<)f. o '4^. IMAGE EVALUATION TEST TARGET (MT-3) K (meaning "CON- TINUED"), or tha symbol Y (meaning "END"), whichever applies. Un des symboles sulvants apparaltra sur la darnlAre image de cheque microfiche, selon le cas: le symbols — ► signifie "A SUIVRE", le symbols ▼ signifie "FIN". Maps, plates, charts, etc., may be filmed at different reduction ratios. Thosa too large to be entirely included In one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams Illustrate the method: Les cartes, planches, tableaux, etc., peuvent Atre filmte A des taux de r6ductir«n diffArents. Lorsque le document est trop grand pour Atre reprodult en un seul clichA, 11 est f limA A partir da I'angle supArieur gauche, de gauche A droite, et de haut an bas, en prenant le nombre d'Imagas nAcessaire. Les diagrammes sulvants illuetrant la mAthode. 1 2 3 1 2 3 4 5 6 fift« ." B REPORT ON THE AFFAIRS M -, ' ■ *" ■ « I OF BRITISH NORTH AMERICA, FROM THE EARL OF DURHAM, '■■'■. v.- '"■• '.' ^' '-i .> 'v- ' I ■*■'■'•.'.. ■■■ HER MAJESTY'S HIGH COMMISSIONER, &c. &c. &c. > ^i 1. f' .^.-iy • .■./■.' ' i . ^■f■ ■■ J •■-. *:- m mi?.*,'.. jri.t' ■■■'■, 'i>r, pj. ::'■■;" .. .lit--'-. ., '■V"!'> ».«• r-*ri lv-1 .-^•■>r y: ..;ti».. Lyi*: .•-^ REPORT. ■i TO THE QUEEN'S MOSV EXCELLENT MAJESTY. May it please Youn Majesty : Youn Majesty, in entrusting nic with the Government of the I'rovince of Lower Cuiiuda, during the critical period of tlic suspeuiiion of its Constituiiun, was pleased, at the sunie time, to impose on me a tusk of crjual diflicultv, and of far more pernmneiit importance, by appoint- ing me "High Commissioner for the adjustment of certain important (piestions depending in the Provinces of Lower anil U[)per Canada, respecting the I'orm and future Government of the said Provinces." To enable mo to discharge this duty with the greater elliiiency, 1 was invested, not only with the title, but with the actual functions of Governor Gu leral oi' all Vour Majesty's North American Provinces, and my instructions restricted my authority l)y none of those limitations that had, in fact, deprived preceding Governors of Lower Canada of all con- trol over the other Provinces, v.hich, neverthelss, it had been the practice to render nominally subordinate to them. It wasi^i addition, therefore, to the exclusive management of the adnii- nistrative business of an extensive and disturbed Province, to the legislative duties tliul. were accumulated on me during the abeyauiie of its representative government, and to the constant communications which I was compelled to maintain, not only with the Lieulcnani Governor.s, but also with individual inhabitants of the other five Provinces, that I had to search into the nature and extent of the (piestions, of which the adjustment is requisite for the tranipiillity of the Canadas ; to set on foot various and extensive incjuiries into the institutions and adminis- tration of those Provinces; and to devise such reforms in the system of their govermneiit as might repair the mischief which had already been done, and lay the foundations of order, tranquillity and improvement. The task of providing for the adjustment of questions alTeeting the very " form and admi- nistration of Civil Government," was naturally limited to the two Provinces in which the set- tlement of such questions had been rendered matter of urgent necessity, by the events that had in one seriously endangered, and in the other actually sus[)cnded, the working of the existing constitution, liut though the necessity only reached thus far, the extension of mv authority over all the British Provinces in North America, for the declared purpose of enab- ling me more elTectually to adjust the constitutional questions then at issue in two of them, together with the specific instructions contained in despatches from the Secretary of Slate, 1 rough, under my view the character and influence of the institutions established in all. I. found i.i all these provinces a form of government so nearly the same — institututions generally so simi'ar, and occasionally so connected — and interests, I'eelings and habits, so much in com- mon, that it was obvious, at the first glance, that my conclusions would be formed vvithout a proper use of the materials at my disposal, unless my inquiries were as extended as my power of making them. How inseparably connected I found the interests of your Majest3''s Provin- ces in North America, to whr c degz*ee I met with common disorders, retpiiring common reme- dies, is an important toj)ic, which it will be my duty to discuss very fully before closing this report. My object at present is merely to explain the extent of the task imposed on me, and to point out the fact, that an inquiry originally directed only to two, has necessarily been ex- tended over all your Majesty's Provinces in North America. While I found the field of inquiry thus large, and every day's experience and reflection inqiressed more deeply on my mind the importance of the decision which it would be my duty to suggest, it became equally clear, that that decision, to be of any avail, must be promjit and final. I needed no personal observation to convince me of this; for the evils I had it in charge to remedy', are evils which no civilized community can long continue to bear. There is no class or section of your Majesty's subjects in either of the Canadas, that does not suffer from both the existing disorder and the doubt which hangs over the future form and ])olicy of the Government. While the present state of things is allowed to last, the actual inhabitants of these Provinces have no security for [)erson or projierly — no enjoyment of what they possess — no stimulus to industry. The development of the vast resources of thest; exten- sive territories is arrested; and the pojuilation, which should bo attracted to fill and fertilize them, is directed into Foreign Slates. Every day, during which a final and stable settlement is delayed, the condition of tho Colonics becomes worse — the minds of men mcn-c exasperated — and the success of any scheme of adjustment more pre^^aiious. .41 **.''■* I ■' •.•■11 ■i% • /■^.■i•■^ . - Jl Earl Dui'hanrs Report. [4tliSess. 13th Pari. f—rT-.-.--*i?*» m mi /,}•.% I f, pi;-:: I \vii9 aware of the necessity of [jromptitude in my docision on the most important of the questions committed to nie at a very curly period after my acceptance of the mission which Your Majesty w as pleased to confide to me. IJefore leaving England, I assured Your Majesty's Ministers, that the plan which I should suggest lor the future (lovernmont of the Canadas, should he in readiness by the comuieucement of the ensuing Session; and, though I had made ])ro\isi<)n that, under any circumstances, the measures which I might suggest should be explained and supported in Parliament hy pomo person who would have had a share in the preparation of them, I addeil, that it was not improbable that I might deem it my paramount duty towards the Provinccj entrusted to mo to attend in my place in the House of Lords, for the purpose of explaining my own views, and supporting my own recommendations. My rf^signation of the olFice of (Jovernor General has, therefore, in nowise precipitated my sug- gestion of the plan which appears to me best calculated to settle the future form and policy of (jovernment in the Canadas. It has prevented, certainly, my completing some inquiries which I had instituted, with a view of eflectiug practical reforms of essent. xl, l)ut still of sub- ordinate importance. But with the chief of my duties as High Commissioner — that of sug- gesting the future Constitution of these Colonies — that event has interfered in no wa\', except in so far as the circumstances which attended it occasioned an undue intrusion of extraneous business on the time which was lefj for completion of my labours. In truth, the a'^'l '^•H '■'"^-m .ii--'/. ■r,-n '•:•*>•' Til » '.••':t| ■. ■ '.M 6 Earl Durham's Report. [4ih Sess. 13th Pari. m i ^firi IS'^ , v>|i-»,?. ■Iv' ••(',» ' flfci-.-:-' ^ ■ Jf' ^*»r ■VJ. ff'*' ■"»■. yi .?■»■■.■ ■s '•.>:■ '* f ' ■ ;i>>- ^ *;">>, .^iV>; •. ■ ' ii*r ■.v |i* In a dcspatcli which I adilressod to your Mtyesty's Principal Secretary of State for the Colonics, on tho Ulh of August lust, I detailed with great niinutcnesM the inifiressions which had bcon pruduced on my mind liy the state of things which existed in Lower Canadu. I ucknowiodge that tho experience derived from my residence in tho. Province hud completely changed my view of the relative inHuenco of the causes which had been assigned for the i'xisting disorders. L hud not, indeed, been brought to believe that the institutions of Lower Canada were less defective than I had originally presumed them to be. Vrinu tho peculiar circumstances in which I was placed, I was enabled to make such etiectual observations as convinced mo that there had existed in the Constitution of the Province, in the balance of political powers, in the spirit and practice of administration in every department of tho Go- vernment, defects that were (juito .suHiciont to uccount for a great d jTeo of mismnnngcment and di.^satisfaction. The same observation had also impressed on mo tho conviction that, for tho i)cculiar und disastrous dissensions of this Province, there existed a fur deeper and far more elticient cause — a cause which penetrated beneath its political institutions into its social state — a cause which no rel'orm of constitution or laws that should leave ihtj elements of so- ciety unaltered could remove, but which must bo removed ere any success could bo expected in any attempt to remedy tho many evils of this unhappy Province. I expected to find a c(mtedt between a government and a people: I found two nations warring in the bosom of a single stale : I found a struggle, not of principles, but of races ; and I perceived that it would bo idle to attempt any amelioration of laws or institutions, until we could fn-st succeed in ter- minating tho deadly animosity that now separates the inhabitants of Lower Canada into tho hostile divisions of French and English. It would be vain for me to expect that any description I can give will impress on vour Majesty such a view of tho animosity of these races, as my personal exf)erience in Lower Canada has forced on mo. Our haf)py immunity from any feelings of national hostility, ren- ders it difficult for us to comprehend the intensity of tho hatred which the ditferenco of lan- guage, of laws and of manners, creates between thoso who inhabit the same village, and are citizens of tho same state. We are ready to believe that the real motive of the (jiKirrel is something else, and that the ditlerencc of race has slightly and occasionally aggravated dissen- sions, which we attribute to some more usual cause. Experience of a state of society, so un- happily divided as that of Lower Canada, leads to an exactly contrary opinion. I'he national feuu forces itself on the very senses, irresistibly and polpably, as the origin or tho essence of every dispute which divides the community ; we discover that dissensions, which appear to have another origin, are but forms of this constant and all-pervading quarrel ; and tl : every conteat is one of French and English in the outset, or becomes so ere it has run its course. The political discontents, for which the vicious system of government has given too much cause, have for a long time concealed or modified the influence of the national quarrel. It has been argued that origin can have but little effect in dividing the country, inasmnch as in- dividuals of each race have constantly been enlisted together on the side of government, or been found united in leading the Assembly to assail its alleged abuses ; that the names of some of the prominent leaders of the rebellion mark their English, while those of some of the most unpopular supporters of the government denote their French origin; and that the represen- tatives, if not of an actual majority, (as has occasionally been asserted,) at any rate of a large proportion of the purely English population, have been found constantly voting with the ma- jority of the Assembly against what is called the British party. Temporary and local cause:) have no doubt, to a certain extent, produced such results. The national hosiility has not as< sumed its permanent influence till of late years, nor has it exhibited itself every where at once. While it displayed itself long ago in the cities of Quebec and Montreal, where the leaders and masses of the rival races most speedily come into collision, the inhabitants of the eastern townships, who were removed from all personal contact with the French, and those of the district below Quebec, who experienced little interference from the English, continued to a very late period to entertain comparatively friendly feelings towards those of the opposite races. But this is a distinction which has unfortunately, year after year, been exhibiting itself more strongly, and diffusing itself more widely. One by one the ancient English leaders of the Assembly have fallen off from the mojority, and attached themselves to the party which suppoited the British government against it. Every election from the townships added to the British minority. On the other hand, year after year, in spite of the various influences which a government can exercise, and of which no people in the world are more susceptible than the French Canadians; in spite of the additional motives of prudence and patriotism, which deter timid or calm men from acting with a party, obviously endangering the pablio tranquillity by the violence of its conduct, the number of French Canadians, on whom the h Part. 9nd Victorio, 1839.] Earl Durham^s Report. ife for the A'hicli had aiiailii. I om|>letoly (! tor the of Lower o ])oeuliur vatioHH a. its social ;nt8 of eo- c.xpectcd to find a osorn of ii t it would ed in ter- i into tho i on your in Lower tilily, ren- co of lan- 3, and (iro quarrel is td dissen- ty, so un- t3 nationul jssence of appear to ; every course. too much arrel. ll ich as in- ment, or '9 of some the most represen- )f a large the ma- al cause:) 18 not as- where at -here the its of the nd those ontinued opposite ling itself ;aders of ty which idded to ifluences sceptible itriotisiD, 16 public horn the Sovernment could rely, has been narrowed by tho influence of thoae OMociatinn* which httw ruwn thum into tliu ranks of tlioir kindred. Tin? insurrection of 1837 completed the division. Since tho resort to orrns, tho two races have bei;n distinctly and completely arrayed agmnst each other. No portion of tho English |)opulation was backward in taking arms in defence of tho government; with a singlu exception, no portion of tho Canadian population was al- lowed to do so, even where it was assorted by some, that their loyalty inclmcd them thereto. Tho exasperation thus generated has extended over tho whole of each race. The most just and sensiliiu of the English, those whose politics had always been most liberal, those who bad ulwuys advocated the most moderate policy in tho provincud disputes, seem from that niome'it to have taken their part against the French as resolutely, if not us fiercely, as the rest of their countrymen, arid to have joined in tho determination never again to submit to a French ma- jority. A lew exceptions mark the existence, rather than militate against the truth of the general rule of national hostility.. A few of the French, distinguished by moderate and en- larged views, still condemn the narrow national prijiidices and ruinous violence of their coun- trvJnen, whilo they ecjually ivsist what they consider tho violent and unjust pretensions of a minority, and emlcavour to ibrm a middle party between the two cxtren)es. A large part of tho Catholic Cloriiy, a few of tho principal pro[)rietors of the seignoriul families, and some of those who are iiitluencod by ancient connexions of party, supf>ort the government against revolutionary violence, A very lew persons of English origin, (oot moro perhaps than lifty out of tho vvlutle number) still continue to act with the parly v»hich they originally espoused. Those who ail'ect to form u middle pnrty exercise no influence on the contending extremes; and those who side with tho nation from which their birth distinguishes them, are regarded by their countrymen with aggravated hatred, as renegades from their race; whiite they obtain but little of the real alfection, confidence or esteem of those whom they have joined. The grounds of quarrel which are commonly alleged appear, on investigation, to have little to do with its real cause; and the inquirer, who has imagined that the public demonstra- tions or professions of tho parties have put him in possession of their real motives and designs, is surprised to find, u[)on nearer observation, how much be has been deceived by the false colours under which they have been in the habit of fighting. It is not, indeed, surprising, that each party should, in thi instance, have practised more than the usual frauds of language, by which factions in every country seek to secure the sympathy of other communities. A quarrel ba^cd on the mere ground of national animosity, appears so revolting to the notions of good sense and charity prevalent in the civilized world, that the parties who feel such a passion the most strongly, and indulge it the most openly, are at great pains to class themselves un- der any denominations but those which would correctly designate their objects and feelings. The French Canadians have attempted to shroud their hostility to the influence of English emigration, and the introduction of British institutions, under the guise of warfare against the government and its supporters, whom they represented to be a email knot of corrupt and in-, violent dependents; being a mtijority, they have invoked the principles of ^ >pular control and democracy, and a[)pea)cd with no little effect to the sympathy of liberal po'iticians in every quarter of the world. The English, finding their opponents in collision with the government, have raised xhe cry of loyalty and attachment to British connexion, and denounced the re- publican designs of the French, whom they designate, or rather used to designate, by the appellation of Radicals. Thus the French have been viewed as a democratic porty, contend- ing for ref<)rm ; and the English as a conservative minority, protecting the menaced connec- tion with the British Crown, and the supreme authority of the empire. 'I'here is truth in this notion, in so far as respects the means by which each party sought to carry its own views of government into effect. The French majority asserted the mo3t democratic doctrines of the rights of a numerical majority. The English minority availed itself of the protection of the prerogative, and allied itself with all those of the colonial institutions which enabled the few to resist the will of the many. But when we look to the objects of each party, the analogy to our own politics seems to be lost, if not actually reversed ; the French appear to have usetl their democratic arms for conservative purposes, rather than those of liberal and enlightened movement; and the sympathies of the friends of reform are naturally enlisted on the side of sound amelioration, which the English minority in vain attempted to introduce into the anti- quated laws of the province. Yet even on the questions which had been most recently the prominent matters of dispute between the two parties, it is difficult to believe that the hostility of the races was the enecf, and not the cause, of the pertinacity with which the desired reforms were pressed or resisted. The English complained of the Assembly's refusal to establish i ?&:istry offices, and to commute the feudal tenures ; and yet it was among the ablest and most Intlnenttal leader* of •' !.« 'A "• i 1 "1 T \ .V ■^):n i^ Earl Durhani'i Report. [4tb Svm. 1 3lli PurL ||u«tV. ' , . '.V "■ It'-': it;-, 'If* «'.•. f . the Knaluh tliiit I found aome of the opponuntH iti' b!4. Many ol' thciii ropreHontud thti reluctancu vvliich tlii) AHHoniljIy hud rxhibitud to t'nturtuin thuHu (|uet- tionn, nn a r«Nult of thti t'xtriiorninary iiillurncu which Mr. I'npincau uxurciMcd ovor tiiut hmly ; Win oppoHJlion wnn nccoiinlod lor l>y moimu pecuhur prejudicoN of iti unil prolcBHioiuil practice, in which hu wti/t Hiiid to iind httlu concurrence utnonu hiN couiitryiuen ; it was Ntated that even hid inlluence would not huve preventeil tlioHU <|U(')«lioii!4 lioin ^)^^ll\^ \v\\ luvouruhlv entcrtaineil l>y the ANNonihly, hiid it ever met ugtiin ; and 1 received uHMurunccs ol' ii IViendly disiKiftilion townrtU them, wliicli I muxt !4iiy were very much ut vuriunce with tlu; reluctance which the lendiuf^ men of the party Hliovred to any co-operation with me in th(! attemptH which 1 xub.seqiiently made to carry these very objects into cll'ect At (lie Haiiie time, while the leading uhmi of the French parly thus rendered the* 'vc« liable to llie imputation of u timid or narrow-minded opposition to these improvemuni -uhv of the Kreiuli p()])ulation, who are immediate siiH'erers by the abuses of the seigniorial lyslem, exhibited, in everv pos- sible shape, their hoHtility to the Htate ol things wliitli their leaders had ho obstinal«!ly 'main- tained. There is every rciason to believe that a great number of the peasants who fought at St. Denis and St. CUmrles, imiigiind that the principal lesnlt of siueess would be the overthrow uf tithes and hnidal burthens; and in the Declaration of liid(>pendence, which Dr. Robert Nelson issued, two of tlie objects of the insurrection were stated to be the iibolition of feudal tenures, and the establishment of registry ollices.* When I observe tlie.M! in(:;)rwislencies of conduct among the o[)poncnts ami supporters of these reforms ; when I consider tluit their at- tainment was prevented by moans of the cen-situireji, the very persons most interested in their success, and that they were not more eagerly demanded by the wealthier of the Kniilish, than by the artisans and labtxirers of that race whose individual interests would lianlly have deri<- vod much direct benefit from their success, I cannot but think that many, both of the sup- porters and of the opnonents, cared less for the measures thcmscKcs, than for the handle which the ag'tation ol them gave to their national hostility.; that the Assembly resisted these changes chieHy because the English desired them ; and that the eagerness w iih which iiianv of the English urged them was stimulated by linding them opposed by the French. Nor did I find the spirit which animated each party at all more coincident with the representations current in this country, than their objects appeared, when tried by English, or, rather, by European ideas of reforming legislation. An utterly uneducated and singularly inert population, implicitly obeying leaders who ruled them by the influence of a blind confi- dence and narrowr national prejudices, accorded very little with the resemblance which had been discovered to that high-spirited democracy which affected the American revolution. — Still less could I discover in the English population those slavish tools of a narrow official clique, or a few purse-proud merchants, which their oj)poiients had described them as being. I have found the main body of the English population, consisting of hardy farmers and humble mechanics, composing a very independent, not very manageable, and sometimes, a rather turbulent democracy. Though constantly professing a somewhat extravngant loyalty and high prerogative doctrines, I found them very determined on maintaining, in their own per- sons, a great respect for pof)ular rights, and singularly ready to .enforce their wishes by the strongest means of constitutional pres.sure on the government. Between tlictm and the Cana- dians I found the strongest hostility ; and that hostility was, as might be expected, most strongly developed amoiig the humblest and rudest of the body. Between them and the small knot of officials, whose influence has been represented as so formidable, I found no sympathy what- ever; and it must be said, injustice to this body of officials, who have been so much assailed as the enemies of the Canadian i)eoplc, that however little I can excuse the injurious influence of that system of administration, which they were called upon to carry into execution, the members of the oldest and most powerful olficial families were, of all the English in the country, those in whom I generally found most sympathy with, and kindly feeling towards, the French population. 1 could not, therefore, believe that this animosity was only that sub- sisting between an oflficial oligjiichy and a people; and again, I was brought to a conviction that the contest, w hich had been represented as a contest of classes, was in fact, a contest of races. * Among (he fuw pclitionsi, except (hose nf mere compliment, which I received from the French Canadians, wera three or four for llio nbuiiiioii nnd commutaiioti of the feudal lenureii. But the most remurkiible whs ono which was presented fiom the inhabitants of the county of Sagiienny, and supported by Mr. Charles Drolel, bile M. P. P. for that comity. The petitioners, who represented themselves as sufforing under a degree of distress, of which the exis- tence is too deplorably certain, prayed to be allowed to settle on the wild lands at the head of ihe Saguenay. They expressed their willingness to take the lands on any conditioDt whieh the governuent niigbt propose, but they prayett that it should not be granted on the feudal tenure. h Purl 2nd Victoria, ia39.] Ear) Durhnm's Report* 9 ho leadora Muiiy of liiiNo i|uei- iliut Ixuly ; rofc-sHioiuil waa Ntutctl lav()iirul)ly 11 rriciutly roliu-ttiiicu (! uttein(iU iiiif, whilf) taliori of u [lopulutiun, ev»;rv f)08- ihily inuin- 1) lijii^lit ut overthrow Dr. liobcrt I of feudal sloncicH of It their nt- f(l ill their mliah, thnii liave tlerw »f llie HUp- hu liandle inleil llicse- iiieli many t with the singularly lind eonti- A-hich had solution. — ;)vv oiHcinI 1 as bfcirii.'. lid humble , a rather lyaity and own per- les by the the Cana- st strongly tmall knot illiy what- :h assailed i influence lulion, the ish in the y towards, that sub- conviction contest of liidians, were 10 which was M. P. P. for lich ihe exi»- Biiay. They ; they prayed However unwilling wo mav l>e tn nitrilxito the diMirduri of a country connected with ui to a cauM xo futal to iin trun(|uillity, and one which it iteeniH m» dilHciilt to remove, no \ery long or laboured coiiMideriition of the relative charai ters and iio.Hitioii of those ruccH iM needed, for convincing uh of their invincible lumlility towiii'(U each ntlu r. It in ncarcely {lONviblo to conceive deiicendantt of any of the ^reat Kiropeun natioiiH more unlike each other in cliar- actor and teni[)erameiit, more totally Mepurated from ciuii other by laiii;iiii;^i', laws, and modt'ii of life, or placed in circuiimtanccH more calciiliitcti to pidiliic*! niuliial iiii.sunderitlaiiding. joalouAy unti hatred. To conciiivo the incompatHlnlity of the two raccH in Canada, it \$ not enough that we hIiouIiI picture tooiirHcKi , a coiinininity coiiinnHcd of (tpiul proportions of Froiicli and Kiii^litli. \Ve muNt bear in mind what kind of i''reiK'li imd EiigliHh they uru that are brought in contact, and in what proportion.^ they meet. The instiiiiiioim of Frnnc" iriiig the period of the coloiii/.iition of Canada, were, por- Inps, more thiiii those of any ol.ier Kuiopc-an inti'in ralciiliitcd to rc[)r(>ss the ititelligencu ami 'reedom o! the urcat muss of the? people. 'riie.M! iiiiititulioiis folioNM'd tlie CnniidiMii colo- nist acroKH th(> atlantic. The same central, ill-or^ani/ed, iiiiinipiovini) and repressive despot- iiin, extended over hitn. Not merely was he allowed no voice in the gov('rniinfit of hi* Province, or the ciioico of his rulers, but he was not even pcriiiitlcd to assoiiati \ith his neighbours for the regulation of those nninicipal aliiiirs, which the central authority neglected under the prel(!Xt of managing, lie obtained his Iniid on ii tenure singularly calcii! .ted to promote his inmiediatt^ coiiiibrt, and to check hjs desire to better his condition : he was placeun 11 - xA •i> VI. 'M 10 Bail JDurham's Riipovt. [4th Bern. 13th Par L ml- in every respect dissimilar to those of France in the present day. They resemble rather the French of the provinces under the old regime. ' I cannot pass over this subject without culling particular attention to a peculiarity in the> social condition of this people, of which the important bearing on the troubles of Lower Can- ada has never, in my opinion, been properly estimated. Tne circumstances of a new andl unsettled country, the operation of the French laws of inheritance, and the absence of any- means of accumulation, by commerce or manufactures, have produced a remarkable equality: of properties and conditions. A few seignorial families possess large, though not often very valoable properties ; the class entirely dependent on wages is very small ; the bulk of tho' population is composed of the hard-working veomanry of the country districts, commonly cal- led habitants, and their connections, engaged in other occupations. It is impossible to exag- gerate the want of education among the habitants ; no means of instruction have ever, beenj provided for them, and they are almost universally destitute of the qualifications even of read- ing and writiug. It came to my knowledge that out of a great number cf boys and girls as- sembled at the school-house door of St. Thomas, all but three admitted, on. inquiry, that they, could not read. Yet the children of this large parish, attend schncl. regularly,, and actually, make use of books. They hold the catechism book in their hand,. as if they were reading,, while they only repeat its contents* which they know by rote. The common assertion, how- ever, that all classes of the Canadians are equally ignorant, is perfectly erroneous :.for I know, of no people among whom a larger provision exists for the higher kinds of elementary, educa- tion, or among whom such education is really extended to a^arger proportion ofthd popula- tion. The pietyand benevolence of the early possessors of the country founded, in the semi- naries that exist in aifferent parts of the province, institutions, of which the funds and activity, have long been directed to the promotion of education. Seminaries and colleges have been, by these bodies, established in the cities and in other central points. The education gjVen in tliese establishments greatly resembles the kind given in the English. public schools, though it, is rather more varied. It is entirely in the hands of the Catholic Clergy- The number of pupils in these establishments is estimated altogether at about a thousand; and they turn out I'very year, as fur as I could ascertain, between two and. three hundred young men thus edu- cated. Almost iill of these are members of the family, of some habitant, wliom the possession of greater quickness than his brothers has induced the father or the curate of the parish to- select and send to the seminary. These young men possessing, a degree of information ira- ineasuiab'.y superior to that of their families, are naturally averse to what they regard as des-- cending to the humble occupations of their parent^;.. A few become priests ; but as the mili-- tary and naval professions are closed against the colonist, the greater part can only find a position suited to their notions of their own qualifications, in the learned professions of advo- cate, notary, and surgeon. As from this cause these professions are greatly overstocked, we fir.d every village in Lower Canada filled with notaries and surgeons, with little practice to occupy their attention, and living among their own families, or at any rate among exactly the .'ame class. Thus the persons of most education in every village belong to the same families, and the same original station in life, as the illiterate habitans whom I have described. They are connected with them, by all the associations of early youth, and the ties of blood. The most perfect equality always marks their intercourse, and the superior in education is separa- ted by no barrier of manners, or pride, or distinct interests, from the singularly ignorant pea- .santry by which he is surrounded. He combines, therefore, the influence of superior know- ledge and social e(]ualit.y, and wields a power over the mass, which I do not believe that the educated class of any other portion of the world possess. To this singular state of things I attribute the e.\tiaordinary influence of the Canadian demagogues. — The most uninstructed population anywhere trusted with political power is thus placed in the hands of a small body of mstructcd persons, in whom it reposes the confidence which nothing but such domestic connection and such community of interest could generate. Over the class of persons by wl'om the peasantry are thus led, the government has not acquired, or ever laboured to acquire intluciioe. Its members have been thrown into opposition by the system of exclusion long prevalent in the colony, and it is by their agency that the leaders of the assembly have been enabled hitherto to move as one mass in whatever direction they thought proper, the simple and ductile population of the country. The entire neglect of education by the government has thus, more than any other cause, contributed to render the people ungovernable, and to invest the agitator with the power which he wields against the laws and the public tranquillity. Among this people the progress of emigration has of late years introduced an English population, exhibiting the characteristics with which we are familiar, as those of the most en- terprising of every class of our countrymen. The circumstances of the early colonial Sidim- hParL rather the rity in the' ►wer Can- i new aodi ice of any e equality >fteD very ulk uf the inonly caU- e to exag- ever. been, in of read"- (i girls as- , that they. (1 actually. e reading,, tion, how- ur I know, ry.educa- •d popula- I the semi- id activity, lave been, n g^'en ia . though it. number of y turn out thus edu- possession parish to. ation im- rd as des-- the mili-- nly find a of advo- icked, we raqtice to Lactly the ! families. They 9ud Victoria, 1839.] Earl Durham's Report. II 1. >d. The 3 separa- rant pea- jr know- that the things I istructed lall body domestic irsons by t acquire sion long ave been le simple ^ernment e, and to nquillity. English most en- al Stdmi- nistratioa excluded the native Canadian from power, and vested all offices of trust and emolu- ment in the hands of strangers of English origin. The highest posts in the law were confided to the same class of persons. The functionaries of the civil government, together with the officers of the army, composed a kind of privileged class, occupying the first place in the community, and excluding the higher class of the natives from society, as well as from the government of their own country. It was not till within a very few years, as was •:«8tified by (lersons who had seen much of th< country, that this society of civil and military functionaries ceased to exhibit towards the higher order of Canadians an exclusiveness of demeanour, which was more revolting to a sensitive and polite people than the monopoly of power and profit ; nor was this national favouritism discontinued, until after repeated coninlaints and an angery contest, which had excited passions that concession could not allay. The races had become enemies, ere a tardy justice was extorted ; and even then, the Government discovered a mode of distributing its patronage among the Canadians, which was quite as oifensive to that people as their previous exclusion. It was not long after the conquest, that another and larger class of English settlers began to enter the province. English capital was attracted to Canada, by the vast quantity and valuable nature of the exportable produce of the country, and the great facilities for commerce, presented by the natural means of internal intercourse. The ancient trade of the country waa conducted on a much larger and more profitable scale ;. and new branches of industry were explored. The active and regular habits of the English capitalist drove out of all the more pro- fitable kinds of industry their inert and careless competitors of the French race ; but in respect of the greater part (almost the whole) of the commerce and manufacturers of the country, the English cannot be said to have encroached upon the French; for, in fact, they created employments and profits which, had not previously existed. A few of the ancient race smarted under the loss occasioned, by the success of English competition ; but all felt yet more acutely the gradual increase of a class of strangers, in whose hands the wealth of the country appeared to centre— and whose expenditure and influence eclipsed those of the class which had previ- ously occupied the fvst position in the country. Nor was the intrusion of the English limited to. commercial enterprizes. By degrees, large portions of land were occupied by them : nor did they confine themselves to the unsettled and distant country of the townships. The wealthy capitalist invested his- money in the purchase of seigniorial properties — and it is esti- mated, that at the present moment, lull half of the more valuable seigniories are actually owned by English proprietors. The seigniorial tenure is one so little adapted to our notions of proprietary rights, that the new Seigneur, without consciousness or intention of- injustice, in many instances exercised his rights in a manner which would appear perfectly fair in this country, but which' the Canadian settler reasonal)ly regarded as oppressive. The English purchaser found an equally unexpected and just cause of complaint in that uncertsinty of the laws, which rendered bis possession of property precarious, andin those incidents of the tenure which rendered its alienation or improvement difficult. But an irritation greater than ^hat occa- sioned by the transfer of the large properties, was caused by the competition of the English with 'the French farmer. The English farmer carried with him the experience and habits of the most improved agriculture in the world. He settled himself in the townships border- ing on the seigniories, and brought a fresh soil and improved cultivation to compete with the worn-out and slovenly farm of the habitant. He often took the very farm which the Cana- dian settler had abandoned, and by superior management, made that a source of profit which had only impoverished his predecessor. The ascendancy which an unjust favouritism htid contributed to give to the English race in the government and the legal profession, their own superior energy, skill and capital, secured to them in every branch of industry. They have •leveloped the resources of the country — they have constructed or improved its means of com- munication — they have created its internal and foreign commerce. The entire wholesale, and a large portion of the retail, trade of the province, with the most profitable and flourish- ing farms, are now in the hands of this numerical minority of the population. In Lower Canada, the mere working class which depends on wages, though proportion- ally large in comparison with that to be found in any other portion of the American continent, is, according to our ideas, very small. Competition between persons of different origin in this class has not exhibited itself till very recently, and js, even now, almost confined to the cities. The large mass of the labouring population are French, in the employ of English capitalists. The more skillbd class of artisans are generally English ; but in the general run of the more laborious employments, the F^-ench Canadians f\il^ hold their ground agaiiist English' rivalry; The- emigration which took place a few years ago, brought in a cla 3 which entered ioto morfr diced cooofietition with the Freaeh, in some kind* of euiploy meAi,„ini tb» ■ •'■Tv. ^■' '■" '. ■'^ L • l',-''>l ■ ^i^-i ',■<■■ . i , ' M ^ i y;l ;■• . -.1 i J " ■ ( f " i It Earl DurliRm's Report. [4th Sess. 13th Pari. J !|i' towns ; but the individuals affected by this competition were not very many. I do not believe that the animosity which exists between tne working classes of the two origins is the neces- sary result of a collision of interests, or of a jealousy of the superior success of English labour. But national prejudices naturally exercise the greatest influence over the most uneducated.: the difference of language is less easily overcome — the difference of manners and customs less easily appreciated. The labourers, whom the emigration introduced, contained a number of very ignorant, turbulent and demoralized persons, whoso conduct and manners alike revolted the well-ordered and courteous natives of" the same class. The working-men naturally ranged themselves on the side of the educated and wealthy of their own countrymen. When once engaged in the conflict, their passions were less restrained by education and prudenc3 — and the national hostility now rages most fiercely between tliose whose interests in reality bring them the least in collision. The two racf", thus distinct, have been brouglit into the same community, under circum- stances which rendered their contact inevitably productive of collision. '1 he difference of language, from the first, kept them asunder. It is not anywhere a virtue of the English rece to look wi'h complacency on any manners, customs or laws, which appear strange to them; accustomed to form a high estimate of their own superiority, they take no pains to conceal from others their contempt and intolerance of their usages. They found the French Cana- dians filled with an equal amount of national pride; a sensitive, but inactive pride, which disposes that people not to resent insult, but rather to keep aloof from those who would keep them under. The French could not but feel the superiority of English enterprise ; they could Uot shut their eyes to their success in every undertaking in which they came into contact, and to the constant superiority which they were accpiiring. They looked upon their rivals with alarm — with jealousy — and finally with hatred. The English repaid them with a scorn, which soon also assumed the same form of hatred. The French complained of the arrogance and injustice of the English ; the English accused the French of the vices of a weak and con- quered people, and chargeil them with meanness and perfidy. The entire mistrust which the two races have thus learned to conceive of each other's intentions, induces them to put the worst construction on the most innocent conduct — to judge every word, every act, and every intention unfairly — to attribute the most odious designs, and reject every overture of kindness or fairness, as covering secret designs of treachery and malignity. Religion formed no bond of intercourse and union. It is, indeed, an admirable feature of Canadian society, that it is entirely devoid of any religious dissensions. Sectarian intolerance is not merely not avowed, but it hardly seems to influence mens' feelings. But though the prudence and liberality of both parties has prevented this fruitful source of animosity from embittering their quarrels, the difference of religion has in fact tended to keej) them asunder. Their priests have been distinct — they have not even met in the same church. No common education has served to remove and soften the differences of origin and language. The associations of youth — the s[)orts of child''ood — and the studies by which the character of manhood is modified, are distinct and totally different. In Montreal and Quebec there are English schools and French schools; the children in these are accustomed to fight ration against nation — and the quarrels that arise among boys in the streets, usually exhibit a division into English on one side, and French on the other. As they are taught apart, so are their studies different. The literature with which each is the most conversant, is that of the peculiar language of each; and all the ideas which men derive from books, come to each of them from perfectly different sources. The difference of language in this respect produces effects quite apart from those which it has on the mere intercourse of the two races. Those who have reflected on the powerful influence of lan- guage on thou.ght, will perceive in how different a manner people who speak in different languages are apt to think ; and those who are familiar with the literature of France, know that the same opinion will he expressed by an English and French writer of the present day, not merely in different words, but in a style so different as to mark utterly different habits of th'-ught. This difference is very striking in Lower Canada: it exists, notmereJv in the books of most influence and repute, which are, of course, those of the great writers of France and England, and by which the minds of the respective races are formed, but it is observable in the writings which now issue from the colonial press. The articles in the newspapers of each race, are written in a style as widely different as those of France and England at present — and the arguments which convince the one, are calculated to appear utterly unintelligible to the other. hParl. not believe the neces- lish labour, leducated.: id customs 1 a number ke revolted lily ranged Vhen once enc3 — and sality bring ler circum- ffe pence of nglish rece e to them ; to conceal nch Cana- •ide, which k'ould keep they could antact, and rivals with orn, which gance and and con- rust which em to put y act, and verture of ^ikT Vfctorfa, 18:1!).] ETarV Durliam's Reporf. rar feature of ntolerance lough the osity from n asunder. )rigin and which the Quebec ed to fight Y exhibit a /hich each hich men Terence of the mere ce of Ian- different ice, know isent day, habits of the books ance and ervable in ;r£ of each present — Eligible to The difference of language produces misconceptions yet more fatal even than those which it occasions with respect to opinions : it aggravates the national animosities, by repre- senting all the events of the day in utterly different lights. The political misrepresentation of facts is one of the incidents of a free press in every free country ; but in nations in which all speak the same language, those who receive a misrepresentation from one side, have gene- rally some means of learning the truth from the other. In Lower Canada, however, uhere the French and English pa[)ers represent adverse ofiinions, and where no large portion of the community can read both languages with ease, those who receive the misrepresentation are rarely able to avail themselves of the means of correction. It is dillicult to conceive the perversity with which misrepresentations are habitually made,, and the gross delusions which find currency p.mong the peoi)le;- they thus live in a world of misconceptions — in which each party is set against the other, not only by diversity of feelings and opinions, but by an actual belief in an utterly different set of facts. The differ tices thus early occasioned by education and language, are in nowise softened by the intercouisc of after-life ; their business and occupations do uot bring the two races into friendly contact and co-operation, but only present them to each other in occasional rivalry. A laudal)le emulation has of late induced the French to enter on the field previously occupied by the English, and to attempt to compete with them in commerce ; but it is much to be lamented, that this did not commence until the national animositi>';s had arrived almost at the highest pitch — and that the competition has been carried on in such a manner as to widen the pre-existing differences. The establishment of the " Banque du People," by French capitalists, is an event which may be regarded as a satisfactary indication of an awakening eommercial ei ergy among the French ; and it is, therefore, very much to be regretted, that (he success of the new enterprise was uniformly promoted by direct and illiberal appeals to the national feelings of the race. Some of the French have lately established steam-boats, to compete with the monopoly which a combination of English capitalists had for some time enjoyed on the St. Lawrence ; and small and somewhat uncomfortable as they were, they were regarded with favour on account of their superiority in thj essential qualities of certainty and celerity. But this was not considered sufficient to insure Aeir success ; an appeal was constantly made to the national feelings of the French for an exclusive preference of the "French" line, and I have known a French newspaper to announce with satisfaction the fact, that on the previous day the French steamers to Quebec and LaPrairie had arrived at Mon- treal with a great many passengers, and the English with very few. The English, on the other hand, appealed to exactly the same kind of feelings, and used to apply to the French steamboats the epithets of " Radical," " Rebel," and " Disloyal." The introduction of this kind of national preference into this department of business, produced a particularly mischie- vous effect, inasmuch as it scpa ited the two races on some of the few occasions on which they had been previonsly thrown into each other's society. They rarely meet at the inns in the cities; the princi[)al hotels are almost exclusively filled with English, and with foreign travellers ; and the French are, for the most part, received at each other's houses, or in board- ing-houses, in which they mee' with few English. Nor do their amusements bring them more in contact. Social intercourse never existed between the two races in any but the higher classes, and it is now almost destroyed. I heard of but one house in Quebec, in which both races met on pretty equal and amicable terms — and this was mentioned as a singular instance of good sense on the part of the gentleman to whom it belongs. At the commencement of Lord Aylmer's administration, an entertainment waa gi»'en to his Lordship by Mr. Papineau, the Speaker of the House of Assembly. It was gen- erally understood to be intended as a mark of confidence and good-will towards the Governor, and of a conciliatory disposition. It was given on a very large scale ; a very great number of persons were present — and of that number, I was informed by a gentleman who was present, that he and one other were the only English, except the Governor and his suite. Indeed.'the difference of manners in the two races, •renders a general social intercourse almost impos-' " sible. A singular instance of national incompatability was brought before my notice, in an at- tempt which I made to promote an undertaking, in which the French were said to take a great deal of interest. I accepted the office of President of the Agricultural association of the District of Quebec, and attended'the Show previous to the distribution of the prizes. I then found that the French farmers would not compete, even on this neutral ground, with the English. Distinct prizes were given, in almost every department, to the two races ; and the national ploughing matches were carried on in separate and distant fields. ♦■;■ -'i^r m '■' ' ;• '■*■■ •V:r.c:- '..:h ■ : m ■'•'■■I ■^-ly-l >::m m 14 Earl Durham's Report. [4t)rSess. i:3tfi Parf. While such is their social intercourse, it is n to be expected that the animosities of the two races can frequently be softened by the formation of domestic connexions. During the Krst period of the possession of the Colony by the English, intermarriages of the two races were by no means uncommon. But they are now vtsry rare ; and where sucih unions occur, thev are generally i<)rmed with members of the French families, which I liave described a» politically, and almost nationally, separated from the bulk of their own race. I could mention various slight features in the state of society, which show the a)l-[»erva- community almost entirely composed of the other. The two parties combine for no public object — they cannot harmonise even in associations of charity. The only public occasion on which they ever meet is in the Jury-box— and they meet there only to the utter obstructioo< of Justice. The hostility which thus pervades society, was some time growing before it became of prominent importance in the politics of the province. It was inevitable, that such social feel- ings must end in a deadly pohtical strife. The French regarded with jealousy the influence,, in politics, of a daily increasing body of the strangers, whom they so much disliked and dreaded; the wealthy E'nglish were offended at 'finding that their property gave them no influence over their French dependents, who were acting under the guidance of leaders of their own race ; and the farmers and traders of the same race were not long before they began to bear with impatience their utter political nullity, in the midst of a majority of a population, whose ignorance they contemned, and whose political views and conduct seemed' utterly at variance with their own notions of the principles and practice of self-government The superior political and' practical intelligence of the English, cannot be for a moment dis- {)uted. The great mass of the Canadian population, who cannot read or write, and have bund in few of the institutions of their country, event the elements of political education^ were obviously inferior to the English settlers, of whom a large proportion had received » considerable amount of education, and had been trained in their own country to take a partr in public bnsiness^of one kind or another. With respect to the more educated classes, the superiority in not so general or apparent ; indeed,, from all the information that I could colleel;. I incline to think, that the greater amount of refiaement— of speculative thought— and of the CnowMgp that books cao give— is, with some brilliant excefKtions,. to> b« fbuod' amonj^.tbef- flure say. (lone belnn bccar and blow the hearii itIiParf: 2nd Victoria, 1839.] Earl Durham's Report. 15 '. .'■ I •■ limosities of 19. During e two races lions occur, escribed a» J a)I-{iervn- ical) really of porsona^ o the ruder isscs, social ble antago- I), who was lation, had ifo, until he n the habit litical per- iist quarrrl idividually, utu:il fears and dread lose places L'n on their calm, with d much of these take >ance, and inding, not ' It it would seqnently,. )limentary I — even in' 3uld, from' and Eng- lere I met Iwell in a. no public ;casion oRi bstructioDi )ecame of icial feel- influence,, iked and them no eaders of fore they )rity of a t seemed' " ernment. ment dis- ind have ducation,^ iceived n ie a part" , isses, the d collect;., nd of the French. But I have no hesitation in stating, even more decidedly, that the circumstances in which the English have been placed in Lower Canada, acting on their original political edu- cation, have endowed the leaders of that population with much of that practical sagacity, tact, and energy, in politics, in which, I VMUt say, that the bad institutions of the colony have, in my opinion, rendered the leaders of the French deplorably deficient. That a race, which felt itself thus superior in political activity and intelligence, should submit with patience to the rule of a majority which it could not respect, was in^possible. At what time and from what [larticular cause the hostility between such a majority and such a minority, which was sure si)i»ner or later to break out, actually became of paramount importance, it is dilhcult to say. The hostility between the Assembly and the British government had long given a ten- dency to attacks, on the part of the popular leaders, on the nation to which that government belonged. It is said that the appeals to the national pride and animosities of the Frenchf became more direct and general on the occasion of the abortive attempt to rc-unite Upper and Lower Canada in 1822, which the leaders of the Assembly viewed or represented as a blow aimed at the institutions of their province. The anger of the English was excited by the denunciations of themselves, which, subsequently to this period, they were in the habit of hearing. They had possibly some little sympathy with the members of the provincial go- vernment of their own race ; and their feelings were, probably, yet more strongly excited in favour of the connection of the colony with Great Britain, which the proceedings of the Assembly appeared to endanger. But the abuses existing under the provincial government, gave such inducements to remain in ( pposition to it, that the representatives of each race continued for a long time to act together against it. And as the bulk of the English popula- tion in the townships, and on the Ottawa, were brought into very little personal contact with the French, I am inclined to think that it might have been some time longer, ere the disputes of origin would have assumed an importance paramount to all others, had not the Assembly come into collision with the whole English po[)ulation, by its policy with respect to internal improvements, and to the old and defective laws, which operated as a bar to the alienation of land, and to the formation of associations for commercial purposes. The English population, an immigrant and enterprising population looked on the Ame- rican provinces as a vast field for settlement and speculation, and in the common spirit of the Anglo-Saxon inhabitants of that continent, regarded it as the chief business of the govern- ment, to promote, by all possible use of its legislative and administrative powers, the increase of population and the accumulation of property ; they found the laws of real'property ex- ceedingly adverse to the easy alienation of land, which is, in a new country, absolutely eseen-' tial to Its settlement and improvement; they found the greatest deficiency in the internal communications of the countrVi and the utter want of local self-government rendered it necessary for them to apply to the Assembly for every road or bridge, or other public work diat was needed ; they wished to form themselves into companies for the establishment of banks, and the constrivction of rail-roads and canals, and to obtain the powers necessary for the completion of such worLs with funds of their own. And as the first requisite for the improvement of the coun-try, they desired that a large proportion of the revenue should be applied to the completion of that great series of public works by which it was proposed to= render the St. Lawrence and the Ottawa navigable throughout their whole extent. Without going so far as to accuse*the Assembly of a deliberate design to check the set- tlement and improvement of Lower Canada, it cannot be denied that they looked with codh' siderable jealousy and dislike on the increase and prosperity of what thtey regarded as' a foreign and hostile race; they looked on the province as the |)atritnony of their own race; they viewed it not as a country to be settled, but as one already settlied } and instead of legis- lating in the American spirit, and first providing for the future population of the province, • their primary care was, in the spirit of legislation which prevail* in the oM world, to guard the interests and feelings of the present race of inhabitants, to whom they considered the new^ comers as subordinate ; they refused to increase the burthens of the country by impcsiiig taxes to meet the expenditure required for improvement, and they also refused to direct t6 that object any of the funds previously devoted to other purposes. The improvement of the' harbour of Montreal wa» suspended, from a political antipathy to a leading English merchant who had been the most active of the commissioners, and by whom it had been conducted with the most admirable success. It is but just to say, that some of the works which the Assembly authorised and encouraged, were undertaken on a scale of due moderation, and' satisfactorily perfected amt brought into operation. Others, especially the great communie&r ' tions which I have mentioned above, the Assembly showed a great reluctance to promote tit ereu to permit It is true that there was cfHisiderable foundation for their tibjectioiwto tint ' ■■■ '.' iti ■ ■:■.*.■' ' ■V,-';.'.;:t)l "' " '*il 4:M ■W^-: ''■' '■ ».■- , m Ml ■- 'f. ■'•■ ■ ' "' - 1 ;' .■ J ■•'■I'l *'. '-^ i .>■■ . • I Vjl " i' '■■ J/i • . ' -ti ■mm fCP £Iarl Durham's Repovtf. [4th Sess. 1 3l1i Pari. ^n mt plan on which the Legislature of Upper Canada had commenced some of these works, and to the mode in which it Imd carried them on ; but the English conipUiined that instead of profiting by the experience which they might have derived from this sourro, the Assembly seemed only to make its objections a pretext ibr doing nothing. The applications for banks, rail-roads, and canals, wore laid on one side, until some general measures could be adopted with regard to such undertakings; but the general measures thus promised were never [)ujsed, and the particular enterpriiies m question were ])rcvented. The adopliun of u registry was refused on the alleged ground of its inconsistency with the French institutions of the province, and no measure to attain this desirable end, in u less obnoxious mode, wus prepared by tliti leaders of the Assembly. The feudal tenure wus supported, as a mild utid just provision for the settlement of a new country; a kind of assurance given by a committee of llie Assembly, that some steps should be taken to remove the most injurious incidents of the seigniorial tenure produced no practical results; aiid the enterprises of the English were still thwarted' by the jbnoxious laws of the country. In all these decisions of the Assembly, in its discus- sions, al^d in the apparent motives of its conduct, the English jiopultition perceived trace» of a desire to repress the inHux and the success of their race. A measure for imposing a tax on emigrants, though recommended by the homo government, and warranted by the policy of those neighbouring states, which give the greatest encouragement to immigration, was argued on such grounds in the Assembly, that it was not unjustly regarded as indicative of an intention to exclude any further accession to the English population ; and the industry of the' English was thus retarded by this conduct of the Assembly, iiome districts, [)nrticularly that of the eastern townships, where the French race hns no footing, were seriously injured by the' refusal of neceasary improvements ; and the English inhabitints generally regarded the policy of the Assembly as a plan for preventing any further emigration to the province, of stopping the growth of English wealth, and of rendering precarious the English property alreutly invested or acquired in Lower Canada. The Assembly, of which they thus complained, and of which they entertained apprehen- sions so serious, was at the same time in collision with the executive government. The party in power, and which, by means of the Legislative Council, kept the Assembly in check, gladly availed itself of the discontents of this powerful and energetic minority, olTered its j)rotection,> and undertook the furtherance of its views; and thus was cemented the singular alliance be- tween the English population and the colonial officials, who combined from perfectly difTerent motives, and with perfectly dill'erent objects, against a common enemy. Tlic English desired reform and liberal measures from the Assembly, which refused them, while it was urging other reforms and demanding other liberal measures from the executive govcinnient. The Assem- bly complained of the oppressive power of the executive; the English complained that they,, a minority, suffered under the oppressive use to which power was turned by the French majo-' rity. Thus a bold and intelligent democracy was impelled, by its im[)atience for liberal mea- sures, joined to its national antipathies, to make common cause with a government which was- at issue with the majority on the question of popular rights. The actual conHict commenced by a collision between the executive and the French majority ; and as the English population rallied round the government, supported its j)retension3, and designated lh(;inselves by the appellation of" loyal," the causes of quarrel were naturally supposed to be much more simple than they really were ; and the extent of the division which existed among the inhabitants of Lower Canada, the number and nature of the combatants arrayed on each side, and the irremediable nature of the dispute, were concealed from the public view. The treasonable attempt of the French party to carry its political objects into efTect by an appeal to arms, brought these hostile races into general and armed collision. I. will not dwell on the melancholy scenes exhibited in the progress of the contest, or the fierce passions which held an unchecked sway during the insurrection, or immediately after its suppression. It is not difficult to conceive how greatly the evils, which I have described as previously existing, have been aggravated by the war ; how terror and revenge nourished, in each portion of the population, a bitter and irreconcileahle hatred to each other, and to the institutions of the country. The French population, who had for some time exercised a great and increasing power through the medium of the House of Assembly, found their hopes unexpectedly pros- trated in the dust. The physical force which they had vaunted was called into action, and proved to be utterly inefficient. The hope of recovering their previous ascendancy under a constitution similar to that suspended, almost ceased to exist. Removed from all actual share in the government of the country, they brood in silence over the memory of their fallen coun- trymen, of their burnt villages, of their ruined property, of their extinguished ascendancy,- and of their humbled nationality. To the government and the English they ascribe these' wroi Eng 8elv< then nori and rest that vine of tl to til as tl tny Cam the i yielt toler app 3di Pari. e works, and at instead of he Assembly lis lor banks, I be adopted never pujsed, registry was I he province, [lured by the provision for le A.ssenil)ly, e seigniorial till thwiirted' n its disc us- ed trntew of iposing a tax >y the policy graiion, was indicative of dustry of tho icuiarly that jured by the- 'd the policy of stopping Jrty already J apprehen- The party heck, gladly protection,, alliance be- lly different lish desired irgingotber 'he Asseni- 1 that they,. X'nch majo-- iberal mea- which was^ ommenced population ves by the lore simple nhabitants Je, and the ffect by an 1 not dwell ions which sion. It, is \y existing, lion of the ions of the increasing tedly pros- iction, and :y under a ctual share lien coun- icendancy,- ribe these' dnd Victoria, 1839.] Earl Durham's Report. It wrongs, and nourish against both an indiscriminating and eternal animosity. Nor have the English inhabitants forgotten in their triumph the terror with which they suddenly saw them' selves surrounded by an insurgent majority, and tho incidents which alone appeared to save them from the unchecked domination of the antagonists. They find themselves still a mi- nority in the midst of a hostile and organi/.ed people ; apprehensions of secret conspiracies and sanguinary designs haimt them unceasingly, and their only hope of safety is supposed to rest on systetnatically terrilying and disabling the French, and in preventing a majority of that race from ever again being predominant in any portion of the Legislature of that pro- vince. I describe in strong terms tho feelings which appear to me to animate each portion of the population; and the picture Wiiicli I draw represents a state of things so little fiiniliar to the personal experience of the people of thi.s country, that many will probably regard it as tho work of mere itnaginution ; but I feel confident timt the ace "ucy and moderation of my description will be acknowledged by all who have seen the i,tutc of society in Lower Canada during the last year. Nor do 1 exaggorute the inevitable constancy any more than ihe intensity of this animosity. Never again will the present generation of F rench Canadians yield a loyal submission to a British government; never again will the British population tolerate tho authority of a House of Assembly, in which the French shall possess or even approximate to a majority. Nor. is it simply the working of representative government which is placed out of ques' tion, by the present disposition of the two races ; every institution which requires for its efficiency a confidence in the mass of the people, or co-operation between its classes, is prac- tically in abeyance in Lower Canada. The militia, on which the main defence of the pro- vince against external enemies, and the discharge of many of the functions of internal police have hitherto depended, is completely disorganized. A muster of that force would, in some districts, be the occasion for quarrels between the races, and in the greater part of the coun- try the attempting to arm or employ it would bo merely arming the enemies of the govern- ment. The course of justice is entirely obstructed by the same cause ; a just decision in any political case is not to be relied upon ; even the judicial bench is, in the opinion of both races, divided into two hostile sections of French and English, from neither of whom is justice ex- pected by the mass of the hostile party. The partiality of grand and petty juries is a matter of certainty ; each race relies on the vote of its countrymen to save it harmless from the law, and the mode of challenging allows of such an exclusion of the hostile party, that the French offender may make sure of, and the English hope for, a favourable jury, and a consequent acquittal. This state of things, and the consequent impunity of political offences, are dis- tinctly admitted by both sides. The trial of the murderers of Chartrand has placed this disposition of the French jurors in a most glaring light; the notes of the Chief Justice in this case were transmitted by me to the Secretary of Slate ; and a perusal of them will satisfy every candid and well-ordered mind that a base and cruel assassination, committed without a single circumstance of provocation or palliation, was brought home by evidence which no man ever pretended to doubt, against the prisoners, whom the jury nevertheless acquitted. The duty of giving this dishonest verdict had been most assiduously and shamefully inculcated by the French press before the trial came on ; the jurors are said to have been kept for some time previous in the hands of zealous partisans, whose business it was not only to influence their inclination, but to stimulate their courage ; the array of the leaders of the party, who were present at the trial, was supposed to be collected for the same purpose ; and it is noto- i-ious that the acquittal was celebrated at public entertainments, to which the jurors were invited in order that they might be thanked for their verdict. But the influence of this animosity does not obstruct the course of justice in political cases alone. An example of obstruction, of ordinary criminal justice lately occurred at Que- bec. A person had been, during a previous term, indicted and tried for some offence seriously affecting bis moral character. The charge had been supported by a witness whom the jury considered perjured, and the accused had been acquitted. Having reason to believe that the witness had been instigated by a neighbour, the acquitted person indicted this neighbour for subornation of perjury, and brought the witness, who had formerly appeared against himself, to prove the falsehood of his previous evidence, and the fact of his subornation. — The proof of subornation appears to have rested, in some particulars, too much on the unsup^ orted evi- dence of this witness ; the jury differed in opinion, one portion of them believing tue guilt of the accused to be on the whole satisfactorily established, the other refusing to believe that part of the case which depended solely on the evidence of a man who came into court te ■ '1! i m .M 1.1 •"v I ■ ■ - •i''-?.l ■ f > 18 Earl l)urbam's Utrport. [4th Sess. Idth Parf. m m m ■wear to the fact of bit own pr6%'ioua perjury. This wa* a difference of opinion which might naturally divide a jury ; but as all the parties were French, and as there is nothing in the cir- cumstances which marks this as a case in which feelings of politics or origin could be supposed to operate, it will, I imaaine, op|)ear singular that the jury, being compoHed nearly equally of French and English, all the French were on one side, all the £ngliHh on the other. A.fter long discussion the jury ciune into court, and declared their inability to n^ree ; and the fore- man, on being told by the Judge that they must agree, answered, thut they were an equal number of lutable toother causes, indicates a diminution of the wealth of the country. The staple export trade of the provrnce, the timber trade, has not suffered ; but instead of export- ing grain, the province is now obliged to im|)ort for its own consumption. The influx of emigrants, once so considenvlile, has very greatly diminished. In 1832, the number of emi- grants who landed at the port of Uuebec, amounted to 52,0U0 ; in J 837, it had fallen to a few more than 22,000; and m J838i it did not amount to 6,000. Insecurity begins to be so strongly felt by the loyal inhabitants of the Seigniories, that many of them a" comjjelled, by fear or necessity, to quit their occupations, and seek refuge in the cities. If the present state of things continue, the most enterprising and wealthy capitalists of the province will thus, in a short lime, be driven from the seats of their present industry. Nor does there appear to be the slightest chance of putting an end to this animosity dur- ing the present generation. Passions inflamed daring so long a period cannot speedily be calmed. The state of education which I have previously described' as placing the peasantry; entirely at the mercy of agitators^ the total absence of any class of persons, or any organi7.ation' of autliorit}', that could counteract this mischievous influence, and the serious decline in the (iistrict of Montreal of the influence of the clergy, concur in rendering it absolutely impossible for the government to produce any belter state of feeling among the French pojiulation. It is even impossible to impress on a people so circumstanced the salutary dread of the power of Great Britain, which the presence of a large military force in the province might be expected to produce. I have been informed by witnesses so numerous and so trustwortv, that I cannot doubt the correctness of iheir statements, that the peasantry were generally ignorant of the large amount offeree which was sent into their country last year. The newspapers that cir- culate among them had informed them that Great Britain had no troops to send out; that in order to produce an impression on the minds of the country people, the same regiments were marched backwards and forwards in different directions, and represented as additional arrivals from homo. This explanation was promulgated among, the people by the agitators of each village ; and I have no doubt that the mass of the habitants really believed that the government was endeavouring to impose on them by this species of fraud. It is a population with whom authority has no means of contact or explanation. It is difficult ev?n to ascertain what amount of influence the ancient leaders of the French party continue to possess. The name of Mr. Papineau is still cherislied by the people; and the idea is current that, at the appointed time, he will return at the head of an immense army, and re-establish "La Nation Canadienne." But there is great reason to doubt whether his name be not used as d mere watchword ; whether the people are not in fact running entirely counter to his counsels and policy ; and whether they are not really under the guidance of separate petty agitators, who have no plan but that of a senseless and reckless determination to show in every way their hostility to the British government and English race. Their ultimate designs and hopes are equally unintelligible. Some vague expectation of absolute independence still seems to delude them. The national vanity, which is a remarkable ingredient in their character, induces many to flatter themselves with the idea of a Canadian republic ; the sounder information of others h^s led them to perceive that a separation from Great Britain must be followed by a juoctiom with ofth IMJOp opini than lead( ijlJisKm hliParf. vhich might g in the cir- be su[>posed y equully of Lher. /Vfter nd the fore- )ro uii equal lid they did iving a ver- ed, the ani- ) the impar- ended. No person and sd the tran- operty, and liu alarming ml proprie- ugh in some ntry. The 1 of export- he influx of her of emi- len to a (ew m to be so iil)elled, by resent state- vill thus, ia nosity dur- peedily he ! peasantry rganizationi :iine in the impossible lation. It 3 power of 3 expected It I cannot rant of the rs that cir- out; that regiments additional e agitators d that the opulation > ascertain ess. The lat, at the La Nation as a mere insels and itors, who ivay their hopes ore to delude ices many I of others a j uDctioni Slid Victoria, 1839.] Earl Durham's Report. 19 with the great confederation on their southern frontier. But they seem apparently reckleM of the conMtquonrcs, [irovided they can wreak their vengeance on the £nglish. There ia no |)eo()le against which early associations and every conceivable diflerence of manners and opinions, have implanted in the Canadian mind a more ancient and rooted national antipathy than that which they feel against the people of the United States. Their more discerning leaders feel that their chances ol' preserving their nationality would be greatly diminished by an incorporation with tU-s United States ; and recent syinjrloms of anti-Catholic feeling in New England, well known to the Canadian po[iulittion, huvo generated a very general belief that their religion, which even they do not accuse the British party of assailing, would iind little favour or respect from their neighbours. Yet none oven of those considoralions weigh against their present .ll-almorbing hatred of the English; and 1 am persuaded that they would purchase vengeance and a momentary triumph, by tno aid of any enemies, or submission to any yoke. This provisional but complete cessation of their ancient antipathy to the Amuricans is now admitted even by those who most strongly denied it during the last spring, and 'who then as- serted that an American war would as completely unite the whole population against the common enemy, as it did in 1813. My subsequent experience leaves no doubt in my mind that the views which were contained in my despatch of the 9lh of August are perfectly correct; and that an invading American army might rely on the co-operation of almost the entire French population of Lower Canada. in the despatch above referred to I also described tko state of feeling among the English population, nor can I encourage a hope that that portion oi the community is at all more in- clined to any settlement of the present (]uarrel that would leave any share of power to the hostile race. Circumstances having thrown the English into the rank^of the government, and the folly of their oponcnta having placed them, on the other hand, in a state of permanent collision with it, the former possess the advantage of having the i'orce of government and the authority of the lavvs on their side in the present stage of the contest. Their exertions dur- ing the recent troubles have contributed to maintain the supremacy of the kw and the con- tinuance of llie connection with Great Britain ^ but it would in my opinion be dangerous to rely on the continuance of such a state of feeling as now ])revails among them, in the event of u different policy being adopted by the Imperial Government Indeed the prevalent sen- timent among them is one of anything but satisfaction with the course which has been long pursued with reference to Lower Canada by the British Legislature and Executive. The calmer view which distant spectators are enabled to take of the conduct of the two parties, and the disposition which is evinced to make a fair adjustment of the contending claims, appear iniquitous and injurious in the eyes of men who think that they alone have any claim to the favour of that governnnent by which they alone have stood fast. They complain loudly and bitterly of the whole course pursued by the Imperial Government with respect to the quarrel of the two races, us having [)cen founded on an utter ignorance or disregard to the real ques- tion at issue, as having fostered the mischievous pretensions of French nationality, and as hav- ing by the vacillation and inconsistency which marked it, discouraged loyalty and fomented rebellion. Every measure of clemency or even justice towards their opponents they regard with jealousy, as indicating a disposition towards that conciliatory policy which is the subject of their angry recollection ; that they feel that being a minority, any return to the due course of constitutional government would again subject them to a French majority; and to this I am persuaded they would never peaceably submit. They do not hesitate to say that thev will not tolerate much longer the being made the sport of parties at home, and that if the mother country forget what is due to tne loyal and enterprising men of her own race, they must protect themselves. In the significant language of one of their own ablest advocates, (hey assert that, " Lower Canada must be English, at the expense, if necessary, of not being British." I have in despatches of a later date than that to which I have had occasion so frequently to refer, called the attention of the home government to the growth of this alarming state of feeling among the English population. The course of the Tate troubles, and the assistance • which the French insurgents derived from some citizens of the United States, have caused a most intense exasperation among the Canadian loyalists against the American government and people. Their papers have teemed with the most unmeasured denunciations of the good faith of the authorities, of the character and morality of the people, and of the political institutions of the United States. Yet, under this surface of hostility, it is easy to detect a strong under current of an exactly contrary feeling. As the general opinion of the American people be- come more apparent during the course of the last year,. the English of Lower Canada were- '.■■»• v;-ft '■■-■vi\ .:..i;; .'^1 -A:^ ■''•■' J' • >■< > , 'V,. .V I • •V.r ;u.> , A^S'i •'" "1*1 ■■■' '■'■^ ■'■'■'.,■•..' '-.fj so iSarl Dnrlinm*8 Report. [4th Sour. 13th Pari. aurpriHcd to find liuw Htronu, in spito uf tho firHt hurst of H)rin|ialhy, with n people nuppoMil to bo Htruggliii^ for indopcnduncu, wan thu roul synipulhv oi' their rcpublicun iicighbnurM with tho grout oliji^ctM of thu minority. Without uLundoning their attachment to their mother country, they Ixive begun, an men in ii Ntute of uticertuinty are upt to do, to calculutu tho pro- bable confiC(piencea of u Hcparution, if it should unfortunately oceur, and be followed by nn incorporation with thu United StutuH. In npitu of tho ithocK which it would occasion their feolinuM. they undoui)tedly think that they should lind hohiu compenHation in the promotion of their intcrestM; they beliuvu that thu influx of American emigration would speedily ])laco the Englinh rare in a majority ; they talk frecjucntly niui loudly oi what bus occurred in I^ouiMianu, whore, by mcana which they utterly niiHre[U'esent, the end nevertheless of securing an Knglirth predominance over a French population, \n\» undoubtedly been attaineir mother latu tho pro- lowed by nn L-cniiinn their promotion oi' ily place the II LouiMiariu, i an Kiigliith / iiKKort very it of the pru- u'W poliiicnl iro^ji'ffis, uikI t of tho peo- tlicir Htrotig oled attn'.''i- int authority (1 manner iih :)iili(Jeiit that h an Anglo- ict of races, d the formi- aturo of this 3ritioned the '»r the stnig- lieve, under A jealousy n ai e( t iid ty, and so iiy form of ;1 the cha- they could peaceful anada, ha.s ncouraging 4t and chief to the pre- of the pre- the colony 1 territory. ctual occu- jf giving no any change general au- d territory uered race )le, to assi- of its em- iriated — in pants must as well as overnment, ttled coun- of the few that com- he would he would, by which hfl hoped to colonlzn the country. The courMO which T have doacrlbed ah bent nuitrd to nn old and MCtllcd coiiiilry, would have been imiioNMililo in the Aniericaii cnntinciit, uiiIcsh the oomiuoring Ntato meant to renounce the immetfiato UNonf the iiimcttled laiidi* of the province; and III (his caHe, nucIi a ooiirite would have been tuldilioiially unadviHiible — uuIonn the Itritinh Joverniiii'iit were prcpitrcd to abandon, to the Ni;aiity p«)piilation of French whom it loiind in iowcr Caiia ilie mouth of the St. Lawrence, and all the luciliticH for trade wiiich tho entrance of thai great river commands. In tho fir»t legiilatioim adopted by tho Britidi government, for tho settlement of tho Canadan, in tlio proclatiiation of 17(i<'), and the comiiiiHsioii of the (iovernor-in-C'liief of the province of (Quebec, in the oilers by which oliicerN and Mtddiors of the liritiNli army, and Ni>t- tlerH iVoni llio otlirr North American provinces, wer liilinns of the grants, have boeomn resumnble by the Crown t and in such cose yon f au have no dllliculty in preventing (heir cultivtilion i and the expediency nf making other grants, in lieu of thoio resumed, will depend upon the parliculiir Mr< iirnstances of each individual case. ** It la also very desirable that you should, ai far as lies in your power, prevent the extension of roads in the direction of those particular Districts lieyond the limits of thnt division of the Province referred to in the plan of the Surveyor (ienerul as being generally cultivated t and if any nieuiis should present themselveN of letting those which have been already made, fall Into decay,you will best comply with tho viewsuf His Majesty's Uovernment, anil miiteriuly contribute to the fttturn security of the Province, by their adoption. " I have tho honour, kc (Sifned) ••BATIIUR8T. "Liealenul General St> J. C. SHtRBRooii, Ac." I ■ ■ • »| I I i" s « ', V.fl ■r- s Ml ■■]«'• Wil^.J •' ♦! >4] ■•■■■■, J,: \m •*;..v •;>»' 8n< ^: Kroiich ill » iiiiiiorliy, tliu govcrnmoiit ilulihcratoly conatitulcd tliu Kruncli into a tiitijoritVi mid rcciii^iii/cil uiid MlrciiMtlieiuHl thuir iliiitinct natioiiul cliumctur. Iliid tlio Hoiitidvr \mUcy ol' miikiiii( tliu proviiuiu Kll^lll«ll, in alt iu iiiHtitutiotm, l*i>un adi)|iti!d iVoiii llio tirnt, mid alcndily |iui'Muv«*ri;tl ill, tlin Knwicli would prolialilv liiivo bouii Mpuedily <)iitnutiiberi>d, niid tlio Itcnuiiciul n|)t- kilich ot origin. Not only, lio« over, did tho i litiiiiiii; Imi'iicIi iiiHtiliilioiiM, but it did not even tin ry tliiM coiisiHtLMilly into clbuit ; tor iit tlit< h:iuio tiiiii' itroviHioii wiii iiiiidu l very pro- vince wliicn wnn said to be iisti^ncd to tlio Krincli. Kvun tlio (''leiiili iiiMtilulioiis were not rxtoiided ovor tlie \sliolr ot Lower Ciiini(iii. 'I'lir liips, in which the law of Knglaiid vvas partial!) cstalilislicd, and the protlic'y of mil alvnilily 10 l)onuii(-iul lliu aniiifi- • "^fitmiln, mid •j;<', and rc- ; lor ut till' i«! v»>ry pro- IIS wcro not •If, iirid llic lIlCII Nl'ttli'd i:ulu lor till- li" province 'd, find tilt; lii'ii-nt clia- er dillerent ncli, at till' liitioim, nnd population, 111 ion to llu; undo,) liavi- •c iittrnctcd illlirded liv itioiis nnd a ilioiild Imvc lllc! liicruiii. u re II dc red iimitiity, of I llie seeds nean, even :;li Canada. 1 Ainorican I of Anglo- rcdominatu knowledge, St must lie lu midst ui' 'bo settled jstion any institutions it left little It until the great part lish popu- r, nnd had of reprc- . that peo- mosity. ibuted the it the exe- nt and the t obviated y. It has I pied in a /erlooked, vernment, iciety, ha& 2nd Viclorio, 1839.] Earl Durliam'f Report. m ahapod itn {Niliey ■<> aa to aggravate the diHorder. In Mine initancca it huii aetunlly roneeded tho minchiuvoiiH prot(>n<«ionii of nationality, in order to ovude |H>puliir cbiriiH; oa in nttcmpting til divide tho LcgiNlativu Council, and thi; patronago of govDrnmoiit, equally bet\vi>nn the twu rac(>ii, in order to avoid the demnndH tiir uti cleutivu council and u rua(>onHiblu executive : Momc- tiiiuM .4 liiiM, lor a while, pursued the opposite counc, A policy founded upon imperfect in- formation, and eonducted by continually changing hands, Iiiin exliibiled to tho colony a KyNtern of vacillation which wa*t in fact no HyNtciii at all. The alternate conceHfiionit to the contending rnee.<( have only irritated both, impaired the authority of government, and, by keeping alive the hopes of a Freticli (!aiiaiiiplete and general eonvietion of the prominent importance of that struggle, when we are ' .ing into consideriition the can .'s of those disordern which have so grievously afllicted the province. I have not, however, during the course of my preceding remarks, been able to avoid alluding to other causes, which have greatly contrilmted to occrisiou the existing state of things ; nnd I have siiecided among these tile delects of the constitution, and the errors arising out of the system of government. It is, indeed, impossible to believe that the assigned causes of the struugle between the government and the majority have had no ellect, even though wo may believe that they have had much loss than the contending parlies imagined. It is impossible to observe the great similarity of tho constitutions established in al! our North American Provinces, and the striking tendency of all to deterniiiie in pretty nearly the same result, without entertaining a belief that some defect in the form of government, and some erroneous principle of lulfrjinistration, have been common to all ; the hostility of the races being probably ins'illicient to account for all the evils \>;Jiich have alVeeted Lbwcr Canada, inasmuch as nearly the same results have been exhibited among tho iioniogenooiis population of tho other provinces, ft is too evident that Lower Canada, or tho two Canadas, have not alone exhibited repented conflicts between the execu- tive and the popular branches of the Legislature. The representative body of Upper Canada was, before the late election, hostile to the policy of tho government; the most serious discon- tents have only recx;nlly been calmed in Prince Edward's Island and New Brunswick ; the government is still, I believe, in a minority in tho lower house in Nova Scotia ; and the dis- sensions of Newfoundland are hardly less violent than those of the Canadas. It may fairly be said that the natural state of government in all these colonies is tliat of collision between the executive and the representative body. In all of them the administration of public adairs is habitually confided to those who do not co-opcrato harmoniously with the pojjular b.*anch of the legislature ; and the government is constantly projiosing measures which the majority of tho Assembly reject, and refusing its assent to bills which that body has passed. A state of things so different from the working of any successful experiment of represen- tative government appears to indicate a deviation from sound constitutional principles or practice. Though occasional collisions between the Crown and the House of Commons have occurred in this country since tho establishment of our constitution at the revolution of 1688, they have been rare ami transient. " A state of frequent and lasting collisions appears almost identical with one of convulsion and anarchy ; and its occurrence in any country is calculated to perplex us as to tho mode in which any government can be carried on therein, without an entire evasion of popular controul. But when we examine into the system of government in these colonies, it would almost seem as if the object of those by whom it was established, had been the combining of apparently popular institutions with an utter absence of all efficient controul of the people over their rulers. Representative assemblies were established on the basis of a very wide and, in some cases, almost universal suffrage ; the annual meeting of these bodies was secured by positive enactment, and their apparent attributes were locally nearly as extensive as those of the English House ol Commons. At the same time the Crown almost •• 'n 'u ■'•;'■ •'■■J.I 4' V ' entirely relied on its territorial resources, and on duties imposed by imperial Acts, prior to tho introduction of the representative system, for carryinc on the government, without secur- ing the assent of the representative body, either to its policy, or to the persons by whom that policy was to be administered. It was not until some years after the commencement of the present century, that the popu- lation of Lower Canada began to understand tho representative system which had been ex- tended to them, and that the Assembly evinced any inclination to make use of its powers. — Immediately, however, upon i',8 so doing, it found how limited those powers were, and entered upon a struggle to obtain the auihority which analogy pointed out as inherent in a represen- tative assembly. Its freedom of speech immediately brought it into collision with t''c Gover- nor; and the practical working of the Assembly commenced by its principal leaders being thrown into prison. In the course of time, however, the government was induced, by its it-jces- sities, to accept the Assembly's offer to raise an additional revenue by I'resh tuxes; and lc^e Assembly thus acquired a certain control over the levying and appropriation of a portion of the public revenue. From that time until the final abandonment in 1832, of every portion of the reserved revenue, excepting the casual and territorial funds, an unceasing contest was carried on, in which the Assembly, making use of every power which it gained for the pur- pose of gaining more, acquired, steji by step, an entire control over the whole revenue ol the country. I pass thus briefly over the events which have heretofore been considered the principal features of the Can, dian controversy, because, as the contesi, has ended in the concession of the financial demands of the Assembly, and the admission by the Government of the impro- priety of attempting to withhold any portion of the public revenues from its control, that con- test can now be regarded as of no importance, except as accounting for the exasjieration and suspicion which survived it. Nor am I inclined to think that the disputes which subsequently occurred are to be attributed entirely to the operation of mere angry feelings. A substantial cause of contest yet remained. The Assembly, after it had obtainod entire control over the public revenues, still found itself deprived of all voice in the choica or even designation of the persons in whose administration of affairs it could feel confidence. All the administrative power of Government remained entirely free from its influence ; and though INIr. Papineau appears by his own conduct to have deprived himself of that influence in the government which he might have acquired, I must attribute the refusal of a civil list to the determination of the Assembly not to give up its only means of subjecting the functiouaries of government to any resjionsibility. The powers for which the Assembly contended appear, in both instances, to be such as it was perfectly justified in demanding. It is difficult to conceive what could have been their theory or government who imagined, thai I;; -iny colony of England a body invested with the name and character of a representative assembly could be deprived of any of those powers which, in the opinion of Englishmen, are inherent in a popular legislature. It was a vain de- lusion to imagine that by mere limitations in the constitutional Act, or an exclusive system of government, a body, strong in the consciousness of wielding the public opinion of the majority, could regard certain portions of the provincial revenues as sacred I'rom its control, could con- fine itself to the mere business of making laws, and look on as a passive or indifferent spectator, while those laws were carried into effect or invaded, and the whole business of the country was conducted by men, in whose intentions or capacity it had not the slightest confidence. — Yet such was the limitation placed on the authority of the Assentbly of Lower Canada ; it might refuse or pass laws, vote or withhold supplies, but it could exercise no influence on the nomination of a single servant of the Crown. The Executive council, the law officers, and whatever heads of departments are known to the administrative system of the province, were placed in power, without any regard to the wishes of the people or their representatives ; nor indeed are there wanting instances in which a mere hostility to the majority of the Assembly elevated the most incompetent persons to posts of honour and trust. However decidedly the Assembly might condemn the policy of the government, the persons who had advised that policy, retained their officer and their power of giving bad advice. If a law was passed after repeated conflicts, it had to be carried into effect by those who had most strenuously opposed it. The wisdom of adopting the true principle of representative government, and facilitating the management of public affairs, by entrusting it to the persons who have the confidence of the representative body, has never been recognised in the government of the North American Colonies. All the oflScers of government were independent of the Assembly ; and that body, which had nothing to say to their appointment, was left to get on as it beat might, with a aet j14bs^ 3th Pari. /Vets, prior to ithout secur- y whom that bat the popu- iiad l)een ex- its powers. — , uiui entered I ii represen- \i t''c Gover- eailcrs being by itsHices- xes; and t^e ' a portion of ly portion of ; contest was for the pur- venue ol the the principal ;oncession of )f the impro- rol, that con- I)eration and subsequently \ substantial trol over the nation of the ministrative r. Papineau government termination vcrnment to 3 be such as c been their ;ed with the lose powers s a vain de- e system of he majority, , could con- It spectator, the country jnfidence.— Canada ; it ence on the ifficers, and viiice, were tatives ; nor e Assembly cidedly the dvised that lassed after ly opposed facilitating nfidence of 1 American that body, with a set ^nd Victoria, 1839.] Earl Durham's Report. 95 m ■of public f'inctionaries, whose paramount feeling may not unfairly bo said to have been one of hostility to itself. A body of holders of office thus constituted, without reference to the people or their re- presentatives, must in fact, from the very nature of colonial (Jovernment, acquire the entire direction of tlie atl'uirs of the province. A governor, arrivinu; in a colony in which he almost invariably has had no previous acciuainlance with the state of parties, or the character of indi- viduals, is compelled to throw himself almost entirely upon those whom he finds placcil in the j)Ositi-)n of his official advisers. His first acts must necessarily be ])erformcd, and his first, ap- pointments made, at their suggestion. And as tlieso first acts and appointments give a char- acter to his policy, he is generally brought th'jreby into immediate collision with the otluM- parties in the country, and thrown into more complete dcpcndciicc u].on the oflicial party rind its friends. Thus, a Governor of Lower Canada has almost ahvays been brought into collision with the Assembly, which his advisers regard as their nneniy. In the course of the contest; in which he was thus involved, the provocations vvhicli ho received from the Assembly, and the light in which their conduct was represented by th'jso who alone had any access to him, naturally imbued him with many of their antipathies; his position com^)e!lo(l him to seek, the support of some party against the Assembly ; and his feelings and his necessities thus combined to induce him to bestow his patronage and to shape his measures to promote the interests of the party on which he was obliged to lean. Thus, every successive year consolidated and eti'arged the strength of the ruling party. Fortified by family connection, ami the common inter- est Velt by all who held, and all who desired, subordinate oflicos, that party was thus erected intct a solid and permanent power, controlled liy no resp jnsibility, subject to no serious change, exercising over the whole government of the province an authority utterly independent of tlie people and its representatives, and possessing the only means of influcnciiig either the govern- ment at home, or the colonial representative of the Crown. This entire separation of the legislative and executive powers of a state, is the iiatural ■error of governments desirous of being free from the check of representative institutions. — Since the revolution of 1G8S, the stability of the English constitution has been secured by that wise principle of our government which has vested the direction of the national policy, and the distribution of patronage, m the leaders of ihe parliamentary majority. However partial the monarch might be to [)articular ministers, or however he might have personally committed himself to their policy, he has invariably been constrained to abandon both, as soon as the opinion of the people has been irrevocably pronounced against them through the medium of the House of Commons. The practice of carrying on a representative. government on a dif- ferent principle seems to be the rock on which continental imitations of the British constitution have invariably split ; and the French revolution of 1830 was the necessary result of an at- tempt to uphold a ministry with which no parliament could be got to act in concert. It ^ difficult to understand how any English statesmen could have imagined that represen'ative and irresponsible government could be successfully combined. There seems, indeed, t > be an idea that the character of representative institutions ought to be thus modified in color.ies; that it is an incident, of colonial dependence, that the officers of government should be nomi- nated by jhe Crown, without any reference to the wisl s of the community, whose interests are entrusted to their keeping. It has never been very clearly explained what are the impe- rial interests, which require this complete nullification of representative government. But, if there be such a necessit}-, it is quite clear that a representative government in a colony must be a mock'jry, and a source of confusion. For those who support this sytem have never yet been able to devise, or to exhibit in the practical working of colonial government, any means for making so complete an abrogation of political influence palatable to the representative body. It is not dilflcult to apply the case to our own country. Let it be imagined that at a general election the opposition were to return 500 out of 658 members of the House of Commons, and that the whol-? policy of the ministry. should be condemned, and every bill introduced by i" rejected by this immense majority. Let it be supposed that the crown should consider it a point of honour and duty to retain a ministry so condemned and so thwarted, that repeated dissolutions should in no way increase, but should even diminish, the ministerial minority-; and that the only result which could be obtained by such a development of the force of the opposi- tion, were not the slightest chance in the policy of the ministry, not the removal of a single minister, but sirapl.v the election of a speaker of the politics of the majority ; and, I think, it will not be difficult to imagine the fate of such a system of government. Yet such was the system, such literally was the course of events in Lower Canada, and such ni character, '■JX •■.'.». ■ 'A ■ ■■':■''■(-• I " ■ '^ '.. r * '^"l. ■ ■ ."m ■m m Earl Durham's Report. [4th Sess. 13th Pari. pyr '>!!^ M vm though not quite in degree, was the spectacle exhibited in Upper Canada, and, at one tinne or another, in every one of" the North American colonies. To suppose that such u system would work well there, implies a belief that the French Canadians have enjoyed representative insti- tutions (or half a century, without acquiring any ol' the characteristics ol a tree people ; that Enghshmcii renounce every poliiictl opinion and feeling when they enter a colony, or that tne spirit of Anglo-Saxon i'reedoin is utterly changed and weakened among those who are transplanted across the Atlantic. It appears, therefore, that the opposition of the Assembly to the government was the unavoidable result of a system which stinted the poj)ular branch of the legislature of the liccessary privileges of a represculative body, nnd produced thereby a long series of attempts on the part of that body to ac(piirc control over the administration of the j)rovince. 1 say all this without reference to the ultimate aim of the Assembly, which 1 have before described as being the maintenance of u Canadian nationality, against the progressive intrusion of the English lace. Having no responsible ministers to deal with, it entered upon that system of long inquiries by means of its committees, which brought the whole action of the executive immediately under its purview, and transgressed our notions of the proper limits of parlia- mentary interference. Having no inliuence in the choice of any public functionary, no power to procure the removal of such as were obnoxious to it merely on political grounds, and see- ing almojst every ofllce of the colony iilled by persons in whom it had no conficlcuce, it entered on that vicious course of assailing its prominent opponents individually, and disqualifying them tor the public service, by making them the subjects jf inquiries and consequent inq)cachment8, not always conducted with even the appearance of a due regard to justice; and when no- tliing else could attain its end of altering the policy or the composition of the colonial govern- ment, it had recourse to that vUima ratio of representative power to which the more prudent forbearance of the crown has never driven the House of Commons in England, and endea- voured to disable the whole machine ol government by a general refusal of the supplies. It was an unhappy consequence of the system which I have been describing, that it relieved the popula'* leaders of all the responsibilities of opposition. A member of opposition in this country acts and speaks with the contingency of becoming a minister constantly before his eyes, and he feels, therefore, the necessity of pro[)osing no course, and of asserting no princi- ples, on which h6 would not be prepared to conduct the government, if he were imnaediately o'lered it. But the colonial demagogue bids high for popularity, without the fear of future exposure. Hopelessly excluded from power, he expresses the wildest opinions, and appeals to the most mischievous passions of the people, without any apprehension of having his sin- cerity or prudence hereafter tested, by being placed in a position to carry his views into effect ; and thus the prominent places in the ranks of opposition are occupied for the most part by men of strong passions, and merely declamatory powers, who think but little of reforming the abuses which serve them as topics for exciting discontent. The collision with the executive government necessarily brought on one with the Legis- lative Council. The composition of this body, which has been so much the sulyect of dis- r-ussion, both here and in the colony, must certainly be admitted to have been such as could give it no weight with the people, or with the representative body, on which it was meant to be a check. The ma-jority was always composed of members of the party which conducted the executive government ; the clerks of each council were members of the other ; and in. fact, the Legislative Council was practically hardly anything but a veto in the hands of public functionaries on all the acts of that popular branch of the legislature, in which they were always in a minority. This veto they used without much scruple. I am far from concurring in the censure which the Assembly and its advocates have attempted to cast on the acts of the Legislative CounciL I have no hesitation in saying that many of the bills which it is most se- verely blamed for rejecting, were oills which it could not have passed without a dereliction of its duty to the constitution, the connection with Great Britain, and the whole English population of the colony. If there is any censure to be passed on its general conduct, it is for having con- lined itself to the merely negative and defensive duties of a legislative body ; for having too frequently contented itself with merely defeating objectionable methods of obtaining desirable ends, without completing its duty by proposing measures, which would have achieved the good in view without the mixture of evil. The national animosities which pervaded' the legislation of the Assembly, and its thorough want of legislative skill or respect for constitutional prin- ciples, rendered almost all its bills obnoxious to the obj";ction8 made bv the Legislative Coun- cil ; and the serious evil which their enactment would have occasioned, cojivinces me that the colouv has reason ta congratulate itself oa the existence of an institutioii which, poaeessed anJ used ever not t it mi Lcgi with Let ])ur| of Kn^ [jiiiafjg wmmm 3th Pari. L one time or ^'stem would iiitative insli- [)eo{)le ; that lony, or that oae who are ent was the aturo of the s of attemj)ts ince. 1 say re dcscrihed usion of the lat system of lie executive its of parlia- r}', no power ids, and sce- 0, it entered difying them pcachments, id when no- iiiial govern- lore prudent and endea- upplies. at it relieved sition in this y before his g no princi- rnnaediately ar of future and appeals ^'ing his sin- i into effect ; lart hy men orming the 1 the Legis- iject of dis- ch as could IS meant to conducted er ; and in. Js of public they were concurring the acts of is most se- iction of its )pulation of laving con- havinof too g desirable d the good legislation ;ional prin- ,tive Coun- ne thftt the eessed ao^ 2nd Victoria, 1839.] Earl Durham^s Report. 97 used the power of stopping a course of legislation that, if successful, would have sacrificed every Brltiiih interest, and overthrown every guarantee of order and national liberty. It is not diflicult for us to judge thus calmly of the respective merits of these distant jiarties; but it must have been a great and deep-rooted respect for the constitution and comjiosition of the Legislative Council, that could have induced the representatives of a great majority to submit wiili patience to the impediment thus placed In their way by a few individuals. But the Legislative Council was neither theoretically unobjectionable, nor personally esteemed by the Assembly , its opposition appeared to that body but another form of official hostility, and it was inevitable that the Assembly should, sooner or later, make those assaults on the constitu- tion of the Legislative Council which, by the singular want of judgment and temper with which they were conducted, ended in the destruction of the provincial constitution. P'rom the commencement, therefore, to the end of the dis{)ute9 which mark the whole ])arliamentary history of Lower Canada, I look on the conduct of the Assembly as a constant warfare with the executive, tor the purpose of obtaining the powers inherent in a represen- tative body by the verj- nature of representative government. It was to accomplish this ])iirpose, that it used every means in its power; but it must be censured for having, in pursuit of this object, perverted its powers of legislation, and disturbed the whole working of the constitution. It made the business of legislation, and the practical improvement of the coun- try, subordinate to its struggle for power ; and being denied its legitimate privileges, it endea- voured to extend its authority in modes totally incompatible with the principles of constitu- tional liberty. One glaring attempt, which was made directly and openly, to subvert the constitution of the country, was, by passing a bill for the formal repeal of those parts of the 31st Geo. IlL cliap. 31. commonly called the Constitutional Act, by which the constitution and powers of the Legislative Council were established. It can hardly be supposed that the framers of this bill were unaware, or hoped to make any concealment of the obvious illegality of a measure which, commencing, as all Canadian Acts do, by a recital of the 31st Geo. III. as the founda- tion of the legislative authority of the Assembly, proceeded immediately to infringe some ol' the most important provisions of that very Statute ; nor can it be supposed that the Assembly hoped really to carry into effect this extraordinary assumption of power, inasmuch as the bill could derive no legal effect from passing the Lower House, unless it should subsequently receive the assent of the very body which it purported to annihilate. A more dangerous, because, in some measure, more effectual device for assuminrr unconstitutional powers, was practised by the Assembly in its attempts to evade the neces- sity of obtaining the assent of the other branches of the Legislature, by claiming for its own resolutions, and that, too, on points of the greatest importance, the force of laws. A remark- able instance of this*was exhibited in the resolution which the Assembly passed on the rejection of a bill for vacating the seats of Members, on the acceptance of offices under the Crown ; and which, in fact, and undisguisedly, purported, by its own single authority, to give effect to the provisions of the rejected bill. This resolution brought the Assembly into a long dispute with Lord Aylmer, in consequence jf his refusing to issue a writ for the election of a member, in place of Mr. Mondelet, whose seat was declared vacant, in consequence of his having accep- ted the office of Executive Councillor. The instance in which the Assembly thus attempted to enforce this principle of disqualification, happened to be one to which it could not be con- sidered applicable, either from analogy to the law of England, or from the apparent intent of the resolution itself ; for the office which Mr. Mondelet accepted, though one of hioh im- portance and influence, was one to which no salary or emolument of any kind was attached. But the evils resulting from such open attempts to dispense with the constitution were small, in comparison with the disturbance of the regular course of legislation, l)y systematic abuse of constitutional forms, for the purpose of depriving the other branches of the legislature of all real legislative authority. The custom of passing the most important laws in a tempo- rary form, has been an ancient and extensive defect of the legislation of the North American Colonies, partially authorised by royal instructions to the Governors, but never sanctioned bv the Imperial Legislature, until it was established in Lower Co.nada by the 1st Vict. chap. 9. It remaired, however, for the Assembly of Lower Canada to reduce the practice to a regular pystem, in order that it might have the most important institutions of the province periodically tit its mercy, and use the necessities of the government, and the community, for the purpose of extorting the concession of whatever demands it might choose to make. Objectionable in itself, on account of the uncertainty and continual changes which it tended to introduce into legislation, this system of temporary laws derived its worst character from the facilities which "If. • 1 *. K; ■■■ ' ■■■4' ■^\Jh .?>! ■V,/^.>,;., '■::■■::■(.■■■. •..■ . I.. ^m ■ . x\ • ''■ :. -'n '■■ :■^•^Kf ':r'\ ^.1 . ■■■:";-■ km . S,'.s 28 Earl Durham's Report. [4th Sess. 13th Pari it aftbrdeJ to the practice of " tacking" together various legislative measures ; a practice nnt unknown to the British Constitution, and wliich had sometimes been found ut>efu1, because the prudence of the House of Commons has induced that body rarely to have recourse to it — but which the Legislators of Lower Canada converted into the ordinary mode of legislation. By the abuse of this practice, any branch of the Legislature had during every session the power, if it had the inclination, to make the renewal of expiring laws the means of dictating its own terms to the others: and to this end it was systematical ly converted by the Assembly. It adopted the custom of rcjiewing sill expiring laws, however heterogeneous in their clinracler, in one and the same bill. Having the first choice to exercise, it renewed, of course, only those Acts of which it approved, and left to the Lcgi-ilativc Council, and the Governors, only the alternative of rejecting such as had proved to be beneficial, or of passing such ns in their o])inion had ])roved to l)e mischievous. A singular instance of this occurred in 183G, with respect to the renewal of the Jury law, to which the Assembly attached great importance, and to which the Legislative Council felt a strong repugnance — on account of its having, in ellect, j)laced the .Juries entirely in the hands of the French portion of the population. In order to secure the renewal bf this law, the Assembly coupled it in the same bill, by which it renewed the tolls of the Lachine Canal, calculating on the Council not venturing to defeat a measure of so much importance to the revenue an the latter, by resisting the former. The Council, however, rejec- ted the bill ; and thus the canal remained toll free for a whole season, because the two Houses differed about a Jury law. Nor was this custom of " tacking" confined to the case of the renewal of expiring laws. A bill for the independence of the Judges was coupled with the establishment of a new tribu- nal for trying impeachments, and, with other provisions, to which it was known that the Crown was decidedly hostile ; and thus, in the attempt to extort an objectionable concession, a most desirable guarantee for the pure administration of justice, was sacrificed. The system thus framed, was completed by the regulations with respect to a (juorum, and the use which the majority made of them. A quorum of nearly half the whole House was required for the transaction of business. Towards the end of every recent session, the majority used to break up the quorum, and disperse to their respective homes, without wait- ing to be prorogued, immediately after sending up a number of bills to the Council : thus lead- ing no means of considering or adopting any amendments which that body might make, ana leaving it no option but that of rejecting or confirming, by wholesale, the measures of the Assembly. But in describing the means by which the Assembly obtained and attempted to consoli- date its power, I must not omit to direct particular attention to that which, after all, was the most effectual — and which originated in a defect common to the system of government in all the North American Colonies; it is the practice of making Parliamentary grants for local works — a system so vicious, and so productive of evil, that I believe that until it is entirely eradicated, representative government will be incapable of v.orking well and smoothly in those colonies. I know, indeed, of no difference in the machinery of government in the old and new world, that strikes an European more forcibly, than the apparently undue importance which the business of constructing public works appears to occupy in American legislation. In speaking of the character of a government, its merit appears to be estimated by the public v/orks which it has carried into effect. If any individual is asked how his own legislature has acted, he will generally say what roads or bridges it has made, or neglected to make, in his own district; and if he is consulted about changes in a constitution, he seems to try their soundness by calculating whether his neighbourhood would get more and better roads and bridges under the existing or the proposed system. On examining the proceedings of a legis- lature, we find that a great proportion of its discussions turn on such questions ; and if we look to the budget, we find that a still greater proportion of the public money is applied to these ])urposes. Those who reflect on the circumstances of the new world, will not find it very difficult to account for the attention there paid to what is necessarily the first business of societj', and is naturally the first care of every responsible government. The provision which, in Europe, the state makes for the protection of its citizens against foreign enemies, is in America required lor what a French writer has beautifully and accurately called, the "war with the wilderness." The defence of an important fortress, or the maintenance of a suflficient array or navy in exposed spots, is not more a matter of common concern to the European, than is the construction of the greater communications to the American settler; and the state, very naturally, takes on itself the making of the works, which are matters of concern to all alike. iirel loca und soul of inte: But govt infli 'T^l 3th ParK ^nd Victoria, iai9.] £arl burliam's Itepoii. t>D a practice n«t il, because the use to it— but gislotion. By on the power, tatifig its own Assembly. It r chnraclcr, in nly I hose Acts lie filternntivo r o])inion had respect to the to which the t, placed the to secure the cd the tolls of ■e of so much ■vvever, rejec- C! two Houses xpiring laws, a new tribu- at the Crown ission, a most to a quorum, fvhole House t session, the kithout wait- 1 : thus lea^- it make, aim isures of the d to consoli- all, was the nment in all rits for local it is entirely ihly in those Id and new ;ance which slation. In y the public fislature has nake, in his to try their ' roads and fs of a legis- ; and if we applied to not find it business of sion which, smies, is in 1, the " war a sufficient European, d the state, icern to aU Evea the municipal institutions of the northern states of the American Union have not en- ■tirelv superseded the necessity of some interference on the part of their legislatures in aid of* local improvements; thoush the main efforts of those states have been directed to those vast undertakings which are the common concern and common glory of their citizens. In the southern states, where municipal institutions are less complete, the legislatures are in the habit of taking part more constantly and extensively in works which are properly of mere local interest; and great complaints are made of conseqtrent corruption and mismanagement. But in the British colonies, in none of which is there any effectual system of municipal government, the evil has been carried to the greatest height, and exercises the most noxious influence. The great business of the Assemblies is, literally, parish business : the making parish roads and parish bridges. There are in none of these provinces any local bodies pos- sessing authority to impose local assessments, for the Tnanagement of local afliiirs. To do these things is the business of the Assembly ; and to induce the AMcfmbty to attend to the particular interests of each county, is the e^ecial business of its county ftiember. The surplus revenue of the province is swelled to as large an amount as possible, by ctitting down the payment of public services to as low a scale as possible ; and the real dtitres of Government are, some- times, insufficiently provided for, in order that more may be left to be divided among the constituent bodies. " When we want a bridge, we take a judge to build it," was the quaint and forcible way in which a member of a provincial legislature described the tendency to retrench, in the most necessary departments of the public service, in order to satisfy the de- mands for local works. This fund is voted by the Assembly on the motion of its members ; the necessity of obtaimng the previous consent of the Crown to money votes never having been adopted by the Colonial Legislature from the practice of the British House of Commons. There is a perfect scramfble among the whole body to get as much as possible of this fund for their respective constituents ; cabals are formed, by which the different members mutually play into each other's hands ; general politics are made to bear on private business, and private business on general politics ; and at the close of the parliament, the member who has suc- ceeded in securing th6 largest portion of the prize for his constituents, renders an easy account of his stewardship, with confident assurance of re-election. The provincial assembhss being, as Ihive previously stated, in a state of permanent col- lision with the government, have never bieen in the habit of entrusting the executive with any control over these funds; and they have been wholly dispensed by commissioners named by the legislature. The assemblies do not appear to haVe been at all insensible to the possibility of turning this patronage tr lieir own account. An electioneering handbill, which was circu- lated by the friends of government at the last dissolution in Upper Canada, exhibited, in a very strong light, the expense of the commissioners *of the assembly, contrasted with those of the officers of the executive government ; but the prbvince of Nova Scotia has carried this abuse to an extent which appears almost inconceivable. According to a report presented to me by Major Head, an assistant commissioner of inquiry whom I sent to that colony, a sum of ilO.OOO was, durinsr the last session, appropriated to local improvements ; this sum was divi- ded into 830 portions, and as many commissioners were appointed to expend it, giving, on an average, a commissioner for rather more than every X12, with a salary of 5s. a day, and a further remuneration of two and a half per cent, on the money expended, to be deducted out of each share. Not only did the leaders of the Lbwer Canadian Assembly avail thetttselves of the patronage thus afforded by the large surplus revenue of the province, but they turned this system to much greater account, by using it to obtain influence over the constituencies. In a furious strug- gle like that which subsisted in Lower Canada, it was natural that a body wielding, with hardly any responsibility, this direct power of promoting the immediate interests of each con- stituency, should show some favour to that which concurred in its political views, and should exhibit its displeasure, towards that which obstinately resisted the inajority. But the majority of the assembly of Lower Canada is accused by its opponents of having, in the most systema- tic and persevering manner, employed this means of corrupting the electoral bodies. The adherents of Mr. Papineau are said to have been lavish in their promises of the benefits which they could obtain from the assembly for the county whose suffrages they solicitecf. By such representations the return of members of opposition politics is asserted in many instances to have been secured ; and obstinate counties are alleged to have been sometimes starved into submission, by an entire withdrawal of grants, until they relumed members favourable to the majority. Some of the English members who voted with Mr. Papineau excused themselves ■.m i ■ ■■•'■>"*f mi ■ i -.*:! . 1 • ''■',>§ ■ »* ••1,' 30 Earl Durham's Report. [4th Sets. t3th ParL 9n to their countrvmen, by alleging that they were compelled to do lo, ia order to aet • road or a bridge, which their conatituentt desired. Whether it be true or fai|i« that, toe abuse was ever carried to such a pitch, it is obviously one which mi{|bt have been easily apdsafely per- petrated by a person possessing Mr. Papineau's influence in tb« Assembly. But the most bold and extensive attempt fo^ erec^ting a syttc\m of patronago, nyholly in- dependent of the governmput, was that whiiph was, for som^ time, earned into eSect by the ? rants for education made by the A98embl}', and reg^lajLed Igt the act, whi^h the Legislative louncil has been most bitterly reproa9hed with refu^ng to renew, It hi^s been stated, as a proof of the deliberate intention of the legislative councilto crusjh every attempt to civilize and elevate the great mass of the people, that it thus.stopped at opce the working of about 1,000 schools, and deprived of education no less than 4Q,P0M scholars vyha were actually.profitinff by the nieins of instruction thus placed within their reach. But th? reasQQs which inducea, or rather compelled, the Legislative Council to stop thfis systeu. are clearly stated, in the report of that body, which contains thp most unanswerable justification oi, the course which it pursued. By that it appears, that the whole superintendence aijid patronage of thei^ schools had, by the expired law, been vested in the hand^ of the county members; and that they had been allowed tb manage the funds without even the semblance of suiEcient accountability. The members of the Assembly had thus a patronage,, in this single department, of abou(,jC2.5,000 per annum, an amount equal to half of the vtrhole ordinary civil expenditure of the. province. They were not slow in profiting by the occasion thus placed in their hands ; and as there existed in the province no. sufficient supply of competent schpoLmasters and.ny.stresses» they nevertheless immediately filled up the apppintments with .persons who weret uj^tsrly and obviously incompe- tent. A great proportion of the teachers could neither read nor write- Tjhe gentleman whom I directed to enquire into the state of education in the province showed me a petition from certain schoolmasters, which had come into his hands, ana the m^gyority of the signatures were those of marksmen. These ikuorant teachers .(jfouUl, conypy. no useful instruction to their pupils ; the utmost amount which they taugiit thi^m was to say the Catechism by rote. Even within seven miles of Montreal there was a schoolmistress thus unqualified. These appoint- (nents were, as might have been expected,jobbed by the members among their political partizans ; nor were the funds very honestly managed. In many cases the members were suspected or accused of misapplying them to their «wn use; and in th^ case of Beauharnois, where the seigneur, Mr. Ellice, has^ in the same spirit of judicious liberality, by which his whole man- agement of that extensive property has been marked, contributed mpst largely towards the education of his tenants, the school funda were proved to have been misappropriated by the county member. The whohe system was a gross political abuse ; and however laudable we must hold the exertions of those who really laboured to relieve th-^ir country from the reproach of being the least furnished with the means of education of any on the North American con- tinent, the more severely must we condemn those who sacrificed this nobje end, and perver- ted ample means to serve the purposes of party. I know not whether to ascribe the system which was adopted for the relief of the dis- tress periodically occurring in certain districts, to the same policy of extending the influence of the Assembly by ^ocal grants, or merely to the antiquated prejudices whicli seem to have pervaded many parts of the Assembly's legislation, which dictated laws against hucksters and the maintenance of foundling hospijtals.. No general system-for the relief of destitution, no poor-law of any kind was established, and the wants of the country ha2;dly demanded it— But when I arrived at Quebec, I received,a number of petitions from parishes situated on the lower part of loe St. Lawrence, praying fpr_ relief, in consequence of the failure of the har- vest. I found, on inquiry, that relief had been granted to these districts for several succes- sive years. The cause of the calamity was obvious^; it was the unsuitableness of wheat crops under the wretched system of Canadian small farming, to the severe climate of that portion of the province. By the side of the distressed parishes, were large districts, in which a better system of farming, and above all, the employment of the land for pasture and green crops, had diffused the most general comfort among the agricultural, population, and completely obviated the occurrence of failure or distress. There were, in th^ vicinity of the distressed parishes, large tracts of rich and unsettled land, available- fOr the permanent amelioration of the condition of this suffering people ; and there were valuable and' extensive fisheries, io the neighbourhood, which might have supported it in comfort; yet no persevering. attempt had been made to provide permanent relief by encouraging the population whichjwas thus thrown on the legislature for support, either to adopt a better system of°agricultu profitinB by in induced, or in the report ch it pursued. Is had, by the been allowed rhe members per annum, They were 9xisted in the ' nevertheless isly inccmpe- tleman whom petition from natures were tioa to their r rote. Even lese appoint- calpartizans; suspected or is, where the whole man- towards the iated by the laudable we the reproach lerican con- and perver- sf of the dis- le influence sem to have icksters and stitution, no landed it — ated on the of the har- sral succes- vheal crops hat portion ch a better reen crops, completely > distressed lioratioD of sries-in the ttempt had lus thrown to settle on et the «vil 9nd Vi^oria, 1830.] EsKh llurhanili Report. at bf raKeving^tbe diitress in saoh a way as to stave off its immediate results, and ensure its reouc* renca. It gave food for theaeason of scarcitv, and seed to sow a crop even of wheat as late •f the 20th, of Jane, which was, of course, to fail in its turn ; for it hacl thus relieved the same kind of distress, in precisely the same places, for several successive years ; and its policy seemed to be to.pen8iQn<» portion of the people lo sow wheat where it would not ripen. U is melancholy to. think of the opportunities of good legislation which were sacrificed in> this mere contest for power. No country in the world ever demanded from a paternal govern- ment, or patriotip representatives, more unceasing and vigorous reforms, both of its laws and. Us administrative system. Lower Canada had, when we received it at the conquest, two insti- tMtions, which, alone preserved the semblance of order and civilization in the community^the- catholic chvrch and the militia, which was so constituted and used! as partially to supply the wapt of better civil institutions. The beneficial influence of the catholic church has been cramped and weakened ; the militia is now annihilated, and years must elapse ere it can be cpvived and used to any good purpose. Lower Canadc remains without municipal institutions of local self-government, whicn are the foundation^ of Anglo-Saxon freedom and civilization: nor is their absence compensated. by any thing like the centralization of France. The most defective judicial institutions remain unreformed. Alone, among the nations that have sprung, from the French, Lower Canada remains under iHq unchanged civil laws of ancient France.. Alone, ampng the nations of the Ainerican Continent, .it is without a public system of educa- tion. Nor has it, in other resjiects, caught the spirit of American progress. While the Assem- bly was wasting the surplus revenues of the provinae in jobs ior the increase of patronage, . and in petty peddling in parochial business, it left untouched those vast and easy means of. communication which deserved, and would have repaid the application of the provincial reve- nvies. The state of New. York made its .own St. Lawrence fi'om Lake Erie to the Hudson, . while the government of Lower Canada could not achieve, or even attempt, the few miles of ° canal and dredging which would have rendered its mighty rivers navigable almost to their sources. The time which. should have been devoted to wise legislation, was spent in a con- test for power between the executive nnd the people, which a wise executive would have' stopped at the outset,, by submitting, to a legitimate responsibility, and which a wise people- would have ceased, to press when it had. virtually attained its end. This collision, and the< defective constitution were, in conjunctioa with the quarrel of the races, the causes of the< tnischiefs which .1 have detailed. It will be a ground, I trusty of permanent congratulation, that the contest terminated in destruction of the impracticable constitution which caused the strife ;.- nor can I conceive any course of conduct which could so eflectually have destroyed the pre- vious system of mismanagement, and cleared the ground for future improvement, as that con- tinued stoppage of supplies which the Assembly, .in its intemperance eflected. It broke down at once the whole of that vicious appropriation of public funds, which was the great bane of ' provincial legislation, and has left the abuses of < the colony so long unfed, that a reforming, government may hereafter work upon an unencumbered soil. T)ie inevitable result of the. animo^ties of race, and .of the constant collision of the dif-- ferent powers of the state, which I have described, was a thorough disorganization of the in- stitutions apd. administrative system of the country. . I. do not think that I necessarily cast any s.tigma.on m^ predecessors in Lower. Canada, or on. the uniform good intentions which tm- Itnperial government has clearly evinced . towards every class and every race in the colony, when I assert that a. country whiph.hasi been agitated by these social and 'political dissensions, has suflered under great misgpvernment. The blame rests not on indiviquals, but on the vi- cious system,, which, has generated the manifold and deep-rooted abuses that pe "de every department of the public service, .and constitute the real grievances of the color./. These grievances are common to the whole people of Lower Canada ; audit is not one race, or one party only, that suffers by their existence ; .they have hindered the prosperity, and endangered the security of all; .though, unquestionably, the interests which have most materially been, retarded ,by misgovernraent, are the English. From the higheLit to the lowest officers of thte • executive government, no ipipprtant department is so orgaqized^ as to act vigorously and cotpr • pletely, throughout the proymce; and'evexy duty which a. government owes to its sul^^cts i».. im|){erfeptly dijscharged. . The defective «yetem of administration in Lower X^anada, commences at the very source of power; and the efficiency of the public service is impaired throughout, by the. entire want. Ml the<;olony, of any vigorous adminiotration of the ■ prerogative of the crown* The fact is, that accocdrng .to ihie-present systsmn there ia no real representative of the crown in the pro- vinoe*:.- there is.in*il^Iil«raUjr»Ju){x}liireF;V«bich!.oEig}nates and conducta tbft.executive govern^ If,' M • ■^' '■';■ . »/. • ' •• ■• t. ;^V"i. .:'''^:4 ■' .'I ■..■■X: r ' I ■..•■l.-i»S»:i •'. '••'i:l 32 Earl Durham's Report. [4th Sess. 13th Pari I ment The governor, it U true, ii raid to represent the sovereign — and the authority of the crovm is, to a certain extent delegated to hirn ; but he is, in fact, a mere subordinate oflicer^- receiving his orders from the Secretary of State — responsible to him for his conduct^and guided by bis instructions. Instead oi selecting a governor, with an entire confidence in his ability to use his local knowledge of the real state of ail'airs in the colony, in the manner which local observation and practical exnerience best prescribe to him, it has been the policy of the colonial department, not onW at the outset to instruct a govert or as to the general po- licy which he was to carry into enect, but to direct him, from time to time, by instructions, sometimes very precise, as to the course which he Was to pursue, in evtiry important particular of his administration. Theoretical'^ irresponsible to the colonial legislature, the govornor was, in eifect, the only officer in the colony who was at all responsible : inasmuch as the Assembly, by centering their attacks on him, and making him appear the sole causi? of the difficulties oi the government, could occasion him so much vexation, and represent him m so unfavourable a light at home, that it frequently succeeded in imposing on him the necessity of resigning, or on the colonial minister, that of recalling him. In order to shelter himself from this responsibility, it has inevitably,- and I must soy very justifiably, been thd policy ol governors, to take care that the double responsibility shall be as licht as possible — to endea- vour to throw it, 08 much as possible, on the home government, and to do as little as possible without previously consulting the coloniol minister ot home, and receiving his instructions. It has, therefore, been the tendency of the locol government to settle every thing by reference to the colonial deportment, in Downing-*treet. Almost every question on which it was possi- ble to avoid, even with great inconvenience, on immediate decision, has been habitually the subject of reference ; ond this applies, not merely to those questions on which the local exe- cutive and legislative bodies happened to differ — wherein the reference might bo taken as a kind of appeal — but to questions of a strictly local nature, on which it was next to impossible for the colonial office to have any sufficient information. It had become the habit of the co- lonial office to originate these questions — to entertain applications from individuals — to refer these applications to the governor — and, on his answer, to make a decisirn. The governor hos been enobled, by this system, to shift responsibility on the colonial office : inasmuch as in every important case he was, in reality, carrying into effect the order ol the authority to which he was responsible. But the real vigour of the executive has been essentially impair- ed — distance and delay hove weakcicd the force of its decisions — and the colony has, in every crisis of danger, and almost every detail of management, felt the mischief of having its «xecutive authority exercised on the other side of the Atlantic. Nor has any thing been gained, either in effectual responsibility or sound information, by thus transferring the details of executive government to the colonial department at home. The complete and unavoidable ignorance in which the British public, and even the great body of its legislators, are, with respect to the real interests of distant communities, so entirely dif-^ ferent from their own, produces a general indifference, which nothing but some great colonial crisis ever dispels; and responsibility to parliament, or to the public opinion of Great Britain, would, except on these great and rare occasions, be positively mischievous — if it were not impossible. The repeated changes, caused by political events at home, having no connection writh colonial affairs, have left to most of the various representatives of the colonial depart- ment in parliament, too little time to acquire even an elementary knowledge of the condition of those numerous and heterogenous communities fur which they have bad both to administer and legislate. The persons with whom the real management of these affairs has or ought to have rested, have been the permanent but utterly irresponsible members of the office. Thus the real government of the colony has been entirely dissevered from the slight nominal res- ponsibility which exists. Apart even from this great and primary evil of the system, the pressure of multifarious business thus thrown on the colonial office, and the repeated changes of its ostensible directors, have produced disorders in the management of public business which have occasioned serious mischief, and very great irritation. This is not my own opi- nion merely ; for I do but repeat that of a select committee of the present House of Assem- bly, of Upper Canada, who, in a Report dated February 8, 1838, say — "It appears to your committee, that one of the chief causes of dissatisfaction with the administration of colonial affairs, arises from the frequent changes in the office of Secretary of State, to whom the colo- nial department is intrusted. Since the time the laie Lord Bathurst retired from that charge in 1827, your committee believe there has not been lesd than eight colonial ministers, and that the policy of each successive statesman has been more or less marked by a difference from that of his predecessor. This frequency of change, in itself, almost necessarily entails two evils : Jirstt an imperfect knowledge of the affairs of the colonies, on tlie part of the chief l3tliPaii thority of the mate officer- conduct— and ifidence in hi« n the manner Jen the policy le general po- )r inrttructions, ant particular the governor smuch as the ) caust? of the sent him Iv so the necessity iielter himself the policy ol le — to endea- ^le as possible tractions. It by reference 1 it was poflsi- babitually the the local exc- be taken as a to impossible :>it of the co- lals — to refer ['he governor asmuch as in authority to tially impair- olony has, in of having its brmation, by 3nt at home, e great body entirely dif- reat colonial ireat Britain, :' it were not o connection snial depart' he condition administer i or ought to ffice. Thus nominal res- system, the ited changes }Iic business ny own opi- e of Assem- ears to your 1 of colonial }m the colo- that charge Brs, and that erence from r entails two of the chief 2nd Victoria, 1839.] Earl Durhnm's Report. »3 secretary, and the consequent ncceimity of submitting important details to thu subordinate olFiccrs of tlio dcpartu)etit; and, second, tho vvunt of Htabiliiy and firiiinrAs in tlio general po- licy of the guvcriiniunt — and which, of coufmu, creates much uneasiness on the ))urt of tlie governors, and other otiicers of the colutiics, as to whut nicasures may be approved. " But undctubtodly," continues tlu Report, " by fur the greatest obj«!elion to the .system is, the imposdiliility it occasions of any colonial ministur, unaided by pursuim possessing local knowledge, l)econiing ac(|uaiiitod with thu wants, wishes, feelings und prejudices, of the inha- bitants of the eoloniesi, during his temporary continuancu in olHcc, and of deciding satisfac- torily upon tliu conilictiuu statements und claims that are brought before him. A firm, iiii- llinching resolution to uuliero to thu principles oi the constitution, und to maintain the jut^t uud necessary powers of the crown, would do much towards supplying the wunt (>f local in- formation. But it would bu performing more than can be rcusunubly expected frr)m human sagacity, if uity man or set of men, should always decide in an unexceptioiiablo manner on subjects that have their origin thousands of miles from tho seat of iinperiul governiiient, where tlicy reside, and of which they have no i)ers()iial knowledge wliatccr; and therefore wrong may bu often done to individuals, or u false view taken of .some ininortant political (pjestioii, that in the end may throw a whole community into difficulty und dissension, not from the ab- sence of the most anxious desire to do right, but from an imperfect knowledge of facts upon which to form an opinion. "To these objections," adds the Report, "it may be answered, that although the Chief Secretary of Stole retires with a change of ministers, the Under Secretaries, (or at least one of them,) and the other subordinate officers of the department, remain and hold their offices per- manently — and therefore information upon all subjects can be readily imparted to the supe- rior by tho gentlemen who are thus retained ; and it may be admitted, that the knowledge of this fact onirht to lessen the force of the objections that rest on other grounds. But it cannot be disguised, that there is a growing impatience and unwillingness on the part of the colonists, especially in these extensive provinces, to have the measures of government, whether connec- ted with their general system of government, legislation or patronage, controlled by persons who are utter strangers to them — not responsible, in any way, to themselves or the British f)arliament — and who, perhaps, beir>'^ advanced to their office from length of service, or other ike cause, are not regarded as competent (perhaps unjustly) to manage and direct measures which tliey (the colonists) deem of vital importance. Much of this feeling may be traced to pride; but it is a pride that springs from an honourable and laudable fieeling — and always accompanies self- respect, true patriotism and love of country ; and it therefore ought not to be disregarded, nor should any attempt be made to lessen or control it, if it were possible to do so. But the imperfection that exists in the system of colonial government that prevails in England, is rendered more apparent by the want of that confidence that ought to be reposed in the distinguished officers who, from time to time, are commissioned as governors to diffe- rent colonies, than by any other fact that can be distinctly pointed out." I will now only point out one instance of these evils — and I select it because it is an instance occurring in relation to the most important function of the executive — namely, its exercise of the legislative prerogative of the crown, and because its existence has been ad- mitted by the present Secretary of State for the Colonies, in his instructions to my predeces- sor. Lord Gosford — I mean the reservation of bills for the Royal assent. The " too frequent reservation of bills" is a "grievance," says his Lordship, "of which my inquiries lead me to believe the reality." And in a subsequent part of the same despatch, his Lordship admits that, owing to this cause, great mischief has been done, by the wholly unintentional delay in giving the Royal a.ssent to some perfectly unobjectionable bills, having for their object the en- dowment of colleges by benevolent persons. This delay, his Lordship describes as " chiefly attril)utable to political events, and the consequent changes of the colonial administration at honi \" I know not to what cause is to be attributed a delay, which produced, with respect to another bill, the still more serious effect of a doubt of its legaliiv, after it had been consi- dered and acted on as a law. This bill* was reserved ; and the Royal assent was so long delayed through mere inadvertence, that when it was sent out to the colony as an act, the question was raised whether the Royal assent had been delayed beyond the two years allowed by law, and whether, having been so delayed, it was valid. k m '. ' 1.- ' > I ' ■■••1.1 '^m in * The 9ih and lOih Geo. IV, chap. 77.- giy^p till May, 1831. I ^The period began to run in Miircbi \i29i and tlie Royal assent was not ' .4 • ' ' ''■' ■ '■^■". i:: 34 Earl Durhafn*ii UOport. [4th Sess. 13th Pari. Sti m One of llio croatcut of all tho ovlli nHaing from thii nyslom of irre«poimil)lo ^ovcrnnifni, waa lliu inyMtury in wliicli tliu inotivort uiid ucluul piiiposcit uf lliuir rulers woru hid from lliu colonisitH ihciiittulvu!). I'liu most itiiportnnt htiMiin'MH of govtrriitiitiit wno curriud on — not in onon (lisicussioiis or puljlic uclu — but in ii secret corrt^HiJondencc between llm jy doubtH und misiipprehunsion ; and tbe colonies buvo been fre- iiucntly tbo last to le;irn tiio tbingH tiiat most concerned tliem, by tbe publication o( paper!*, on the onler of tbo British Hot tes of I'arlianient. Tho j^overnor, thus oliyhtly reyponsible, and invested with functioiiH ho ill-dciined, found liimsolfat tlic head of a system, in which all his advisers and subordinates had still less responsi- bilitv, and duties still less detined. Distpialilied at lirst by want of local information, and wry oi- ton, subseiiuenllvi by uii entire absenei* of all accjuaintance with the business ol civil luoverntiicnt, tho j^overnor, on his arrival in tho i-olony, found himself under tho necessity ofbeiiij,', in many rospectH, guided by tho pcrson.n vhoin ho found in oHice. In no country, therefore, couKl there bo u greater necessity for u proper denmrcutioi. of the business of each public oJficcr, und of a greater responsibility resting on each. Now, I do not at all exaggeral*^ the real state of the case when I assert, that there is no head ol any of tho most important departments of public business in the colony. The limited powers of tho local government in a colony ne- cessarily obviate tho necessity of any j)rovision for some of tho most important departments which olsewbero recjuire a superintending mind. IJut tho mere ordinary administration of justice, police, education, public works and internal communicutionR, of finance and of trade, would reipiiro tho superintendence of persons competent to advise the governor, on their own responsil>ility, as to tlie measures which should bo adopted ; and the additional labours which lull on the heads of such departments in other countries, in devising improvements of tho system and tho laws relating to each, would certainly aHord additional occupation, growing out of tho peculiarly defective legislation and administration of Lower Canada. Yet, of no one of those departments is there any responsible head, by whose advice tho governor may .safely bo guided. There are some subordinate and very capable officers in each department, fVoiu whom ho is, in fact, compelled to get information from time to time. But there is no one to whom be, or tho public, can look for the correct management and sound decision qn tho policy of each of these imjiortant departments. The real advisers of the governor have, in fact, been the Executive Council, and an in- stitution more singularly calculated for preventing tho res|Mmsil)ility of the acts of the govern- ment resting on any body can hardly be imagined. Jt is a body of which tho constitution .somewhat resein'iles that of the Privy Council: it is bound by a similar oath of secresy; it discharges in the same manner certain anomalous judicial functions; and its "consent and advice" are retiuired in some cases in which the observance of that form has been thought a rci]uisite check on the exercise of particular prerogatives of the crown. But in other res- pects it bears a greater resemblance to a cabinet, the governor being in the habit of taking its advice on most of tho important (picstions of his policy. But as there is no division into de- partments in the Council, ihere is no individual responsibility, and no individual superinten- dence. Each member of the Council takts an equal part in ail the business brought before it. Tho power of removing members being very rarely exercised, the Council is, in fact, for the tnost part, compo.sed of persons placed in it long ago; and the governor is obliged either to take the advice of pt;rsons in whom he has no confidence, or to consult only a portion of the Council. The secre-sy of the proceedings adds to the irresponsibility of the body ; and when the governor takes an important step, it is not known, or not authentically known, whether he I'.as taken the advice of this Council or not, what members he has consulted, or by the advice of which of the body he has been finally guided. The responsibility of the Executive Council has been constantly demanded by the Reformers of Upper Canada, and occasionally by those of the lower province. But it is really difficult to conceive how desirable responsibility could be attained, except by altering the working of this cumbrous machine, and placing the busi- ness of the various departments of government in the hands of competent public officers. In the ordinary course of })ublic business in the colony, almost all matters come, in fact, before the Governor, or his immediate assistant, the civil secretary of the province. The civil secretary's office is, in fact, the one general public office in which almost every species of business originates, or through wjjich it passes in some stage or other. The applications which every day reach this office show the singular want of proper organization in the provmce, and the great confusion of ideas respecting the functions of government, generated in the minds of the people. A very considerable proportion consists of requests to the governor to inter- fu rel appJ the sccil tliall cus^l ilht^ ^< i;JHiParl. J Koverriment, ) liiil Iroin tli(] !(l tm — not id governor urul Ut llio worst mv«) hocij IVf- ion ot pupcr:'. Icliiiod, lound ll'!<.S IC!M|«)|l.si- 1,1111(1 vt'iy of- I juovfrnriictif, ('ill,!,', in many jrL'lore, cotiiti piililic orticcr, the real state L-fiurtments of II colony nc- ci«'|iartinentM linistration of iiiul of tradf, <»n their own ubour8 which Mucnts of the ion, growing Yet, of no o\crnor may department, It there is no decision gn il, and an ir- tlie govern- constitiition sccresy ; it consent and n thought a in other res- of taking its ion into de- superinten- ;ht before it, fact, for the ed either to irtion of the ; and when whether he ' the advice live Council lly by those ibility could ig the busi- officers. >me, in fact, The civil Y species of tions which ovmce, anil ) the minds or to inter- 2iid Victoria, 1839.] Earl Durhams Report. 35 furo with the coutHn of civil justice. Kvery clorinion of iiubordinato oHiccri in mado matter of appeal ; and no rulurence to the proper department Ratii«tieH the applirantit, who imngino that they have a right to claim n pcrMtnul investigation of every cumc by the governor or tho civil Necretury. Tiio appeals from the past are ecpadly numcroiiN; and it appears to be expected that every new governor should sit in judgment on every decision of any or all of his prode- cesMors, which happens to have dissatisiied the applicant. IWit if such is the b'lil orgaiii/.alion and imperfection of the system at tho seal of govern* ment, it may bn easily believed that the remainder of the province enjoyed no very vigorous or complete administration. In fact, lie\uiid the walls ol Ciiiebcc, all regular administration of the country a|ipeared to ceax(! ; and there literally was hardly a single public oiticer of tho civil gtivermnent, except in Montreal anti 'I'liree Rivers, to whom any or':1 ' fA ■{ . •* ■t. 'r > 1 96 Earl DurlinnrH Report. [4th Schs. 13ih Pari. vk It m ; mi '}- Mil ponding tub'tltvUiont of coantim. Tim pariiilies iiru purely i)ccl«3Hi(isli(-i'l divixioiiH, nrid may bu nltoror Ni'w Kn^lund, n HUiall number of t'aniilii'H Nettling within a certain distance ol each ollii*r, ant iniiiK'diiitelv empowered by law to asiCMs thcniHelve.4 lor local purposes, atid tti elect locid ollicers. 'I'he setllcrH in the eaNtern townwhips, uuktiy of whom are nalivcM of New Kngland.and all oiwliorn can contriiNt the Mtate ot things on their own, with that which is to be seen on tiie other side of the line, have a serious and general cause of discontent in the very iid'erior management ol all their own local concerns. Tho government appears even to have disciniruued the Ameri- can settlers from introducing tluMr own municipal institutions by common assenl. " I under* htootJ," says Mr. Hicliards, in a report to iho 8ecrotary of State of the Colonies, orderc-d by the JIouso of Commons to be |)rinted in March, \h[Vi, "that the V'ermonters hud crossed the lino, and partially occupied several townships, brin^.'ing with them their own municipal cus- toms; and that when the impropriety of elecling their own ollicers was pointed out lu ihcm, they had quickly give" them up, and promised to conform to those of Canada." But tho want of municipal institutions has been ntal is most glaringly remarkable in Que- bec and Montreal. These cities w«!rs incorporated a few years ago by a lenipf)riiry provin- cial Act, of which the renewal was r<'jected in I83(i. Since that U\\\v these cities have been without any municipal government; and the disgrarofid state of the streets, and the utter absence ol lighting, arc con8e(|ueo('es which arrest the altention of all, and aeriously allect the comfort and security oi the inhabitants. The worst olVects of this most faulty system of general administration will be developetl in the view which I ehall hereafter give of the |uacticeH adopted with respect to the public lands, and tho settlement of the province, but which I postpone for the iireseiit, iiecause I pur- pose considering this subject with reference to all the North American I'rovinces. But I jnust hero notice tho mischievous results prominently exhibited in the provision which tho government of Lower Canada makes for the first want of a people, the ellicient administra- tion of justice. The law of the |)rovinco and tho administration of justice are, in fact, a patch-work of the results of the interference at diHercnt times of dill'erent legislative powers, each proceerl- ing on utterly different and generally incomplete views, and each utterly regardless of the other. The law itself is a mass of incolieront and conflicting laws, j)art French, part English, iind with a lino between each very confusedly drawn. Thus, the criminal law is tho criminal law of England, as it was introduced in 1774, with such modifications os have since been made Vy the provincial legislature, it being now lisputcd whether tho provincial legislature had any power to make any chanyc whatever in that law, and it not being at all clear what is the extent of the phrase " criminal law." The civil law is the ancient civil law, also modi- fied in some, but unfortunately very few respects ; and these modifications have been almost exclusively effected by acts of the JJritish Purliatnent and by ordinances ol tho governor and council constituted under the Quebec Act. The French law of evidence jirevails in all civil matters, with a special exception of" commercial" cases, in which it is provided that the Eng- lish law is to be adopted ; but no two lawyers agree in their defirtltion of " commercial." For judicial purposes, the province is divided into four superior districts, having unlimited and supreme original jurisdiction, and one inferior, with limited jurisdiction. The four supe- rior are those of Quebec, Montreal, Three Rivers and St. Francis ; tho inferior, that of Gasp6. The district of Gaspe is subordinate to that of Quebec, with some special provisions for the administration of justice within it under a particular provincial act, which expires next May. I could obtain no very satisfactory information respecting this district, except that every body appeared to be of opinion that, from its distance and scanty iiopulation, it had always met with vary little attention from either the legislature or the executive government. About the administration of justice therein, I could hardly obtain any information ; indeed, on one occosion, it being necessary, for some particular purpose, to ascertain the fact, inquiry wns made at all the public offices at Quebec^ whether or not there was any coroner for Gnsp6. :hli Pnrl. Dim, iiiid iiiuy rllllllll^ii- lltu lupairh 'ricnn orijiin ; licr |iiirp(iM>r the aalury of auch •n offirer. Tho only ponitive informution, thorvforo, that I cnii give rcDjwcting tho prcaont adminiittration of jiiitico in Qiwpt^ In, ihut 1 rocuivvd u prtition from thu uihabitantu, praying that tho act by which it in rogulatod might not bo ronewcd. Knoh of thn oourtu of Cluoboc and Montreal lin.^ a Chief Ju«tico, and three PuiiinA Jiidgen: there in but ono Jiidue in each of the di<4trict!t of Three llivera aiul Ht. Francin. During term time, Judge* from otlier diHtrictH make up the bench in thcBu two. In nl! civil cnniw, thcHo courts have original juriMdiction to an unlimited amount; and in npiteof the iiniiiuiisu extent of all, but particularly of tho two greater dittricta, thu parties are, in almost ull ca-wn, brought up to tho chief towns for the trial of their causca. An attempt, but of u very trifling and abortive character, has been made to introduce tlie English system of circuits. The Judges of these districts make circuits once a year, in order to try causes i.i which tho disputed value is not more than XU) sterling. The limitation of the value — tho introduction of small debt courts, and the consecpient failure of attendanco on the part of tho bar during their progress — and tho very insufltciciit time allotted for the stay at each place — hav(!, I am informed, rendered these circuits almost useless; and even the suits which might be tried at tho circuits, are generally, in preference, carried up for trial to the chief places of these districts. There are some complaints that excessive fees aro taken in tlio courts of Montreal and Quebec. The distribution of legal patronage is a matter of great, it is not easy to say, of how just, complaint ; but tlio substantial evil of the administration of civil justice consists in the prac- tical denial of it — caused by tho utter inoHiciency of tho circuit system, and tho enormous ex- pense and delay of carrying every suit, where tho valuo in dispute is moro than XIO sterling, from the extremities of tho three largo and settled districts of the province, to tho tlirce dis- trict towns — in tho vicious constitution of the inferior tribunals, by wliich it has been attempted to supply the want of an cHectivo system, cither of circuits or local courts — ar.d in tho very faulty nature of the supreme appellate jurisdiction of tho province. Tho minor litigation of thu country is, in fact, carried on throughout these throe districts in tho courts of tho commi.ssioncrs of small cause.^. These courts aro established in tit dif- ferent parishes, by the tiovernor, on an ap[)lication made by a certain number of the parishi- oners, according to forms prescribed by the provinciil statute, in which this institution takes its rise, and have jurisdiction overall debts not ey.cecc'ing twoiity-fivo dollars, e(iual to .£0 .O.s. currency. Tho commissioners aro appointed by tho Governor, upon tho recommendation ot tho petitioners ; these aro residents in the parish, anil almost wholly unversed in law. The constitution of these courts is, in fact, nothing else in substance but an elective judiciary — elected under tho most irregular, fraudulent, and absurd, electoral 8y.stern that could po^siblv bo devised. I cannot better illustrate this description, than by narrating simply the mode in which the appointment is, in fact, made. It is, and has for a long time been, left almost entirely in the hands of a subordinate assistant, in the civil secretary's oflice. This gentleman stated that ho took no stei)s, and indeed by law he could not, until he received a petition, with the requisite number of names attached. His impression was, that these signatures were g- iiurally obtained by assiduous canvassing in the parish, generally on the part of some person who wan ed the appointment of clerk, which in paid, and who took this trouble, in order to secure the nomi- nation of commi-saioners from whom hv. expected to get the apjiointment. After some inquiry from any person whom this assistant secretary thouglit proper to consult, respecting the cha- racters of the persons firoposed, they were, almost as a matter of course, appointed. After a sliort time, if somo other person m the district happened to acquire more popularity, and to covet the oflice, a petition was got up, containing charges against the occupant of the oflice, and praying for his removal, and the substitution of his rival. Upon most of the appointments, also, there arose long controversies respecting the politics, qualification, and character, of thu candidate for oflice; and a removal or new appointment was always attributed to some politi- cal causes, by tho newspapers of each party or race. The inquiry into the qualification of persons proposed — the investigation of the charges made — the defence urged in reply — and the dist.mt and unsatisfactory evidence adduced in sujiport of each — formed a large propor.M( of the business of the civil secretary's office. Whatever appointment was made, the govemriont was sure to create dissatisfaction; and the administration of justice was left in the hands of in- competent men, whose appointment had been made in such a manner, as even, sometimes, to » . '• n. M ; f ', I ' ••* •'■I -I ■ ••■ '/,il •• \ >;■;] ■-? ' . •>■'*} "i.Vj, f :'''■■'•*, I . 'M ■: 41 38 Earl Durham's Report. [4th Sess. 13th Pari. r 1 render their integrity suspicious, in the eyes, not only of those who had opposed, but also of those who had supported their nomination. I shall only add, that sometime previous to my leaving the province, I was very warmly and forcibly urged, by the highest legal atilliorities in 'the country, to abolish all these tribunals at once, on tne ground that a great many of them being composed entirely of disalfected French Canadians, were burily oi;cuj)ied in harrasing loyal 8ub)ects, by entertaining actions against them, on account of the part tiiey had taken in the late insurrection. There is no appeal from their decision ; and it was stated that they had, in the most bare-faced manner, given damages figainst loyal persons, for acts done in the discharge of their duty, and judgments by default against persons who were absent, as volun- teers in the service of the Q,ueen, and enforced their judgment by levying distresses on their property. I must now turn from the lowest to the highest civil tribunal in the province. In a coun- try iu which the administration of justice is so imperfect in all the inferior stages, and in which two different and often conllicting systems of law are administei-ed by judges, whose professional education end origin necessarily cause dilft'rent leanings in favour of the respec- tive systems in which each is more particularly versed, the existence of a good and available appellate jurisdiction, which may keep the law uniform and certain, is matter of much greater importance than in those countries in which the law is homogenous, and its administration by the subordinate tribunals is satisfactory. But the appellate jurisdiction of Lower Canada is vested in the E.xecutive Council — a body established simply for political purposes — and com- posed of persons in great part having no legal qualiKcations whatever. The E.terutive Council sits as a Court of Appeal, four times in the year, and for the spuce of ten dnys during each session ; and on these occasions the two Chief Justices of Quebec and lontreal were, ex officio, Presidents — and each in turn presided, when appeals from the other's district were heard. The laymen who were present to make up the necessary (juorum of five, as a matter of course, left the whole matter to the presiding Chief Justice, cxcc|)t in some instance.s, in which party feelings or pecuniary interests are asserted to ha\e induced the unprofessional members to attend in unusual numbers, to disregard the authority of the Chief Justice, and to pervert the law. In the general run of cases, therefore, the decision was left to the President alone : and each Chief Justice became, in consequence, the real Judge of Appeal from the whole court of the other district. It is a matter of perfect and undisputed notoriety, that this system has produced the results which ought to have been foreseen as inevitable ; and that, for some time before I arrived in the province, the two Chief Justices had constantly diflered in opi- nion upon some most important points, and had been in the habit of generally reversing each other's judgihents. Not only, therefore, was the law uncertain and different in the two dis- tricts, but owing to the ultimate power of the Court of Appeal, that which was the real law of each district was that which was held not to be the law by the judges of that district. This is not merely an inference of my own ; it is very clear that it was the general opinion of the profession and the public. The Court of Appeal, as re-modelled by rfie. at the only sitting which it held, reversed all but one of the judgments brought before it. This induced a member of the court to remark to one of the Chief Justices, that so general a reversal of the law of a very competent court below, by a tribunal so competent as the Court of Appeals then was, appeared to him utterly inexplicable: inasmuch as it could in nowise be attributed, aa.it was before, to the influence of a single judge. The reply of the Chief Justice was, that the matter was easily accounted for; that the system previously adopted in the Court of Ap- peals had rendered the decision of the court below so complete a nullity, that the parties and counsel below often would not take the trouble to enter into the real merits of their case — and that the real bearing and law of the case were, generally, most fully stated before the Court of Appeals. As the business of the Court of Appeals was thus of great extent and importance, it be- came necessary that, having from political considerations altered the composition of the Exe- cutive Council, I should re-organlzc the Court of A;>pi;K'j. I determined to do this upon the best principle that I could carry into effect, under the circumstances of the case ; for, as the constitution of the Court of Appeals is prescribed by the constitutional act, I could not vest the appellate jurisdiction in any other body than the Executive Council. I called, therefore, to the Executive Council, the Chief Justice and one Puisne Judge from each of the two dis- tricts of Quebec and Montreal, and by summoning also the Judge of Three Rivers, I cave the members of the two conflicting tribunals an impartial arbiter, in the person of M. Yalftdre de St. Real, admitted, by universal consent, to be the ablest French lawyer in the province. Biit the regulations of the Executive Council, which it was supposed I could not alter in this cattc, his o In or Coun expo fiden vious The lonief 3th Pari. i, but also of levious to my utitiiorities in tinny of them I iu harrasing Imd taken in ted that they 3 done in the ent, 09 volun- isses on their • In a coun- iages, and in iiclges, whose 1' tlie respec- ind available nuch greater inisiration by :v Canada Ts s — and coni- Jtive Council during each 3 re, ex officio, were heard, ter of course, which party members to > pervert the It alone : and whole court system has at, for some ired in opi- I'ersing each the two dis- the real law at district, eral opinion at the only his induced reversal of of Appeals attributed, e was, that ourt of Ap- parties and heir case- before the ance, it be- of the Exe- is upon the for, as the Id not vest , therefore, le two dis- 2rs, I cave M. ValfiSre e province, liter in this 2ad Victoria, 1839.] Earl Durham's Report. cat>e, required the presence of a quorum of five ; and as no Judge could sit on an appeal from his own court, I had now only provided thrto for every appeal from the two greater districts. In order to make up the quorum, the court was therefore attended by two other Executive Councillors — one of whom, by his thorough knowledj'n of commercial law, and his general legal experience, was commonly admitted to have rendered essential service. I believe I may con- fidently say, that tlie decisions of this court carried far -iireater weight than those of any pre- vious Court of Appeals. The further appeal to the Privy Council, allowed in cases where the value was above JL UO, id, from the groat delay and great expense attendant on it, hardly ever resorted to. The estaiilishment of a good appellate jurisdiction for the whole of the North American co- lonies is thcreloro a:reatly desired by every province ; and a competent tribunal for this pur- pon? would spare tlic cost and delay of a resort to the Priv}' Council, and answer all the pur- poses proposed to be attairicd by the present double system of appeal. The evils of tlio system of criminal justice are not so various, but from the faulty judicial . division and administrative system of the province, the defects which exist in the constitution of the courts. oC justice are even more severely felt in this department; for, except at the prin- cipal towns of the five districts, there is not the slightest provision for criminal justice, and to these places all prisoners must be brought for trial from th» most remote parts subject to their jurisdiction. Thus, from the extreme settlements on the Ottawa, where is now the great seat of the lumber trfide, and of the large and wild population which it brings together, all prisoners h&ve to be carried to a distance of two hundred miles, by bad and uncertain means of convey- ance, to Montreal for trial. On the left bank of the Ottawa the law has, according to a high legal authority, no power. It was but lately that a violent mob, called Shiners, for a long time set the law at defiance, and had entirely at their mercy the large properties invested in that part of the countr}'. Besides those in the five places above mentioned, there are only three county gaols, one of which is in the district of Gaspe. There are no sessions held in any other than those places At the Quebec, Montreal and Three Rivers quarter sessions there were, some years ago, professional and salaried chairman, but the Assembly discontinued them. There are sherilFs only in the districts, and not in each county. They are named by the crown fof life, and are removable at pleasure. The offices are very lucrative, and are said to have been frequently disposed of from personal or political favouritism. It is also matter of complaint, that insufficient security has been taken from those appointed to them ; and many individuals have consequently sustained very serious loss from the defalcation of sheriffs. But the most serious mischief in the administration of criminal justice, arises from the entire perversion of the institution of juries, by the political and national prejudices of the people. The trial by jury was introduced with the rest of the English criminal law. For a long time the composition of both grand and petit juries was settled by the governor, and they were at first taken from the cities, which were the cfiefs lieux of the district. Complaints were made that this gave an undue preponderance to' the British in those citiesj though, from the proportions of the population, it is not very obvious how they could thereby obtain more than an equal share. In consequence, however, of these complaints, an ordf-r was issued under the government of Sir James Kempt, directing the sheriffs to take the juries not only from thi9 cities, but from the adjacent country, for fifteen leagues in every direction. An act was sub- sequently passed, commonly called " Mr. Viger's Jury Act," extending these limits to those of the district. The principle of taking the jury from the whole district, to which the jurisdie- tion of the court extended, is undoubtedly in conformity with the principles of English law ; and Mr. Viger's act, adopting the other regulations of the English jury law, provided a fair selection of juries. But if we consider the hostility and proportions of the two races, the practical effect of this law was to give the French an entire preponderance in the juries. This act was one of the temporary acts of the Assembly, and having expired in 1836, the Legislative Council refused to renew it. Since that period, there has been no jury law what- ever. The composition of the juries has been altogether in the hands of the government; private instructions, however, have been given to the sheriff to act in conformity with Sir .Tames Kempt's ordinance; but though he has always done so, the public have had no security for any fairness in the selection of the juries. There was no visible check on the sheriff; the public knew that he could pack a jury whenever he pleased, and supposed, as a matter of course, that an officer holding a lucrative appointment at the pleasure of government Would be ready to carry into effect those unfair designs which they were always ready to attribliie •> : J-^' ; '!.• '■•>•(. m m ■km mm r-::*; W' "t; . »,. . ■'..•'':'.*1 w AH 4D Earl Durham's Report. [4th Sess. 13th Pari. to the government. When I arrived in the province, the public was expecting the trials of the persons accused of participation in the late insurrection. I was on the one hand informed by tne law officers of the crown and the highest judicial authorities, that not the slightest chance existed under any fair nystem of getting a jury that would convict any of these men^ however clear the evidence of their guilt might be ; and on the other side I was given to un- derstand that the prisoners and their friends supposed that, as a matter of course, they would be tried by packea juries, and that even the most clearly innocent of them would be convicted. It is, indeed, a lamentable fact, which must not be concealed, that there does not exist in the minds of the people of this province the slightest confidence in the administration of crimi- nal justice; nor were the complinnts, or the apparent grounds for them, confined to one party. The French complain that the institution of both grand and petit juries have been re- peatedly tampered with against them. They complain that when it has suitffd the interests of the government to protect persons guilty of gross offences against the French party, they have attained their end by packing the grand jury. Great excitement has long existed among the French party in consequence of a not which took place at the election for the west ward of Montreal, in May, 1832, on which occasion the troops were called out, fired on the people, and killed three of them. An indictment was preferred against the magistrates and officers who ordered the troops to fire. It was urged by the French that the grand jury was compo- sed almost entirely of Englishmen, that twelve out of the twenty-three were taken from the parish of Lachine, the smallest in the whole island ; a selection which, they said, could hardly be attributed to mere chance, and that they were not in the usual station in life of grand jury- men. The opposite party, it must be observed, however, argued that this apparent selection of a majority of^ the grand jury from a single parish was a necessary result of some ill-contrived provision of Mr. Viger's jury act. The bill was thrown out, and all judicial investigation into the circumstances consequently quashed. I am merely mentioning the complaints of parties. I know not whether the preceding allegations were well founded, but there can be no doubt that such was the impression produced among the French Canadians by these proceedings, which, in their minds, completely destroyed all confidence in the administration of justice. The French Canadians further comfilain that the favouraule decision of a grand jury was of no avail to those who had fallen under the displeasure of the government. There are several instances in the recent history of Lower Canada, in which an attorney-general, being dissatisfied with the conduct of the grand jury in ignoring a bill, either repeated by preferred indictments for the same offence, until he obtained a grand jury which would find them, or filed ex efficio informations. Nor arc the complaints of the English population of a less serious nature. They assert, unhappily on two undispntable gi'ounds, that the Canadian grand and petit juries have invaria- bly used their power to insure impunity to such of their countrymen as had been guilty of political offences. The case of Chartrand is not the only one in which it is generally believed that this has been done. The murderers of an Irish private soldier of the 24th Regiment, of the name of Hands, arc asserted to have been saved by an equally gross violation of their oaths on the part of the jury. A respectable and intelligent member of the grand jury which sat at Montreal, in October, 1837, informed the government that nothing could be more pro- per than the beheaviour of a great majority of the jurymen, who were French Canadians, while they were occupied with cases not connected with politics. They attended patiently to the evidence, and showed themselves well disposed to follow the opinion of the foreman, who was a magistrate of groat competence ; but it was added, that the instant they came to a political case, all regard for cvcjn the appearance of impartiality vanished, and they threw out the bills by acclamation, without listening to the remonstrances of the foreman. The trial by jury is therefore at the present moment not only productive in Lower Can- ada of no confidence in the honest administration of the laws, but also provides impunity for every political offence. I cannot close this account of the system of criminal justice, without making some remarks with respect to the body by which it is administered in its primary stages and minor details, to the great mass of the people of the province. I mean the magistracy ; and I cannot but express my regret, that among the few institutions for the administration of justice throughout the country which have been adopted in Lower Canada from those of England, should be that of unpaid justices gf the peace. I do not mean in any way to disparage the character, or depreciate the usefulness, of that most respectable body in this country. But the warmest admirer of that institution must admit that its benefits result entirely from the peculiar char- 2d iilUiBaai 3th Pari. [ the trials of and informed ; the slightest >f these raenk I given to un- e, they would be convicted. fs not exist in tion of crimi- to one parly. lave been re- the interests 1 party, they cisted among e west ward n the people, and officers was compo- en from the :ouId hardly grand jury- 3nt selection ill-contrived ligation into 8 of parties, be no doubt )roceedings, f justice. id jury was There are leral, being y preferred id them, or hey assert, ve invaria- n guilty of y l)elieved egiment, of t)n of their nry which more pro- IJanadians, I patiently 3 foreman, y came to ley threw iwer Can- •unity for 3 remarks or details, annot but iroughout should be sharacter, warmest liar char- :■(.'! 2nd Victoria, 1839.] Earl Durham's Report. 41 BCter of the class from which our magistracv is selected ; and that without the general educa- tion, the moral responsibility imposed by their high station in the eyes of their countrymen, the check exercisea by the opinion of their own class, and of an intelligent and vigilant pub- lic, and the habits of public business, which almost every Englishman more or less acquires; even the country gentlemen of England could not wield their legally irresponsible power as justices of the peace to the satisfaction of their countrymen. What, then, must be conceived of the working of this institution in a colony by a class over whom none of these checks exist, and whose station in life and education would alone almost universally exclude them from a similar office at home ^ When we transplant the institutions of England into our colonies, we ought at least to take care beforehand that the social state of the colony should possess those peculiar materials on which alone the excellence of those institutions depends in the mother country. The body of justices of the peace scattered over the whole of L wer Can- adb are named by the Governor, on no very accurate information, there being no lieutenants or similar officers of counties in this, as in the Upper Province. The real property qualifica- tion required for the magistracy is so low, that m the country parts almost every one posses- ses it ; and it only excludes some of the most respectable persons in the cities. In the rural districts the magistrates have no clerks. The mstitution has become unpopular among the Canadians, owing to their general belief that the appointments have been made with party and national bias. It cannot be denied that many most respectable Canadians were long left out of the commission of the peace, without ahy adequate cause ; and it is still more undenia- ble, that most disreputable persons of both races have found their way into it, and still con- tinue to abuse the power thus vested in them. Instances of indiscretion, of ignorance, and of party feeling, and accusations of venality, have been often adduced by each party. Whether these representations be exaggerated or not, or whether they apply to a small or to a large portion of the magistracy, it is undeniable that the greatest want of confidence in the practical working of the institution exists ; and I am therefore of opinion that, whilst this state of society continues, and, above all, in the present exasperation of parties, a small stipendiary magistracy would be much better suited to both Upper and Lower Canada. The police of the province has always been lamentably defective. No city, from the lawless and vicious character of a great part of its population, requires a more vigilant police than Q,uebec. Until May, 1836, the police of this city was regulated by an act which then expired, and was not renewed, and it consisted of forty-eight watchmen, naif of whom served every night for the whole town. The day police consisted of six constables, who were under no efficient control. On the expiration of this act there was no night police at all, and mur- ders occurring in the streets, the inhabitants formed a voluntary patrol for the upper town. — Lord Gosford, in December, 1837, appointed Mr. Young inspector of police, with eight police- men under him ; a sergeant and eight men of the Volunteer Seamen's Company were placed under his order ; and another magistrate had a corporal and twelve men of the same com- pany for the police of the lower town. Finding their force wholly insufficient, receiving daily complaints, and witnessing daily instances of disorder and neglect, and above all being much pressed to increase the ])olice by the owners of vessels, who had no power of restraining the disertion of their orews, I ordered a regular police of thirty-two men to be organized on the plan of London police in June last. This body was further augmented in October to seventy- five ; and this number is represented to me by the inspector as by no means more than suf- ficient. In Montreal, where no approach to a general system of police had been made, I directed Mr. Leclerc, who had been appointed a stipendiary magistrate by Lord Gosford, to organise a force similar to that of Quebec. The number of this is now carried, I think, as high as 100. Throughout the rest of the province, where the functions of a police used to be discharged by the militia, that body being now disorganised, there is, in fact, no police at all. In the coirse of tho autumn, I was informed by Mr. Young, that at St. Catharine's, forty-six miles from Quebec, a man, after notoriously committing an assault with intent to murder, was still at large a fortnioht after the act ; and that no means had been found of executing a warrant issued against him by a county magistrate. As the only means of enforcing the law, Mr Young was authorised to send policemen sworn in as special constables, the place being out of his jurisdiction ; and by them the arrest was effected. When Theller and Dodge escaped from the citadel, and were supposed to have taken the direction of the Kennebec road, no means existed of stopping their flight, except by sending the police of Quebec to tKe.- very frontier of the United States. t ' * . t. ..': ■-,■9 :'■■■.'• <■•■,'■!■.■ ^■^3f ■I *-;» -. .'Pi m » E%fii Omrhm'M K<^ppr(. i[4thl$w.a8l)i Furl. In the course of the preceding account,! have already incidentally given a good many of the most important details of the provision for education made in Lower Canada. Ihave described the general ignorance of the people, and the abortive attempt which was made, or rather which was professed to be made, for the purpose of esta^'ishing a general system of public instruction; I have described the singular abundance of a somewhat defective educa- tion which exists for the higher clasnes, and which is solely in the hands of the Catholic priest- hood. It only remains that I should add, that though the adults who have come from the old ccur»ry are generally more or less educated, the English are hardly better off than the French, for the means of education for their children — and indeed possess scarcely any, except in the cities. There exists at present no means of college education for protestants in the province ; and the desire of obtaining general, and slill mo.e professional instruction, yearly draws a great many young men into the United States. I can, indeed, add little to the general information possessed by the government, respect- ing the great deficiency of instruction, and of the means of education in this province. The commissioner whom I appointed to enquire into the state of education in the province, endea- voured very properly to make inquiries so minute and ample, that the real state of things should .be laid fully open ; and with this view he had, with great labour, prepared a series of questions, which he had transmitted to various persons in every parish. At the time when his labours were brought to a close, together with mine, he had received very few answers ; hut as it was desirable that the information which he had thus prepared the means of obtain- ing should not be lost, a competent person has been engaged to receive and digest the returns. Complete information respecting the state of education, and of the result of past attempts to instruct the people, will thus, before long, be laid before the government. The inquiries of the Commissioner were calculated to inspire but slender hopes of the immediate practicability of any attempt to establish a general and sound system of education for the province. Not that the people themselves are indiflTerent or opposed to such a scheme. I was rejoiced to find that there existed, among the French population, a very general add deep sense of their own deficiencies in this respect: and n great desire to provide means for mving their children those advantages which had been denied to themselves. Among the English the same desire was equally felt; and I believe that the population of either origin would be willing to submit to local assessments fur this purpose. The inhabitants of the North American Continent, possessing an amount of materia) comfort, unknown to the peasantry of any other part of the world, are generally very sensible to the importance of education. Anrl the noble provision which every one of the Nothern States of the Union has gloried in establishing for the education of its youth, has excited a general spirit of emulation amongst the neighbouring provinces, and a desire, whiph will pro- bably produce some active efforts, to improve their own educational institutions. It is, therefore, much to be regretted, that there appear to exist obstacles to the establish- ment of such a general system of instruction as would supply the wants, and, I believe, meet the wishes of the entire population. The Catholic clergy, to whose exertions the French and Irish population of Lower Can- ada are indebted for what'3ver means of education they have ever possessed, appear to be very unwilling Miat the state should in any way take the instruction of youth out of their hands. Nor do the clergy of some other denominations exhibit generally a less desire to give to education a sectarian character, which would be peculiarly mischievous in this province, inasmuch as its inevitable effect would be to aggravate and perpetuate the existing distinctions of origin. But as the laity of every denomination appear to be opposed to these narrow views, I feel confident that the establishment of a strong popular government in this province would very soon lead to the introduction of a liberal and general system of public education. I am grieved to be obliged to remark, that the British Government has, since its posses- sion of this province, done, or even attempted, nothing for the promotion of general education. Indeed the only matter in which it has appeared in connection with the subject, is one by no means creditable to it — For it has applied the Jesuits' estates, part of the property destined ier purposes of education, to. supply a species of fund for secret service, and for a number of years it has maintained an obstinate struggle with the Assembly, in yrder to conttnue this mi8« appropriation. »n beg duri vy that atliPnri. deserter. 1 sood many ada. I have vws made, or ral system of ictive educa- tholic priest- from the old 1 the French, except in the le provmce ; arly draws a lent, respect- vince. The vince, endea- ate of things ;d a series of e time when iw answers ; ns of obtain* : the returns, t attempts to hopes of the of education :h a scheme, general and e means for Among the either origin ^nd Victoria, 1839.] Earl Durhaiii^i Report. of material ery sensible le Nothern as excited a iph will pro- le establish- elieve, meet iower Can- ppear to be out of their ?sire to give is province, distinctions rrow views, i'ince would tion. 3 its posses- 1 education. one by no ty destined number of ae thit mia« Under the head of the hotpitaJs, priaons, and charitable ioatitutioof of Lower CaoacUi I \)eg to refer to some valuable information collected, bv my direction, by Sir John Doratt, during the exercise of his office of Inspector General of Hospitals, and Charitable and Liter- ary Institutions, which will be found in a separate part of the appendix to this report. I regret that the pressure of more urgent subjects did not allow me time to institute into these subjects, so searching and so comprehensive an inquiry as I should have desired to make in other cir- cumstances. But there are some points brought under my notice by Sir John Doratt, to which I think it important that the attention of your Majesty's Government should be directed with- out delay. I advert to the existing want of any public establishment for the reception of in- sane persons either in Lower or Upper Canada; to the bad state of the prisons in general, and especinlly the disgraceful condition of the gaol of the city of Quebec ; to the defects of the quarantine station at Grosse Isle ; to the low and ignorant atate of the medical profession throughout the rural districts : and to the necessity of a change in the system of providing for the insane, the invalid poor, and foundlings, by payment of public moneys to convents for that purpose. It is evident that considerable abuses exist in the management of several philanthro- pic institutions. I have adverted, in another part of my report, to the subject of pauperism, as connected with emigration ; and the evidence there cited is in some respects cuniirmed, by the information communicated by Sir John Doratt. It is a subject of very just congratulation, that religious differences have hardly operated as an additional cause of dissension in Lower Canada ; and that a degree of practical tolera- tion, known in very few communities, has exis.ed in this colony from the period of the con- quest down to the present time. , The French Canadians are exclusively Catholics, and their church has been left in pos- session of the endowments which it had at the conquest. The right to tithe is enjoyed by their priests ; but as it is limited by law to lands of which the proprietor is a Catholic, the priest loses his tithe the moment that an estate passes, by sale or otherwise, into the hands of a Protestant. This enactment, which is at variance with the true spirit of national endow- ments for religious p\arposes, has a natural tendency to render the clergy averse to the settle- ment of Protestants in the seigniories. But the Catholic priesthood of this province have, to a very remarkable degree, conciliated the good will of persons of all creeds ; and I know of rio parochial clergy in the world whoso practice of all the christian virtues, and zealous dis- charge of their clerical duties, is more universally admitted, and has. been productive of more beneticial consequences. Possessed of incomes sufficient, and oven large, according to the notions entertained in the country, and enjoying the advantages of education, they have lived on terms of eguality and kindness with the humblest and least instructed inhabitants of the rural districts. Intimately acquainted with the wants and characters of their neighbours; they have been the promoters and dispensers of charity, and the effectual guardians of the morals of the people ; and in the general absence of any permanent institutions of civil government, the Catholic church has presented almost the only semblance of stability and organization, and furnished the only effectual support for civilization and order. The Catholic clergy of Lower Canada are entitled to this expression of my esteem, not only because it is founded on truth, but because a grateful recognicion of their eminent services, in resisting the arts of the disaffected, is especially due to them from one who has administered the government of the province in ihese troubled times. The constitutional act, while limiting the application of the Clergy Reserves in the town- ships to a Protestant clergy, made no provision for the extension of the Catholic clerical in- stitution, in the event of the French population settling beyond the limits of the seigniories. Though I believe that some power exists, and has been in a few cases used, for the creation of new Catholic parishes, I am convinced that this absence of the means of religious instruction has been the main cause of the indisposition of the French population to seek new settlements, as the increase of their numbers pressed upon their resources. It has been rightly observed, that the religious observances of the French Canadians are so intermingled with all their business and all their amusements, that the priest and the church are with them, more than with any other people, the centres of their little communities. In order to encourage them to spread their population, and to seek for comfort and prosperity in new settlements, a wise government would have taken care to aid, in every possible, way, the diffusion of their meana of religion? instruction. The Protestant population of Lower Canada have been, of late, somewhat agitated by' the question of the Clergy Reserves. The meaning of the ambiguous phrase "Protestant Cjlergy," has beea discussed witb great ardour in varipus quarters » and each disputant hba ' ..i * •1 Y] ^-1 1 f> '*^fl ! *• *w ,* ^ 1 ,4 ' * 6' '*.'• "#' ;£ ■y^ it.'i«.'| ^'i ■■j;fi\ m r . t,. ,.^V',.I m .•.■i.»- r^ ■•■t"'^v '4\'- 44 Earl Durham's Report. [4th Seas. 13th Parh dUplayed his ingenaity in finding reasons for a definition in accordance with his own inclina- tion, either to the aggrandizement of his own sect, or the establishment of religious equaUty. Owing to the small numbers of the British population — to the endowment ot the Catholic church, in most of the peopled and important districts of the colony — and, above all, to the much more formidable and extensive causes of dissension existing in the province, the dispute of the various Protestant denominations for the funds reserved for a " Protestant Clergy,' has not assumed th& importance which it has acquired in Upper Canada. In my account of that province, I shall give a more detailed explanation uf the present position of this much-disputed question. I have reason to know, that the apprehension of measures tending to establish the predominance of a particular creed and clergy, hr>.3 produced an irritation in this province, which has very nearly deprived the crown of the support of some portions of the British po- pulation, in a period of very imminent danger. I mu8t therefore most strongly recommend, that any plan by which the question of Clergy Reserves shall be set at rest in Upper Canada, should also be extended to the lower province. The endowments of the Catholic church, and the services of its numerous and zealous parochial clergy, have been of the greatest benefit to the large body of Catholic emigrants from Ireland, who have relied much on the charitable as ".vol: as religious aid, which they have received from the priesthood. The priests have an almost unlimited influence over the lower class s of Irish ; and this influence is said to have been very vigorously exerted last winter, when it was mu'-h needed, to secure the loyalty of a portion of the Irish during the troubles. The general loyalty exhibited bf the Irish settlers in the Canadas, during the last winter, and the importance of^ maintaining it unimpaired in future times of difficulty, render it of the utmost moment that the feelings and interests of the Catholic clergy and population, should invariably meet with due consideration from the government. Setting on one side the management of the crown lands, and the revenue derived there- from, which will be treated of fully in another part, it is not necessary that I should, on the nresent occasion, enter into any detailed account of the financial system of Lower Canada, my object being merely to point out the working of the general system of government, as operating to produce the present condition of the province. I neea not inquire whether its fiscal, monetary or commercial arrangements, have been in accordance with the best principles of public economy. But I have reason to believe, that improvement may be made in the mode of raising and expending the provincial revenue. During my stay in Canada, the evils of the banking and monetary systems of the province forced themselves on my attention. I am not inclined, however, to regard these evils as having been in anywise influential in cau- sing the late disorders. I cannot regard them as indicative of any more mismanagement or error, than are observable in the measures of the best governments, with respect to qu&stions of so much difficulty ; and though the importance of finding some sufficient remedy for some of these disorders has, as I shall liereafter explain, very materially influenced my views of the feneral plan to be adopted for the government of this and the other North American colonies, regard the better regulation of the financial and monetary system of the province as a mat- ter to be settled by the local government, when established on a permanent basis. With the exception of the small amount now derived from the casual and territorial funds, the public revenue of Lower Canada is derived from duties imposed, partly by imperial, and partly by provincial statutes. These duties are, in a great proportion, levied upon articles imported into the colony from Great Britain and foreign countries ; they are collected at the principal ports by officers of the imperial customs. The amount of the revenue has within the last four years diminished from about jE150,- 000 to little more than ^100,000 per annum. The diminution is ascribed principally to the de- creased consum ption of spirituous liquors, & some other articles of foreign import, in consequence ef the growth of native manufactures of such articles. Nevertheless, as the permanent expen- diture of tiie civil sovernnient only amounts to about ,£60,000 a year, there remains still a considerable surplus to be disposed of for local purposes, in the mischivjvous manner which I have descri!)ed in the preceding pages. A vigorous and efficient government would find the whole revenue hardly adequate to its necessities ; but in the present state of things, I consider the existence and application of this surplus revenue as so prejudicial, that I should, as the less of two evils, recommend a reduction of the duties levied, were it possible to do this without an equal diminution of the revenue of Upper Canada, which can by no means afford it. The financial relations between these two provinces are a source of great and increas- ing disputes. The greater part, almost the whole, of the imports of Upper Canada entering at the ports of Lower Canada, the Upper Province has urged and established its claim to ^ 8nd Victoria, 1839.] Earl Durham's Report. 45 Ith Parh own inclina* 0U8 equality, the Catholic 'e all, to the I, the dispute Clergy,' has count of that uch-disputed estublish the his province, e British po- recommend, iper Canada, holic church, the greatest much on the The priests I influence is ed, to secure exhibited bf naintaining it I feelings and consideration erived there- bould, on the iwer Canada, vernment, as B whether its ;8t principles made in the id a, the evils attention. I ;ntial in cau- nagement or to questions edy for some views of the can colonies, ice as a mat- itorial funds, mporial, and pon articles ccted at the bout jC150,- ly to the de- consequence nent expen- mains still a ner which I uld find the !, I consider d, as the less this without ird it. ,nd increas- da entering s claim to % \["\ proportion of the duties levied on them. This proportion is settled, from time to time, by commissioners appointed from each province. Lower Canada now receives about three, and Upper Canada obout two fifths of the whole amount ; nor is this the greatest cause of dissen- sion and dissatisfaction. The present revenue of Upper Canada being utterly inadequate to its expenditure, the only means that that province will have of paying the interest of its debt, will be by increasing its Customs' duties. But as these are almost all levied in Lower Canada, this cannot be done without raising the taxation also of the Lower Canadians, who have, as it is, a large surplus revenue. It was for the better settlement of these points of dif- ference, that the union of the two Canadas was proposed in 1822 ; and the same feeling pro- duces a great part of the anxiety now manifested for that measure by a portion of the people of Upper Canada. A considerable revenue is raised from all these provinces by the post-oflice establishment common to all of them, and subordinate to the general post-othce in England. The surplus revenue, which appears from a report of the House of Assembly to amount to no less than £10,000 per annum, is transmitted to England. The Assembly made it a matter of great complaint that, an important internal public institution of the provinces should be entirely regulated and administered by the rulers and servants of an English public olHce, and that 80 large an amount of revenue, raised entirely without the consent of the colonies, in a man- ner not at nil free from objections, should be transmitted to the mother country.* I cannot but say that there is great justice in these complaints, and I am decidedly of opinion that if any plan of an united government of these provinces should be adopted, the control and re- venue of the post-office should be given up to the colony. For the reasons I have before explained, there is hardly the semblance of direct taxation in Lower Canada for general and local purposes. This immunity from taxation has been sometimes spoken of as a great privilege of the people of Lower Canada, and a great proof of the justice and benevolence oi their government. The description which I have given of the singularly defective provision made for the discharge of the most important duties of both the general and the local government will, I think, make it appear that this apporent saving of the pockets of the people, has been caused by their privation of many of the instiiutions which every civilized community ought to possess. A people can hardly be congratulated on having had at little cost a rude and imperfect administration of justice, hardly the semblance of police, no public provision for education, no lighting, and bad pavements in its cities, and means of communication so imperfect, that the loss of time, and wear and tear caused in taking any article to market, may probably be estimated at ten times the expence of good roads. — , If the Lower Canadians had been subjected, or rather had been taught lo subject themselves, to a iViuch greater amount of taxation, they would probably at this time have been a much wealthier, a much better governed, a much more civilized, and a much more contented people. UPPER CANADA. The information which I have to give respecting the state of Upper Canada not having been acquired in the course of my actual administration of the government of that province, will necessarily be much iess ample and detailed than that which I have laid before your Majesty respecting Lower Canada. My object will be to point out the principal causes to which a general observation of the province induces me to attribute the late troubles ; and even this task will be performed with comparative ease and brevity, inasmuch as I am spared the labour of much explanation and proof, by being able to refer to the details which I have given, and the principles which I have laid down, in describing the institutions of the Lower Province. At first sight it appears much more difficult to form an accurate idea of the statf of Upper, than of Lower Canada. The visible and broad line pf demarcation which separates parties by *" The privilege of frnnking, possessed by a few public officers in (his province, is of a singular kind. For, as it U necessary for ihe public service that such a privilege should be exercised, and as the English Office nccords no im- munities to the functional ies of a Colonial Government, the postage is charged on all franked letters', and ihe provin- cial treasury has to pay the amount over to the post office. This, in fact, destroys in a great measure the utility of the privilege for public purposes; because public officers are nuwillingto use the post for their communicaiions, when their doing so diminishes the revenues of the province. •y ■ ■ ;) • »"-* Vl m ». , ' ' Ws ■ >' 1 ;• I ■•f-i,. rt^ ■ '/.>■' A" ■V' .''■ I lu \arate parts are connected, and which they arc accustomed to follow in sentiment and action ; nor is there that habitual intercourse between the inhabitants of different parts of the country, which, by dillusing through all a knowledge of the opinions and interests of each, makes a people one and united, in spite of extent of territory and dispersion of population. Instead of this, there are many petty focal centres, the c. "^ntiments and the interests (or at least what are fancied to be so) of which are distinct, and perhaps opposed. It has been stated to mo by intelligent persons from England, who had travelled through the province for purposes of business, that this isolation of the ditferent districts from each other was strikingly apparent in all attempts to acquire information in one district respecting the agricultural and commer- cial character of another ; and that not only were very gross attempts made to deceive an inquirer on these points, but that even the information which hod been given in a spirit of perfect good faith, generally turned out to be founded in great misa|)prehension. From these causes a stranger who visits any one of these local centres, or who does not visit the whole, is almost necessarily ignorant ol matters, a true knowledge of which is essential to an accurate comprehension of the real position of parties, and of the political prospects of the country. The political contest which has so long been carried on in the Assembly and the press, appears to have been one exhibitin<}; throughout its whole course the characteristic features of the purely political part of the contest in Lower Canada ; and, like that, originating in an unwise distribution of power in the constitutional system of the province. The financial dis- putes which so long occupied the contending parties in Lower Canada, were much more easily and wisely arranged in the upper province ; and the struggle, though extending i^elf over a variety of questions of more or less importance, avowedly and distinctly rested on the delnand for responsibiUty in the executive government. In the preceding account of the working of the constitutional system in Lower Canada, I have described the effect which the irresponsibility of the real advisers of the governor had in lodging permanent authority in the hands of a powerful party, linked together not only by common party interests, but by personal ties. But in none of the North American provinces has this exhibited itself for so long a period, or to such an extent, ns in Uftper Canada, which has long been entirely governed by a party commonly designated through the province as the " family compact," a name not much more appropriate than party designations usually are, inasmuch as there is, in truth, very little of family connection among the persons thus united. For 8 long time this body of men, receiving at limes, accessions to its numbers, possessed al- most all the highest public offices, by means of which, and of its influence in the Executive Council, it wielded all the powers of government ; it maintained influence in the Legislature by means of its predominance in the Legislative Council ; and it disposed of the large num- ber of petty posts which are in the patronage of the government nil over the f)rnvince. Suc- t.osaive governors, as they came in their turn, are said to have either submitted quietly to its influence, or, after a short and unavailing struggle, to have yielded to this well -organized party the real conduct of affiiirs. The bench, the magistracy, the high offices of the Episcopal church, and a great part of the legal profession, are filled by the adherents of this party ; by trrant or purchase they have acquired nearly the whole of the waste iands of the province; they are all-powerful in the chartered banks, and, till lately, shared among themselves almost tclusively all offices of trust and profit. The bulk of this party consists, for the most part, • native-born inhabitants of the colony, or of emigrants who settled in it before the Inst war with the United States ; the principal members of it belong to the church of England, and exci ([uen prin( body espe dispi appi; latk Pari The quar- rels, it bat, in common with on another ; ho very party aionH seeking he avowals of cause of such an attempt to o difficulty of mivo frontier, rce, have, ap- rith which all lentiment and It parts of the rests of each, )f population, its (or at least toon stated to ) for purposes »gl V opparent and commer- :o deceive an in a s(iirit of From these lit the whole, a an accurate country. nd the press, istic features inating in an financial dis- » much more ending i^elf rested on the wer Canada, 'overnor had • not only by in provinces mada, which >vince as the tisually are, thus united. lossessed al- e Executive Legislature large num- ince. Suc- juietly to its nized party e Episcopal s party; by e province; ?lves almost e most part, the lf»t war ngland, and dnd Victoria, 1830.] j^arl Darham'i Report. the maintananco of the claims of that ohiireh hai alwayi been one of iu dUtinguuhing cb*- racteristics. A mono|H]ly of power so extensive and so lasting could not fail, in process of time, to excite envy, create dissatisfaction, and ultimately provoke attack ; and an onposition conae- <|uently grew up in the Assembly, which assailed the ruling party, by anpeoJing to {Kinular 1»rincip!c8 of government— by denouncing the alleged jobbing and prolusion of the official tody — and by instituting inijuiries into abuses, for the purpose of promoting reform, and especially economy. The question of the greatest importance, raised in the course of these disputes, was thut of the disposal of the Clergy Reserves ; and, though difl'eront modes of applying these lands, or rather the funds derived from them, were suggested, the reformers, or opposition, wcro generally very successful in their appeals to the people against the project of the tory, or official party, which was that of devoting them exclusively to the mnintonanco of the English Episcopal church. The reformers, by successfully agitating this and various economical <|ue8tions, obtained a majority. Like almost all popular colonial parties, it mana- ged its power with very little discretion and skill — offended a large number of the constitu- encies — and, being baflled by the Legislative Council, and resolutely opposed by all the i)ersonal and official influence of the official body — a dissolution again placed it in a minority m the Assembly. This turn of fortune was not confined to a smgle instance ; for neither i>arty has for some time possessed the majority in two successive parliaments. The present IS th^ tif ill of these alternating Houses of Assembly. The reformers, however, at last discovered that success in the elections insured them very little practical benefit ; for the official party, not being removed when it failed to com- mand a majority in the Assembly, still continued to wield all the powers of the Executive (ioverninent — to strengthen itself by its patronage — and to influence the policy of the Colonial Governor, and the Colonial Department at home. By its secure majority in the Legislative Council, it could effectually control the legislative powers of the Assembly It could chose its own moment for dissolving hostile assemblies : and could always insure, or those that were favourable to itself, the tenure of their seats for the full term of four years allowed by th||,law. Thus the reformers found that their triumph at elections could not, in any way, facilitate the progress of their views, while the executive government remained constantly in the hands of their opponents. They rightly judged that, if the higher offices and the Executive Council wcro always held by those who could command a majority in the Assembly, the constitution of the Legislative Council was a matter of very little moment : inasmuch as the advisers of the Governor could always take care, that its composition should be modified, so as to suit their own purposes They concentrated their powers, therefore, for the purpose of obtaining tho responsibility of the Executive Council ; and I cannot help contrasting the practical good sense of the English reformers of Upper Canada, with the less prudent course of the French majority in the Assembly of Lower Canada, as exhibited in the different demands of consti- tutional change, most earnestly pressed by each. Both, in fact, desired the same object- namely, an extension of popular influence in the government. The Assembly of Lower Can- ada attacker* the Legislative Council"*— a body, of which the constitution was certainly the most open <,o obvious theoretical objections on the part of all the advocates of popular institu- tions; but, for the same reason, most sure of finding powerful defendants at home. The re- formers of Upper Canada paid little attention to the composition of the Legislative Council, and directed their exertions to obtaining such an alteration of the Executive Council as might have been obtained without any derangement of the constitutional balance of power ; but they well knew, that if once they obtained possession of the Executive Council, and the higher offices of the province, the Legislative Council would soon be unable to offer any effectual resistance to thci.- meditated reforms. It was upon this question of the responsibility of the Executive Council, that the great struggle has, for a long time, been carried on between the official party and the reformers ; for the official party, like all parties long in power, was naturally unwilling to submit itself to any such responsibility as would abridge its tenure, or cramp its exercise of authority.— Reluctant to acknowledge any responsibility to the people of the colony, this paity appears to have paid a somewhat refractory and nominal submission to the Imperial Government — ; relying, in fact, on securing a virtual independence, by this nominal submission to the distant authority of the colonial department, or to the powers of a Governor, over whose jjolicy they were certain, by their facilities of access, to obtain a paramount influence. The views of the great body of reformers appear to have been limited, according to their favourite expression, to the making the colonial constitution "an exact transcript of that of 1 ■i\ ^''^ ■'f iffil '" >• -"hi- 7'-'''ff .;.:.if 48 Earl Durham's Report. [4tb Sen. 13th ParL m Great Britain" ; and they only deiired that the Cruwn ihould, in Upper Canada, a« at home, intrust the adminiitrdtion of affattit to men iioMeasing the confidence of the AMennbly. It cannot be doubted, however, that there wore rnanv oC the party who witthed to aswimiiate the inttitutiona of the province rather to ihoie of the United Btutes than to tho^e of the mother country. A few persons, chiefly of American origin, ap|)ear to have entertained thcMc dcsians from the outset; but the number had at last been very much increaHcd by the d«>flpnir which many of those who started with moru limited views, conceived of their being ever carried into eiloct, under tho existing form of government. Eacli party, while it possessed tho ascenduncy, has been accused by its opponents of having abused its power over the |)ul)li(: funds, in lliose nuuleH of locnl jol)l)iiig wliicli I have descrilied as so common in (he Norlii American colonies Thi», perhaps, is •*> be attributed partly to tho circumstances adverted to above, as increasing the diiliculty of obtaining any accurate information as to tlib real circuinstaticus of the province. From these causes it too often happened, that the members of the House of As.senil)ly lome to the meeting of the legislature ignorant of the real character of the general intercuts intrusted to llieir guardian- ship, intent only on promoting sectional oIiJhcm, and anxious cliielly to secure lor liit; county thoy happen to represent, or the district with which lliey arc connected, us large a proportion as possible of any funds which the legislature may have at its disposal. In Upper Canada, however, the means of doing this were never so extensive as those possessed by the Lower Province ; and the great works which the province commenced on a \cry e.s, has, fortunately for itself, been compelled to establish a system of local assessments, ami to leave local works, in a great measure, to the energy and means of tho localities themselves. It is asserted, however, that the nature of those great works, and tho manner in which they were carried on, evinced merely a regard for local interests, and a disposition to strengthen party influence. The inhabitants of the less thickly peonled districts complained, that the revenues of the province were employed in works by which only the frontier po[iulation would benefit. The money absorind by undertakings which they described as disproportioncd to tho resources and to the wants of the province, would, they alleged; have sufficed to establish |)ractical)le means of communication over the whole country ; and they stated, apparently not without foundation, that had this latter course been pursued, the i)oj)ulation and the resources of the province would have been so augmented as to make the works actually undertaken both useful and profitable. The carelessness and profusion which marked the execution of these works, the management of which, it was complained, was intrusted chiefly to i.iembers of the ruling party, were also assumed to be the result of a delil)enite purpose, and to be permitted, if not encouraged, in order that a few individuals might be enriched at the expense of the commu- nity. Circumstances to which I shall hereafter revert, by which the further progress of these works has been checked, and the large expenses incurred in bringing ihein to their present state of forwardness have been rendered unavailing, have given greater force to these com- plaints, and, in addition to the discontent produced by the objects of the expenditure, the governing party has been made responsible for a failure in the accomplishment of these objects, attributable to causes over which it had no control. But, to whatever extent these Eractices may have been carried, the course of tho purliamentary contest in Upper Canada as not been marked by that singular neglect of the great duties of a legislative body, which I have remarked in the proceedings of the parliament of Lower Canada. The statute book of the Upper Province abounds with useful and well-constructed measures of reform, and presents an honourable contrast to that of the Lower Province. While the parties were thus struggling, the operation of a cause, utterly unconnected with their disputes, suddenly raised up a very considerable third party, which began to make its appearance among the political disputants about the time the quarrel was at its height. I have said that in Upper Canada there is no animosity of races ; there is nevertheless a dis- tinction of origin, which has exercised a very important iniluence on the composition of parties, and appears likely, sooner or later, to become the prominent and absorbing elemeut. of political division. The official apd reforming parties, which I have described, were both composed, for the most part, and were almost entirely led, by native-born Canadians, American settlers or emigrants, of a very ancient date ; and as one section of this, more 'ancient population, possessed, so another was the only body of persons that claimed, the management of affairs, and the enjoyment of offices conferring emolument or power, until the extensive emigration from Great Britain which followed the disastrous period of 1825 and 1826, changed the state proi pret the int ■eek i3tli ParL Sod Vietoria, 1 839.] fiarl Durbam'a Report. t- t *T ■ H tJ » -<■■ > ' - I I- 1 1 ^ ■ ■ ■^^^■P'WWW ■^^F"^"^W^¥ I, ON at home, iMembly. It aswimilate the >i' tUo roodher theae deaigna e«pair which over carried of)ponent8 of vliiili I have \ni nttrihutcd ilttuiiiiiig any caiist's jt too i'('tirii{ of the •ir giinrdiiiij- !• tilt! county II profwrtioij per Cfinada, f the Lower c'luk'd scale, )lii.s revenue, !• itself, been S ill a great owever, that on, evinccti lence. The ;he province The money irces and to le means of Ibundafion, le province useful and works, the ' the ruling tted, if not he cornmu- ess o( these leir present these com- iditure, the lit of these xtent these ler Canada ody, which atutc book cform, and aconnected an to make height. I less a dis- 1 of parties, of p:ilitical composed, an settlers population, of aflairs, emigration d the state of thingii, by luddenly doubling the pnpultttion, and introducing among the ancient diipultnto fof power un entirely new elate of {leriunf. The iiew-cninert, however, did not ftir o leeg time aiiiienr an a dinlinvt porty io the |K>tilic> qf' Upper Canada. A large number of tiie higher oIomi of oaiigruiit*, {larticularly tli<5 iiall-pny olrihcer^ who were induced to settle in thii province, hud lielonged to the tory parly in Eiiglaml, and, in conformity with their aiicteot predilectionf, iinturuily arrayed ihemaelvei on the aide of iho nfKcial party, contending with the roprewiitativoH of the people. The iiiam of the liuinbler order o( emigrant*, uccustonMNt in the mother country to complain of the corruption mid prolusion of the government, and to ■eek for n reform of ubuiiea by increasinij the (Nipuliir iiitiuence in thu repreHentniivo body, arrayed dieinjiulveit on the aide of those who repreitented lliu people, and attacked oligarchical power and aliuneN ; but there waa alill a great ditlcreiico of opinion between each of the two Canadian pnrtien, and that aection of the Uriiirih which lor a while acted with it. Each of the Conadiiin piirtien, while it diHered with the other alKint the tenure of political {Kiwora in the colony, desired almoat the wiine decree of practical independence of the mother country; each felt and each betrayed in ita political conduct a jcalouHy of the emiurants, and a wish to maintain the [lowertt of ollico and the eiiioluiiients of the profeHsioim in tno hands of persons horn or long reitident in the cobiny. The Hritixh, on the contrary, to whichever party they belong, ap|Hiar to iigree in desiring that the connexion with the mother country should be drawn cIoily distrust of liis sincerity, and tlicy accordingly accepted office. Among the first acts of the Governor, after the appointment of this council, was, however, the nomination to some vacant offices of individuals, who were taken from the old official party, and this without any communication with his council. These appointments were attacked by the House of Assem- bly, and the new Council, finding that their opinion was never asked upon these or other mat- ters, and that they were seemingly to be kept in ianorance of all those public measures which popular opinion, nevertheless, attributed to their advice, remonstrated privately on the subject with the Governor. Sir Francis desired t!u.*m to make a formal representation to him on the subject; thfy did eo, and this produced such a reply from him, as left them no choice but to resign. The occasion of the difference which had caused the resignation was made the sub- ject of communication between the Governor and the Assembly, so that the whole community were informed of the grounds of the dispute. The contest which appeared to be thus commenced on the (juestion of the responsibility of the Executive Council was really decided on very different grounds. Sir F. Head, who appears to have thought that the maintenance of the connexion with Great Britain depended upon his triumph over the majority of the assembly, embarktd in the contest with a deter- mination to use every influence in his power in order to bring it to a successful issue. He suc- ceeded, in fact, in putting the issue in such a light before the province, that a great portion of the people really imagined that they were called upon to decide the question of separation by their votes. The dissolution, on which he ventured when he thought the public mind suf- ficiently ripe, completely answered his expectations. The British, in particular, were roused by the proclaimed danger to the connexion with the mother country ; they wrere indignant ■ i ■4 ... VI W '.'. ' I /^/,. at wino portioiu of th« ooaduol ud fpMobet of oeruin iiMinbtn of Um late m^rity, which Momed to mark a datarmiiMd prafervnoa of Amarioan over Briliak insuiutiona. Thay wata irrilatad by indioatioiw of boatility to firitiah amiaration, which thay Mw, or faooiad they mWi in tome recent proceeding* of thia Aaaambiy. Above all, not oaiv thay, but a great nuuiy others, had marked with envy the Mupandoua public work* which were at that jueriod pro- ducing their eti'ect in the almost marvellous growth sf the wealth and tiopulation ut the neigh- bouring state of Now York ; and they reproached the Assembly witn what they considered an unwise economy in nreventing the undertaking, or even completion, of similar works, thh might, AM they fancied, nave produced a similar development of the resources of Upper Can- ada. The general supiMirt of the Ilritish detormined the elections in favour of the Govern- ment ; and thuugli vury iurgo and close minorities, which in many cases sup|M)rted the defeated candidate*, marked tlie force which the reformers could bring into tne held, even in spite of tho dinudvuntugen undL'i- which they laboured from the momentary prejudices against them, and tho unuHiml manner in which the Crown, by its «-epresantative, appeared to make itself a party in an olcctiniutoiiiig contest, the result was the return of a very large majority, hostile in |)olitics to that of the late AsHembly. It is rutlier singulrir, however, that the result which Sir F. Head appears really to have aimed at, was by no means secured by this apparent triumph. His object in all his previous mensiires, iind in tho nomination of tho Executivo Councillors, by whom he replaced the retiring members, was evidently to make the council a means of administrative inde})endence for tho Governor. 8ir P. Head would seem to have been, at the commencement of his udministrntion, really dcHirnus of eiVocting certain reforms which he believed to be neodfiil, and of rescuing tho Hul>Htnntial |)owcr of the government from the hands of the party by which it had been so long nionopoiized. Tho dismissal of tht old members of the Executive Council wns tlio con8e(|ii(«hould obtain a preponderaaoe in the Assemb'y. latbParL Vority, which Th«y w«r« lied they mw, k great many a jperiod pro- or the neigh- sy coniidered ir works, thb ' Upper Can- r the Govern- 1 the defeated en in spite of against them, make itself a rity, hostile in eally to have I his previous replaced the independence !ement of his ) be neodful, irty by which utive Council the piirpoao overnors had lavo a really ie conceived, I independent nttcinpted to rom charges grounds, he 9ert its right nosed to nsk Is, and virtu- . na he justly fely through nto the truth hcse charges likI by whom n question to ver attempt- ed to secure, und in office In their IS the power >t meeting of J to establioh hich he had > have taken Jen, the real Sir F. Head the present egara to the r, is not con- tbey expect ich a change ment alone, itever party fltod Victoria, 1890.] Earl Durham'a Report. While the nominal government tbiM p ossesses no real power, the legislature, by wl lenders the substantial power is enjoyed, by no means posses s e s so muoh of the oonfidenoe ot the people as a legislature ought to oonimaiod, even from those who differ from- it on the que*- tions of the day. I say this without meaning to cast any imputation on the members ol th« House of Assembly, becaust*, in fact, the oiroumstanoes under which they were elected were such as to rend«*r th'in peculiarly objects of suspicion and reproach to a number of their countrymen. They were accused of having violated their pledges at the election. It is said that many of them came forward, and were elected, as being really reformers, though oppo- sed to any such clainw to colonial inde|)endence as might involve a Hepnration from the mother country. There seems to be no doubt that in several places where the tories succeeded, the electors were merely desirous of returning members wlio would not hazard any contest with England, by the assertion of ciaimH which, from the prockmatioo of the Lieutenant Governor, they believed to be practically needless; and who shoukl support ISir F. Ueati in those econ- omical reforms which the country desired far more than |)olitical changes— reforms, for the sake of which alone |x)litical changes bud been sought. In a number ol other instances, too, the elections wore carried by the unscrupulous exercise of the intluonco of the government; and by a display of violence on the part of the tories, who were emboldened by the counte- nance afforded to them by the authorities. It was stated, but I believe without any sufficient foundation, that the government made grants of land to personii who had no title to them, in order to secure their votes. This refmrt originated in the fact, that patents for persons w' . were entitled to grants, but had not taken thcrn out, were sent down to the polling plaoeK, ti; be given to the individual entitled to tlium, if they were dis|>oHed to vote for lliu government candidate. The taking such measures, in order to secure their fair right of voting to the electors, in a particular interest, must be considered rather as an act of official favouritism, than as an electoral fraud. But we cannot wonder that the defeated party put the very W)rsi construction on acts which gave some ground for it; and they conceived, in consequence, n strong resentment against the moans by which they believed that the representative of the crown had carried the elections, his interference in which in any way was stigmatised by thecn as a gross violation of constitutional privilege and propriety. It cannot be matter of surprise, that such facts and such impressions pro • * "I *i I .1 ' t v.'v ■'«' '.■ir\ A6 Earl nurlimn's Report [4Ui Seu. t3th Part «. ^:!. ▼ioott. But the general loyahy of tke population ha* been evinced hy the little «]i«posHioa diat hm been exhibited by any portion of it to accept of the pruflbred aid ol the refugeea' and fordgn iovaJeVs, and by the enanimiiy with which all have turned out tu defend their country. It has not iadeed, liceo exactly ascertained what proportion of the inhabitanta of Upper Ceoada were preitored to join Mackenzie, in his treasonuble enterprise, or were so disposed tlMtwe may supjiose they would have arrayed themselves on hia side, liiid ho obtained any momeatary success, os indeed was for some days within his grasp. Even if I were convinced UiBl a large proportion of the population would, under any circumstances, have lent them- •clveete his projects, I should be inclined to attribute such a disposition merely to the irrita- HtM fNToduce^ by those temporary causes of distiatisfaclion with the government of the pro- . vince which I have t>peciH>?U, and not to any settled design on the part of nny great number, eitWr to subvert existing institutions, or to change their present connection with Great Britain ibr a junction with the United States. I am inclined to view the insurrectionary movements which did take piece as indicative of no deep-rooted disuflection — and to believe, ihut almost the entire body of the reformers of this province sought only, by constitutional menns. to ob- tain those objects for which they bad so long peaceably struggled, Iwlbre the unhappy trou- blea oecasioned by the violence of u few un})rincipled adventurers and heated enthusiasts. It cannot, however, be doubled, that the events of the past year have greatly increase'] the difficulty of settling the disorders of Upper Canada. A degree of discontent, npnrnr!fmg, if not amounting to disafliBclion, has gained considerable ground. The cau.'es of dissatisfhc- tion continue to act on the minds of the rell)rmer8 ; and their hope of redress, under the present order of things, has been seriously diminished. Tiie exasperation causf. and iheir coantry. ints of Upper e so disposed obtuined any :i'e convioccd e Jent them- to I he irrita- nt of the pro- jreat number, Great Britain y movements e, I hut almost meiins, to ob- inhnppy trou- thusiaots. itly increase'] r, npnr»c!img, \ii' (iissatisihc- ss, vinder the uisr.d by the tie by the' tri- nssions which |)osely inxnted drawn into a icir error. It c real guilt of body of their own mto pri- era were sub- hose political our of which, jly engaged a IS signed, it is the prisoners rdinate actors highest pitch, ime, [)artially risoners were who had fl^d irn in security local govern- tlie propriety g irritation. c as very con- Use m by — has )f government 1 to use these rivate feelings ti and serious . all, a general gradually re- e sudden pre- ssuraed during ind I have no ous of separa- of all hopes of i-. obtaining real administrative power, even in the event of their again obtaining a majority in the Assembly. With such a hope before them, I believe that they will remain in tranquil expectation of the result of the general election, which cannot be delayed beyond the sum- mer of 1840. To describe the character and objects of the other parties in this province would not be very easy ; and their variety and complication is so great, that it would be of no great advan- tage were I to explain the various shades of opinion that mark each. In a very laboured essay, which was published in Toronto, during my stay in Canada, there was an attempt to classify the various parties in the province under six diH'crunt heads. Some of these were classified according to strictly political opinions — some according to religion— and some ac- cording to birth-place ; and each party, it was obvious, contained in its ranks a great many who would, according to the designations used, have as naturally belonged to some other. — But it is obvious, from all accounts of the ditferent parties, that the nominal government, that is, the majority of tue Executive Council, enjoy the confidence of no considerable party — and that the party called the " Family Compact," which possesses the majority in both branches of the legislature, is, in fact, supported at present by no very kuyo number of persons of any party. None are more hostile to them than the greater part of that large and spirited British born population, to whose steadfast exertions the preservation of the colony, during the last winter, is mainly attributable — and who see, with indignation, that a monopoly of power and profit is still retained by a small body of men, which seems bent on excluding, from any participation in it, the British emigrants. Zealously co-operating with the dominant party, in resisting treason and foreign invasion, this portion of the population, nevertheless, entertains a general distrust and dislike of them ; and though many of the most prominent of the British emigrants have always acted, and still invariably act, in opposition to the reformers, and dissent from their views of responsible government, 1 am very much inclined to think that they, and certainly the great mass of their countrymen, really desire such a responsibility of the government, as would break up the present monopoly of office and influence. Besides those causes of complaint, which are common to the whole of the colony, the British settlers have many peculiar to themselves. The emigrants who have settled in the country within the last ten years, are supposed to comprise half the population. They complain that while the Canadians are desirous of having British capital and labour brought into the colony, by means of which their fields may be cultivated, and the value of their unsettled possessions increased, they refuse to make the colony really attractive to British skill and British capital- ists. They say that an Englishman, emigrating to Upper Canada, is practically as much an alien in that British colony, as he would be if he were to emigrate to the United States. He may equally purchase and hold lands, or invest his capital in trade, in one country as in the other, and he may in either exercise any mechanical avocation, and perform any species of manual labour. This, however, is the extent of his privileges ; his English qualifications avail him little or nothing. He cannot, if a surgeon, licensed to act in England, practise without the license of a board of examiners in the province. If an attorney, he has to submit to an apprenticeship of five years, before he is allowed to practise. If u barrister, he is excluded from the profitable part of his profession; and, though allowed to practise at the bar, the per- mission thus accorded to him is practically of no use in a country where, as nine attorneys out often are barristers also, there Can be no business for a mere barrister. Thus a person who has been admitted to the English bar, is compelled to serve an apprenticeship of three years to a provincial lawyer. By an Act passed last session, difficulties are thrown in the way of the employment of capital in banking, which have a tendency to preserve the monopoly possessed by the char- tered banks of the colony, in which the Canadian party are supreme — and the influence of which is said to be employed directly as an instrument for upholding the political supremacy of the party. Under the system, also, of selling land, pursued by the government, an indi- vidual does not acquire a patent for his land until he has paid the whole of the purchase- money — a period of from four to ten years, according as his jjurchase is a Crown or Clergy lot ; and until the patent issues he has no right to vote. In some of the new states of America, on the contrary, especially in Illinois, an individual may practise as a surgeon or lawyer almost immediately on his arrival in the country — and he has every right of citizenship after a resi- dence of six months in the state. An Englishman is therefore, in effect, less an alien in a foreign country, than in one which forms a part of the British empire. Such are the superior advantages of the United States at present, tnat nothing but the feeling, that in the one country *■,.,■: •1 4 m t •'• I-: A" ^1 •'■;jVl 111 v/v-^i ■,■•':> -; 4!:' 54 Earl Darham's Report. [4th Seis. 13th ParL he is among a more kindred people^under the same laws— and in a society whose habits and sentiments are similar to those to which he has been accustomed — can induce an English* man to settle in Canada, in preference to the States ; and if in the former he is deprived of rights which he obtains in the latter, though a foreigner, it is not to be wondered at that he should, in many cases, give the preference to the land in which he is treated most as a citizen. It is very possible, that there are but few cases in which the departure of an Englishman from Upper Canada to the States, can be traced directly to any of these circumstances in particular ; }'et the state of society and of feeling which they have engendered, has been among the main causes of the great extent of re-emiarration to the new States of the Union. It operates, too, still more to deter emigration from England to the provinces : and thus both to retard the advance of the colony, and to deprive the mother-country of one of the principal advantages, on account of which the existence of colonies is desirable — the field which they aQuni for the employment of her surplus population and wealth. The native Canadians, however, to what- ever political party they may belong, appear to be unanimous in the wish to preserve these exclusive privileges. The course of legislation, since the tide of emigration set most strongly to the country, and while under its influence the value of all species of property was rising, and the resources of the province were rapidly, and (for the old inhabitants) profitably devel- oped, has been to draw a yet more murkod line between the two classes, instead of obliterat- ing the former distinctions. The law excluding English lawyers from practise is of recent origin. The speaker of the reforming House of Assembly, Mr» Bidwell, was among >h© strongest opponents of any alteration of that law, which might reader it less rigidly exclusive — and, on more than one occasion, gp.ve his casting vote against a bill having for its object the admission of an English lawyer tj practise in the province^ witboal serving a previous appren- ticeship. This point is of more importance in a colony than it would at first sight appear to any one accustomed only to sucu a state of society as exists in England. The members of the legal profession are, in effect, the leaders of the people, and the class from which, in a larger proportion than from any other class, legislators are taken. It is, therefore, not merely a monopoly of profit, but, to a considerable extept, a monopoly of power — which the present body of lawyers contrive, by means of this exclusion, to secure to themselves. No man of mature age, emigrating to a colony, could aflTord to lose five years of his life in an apprentice^ ship from which he could acquire neither learning nor skill. The few professional men, therefore, who have gone to Upper Canada, have turnetl their attention to other pursuits, retainin". h 'wever, a. strong feeling of discontent agamst the existing order of things. And many w.c plight have emigrated remain at bomCi or seek some other colxMiy, where their course is f/ot impeded by similar restrielions. But as in Upper Canada, under a law passed immediately after the last war with the United States, American citizens are forbidden to hold land, it is of the more consequence that the country should be made as attractive as possible to the emigrating middle classes of Great Britain, the only class from which an accession of capital, to be invested in the purchase or improvement of lands, can be hoped for. The policy of the law just referred to may well be doubted, whether the interests of the colony or of the mother country are considered, since the wealth and activity, and consequent commerce of the province, would have been greatly augmented, had its natural advantages of soil and position been allowed to operate in attract- ing those who were most aware of their existence, and eminently fitted to aid in their deve- lopement; and there is great reason to believe, that the uncertainty of the titles which many Americans possess to the land on which they have squatted since the passing of this law, is the main cause of much of the disloyalty, or rather very lukewarm loyalty, evinced by that population in the Western District. But when this exclusion has been determined upon, it would at least have been wise to have removed everything that might have seemed like an obstacle in the way of those for whom the land was to be kept open, instead of closing the principal avenues to wealth or distinction against them, in a spirit of petty provincial jealousy. The great practical (question,, however, on which these various parties have for a long time been at issue, and which has within a very few months again become the prominent matter in debate, is that of the Clergy Reserves. The prompt and satisfactory decision of this questioon is esse&tlal to the pacification of Canada ; and as it was one of the most important questions referred to me for investigation, it is necessary that I should state it fully, and not shrink from making knowa the light in which it has presented itself to my mind. The disputes on this subject are now of long standing. By the constitutional act, a certain portion of the land in every township was set apart for the maintenance of a " Protestant Clergy." In that portioit of this report whiek tr«a.t» of the maDagcBteBt oC th« waste lands, the eeeaoaiical ■U0ekie& m 13th Pari. whoie habitt se an English* I deprived of ed at that he «t as a citizen, glishman from in particular ; )ODg the main operates, too» to retard the il advantages^ afiunl for the ever, to what- reserve these most strongly y was risings >(itably devel- 1 of obliterat- is of recent IS among the y exclusive — ts object the vious appren- ;ht appear to members of i which, in a •e, not merely 1 the present No man of n apprentice^ isaional men-, ler pursuit?, things. And where their t-ar with the equence that sses of Great purchase or may well be idered, since been greatly te in attract- 1 their deve- which many f this law, is iced by that ned upon, it med like an ' closing the cial jealousy. F a long time mt matter in his questioon mt questions shrink from puteson thia the land in that portion al Buscki«£» Sad Victoria, 1 839.] Earl Durham'g Report. 'm'i which have resulted from this aopropriation of territory are fully detailed ; and the preaent disputes relate solely to the application, and not to the mode of raisinff the funds, which are now derived from the sale of the CMergy Ileserves. Under the term " rrotestant Clergy," the clergy of the Church of England have always claimed the sole enjoyment of the funds. The members of the Church of Scotland have claimed to be put entir&ly on a level with the Church of England, and have demanded that these funds should be equally divided between both. The various denominations of Protestant dissenters have asserted that the term includet then and that out of these funds an equal provision should be made for all Christians who do not belong to the Church of Rome. But a great body of all Protestant denominations, and the numerous Catholics who inhabit the province, haye maintained that any such favour to- wards any one, or even all the Protestant sects, would be most unadvisable, and have either demanded the equal application of those funds to the purposes of all religious creeds whatso- ever, or have urged the propriety of leaving each body of religionists to maintain its own establishment, to repeal or disregard the law, and to apply the clergy funds to the general purposes of .the government, or to the support of a general system of education. The supporters cf these diflerent schemes having long contended in this province, and greatly inconvenienced the Ii»perial government by constant references to its decision, the ecretary of Stale for the Colonies.proposed to leave the determination of the matter to the provincial legislatures, pledging the Imperial government to do its utmost to get a parliamen- tary sanction to whatever course they might adopt. Two bills in consequence passed the last House of Assembly, in which the reformers had the ascendancy, applying these funds ta the purposes of education ; and both these bills were rejected by the Legislative Council. During all this time, however, though much irritation had been caused by the exclusive claims of the Church of England, and the favour shown by the government to one, and that a small religious community, the clergy of that church, though an endowed, were not a domi* nant priesthood. They had a far larger share of the public mo..ey than the clergy of any other denomination, but they had no exclusive privileges, and no authority, save' such as might spring from the efficient discharge of their sacred duties, or from the energy, ability or influ- ence of members of their body. But the last public act of Sir John Colborne before quitting the government of the province in 1835, which was the eslabliskmeot of the fif*^^y-seven rec- tories, has completely changed the aspect of the question. It is understood that every rector- iK>s3esses all the spiritual and other privileges enjoyed by an Rngli.'jh rector ; and that though, he may have no right to levy tithes, (for even this has been made a question) bo is in all other respects in precisely the same position as a clergyman of the established church' in England. This is regarded by all other teachers of religion in the country as having at once degraded them to a position of legal inferiority to the clergy of the Church of England ; and it has been resented most warmly. In the opinion of many persons, this was the chief predisposing cause of the recent insurrection, and it is an abiding and unabated cause of discontent. Nor is this to be wondered at. The Church of England in Upper Canada, by numbering in its- ranks all those who beloncr to no other sect, represents itself as being more numerous than any single denomination of christians in the country,. Even admitting, however, ihe justice of the principle upon which this enumeration proceeds, and giving that church credit for all that it thus claims, its number couTu not amount to one-third, probably not a fourth, of the population. It is not, therefore, to be expected that the other sects, three at least of whom — the Methodists, the Presbyteriaus, and the Catholics — claim to be individually more numerous than the Church of England, should acquiesce quieuy in the supremacy thus given to it. And it is equally natural that the English Dissenters and Irish Catholics, remembering the position which they have occupied at home, and the long and painful struggle through which alone they have obtained the imperfect equality they now possess, should refuse to acquiesce for themselves in the creation of a similar establishment in their new country, and thus to be- queath to their children a strife as arduous and embittered as that from vvihich they, have so recently and imperfectly escaped. But for this act, it would have been possible, though highly impolitic, to have allowed' the clergy reserves to remain' upon their forn»er undetermined and unsatisfactory footing. — But the question as to the application of this property must now be settled, if it is intended that the province is to be free from violent and perilous agitation. Indeed, the whole contro- versy, which has been, in a great measure, suspended by the insurrection, was, in the course of last summer, revived wiita more heat than ever by the most inopportune arrival in the colony of opinions given by the English, law officers of the Crown, in favour of the legality of' the establishmeul « the rectories;. Since that period the questdon ha» again absorbed publie :| ■•M • t 4 m ■^-'^ t:-^;^ ; /'J.i ■ . ■ :* ' ■M •H. r'..,v'.'t' 66 Earl Durham's Report. [4th Seas. 13th Park t>!l^? M i^ sttention : and it is quite clear that it is upon this practical point that issue most sooner or later be joined on all the constitutional questions to which I have previously adverted. I am well aware that there are not wanting some who represent the agitaticm of this question as merely the result of its present unsettled character, and who assert, that if the claims of the English church to the exclusive enjoyment of this property were established by the Imperial Parliament, all parties, however loud their present pretensions, or however vehement their first complaints, would peacefully acquiesce in an arrangement which would then be inevitable. This might be the case if the establishment of some dominant church were inevitable. But it cannot be necessary to point out that in the immediate vicinity of the United States, and with their example before the people of Canada, no injustice, real or iimcied, occasioned and supported by a British rule, would be regarded in this light. The result of any determination on the part of the British government or legislature to give one sect a predominance and superiority would be, it might be feared, not to secure the favoured sect, but to endanger the loss of the colony, and, in vindicating the exclusive pretensions of the English church, to hazard one of the fairest possessions of the British Crown. ^ I am bound, indeed, to state, that there is a degree of feeling, and an unanimity of opinion, on the question of ecclesiastical establishments, over the northern part of the continent of America, which it will be prudent not to overlook in the settlement of this question. The superiority of what is called ' the voluntary principle' is a question on which 1 may almost say that there is no difference of opinion in the United States ; and it cannot be denied that on this, as on other points, the tone of tliought prevalent in the Union has exerted a very con- siderable itiHuence over the neighbouring provinces. Similar circumstances, too, have had the effect of accustoming the people of both countries to regard this question in a very different light from that in which it appears in the old world ; and the nature of the question is indeed entirely different in old and new countries. The apparent right which time and custom give to the maintenance of an ancient and respected institution cannot exist in a recently settled country, in which every thing is new ; and the establishment of a dominant church there is a creation of exclusive privileges in favour of one out of many religious denominations, and that composing a small minority, at the expense, not merely of the majority, but of many as large minorities. The church, too, for which alone it is proposed that the state should provide is the church which, being that of the wealthy, can best provide for itself, and has the fewest poor to supply with gratuitous religious instruction. Another consider-tion which distin- guishes the grounds on which such a question must be decided in old anu new countries is, that the state of society in the latter is not susceptible of such an organization as is necessary for the efficiency of any church establishment of which I know, more especially of one so constituted as the established church of England ; for the essence of the establishment is its parochial clergy. The services of a parochial clergy are almost inapplicable to a colony where a constantly varying population is widely scattered over the country. Any clergy there must be rather missionary than parochial. A still stronger objection to the creation of a church establishment in this colony is, that not merely are the members of the church of England a small min«)rity at present, but, inas- much as the majority of emigrants are not members of the church of Engkind, the dispropor- tion is likely to increase, instead of disappearing, in the course of time. The mass of British emigrants will be either from the middle classes of Great Britain or the poorer classes of Ire- land, the latter almost exclusively Catholics, and the former in a great proportion either Scotch Presbyterians or Enrtlish Dissenters. It is most important that this question should be settled, and so settled as to give satisfac- tion to the majority of the people of the two Canadas, whom it equally concerns: and I know of no mode of doing this but by repealing all provisions in imperial Acts that relate to the application of the clergy reserves, and the funds arising from thorn, leaving the disposal of the funds to the local legislature, and acquiescing in whatever decision it may adopt. The views which I have expressed on this subject sufficiently mark my conviction, that, without the adoption of such a course, the most mischievous practical cause of dissension will not be removed. I feel it my duty, also, in this, as in the Lower Province, to call especial attention to the policy which has been, and which ought to be, pursued towards the large catholic population cf the province. On this subject I have received complaints of a general spirit of intolerance and disfavour towards all persons of this creed, to which I am obliged to give considerable credit, from the great respectability and undoubted loyalty of those from whom the complaints 13th Pari last sooner or verted. I am is question as claims of the ' the Imperial jhement their I be inevitable, svitable. But d States, and ccasioned and determination >minance and endanger the sh church, to ity of opinion, ! continent of lesiion. The may almost 3 denied that d a very con- 00, have had very different tion is indeed J custom give :ently settled rch there is a ions, and that nany as large lid provide is 19 the fewest A'hich distin- countries is, is necessary y of one so ihmeiit is its to a colony Any clergy ilony is, that nt, but, inas- le dispropor- iss of British lasses of Ire- ither Scotch live satisfac- and I know relate to the sposal of the The views without the will not be intion to the ; population ' intolerance considerable B complaints dnd Victoria, 1839.] Earl Durham's Report. M were received. Bishop McDonell, the venerable Roman Catholic Bishop of Kingston, and Mr. Manahan, M. P. for the county of Hastings, have made repreitentations in letters, which will be given in the appendix to this report. The catholics constitute at least a fifth of the whole population of tipper Canada. Their loyalty was most generally and unequivocally exhibited at the late outbreak. Nevertheless, it is said that they are wholly excluded from all share in the government of the country and the patronage at its disposal. "In Upper Canada," says ^ir. Manahan, "there never was one Irish Roman Catholic an executive or legislative councillor, nor has one been ever appointed to any public situation of emolument and profit in the colony." The Irish Catholics complain very loudly and justly of the existence of Orangism in this colony. They are justly indigent that, in a province which their loyalty and bravery have materially contributed to save, their feelings are outraged by the symbols and processions of this association. It is somewhat difficult to understand the nature and objects of the rather anomalous Oringism of Upper Canada. Its members profess to desire to uphold the protes- tant religion, but to be free from those intolerent feelings toward their catholic countrymen which are the distinctive marks of the Irish Orangemen. They assert that the main object, to which the support of the English church is subsidiary, is to maintain the connexion with Great Britain. They have sworn, it is said, many ignorant Catholics into their body ; and at their public dinners, after drinking the " pious, glorious, and imortal memory," with all the usual formality of abuse of the catholics, they toast the health of the Catholic Bishop, Mac- donell. It would seem that their great purpose has been to introduce the machinery, rather' than the tenets, of orangeism ; and the leaders probably hope to make use of this kind of permanent conspiracy and illegal organization to gain political power for themselves. In fact, the Catholics scarcely appear to view this institution with more jealousy than the reformers of the province. It is an Irish Tory institution, having not so much a religious as a political bearing. The Irish Catholics who have been initiated have entered it chiefly from its snp- posed national character, and probably with as little regard to the political as to the religious objects, with which it is connected. Still the organii'.ation of this body enables its leaders to exert a powerful influence over the populace ; and it is stated that at the last general election' the tories succeeded in carryi' ^ more than one seat by means of the violence of the organized mob thus placed at their disposal. It is not, indeed, at the last election only that the success of the government candidate has been attributed to the existence of this association. At for- mer elections, especially those for the county of Leeds, it is asserted, that the return of the Canadian Deputy Grand Master, and of the then Attorney-General, his colleague, was pro- cured by means of a violent and riotous mob of Orangemen, who prevented the voters in the opposition interest from coming up to the poll. In consequence of this and other similar out-, riges, the Assembly presented an address to Sir Francis Head, begging " that his Excellency, would be pleased to inform the house whether the government of the |)rovince had taken, or determined to take, any steps to prevent or discourage public [)rocession3 of Orange societies, or to discourage the formation and continuence of such societies." To this address the Gover- D>r made the following reply ; — " The government of this province has neither taken, nor has. it determined to take, any steps to prevent or discourage the formation or continuance of such societies." It is to be presumed that this answer proceeded from a disbelief of the truth of, those charges of outrage and riot which were made the foundation of the address. But it can excite no surprise that the existence of such an institution, offending one class by its contemp-* tuous hostility to their religion, and another by its violent opposition to their politics, and which . had been sanctioned by the governor, as wa.«« conceived, on account of its political tendencies, should excite among both classes a deep feeling of indignation, and add seriously to the dis- trust with which the government was regarded. In addition to the irritation engendered by the position of parties, by the specific causes of dispute to which I have adverted, and by those features in the government of the colony which deprive the people of all power to effect a settlement of the questions by which the country is most deeply agitated, or to redress abuses in the institutions or in the administra- tion of the province, there are permanent causes of discontent, resulting from the existence of deep-seated impediments in the way of its industrial progress. The province is without any of those means by which the resources of a coimtry are developed, and the civilization of a people is advanced or upheld. The general administration of justice, it is true, appears to be much better in Upper than in Lower Canada. Courts of justice, at least, are brought into every man's neighbourhood by a system of circuits, and there is still some integrity in in - ' *l '■jm i'i',^' ■^k ■\ ny .'•-■■i;V'? '• , J* I* ., i. :. ' <« '' ':V^:^ ■li"" _->^>r?/ '■ 1 -''J 1 l!^ .-^ 1 M Earl Durham's Report. [4th Soss. i 3th Pari. juries. But there are general complaiats of the uiiioa of political aad judicial fwictiona in the Chief Justice ; not because any suspicion attaches to that judge's discharge of his duties, but on account of the party grounds upon which his subordinates are supposed to be appoin- ted, and the party bias attributed to them. Complaints, too, similar to those which I have adverted to in the lower province, are made against the system by which the sheriffs are op- jKtinted. It is stated that th(7 are selected excluaively from the friends or dependents of the ruling party; that very insufficient securities are taken from them; and that the money ari- sing from executions and sales, which are represented as unhappily very numerous in this province, generally remains in their hands for at least a year. For refisons also which I have specified iti my account of the lower province, the composition of the magistracy appears to Uc a serious cause of mischief and dissatisfuctiuu. But, independently of these sources of complaint, are the im{>ediments which I have mentioned. A very considerable portion of the province has neither roads, post-offices, mills, Mohools, nor churches. The people may raise enough for their own subsistence, and may even have a rude and comfortless plenty, but they can seldom acquire wealth ; nor can even wealthy iand-owners prevent their children from growing up ignorant and boorish, and from occupying a far lower mental, morul and social position than they themselves fill. Their means of com- munication with each other, or the chief towns of the province, are limited ond uncertain. With the exception of the labouring class, most of the emigrants who have arrived within the last ten years are poorer now than at the time of their arrival in the province. There is no adequate system of local assessment to improve the means of communication ; and the funds occasionally voted for this pur|K)se are, under the present system, disposed of by a House of Assembly which represents principally the interests of the more settled districts, and which, it is alleged, has been cliicHy intent in making their disposal a means of strengthening the in- Huence of its members in the constituencies which they represent. These funds have conse- quently almost always been ap[)lied in that part of the country where they were least needed ; .ind they have been too frequently expended so as to produce scarcely any perceptible advan- tages. Of the liinds which were originally appropriated for the support of schools through- out the country, by far the most valuable portion has been diverted to the endowment of the University, from which those only derive any benefit who reside in Toronto, or thosr who having a large assured income, are enabled to maintain their children in that town at an ex- {^ense which has been estimated at JCfiO per annum for each ciiild. Even in the most thickly jHjdpled districts, there are but few schools, and those of a very inferior character ; while the tnare remote settlements are almost entirely without any. Under such circumstances there is little stimulus to industry or enterprise, and their ertfect is aggravated by the striking contrast presented by such of tlie United States as border upon this province, and where all is activity and (irogress. I shall hereafter, in connection with the disposal of the public lands, advert to circumstances affecting not Upper Canada merely, but the whole of our North American colonies in an almost equal decree, which will' illustrate in detail the causes and results of the more prominent of these evils. I have referred tt} the topic in this place, in order to notice the inevitable tendency of these inconveniences to aggravate whatever discontent may be produced by purely political causes, and to draw attention to the fact, that those who are most satisfied with the present political state of the province, and least disposed to attribute economical injuries or social derangement to the form or the working of the government, feel and admit that there must have been something wrong to have caused so striking a difference in progress and wealth, between Upper Canada and the neighbouring States of the Union. I may also observe, that those evils afllect chiefly that portion He« here, hut which have been continued in the province after the English monopoly has been removed. It is not that these laws have any appreciable effect in raising the price of the commoditiaa in question-~almost all used in toe province is smuggled across the frontier— but their opera* tion is at once injurious to the fair dealer, who is undersold by persons who have obtained their articles in the clieaper market of the United States, and to the province, which can neither regulate the traffic, nor make it a source of revenue. It is probable, indeed, that the firesent law has been allowed to continue through inadvertance ; but if so, it is no very satis- actory evidence of the core or information of the Imperial Government, that it knows or ieels so little the oppreiwive influence of the laws to which it subjects its dependencies. Another, and more difficult topic connected with this subject is, the wish of this province that it should be allowed to make use of New York as a port of entry. At present the rate of duty upon all goods coming from the United States, whatever may be their nature, or the port in Europe from which they have been shipped, is such as to compel all importers to receive the article of their trade through the bt. Lawrence, the navigation of which river opens generally sjveral weeks later than the time at which goods may he obtaikied in all the parts of Upper Canada bordering upon Lakb Ontario, by way of Oiiwego. The dealer, therefore, must submit to an injurious delay in his business, or must obtain his goods in the autumn, and have his capital lying dead for six months. Either of these courses must lessen the amount of traffic, by diminishmg the quantity, or increasing the price, of all commodities; and the mischief is seriously enhanced by the monopoly which the present system places in the hands of what are called the ' forwarders' on the St. Lawrence and the Rideau Canal. — If goods mi^ht be shipped from England to be landed at New York in bond, and to he admitted into Upper Caiiada free of duty upon the production of a certificate from the officer of customs at the English port from which they are snipped, this inconvenience would be removed, and the people of the province would in reality benefit by their connexion with England in the superior cheapness of their articles, without paying for it as highly as they do at the jweaent in the limitation of their commerce. I have already stated, in my account of L'wer Canada, the difficulties and disputes which are occasioned by the financial relations of the two provinces. The state of affiurs, however, whicu causes these disputes is of far greater practical mischief to Upper Canada. That province, some years ago, conceived the very noble project of removing or obviating all the natural im|«dih'.ents to the navigation of the St. Lawrence; and the design was to make these works on a scale so commensurate with the capabilities of that broad and deep river, as to enable sea-going vessels to navigate its whole course to the head of Lake Huron. The design was, perhaps, too vast, at least for the first effort of a state at that time comparativelv HO small and poor ; but the boldness with which the people undertook it, and the immense sacrifices which the^' m'ade in order to achieve it, are gratifying indications of a spirit which bids fair hereafter to render Upper Canada as thriving a country as any state of the American Union. The House of Assembly, with this object in view, took a large portion of the shfires of the Welland Canal, which had been previously commenced by a few enterprising individu- als. It then commenced the great ship canal, called the Cornwall Canal, with a view of enabling ships of considerable draught to avofd the Long Sault Rapids ; and this work was, at an immense outlay, broaght very far towards a completion. It is said that there was great mismanagement, and perhaps no httle jobbing, in the application of the funds, and the execu- tion of the work. But the greatest error committed was the undertaking the works in Upper, without insuring their continuation in Lower Canada ; for the whole of the works in the Upper province, when completed, would be comparatively, if not utterly useless, without the execution of similar works on that part of the St. Lawrence which lies between the prcuviuce line and Montreal. But this co-operation the Lower Canadian Assembly refused or osglec- ted to give ; and the works of the Carnwall Canal are now almost suspended, from jbbe.appai- eut inu 'Iky of completing them. The necessary expense of these great undertakings was very large ; and the prodigality superadded thereto has increased it to such nii extent, that this province is burdened with a debt of more than £1,000,000 ; the whole revenue, which is about X60,000, being hardly ade- quate to pay the interest. The provinee has already been fortunately obliged to throw the whole support of the few and imperfect local works which are carried on in different parts of the province, on local assessments; but it is obvious that it wiU soon be obliged to' have recourse to direct taxation, to meet its ordinary civil expenditure ; for the custom duties caa> • » ft «i ' H ■ J i :^| •'■ ' I 1 1 ■ I!' •U 1 V ■ ., .■A-i:» \''!k '■.'\ f'M eo Earl Durham's Report. [4th Sess* I3th Pari. not be increaaed without tlie consent of Lower Canada ; and that consent it m useless to ex- pect from any House of Assembly chosen under the suspended constitution. The canals, of which the tolls would, if the whole series of ncceNsaiy works were cumpleted, in all probability ri.ider the past outlay u source of profit, instead of loss, remain in a state uf almost hopeless Husfiension ; the Cornwall canal being untinisbed, and the works already completed daily fal- ling into decay, and the Welland Canal, which has been a source of greul commercial benefit, being now in danaer of becoming useless, from want of money to make thu necoHsary repairs. Af\er all its great nopes, and all the great sacrifices which it has made to reali/.e them. Upper Canada now finds itself loaded with an enormous debt, which it is denied the means of raismg its indirect taxation to meet, and mocked by the aspect of those unfinislied works, which some small combined efforts might render a source of vast wealth and prosperity, but which now are a source of useless expense and bitter disappointment. It may well b'^ believed that such a state of things is not borne without repining by some of the most enterprising and loyal people of the province. It is well known that the desire of getting over these difficulties has led many persons in this province to urge the singular claim to have a convenient portion of Lower Canada taken from that province and nnnexed to Upper Ca'iada ; and that it induces many to desire an union of the provinces as the only efficient meai;:: of settling all these disputes on a just and permanent footing. But it cannot be matter of surprise, that in despair of any suflicient remedies being provided by the Imperial Government, many of the most enterprising colonists of Upper Canada look to that bordering country, in which no great industrial enterprise ever feels neglect or exfierieiices a check, and that men the most attached to the existing form of government would find some compensation in a change, whereby experience might bid them hope that every existing obstacle would bo speedily removed, and each man's fortune share in the progressive prosperity of a flourishing state. A dissatisfaction with the existing order of things, produced by causes such as I have described, necessarily extends to many who desire no change in the political institutions of the province. Those who most admire the form of the existing system wish to see it admin- istered in a very different mode. Men of all parties feel that the actual circumstances of the colony are such as to demand the adoption of widely dilTerent measures from any that have yet been pursued in reference to them. They ask for greater firmness of purpose in their rulers, and a more defined and consistent policy on the y)art of the government — something, in short, that will make all parties feel that an order of things has been establiihed, to which it is necessary that they should conform themselves, and which is not to be subject to any unlooked for and sudden interruption, consequent upon some unforeseen move in the game of politics in England. Hitherto, the course of policy adopted by the British government towards this colony, has had reference to the slate of parties in England, instead of the wants and circumstances of the province: neither party could calculate upon a successful result to their struggles for any particular object, because, though they might be able to Cjtimate accurately enough their strength in the colony, they could not tell how soon some hidden spring might be put in motion in the Colonial OfHce in England, which would defeat their beat laid plans, and render utterly unavailing whole years of jiatient effort. m i THE EASTERN PROVINCES, AND NEWFOUNDLAND. Though I have stated my opinion that my inquiries would have been very incomplete had they been confined to the two Canadas, the information which I am enabled to communicate . witn respect to the other North American colonies is necessarily very limited. As, however, in these provinces, with the exception of Newfoundland, there are no such discontents as threaten the disturbance of the puclic tranquillity, I did not think it necessary to institute any minute inquiries into the details of the various departments of government. It is only neces- ' sary that I should state my impression of the general working of the government in these col- onies, in order that if insitutions similar to those of the disturbed provinces should here appear to be tending to similar results, a common remedy may be devised for the impending as well as for existing disorders. On this head I have obtained much nseful information from the communications which I had with the Lieutenant Governors of these colonies, as well as with . individuals connected with them, but above all, from the lengthened discussions which passed between me and the gentlemen who composed the deputations sent to me last autumn from each of Uie, three Eastern Provinces, for the purpose of discussing the principles .as well a* h Pari. less to ex- canals, of >robability a liopelesH 1 daily fal- :ial bencHt, ry renairs. en), Up|>er ) oi' raising trhich some kvhich now ig by some I ho desire ho singular id pnnexcd as the only t it cannot ic Imperial : bordering check, and rnpensation c would bu flourishing h as I hav9 ilitutions of e it admin- inces of the \f that have )se in their aomethme. 1, to which ect to any he game of jovernment f the wants ul result to :o cjtimate )me hidden lefeat their mplete had immunicato , 3, however, contents as istitute anv only neces- ' n these col- lere appear ling as well n from the veil as with . hich passed utumn from 3 as well a* 2nd Victoria, 1839.] Earl Durham'i Report. 61 details of a plan of general government ibr the whole of the British North American colonies. It was most unfortunate that the events of temporary, but pressing importance, which com- pelled my return to England, interrupted theue discussions ; but the delegated with whom I nad the good fortune to carry them on, woru gentlemen of so much ability, so high in station, and so patriotic in their views, that their information could not fail to give me a very fair view of the working of the colonial constitution under somewhat different circumstances in each. I insert in the appendix a communication which I received from one of the gentlemen, Mr. Young, a loading and very active member of the House of Ashcmbly of Nova Scotia, respecting that province. It is not necessary, however, that I should enter into any lengthened account of the nature or working of the form of government established in these provinces, because in my account of Lower Canada I hove described the general characteristics of tho system common to all, and adduced the example of these provinces in illustration of tho defects of their com- mon system. In all these provinces we find representative government coupled with an irre- sponsible executive; we find the same constant collision between the branches of the govern- ment ; the same abuse of the powers of the representative bodies, owing to tho anomaly of their position, aided by the want of good municipal institutions, and tho same constant interfer- ence of the imperial administration, in matters which should be left wholly to the provincial- governments. And if in these provinces there is less formidable discontent, and less obstruc- tion to tho regular course of government, it is becaus.) in them there has boon recently a considerable departure from the ordinary course of the colonial system, and a nearer approuch to sound constitutional practice. This is remarkably the case in New Brunswick, a province which was till a short time ago one of the most constantly harrassed by collisions between the executive and legislative powers; the collision has now been in part terminated by the ouccssioii of all the revenues of the province to the Assembly. The policy of this concession, with reference to the extent and mode in which it was made, will be discussed in the separate report on the disposal and management of public lands ; but the policy of the government in this matter has at any rate put an end to disputes about the revenue, which were on the point of producing a constant Karliamentary conflict between the crown and the* Assembly, in many respects like that which OS subsisted in Lower Canada; but a more important advance has been made >'c;vvaidd the practice of the British const; ition in a recent change which haij been made in the Executive and Legislative Councils of. the colony, whereby, as I found from the representatives of th3 present official body in the delegation from New Brunswick, the administrative power of the province had been taken out of the hands of the old official party, and placed in those of members of the former liberal opposition/ The constitutional practice had been, in fact, ''ully carried into effect in this province ; the government had been taken out of the hands of those who could not obtain :he assent of the majority of the Assembly, and placed in the hands of those who possessed Its confidence : the result is, that the government of New Brunswick, till lately, one of the most difHcult in the North American colonies, is now the most harmonious and easy. In Nova Scotia, some, but not a complete, approximation has been made to the same judicious course. The government is in a minority in the House of Assembly, and the As- sembly and the Legislative Council do not perfectly harmonize. But the questions which divide parties at present happen really to be of no great magnitude, and all are united and zealous in the great point of maintaining the connection with Great Britain. It will be seen from Mr. Young's paper, that the questions at issue, though doubtless of very considerable importance, involve no serious discussion between the government and the people. The ma- jority of the opposition is stated by the official party to be very uncertpin, and is admitted by themselves to be very narrow. Both parties look with confidence to the coming general election ; and all feel the greatest reliance on the good sense and good intentions of the pre- sent Lieutenant Governor, Sir Colin Campbell. I must, however, direct particular attention to the following temperate remarks of Mr. Young on the constitution of the Executive and Legislative Councils : — " The majority of the House of Assembly is dissatisfied with the composition of the Executive and Legislative Councils, and the preponderance in both of interests which they conceive to be unfavourable to reform ; — this is the true ground, as I take it, of the discontent that is felt. The respectability and private virtues of the gentlemen who sit at the two • « ' ' 1 .• V \M [■'.'■0 f 'V, >..-t if' .♦'»■■ ^j*' Council lioiirdH, aro admitted by all; it is oftliuir political and |)orsonal prediloctions that tho puoplu (-()iii|)iiiin ; they d'*Mro reforming and liberal priucipluit to be more I'ully reprwaeiiteii and advocated there, aa they aro in the AsHcmbly. " The majority of the House, while they appreciate and have dcknowled{j[cd the anxiety of His Excellency tho Lieutenant-Govt^rnor to grutii'y their iust expectutioiiH, have uImo expressed their dissatisfaction that tho C'liurch of England should have bt.'on suilereil lo retain '^ miyority in both councils, notwithstanding the remonstrances of the Iioumd and t.li(3 precise and explicit directions of tho Coloniut Secretary. Religious disitcn^ions are huppily unknown amongst us, and the true way to prevent their growth tind increase, is to avoid conferring un inordinate power on any one sect, however worthy it may bo of respect or luvour." The political history of Prince Edward's Island is contained in the .s)Mteiii pursued with regard to its seitlemcnt, and the appropriation of its lands, which is fully detuiled in the subse- quent view of that department of government in the North Aniericiin Colonies; und itf post and piesent disorders are but the sad result of that futiil error which stifled its i)rosperity in tho very cradle of its existence, by giving up tho whole island to a handful ol di. tant proprie- tors. Against this system, this small and powerless community has in vain been strnggling for some years ; a ffvv active and influential proprietors in London have been able to drown tho rem instrances and defeat the ellbrts of a distant und petty province ; Ibr the ordinary evil> of distance are, in the instance of Prince Edward's Island, aggravated by the scantiness of its population, and the confined extent of its territory. This island, most advantageously situated for the su[)ply of the surrounding colonies, and of all the fisheries, |)09sesse8 a soil peculiarly adofUed to the production of grain, and, from its insular position, is blessed with a climate fur mi.rj genial than a great part of tho continent which lies to tho southward. Had its natural adv-intnijres been turned to pro| tr account, it might at this time have been the granary of the Uiifi.sh colonics, and, instead of barely supporting u poor and enterprising popu- lation of 40, )00, its more afjiricultural resources would, according to Major Head, have main- tained in abundance a population of at least ten times that number. Of nearly 1,400,000 ocres contained in this island, only 10,000 are said to be unfit for the plough. Only 100,000 are now under cultivation. No one can mistake the cause of this lamentable waste of the means of national wealth. It is tho jujssession of almost tho whole soil of the island by absentee pro- prietors, kvho would neither promote nor permit it3 cultivation, combined with the defective goveriiiTieMl which first caused and has since perpetuated tho evil. The simple legislative remedy for oil this mischief having been suggested by thi30 successive secretaries of state, has been embodied in an act of the local legislature, which was reserved for the royal assent ; and the influence of the proprietors in London was such, that that assent was for a long time withheld. The question was referred to nie during my stay in Canada : and 1 believe I may have the satisfaction of attributing to the recommendation which I gave, in accordance witn the earnest representations of the Lieut-Governor, Sir Charles Fitzroy, the adoiuion at last of a measure intended to remove the abuse that has so long retarded the prosperity of this colony. The present condition of these colonies presents none of those alarming features which mark the slate of the two Canadas. The loyalty and attachment to the mother country which animate their inhabitant past iro8|terit)' in lilt projiric- a 8tr..BgHng •le t«) drown ho ordinary ic Hcaatiness iintitgeously i-sesHcs a soil 388ed with u vurd. Had ve been the riHing popu- have main- )0,000 acres 100,000 are •i' the means mentee pro- he defective e legislative ries of state, uyal assent ; a longtime ;lieve I may rdance with )tion at last erity of this It is n (lingular and melancholy feature in the condition of theto provincnii, thtt the reiiourceH rendurcd of rio little avail to the population of (iroat Hritain are turh«>d to better account by the cntoi i>riHing inhabitant! uf thu (Jnitod State*. While the einigrtition from the province in inrgu and constant, thu adventurouN farmers of Now England crosii the frontier and occupy *lie bust tiiriiiing lands. Their lif«h(!rmun enter our bays and rivors, and in some cases monoiKjJixo the occupations of our own unemployed countrymen, and a grcut portion of the triulo of tlir St. John's is in their litindH. Not only do the citizens of a foreign nation do this, but thoy do il wiih Uriiisl'. ca[iital. Major Head states, "that an Amnricp.ii merchant acknowledged to bun lliiit the caiiitul with which his countrymen carried on their enterprises in the neigbbonrliood ot' Ht Johns, wua cbif^ily sujiplied by (ircat Britain; and," bo adds, as a fact within his own knowledge, " that weultfiy cnpilaliMts at lialifux, desirous of an investment for their mop'iy, preferred lending it in the United Hintes to ap|)lyii)g it tu speculation in New Brunswick, or to lending it to ihoip own rountrymen in thot provmce." I rerret to .xriy tbnt Major Head also gives the same account respecting the diiference between the aspect of things in these iirovmces and the bordering state of Ivfaiiu'. On the other siilc of the line, ^ood roads, good schools, and thriving farms, atlord a iiiortifving contrast to the condition in wliicli a British subject tinds tho neighbouring possessions of the British Crown. With rcsficct to the colony of Newfoundland I have been able to obtain no information whatever, excet)t from sources open to the public at large. The Assembly of that island signified their intention of making an appeal to me respecting some ditferences with the Governor, which had their immediate origin in a dispute with a judge. Owing, probably, to the uncertain and tardy means of communication between Cluebec and that island, I received no further ccniinuniuution on this or any other subject until after my arrival in England, when I received an address expressive of regret at my departure. I know nothing, therefore, of the state of things in Newfoundland, except that there is, and long has been, the ordinary colonial collision between the representative body on one side and the executive on the other; that the representatives have no influence on the composition or the proceedings of the executive government; and that the dispute is now carried on, as in Canada, by impeachments of various public olTicers on the one hand, and prorogations on the other. I am inclined to think that the cause of these disorders is to be found in the same constitutional defects as those which I have signalized in the rest of the North American colonies. If it be true that there exists in this island a state of society which renders it unad- visable that the whole of the local government should be entirely left to the inhabitants, I believe that it would be much better to incorporate this colony with a larger community, than to attempt to continue the present experiment of governing it by a constant collision of con- stitutional powers. } 'i L. ■ VI ,^v^. iures which ler country le resources of them, an >f things is lers or capi- s exhibiting here falling go, at 58. an e," he says, sheer want >!e river St. which con- B backward nces, among f acres, and one inhabi- ated that at > more than DISPOSAL OP PUBLIC LANDS; EMIGRATION. I HAVE mentioned the peculiar importance which, in newly-settled societies, is attached to works for creating and improving thj means of communication. But in such communities, and especially when only a small proportion of the land has been occupied by settlers, there is a still more momentous subject of public concern. I allude to an operation of government, which has a paramount influence over the happiness of individuals, and the progress of society towards wealth and greatness — I am speaking of the disposal, by the government, of the lands of the new country. In old countries, no such matter ever occupies public attention ; in new colonies, planted on a fertile and extensive territory, this is the object of the deepest moment to all, ana the first business of the government. Upon the manner in which this business is conducted, it may almost be said that every thing else depends. If lands are not bestowed on the inhabitants and new-comers with a generous hand, the society endure the evils of an old and over-peopled state, with the superadded inconveniencies that belong to a wild country. They are pinched for room, even in the wilderness— are prevented from choosing the most fertile soils and favourable situations — and are debarred from cultivating that large extent of soil, in proportion to the hands at work, which can alone compensate, in quantity of produce, ^or the rude nature of husbandry in the wilderness. If, on the other hand, the land is bestowed with careless profusion, great evils of another kind are produced. Large tracts become the property of iodivid.. Is, who leave their lands unsettled and untouched. Deserts are thus in- . -Il ■ -i ■ * ' 'T •■ ■■'■1. ; .■ 'i. ■'*■ 64 Earl Durham'! Report. [4tli Seas. 13(li PiirL II I •I lerpoMd belweflti iho inciuatrioai lettleri ; the imtiiral difTicultici of comniunicntion are greatly onhancrd ; the inhabitant* are not merely acattorcd over a wide tpacM ui' country, hut aru ■oparatod from uuch other by imponvablu wuntcii; the cultivator in cut oil' or iur rcinr^ed from a market in which to dinpoHu of Iuh (tiirplua produce, and procure other coinmt ililiei; ami the greatONt obntuclet oxitt to co-o|)oration in labour^to exchange — to the diviitioii oi employ* inontii — to combination lor municipal or other public pur|M)iieit — to the growth of towns — to tiublic worship — to regular education — to the spread of news — to the ucquibition of comnton knowledge — and even to the civilizing inHucnces of mere intercourse ior amusement. Mon- otonous and stdgnunt, mdeed, must ever be the slate of a |>eople who lire permanently con- demned to such separation from each other. If, moreover, the land of a new country is so carelessly surveyed, thai the boundaries of property are incorrectly or iniide(iuutely defined. the government lays up a store of mischievous litigation for the i)€ople. VVhutevor delay takes place in porlecting the titles of individuals to lands alienated by the government, occa- sions equal uncertainty ami insecurity of property. If the acquisition of Tund, in whatever quantities, is made ditHcult or troulilusomo, or is subjected to any necillcss uncertainty or delay, applicants are irritated — settlement is hindered — and immigration to the colony in discouraged, as emigration from it is promoted. If very different methods of proceeding have efl'ect in the same colony, or in different parts of the same group of colonies, the opera- tion of some can scarcely fail to interfere with or counteract the operation of others: so that the object of the government must, somewhere <»r at some time, be defeated. And frequent changes of system are sure to bo very injurious, not only by probably displcnsing those who either obtain land just before, or desire to obtain nomo just after each change, but also by giving a character of irregularity, uncertainty, and even my«»»ry, to the most impoitant pro- ceedings of government. In this way settlement and emigration arc discouraged : inasmuch as the people, both of the colony and of tho mother country, are deprived of all confidence in tho permanency of any system, and of any familiar acquaintance with any of the temporary methods. It would bo easy to cite many other examples of tho influence of government in this mutter. I will but mention one more here. If tho disposal of public lands is adminis- tered partially, with favour to particular persons or classes, a sure result is the anger of all who do not oenofit by such favouritism — (the far greater number, of course) — and conse- quently tho general unpopularity of the government Under suppositions the reverse of these, the best, instead of tho worst, cITects would be produced ; a constant and regular supply of new land, in due proportion to the wants of a population increasing by births and immigration ; all the advantages to which facilities of transport and communication are essential ; certainty of limits, and security of title to pro- ])erty in land ; the greatest facilities in aciiuiring the due quantity ; the greatest encourage- ments to immigration and settlement ; the most rapid progress of the people in material com- fort and social improvement ; and a general sense of obligation to government. What a con- trast do the two pictures present! Neither of them is over-coloured; and a mere glance at both suHices to show, that in the North American colonies of England, as in the United States, the function of authority most full of good or evil consequences has been the disposal of public land. Impressed before my departure from England, with a sense of the great importance of this subject, and indulging a hope, founded on tlie very remarkable success of a new method of disposing of public lands in your Majesty's Australian colonies, that I micht be able to recommend benelii-'ial reforms in the North American provinces, I took precaution for institu- ting a thoroughly etHcient inquiry into the whole subject generally, and in detail ; and I wos the more disposed to do this, because while an inquiry by a select committee of the House of Coinm'ins, in 183G, furnished abundant information on the subject, as respects most parts of your Majesty's colonial empire, thd North American provinces had been specifically excluded from that inquiry ; and I cou^u nub obtain in England any authentic, or at least sufficient in- formation as to the disposal cf public lands in any of them. Within a very short time after my arrival in Canada, the eX|iediency of a searching inquiry into the subject, became more than ever apparent to me. A common belief in the extent of my powers, revived innume- rable complaints of abuse, and applications for justice or favour, which had slumbered during previous years. During n.y residence in the Canadas, scarcely a day passed without rny receiving some petition or representation relating to the Crown Lands Department; and matters belonging to this branch of government necessarily occupied a far larger proportion than any other of my correspondence with the Secretary of State. The information which I now possess was chleBy obtained by means of a commission of inquiry, which, having regard Ill PirL arc greatly ry, l)ui aru ii» >'ctl from

iua; ami .*! employ - towns — to of common ent. Moii- H'litly con- uritry u so ly Jefint'ii, over doluy Dcni, occa- I whatever ertninty or 3 colony i<« proceeding the opera- r8 : so that 1(1 frequent : those who >ut also by ottant pro- inasmuch confidence temporary ernment in is udminis- inger of all and conse- i would he wants of a facilities of itlo to pro- sncourage- tcrial com- 'hat a con- B glance ut ited Statex, ilisposal «>f )ortance of :w method be able to for institu- and I was 3 House of )st parts of f excluded fficient in- time after ;ame more il innume- red during ithout my nent ; and proportion tion which ing regard to the pmhable advantage* of an uniform ayitem for the whole of British North Americt, and in the deep and uriivtrrsnl interest taken in lhi.t subject by the colonists, I iMued in your Ma- jesty 's name, and made applicable to all the provinces. Minutes of the evidence given boforo the commissioners iiru apiwmled to the present re|iort, together with a separate report, con- taining the outline nf n plan for the future ndminiMtration of this alUinllnential department of governtni'ut. If that plan, or any other founded on simil'ir principles, shoul• '"■'i > ' . ■'- •■'*! m Earl Durham's Report. [4th Sess. 13th Pari. m ■^ 'i'v. '.■,.1 '. E2^ l7 complain, as having arisen from mal-administration in this department. Those evils remain wholly unremedied, most of those grievances are unredressed, and not a few of those abuses are unreformed at this hour. Their present existence has been forced on my conviction by indisputable evidence. If they had passed away, I should scarcely have alluded to them. If 1 had any. hope of seeing them removed otherwise than by means of giving them authentic publicity, I should have hesitated to speak of them as I have done. As it is, I should ill per- form the duty which your Majesty wua pleased to confide to me, if I failed to describe them in the ])lainest terms. The results of long misgovernment in this department, are such cs might have been anticipated by any person understanding the subject. The administration of the public lands, instead of always yielding a revenue, cost for a long while more than it produced. But this is, I venture to think, a trifling consideration when compared with others. There is ons in ]iurticular which has occurred to every observant traveller in these regions, which is a con- stunt theme of boast in the states bordenng upon our colonies, and a subject of loud complaint within the colonics. I allude to the striking contrast which is presented between the Ameri- can and British sides of the frontier line, in respect to every sign of productive industry, in- creasing wealth, and progressive civilization. By describing one side, and reversing the picture, the other would be also described. — On the American side all is activity and bustle. The forest has been widely cleared ; every year numerous settlements are formed, and thousands of farms are created out of the waste ; the country is intersected by common roads ; canals and railroads are finished, or in ihe course of formation ; the ways of communication and transport are crowded with peo )le, and enli- ■t ,> vened by numerous carriages and large steamboats. The observer is surprised at the num- l)er of harbours on the lakes and the number of vessels they contain : while brii ges, artificial landing places, and commodious wharves are formed in all directions as soon as required.—- (iood iiousjs, warehouses, mills, inns, villages, towns, and even great cities are almost seen to iMiriug up out of the desert. Every village has its school-house and place of public worship. Every town has many of both, with its township buildings, its book-stores, and probably one or two banks and newspapers ; and the cities, with their fine churches, their great hotels, their exchanges, court-houses and municipal halls, of stone or marble, so new and fresh as to mark the recent existence of the forest where they now stand, would be admired in any port of the old world. On the British side of the line, with the exception of a few favoured spots, where some approach to American prosperity is apparent, all seems waste and desolate. There is but one rail-road in all British America, and that, running between the St Lawrence and Lake Champlain, is only fifteen miles long. The ancient city of Montreal, which is naturally the commercial capital of the Canadas, will not boar the least comparison, in any respect, with Buffalo, which is a creation of yesterday. But it is not in the difference between the larger towns on the two sides that we shall find the best evidence of our own inferiority. — The painful but undeniable truth is most manifest in the country districts through which the line of national separation passes for 1,000 miles. There, on the side of both the Canadas, and also of New Brunswick and Nova Scotia, a widely scattered population, poor, and apparently unenterprising, though hardy and industrious, separated from each other by tracts of interven- ing forest, without towns and markets, almost without roads, living in mean houses, drawing little more than a rude subsistence from ill-cultivated land, and seemingly incapable of im- ])roving their condition, present the most instructive contrast to their enterprising and thriving neighbours on the American side. I was assured that in the eastern townships of Lower Canada, bordering upon the line, it is a common practice for settlers when they wish to meet, to enter the state of Vermont, and make use of the roads there for the purpose of reaching their destination in the British province. Major Head, the assistant commissioner of crown lands' enquiry, whom 1 sent to New Brunswick, states, that when travelling near the frontier line of that province and the state of Maine, now on one side and then on the other, he could always tell on which side he was by the obvious superiority of the American settlements in every respect. Where the two countries are separated by the St. Lawrence and the lakes, the dif- ference is less jierceptible ; but not less in fact, if I may believe the concurrent statements of numerous eye-witnesses, who had no motive for deceiving me. For further corroboration, I might refer indeed to numerous and uncontradicted publications; and there is one proof of tnis sort so remarkable, that I am induced to notice it specially. A highly-popular work, which is known to be from the pen of one of your Majesty's chief funtionaries in Nova Scotia, u1)ounds in assertions and illustrations of the backward and stagnant condition of that province, and the great superiority of neighbouring American settlements. Although the author, with f 3th Pari. evils remain hose abuses )nviction by to them. II' m authentic iould ill per- ;sci-ibe them it have been mblic lands, il. But this ;re is ons in ich is a con- d complaint the Ameri- industry, in- lescribed. — ired ; every " the waste*; I the course le, and enli- at the num- jes, artificial required.*— Host seen to ilic worship, robably one hotels, their I as to mark r part of the ipots, where There is wrcnce and is naturally my respect, >etween the iferiority. — 1 which* the anadas, and apparently of interven- es, drawing >able of im- nd thriving IS of Lower ish to meet, ching their rown lands' itier line of •uld always Its in every es, the dif- itements of )boration, I ne proof of )ular work, ova Scotia, It province, uthor, with 3nd Victoria, 1839.] Earl Durham's Report. 67 a natural disinclination to question the excellence of Government, attributes this mortifying circumstance entirely to the folly of the people, in neglec'ing their farms, to occupy them- selves with complainmg of grievances and abuses, he leaves no doubt of the fact. This view is confirmed by another fact equally indispucable. Throughout the frontier, from Amherstburgh to the ocean, the market value of land is much greater on the American than on the British side. In not a few parts of the frontier this diflference amounts to as much as ],000 per ceut, and in some cases even more. The average difference, as between Upper Canada and the states of New York and Michigan, is notoriously several hundred per cent. Mr. Hastings Kerr of Quebec, whose knowledge of the value of land in Lower Canada is generally supposed to be more extensive and accurate than that of any other person, states that the price of wild land in Vermont and New Hampshire, close to the line, is $5 per acre, and in the adjoining British townships only $1. On this side the line a very large extent of land is wholly unsaleable, even at such low prices ; while on the other side pro])erty is con- tinually changing hands. The price of 23. or 3s. per acre would purchase immense tracts in Lower Canada and New Brunswick. Li the adjoining States it would be difficult to obtain a single lot for less than as many dollars. In and near Stanstcad, a border township of Lower Canada, and one of the most improved, 48,000 acres ol' fine land, of which Governor Sir R. S. Milne, obtained a grant to himself in 1810. was recently sold at the price of 2s. per acre. Mr. Stayner, the deputy post master general, one of the largest proprietors of wild land in Lower Canada, says : " 20 years ago, or thereabout, I purchased wild land at what was then considered a low price, in the natural hope that it would be gradually increasing in value, and that, whenever I might chose to sell, it would be at such a profit as would afford me a fair return for the use of the money employed. So far, however, from realizing this expecta- tion, I now find after the lapse of so many years, when the accumulated interest upon the money invested has increased the cost of the land 150 per cent- — I say I find that I could not, if compelled to sell this land, obtain more for it than it originally cost me." I learned from others besides Mr. Kerr, but quote his words, that " the system pursued in granting crown lands in Lower Canada has been such as to render it impossible to obtain money on mortgage of land, because there is no certainty as to the value : when a sale is forced, there may be a ])erfect glut in the market and no purchasers." Similar statements might be cited in abun- dance. It might be supposed by persons unacquainted with the frontier country, that the soil on the American side is of very superior natural fertility. I am positively assured that this is by no means the case ; but that, on the whole, superior natural fertility belongs to the British territory. In Upper Canada, the whole of the great peninsula between Lakes Erie and Huron, comprising nearly half the available land of the province, consists of gently undu- lating alluvial soil, and, with a smaller proportion of inferior land than probably any other tract of similar extent in that part of North America, is generally considered the best grain country on that continent. The soil of the border townships of Lower Canada is allowed on all hands, to be superior to that of the border townships of New York, Vermont, and New Hamphire ; while the lands of New Brunswick, equal in natural fertility to those of Maine, enjoy superior natural means of communication. I do not believe that the universal difference iw the value of land can anywhere be fairly attributed to natural causes. Still less can we attribute to such causes another circumstance, which in some measure accounts for the different values of property, and which has a close relation to the subject of the public lands — I mean the great amount of re-emigration from the British colonies to the border states. This is a notorious fact. No body denies it ; almost every colonist speaks of it with regret. What the proportion may be of those emigrants from the United Kingdom who, soon after their arrival, remove to the United States, it would be very difficult to ascer- tain precisely. Mr. Bell Forsyth, of Quebec, vvho has paid much attention to the subject, and with the best opportunities of observing correctly in both the Canadas, estimates that proportion at sixty per cent, of the whole. Mr. Hawke, the chief agent for emigrants in Upper Canada, calculates that out of two-thirds of the immigrants by the St. Lawrence who reach that province, one-fourth re-emigrate chiefly to settle in the States. It would appear, however, that the amount of emigration from Upper Canada, whether of new comers or others, must be nearer Mr. Fors3'th*s estimate. The population was reckoned at 200,000 in January 1830. The increase by births^ince then should have been at least three percent, per annum, or 54,000. Mr. Hawke states the number of immigrants from Lower Canada, since 1829, to have been 165,000 ; allowing that these also would have increased at the rate of three per cent, per annum, the whole increase by immigration and births should have been nearly 200,- 000. But Mr. Hawke's estimate of immigrants takes no account of the very considerable number who enter the province by way of New York and the Erie Canal Reckoning these m I*'*.' il H 4 f5: It*. 'r i-'...' mm mmOmmtms ^ Earl Durham's Report [4th Sess. 13th ParL 2ad ik«^ ,> ..t at only 60,000, which is probably under the truth, and making no allowance for their increase by births, the entire population of Upper Canada should now have been 500,000, whereas it is, according ^,o the most reliable estimates, not over 400,000. It would therefore appear, making all allowance tor errors in this calculation, that the number of people who have emi- grated from Upper Canada to the United Stales, since 1829, must be equal to more than half of the number who have entered the province during the eight years. Mr. Baillie, the pres- ent Commissioner of Crown lands in New Brunswick, says, "a great many emigrants arrive in the province, but they generally proceed to the United States, as there is not sufficient Ancouragement for them in this province." Mr. Morris, the present Commissioner of Crown lands, and surveyor-general of Nova Scotia, speaks in almost similar terms of the emigrants who reach that province by way of Halifax. I am far from asserting that the very inferior value of 1 ind in the British colonies, and the re-emigration of immigrants, are altogether occasioned by mismanagement in the disposal of public lands. Other defects and errors of government must have had a share in producing these lamentable results ; but I only speak the opinion of all the more intelligent, and let me add, some of the most loyal of your Majesty's subjects in North America, when I. say that this has been the principal cause oi these great evils. This opinion rests upon their personal acquaintance with ni^.ierous facts. Some oi these facts I will now state. They have been selected from a much greater number, as being peculiarly calculated to illustrate the faults of the system, its influence on the condition of the people, and the necessity of a thorough reform, I may add, that many of them form the subject of despatches which I nave addressed to your Majesty's Secretary of State. I have observed before that nearly all of the different methods pursued by the govern- ment have had one mischievous tendency in particular; they have tended to place a vast extent of land out of the control of government, and yet to retain it in a state of wilderness. — This evil has been produced in all the colonies alike, to that extent, and with what injurious consequences, will be made apparent by the following illustrative statements : — By official returns which accompany this report, it appears that, out of about 17,000,000 of acres comprised within the surveyed districts of Upper Canada, less than 1,600,000 acres are yet unappropriated, and this amount includes 450,000 acres the reserve for roads, leaving less than 1,200,000 acres open to grant ; and of this remnant 500,000 acres are required to satisfy claims for grants founded on pledges by the government. In the opinion of Mr. Raden- hurst, the really acting surveyor-general, the remaining 700,000 consist for the most part of land inferior in position or quality. It may almost be said, therefore, that the whole of the public lands in Upper Canada have been alienated by the government. In Lower Canada, out of 6,169,963 acres in the surveyed townships, nearly 4,0U0,000 acres have been granted or sold ; and there are unsatisfied but indisputable claims for grants to the amount of about 500,000. In Nova Scotia nearly 6,000,000 of acres have been granted, and in the opinion of the surveyor-general only about one-eighth of the land which remains to the Crown, or, 800,- 000 acres, is available for the purposes of settlement. The whole of Prince Edward's Island, about 1,400,000 acres, was alienated in one day. In New Brunswick 4,400,000 acres have been granted or sold, leaving to the Crown about 11,000,000 of which 5,600,000 are considered fit for immediate settlement. Of the lands granted in Upper and Lower Canada, upwards of 3,000,000 acres consist of "clergy reserves," being for the most part lots of 200 acres each, scattered at regular in- tervals over the whole face of the townships, and remaining, with few exceptions, entirely wild to this day. The evils produced by the system of reserving, laud for the clergy have become notorious, even in this country ; and a common opinion I believe prevails here, not only that the system has been abandoned, but that measures of remedy have been adopted. This opinion is incorrect in both points. In respect of every new township in both provmcds reserves are still made for the clergy, just as before ; and the act of the Imperial Farliarnent which permits the sale of Clergy Reserves, applies to only one-fourth of the quantity. The select committee of the House of Commons on the civil oovernment of Canada reported, in 1828, that " these reserved lands, as they are at present distributed over the country, retard more than any other circumstance the improvement of the colony, lying as they do in detached portions of each township, and intervening between the occupations of actual settlers, who have no means of cutting roads through the woods and morasses, which thus separate them from their neighbours." This description is perfectly applicable to the present state of things. In no perceptible degree has the evil been remedied. 3th Pari heir increase 0, whereas it fore appear, lo have emi- ore than half lie, the pres- grants arrive not sufficient ler of Crown le emigrants colonies, and the disposal in producing t, and let me say that this leir personal y have been the faults of ou'jh reform, ;ssed to your the govern- place a vast ''iiderness. — at injurious 1 17,000,000 )0,000 acres )ads, leaving required to Mr. Raden- most part of whole of the ver Canada, eeu granted unt of about e opinion of vn, or, 800,- ird's Island, ► acres have ! considered ,cres consist regular in- ns, entirely clergy have Is here, not en adopted. h provinces Parlia:iient itity. The reported, in ntry, retard n detached ettlers, who >arate them te of things. The system of clergy reserves was established by the act of 1791, commonly called the Constitutional Act, which directed that, in respect of all grants made by the Crown, a quantity equal to one-seventh of the land so granted should be reserved for the clergy. A quantity equal to one-seventh of all grants would be one-eighth of each township, or of all the public land. Instead of this proportion, the practice has been, ever since the act passed, and in the clearest violation of its provisions, to set apart for the clergy in Upper Canada a seventh of all the land, which is a quantity equal to a sixth of the land granted. There have been appropriated for this purpose 300,000 acres, which legally, it is manifest, belong to the public. And of the amount for which clergy reserves have been sold in that province, namely, X317,000 (of whifh about jEIOO.OOO have been already received and invested in the English funds,) the sum of about X45,000 should belong to the public. In Lower Canada, the same violation of the law has taken place, with this diiTerence — that upon every sale of crown and clergy reserves, a fresh reserve for the clergy has been made, equal to a fifth of such reserves. The result has been the appropriation for the clergy of 673,5ti7 acres, instead uf 446,000, being an excess of 227,559 acres, or half as much again as they oui,bt to have received. The Lower Canada fund already produced by sales amounts to ,£50,000, of which, therefore, a third, or about j£16,000. belong to the public. If, without any reform of this abuse, the whole of the unsold clergy reserves in both provinces should fetch the average price at which such lands have hitherto sold, the public would be wronged to the amount of aboat j£280,000 ; and the reform of this abuse will produce a certain and almost immediate gain to the public of £60,000. In referring, for further explanation of thin subject, to a paper in the appendix which has been drawn up by Mr. Hanson, a member of the commission of inquiry which I appointed for all the colonies, I am desirous of stating my own conviction that the clergy have had no part in this great misappropriation of the public; property, but that it has arisen entirely from heedless misconception, or some other error, of the civil government of both provinces. The great objection to reserves for the clergy is, that those for whom the land is set apart never have attempted, and never could successfully attempt, to cultivate or settle the property, and that, by that special appropriation, so much land is withheld from settlers, and kept in a state of waste, to the serious injury of all settlers in its neighbourhood. But it would be a great mistake to suppose that this is the only practice by which such injury has been, and still is, inflicfed on actual settlers. In the two Canadas, especially, the practice of reward- ing, or attempting to reward, public services by grants of public land, has produced, and is still producing, a degree of injury to actual settlers which it is difficult to conceive without having witnesse A .i m In Upper Canada, a very small proportion (perhaps less than a tenth) of the land thus granted, has been even occupied by settlers, much less reclaimed and cultivated. In Lower Canada with the exception of a few townships bordering on the American frontier, which have been comparatively well settled, in despite of the proprietors, by American squatters, it may be said that nineteen twentieths of these grants are still unsettled, and iu a perfectly wild state. No other result could have been expected in the case of those classes of grantees whose station would preclude them from settling in the wilderness, and whose means would enable them to avoid exertion for giving immediate value to their grants ; and, unfortunately, the land which was intended for persons of a [)oorer order, who might be expected to improve it by their labour, has, for the most part, fallen into the hands of land-jobbers of the class just mentioned, who have never thought of settling in person, and who retain the land in its pre- sent wild state, speculating upon its acquiring a value at some distant day, when the demand for land shall have increased through the increase of population. In Upper Canada, says Mr. Bolton, himself a great speculator and holder of wild land " the plan of granting large tracts of land to gentlemen who have neither the muscular strength to go into the wilderness, nor, perhaps, the pecuniary means to improve their grants, has been the means of a large part of the country remaining in a state of wilderness. The system of granting land to the children of U. E. Loyalists has not been productive of the benefits ex- pected from it. A very small proportion of the land granted to them has been occupied or miproved. A great proportion of such grants were to unmarried females, who very readily, disposed of them for a small consideration, frequently from £2 to £5 for a grant of 200 acres. The grants made to young men were also frecjucntly sold for a small consideration ; thev generally had parents with whom they .lived, and were therefore not disposed to move to their grants of land, but preferred remaining with their families. I do not think one-tenth of the lands granted to U. E. Loyalists has been occupied by the persons to whom they were granted, and in a great proportion of cases not occupied at all." Mr. lladenhurst says, "the general price of these giants was from a gallon of rum to perhaps £6, so that while millions of acres were granted in this way, the settlement of the province was not advanced, nr the advantage of the grantee secured in the manner that we may suppose to have been contem- ])lated by government." He also mentions amongst extensive purchasers of those grants, Mr. Hamilton, a member of the Legislative Council, who bought about 300,000 acres; Chief Justices Emslie and Powell, and Solicitor General Grey, who purchased from 20,000 to 50,000 acres: and states that several members of the Executive and Legislative Councils, as well as of the House of Assembly, were "very large purchasers." In Lower Cannda, the grants to " leaders and associates" were made by an evasion of instructions which deserve a particular description. By instructions to the local executive, immediately after the passing of the constitutional act, it was directed that " because great inconveniencies had theretofore arisen in many of the colonies in America from the granting excessive quantities of land to particular persons who have never cultivated or settled the same, and have thereby prevented others more in- dustrious from improving such lands: in order, therefore, to prevent the like inconveniencies in future, no farm-lot should be granted to any person, being master or mistress of a family, in any township to be laid out, which should contain more than 200 acres." The instructions then invest the governor with a discretionary power to grant additional quantities in certain cases, not exceeding 1,000 acres. According to these instructions, 200 acres should have been the general amount: 1,200 the maximum, in special cases to be granted to any individual. The greater part, however, of the land (1,457,200 acres) was granted, in fact, to individuals at the rate of from 10,000 to 50 000 to each person. The evasion of the regulations was mana- ged as follows : — A petition, signed by from ten to forty or fifty persons, was presented to the Executive Council, praying for a grant of 1,200 acres to each person, and promising to settle the land so applied for. Such petitions were, I am informed, always granted, the Council being perfectly aware that, under a previous agreement between the applicants (of which the form was prepared by the then Attorney General, and sold publicly by the law stntioners of Cluebec,) five-sixths of the land was to be conveyed to one of them, termed the leader, by whose meana the grant was obtained. In most cases the leader obtained the whole of the land w'lich had been nominally applied for by fifty persons. A report of a committee of the House of Assembly, known to have been drawn up by the present Solicitor General, speaks of this practice in the following terms : " Your committee unwilling to believa that the above mentioned evasions of his Majesty's gracious instructions had bsen practised with the know- kh Pari. ic land thus In Lower ntier, which squatters, it jri'ectiv wild • nteos whose ould enable uimtelv, the to improve he class just I in its prc- the demand f wild land liar strength Its, has been le system of benefits ex- occupied or ery readily, )f 200 acres, ration ; they to move to ik one-tenth II they were 5t says, "the hiie millions ced, ;ir tho een contem- ^ grants, Mr. icres ; Chief 00 to 50,000 Is, ns well as ill evasion of onstitutional in many of ular persons srs more in- »nveniencies of a family, instructions js in certain d have been f individual, t individuals 1 was mana- ented to the ing to settle the Council if which the stntioners of ! leader, by i of the land ittee of the era], speaks It the above 1 the know- 2rid Victorin, 1839.] Earl Durham's Report. 71 ledge, privity or consent of his Majesty's servants, bound by their oaths, their honour and their «luty to obey ihem, instituted a long and patient investigation into the origin of these abuses. They have been painfully but irresistibly led to 'lie conclusion, that they were fully within the knowledge of individuals in this colony who possessed and abused his Majesty's confidence. The instruments by which thi evasion was to be carried into efl'ect were devised by his Ma- jesty's Attorney General for the time being, printed and publicly sold in tho capital of this ])rovincc ; and the principal intermediate agent was his Majesty's late Assistant Surveyor (jeneral." In order to reward militiamen in Lower Canada, who had served on the frontier during the war, the Duke of Richmond, acting, as it would appear, imder instructions from the home government, but of which no copy is extant in the pul)lic offices at Quebec, promised grants of land to many thousand persons inhabiting all parts of the province. The intentions of the home government appear to have been most praiseworthy. How effectually they have been defeated by the misconduct of the lOcal executive will appear from a report on the subject in the appendix (A.) and the following copy of the instructions given to commissioners whom I appointed in order to expedite the settlement of militia claims. I would also refer to the evidence of Mr. Kerr, Mr. Morin, Mr. Davidson, and Mr. Langevin : — " TO THE COMMISSIONERS OF UNSETTLED MILITIA CLAIMS. " Castle op St. Lewis, Quebec, 12i:i Sept'r. 1838. " Gentlemen — I am directed by his Excellency the Governor General, in furnishing you with some instructions for your guidance in disposing of unsettled militia claims, to state the views which he takes on this subject, and has represented to her Majesty's government. "His Fxcellency is of opinion that, if any reliance is to be placed on the concurrent testimony of all from whom he has derived information on the subject, the report of the Com- missioner of Crown Lands and Emigration, on which his recent proclamation is founded, con- tains but a faint description of the injury inflicted on this province, and of the cruel injustice done to the militiamen, by the manner in which the intentions of the home government with respect to these claimants have been defeated by the local executive. " It apfiears to his Excellency that the intentions of the Prince Regent in awarding land to those officers and men of the militia who had loyally and gallantly served during the last American w:tr, were, in part, to promote the settlement of wild lands, and the consequent prosperity of the province, but chiefly, there can b?, no doubt, to bestow upon that body of loyal and gallant men some extraordinary recompence for the privations and dangers which they had cheerfully incurred in defence of the country. His Excellency is satisfied that nei- ther result was obtained in any but so slight a degree as to be scarcely worth notice. But the Governor General perceives on the other hand, that results occurred, as to the great ma- jority of cases, precisely opposite to what the home government had in view. The oflicial delays and obstacles interposed between the militia claimants and the grants to which they were entitled — the impossibility, in many cases, of ever obtaining a grant, even after the most vexatious impediments and delays — the mode of alotting the land in such a manner, that the grant when obtained was often worth nothing at all, and seluom wcrth the trouble and expense of obtaining it — the necessity of employing and paying agents acquainted with the labyrinths of the crown lands and surveyor general's departments — the expense, uncertainty and har- rassing trouble attendant upon the pursuit of such a claim — all these circumstances, for which his Excellency is compelled to believe that the public officers were alone to blame, had the effect, he is convinced, in the majority of cases, of converting what the Prince Regent had intended as a boon, into a positive injury to the mili»,ia-men. He is assured, as might have been expected, that the militia-men disposed of their claims, often for o mere trifle, to land speculators, who never intended to bettle upon the grants, and who have for the most part kept the land in "a state of wilderness ; thereby defeating the only other intention v/ith which the home government could have determined on making these grants. From a careful in- i^ection of the evidence taken on this subject from official gentlemen, as well as others, his Excellency is ?ed to concur entirely in that part of the commissioners' rejiort, which states, that 'there has beeu the maximum of injury to the province, with the minimum of benefit to the militia-moti.* " This ciying gr'"'>vaii,?«^ hk Excellency finds has been over and over agair. and in vari- ous forms, represented to the government, but withopt any attempt, as far a$. he can discover. '.•.11 m. 1 *A f m ■';5.i :Ul ■\\ ■ ■','• f 1 .1. -it J , •-. .'l*.- ..".«!;» Ill f;>m 1 •a to provide an adequate remedy for it. He is encouraged to hope that the measure on which he DBS determined may, as respects the claims yrt unsettled, be the means of carrying into efTect, however tardily, the objects of the Prince Regent, by conferring a considerable boon on those meritorious but long-disappointed claimants, and conducing to the settlement of the lands which may thus be alienated by the crown. " The Governor General further directs me to make you accjuainted with his confident expectation that you will proceed, with the utmost despatch not incompatible with accuracy, to determine all unsettled claims; that, in awarding orders to persons whose claims could not have been admitted unler the original proclamation, but will now be held valid, you will take care not to admit any claims except those of the «ix battalions, and of others who actually served for the same period, and precisely in the same manner as the six battalions. His Ex- cellency cannot doubt, moreover, that you will spare no pains in endeavouring to secure to the class of militia-men the t dvantage which was intended for them alone, and which they ought long since to have received. As one means of this most desirable end, his Excellency is of opinion that you should explain to all cluimants, that the orders for a nominal amount of money which you may award will have the full value of money at future sales of crown lands, and ought therefore to he exchangeable for money, if not for the whcle sum named in them, still for one of nearly the same amount. I am, &c. "C. BULLER, "CiiiEr Secretary." The purposes of the home government, judging by the general instructions which they gave to the local executive, would seem to have been dictated by a sincere, and also an en- lightened desire, to promote the settlement and improvement of the country. As respects Upper Canada, instructions, dated July, 1827, established as a general rule for the disposal of public lands in future, that free grants should be discontinued, and that a price should be re- quired for land alienated by the crown. The quantity of land disposed of by sale since those instructions were given, amounts to 100,317 acres) the quantity disposed of*^ during the s<»me period by free grant, all in respect of antecedent claims, is about 2,000,000 acres, being about nineteen times as much as has been disposed of according to the new rule. The instructions were obviously prepared with care for the purposes of establishing a new system, and nlacing the whole of the disposal of Crown lands in the hands of a commis- sioner, then for the first time appointed. The commissioner never assumed the control of any other portion of these lands than such as were included in returns made to him by the Survey- or-General, amounting to no more than about 300,000 acres. All the rest of the land open for disposal remained, as previously, under the control of the Surveyor-General, as an agent of the government for locating free grants. The salary of the commissioner was X500 a year, besides fees : the whole service during ten years was the superintendence of the sale of 100,000 acres of wild land. The same person was also Surveyor-General of woods and forests, with a salary of j£600 a year, and agent for the sale of Clergy Reserves, with j£500 a year. In Lower Canada, under instrucJions from the treasury, dated in November, 1826, which were confirmed and further enforced by liOrU Goderich in 18?.i, who manifestly intended to supersede the old system of free grants by an uniform system of sale, 450,469 acres have been sold, and 641,039 acres have, in respect of antecedent claims, been disposed of bv free grant ; and the object of the new rule of selling was defeated by the large amount of free grants. — Even at this moment, in the two provinces, where I was assured before I left England that the system of selling had been uniformly established by Lord Goderich's regulations of 1831, there are unsettled, but probably indisputable claims for free grants, to the amount of from 1,000,000 to 1,300,000 acres. The main alteration which Lord Goderich's regulations would have made in the system intended to have been established by the treasury instructions of 1826, was to render the price more restrictive of appropriation, by requiring payment in less time, and the payment of interest in the meanwhile. This direction appears to have been totally disregarded in both provinces. As respects Lower Canada, the head of the Crown Lands Department gives the following evidence on the subject: — " How did it happen that this instruction was not acted upon ? — In consequerce of a representation from Mr. Felton, the Commissioner of Crown Lands, to Lord Aylmer, the Governor of the province, stating that the terms imposed were too severe, and amoun':ed, in fact, to exacting the whole purchase money down. Lord Aylmer, upon this, authorised Mr. Felton to continue the former practice, and it is understood reported the circumstance to the UhP«|-|. ire on which larrying into leniblo boon ■inenl of the his confident th accuracy, tns could not yoa will take who actually 19. His Ex- to secure to which they Excellency ul amount of crown lands, ned in them, BCRETARY. which they J also an en- As respects e disposal of liould be re- e since those ing the s">me , being about jstablishing a of a commis- iontrolofany ' the Survey- and open for agent of the year, besides ),000 acres of ivith a salary 1826, which r intended to es have been 7 free grant ; ree grants. — England that ions of 1831, lount of from lations would )structions of ^ment in less have been )f the Crown equerce of a Aylmer, the imoun:ed, in ithorised Mr. stance to the V 2nd Victoria, 1839.] Earl Durham's Report. 73 Home Government Thii was in 1832, and the system of longer credit without interest con- tinued to be acted upon until the receipt of Lord Glenclg's despatch of 1837, which required payment in ready money at the time of^sale." I have already pointed out the importance of accurate surveys of the public land. Without these there can be no security of property in land, no certainty even as to the position or boun- daries of estates marked out in maps or named in title deeds. In Nova Scotia, says the present Surveyor-General, " there are very many instances of litigation in consequence of inaccurately defined boundaries." Mr. M'Kenzie, a draughtsman of the Surveyor-General's ofHce at Hali- fax, who is also employed to conduct surveys in the field, says, he " has found it impossible to make correct surveys in consequence of inaccuracy as to former lots of land, from which of necessity he measures, and also from surveys being inaccurately made by persons not quali- fied. In many cases, also, the boundaries of land granted have never been surveyed or laid out at all. The present state of surveys is inadequate and injurious to the settlement of the land." In New Brunswick, says the present Surveyor-General, " no survey of the province has ever been ntade, and the surveys of the old grants are extremely erroneous, and expose errors and collisions which could not have been supposed to exist. It frequently has occurred that different grants are made for the same lot of land. I think this system pernicious, and 'I: v.'ill some day be very injurous. The usual practice cannot be relied on as giving a settler a grant of lani> that cannot be disturbed, without great care and a greater expense than a poor settler can aflford." In Upper Canada, Mr. Uadenhurst asserts that "the surveys through- out the province generally are very inaccurate. This inaccuracy was produced in the first instance by the ditficiancy of competent persons, and the carelessness with which the surveys were conducted. Latterly the practice introduced by Sir Peregrine Maitland, in spite of the results being pointed out by the then Surveyor-General, of letting out the surveys to any per- son who was willing to contract for them for a certain quantity of land, produced extreme carelessness and inaccuracy. The surveyors just hurried througn the township, and of course made surveys, which, on the ground, are found to be very inaccurate. There are instances in which scarcely a single lot is of the dimentions or in the position actually assigned to !t in the diagram. The consequences of this have been confusion and uncertainty in the possessions of almost every man, and no small amount of litigation." As to Lower Canada, the evidence is still more complete and satisfactory. The Commissioner of Crown Lands says, in answer lo questions, " I can instance two townships, ShefTord and Orford (and how many more may prove inaccurate, as questions of boundary arise, it is impossible to say,) which are very inac- curate in their subdivision. On actual recent survey it has been found that no one lot agrees with the diagram on record. The lines dividing the lots, instead of running perpendicularly according to the diagram, actually run uiagonally, the effect of which is i ecessarily to displace the whole of the lota, upwards of 300 in number, from their true position. The lines dividing the ranges are so irregular as to give to some lots two and a half times the contents of others, though they are all laid down in the diagram as o; ■ ; al extent : there are iaices also which occupy nearly the whole of some lots that are entirely omitted ; I have heard complaints of a similar nature respecting the township of Grenville. I have no reason for believing that the surveys of other townships are more accurate than those of ShefTord and Orford, other than that in some parts of the country the same causes of error may not have existed, whether physical causes, such as that of magnetic attraction, where there really was a survey, or, in cases where there was no actual survey, the negligence of the surveyor. The inaccuracy of which I have spoken is confined to that part of the province which is divided into townships. There are 109 townships of about 100 square miles each, including all the land which has been disposed of by the British Government, except the eeignories which were erected by that government shortly after the conquest. Similar difficulties to those which might arise in settling a question of title between the Crown and an alleged squatter, arising from the inaccuracy of the township surveys, would extend to all grants and sales by the Crown, and also to all questions of title between persons claiming to have a grant, or to have purchased from the Crown, and alleged squatters on the land asserted to be theirs, and more or less to all cases in which different persons should claim to have received or purchased the same piece of land from the Ciu'.vii. It is a general observation that this state of the Crown surveys must prove a source of interminable litigation hereafter ; it is impossible to say how many cases may arise of double grants of the same land under different designations, arising from the defective state of the surveys. None of such cases have come before me in an official shape, but I apprehend that questions of that nq.ture are waiting in great numbers until lands shall have become more valuable, when the Crown will be called in upon every occasion to u ";i:, •■■«" M *■ I *: 'M •I 'Juiml :f./ I defend its own oront, and, considering the state of the surveys, will be without the means oi such defence, unless measures to prevent the evil should be adopted before its occurrence. In common with every person who has ever reflected on the subject, I consider this a subject of very high importance, and demanding the immediate attention of Government." Mr. Daly, the Secretary of the province, says — "an accurate survey of the whole of the ungranted lands in the province I believe to bo extremely desirable and nrnessary to quiet doubts that have arisen m the minds of many new settlers as to the correctness of their boundaries." Mr. Pat- rick Daly, commissioned Surveyor of the province, gives the following evidence : — " Yuu are just come to Quebec to make c. representation as to the state of the township of Durham 1 — I am. " What is the point which you wish to ascertain T — Whether I can have authority to establish a new line between the 6th and 7th ranges of the township of Durham. "What would be the consequence of such a change t — In consequence of a part of the old range line being found incorrect to the extent of 60 perches, whereby the 7th would lose about one-fifth of its dimension, and the same amount would be improperly added to the 6th ; the change I wish to make would set this right. " How did you discover that the line was incorrect ? — In consequence of having been employed by Captain Ployart. of Durham, to run the side lines of lot No. 15, in the 6th range, in order to determine the extent of his property, he being the proprietor of that lot, I disco- vered that the line was incorrect, as I have described already; and I cannot proceed to rec- tify the error without authority from the governor, or some person appointed by the governor, as we have not any laws in the province to enable me to make a new range-line, as the old range-line is not to be found, with the exception of a small part, which is in the wrong place, as I have described. " Would a new line have the effect of taking away land, in actual possession, from any person, and giving it to another ! — Yes, it would. " Do you suppose that the other range-lines in this township are correct or incorrect l - Some are correct, but they are generall/ incorrect; my attention, however, has not been par- ticulai-ly called to them. "Are not the proprietors of the ot Jer lots which are incorrect anxious to have the limits of their property settled 1 — Yes, very : nxious ; more particularly the inhabitants of the 3rd range, about one quarter of whose property is taken by the inhabitants of the 2nd range, through the means of an erroneous old range-line, as has been proved by various subsequent surveys duly sworn to. I am requested by all the inhabitants of the 3rd range to take steps to obtain a new range-line. " Have they ever applied before for this rectification of the survey ! — Yes ; they applied to the surveyor general's department, by a statement made by me, and now in the surveyor general's office ; but the answer was, that there was no law in the province to authorize the changing of a range-line, however incorrect, without the consent of all the parties concerned. " Then all parties did not concur in this case ? — No, they did not. " Why not 1 — Because many of those who improperly gained by the error wished to re- tain what rightly belonged to their neighbour. "As the former application was fruitless, upon what ground do you now proceed 1 — Upon the confidence that, as Lord Durham has greater powers than other governors, he may be pleased to consider the great loss of property to the people, and give orders to correct the evil. "Are you acquainted with other townships! — Yes. " Have you found the surveys of them generally correct or incorrect ! — I have found the surveys of the township of Windsor as incorrect, or even more so, than the township of Dur- ham, which can be proved by the most reliable testimony. Generally, with the exception of the township of Wickham, I nave found them quite incorrect. I speak only from my personal experience, and not from what I have heard." Mr. Sewell, recently chief justice of the province, says : — " I have known of many defects in the surveys, which have appeared in many cases be- fore me, and am apprehensive that they are very numerous. I can only state, from my own opinion, two remedies by which these defects may be in some degree remedied : the one is, 3th Pari. the means oi' urronce. In a subject of ' Mr. Daly, i^ranted landd bts that have s." Mr.l'at- ihe township authority to a part of the :h would lose d to the 6th ; having been he 6th range, t lot, I disco- oceed to rec- ihe governor, le, as the old wrong place, on, from any incorrect? - lot been par- ive the limits ts of the 3rd 5 2nd range, 8 subsequent Lo take steps they applied the surveyor luthorize the s concerned. irished to re- Bed ? — Upon he may be rect the evil. i^e found the hip of Dur- Bxception of my personal ly cases be- om my own : the one is, 2nd Victoria, 1839.] Earl Durham^s Report. 75 by running anew the outline of the several townships ; the other, an act to give quiet pussea- sion, such as has been heretofore passed in other provinces. I am afraid that running tlio outlines of the townships would not be of any grout benolit beyond exposing the errors." Mr. Kerr says : — " It is generally understood that the surveys in many of the various town- ships are very inaccurate ; and many of thu surveys have been Ibund to be so. I had in my hand the other day a patent for four lots in the township of Inverness, three of which did not exist, granted to a Captain Skinner. Three of the lots were decided not to be in existence ; and I received compensation for them in another township. A great error wad discovered in the original survey of the township of Leeds. Tho inaccuracy of the surveys is quite a mi iter of certainty. I could cite a number of townships — Milton. Upton, Oiford, Hheflbrd, xc. — where tho inaccuracy has boon ascertained. Inconvenience from the inaccuracy of the surveys has has been felt; but it is only now beginning to be so seriously. As the settlement of the country advances, and land acquires a greater value, great inconvenience must arise in the shape of endless qucblions of title ; and of this many people arc so well nware, that they refuse to sell with a guarantee of title." I may add, generally, that I f'>und the surveying department in Lower Canada so thorough- ly inefficient in its constitution, • to be incapable of any valuable improvement ; and thcL I therefore abstained from int'^'''e>i.ig with it, trusting that the whole future management of tho public lands would be placed "\ a new footing, calculated to remedy this, as well as all the other evils of the present syste>.. Another of those evils requires some notice here. In the United States the title ^j land purchased of the government is obtained immediately and securely, on payment uf the pur- chase money. In all the British colonies there is more or less of useless formality, and conse- quent delay, in procuring a complete title to land which has been paid for. Dr. Baldwin, speaking of Upper Canada, says: — "I do not know that there was any more constant subject of complaint on the part of individuals against the government, than the delays of office, especially in connection witi. land granting. It frequently happened to myself, and I believe to others also, that during the time when free grants of land, of small amount, were made to ac? ' settlers, persons wlio had spent their money in waiting for the completion of the grant, ha .'. a; ied to me for employment while the patent was being perfected, and I have fur- .: '"ued or a short time. The most striking instance that occurred in my knowledge, jn «i .r'':l. L,-'>. individual was injured by the delay to which he was exifosed in this respect, was ''at '"*' a man of the name of Barnes, who, ir Sir Peregrine Maitland's time, having fallen in d< ' '. ..o some persons whom he had employed, was pressed by them for the money. At this tia.c a patent was in progress through the offices for him. He applied to his creditors to give hir* time till his patent was completed, which would enable him to raise money to pay them. 1 iie creditors were willing, and waited for some time, but at last became impatient, and they arrested him, and he was compelled to go to pri&on. The patent had passed through the offices, but he was compelled to remain in prison a fortnight, while the patent was sent over to the Governor for his signature, at his residence near the Falls of Niagara." A recent act of the legislature of Upper Canada has greatly mitigated this evil, which, however, remains in full force in Lower Canada. Mr. Kerr says: — "As soon as the purchaser has paid the last instalment, he is referred to the Crown Lands Officer, to wLom the payment is made, for patent to the Surveyor-General for the necessary specification. Then the specification, with reference, is sent to the Commissioner of Crown Lands. The.^e documents are next sent to the Secretary of the Governor, or Civil Secretary, who directs the Provincial Secretary to engross the patent. The fees are then levied, and, upon the payment of the fees, the Pro- vincial Secretary engrosses. On engrossment being made, the Governor signs the patent, and the great seal of the province is attached to it. The signature is procured by the Provincial Secretary. The patent is then sent to the Commissioner of Crown Lands to be audited. — At present one of the commissioners audits: this used to be done by the auditor, but the office of auditor has been abolished. When the audit is made, the title is said to be perfected. — The effijct of havirg to refer to so many persons has been the total loss of many references, and the papers connected with them, in one or other of the offices. There have been cases in which I was referred three times for the same patent, all the papers having Been lost twice successivel}'. In some cases the papers are found again, but at too late a period to be available. The shortest time within which I have known a title to be perfected is about six weeks, and the longest about eight years. More than ordinary diligence was used in the case of six weeks. I obtained an order from the Governor for a special reference for my patent to take priority of all others then in the office. The average period required for completing a title. '■i ' ,» - i -■ * ♦ - ''■■' 76 Earl Durham's Report. [4th Sess. 13th Pari J.'* ■V--,; aft«r tho purchsM hu been completed by the payment of the whole of the parohMem the same Us to indivi- if the colony some cases distant and I to occasion instance of om pel led to ost valuable instances in ible settlers, ;ribed, have It as deputy n country in district are to the testi- feneral, Mr. n of all the I land of the 2iid Victoria, l»3D.] Eurl Durham's Report. 11 A«»'^V ^ W i-V.fwJWat cruwn is i)|i('ii to piiroliaNO, which is not generally llio case with that of privnto indiNiduaU, exeepting iit too exnrbitnitt a price. Ho iiijiiriouH is the existence ol (hiit (jiiantity of wild land ill th(! inidMt or in tin* neighlxiurhood ol u HettJi'tiient, that niinierniiit in»cn have occurred in which a Ncttler, iil'ter ttevernl ^ears reHidence upon hi^ property, and having ex[)eii(lcd in labour from i!^0 to .L'')(i in clearing part of it and building Iii.h house, IniH li*.-en driven to abandon the farm, and to .si.-ll it for one-third, or even one-fouitli of (he sum that ho had expcncled upon it. I havo HiyHcIf boni^ht fariim which liuvo betin abandoned in this way, for the merest trifle. One, I recolli'ct now, ironsi^^ted of JOO acres, in the township of Kingsey, a beautiful part of the «listrict of Three lliverH, with rather more than '20 acres cleareil, and a good liouho and out-houses erected upon it, for which 1 paid under .£30. I could give very many iiiHtancfls of a similar kind, where I Imvo either purchased mysolf, or have had u personal I jvvltdgeof the cii'cumst.iinc«;s." One of tho most remarkable instances of evils resulting from profuse grants of land is to bo found in Prince Edward's island. Nearly the whole of tho island (about 1,400,000 acres) \vi\a alienated in out! day, in very largo grants, chiefly to absentees, and upon condiliont< which have been wholly ilisrogarded. The extreuu' improvidence which dictated these grants is obvious; (he neglect of tho government m to enforcing (ho conditions of the grant, in spi(o of tho constant, ell'orts of the peofile and the legislature to force upon its attention the evils under which they laboured, is not less so. The great bulk of the island is still possessed by absentees, who hold it as a sort of reversionary interest, which requires no present attention, but may become valuable some day or other, through tho growing wants of the inhabitants. Hut ill the menntimc, tho inhabitants are subjected to the greatest inconvenience, nay, to the most serious injury, from tho state of property in land. Tho absent proprietors neither improve the land, nor will let others improve it. They retain tho land and keep it in a state of wiliiil calm, in iIUtiri^uisliiii)(, hv th«) (uloiir iilono, n crowdiHl uniigrnnt ■hip. 1 liuvi) known an mnny h» from lliirty to forty deatha to have takm |)lu(*t', in iho contMi of n voyage, i'roni typhiiA i'uvcr, on hoard of a Hhip containing i'roin •'JOO to (iOO pntHt^ngcm ; ami within oix wookN al'tor thu arrival oixonio vonmcIm, and thu landing of tim puHMfngvrit at liuohuc, tlio hospital hoM ritcvivml upwards of 11)0 patientM, at diH'orunt tinini from among tlirtn. < )n ono octuiMiori. I havu known nearly 4()() pctiontH at onu time in th» «>niigrant hoxpilul of Ciuiiiitic, for whom tlicro wan no nuthcient accommodation : and, in order to provide ihcm witli Homct .shelter, Dr. I'ainchaud, the then attending physician, with the aid ot other phyHi- cianM, incurred a personal debt to thu Cluehec hank, to a consideruhlu arnonnt — whit.h, how- ever, wuH afterwanis paid hy the provincial legislature." * • • • • • " The mortality was considerable among the emigrants at that time, and was attended with ino!4t disaNtrioiiH consecpienccs : (diildren l)«;ing left without protection, and wholly depen- dent on the casual charity of the inhabitants of tlio city. As to tho.ie who wero not sick on arriving, I have to say, that they wi'ru generally forcibly landeii by the innsters of vessels, without a shilling in their p( (;k(!ts to procure thctn a night's lodging — ond very lew of them with the means of Nub>>i.itciice for more than a very short period. Tiiey commoMly established themselves along tlu; wharves, and at the diifercnt landing places, crowding intn any place of .shelter they could obtain, whertii lit llUM|lilu| <||' irovuie ttii'tii «)lliijr I>li)'iti- ■wlii( li, how- niA nttctul(>(l ir)l|y (lonen- I) not HJcK on rM of vi'shcIm, low of iheni y ostnlilisheti any placo of ) inliubitiiritft Imvt! known H'Bc iirifortu- liod l»y fresh , with infec- — «'NI)eciftlly Those who and cellers, r better than roni 1820 to r Oeneral of the arrival of ion of conta- cd on board i shi|)8 being lie mortality ants of Quc- !rs — and the liile, and the mity, culled ircHcntations th Geo. IV., 1827— and 1 features of ited by the ;bec, speak- r emigrants fficiency of ovisions by , in which, the captain, lany vessels attention is ns between ) — emigra- 5 province; Is are char- kc a trade }m Ireland, umber was 8 smuggled 2iid Victoria, 1839.] Earl Durham'ti Report. 79 thcnianlvi'<«, or wore ■riiugglod on board, und were only dixrovorod after the vomcI iiad boon Nuvorul diiy:i lit Noii. 'I'hiN might bu prevcnlud by u ittrictt*r uxuiiiinution of tho vu^noI. Thu lni|Muiul Act roi|iiiri'H lli it itiu niim«!it, ago*, mix, and occupation of each pusNonuor, nIuiuUI bo entered in ti liHt, ccriniod by the cuitoiiin' ollicur at t!ie out-iHtrt, uml dehvurud by thu captain, with the Nhip's papurit to tlut ilHcurM of the niittoniM h« re. LiMtH, purporting to bu correct, uru nlwiiyN dflivurcd to ihii tidu-Nurv«)yor, wIiohu duly it ii« to muxtur tho paaMcn^erN, und compare ihum with the list; and ihiii liMt, in many inNtaiic«fi4, in wholly incorrect a* to iiunio« and ouca." *••*••• The ohjticl of the fulMificution of the; ugoa iH to defraud the revenue, by evading the tax upon emignintn. •••••• "The fidHilicntion of niinwH producoH no inconvenience; and I have only referred to it for the pur* J noNu of uliowiii;^ the curi'ltrss miinner in wliicJi tin- Nyntcm is workt'd by ihuiigentH in thu United Kingdom." litit Dr. I'nolo, iiispectini{ phyHii-iuii of the Cliiuruntiiio tStution, at Ciroiis6 'sle, further uxpluiiis iliu fniiid, Hitying — " I'Iichu ful^ and the officers employed by the colonial department to superintend its execution, that "their duty is to give ease and security to the resort to the colonies, and to promote the observance of the salutary provisions of the Passengers' Act. In all that relates to emigration they con- stitute, as it were, in every port, the appointed poor man's friend. They take notice whether the ship offered for his conveyance is safe and fit for its purpose ; they see to the sufficiency of the provisions on board; they prohibit over-crowding; and make every effort to avert or to frustrate those numerous and heartless frauds which are but too constantly attempted, at the moment of d.iparture, upon the humbler classes of emigrants." "Every effort," adds the reporter, ^'peaking of emigrants to North America, " is made for the ease and safety of their transit." ■X. 'It ■ M: W \ ■- '•'••I. t, ■♦"'.■ ■".'■,'■ •ft ■'Vj 80 £arl Dut'ham's Report. [4th Sess. 13th Pari. At Quebec, at least, where are landed the great majority of emigrants to the North American co'onies, an opinion prevails which is greatly nt variance with the al)ovo represen- tation. Noboily in the colony denies that the Passengers' Act, and the ap[)ointmcnt of agents to superintend its execution, is a considerable inij)rovement upon ihe uterly lawless and unobserved practices of former limes; nor, I should imagine, would any one in this country object to sucli an approach, however oistant, to tlui systematic and responsible management of emigration, which has I "n repeatedly urged ujion the government of late years; but that there is still great room for further improvemenf, as respects emigration to tho colonies in North America, is, I think, established by Mr. Jessoj)p, and the following evidence of Dr. Poole : — Dr. Poole holds an important office, of which I am enabled to state that he has performed the duties with great skill and exemplary diligence. He did not volunteer the information he has supplied. He was summoned to give evidence before the Commissioners of inquirv on Crown Lands and Emigration ; and it was in answer to questions put to him that he said, ' I have been attached t<> the station at Grosse Isle for the last six yrare. My description applies down to the present year. We had last year upwards of i^:2,(JUU cmigrant.s. The poorer class of Irish, and the English paupers, .sent by parishes, were, on tho arrival of vessels, m many instances, entirely without provisions, so much so, that it was necessary immediately to supply them with I'ootl from shore ; and soinc of these .ships had already recei\ ed food and water from other vessels with which they had fallen in. Other vessels with the same class of emigrants, were not entiiely destitute, but had sulfei^^d much privation by being placed on shoi-t allowance. This destitution, or shortness of provision.s combined with dirt and bad ventilation, had invariably produced fevers of a contagious chaiactev, and occasioned some deaths on the passage; and from such vessels numbers varying from 20 to 90 each vessel, had been admitted to hospital with contagions fevers immediately on their arrival. I attribute the whole evil to defective arrangements : for instance, parish emigraiits from England receive rations of biscuit and beef, or jiork, often ofbad quality (of this I am aware from ])ersonal in- spection); they are incapable from sea-sickness of using this solid food at the beginning of the passage, when, for want of small stores, such as tea, sugar, coffee, oatmeal and flour, they fall into a state of debility and low spirits, by which they are incapacitated from the exertions required for cleanliness and exercise, and also indisposed to solid food, more paiticularly tho women and children; and, on their arrival here, I find many cases of tyi)lius fever amon;; them.' * * * 'I also wish to mention as loudly calling for remedy, a system of extorticm rarrietl on by masters of vessels, chiefly from Ireland, whence come the bulk of our emigrants. The captain tells emigrants the passage will bo made in three weeks or a moulh, and they need not lay in provisions for any longer period, well knowing that the avoi'nue passage is six weeks, and that it often extends to eight or nine weeks. When the emigrant's stores are ex- hausted, tho capt.ain, who has laid in a stock for the purpose, obliges them to pay often as much as 400 per cent, on the cost price for the means of subsistence, and thus robs the poor emigrant of his last shilling. Such cases are of frequent occurrence, even down to the pre- sent year.' * * * < Parish emigrants are generally at the mercy of the captain or mate, who serve out the provisions, and who frequently put emigrants on short allowance soon after their departure. Complaints of short weight and bad (piality in the ])r()visions are frecpientlv made.' * * * ' The captains have in many instances tokl me, that the agents oiJy muster the passengers on deck, inquire into the quantity of provisions, and, in some cases, re([uire them to be produced, when occasionally the sunn? I)ng of meal or other provisions was shown as belonging to several jiersous in succession. This the captain ciiseover(!cl after sailing. The mere mustering of the passengers on deck, without going below, where the provisions are kept, is really no inspection at all; and it frequently happens lliut passengers are smuggled on board without any provisions.' * * * '^'''V f'-w of these vessels liave on board a sufH- eient quantity of water, the casks being insuflicicnt in number, and very many of them olrs ; but that tii colonies in dence of Dr. I as performed c information LM-s of inquiry I that lie said, y description j-rniifs. The val of \essels, immediately rocei\ed food ith the same heing i)laced dirt and had nsioned some .'h vessel, had I attribute Siand receive 1 jiersonal in- leginning of ;)d fiour, Uiey the exertions iticularly thf lever amontr I of extortion nr emigrants, ill, and they Passage is six lores are ex- fiay often as obs the poor n to the pre- tain or mate, ce soon after re frecpiently i oiily muster ases, re(|uiie s was shf)vvii mailing. The rovisioDs are siungglcd on )oar(l a siilli- of them old )ieces, which It jiartof the aded in tin- bringing the IV part of the . It is quite that part of which might as emigmnt .ble to carry 2nd Victoria, 1839.] Earl Durhan&'s Report. 81 r« Pa sail, make very long passages. As the tonnage of the best class of vessels coming to Canada is more than sufficient to bring all the emigrants in any year, the employment of these bad ships ought not to he permitted.' « • * • Xhe reports made to me by the class of captains and surgeon superintendents, now bringing passengers, are seldom to be relied upon. In il- lustration, I beg Ipave to mention a case that occurred lost year. It was a vessel with about 150 passengers on board, from an Irish port. The captain assured me that they had no sick- ness on board ; and the surgeon produced a list, which he signed, of certain slight ailments, such as bowel complaints and catarrhs, which had occurred during the j)assage, and which appeared on the list with the remark 'cured' to all of them. On making my usual personal inspection, 1 found and sent to the hospital upwards of 40 cases of typhus fever, of which nine were below in bed : these nine they had not been able to get out of bed. Many of the others were placed against the bulwarks, to make a show of being in health, with pieces of bread and hot potatoes in their hands. As there are many most respectable captains in the lumber trade, a proper selection by the emigrant agents at home would jirevent this abuse.' » * * 'The medical su[)erintendence on board vessels, obliged by the Passengers' Act to carry a surgeon, is very defective. The majority of such persons called surgeons are unlicensed students and apprentices, or apothecaries' shopmen, without sufficient medical knowledge lo be of an}' service to the emigrants, cither for the prevention or cure of diseases. On board a ship the knowledge of the means of preventing disease in such a situat'on is the first requisite in a medical man, and in this the medical superintendents are lamentably deficient. It is not much better as to the cure of diseases. I boarded a ship last year, of which the captain and three passenges, who had met with accidents, had their limbs bandaged for supposed fractures, which, upon exan)iuation, I found were only simple strains or bruises. On exam'ning the captain's arm, I said that there had been no fracture. The surgeon, so called, rep ied — 'I assure you that the tibia and Jibu/a are both broken.' It hajjpens that the tibia andjibida are bones of the leg. This is an extreme case, apparently; but it is not an unfair illustration of the ignorance and presumption of the lass of men apjjointed to comply with that part of the act which is intended to provide fjr tl;.. medical care of emigrants during the voyage." The Agent-General's report, which was laid before parliament last year, does not even allude to another feature of our system of emigration, on which I have yet to offer some re- marks. However defective the present arrangements for the jiassage of emigrants, they are not more so than the means employed to provide for the comfort and prosperity of this class after their arrival in the colonies. Indeed it may be said that no such meatis are in existence. It will be seen, from the very meagre evidence of the agent for emigrants at Quebec, that the office which he holds is next to useless. I cast r.o blame on the officer, but would only ex- plain, that he has no powers, nor scarcely any duties to perform. Nearly all that is done for the advantage of poor emigrants, after they have passed the Lazaretto, is performed by the Ciuebec and Montreal Emigrants' Societies — benevolent associations of which I am bound to speak in the highest terms of commendation ; to which indeed we owe whatever improvement has taken place in the yet unhealthy mid-way passage, but which, as they were instituted for the main purpose of relieving the inhabitants of the two cities from the miserable spectacle of crowds of unemployed and starving emigrants, so have their efforts produced little other good than that of facilitating the progress of poor emigrants to the United States, where the indus- trious of every class are always sure of employment at good v.ages. In the report on emi- gration, to which I have alluded before, I find favourable mention of the principle of entrust- ing some parts of the conduct of emigration rather to "charitable committees" than to "an ordinary department of government." From this doctrine I feel bound to express my entire dissent. I can scarcely imagine any obligation which it is more incumbent on government to fulfil than that of guarding against an impiopcr selection of emigrants, and securing to poor persons disposed to emigrate every possible facility and assistance, from the moment of tlicii- intending to leave this country, to that of their comfortable establishment in the olony. No less an obligation is incurred by the government, when, as is now the casr-, they invite poor persons to emigrate by tens of thousands every year. It would, indeed, be very mischievous if the goveri.ment were to deprive emigrants of t il'-reliance, by doing everything for them; but when the state leads great rnmbers 1 1 people into a situation in which it is impossible that they should do well without assistance, then the obligation to assist them begins ; and it never ends, in my humble opinion, until those who have relied on the truth and paternal care of the government are placed in a sitsation to take care of themselves. How little this obli- gation has been regarded, as respects emigration to your Majesty's North American colonies, will be seen from the following evidence : — ij . 'I :'■■ ] r «.. ■ ( 8d Earl Durhatn's Report. [4th Sess. 13th Pari. ■. «*p ■;'■', ■ •i ,' •* ' '.-rr, ,♦■■• t-! -^.^^ 'Ijl' -I !r ••:,■■ ..I '."^ Mr. Buchanan, the chief agent for emigrants at Quebec, says, " I have no communication from the agent-generol of emigration ;" ana "the instructions I have mentioned, as regulating the proceedings of my office, do not, I conceive, contain any specific directions as to the duties ] have to perform. In fact, they were not addressed to my otBce at all. I suppose that they were transmitted to my predecessor, in order that he might be acquainted with the views of the home government on the subject." " There may have been specific instructions for the guidance of the agent for emigrants, but I am not aware of any. 1 have myself followed the routine that I found established." Dr. Skcy says, " A pauper emigrant, on his arrival in this province, is generally cither with nothing or with a very small sum in his pocket; entertaining the most erroneous ideas as to his prospects here ; expecting immediate and constant employment, at ample wages; entirely ignorant of the nature of the country; and of the place where labour is most in demand, and of the best means by which to obtain employment. Ho has landed from the ship, and from his ajjathy and want of energy has loitered about the wharves, waiting for the offer of employment; or, if he obtained employment, he calculated upon its permanency, and found himself, at the beginning of the winter, when thpre is little or no employment for labour ia tills part of the country, discharged, and without any provision for the wants of a Canadian winter. In this way, emigrants have often accumulated in Quebec, at the end of surrtmers, encumbered it with indigent inhabitants, and formed the most onerous burden on the charitable fiends of the community." Mr. Forsyth says, "Emigration has improved of late years with regard to the destitute sick and to the totally dostitute by means of the emigrant society, and the fund raised by the emigrant ta.x; but with regard to the main body of emigrants, the evil results of a total want of system are as conspicuous as ever. The great evils that have hitherto existed have arisen from the want of system, and especially from the want of all adequate means of information, advice, and guardi.insliip. This want of information necessarily gives a vagrant character to their movements. Unable to obtain information as to the best mode of proceeding in this province, they move onward to Toronto, and find tlic same want there ; they become disgusted, and leave the province in larj^c numbers, to become citizens of the American Union. My observation on the subject has led me to estimate the jiroportion of emigrants from Britain who proceed to the United States at GO in 100 during the last few years." Mr. Stayncr says, " Many of these poor people have little or no agricultural knowledge, even in a general way ; and they are all ignorant of the husbandry practised in the country. The consequence is, that, after getting into 'the bush,' as it is called, they find themselves beset by ])rivution3 and ditiiculties which they are not able to contend with, and, giving way under the pressure, they abandon their little imjirovenients to seek a livelihood elsewhere. — Many resort to the largo towns in the province, with their starving families, to eke out by day- labour anerson3 who arrive here, and linger about in a state of total destitution." The most striking example, however, of the want of system and precaution on the part of government, is that of the old soldiers, termed Commuted Pensioners, of whom nearly 3,000 reached the colonies in the years 1832 and 1833. A full description of the fate of these 3th Pari. >mmunication as regulating 9 to the duties lose that they the views of ctions for the followed the Uirally either oneous ideas mple wages; ur is most in led from the iiiting for the niuieiicy, and crit lor lahour >r a Canadian of aiirrtmers, the charitable the destitute 'aised by the a total want 1 have arisen ' information, . character to eding in this me disgusted. Union. My from Britain d knowledge, ■the country. J themselves , giving way elsewhere. — e out by day- enterprising) States, to try d possessing idly contend ich is small. )r, both mor- lave sent out improvident [1 this is very rid of them, ?ry recently ily returned sent out at two that he others, both o the Upper kenness and ppeals from on the part hom nearly fate of these 2iid Victoria, 1839.] Earl Durham's Report. unfortunate people will be found in the evidence of Mr. Davidson and- others. Many of them landed in Quebec before the instructions had been received in the colony to pay them the sums to which they were to be entitled on their arrival, and even before the provini. ". 1 govern- ment know of their departure from England. Many of them spent the amount of their com- mutation money in debauchery, or were robbed of it when intoxicated. Many never attempted to settle upon the land awarded to them ; and of those who made the attempt, several were unable to discover whereabouts in the wilderness their grants were situated. Many of them sold their right to the land for a mere trifle, and were left, within a few weeks of their arri- val, in a state of absolute want. Of the whole number who landed in the colony, probably not one in three attempted to establish themselves on their grantc, and not one in six remain settled there at the j)resent time; the remainder generally lingered in the vicinity of the f)rincipal towns, where they contrived to pick up a subsistence by begging and occasional abour. Great numbers perished miserably in the two years of cholera, or from diseases engendered by exposure and privations, and aggravated by their dissolute habits. The ma- jority of them have at length disappeared. The situation of those who survive calls loudly for some measure of immediate relief; it is one of extreme destitution and suffering. Their land is almost entirely useless, and they cannot obtain any adequate employment, either as farm labourers or domestic servants. At the commencement of every winter, therefore, they are thrown upon the charity of individuals. In the upjjcr province their situation is equally tleplorable, and numbers must have perished from absolute starvation, if they had not been led by the provincial government I confidently trust that their pensions tnay be restored, and that, in future, whenever the government shall interfere, directly or indirectly, in promo- ting the emigration of poor persons to these colonies, it will be under some systematic arange- ments calculated to prevent the selection of classes disqualified from gaining by their removal, and to guard the other classes from the misfortunes into which they are now apt to fall through ignorance of the new country, and the want of all preparation for their arrival. It is far from my purpose, in laying these facts before your Majesty, to discourage emi- gration to your Miijesty'a North American colonies. On the contrary, 1 am satisfied that the chief value of these colonies to the mother country consists in their presenting a field where millions even of those who are distressed at home, might be established in plenty and hapjii- ness. All the gentlemen whose evidence I have last quoted, are warm advocates of sj'-stematic emigration. 1 object, along with them, only to such emigration as now takes place — without forethought, preparation, method or system of any kind. 1 have now brought under review, the most prominent features of the condition and insti- tutions of the British Colonies in North America. It has been mj^ ])ainful task to exhibit a state of things which cannot be contemplated without grief, by all who value the well-being of our colonial fellow-countrymen, and the integrity of the British empire. I have described the operation of those causes of division which imhappily exist in the very composition of society; the disorder produced by the working of an ill-contrived constitutional system, and the practical mis-management which these fundamental defects have generated in every de- partment of government. It is not necessary that I ahould take any pains to prove, that this is a state of things which should not, which cannot, continue. Neither the political nor the social existence of any com- munit}', can bear much longer the operation of these causes which have, in Lower Canada, already produced a long practical cessation of the regular course of constitutional government ; which have occasioned the violation, and necessitated the absolute suspension, of the provin- cial constitution — and which have resulted in two insurrections — two substitutions of martial lor civil law — and two periods of a general abeyance of every guarantee that is considered essential for the protection of a British subject's rights. I have already described the state of feeling which prevails among each of the contending parties, or rather their races ; their all- j)ervading and irreconcilable enmity to each other ; the entire and irremediable disaffection of the whole French population, as well as the suspicion with which the English regard the imperial government ; and the determination of the French, together with the tendency of the English to seek for a redress of their intolerable present evils in the chances of a separation from Great Britain. The disorders of Lower Canada axlmit of no delay ; the existing form of government is but a temporary and forcible subjugation. The recent constitution is one of which neither party would tolerate the re-establisnment, and of which the bad working X ■f-'r 84 Earl Durham's Report. [4th Sess. 1 3th Pari. 2nd I'l^'i- !i h ■ ■■'>• I •<■,■■ -■'? ^ l,ry.,,^-,,v :r'f ■V'm '»*■- has been such that no friend to liberty or to order could desire to see the province apain subjected to its mischievous influence. Whatever may be the difficulty ol discovering a remedy, its urgency is certain and obvious. * Nor do I believe that the necessity for adopting some extensive and decisive measures for the pacification of Upper Canada, is at all less imperative. From the account which I have given of the causes of disorder in that province, it will be seen that I do not consider them by any means of such a nature as to be irremediable, or even to bo susceptible of no remedy that shall not effect an organic change in the existing con.'»"*'ition. It cannot be denied, indeed, that the continuance of the many practical grievances which I have described as subjects of complaint, and above all, the determined resistance to such a system of responsible government, as would give the people a real control over its own destinies, have, together with the irritation caused by the late insurrection, induced a largo portion of the population to look with envy at the material ])rosperity of their neighbours in the United States, under a perfectly free and eminently responsible government; and, in despair of ohtaii.wig such benefits under their present institutions, to desire the adoption of a Kepublicuu Constitution, or even an incorporation with the American Union. But 1 am inclined lo think, that such feelings have made no formidable or irreparable progress ; on the contrary, I believe that all the discontented parties, and especially the reformerr- of Upper Ciinacia, look with considerable confidence to the result of my mission. The different parties believe that when the case is once fairly put before the mother country, the desired changes in the jjolicy of their government will be readily granted : they are now tranquil, and I believe loyal ; deter- mined to abide the decision of the home Government, and to defend their property and their country against rebellion and invasion. But I cannot but express my belief, that this is the last efTort of their almost exhausted patience — and that the disappointment of their hopes on the present occasion, will destroy for ever their expectation of good resulting from British connection. I do not mean to say that they will renew the rebellion, much less do I imagine that they will array themselves in such force as will be able to tear the government of their country from the hands of the great military power which Great Britain can bring against them. If now frust' ted in their expectations, and kept in hopeless subjection to rulers irresponsible to the jjoople, they will, at West, only await in sullen prudence the contingencies which may render the preservation of the province dependent on the devoted loyaltv of the great mass of its population. With respect to the other North American provinces, I will not speak of such evils as imminent, because I ; "Tily believe that, whatever discontent there may be, no irritation sub- sists w^iich in nny >.:'> weakens the strong feeling of attachment to the British Crown and Empire. In;'?' .'d, '1. ojghout the whole of the North American provinces, there prevails among (.lo Brifis'. T'opulution an affection for the mother country, and a preference for its insti- tutions, which a «ise and firm policy on the part of the Imperial Government may make the foundation of r, ife, honourable, and enduring connexion. But even this feeling may be in? aired, and I :-t warn those in whose hands the disposal of their destinies rests, that a blind re' a c jn tlie iU-enluring loyalty of our countrymen may be carried too far. It is not politic to wante and cramp^ their resources, and to allow the backwardness of the British provnicfs, everywhere to present a melancholy contrast to the progress and prosperity of the United States, Throughou'. the course of the preceding pages, I have constantly had occa- sion to refer to this cojitrast I have not hesitated to do so, though no man's just pride in his country, and firm attachmciit to its institutions, ean be more deeply shocked by the mortify- ing admission nf mfcciority. But I should ill discharge my duty to your Majesty, I should give but an imperfect view of the real condition of these provinces, were 1 to detail mere statistical facts, w'thout dascribing the feelings which they generate in those who observe them daily, and daily expenev.oe their influence on their own fortunes. The contrast which I have described, is the theme o'' every traveller who visits these countries, and who observes on one side of the line the abundance, and on the other the scarcity, of every sign of material pros- perity which thriving agriculture and flourishing cities indicate, and of civilization which schools and churches testify even to the outward senses. While it excites the exultation of the enemies o':' British institutions, its reality is more strongly evinced by the reluctant admis- sion of your Majesty's most attached subjects. It is no true loyalty to hide from your Majority's knowledge the existence of an evil which it is in your Majesty's power, as it is your Majesty's benevolent pleasure to remove: for the possibility of reform is yet afforded by the patient and fervent attachment which your Majesty's English subjects in all these provinces still feel to their allegiance and their mother country. Calm reflection and loyal confidence have retained 3th Pari. ovince apain liscovering a 5ive measures Hint which I not consider usccptible of 1. It cannot liich I have iich a systcnj estinies, have, lortioii of the in llie United ill despair of fi Kepublicaii inod (o think, ary, I believe du, look with ve that when the i)olicy of loyal ; deter- ity and their lat this is the leir hopes on from British Jo I imagine nent of thjeir iring against tion to rulers lontingenciea •yalty of the such evils as ritation sub- 1 Crown and lere prevails ! for its insti- ay make the iling may be rests, that a ir. It is not f the British perity of the ly had occa- pride in his the mortify- ty, I should detail mere bserve them vhich I have Jrvcs on one aterial pros- ation which ixultation of :tant admis- ur Majesty's jr Ma,jesty'8 patient and i stil! feel to ive retained these feelings unimpc f the United States, as well as the assurance of individuals conversant with the state i>f public opinion in that country, convince me that the measures which I adopted, met with a concurrence thai completely turned the tide of feeling in favour of the British government. Nor can I doubt from the unvarying evidence that I have received from all persons who have recently travelled through the frontier states of the Union, that there hardly exists at the pre- sent moment the slightest feeling which can be properly called sympathy. Whatever aid the insurgents have recently received from citizens of the United States, may either be attributed to those national animosities which are the too sure result of past wars, or to those unctisguised projects of conquest and rapine which, since the invasion of Texas, find but too much favour among the daring population of the frontiers. Judging from the character and behaviour of the Americans most prominent in the recent aggressions on Upper Canada, they seem to have 13th Pari. violation of a consent of the : causes were for the whole of independ- pirited people tempting, with hantly upheld. more strong ed, I have no lanners, which \y nod forcibly jf a large por- ome sympathy to the popular ^ own ; and I ithout will, at English popu- are peculiarly e same origin, I may so ex- "itish territory their kindrecl ritain, some of Jturn for their inhers of their ! other side of ne statements !'ork ; but it is t state. The jn, is constant United States ^h are crossed sage between ntact with his pplied by the •n the state of the politics of some places lelfare ts fre- own country- Bs at the pre- circulation of itly operated ; and I have linistration of limity of the I'ith the state ed, met with government, ms who have » at the pre- tever aid the 3e attributed ! undisguised much favour behaviour of leem to have ind Victoria, 1839.] Ear.^ Durham's Report. 87 been produced mainly by the latter cause ; nor does any cause appear to have secured to the insurgents of Lower Canada any very extensive aid, except that in money and munitions of war, of which the source cannot verv clearly be traced. Hardly any Americans took part in the recent disturbances in Lower Canada. Last year the outbreak was the signal for nu- merous public meetings in all the great cities of the frontier states, from Buffalo to New York. At these the most entire sympathy with the insurgents was openly avowed ; large subscriptions were raised, and volunteers invited to join. Since the last outbreak no such manifestations have taken place : the meetings which the Nelsons and others have attempted in New York, Philadelphia, Washington, and elsewhere, have ended in complete failure; and at the present moment there does not exist the slightest indication of any sympathy with the objects of the Lower Canadian insurgents, or of any desire to co-operute with them for political purposes. The danger, however, which may be apprehended from the mere desire to repeat the scenes of Texas in the Canadas, is a danger from which we cannot be secure while the disaifection of any considerable portion of the population continues to give an appearance of weakness to our government. It is in vain to expect that such attempts can wholly be repressed by the federal government, or that they could even be efTectually counteracted by the utmost exer- tion of its authority, if any sudden turn oi affairs should again revive a strong and general sympathy with insurrection in Canada. Without dwelling on the necessary weakness of a merely federal government — without adverting to the difficulty which authorities dependent for their very existence on the popular will, find in successfully resisting a general manifestation of public feeling, the impossibility which any government would find in restraining a popula- tion like that which dwells along the thousand miles of this frontier, must be obvious to all who reflect on the difficulty of maintaining the police of a dispersed community. Nor is this danger itself unproductive of feelings which are in their turn calculated to produce yet further mischief The loyal people of Canada, indignant at the constant damage and terror occasioned by incursions from the opposite shore, naturally turn their hostility against the nation and the government which permit, and which they accuse even of conni- vmg at the violation of international law and justice. Mutual recriminations are bandied about from one side to the other; and the very facilities of intercourse which keep alive the sym- pathy between portions of the two populations, afford at the same time occasions for the colli- sion of angry passions and national antipathies. The violent party papers on each side, and the various bodies, whose pecuniary interests a war would promote, foment the strife. A large portion of each population endeavours to incite its own govf ii! e :.t to war, and at the same time labours to produce the same result by irritating the natioua. feelings of the rival commu- nity. Rumours are diligently circulated by the Canadian press, and every friendly act of the American peo[)le or government appears to be systematically subjected to the most unfavour- able construction. It is not only to be apprehended that this state of mutual suspicion and dislike may be brought to a head by acts of mutual reprisals, but that the oflBcers of the respective governments, in despair of preserving peace, may take little care to prevent the actual commencement of war. Though I do not believe that there ever was a time in which the specific relations of the two countries rendered it less likely that the United States would imagine thai, a war with England could promote their own interests, yet it cannot be doubted that the disturbed state of the Canadas is a serious drawback on the prosperity of a great part of the Union. In- stead of presenting an additional field for their commercial enterprise, these provinces, in their present state of disorder, are rather a barrier to their industrial energies. The present state of things also occasions great expense to the federal government, which has been under the necessity of largely augmenting its small army, on account chiefly of the troubles of Canada. Nor must we forget, that what>^ver as3ur?\nces and proofs of amicable feeling we may receive from the government of the United States, however strong may be the ties of mutual pacific interests that bind the two nations togetb. r, there arc subjects of dispute which may produce less friendly feelings. Natt""ai mterests are now in question between us, of which the immediate adjustment is demanc'ed hv every Tnotive of policy. These interests cannoti be supported with the necessary •i,'^Tur while disaffection in a most mportant part of our North American possessions appears t, ^ivo an ecemy a certain means of inflicting injury and humiliation on the empire. But the chances of rebellion or forci in Invasioj are not those which I regard as either the most probable or the most injurious. The «v^rience oi the last two years suggests the occurrence of a much more speedy and disastrous rcsulc;. 1 dread, in fact, the compietioa of the sad work of depopulation and impoverishisen' which is now rapidly goiog on. The pre-^ .■?' a 88 Earl Durham's Re [4th SesB. 13th Pari. If".'* aent evil is not merely that improvement is stayed, anLi hvX the wealth and population of these colonies do not increase according to the rapid scale oi American progress. No accession of population taUcs place by immigration, and no capital is brought into the country. On thu contrary, both the people and tlio capital seem to bo (luitting iheso distracted provinces. From ino French portion of Lower Canada there has, for a long time, been u large annual emigration of young men to the northern states of the American IJnioi), in which they are highly vulued as labourers, and gain good wages, with their savings from which they generally return to their homes in a few months or years. I do not believe that the usual amount of this emigration has been increased during the lasc year, e.\cept by a few persons prominently compromised in the insurrection, who have sold their properly aud made up their minds to a perpetual e.xile; but I think that there is some reason to believe that, atiiong the class of ha- bitual emigrants whom I have described, a great many now take up their permanent residenco in the United States. But the stationary habits and local attachment of the French Canadi- ans render it little hkely that they will quit their country in great numbers. I am not aware that there is any diminution of the British population from such a cause. The employment of British capital in the province is not materially checked in thi^ principal branch of trade, and the main evils are the withdrawal of enterprising British cajiimlists from the French por- tion of the country, the diminished employment of the capital now in the province, and the entire stoppage of all increase of the population by means of immigration. But from U|)per Canada the withdrawal both of capital and of population has been \cry considerable, f have received accounts from most respectable sources, of a very numerous emigration from the whole of the Western and London districts. It was said by persons who professed to have witnessed it, that considerable numbers had for a long time daily passed over from Amherst- burgh and Sandwich to Detroit; and a most respectable informant stated that he had seen in one of the districts which I have mentioned, no less than 15 vacant farms together on tlio road side. A body of the reforming party huve avowed, in the most open manner, their intention of emigrating from political motives, and publicly invited ail who might lie intlucnced by similar feelings, to join in their enterprise. For this the Mississippi Emigration Society has been formed, with the purpose of facilitating emigration from Upper Canada, to the new territory of the Union, called Iowa, on the west bank of the Upper Mississippi. The prospectus of the undertaking, and the report of the deputies who were sent to examine the country in Jiuestion, were given in the public press, and the advantages of the new colony strongly en- orced by the reformers, and depreciatingly discussed by the friends of the government. ' The number of persons who have thus emigrated is not, however, I have reason to believe, as great as it has often been represented. Many who might be disposed to take such a step cannot sell their farms on fair terms ; and though some, relying on the ease with which land is ob- tained in the United Slates, have been content to remove merel)^ their stock and their chat- tels, yet there are others again who cannot at the last make the sacrifices which a forced sale would necessitate, and who continue, even under their present state of alarm, to remain in hopes of better times. In the districts which border on the St. Lawrence little has, in fact, come of the determination to emigrate which was londly expressed at one time. And some even of those who actually left the country are said to have returned. But the instances which have come to my knowledge induce me to attach even more importance to the class, than to the alleged number of the emigrants ; and I can by no means agree with some of the dominant party, that the persons who thus leave the country are disaflected sub- jects, whose removal is a great advantage to loyal and peaceable men. In a country like Upper Canada, where the introduction of population and capital is above all things needful for its prosperity, and almost for its continued existence, it would bo more pru- dent, as well as just, more the interest as well as the duty of the government, to remove the causes of disaflection, than to drive out the disaffected. But there is no ground fiyr asserting that all the reformers who have thus quitted the country are disloyal and turbulent men ; nor indeed is it very clear that all of them are reformers, and that the increasing insecurity of person and properly have not, without distinction of politics, driven out some of the most valu- able settlers of the Province. A great impression has been lately made by the removal of one of the largest proprietors of the Province, a gentleman who had arrived there not many years ago from Trinidad ; who has taken no prominent, and certainly no violent, part in politics ; and who has now transferred himself and his property to the United States, simply because in Upper Canada he can find no secure investment for the latter, and no tranquil enjoyment of life. I heard of another English gentleman, who, having resided in the country for six or seven years, and invested large sums in bringing over a superior breed of cattle and sheep, wis, while I was there, selling off his stock and implements, with a view of settling in Illinois. I 3th Pari. 8nd Victoria, 1839.] Earl Durham's Report. 89 ation of these i accession of try. On tho .'tl provinces, r large annual licit they are licv generally Kil amount of I prominently 'ir niindd to a u class of ha- eut re»i(Jencu Bnch Catittdi- itii not uwaro employment iicli ol' trade, ! French por- ince, and tho t from Upper [il)le. 1 have ion from tho sscd to hovo om Amherat- e had seen in r on tlio road leir intention nflucnced by iety has been new territory irospectus of e country in strongly en- ment. The leve, as great I step cannot land is ob- 1 their chat- a forced sale to remain in has, in fact, And some he instances to the class, >'ith some of fleeted sub- n a country ve all things 3 more pru- > remove the f )r asserting r.t. men ; nor nsecurity of e most valu- moval of one many years t in politics ; y because in snjoyment of ■ six or seven sheep, wis, 1 Illinois. I was informed of an individual who, 30 yeara aso, had gone into the forett with his axe on his shoulder, and, with no capital at atartinff, had, hy dint of patient labour, acquired a farm and stock which he had sold tor X2,000, with which he went into tho United States. This man, I was assured, was only a specimen of. a numerous class, to whose unwearied industry the growth and prosperity of the colony are mainly to be ascribed. They are now driven from It, on account of the present insecurity of all who, having in former tmies been identihod in {K>litics with some of those who subsequently appeared as prominent actor.4 in tue revolt, are regarded and treated us rebels, though they had held themselves completely aloof from all participation in schemes or acts of rebellion. Considerable alarm also exists as to tho gene- ral disposition to quit the country, which was said to have been produced by some late mea- sures of the authorities among that mild and industrious, but peculiar race of descendtfrits of the Dutch, who inhabit the back part of tho Niagara district. Such are the lamentable results of the political and social evils which have so long agitated the Canadas; and such is their condition, that at the present moment we are culled on to take immediate precautions against dangers so alarming as those of rebellion, foreign invasion, and utter exhnnstion and depopulation. When I look on the various unci deep-rooted causes of mischief which tho past mquiry has pointed out as existing in every institution, in the constitutions, and in the very composition of society throughout a great part of these provinces, I almost shrink from the apparent presumption of grappling with these gigantic difficulties. Nor shall I attempt to do so in detail. I rely on the efficacy of reform in the constitutional system, by vvliicb these colonies are governed, for the removal of every abuse in their admin- istration, which defective institutions have engendered. If a system can be devised which shall lay, in these countries, the foundation of an efficient and popular government — insure harmony, in place of collision, between the various powers of the state — and bring the influ- ence of a vigorous public opinion to bear on every detail of public affairs, we may rely on sufficient remedies being found for the present vices of the administrative system. The preceding pages have sufficiently pointed out the nature of those evils, to theextensive operation of which 1 attribute the various practical grievances, and tho present unsatisfactory condition of tht 'Jorth American colonics. It is not by weakening, but strengthening the influence of the people on its government ; by confining within much narrower bounds than those hitherto allotted to it, and not by extending the interference of the Imperial authorities in the details of colonial alfairs, that I believe that harmony is to be restored, where dissension has so long prevailed, and a regularity and vigour hitherto unknown introduced into the administration of these provinces. It needs no change in the principles of government, no invention of a new constitutional theory, to supply the remedy which would, in my opinion, completely remove the existing political disorders. It needs but to follow out consistently the principles of the British constitution, and introduce into the government of these great colonies those wise [)r■ I [Si I •'••. !»!■ •- >, ' m J •>■-,■• !' • ■a ■■'.•I "^ a ministry. They have never been called fur : because, in fact, it huM been the habit of ministers rather to anticipate the occurrence of nn absolutely hostile vote, and to retire, when supported only by a bure and uncertain ninjority. If colonial legislatures have i'rcquentjy stopped the supplies — if they have harra.4(ted public servants by unjust or harsh im|)eacli- inenta — it was because the removal of an unpopular administration could i)ot bo elkcted in the colonics by those milder indications of a want of conHdence, which have alwn^'s suHiced to attain the end in the mother country. The means which have occasionally been proposed in the colonies tlic!m>4i>lves, appear to me by no means calculated to attain the desired end in the best way. TIicho pr(i|iosals indi- cate such a want oi reliance on the williHgne<)!) of the imperial government to ncrpiiesce in the adoption of a better system, as, if wai runted, would render un harmonious ailjustnient of tho different powers of the state utterly hopeless. An elective executive council woiiM not only be utterly inconsistent with monurcbicul government, but wouhl really, under the nominal authority of the crown, deprive tho community of one of the great advantages of an heredi- tary monarchy. Every purpose of po|)nlar control might bo combined with every advantage of vesting tho immediate clioice of advisers in the crown, were the lolonial (lovcrnor to bo instructed to secure the co-operation of the assembly in his policy, by intrusting its adminis- tration to such men as could command a majority, and if he were given to understand that he need coimt on no aid from home in any difference with the usMeml)ly, that should not directly involve the relations between the mother country and the colony. This change might be effected by a single despatcli, containing such instructions; or if any legal enactment were requisite, it wt)uld only be one that would render it necessary that the official acts of the Governor should be countersigned by some public functionary. This would induce responsi- bility for every act of the government, and, as a natural consequence, it would necessitate the substitution of a system of admitiistration, by 'nea;is of competent heads of departments, for the present rude machinery of an cxeculivo council. The Governor, if he wished to retain advisers not posses.sing the confidence of tho existing assembly, might rely on the effect of an appeal to the people, and, if unsuccessful, he might be coerced by a refusal of the supplies, or Iii3 advisers might be terrified by the prospect of i?npcachment. But there can be no rea.son for apprehending that either party would enter on a contest when each would find its interest in tho maintenance of harmony ; and the abuse of the powers which each would constitution- ally possess would cease, when the struggle for larger powers became unnecessary. Nor can 1 conceive, that it would be found impossible or (iitficult, to conduct a colonial government with precisely that limitation of the respective powers which has been so long and so easily maintained in Great Britain. I know that it has been urged, that the principles which are productive of harmony and good government in the mother country, are by no means applicable to a colonial dependency. It is said that it is necessary that the administration of a colony should be carried on by per- sons nominated without any reference to the wishes of its people ; that they have to carry into effect the policy, not of that people, but of the authorities at home; and that a colony which .should name all itsadmini.3trative functionaries would, in fact, cease to be dependent. I admit that the system which I propose would, in fact, place the internal government of the colony in the hands of the colonists themselves : and that wc should thus leave them to the execution of the laws, of which we have long intrusted tho making solely to them. Perfectly aware of the value of our colonial possessions, and strongly impressed with necessity of maintaining our con- nexion with them, I know not in what respect it can be desirable that we should interfere with their internal legislation in matters which do not affect their relations with the mother country. The matters which so concern us are very few. The constitution of the form of government — the regulation of foreign relations, and of trade with the mother country, the other British colonies, and foreii^ni nation.s and the disposal of the public lands, are the only j)oints on which the mother country requires a control. This control is now sufficiently secured by the authority of the Imperial legislature, by the protection which the colony derives from us against foreign enemies, by the beneficial terms which our laws secure to its trade, and by its share of the reciprocal benefits which would be conferred by a v^ ^e system of colonization. A perfect subordination on the part of the c;)lony on these points is secured by the advantages which it finds in the continuence of its connection with the empire. It cer- tainly is not strengthened, but greatly weakened, by a vexatious interference on the part df the home government with the enactment of laws for regulating the internal concerns of the colony, or in the selection of the persons intrusted with their execution. The colonists may not always know what laws are best for them, or which of their countrymen are the fittest for l3tbParl. 2nd Victoria, 1839.] Earl Durham^i Report. •I the habit of J retire, when vit i'requnntly rah irn()each- >o cilcc'tcd in ways surticod ve», apooar to ropoMulH indi- liiifHce in the titiiu'tit of tho oiild not only r tlio nominal of an heredi- iry advantage ovornor to bo I its admiiiis- derstand that lat should not change might actmcnt were al acta of the ucc rertponsi- ecessitote the )ai-tments, for hed to retain effect of an e supplies, or be no reason tid its interest 1 constitiuion- ry. Nor can I government and so easily harmony and dependency. d OH by per- to carry into jolony which ent. I admit the colony in execution of aware of the ning our con- nterfere with the mother f the form of country, the are the only V sufficiently ilony derives ; to its trade, le system of ts is secured pi re. Itcer- n the part df ncerns of the :olonists may the fittest for conducting their uiCairs ; but iit least, they huvo a greater interest in coming to a right judg- ment on lliose iioints, and will take greater pains to d«) so, than those whoso welfare is very remotely and slightly ati'uctcd by the good or bad legislation of these |N>rtions of the empire. If the colonists make bad laws, and select improper pitrsonM to conduct their uilairs, they will generally \t>: the only, always the grentest, Mutferers ; and, like the people of other countries, they must bear the ills which they bring on themselvcH, until they cho(). % fe LL 1.25 Ui|2£ 125 12.2 ■il lU US 14:0 2.0 IE U 11.6 IH^I 9%, 'n ^> \^- '/ /A Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 145S0 (716) 872-4503 ^>^ '4^ de Earl Durham's Report. [4th Sess. 1 3th Pari. " ^'■■'\ ;1 different forms, and the interests which each individual complslhant represents as in peril are too petty to attract the due attention of the empire. But if these important and extensive colonies should speak with one voice, if it were felt that every error of our colonial policy must cause a common suiTering and a common discontent throughout the whole wide extent of British America, those complaints would never be provoked ; because no authority would venture to run counter to the wishes of such a community, except on points absolutely invol- ving the few imperial interests which it is necessary to remove from the jurisdiction of colonial legislation. It is necessary that I should also recommend what appears to me an essential limitation on the present powers t)f the representative bodies in these colonies. I consider good govern- ment not to be attainable while the present unrestricted powers of voting public money and of managing the local expenditure of the community are lodged in the hands of an Assembly. As long as a revenue is raised which leaves a large surplus after the payment of the neces- sary expenses of the civil government, and as long as any member of the Assembly may, without restriction, propose a vote of public money, so long will the Assembly retain in its hands the powers which it everywhere abuses, of misapplying iliat money. The prerogative of the crown, which is constantly exercised in Great Britain for the real protection of the people, ought never to have been waved in the colonies; and if the ruleof tlie Imperial Par- liament, that no money vote should be proposed without the previous consent of the crown, were introduced into these colonies, it might be wisely employed in protecting the public interests, now frequently sacrificed in that scramble for local appropriations, which chiefly serves to give an undue influence to particular individuals and parties. The establishment of a good system of municipal institutions throughout these provinces, is a matter of vital importance. A general legislature, which manages the private business of every parish, in addition to the common business of the country, wields a power which no single body, however popular in its constitution, ought to have — a power which must be de- structive of any constitutional balance. The true principle of limiting popular power is that aportionment of it in many different depositaries, which has been adopted in all the most free and stable states of the Union. Instead ol'confiding the whole collection and distribution of all the revenues raised in any country for all genf.ral and local purposes to a single representative body, the power of local assessment, and the application of the funds arising from it, should be intrusted to local management. It is in vain to expect that this sacrifice of power will be voluntarily made by any representative body. The establishment of municipal institutions for the whole country should be made a part of every colonial constitution, and the preroga- tive of the crown should be constantly interposed to check any encroachment on the functions of the locnl bodies, until the people should become alive, as most assuredly they almost imme- diately would be, to the necessity of protecting their local privileges. The establishment of a sound and general system for the management of the lands and the settlement of the colonies, is a necessary part of any goo(l and durable system of govern- ment. In a report contained in the appendix to the present, the plan which I recommend for this purpose will be fully developed. These general principles apply, however, only to those changes in the system of govern- ment, which are required in order to rectify disorders common to all the North American colonies ; but they do not, in any degree, go to remove those evils in the present state of Lower Canada, which require the most immediate remedy. The fatal feud of origin, which is the cause of the most extensive mischief, would be aggravated at the present moment, bv any change which should give the majority more power than they have hitherto possessed. A plan by which it is proposed to insure the tranquil government of Lower Canada, must include, in itself, the means of putting an end to the agitation of national disputes in the legis- lature, by settling, at once and for ever, the national character of the province. I entertain no doubts as to the national character which must be given to Lower Canada ; it must be that of the British empire — that of the majority of the population of British America — that of the great race which must, in the lapse of no long period of time, be predominant over the whole North American continent. Without effecting the change so rapidly or so Tjughly as to shock the feelings and trample on the welfare of the existing generation, it must henceforth be the first and steady purpose of the British government to establish an English population, with English laws and language, in this province, and to trust its government to none but a decidedly English legislature. It may be said, thdt this is a hard measure to a conquered people — that the French were originally the whole, and stilt are the bulk, of the population of Lower Canada — that the kh Pari. i in peril are id exten sive onial pulley wide extent lority would lutely invol- >n of colonial al limitation ;ood govern- ; money and xn Assembly. »f the neces- senibly may, retain in its I prerogative action of the iiil)erial Par- f the crown, ig the public hich chiefly se provinces, e business of '^er which no must be de- lower is that he most free ibution of all preseiitative 3m It, should ower will be 1 institutions the preroga- the functions .Imost imme- 0nd Victoria, 188D.] Earl Durham's Report. 93 le lands and m of govern- ommend for m of govern- th American sent state of }rigin, which moment, bv to possessed, anada, must in the legis- I entertain must be that ica — that of ant over the lo Tjughly as It henceforth 1 population, none but a French were da — that the English are new-comers, who have no right to demand the extinction of the nationality of a people among whom commercial enterprise has drawn them. It may be said, that if the French are not so civilized, so energetic, or so money-making a race as that by which they are surrounded, thev are an amiable, a virtuous, and a contented people, possessing all the essentials of material comfort, and not to be despised or ill-used, because they seek to enjoy what they have, without emulating the spirit of accumulation which influences their neigh- bours. Their nationality is, after all, an inheritance — and they must be not too severely pu- nished, because they have dreamed of maintaining, on the distant banks of the St. Lawrence, and transmitting to their posterity, the language, the manners, and the institutions of that great nation, that for two centuries gave the tone of thought to the European continent. If the dis- putes of the two races are irreconcilable, it may be urged that justice demands that the mi- nority should be compelled to acquiesce in the supremacy of the ancient and most numerous occupants of the province, and not pretend to force their own institutions and customs on the majority. But, before deciding which of the ttvo races is now to be placed in the ascendant, it is but prudent to inquire which of them must ultimately prevail; for it is not wise to establish to-day that which must, after a hard struggle, be reversed to-morrow. The pretensions of the French Canadians to the exclusive possession of Lower Canada, would debar the yet larger English population of Upper Canada, and the townships, from access to the great natural channel of that trade which they alone have created, and now carry on. The possession of the mouth of the Saint Lawrence concerns not only those who happen to have made their settlements along the narrow line which borders it, but all who now dwell, or will hereafter dw«ll, in the great basin of that river. For we must not look to the present alone. The question is, by what race is it likely that the wilderness which now covers the rich and ample regions surrounding the comparatively small and contracted districts in which the French Canadians are located, is eveniuslly to be converted into a settled and flourishing country ? If this is to be done in the British dominions, as in the rest of North America, by some speedier Erocess than the ordinary growth of population, it must be by immigration from 'the English ries, or from the United States — the countries which supply the only settlers that have entered, or will enter the Canadas in any large numbers. This immigration can neither be debarred from a passage through Lower Canada, nor even be prevented from settling in that province. The whole interior of the British dominions must, ere long, be filled with an English popula- tion, every year rapidly increasing its numerical superiority over the French. It is just that the prosperity of this great majority, and of this vast tract of country, should be for ever, or even for a while, impeded by the artificial bar which the backward laws and civilization of a part, and a part only, of Lower Canada, would place between them and the ocean? Is it to' be supposed that such an English population v\^ill ever submit to such a sacrifice of its interests ! I must not, however, assume it to be possible, that the English government shall adopt the course of placing or allowing any check to the influx of English immigration into Lower Canada, or any impediment to the profitable employment of that English capital which is already vested therein. The English have already in their hands the majority of the larger masses of property in the country; they have the decided superiority of intelligence on their side; they have the certainty that c(»lonization must swell their numbers to a majority; and they belong to a race which wields the Imperial government, and predominates on the Ameri- can continent. If we now leave them in a minority, they will never abandon the assuranendence would merely be aggravated in a ten-fold degree, by a spirit of jealous and resentful nation- alitv, which should separate the working class of the cornmunity, from the possessors of wealth and employers of labour. I will not here enter into the question of the effect of the mode of life and division of property among the French Canadians on the happiness of the people. I will admit, for the moment, that it is as productive of well-being as its admirers assert. But, be it good or bad, the period in which it is practicable is past; for there is not enough unoccupied land left in that portion of the country in which English are not already settled, to admit of the present French population possessing farms sufficient to supply them with their present means of comfort, under their system of husbandry. No population has increased by mere births so rapidly as that of the French Canadians has since the conquest. At that period their number was estimated at 60,000; it is now supposed to amount to more than seven times as many. — There has been no proportional increase of cultivation, or of produce from the land already under cultivation; and the increased population has been, in a great measure, provided for by the mere continued sub-division of estates. In a report from a committee in the Assembly in 182G, of which Mr. Andrew Stuart was chairman, it is stated, that since 1784 the popula- tion of the seignories had quadrupled, while the number of cattle had only doubled, and the (juantity of land in cultivation had only increased one-third. Complaints of distress are con- stant, and the deterioration of the condition of a great part of the population admitted on all hands. A f)eo[)le so circumstanced must alter their mode of life. It they wi.sh to maintain the same kind of rude, but well-provided agricultural existence, it must be by removing into those {.'arts of the country in which the English are settled; or if they cling to their present residence, they can only obtain a livelihood by deserting their present employment, and work- ing for wages on farms, or in commercial occupations under English capitalists. But their present proprietary and inactive condition is one which no political arrangements can perpet- IthParl. 2nd Victoria, 1839.] Earl Durham's Report. 95 merging in eebSe inde- surrounding ns to supe- rlion of the ixhibit such lat there is when if hoa but to deter- ill be made he delayed, rolled rivals, that people, I distinctions le character I apply this ty. It is to jI) character, md manners :he educated rench Cana- tlie Imperial ;ated classes 9 impossible 1 position in ;e. I desire jtate of rude arrow limits iding them- ngldd with lem must he lat the great ior position, def>endence itfiil nation- >rs of wealth division of linit, for the food or bad, land left in the present nt means of re births so heir number as many, — and already provided for he Assembly the popula- ed, and the CSS are con- litted on all to maintain imoving into heir present It, and work- But their I can perpet- uate. Were the French Canadians to be guarded against the influx of any other population* their condition in a few years would be similar to that of the poorest of the Irish peasantry. There can hardly be conceived a nationality more destitute of all that can invigorate and elevate a peo[)le, than that which is exhibited by the decendants of the French in Lower Canada, owing to their retaining their peculiar language and manners. They are a people with no history, and no literature. The literature of England is written in a language which is not theirs, and the only literature which their language renders familiar to them, is that of a nation from which they have been separated by 80 years of o foreign rule, and still more by those changes which the revolution and its consequences have wrought in the whole political, moral, and social state nf France. Yet it is on a people whom recent history, manners, and modes of thought, so entirely -3e{>arate from them, that the French Canadians are wholly depen- dent for almost all the instruction and amusement derived from books; it is on this essentially, foreign literature, which u conversant about events, opinions, and habits of life, perfectly strange and unintelligible to them, that they are compelled to be dependent. Their newspapers are mostly written by natives of France, who have either come to try their fortunes in the province, or been brought into it by the party leaders, in order to supply the dearth of literary talent available for the political press. In the same way their nationality operates to deprive them of the enjoyments and civilizing influence of the arts. Though descended from the people in the world that most generally love, and have most successfully cultivated the drama ; though living on a continent in which almost every town, great or small, has an English theatre, the French population of Lower Canada, cut ofi* from every people that speaks its own language, can support no national stage. In these circumstances I should be indeed surprised, if the more reflecting part of the French Canadians entertained at present any hope of continuing to preserve their nationality. Much as they struggle against it, it is obvious that the process of assimilation to English habits is already commencing. The English language is gaining ground, ns the language of the rich and of the employers of labour naturally will. It appeared by some of the few returns which had been received by the commissioner of inquiry into the 6iate of educatiHh, that there are about ten times the number of French children in Q,uebec learning English, as compared with English children who learn French. A considerable time must, of course elapse, before the change of a language can spread over a whole people ; and justice and policy alike require that while the people continue to use the French language their government should take no such means to force the English language upon them as wdtild, in fact, deprive the great mass of the community of the protection of the laws. But I rep^, that the alteration of the char- acter of the province ought to be immediately entered on, find firmly, though cautiously, fol- lowed up ; that in any plan which may be adopted for the future management of Lower Canada, the Erst object ought to be that of making it an English province ; and that, with this end in view, the ascendancy should never again be placed in any hands but those of an Eng- lish population. Indeed, at the present moment this is obviously necessary; in the state of mind in which I have described the French Canadian population, as not only now being, but as likely for a long while to remain, the trusting them with an entire control over this province would be, in fact, only facilatating a rebellion. Lower Canada must be governed now, as it must be hereafter, by an English population; and thus the policy which the necessities of the moment force on us is in accordance with that suggested by a comprehensive view of the future and permanent improvement of the province. The greater part of the plans which have been proposed for the futurie government of Lower Canada suggest, either as a lasting or as a temporary and intermediate scheme, that the government of tliat province should be constituted on an entirely despotic footing, or on one that would vest it entirely in the hands of the British minority. It is proposed either to place the legislative authority in a Governor, with a council formed of the heads of the British party, or to contrive some scheme of representation, by which a minority, with the forms of representation, is to deprive a majority of all voice in the management of its own aflliirs. The maintenance of an absolute form of government on any part of the North American continent can never continue for any long time, without exciting a general feeling in the United States against a power of which the existence is secured by means so odious to the jieople ; and as I rate the preservation of the present general sympathy of the United States with the policy of our government in Lower Canada as a matter of the greatest importance, I should be sorry that the feeling should be changed for one which, if prevalent among that people, must extend over the surrounding provinces. The influence of such an opinion would not only act very strongly on the entire French population, and keep up among them a sense ,- i.i rti- 96 Earl Durham's Report. [4th'Se8S. 13th Pari* m ■if:'; 1 \.. !V*i; i.'. .,'t ■-(■V & .;■■ -rl t; ■ '!^ of ii\)ury and a detertninalion of resistance to the goveiiiraent, but would lead to just as great disoootent among the English. In their present angry state of feeling, they might tolerate, for a while, any arrangement that would give them a triumph over the French ; but I have greatly misunderstood their character if they would long bear a government in which they had no direct voice. Nor would their jealousy be obviated by the selection of a council from the persons supposed to have their conhdence. It is not easy to know M'ho really possess that oonndence : and I suspect that there would be no surer way of depriving a man of influence over them, than by treating him as their re|)re8eutative, without their consent. The experience which wc have had of a government irresponsible to the people in these colonies, does not justify us in believing that it would be very well administered ; and the great reforms in the institutions of the province which must be made, ere Lower Canada, can ever be a well-ordered and flourishing community, can.be efiected by no legislature which does not represent a great mass of public opinion. But the great objection to any government of an absolute kind, is that it is palpably of a temporary nature ; that there is no reason to believe that its influence, during the few years that it would be permitted to last, would leave the people at all more fit to manage themselves ; that, on the contrary, being a mere temporary institution, it would be deficient in that stability which is the greatest requisite of government in times of disorder. There is every reason to believe that a professedly irresponsible government would be the weakest that could be devised. Every one of its acts would be discussed, not in the colony, but in England, on utterly incomplete and incorrect information, and run the chance of being disallowed without being understood. The most violent outcry that could be raised by persons looking at them through the medium of English and constitutional notions, or by those who might hope there- by to promote the sinister purposes of faction at home, would be constantly directed against them. Such consequences as these are inevitable. The people of England are not accus- tomed to rely on the honest and discreet exercise of absolute power ; and if they permit a despotism to be ^tablished in their colonies, they feel bound, when their attention happens to be directed towards them, to watch its acts with vigilance. The governor and council would feel this responsibility in all their acts ; unless they happened to be men of much more than ordinary nerve and earnestness, they would shape their policy so as merely to avoid giving a handle to attacks ; and their measures would exhibit all that uncertainty and weakness which such a motive is sure to produce. With respect to every one of those plans which propose to make the English minority an electoral majority, by means of new and strange modes of voting, or unfair divisions of the country, I shall only say, that if the Canadians are to be deprived of a representative govern- ment, it would be better to do it in a straight-forward way, than to attempt to establish a per- manent system of government, on the basis of what all mankind would regard as mere elec- toral frauds. It is not in North America that men can be cheated by an unreal semblance of representative government, or persuaded that they are outvoted, when, in fact, they are, dis- franchised. The only power that can be effectual at once in coercing the present disaffe^ction. and hereafter obliterating the nationality of the French Canadians, is that of a numerical majority of a loyal and English population ; and the only stable government will be one more popular than any that has hitherto existed in the North American colonies. The influence of perfectly equal and popular institutions in effacing distinctions of race without disorder or oppression, and with little more than the ordinary animosities of party in a free country, is memorably exemplified in the history of the state of Louisiana, the laws and population of which were French at the time of its cession to the American Union. A'.d the eminent success of the policy .adopted with regard to that state, points out to us the means by which a similar result can be effected in Lower Canada. The English of Lower Canada,. who seem to infer the means from the result, entertain and circulate the most extraordinary conceptions of the course really pursued in this instance. On the single fact, that in the constitution of Louisiana it is specified, that the public acts of the state shall be " in the langu.age in which the constitution of the United States is written," it has been inferred that the federal government, in the most violent manner, swept away the use of the French language and laws, and subjected the French population to some peculiar disabilities, which deprived them, in fact, of an equal voice in the government of their state. Nothing can be more contrary to the fact. Louisiana, on its first session, was governed as a *< district"; its public oflicers were appointed by the federal government, and, as was natural 3th Pari* just as great light tolerate, but I have n which they council from ' possess that of influence iople in these red ; and the Canada, can e which does lalpably of a he few years s themselves ; that stability svery reason hat could be Endand, on wed without ung at them hope there- icted against e not accus- ley permit a n happens to 3uncil would h more than ro'id giving a ikness which lish minority isions of the tive govern- ablish a per- i mere elec- emblance of ley are, dis- fe^ction, and cal majority ore popular of perfectly oppression, memorably which were :ce8s of the milar result It, entertain bis instance, iblic acts of is written," )t away the ne peculiar their state, yrerned as a waa natural .2iid Victoria, 1899.] Earl Diirhan^f Repoit. 97 under the circumstances of the case, they were natives of the old states of the union. In 1812, the district, having the requisite population, was admitted into the union as a state, and admitted on precisely the same terms that any other population have, or has been. The con- stitution was framed so as to give precisely tne same power to the majority as is enjoyed in the other states of the union. No alteration was then made in the laws. The proof of this is afforded by a fact familiar to everv person moderately acquainted with the jurisprudence of the age. The code, which is the glory uf Louisiana, and Mr. Livingstone, was subsequently undertaken under the auspices of the legislature, in consequence of the confusion daily arising in the administration of the English and French system of law in the same courts. This change of laws, elfected in the manner most consonant to the largest views of legislation, was not forced on the legislature and people of the state by an external authority, but was the suggestion of their own political wisdom. Louisiana is not the only state in the union which has been troubled by the existence of c nflicting systems of law. The state of New York, till within a few years, suffered under the same evu, which it remedied in the same way, by em- ploying a commission of its ablest lawyers to digest both systems of law into a common code. The contending populations of Lower Canada may well imitate these examples : and if, in- stead of endeavouring to force their respective laws upon each other, they would attempt an amalgamation of the two systems into one, adopting what is really best :n both, the result would be creditable to the province. Every provision was made in Louisiana for securing to both races a perfectly equal par- ticipation in all the benefits of the government It is true that the intention of the federal gov- ernment to encourage the use of the English language, was evinced by the provision of the con- stitution with respect to the language of the records ; but those who will reflect how very few people ever read such documents, and how very recently it is that the English language has become the language of the law in this country, will see that such a provision could nave little practical effect. In all cases in which convenience requires it, the different parties use their respective languages in the courts of justice, and in both branches of the legislature. In every judicial proceeding, all documents which pass between the parties are required to be in both languages, and the laws are published in both languages. Indeed, the equality of the two languages is preserved in the legislature by a very singular contrivance : the French and English members speak their respective languages, and an interpreter, as I was informed, after every speech, explains its purport in the other language. For a long time, the distinction between the two races was the cause of great jealousy. The Americans crowded into the state, in order to avail themselves of its great natural re- sources, and its unequalled commercial advantages , there, as everywhere else on that conti- nent, their energy and habits of business gradually drew the greater part of the commercial business of the country into their hands 5 and though, I believe, a few of the richest merchants, and most of the owners of plantations, are French, «^he English form the bulk of the wealthier classes. Year after year their numbers have become greater, and it is now generally supposed that they constitute the numerical majority. It may be imagined that the French have borne this with a good deal of dissatisfaction; but as the advantages gained by the English were entirely the result, not of favour, but of their superiority in a perfectly free competition, this jealousy could excite no murmurs against the government. The competition made the two races enemies at first, but it has gradually stirred the emulation of the less active race, and made them rivals. The jealousies in the city of New Orleans were so great atone time, that the legislature of the state, at the desire of the English, vvho complained of the inertness of the French, formed separate municipalities for the French and English parts of the city. These two municipalities are now actuated by a spirit of rivalry, and each undertakes great public works for the ornament and convenience of their respective quarters. The distinction still lr,sts, and still causes a good deal of division ; the society of each race is said to be in some measure distinct, but not by any means hostile— and some accounts represent the social mixture to be very great. ^11 accounts represent the division of the races as becoming gradually less and less marked ; their newspapers are printed in the two langua- ges, on opposite pages ; their local politics are entirely merged in those of the union ; and, instead of discovering in their papers any vestiges of a quarrel of races, they are found to contain a repetition of the same party recriminations, and party arguments, which abound in all other parts of the federation. # s '•■. 98 ■*i V ! Earl Durham's ReporL [4th Seas. 13th Pari r z??!, •,i ' r * ■ ■ M n i'f/ ^'^^?^^:i The explanation of this amalgomrition ia obvious. The French of Louisiana, when they were formed into a state, in which they were a majority, were incorporated into a great na- tion, of which they constituted an extremely small part. The eye ot evoay ambitious man turned naturally to the great centre of federal affairs, and the high prizes of lederal ambition. The tone of politics was taken from those by whose hands its highest powers were wielded ; the legislation anJ government of Louisiana were from the first insignificant, compared with the interests involved in the discussions at Washington. It became the object of every aspi- ring man to merge his French, and adopt completely an American nationality. What was the interest of individuals, was also the interest of the state. It was its policy to be represented by those who would acquire weight in the councils of the fndeiHtion. To speak only a lan- guage foreign to that of the United States was, consequently, a disqualificbtion for a candidate lor the posts of either nenatof or representative ; the French qualified themselves by learning English, or submitted to the superior advantages of their English competitors. Ihe repre- sentation of Louisiana, in congress, is now entirely English, while each of the federal parties it) the state conciliates the French feeling, by putting up a candidate of that race. But the result is, that the union is never disturbed by the quarrels of these races ; and the French language and manners bid fair, in no lung time, to follow their laws, and pass away like the Dutch peculiarities of New York. It is only by the same means — by a popular government, in which an English majority shall permanently predominate, that Lower Canada, if a remedy for its disorders be not too long delayed, can be tranquilly ruled. Oij these grounds, I believe that no permanent or eflUcient remedy can be devised for the disorders of Lower Canada, except a fusion of the government in that of one or more of the siirrounding provinces; and as I am of opinion, that the full establishment of responsible government can only be permanently secured by giving these colonies an increased import- ance in the politics of the empire, I find in union the only means of remedying at once, and completely, the two prominent causes of their present unsatisfactory condition. Two kinds of union have been proposed — federal and legislative. By the first, the sepa rate legislature of each province would be preserved in its present form, and retain almost all its present attributes of internal legislation — the federal legislature exercising no power, save in tliose matters of general concern which may have been expressly ceded to it by the con- stituent provinces. A legislative union would imply a complete incorporation of the provinces included in it under one legislature, exercising universal and sole legislative authority over all of them, in exactly the same manner as the parliament legislates alone for the whole of the British Isles. On my first arrival in Canada, I was strongly inclined to the project of a federal union ; and it was with such a jilan in view, that I discussed a general measure for the government from the colonies with the deputations of the Lower Provinces, and with various leading individuals and public bodies in both the Canadas. I was fully aware, that it might be objected that a federal union would, in many cases, produce a weak and rather cumbrous government ; that a colonial federation must nave, in fact, little legitimate authority or business, the greater part of the ordinary functions of a federation falling within the scope of the Imperial legislature and executive; and that the main inducement to federation, which is the necessity of conciliating the pretensions of independent states to the maintenance of their own sovereignty, could not exist in the case of colonial dependencies, liable to be moulded accord- ing to the pleasure of the supreme authority at home. In the course of the discussions which I have mentioned, I became aware also of great practical difficulties in any plan of federal government, particularly those that must arise in the management of the general revenues, which would, in such a plan, have to be again distributed among the provinces. But I had still more strongly impressed on me the great advantages of a united government; and I was gratified by finding the leading minds of the various colonies strongly and p;enerally inclined to a scheme, that would elevate their countries into something like a national existence. I thought that it would be the tendency of a federation, sanctioned and consolidated by a monarchical government, gradually to become a complete legislative union ; and that tnus, while conciliating the French of Lower Canada, by leaving them the government of their own province, and their own internal legislation, I might provide for the protection of British interests by the general government,, and for the gr&dual transition of the provinces intot an united and homogeneous community. ■.T 3th ParL la, when they .0 a ^reat na- mbitious man eral ambition, 'ere wielded ; impared with >f every aapi- What waa the 9 represented ik only a lan- >r a candidate » bv learning 1 he repre- edcral parties ce. But the I the French iway like the [lish majority rs be not too J devised for B or more of f responsible ased im port- al once, and irst, the sepa ain almost all power, save by the con- the provinces ithority over whole of the deral union; government ious leading it might be 3r cumbrous ror business, cope of the which is the of their own Ided accord- ssions which n of federal al revenues, But I had ; and I was illy inclined xistence. I dated by a d that thus, ent of their in of British tees intot aa 2nd Victoria, 1839.] Earl Durham's Report. 1)9 But the period of gradual transition is past in Lower Canada. In the present state of feeling among the BVench population, I cannot doubt that any power which they might {lossess woula be ujed against the policy and the very existence of any form of British government I cannot doubt that any French assembly that shall again meet in Lower Canada, will uso whatever power, be it more or less limited, it may have to obstruct the government, and undo whatever lias been done by it. Time, and the honest co-operation of the various parties, would be required to aid the action of a federal constitution ; and time is not allowed, in the present state of Lower Canada, nor co-operation to bo ex|)ectcd from a legislature of which represent its French inhabitants. I believe that tranquillity can only be and that the the majority shall restored, by subjecting the province to the vigorous rule of an English majority only eflficaclouH government would be that formed by a legislative union. If the population of Upper Canada is rightly estimated at 400,000, the English inhabitants of Lower Cniiada at 150,000, and the French at 460,000, the union of the two provinces would not only give a clear English fliajority, but one which would bo increased every year by the influence of English emigration; and I have little doubt that the French, when once placed, by the legitimate course of events and the working of natural causes, in a minority, would abandon their vain lianes of nationality. I do not mean that they would immediately give up their present animosities, or instantly renounce the hope of attaining their end by violent means. But the experience of the two unions in the British Isles maj teach us how eflectually the strong arm of a pojjulur legislature would compel the obedience of the refrac- tory population ; and the hopelessness of success would gradually subdue the existing animosi- ties, and incline the French Canadian population to ac(iuiesco in their new state of political existence. I certainly should not like to subject the I'rench Canadians to the rule of the identical English minority with which they have so long been contending ; but from a majority emanating from ho much more extended a source, I do not think they would have any oppres- Hion or injustice to fear; and in this case the far greater part of the majority never having been brought into previous collision, would regard them with no animosity that could warp their natural sense of equity. The endowments of the catholic church in Lower Canada, and the existence of all its present laws, until altered by the United Legislature, might bo, secured by stipulations similar to those adopted in the union between England and Scotland. I do not think that the subsequent history of British legislation need incline us to believe, that the nation which has a majority in a popular legislature is likely to use its power to tamper very hastily wiih the laws of the people to which it is united. The union of the two provinces would secure to Upper Canada the present great objects of its desire. All disputes as to the division or amount of the revenue would cease, 'i'he j-urplus revenue of Lower Canada would suj)ply the deficiency of that part of the Upper Province; and the province thus placed beyond the possibility of locally jobbing the surplus revenue, which it cannot reduce, would, I think, gain as much by the arrangement as tho {province which would thus find a means of paying the interest of its debt. Indeed, it would >ia by no means unjust to place this burden on Lower Canada, inasmuc^h as the great public works for which the debt was contracted are as much the concern of o province as of the other. Nor is it to be supposed that, whatever may have been the mismanagement in which a great part of the debt originated, the canals of Upper Canada will always be a source of loss instead of profit. The completion of the projected and necessary line of public works woi?ld be promoted by such an union. The access to the sea would be secured to Upper Canada. The saving of public money, which would be insured by the union of various esta~ blishments in the two provinces, would supply the means of conducting the general government on a more efficient scale than it has yet been carrier! on ; and the responsibility of the execu- tive would be secured by the increased weight which t!ie representative body of the United, Province would bring to bear on the Imperial government and legislature. But while I convince myself that such desirable ends would be secured by the legislative union of the two provinces, I am inclined to go further, and inquire whether all these objects would not more surely be attained by extending this legislative union over all the British pro- vinces in North America ; and whether the advantages which I anticipate for two of them, might not, and should not in justice, be extended over all. Such an union would at once decisively settle the question of races ; it would enable all the provinces to co-operate for all common purposes ; and, above all, it would form a great and powerful people, possessing the means of securing good and responsible government for itself, and which, under the protection of the British einpire, might in some measure counterbalance the preponderant and increasing inflaence of the United States on the Americaa contineot. I do not anticipate that a celonial e J ■:a.\ '^\ loo •ifl Bsti Dnriiafn't Report. [4th Sesi. 13lli P»rl. %-■} legislature thut ttronB, and thus Mir-aoverning, would desire to abandon the connexion with Great Britain. On the contrary, I believe that the practical relief from undue interference, which would be the result of such a change, would strengthen the present bond of feelings and interests ; and that the connexion would only become more durable and advantageous, by having more of equality, of freedom, and of local independence. But, at any rate, our first duty IS to secure the well-being of our colonial countrymen; and if in the hidden decrees of that wisdom by which this world is ruled, it is written, that lliese countries are for ever to remain portions of the empire, wo owe it to our honour to take good euro that when they separate from us, they should not bo the only countries on the American continent in wliicn the Anglo-Haxon race shall be found unfit to govern itself. I am, in truth, so far from believing that the increnHcd power and weight that would be given to these colonies by union would endanger their connexion with the empire, thnt I look to it as the only means of fostering such a natiotiul feeling throughout them as would effec- tually counterbalance whatever tendencies may now exist towards separation. No large community of free and intelligent men will long feel contented with a political system which places them, because it places tlieir country, in a position of inferiority to their neighbours. — The colonist of Great Britain is linked, it is true, to a mighty empire, and the glories of its history, the visible signs of its present jjower, and the civilization of its people, are calculated to raise and gratify his national pride. But he feels, also, that his link to that empire is one of remote dependence ; he catches but passing and inadequate glimpses of its power and nros- perity ; ho knows that in its government he and his own countrymen have no voice — While nis neighbour on the other side of the frontier assumes importance, from the notion that his vote exercises some influence on the councils, and that he himself has some share in the onward progress of a mighty nation, the colonist feels the deadening influence of the narrow and subordinate community to which he belongs. In his own, and in the surrounding colonies, he finds petty objects occupying petty, stationary, and divided societies ; and it is only when the chances of an uncertain and tardy communication bring intelligence of what has passed u month before on the other side of the Atlantic, that he is reminded of the empire with which he is connected. But the influence of the United States surrounds him on every side, and is forever present. It extends itself as population augments and intercourse increases ; it pene- trates every portion of the continent into which the restless spirit of American speculation impels the settler or the trader ; it is felt in all the transactions of commerce, from the impor- tant operations of the monetary system down to the minor details of ordinary traffic : it stamps on all the habits and opinions of the surrounding countries the common characteristics of the thoughts, feelings and customs of the American people. Such is necessarily the influence which a great nation exercises on the small communities which surround it. Its thoughts and manners subjugate them, even when nomiiially independent of its authority. Ifwewishto prevent the extension of this influence, it can only be done by raisins; up for the North Ame- rican colonist some nationality of his own, by elevating these small and unimportant communi- ties into a society having some objects of a national importance, and by thus giving their inhabitants a country, which they will be unwilling to see absorbed even into one more powerful. While I believe that the establishment of a comprehensive system of government, and of an eflectual union between thediflercnt provinces, would produce this important effect on the general feelings of their inhabitants, I am inclined to attach very great importance to the influence which it would have in giving greater scope and satisfaction to the legitimate ambi- tion of the most active and prominent persons to be found in them. As long as personal ambition is inherent in human nature, and as long as the morality of every free and civilized community encourages its aspirations, it is one great business of a wise government to provide for its legitimate develoj)ement. If, as it is commonly asserted, the disorders of these colonies have, in great measure, been fomented by the influence of designing and ambitious individuals, this evil will best be remedied by allowing such a scope for the desires of such men as shall direct their ambition into the legitimate chance of furthering, and not of thwarting, their government. By creating high prizes in a gi?neral and responsible government, we shall im- mediately afford' the means of pacif^ying the turbulent ambitions, and of employing in worthy and noble occupations, the talents which now are only exerted to foment disorder. We must remove from these colonies the cause to which the sagacity of Adam Smith traced the aliena- tion of the provinces which now form the United States ; we must provide some scope for what he calls ' the importance of the leading men of the colony,' beyond what he forcibly terms the present ' petty prizes of the paltry rafHe of colonial faction.' A general legislative 13lh Pftrl. Sdcl Victoria, 1839.] Earl Durhann'i Report. 101 ionnexion with e interference, ond of feelings vantageous, by rate, our first len decrees of re for ever to lat when they iient in which that wouhl be ire, that I look IS would edec- on. No large system which neighbours, — c glories of its are calculated iipire is one of »wer and pros- voice — While notion that his le share in tho of the narrow nding colonies, t is only when It has passed u ire with which sry side, and is ?ases ; it penc- lan speculation ■om the impor- iffic : it stamps iteristics of the Y the influence s thoughts and If we wish to le North Ame- tant communi- us giving their nto one more rnment, and of nt effect on the ortance to the gitimate ambi- ng as personal 3 and civilized lent to provide these colonies us individuals, h men as shall iwarting, their t, we shall im- 'ing in worthy er. We must :ed the aliena- lome scope for lat he forcibly sral legislative union would elevate and gratify the hopes of able and aspiring men. They would no longer look with onwy and wonder at the great arena of the bordering federation, but see the mcanii of satisfying every legitimate ambition in the high oflices of the judicature and executive government of their own union. Nor would an union of tho various provinces bo less advantageous in facilitating a co- operation for various common purposes, of which tho want is now very seriously felt. There is hardly a department of the business of government which does not require, or would not bo better performed, by being carried on under tho superintendence of a general government; and when we consider the political and commercial interests that are common to thcsn pro- vinces 't appears difficult to account for their having ever been divided into separate govern- ments, since they have all been portions of tho same empire, subject to tho same crown, governed by tho same laws and constitutional customs, inhabited, with one exception, by the same race, contiguous and immediately adjacent to each other, and bounded along their whole frontier by the territories of the same powerful and rival state. It would a[)pear that every mo- tive that has induced tho union of various provinces into a single state, cxisf^ from tho consolida- tion of these colonies under a common legislature and executive. They have the samocommon relation to tho mother country ; the same relation to foreign nations. When one is at war, the others are at war ; and the hostilities that are caused by an attack on one, must seriously compromise the welfare of the rest. Thus tho disputes between Great Britain and the state of Maine appears immediately to involve tho interest of none of these colonies, except New Brunswick or Lower Canada, to one of which the territory claimed by us must belong. But if a war were to commence on this ground, it is most probable that the American government would select Upper Canada as the most vulnerable, or, at any rate, as the easiest point of attack. A dispute respecting the fisheries of Nova Scotia, would involve precisely the same consequences. An union for common defence against foreign enemies is the natural bond of connexion that holds together the great communities, of tho world ; and between no parts of any kingdom or state is the necessity for such an union more obvious, than between the whole of these colonies. Their internal relationa furnish quite as strong motives for uni'^n. The post office is at the present moment under the management of the same imperial escablishment. If, in com- pliance with the reasonable demands of the colonies, the regulation of a matter so entirely of internal concern, and the revenue derived from it, were placed under the control of the pro- vincial legislatures, it would still he advisable that the management of the post office through- out the vvhole of Britt^^h North America should be conducted by one general establishment. In the same way, so great is the influence on the other provinces of the arrangements adop- ted with respect to the disposal of public lands and colonization in any one, that it is abso- lutely essential that this department of goverhment should be conducted on one system, and by one authority. The necessity of common fiscal regulations is strongly felt by all the colonies i and a common custom-house establishment would relieve them from the hindrances to their trade caused by the duties now levied on all commercial intercourse between them. The monetary and banking system of all is subject to the same influences, and ought to be regulated by the same laws. The establishment of a common colonial currency is very gen- erally desired. Indeed, I know of no department of government that would not greatly gain, both in economy and efficiency, by being placed under a common management. I should not propose, at first, to alter the existing public establishments of the different provinces, because the necessary changes had better be left to be made by the united government ; and the judicial establishments should certainly not be disturbed until the future legislature shall provide for the re-construction on an uniform and permanent footing. But even in the admin- istration of justice, an union would immediately supply a remedy for one of the most serious wants under which all the provinces labour, by facilitating the formation of a general appel- late tribunal for all the North American colonies. But the interests which are already in common between all these provinces are small in comparison with those which the consequences of such an union might, and I think I may say assuredly would, call into existence'; and the great discoveries of modern art, which have throughout the world, and nowhere more than in America, entirely altered the character and the channels of communication between distant countries, will bring all the North American Colonies into constant and speedy intercourse with each other. The success of the great experiment of steam navigation across the Atlantic, opens a prospect of a speedy communica- tion with Europe, which will materially affect the futare state of all these provinces. In a 1 103 Earl Durham*! Report. [4th Sou. 1 3Ui Pari. » ■■ :f'< ■fv vr.. ' I-; - » ..♦■; detpntoh which arrived in Caimila alter my (lo|)urtiiru, the BocnUary nf Sttito inrortnod mo of ihu detorininntidn of your Miijuiity'ii (jovuriimont to uHtahhoh a utt^arii coriimutiication botwuen Great Uritiiiii mid Ilidifax, and inntnuitod inu to turn my attention to thu formation of a routl hetvvt'un that nort and dluelice. It woidd, indeed, have given me Miiicero N.ntiitfac- tion, had I remiiined in tlie province, to promote, liy any means in my power, ho liiglily desira- ble an object; and tliu removal of tiie usual reslrictionn on my authority ah (iovernor-Cieneral having uiven me the meauH of eii'ectually acting in concert with the various iirovincial govern- inentH, 1 miu;ht have been al)le to make Home progrcMM in the work, iliit 1 cannot [loiut out mon; Htrikiiigly the evils of the prcHcnt want ol a gent-rul government for thent) provinccM, than by adverting tu the tliihculty which would practically occur, under the previouM and present urrangemontti ol bodi executive and legiHlativcauthoritieH in the various provincl■^<, in attempt- ing to carry such a plan into eli'ect. For the various colonies have no more means of concort- ing such common works with each other, than with the neighbouring states of the union.— They stand to one another in the position of foreign states, and of fori'ign slates without diplomatic ivlalions. The governors may corres[)ond with each other ; the legislatures may enact laws, carrying the coinnion purposes into ellect in their respective jurindiclions ; but there is no means by which the various tiefails may speedily and salisfactoiily be settled with the eoiuMirrence oi the dilferent parties. Anletion of any satisfactory communication between Hrlifax and Quebec would, in fact, produce relations between these provinces that would render a general union abso- lutely necessary. Several surveys have proved that a railroad would bo perfectly practicable the whole way. Indeed, in North America, the expense and difficulty of making a railroad boars by no means the gni .-.ssi.e proportion to those of a common rend that it docs in Europe. It appears to be a general o[)inion in the United States, that tho severe snows and frosts of that continent very slightly impede, and do not prevent, the travelling oti railroads; and, if I am rightly informed, the Utica railroad, in the northern part of tho state of New York, is used throughout the winter. If this opinion be correct, the formation of a railroad from Halifax to (Quebec, would entirely alter some of the dijitinguishing characteristics of the Canadas. Instead of being shut out from all direct intercourse with England during half the year, they would possess a far more certain and 8|)ecdy communication tliroughout the winter than they now possess in summer. Tho j)assage from Ireland to Ciuebec would be a matter of 10 or 12 days, and Halifax would be tho great jiort by which a large portion of the trade, and all the conveyance of passengers to the whole of British North America, would be carried on. But, even supposing these brilliant prosj>ects to be such as we could not reckon on seeing realized, I may assume that it is not intended to make this road without a well-founded belief that it will become an important channel of communication between tho upper and lower provinces. In either case, would not the maintenance of such a road, and the mode in which the govern- ment is administered in the diflerent provinces, be matters of common interest to all ? If the great natural channel of the St. Lawrence gives all the people who dwell in any part of its basin such an interest in the government of the whole as renders it wise to incorporate the two Canadas, the artificial work which would, in fact, supersede the lower part of the St. Lawrence, as the outlet of a great part of tho Canadian trade, and would make Halifax, in a great measure, an outport to Q,uebec, would surely in the same way render it advisable that the incorporation shouUl be extended to provinces through which such a road would pass. With respect to the two smaller colonies of Prince Edward's island and Newfoundland. I am of opinion, that not only would most of the reasons which I have given for an union of the others apply to them, but that their smallness makes it absolutely necessary, as the only means of securing any proper attention to their interests, and investing them with that consi- deration, the deficiency of which they have so much reason to lament, in all the disputes which yearly occur between them and the citizens of the United States, with regard to the encroach- ments made by the latter on their coasts and fisheries. l3chParl. 2nd Victoria, 1839.] Earl Durham*fi Report. 103 '( inlorinod mo •riirniiiiicutioii fill! I'liriimtiun icont N.'ttiitf'uc- liiglily deiira- nior-Cioricral inciiil govcrn- iiot. poiut out loviiict'H, thou '■i and presont 'I*, ill ntlcmpt- is (iC coiicort- lliu union. — tatos without islatures may iliclioiia; liut » sot tied with ict(;d that tho D, but wL'vcral Ciuiuda, into •such a work eod, have no niul-olHco nt o interests of id whore tho ound. icbec would, union ubso- y practicable ng a railroad Q9 in Europe, md frosts of lis; nnd, if I Sfork, is used rotn Halifax be Canadaa. e year, they er than they •of 10 or 12 and all the ;d on. Bur, ing realized, lelief that it !r provinces, the govern- all? If the y part of its •rporate the 't of the St. Halifax, in a visable that uld pass. V found land, an union of as the only that consi- )ute8 which B eocroaoh- Tho viewH on which I found my iiun|K)rt of a comprehL>n<*ivo union have long licon cn- lertained by mniiy i)eriion!i in thcRc; colonici whoNo opinion in entitled to the hiuheit contido* ration. I cannot, bowovcr, rrfrain from tiKMitioning tlu* Hiinctioti of nuth vievvN l)y one whoso authority your Mtijt'Hty will, 1 may venture to ttiiy, receivo with the ulnioHt renpeet. Mr. tiowell, thu late Chief Juntice of Quebec, laid buliiro niu an uiitouniph leltnr nddrexsod to hiiiuulf by your Miije-sty's illu.xtrious and lanuMited father, in whicli Iiin Royul IlighnesH wnfl pleased to express hi-t approbation of u siniilar plan llxm propoNed by lli:i.t uontlnnaii. No one belter understood the interests and charactttr of iheso colonies tliiiii hin iToyal liiglmess; and it is with peculiar Nuti>tfuclion, tlu'ri'lore, that I Hiibmit to your MnjcMty'H peru.'^iil tlic im- portant document which contains his lloyal IJijhncHH'H ojiinion in favour of such aNchemo:— "Kknninoton Palace, Nov, ''0, IHl'l. " My dear Sewell, — I Imve this day had the picusuro ol' n-ceiving your not . of ycHt'.'rday, with its interesting enclosure; nothing can be belter arranged than the whole thing is, or inoro perfectly I cannot wish; and when 1 see an opening, it is fully my iiitentioii to hii't the mat- ter to Lord IJathurst, and put tho paper into his hands, without, however, telling him from whom I have it, though I shall urge him to have suine conversation with you relative to it. Permit mo, however, just to ask you whetluM" it was not an overwight in )ou to state that there arc five Houses of Assembly in the British colonies in North America t lor, if I am not under on error, there are six, viz. Upper and Lower Canar6portions in which you think tho 30 members of tho representative assembly ought to be urnished by each province ; and finally to suggest whether you would not think two Lieu- tenant Governors, with two Executive Councils, sulHeient for the executive government of tho whole — viz. one for tho two Canadas, and one for Nova Scotia and New Brunswick, compre- hending tho small In the same Act should be contained a repeal of past provisions, with respect to the clergy reserves, and the application of the funds arising from l';em. In order to promote envigration on the greatest possibte scale, and v;ith the mcst benefi- cial results to all concerned, I have elsewhere recommended a system of measures which has been expressly framed with that view, after full inquiry and careful deliberation. Those measures would not subject either the colonies or the mother countiy to any expense what- ever. In conjunction with the measures suggested for disposing of public lands, and reme- dying the evils occasioned by past mis-management in that department, they form a plan of colonization to which I attach the highest importance. The objects, at least, with whieh the plan has been formed, are to provide large funds for emigration, and for creating and impro' ving. means of communication throughout the provinces ; to guard emigrants of the labouring class against the present risks of the passage ; to secure for all of them a comfortable resting- place, and employment, at good wages, immediately on their arrival; to encourage the invest- ment of surplus British capital in these colonies, by rendering it as secure and as profitable as in the United States; to promote the settlement of wild lands, and the general improvement of the colonies ; to add to the value of every man's property in land ; to extend the demand for British-manufactured goods, and the means of paying for them, in proportion to the amount of emigration, and the general increase of the colonial people ; and to augment tHe colonial revenues in the same d^ree. When the details of the measure, with the particular reasons for each of them are exam- ined, the meaus proposed will, I trust, be found as simple as the ends are great ; nor have they been suggested by any fanciful or merely speculative view of the subject. They are founded on the facts given in evidence by practical men ; on authentic informationr ns to the wants and capabilities of the colonies ;. on an examination of the circumstances which occa - sion so high a degree of prosperity in the neighbouring States ; on the efficient working and remarkable results of improved methods of colonization in other parts of the British empire; in some measure on the deliberate proposals of a Committee of the House of Commons; and lastly, on the favourable opinion of every intelligent person in the colonies, whom I consulted with respect to them. They involve, no doubt, a considerable change of system, or rather the adoption of a system where there has been none ; but ibis, considering the number and >r M .■ii ^■., >.■■ ^ 106 Earl Durham's Report. [4th Seia. Idtb Pari. dad rO-, ti .■■. ?• magnitude of past errors, and the present wretched economical state of the colonies, scdmt rather a recommendation than an objection. I do not flatter myself that so much good can be accomplished without an effort ; but in this, as in bther suggestions, I have presumed that the Imperial government, and Legislature, will appreciate the actual crisis in the affairs ot these colonies, and will not shrink irom any exertion that may be necessary to preserver them to the empire. By the adoption of the various measures here recommended, I venture to hope that the disorders of these colonies may be arrested, and their future well-being and connection with the British empire secured. Of the certain result of my suggestions, I cannot, of course, speak with entire confidence, because it seems almost too much to hope that dviUof so long growth, and such extent, can be removed by the tardy application of even the boldest remedy ; and because I know that as much depends upon the consistent vigour and prudence of those who may have to carry it into etfect, as on the soundness oftlio policy suggested. The deep rooted evils of Lower Canada will require great firmness to remove them. The disorders of Upper Canada, which appear to me to originate entirely in mere defects of its constitutional system, may 1 believe, be removed by adopting a more sound and consistent mode of adminis- tering the government. We may derive some confidence from the recollection, that very simple remedies yet remain to be resorted to for the first time. And we need not despair of governing a people, who really have hitherto very imperfectly known what it is to nave a government. I have made no mention of emigration, on an extended scale, as a cure for political dis- orders : because it is my opinion, that until tranquility is restored, and prospect of a free and stable government is held out, no emigrants should be induced to go to, and that few would at any rate remain in, Canada. But if by the means which I have suggested, or by any other, peace can be restored — confidence created — and popular and vigorous government establish* ed — I rely on the adoption of a judicious system of colonization as an effectual barrier against the recurrence of many of the existing evils. If I should have miscalculated the proportions in which the friends and the enemies of British connection may meet in the united legislature, one year's emigration would redress the balance. It is by a sound system of colonization, that we can render these extensive regions available for the benefit of the British people.— The mis-management by which the resources of our colonies have hitherto been wasted, has, I know, produced in the public mind too much of a disposition to regard them as mere sources of corruption and loss — and to entertain, with too much complacency, the idea of abandoning them as useless. I cannot participate in the notion, that it is the part either of prudence or of honour to abandon our countrymen, when our government of them has plunged them into disorder, or our territory, when we discover that we have not turned it to proper account. — The experiment of keeping colonies, and governing them well, ought at least to have a trial, ere we abandon for ever the vast dominion which might supply the wants of our surplus population, and raise up millions of fresh consumers of our manufactures, and producers of a supply for our wants. The warmest admirers, and the strongest opponents of republican insti- tutions, admit or assert that the amazing prosperity of the United States, is less owing to their form of government than to the unlimited supply of fertile land, which maintains succeeding generations in an undiminishing affluence of fertile soil. A region as large and as fertile is open to yo'ir Majesty's subjects, in your Majesty's Atherican dominions. The recent improve- ments of the means of communication will, in a short time, bring the unoccupied lands of Canada and New Brunswick within as easy a reach of the British Isles, as the territoriea of Iowa and Wisconsin are of that incessant emigration that annually quits New England fortha Far West i see no reason, therefore, for doubting that, by good government, and the adoption of a sound system of colonization, the British possessions in North America may thus be made the means of conferring on the suffering classes of the mother country, many of the blessings which have hitherto been supposed to be peculiar to the tocial state of the new world. In conclusion, I mikst earnestly impress on your Majesty's advisers, and on the Imperial Parliament, the paramount necessity of a prompt and decisive settlement of this important qaestion, not only on account of the extent and variety of interests, involving the welfare and security of the British empire, which are perilled by every hour's delay, but on account of the state of feeling which exists in the public mind throughout aU your.Mi\}esty's North Aaatf-' rican possessions, and more especially the two Canadas. aibPwt. dind Victoria, 1839.] Earl Durham's Report. 107 loniM, ttemt loh good CM esuraed l^at the aflTairs ot eservtf them ope that the uection with lourse, speak long growth, emedy; and )f those who The deep disorders of onstitutiunal ! of admiuis- )n, that very t despair of 8 to have a political dis- f a free and t kw would y any other, fit establish- rier against proportions legislature, :olonization, h people.— wasted, has, lere sources abandoning dence or of i them into account. — ave a trial, our surplus Jucers of a >]ican insti- ing to their succeeding IS fertile is t improve- 3d lands of rritoriea of Eind for the ption of a made the dd 9 Imperial important elfare aod locouAt of orth Ain«-' In various despaticbes addreaaed to vour Miyesty's Secretary of State, I have given a full description of that state of feeling, as I found it evinced by all classes and all parties, in con- sequence of the events which occurred in the last session of the British Parliament. I do not allude now to the French Canadians^ but to the English population of both provincest Ample evidence of their feelings will be found in the addresses which were presented to me from all parts of the North American colonies, and which I have inserted in an appendix to this report. But, strong as were the expressions of regret and disappointment at the sudden annihilation of those hopes which the English had entertained, of seeing a speedy and satis*! factory termination of that state of confusion and anarchy under whicn they had so long laboured, they sunk intn insignificance when compared with the danger arising from those threats of separation and independence, the open and general utterance of which was reported to me from all quarters. I fortunately succeeded in calming this irritation for the time, by directing the public mind to the prospect of those remedies which the wisdom and beneficence of your Majesty must naturally incline your Majesty to sanction, whenever they are brought under your Majesty's consideration. But the good effects this produced by the responsibility which I took upon myself will be destroyed; all these feelin ,s will recur with redoubled vio- lence; and the danger will become immeasurably greater, if such hopes are once more frus- trated, and the imperial legislature fails to apply an immediate and final remedy to all those evils of which your Majesty's subjects in America so loudly complain, and of which I have supplied such ample evidence. For these reasons I pray your Majesty's earnest attention to this report. It is the last act arising out of the loyal and conscientious discharge of the high duties imposed upon me by the commission which your Majesty was graciously pleased to intrust me. I humbly hope that your Majesty will receive it favourably, and believe t? at it has been dictated by the most devoted feeling of loyalty and attachment to your Majesty's person and throne, by the strong- est sense of public duty, and by the earnest desire to perpetuate and strengthen tne connexion between this empire and the North American colonies, which would then form one of the brightest ornaments in your Majesty's imperial crown.. All which is humbly submitted to your Majesty London, January 31, 1839. DURHAM. ■(u '. * .# HO REPORT FROM THE SELECT COMMITTEE or tm HOUSE OP ASSEMBLY OF UPPER CANADA, APPOINTED TO REPORT ON THE STATE OF THE PROVINCE. ' * 1 1 1, { '■ ;> ' It TO THE HONOURABLE THE COMMONS HOUSE OF ASSEMBLY. V THE REPORT OF THE SELECT COMMinEE ON THE STATE OF THE PROVINCE. (unanimously adopted by the committee.) Tn the Report on political state of the Provinces of U[iper and Lower Canada, adopted by your Honourable House, during the lost session of the Provincial Legislature, the tullowing statement is recorded : — " The next suggestion tu which your Committee beg to draw the attention of your Honour- "able House, is the necessity (now too painfully obvious) of keeping up a rejiectable military " force within both Provinces. " It must be suflficiently apparent, your Committee believe, that this desire for military "protection does not proceed from any apprehension of internal revolt in U}i}>tr Canada at " Recent events have proved how small the number is that aim at rebellion, and how " ready and how well able the great body of the inhabitants of this province are to suppress "any attempt at insurrection : but the civilized nations of Europe will learn, with astonish- " ment, that it ceases to be a question, whether the ' great republic* of the United States of "America, boasting of the superiority of its institutions over those of every other country, has '*the power of controlling its citizens within the limits essential to the maintenance of peace, " and the honourable performance of treaties, solemnly entered into by it, with foreign " {Kiwers. " The occupation and conquest of Texas, in the South, and the assembling of an armed " force on its Eastern frontier, openly recruited in its principal cities and towns, commanded " by its citizens, and by them also supplied with arms, ammunition, clothing, money and pro- " visions, and transported in the presence of, and unrestrained (if not encouraged) by its " magistrates and public officers, in steamboats and other vessels, into this province, and landed " in it for the avowed purpose of overthrowing the government and wresting the colony from " the crown of Great Britain, sufficiently prove — that, if the countries bordering on the United •* States desire to protect themselves from the inroads of free-booters, pirates, fugitive traitors, " and outlaws, they must look for security to their own fleets and armies, and not to the hon- " ourable forbearance of the American people, or the efficiency or moral influence of their " government." Your Committee are well assured that nothing could afford your honourable House greater satisfaction than to feel judtlfied in recalling the imputation which this declaration conveys upon the integrity of a people, with whom it is the inclination as well as the interest of all Her Majesty's subjects, and especially those residing in this province, to keep up the most friendly intercourse. The detail of facts, however, wnich it will be the duty of your Committee to lay before your honourable House and the British nation, will too painfully and undeniably prove, that the apprehensions entertained, of want of faith, and of outragft aod aggression on the part of the people of the United States upon Her Majesty's subjects in Upper Canada, was far from being exaggerated in the report referred to, nor was it lesa truly stated by the illustrious Duke of Wellington, whose patriotic and powerful advocacy of the interests of his grateful fellow-subjects in these provinces can never be forgotten by them — that these outrages and aggressions were committed for no other reason than that the people of Upper Canada were loyal to their sovereign. The Report from which the above extract is taken bears date the 8th February, 1838, previously to which two distinct invasions of the province had occurred by numerous bodies of American citizens. The ^rst, the occupation of Navy Island ; the second, that of Bois Blanc, followed by the attack on Amherstburgh. Each nf these inroads was repuLed by the steady loyalty and Intrepid bravery of the militia. Not the slightest disposition was manifested on the part of any portion of the people of this country to unite with the invading force — and it was hoped that the ill-success which ,had attended them, would induce those with whom they had originated to lay aside all further attempts to disturb the peace of the province — but this hope unhappily proved utterly falla- * ^ ■ '. ■!.: it; V my is fir -^ ■•*, i>:*;;/'- .t'! .'■■;'t' cious; and it will now be the painful duty of your Connmittee to detail a succeuion of inva*' sions, piracies, murders and outrages committed by the citizens of the United States upon the jieacetul and unoffending inhabitants of this j)rovince, such as are without parallel in the his- tory of civilized nations, and, in these days, would be looked upon m disgraceful amongst tb« mosc barbarous of mankind. On the 22nd of February, 1838, upwards of four hundred American brigands assembled at a place called French Creek, in the btate of New York, situate on the river St. Lawrence, about twonty-Kve miles below Kingston, from whence they marched in military array, and took poHsessiun of Hickory Island, a few miles nearer Kingston, within the British territory. This band of invaders was headed by an American citizen of the name oi Van Rensellaer, who had previously held coTimand on Navy Island, and were armed and openly organized and recruited in the state of New York. As soon as this unexpected movement was Known, a few hundreds of the militia of the Midland district and district of Johnstown, assembled, and instantly marched against the brigands, who, however, did not wait the threatened en- counter, but fled and dispersed on receiving information of the approach of these brave and loyal men. About the same period, from three to four hundred pirates from the state of Michigan, established themselves on Fighting Island, near Sandwich, m the Western district, from which position they were driven by a small military force under Colonel Townsend of the 24th re- giment, sustained by the prompt and intrepid bravery of the militia. This body of invaders, in 'heir hasty flight, left behind them a field piece, and a large number of muskets perfectly new, which bore the mark of the United States army, and were known to be the property of the government of that republic. The next invasion of our territory was the occupation of the inhabited island called Poinle-au-Pele, below Amhcrstburgh, by a force estimated at from four to five hundred men, headed by a brigand named liradley, residing at Sandusky, in the state of Ohio, and who is represented ns a man of wealth and influence. The circumstances attending this inroad were .of a more serious and lamentable character than any that had previously occuried. The bri- gands, upon taking possession of the island, commenced by making prisoners of the settlers, robbing them of their horses, cattle, corn, and other property, and sending it away to the op- posite American shore. Upon the approach of a small force, composed of a detachment of the regular troops and militia, they, conceiving themselves sufficiently strong to resist the attack with which they were threatened, commenced a fire upon our men, and in the course of the conflict that ensued, no less than thirty out of about ninety of the brave soldiers of the 32nd regiment, under the gallant Captains Brown and Everleigh, were killed ond wounded ; and one militia-man, a spirited young man of the name of Parish, was also slain. Having effected these murders and outrages, such of the ruffians as escaped injury, (it was reported that upwards of seventy of them had been killed or wounded.) fled to their own shores, where they were received with acclamation by their fellow-citizens. Colonel Prince, who on hear- ing of the invasion of the island of Pointe-au-Pele, had immediately joined the military force which had marched to that place, on his n'turn to Sandwich, captured a noted brigand of the name of Sutherland, who had been second in command at Navy Island, and who had subse- (juently directed the attack on Bois Blanc Island and Amhcrstburgh, and who at the time he was taken was on his way to join his brother pirates, of whose defeat and flight he had not been informed. This was the last of the succession of invasions of the province that occurred during that period of the year, when the country was accessible by ice and winter roads; and as all of them had been signally defeated, and as the inhabitants of the province were living in peace among themselves, and had not shewn the slightest disposition to unite with any of the parties that had assailed our shores (if exception be made of some suspicious movements on the part of a very small number of individuals in the Midland district, against whom, however, no legal evidence of guilt was established,) it was believed that the public tranquillity was no longer in danger :-^and, in the confidence of perfect security, our merchants, farmers, and mechanics, returned to their ordinary occupations; and the people of the country generally resumed their usual intercourse and communication with each other, and with their republican neigh- hours, it was well known that there were still lurking along the Ame. ican frontier, a number of the traitors who had fled the province to avoid the punishment ta which they were justly liable for their crimes; and it was also well known that some few of the most restless and malignant among them would continue their exertions to produce collision between the inhabi- tants of the two countries. Yet, it was believed, that the interest, if not the inclination, of the 3tk Pari. sion of inva*' itcs upon the 3I in the his- amongflt the Js assembled t. Lawrence, •y array, and ish territory. n Rensellaer, ly organized i was known, I, assembled, reatened en- se brave and [>r Michigan, , from which the 24th re- ef invaders, ets perfectly I property of sland called undred men, , and who is inroad were d. Thebri- the settlers, ly to the op- itachment of to resist the n the course Idiers of the d wounded ; in. Havin i^as reporte lores, where ho on hear- lilitary force igand of the ) had subse- the time he he had not during that id as all of Dg in peace f the parties on the part r'er, no legal 3 no longer I mechanics, ly resumed lican neigh* r, a number were justly restless and 1 the inhabi- atioD, of the people of the neighbouring states, would induce them to interpose their influence, and auoh authoritv as their laws could enforce, to preserve a safe and })eaceful communication with Her Majesty's subjects, who were most anxious, on their part, to live in harmony with them. Unhai)pily, however, we were soon convinced that our hopes of peace and security were altogether groundless; that we were about io experience injuries far more serious than any we had hitherto suilcred ; that, in fact, we were not only to be subject to the predatory attacks of detached and independent bands of assossins and pirates, but that a great and influential community were combining secretly, out deliberately, to overthrow our government and our laws— to lay desolate our country, and to murder ancl destroy all who should venture to op{K)se their barbarous and wicked designs. It was some lime * afore this unparalleled conspiracy was discovered, and in the meanwhile a series of outrages were committed by small parties of American citizens, lo which it is necessary briefly to advert. The first was the destruction of the Sir Robert Peel steamboat,— This vessel, quite new, and valued at ten thousand pounds, when on her way from Frescott to the ports at the head of Lake Ontario, stopped on the 30th May, at an island in the River Saint Lawrence, called Wells' Island, and within the limits of the state of New York, for the purpose of taking in wood. While lying'moored to the shore, in full confidence of security in the port of a friendly power, and in the middle of the night, when all the passengers, (among whom were a number of ladies,) had retired to rest, she was boarded by a band of about thirty pirates, headed by a well-known free-hooter; — These ruffians, armed and disguised, rushed into the cabins, hurried the passengers from their beds, and, with brutal violence, drove them on shore. The crew, not exj)ecting the attack, and wholly unprepared for it, were unable to make resistance; the entire possession of the vessel was therefore easily gained by the assailants, who, after pillaging her of every thing valuable, including the mone^, watches, clothing, and other pro- perty ot the pa' angers, towed her into the stream, where they set fire to her, and watched Iter until she was entirely consumed, and then returned to the American shore. As might reasonably be expected, an outrage so unusual in any country, and wholly without a parallel in this, produced a powerful sensation throughout the British colonies — and it was believed that corresponding feelings of indignation would have been manifested on the opposite shores; and that every effort would be made to bring the perpetrators of this cowardly and atrocious felony to punishment. But although some expression of dissatisfaction did exhibit itself, it was slight in comparison with whot was looked for, and what the enormity of the crime led every one to expect. A proclamation was issued by the government of the state of New York, otiisring a paltry sum for the apprehenSion of certain of the pirates ; but although the majority of them, including the leaders, were well known, only one or two of them were arrested ; who, being placed on their trial, notwithstanding the plainest evidence of their guilt, were, almost without hesitation, acquitted by the jury empannelled to try them. Up to this period, no event had occurred, connected with our border difficulties, that so shocked the feelings of the people of this province as this last ; — It caused thousands who had previously indulged the belief, that the government and people of the United States were averse to the unprovoked and lawless aggressions which had been previously made upon us, to doubt the correctness of their opinions. They began to consider it unsafe to enter their harbours ; and from that period to the present, it has been with reluctance that any well- afiected subject of Her Majesty in this province has approached the shores of the United States, or engaged in intercourse of any kind with the citizens of that republic. The feeling of cordial good will that once existed between the people of the two countries, was greatly weakened, and subsequent events have almost entirely destroyed it. No proffer of indemnity has yet been made by the nation responsible for this great injury to our fellow subjects, and insult to the British flag ; nor does it appear to be considered necessary by the American government, for the maintenance of its national honour, to do this plain act of justice without waiting a demand, which, we cannot doubt, is certain to be made and enforced. The next instance of foreign aggression was the affair of Short Hills, where a bandit of the name of Morreau, headed a party of brigands, supposed to number about one hundred and fifty, who made a sudden and unexpected attack m the night time, on a small detachment of provincial dragoons, stationed in a wooden building in the township of Felham, who, although assailed by more than ten times their number, defended themselves with the greatest courage and fortitude, and were at last subdued, not by the arms of the pirates, but by the building which they occupied being set on fire. The moment the ruffians got these gallant mea into .i^l 114 Report on State of the l^rovince. [4th Segs. 13th Pari. 2ii( ;■ f:i iV " *. * i .... 1 !i- >v k"" •■..' ^■\ ■ ■. i m. i their hand!*, they rohbud thom of their pruperty, and iitripped them of their ch)tliing, and having plundered the dwelhngM of Home uf the iurinors and yeomanry in the neiuhhuurhood, they attempted a retreat; hut being pursued, twenty-seven of them, including their leader, were captured. There \h reaNon to behevo that thia invoition wun undertaken and directed against the diHtrict of Niagara, under the expectation, that no Noon uh a looting waH gained by the brigands in that district, they woidd be joined by large numbers of disatiof ted people from ditlerent parts of the province. In this, however, tliey were wholly duMiippointod, and as the loyalty ot the great mass of Her Majesty's subjects had been so clearly and undeniably esta- blished, by the constant and entire rejection of nvory attempt that had been made to seduce them from their allegiance; and as, after the result of this last attack was known in the neighbouring slates, there appeared to be a sudden and complete cessation of all further attempts at invasion, the Commander of the Forces considered it no longer necessary to keep up the militia which had been embodied for a limited time of service; and tli(>y were accoru- ingly disbanded, and the defence of the country was left to the troops of the line. The policy adopted in thus lessening the defensive force of the province, was much questioned at the time it occurred; and the apprehensions which many entertained that all danger of foreign invasion was not past, were considerabi}' increased by intelligence which wan soon after received, that an attack had been made oti the remote settlements at Sarnia antl Bear Creek. In the month of July, b party, supposed to consist of about fifty brigand.s crossed over from a place called Palmer, in the United States, to the British settlements on the St. Clair River, where they robbed and imprisoned several of the settlers, and then returned. About the same time a loyal subject of the name of Carey, who was also on officer of militia, was shot in the night by a set of murderers, who, it was well known, wore from the opposite shore, although they were never clearly identified. But the most fearful and appalling proof of the existence of a conspiracy among a band of desperate assassins living in the neighbouring states, against the lives and property of par- ticular individuals among Her Majesty's subjects, was given, in the attempt to destroy the dwelling house of the late Sheriff Hamilton, at Queerston, and the treacherous and cowardly assassination, in the dead of the night, of the gallant Captain Ussher, — Both these outrages occurred within a few days of each other, in the month of November last, and were committed by American citizens, living in the neighbourhood of Buffalo — where they are well known, and where it is affirmed, (your Committee believe with perfect truth,) tliat the murderers of Captain Ussher have openly boasted of their having perpetrated the bloody deed, and that it was committed in retaliation of that lamented gentleman's having been untruly reported to have assisted in the destruction of the Caroline. In corroboration of the too melancholy evidence which these events afford, that the loyal subjects and servants of her Majesty are living in the neighbourhood of enemies whose actions are neither controlled nor directed by the common feelings of humanity or religion, and who are as ready to engage in secret assassination as in open war and invasion, and whofgive encou- ragement to both, without fear or apprehension that the laws of their own country will reach or punish them, or that their magistrates and public officers have either the power or inclination to interfere with or restrain them; your Committee feel it right to notice two instances which they believe cannot fail to strike every humane mind with the deepest feelings of surprise and concern : A newspaper was some time since established in the city of Buffalo, in the state of New York, which has constantly advocated the invasion of these provinces by foreign brigands, and urged upon the inhabitants of the union to sustain and support them. In one of the numbers of that paper, published a few weeks since, alluding to his Excellency the Lieutenant Governor, and the officers of her Majesty's government, whose painful duly it was to aid in enforcing the laws of the province against domestic traitors and foreign invaders, the follow- ing paragraph appeared : — " It is our deliberate conviction that it is every good roan's duty to do all in his power to "sweep this murderous tyranny from the western world. To accomplish it, almost any mea- " sures are justifiable." "We have no patience with those bloody wretches, and much as we abhor assassination, "we would almost justify it in freeing the world from such monsters." "Where are those Canadians who swore to avenge the death of every patriot prisoner! " Macoab, and Drew, and Arthur, and Prince, and Hagerman, and Robinson, are still alive." was 3th Pari. :l()tliing, and iuliltuurhocKJ, tneir leader, mid diroctod UH gained by I people from I, and as the f'liiably eslo- lo to Rcduco iiovvn in the )!' all further wary to keen tvero accoru- j, was much iiicd that all i^enco which Its at Sarnia I'ty brigands, tllements on rs, and then Iso nn officer ere from the nong a band erty of par- destroy the lid cowardly 2ae outrages e committed well known, lurderers of , and that it reported to lat the loyal hose actions )n, and who fgive encou- y will reach r inclination inces which lurprise and ate of New ;n brigands, 1 one of the Lieutenant as to aid in the follow- 18 power to It any mea- isasslnation, t prisoner ! itiil alive." 2tid Victoria, 1839.] Report on State of the Province. 115 At a later [icriod, ptRcards wnro posted up throughout the city «>f Detroit, oflTnring a reward of uiujlit hundred dolhirrf for tho duud body of th» gallant and greatly calumniated Colonel Frincu, and one thousand dollars if brought to tho city alive; and, not long aftnrwurds, n person who was strongly sus[»ecti!d of having conns over to Hundwioh, noor which place Colonel IVinco rcsidrs, for tho ptir[)oso of iiuirdoring him, after being arretted on suspicion, was bailed by tho Collector of Customs at the port of Detroit. These publications and direct incitements to the cominis.wion of the most horrible of crimes pasHcd unnoticed by tliu magistraey of the grout communities in which they were pro- mulgated, and the (lartics who avowed their uuthorshi[) 'lu nut appear tu huvu been considered guilty of any otfence. Your Committee would feel no small degree of gratification, could they hero conclude their observations on the outrages to which their enduring and deepiv injured fellow-subjects have been ex[)08od, from the fuithlcss and barbarous conduct of tlis citi::ens and people of the United States. They would rejoice to have it in their power to ascribe the unprovoked at- tacks, which they have narrated in the preceding pages of their Report, to tho reckless and wanton conduct of a few unprincipled men, who, guidod by their own bad passions, had as- sailed the peace cf tho province w'tlioiit ei -'"uragenient or countenance from that portion of tlie population of the rejiublic who claim to .rigands and pirates who in- vaded this province, murdered our fellow subjects, and destroyed their property, at Prescott, Windsor and elsewhere, were encouraged, aided and supported, by all classes of citizens of the republic residing in the contiguous states. The evidence of this fact is too strikingly obvious and conclusive to admit of any doubt. Your Committee feel it unnecessary to dwell at ony length on the occurences which immediately preceded the invasion? that were so signally and gallantly defeated at the two places just mentioned ; but it is necessary to advert to them, as well to preserve the narra- tive entire, as to place before the people of England and of all other countries, a connected detail of the injuries to which we have been subject, and for which we ore entitled to redress. Rumours had for some time been circulated through the province, that a secret and extensive combination was forming in the frontier States of the union, with a view to the invasion of both the provinces of Canada, by a force so numerous, well armed, and organized, as to ensure the overthrow of the government, the conquest of the country, and its separation from the British Crown. These reports were for a time disregarded ; but towards the close of the month of October, evidence was laitneaa and ri'Milution tor which the loyal people of tliia province will ever fool grateful, Hia Excellency the Lieutenant Covernor loat not a tnoinunt in aaauming thu reapunaihility of calling upon and embodying a militia force, auiliciont to ro(iel any invasion, no matter in what numhors, that might bo atlcmntcd by the enemy. And to this nobio and patriotic conduct, promptly aanctionotl an it was by tli» Commander of the Forces, the loynl })onplo of this province at least, and probubly tlioMo of Lowor Cniiadti idfio, are, undnr Provi- dcnct), indobtod for their i)rciicrvatiun from scunoa of bluodithod and misery which humanity shudders to coutomplute. CommunicotinnM were, at tho same time, tran9mitt<>d to Mr. Fox, Her Majesty's Minister at Washington, informing him of the dangers with which the provincos were threatened.— This diHtinguished gentleman iimtantly oaTlud upon the American govcriiiruMit to vindicate its national honour, and efl'octuully to intcrpo-so the authority of its laws to put down the utrricious combination, and punish the guilty conspirators, vvliose names and plactis of residence they were fully apprised of. Your Committee are merely giving cxpressfon to iho fueling univer- sally entertained by her Majesty 'm subjects, that Mr. rox has placed these provinces under the deepest obligations for the vigour, straight-forward tiianlincss, and statesman-like ability, with which, on tne occasion referred to, as well lus in many preceding instances, he has vindi- cated their claims to the interference of the United States government, to protect tliem from outrage on the part of its citizens. That his admonitions have been disregardorl, and that his exertions have proved unsuccessful, in no rusj)cct diminishes his cluim to our gratitude and thanks. The timely discovery of the designs of the conspirators, and the preparations made in consequence for their reception, no doubt greatly disconcerted their schemes; and it was ut one time believed that they would altogether abandon them. The reverse, however, provetl to be the fact. Acting in concert with tliut portion of the Lower Canadians, who were resolved on making another cllort at revolution, an armed force entered Lower Canada early in November, composed of American citizens and a few Canadian refugees. In every itistance in which they came in conflict with the loyalists and British soldiers, they were defeated and dispersed; and the feeble insurrection which occurred about the same time at Ueauharnois and a few other places, was promptly sujjpressed by the vigorous measures adopted by His Excellency Sir John Colborne. Unsubdi 'J, and opparently still confident in their strength and resources, the conspirators determined on an attack upon this province, and having obtained the assistance of the largest American steamboat on lake Ontario, called the "United States," and two large schooners, they embarked at Oswego, and other ports and places along the American frontier, to the number, as it is asserted, of about six hundred, well provided with artillery, muskets, ammunition and provisions, all which must have been obtained at great expense, and which were put on hoard the different vessels publicly, and in open day, without interruption by any magistrate or other public officer. With this force, headed by an American citizen of the name of Birge, and the same bandit who had led the pirates that destroyed the Sir Robert Feel, a descent was made on the Canadian shores near Prescott, on the 12th of November. It appears that from some cause not clearly explained, not more than half the number of invaders who had been col- lected for this expedition landed at Prescott, the rest crossed over to Ogdensburgh, a consi- derable town immediately opposite ; and before any second attempt v/as made by them to reach our shores, a force arrived from Kingston, commanded by Col. Dundas, of the 8drd regiment, and a detachment of American troops under Col. Worth, from Sackett's Harbour, came down, which, with the small naval force under Capt. Sandom, prevented their joining their ill-fated associates. These latter, finding no hope of escape, resisted the gallant militia, soldiers, sailors and marines, who had hurried to attack them ; and, having gained an advan- tageous post, killed and wounded a considerable number of them. At last, however, the pi- ratical invaders surrendered at discretion, and such as remained alive, nearly two hundred in ' number, were brought to Kingston, and lodged in the fort there. Uh Pari. 2nd Victoria, 1880.] Report od State of the Province. 1 17 Rhlo, Cleve- irae amount, Loke Erie, out Mftncia- ce will ever Huming tliu ly invasion, 14 nuhlo nnd BH, the loynl iidor Pruvi- I) iiumanity y'lt MiniNtur rcntcned.— inclicuto it« lu utrociouH il»'iice they itig univcr- nces under ike ability, i liaa vindi- iliom from 1, and timt r gratitude 15 made in I it was ut er, proved ro resolved II early in y instance looted and criuharnois ed by Hin Dnspirntors the larsoHt oners, they le number, inition and t on board te or other the same 8 made on from some I been col- h, a consi- >y them to ' the 83rd I Harbour, sir joining int militia, an advan- er, the pi- lundred id There is no doubt that this descent ufwo Preseott wm intended to be in concert, not only with the niovoinents of the conspirators and Uriguinls in Luwur Canailo, but also with those which hud been planned in the West. In this there was M»me diMup|Hiihtrnent ; but regardless of the lessons which had been so continuously and in evrry instance tun^ht these duM|H)rutu and unprinci[>led m.*h, the invasion ol tUu VVusiern District was ri'milvud upon by them, and un armed body amounting to about four hundred embarked in a stvum-bout called the Champluin, in which they crossed to thd village of Windsor, where they i8, the great triojority was composed of citizens of that republic — very few indeed, even of the refugees being associated with them ; and if there be any hope of theso guilty men being brought to a sense of the crimes which have led them to their own misery, and the great injury they have been instrumental in bringing upon their country, it must be a source of some consolation to them to know, that by resisting the solicitations which no doubt were pressed upon ihem to join in this wicked and savage war- fare, they escaped the horror of witnessing barbarities of the most disgusting and iicart- rending description. Not only wore the brave defenders of the province shot down and deliberately murdered by their fiendish assailants, but their dead bodies were mangled and mutilated, and hung un as objects of scorn and derision to these inhuman monsters. The body of an intre- pid and promising young officer (Tjicutenant Johnson) of the 83rd regiment, was thus treated at Preseott, and the lifeless remains of Doctor Hume were exposed to similar indignities in the west, where also a noble-minded negro, who probably hud escaped from a land of slavery, to one where he hoped long to enjoy British freedom, was cut down and slaughtered, because he refused to join the band of murderers who called upon him to assist in the destruction of hia benefactors. And these deeds of wickedness and deepest crime were perpetrated by men, claiming to be citizens of the most enlightened nation in the world, and who professed to enter the province for the purf)08e of conferring freedom and equal laws, general happiness and pros- perity upon its inhabitants ! Your Committee hove, in the course of the foregoing remarks, alluded to the pnrticipn- tion, on the part of the citizens of the United States generally, in the conspiracy which re- sulted in the hostile expiditions against these provinces, and the inefficiency of the measures taken by the American general and state governments to prevent them : — But they feel it necessary to p)int out, in a more particular manner, the evidence on which these stutementa rest, and to direct attention to the small reliance that is to be placed in any cllbrts ot the public authorities of the United States to ])mlect us from future attacks, and thus prove the necessity for calling upon her Majesty to continue to her fuithl'ul and loyal subjects, that pro- tection to which they feel themselves to have so just a claim, and which her Majesty has hitherto so generous y extended to them. Your Committee are aware, that at one period great pains were taken by the press, and particular [)arties in the States, to convince the worhl that the barbarous outrages, and crimi- nal and disgraceful combinations which they have detailed, were confined to the lowest classes of the populaMon— 1:> the illiterate and notoriously profligate portions of the community. In the absence of more direct proof of the little credit that should be attached to these statements, it would be difficult to persuade any reasonable person of their truth, when the vast extent and systematic organization of the bands which assailed the province, from time to tin^e, are adverted to. It is not credible thai, from 500 to 1000 men, composed of mere rabbl^, and destitute of any visible means of their own for their maintenance, could for nearly a rodnth be clothed, fed, armed and kept together, on a desert spot of ground, such as Navy Island, upon which there was no shelter from the iuclemency of a Canadian wlrter, unless 11 118 Ri^port on State of the Province. [4th Sess. 13th Parf. 2n< 0h: m iM' l;.V. : it !'■ ■■"'■■'• It [#'." ;■ « « ■ « ! • ••; •> ■ thfly received support and encouragement from the opulent ; and it ia equally unreasonable to suppose, that such an assemblage could be collected for the avowed puri)08e of overturning, by force of arms, the government of a neighbouring country, with which their own nation was at peace, without the persuasion of men cnnable of exercising a powerful influence over puMic opinion. The worst of men are never found congregated in such numbers, and for such a purpose, unless brought together by an influence exercised by men of wealth and in- telligence. But it is not upon reasoning of this kind, that the fact of countenance and sup- port having been given by the American people, to the brigands, solely r(,'sts. It is now an admitted and notorious truth, that in every one of the numerous instances ol invasion of these provinces, by the brigands, the arms of the United States were used by them, and found in their possession ; while the steamboats and schooners belonging to their most wealthy mer- chants were publicly employed in conveying hundreds of men, and quantities of military stores and provisions, from their chief cities and towns along the frontier, to the places of attack. It is equally certain, that during the last summer and autumn, the preparations which were making to uivade the provinces, and murder its loyal inhabitants, were known and encouraged by officers of the general and state governments, by justices of the peace, and by citizens of all classes and denominations. Public meetings were called in many places, and attended by persons of the description mentioned, wlio harangued the populace, calling upon them to aid in overthrowing British authority in the colonies, and subscribing money to accomplish that object. Not long before the attack on Presoott, a meeting of thi.^ description occurred in the city of New York, at which two of the principal officers of the < istoms — persons who held their appointments from the President and government of the United States — took an open and active part — one of them acting as Vice President, the other as Secretary, of the meet- ing — ^yet no notice appears to have been taken, by their superiors, of conduct, which, in England at least, would have led to their immediate dismissal and punishment. After the termination of the affair at Prescott, so disastrous to the hopes of those who' planned it, a public meeting was called at Oswego, (from whence a large portion of the bri- gand* took their departure, publicly embarking, as has been already stated, in the largest steamboat belonging to the Americans on Lake Ontario,) for the avowed purpose of recom- mending the public to abstain from further participation in Canadian warfare. — At that meeting, a Mr. David Brewster, First Judge of the county court, acourtof extensive local jurisdiction,, openly declared, that he had been engaged in "the patriot cause," but that he had become convinced of his error, and therefore had determined to abandon it, and advised his "/ellote- jmtriots" to do the same — one of these was stated to be a Mr. Seth Hawley, post-master, and member of assembly elect ; who, however, did not think proper to avow his recantation, although he had declared his intention to do so, and he still, it is to be supposed, remains " a natriot" About the same period, a paper was promulgated in the county of Jefferson, in the state of New York, containing an earnest and well written appeal to the "patriots of the county," to desist from further hostile aggressions upon the Canadas, and pointing out the destruction and misery which had befallen those who had been concerned in the attack on Prescott, and other places. This paper, evidently written for a good purpose, and by persons well informed of the combinations which had been entered into, contains the following statements and admissions : — * "It was ascertained that a complete civil and military organization had been effected " through the medium of certain secret societies, extending aJnng the whole line- of territory " bordering on the British dominions ; that an army had been created — troops enrolled — " munitions of war provided, and money raised ; and that a blow was aboijt to be struck, fc " the subjugation of the British government there, (in Canada,) by citizens of the United " States, with the expected aid of disaffected British subjects in these provinces. It was known that meetings of these societies were frequently held, and numerously attended, receiving constant accessions of ptrength. Labourers left their employ — apprentices their masters — mechanics abandoned their shops — merchants their counters — magistrates their official duties — husbands their families — children their parents — christians their churches — ministers of the gospel their charge, to attend these meetings." — "To which the public officer, the magistrate, the conservator of the peace, was only admitted by breaking the official oath he had previously taken to support the constitution and laws of bis country." To these avowals, might be added hundreds of others of similar impott; but your Com- mittee deom it unnecessary to notice them, and they will close this part of their report by giving the statement made by Jeremiah Winnegar, one of the priaoners taken at Fresootk whi Mr. the com the wel thai fron 3th ParF. unreasonable overturning, ' own nation ifluence over bers, and for ealth and in- ice and sup- It is now an ision of these tnd found in vealthy mer- lilitary stores es of attack. I which were I encouraged )y citizens of attended by I them to aid Dinplish that jurred in the ns who held iook an open Df the meet- 3t, which, in if those who 1 of the bri- I the largest e of recom- that meeting, jurisdiction,, hod become his "fellotc- ^-masier, and on, although " a natrioL" in the state e county," to destruction rescott, and. ell informed :ement8 and ;en effected of territory enrolled — i struck, fo»" the United es. It was y attended, ntices their strates their churches — iblic officer, official oath your Com- * report by It Freaoott S^iid Victoria, 1839.] R( ^ort on State of the Province. lid !: which was read upon his trial before the court martial z* Kingston; and the evidence of a Mr. Brown, a judge of the court of common pleas in the state of New York, and a brother of the late General Brown, commander-in-chief of the United States army. The former was condemned to be executed, but was afterwards reprieved and pardoned by His Excellency the Lieutenant-Governor, and is now at liberty in his own country. This old man's story is well known to be true, and although told with more ingenuousness and appearance of candour than marked the account given of themselves by the other prisoners, does not materially vary from most of their«. " Jeremiah Winnegar is a native of the state of New York, labourer, resided at Dexter, "and became a 'huntrr' in October last, was sworn in by Sterling. — His son was engaged to come with the expedition f| Canada, prisoner volunteered to come in his stead, his son being lame ; came to Millenn's Bay on Saturday the 10th November last, embarked the following day in one of the schooners lying in the bay, in Captain Kenible's company ; the schooner " ran aground on Monday morning, the 12th November, and prisoner was taken off by the " Paul Pry and put on board the other schooner, and landed at Wind-Mill Point, below " Prescott. On Tuesday morning, prisoner was called out of a house where he stayed for "the night, and went into a field to fight, discharged* his musket twice, and retreated to a " house, where he remained until Friday evening the IGth November, 1838, when he was " taken prisoner ; did not expect to fight when he left home; came for the sole purpose of " giving liberty to the people of Canada; thought when he was coming that he was doing God " St. f vice, is of the persuasion, has a wife and eleven children, heard ministers of the " gospel encouraging the people to support the patriot hunters — is in his 59th year." To this account of himself, he added the following in his address to the court at the time of his trial : — " I have nothing more to say than is contained in my statement — I can establish by " witnesses who Imve known me upwards of thirty years, what my general character is, but " have noiliing to prove connected with this affair — I presume many of the court have fami- " lies — I have a family as near and dear to me as them — I have left a wife — seven sons and " four daughters — I have brought them up by honest industry, and have been Messed with " health to maintain them — Though a poor man, I have the same feelings as others, and my " family are dear to me, and, though old, I am their main support — I have only now to throw " myself on the mercy of the court." George Brown, of Brownville, Jefferson county, judge of the court of common pleas— on the trial of George H. Kimball, and others, before the court martial at Kingston, on the 28th December, 1838, was called as a witness by George H. Kimball, and stated as follows : — " There is a brother of the prisoner "(Geo. B. Kimball)" about thirty years old, formerly "■"a colonel of militia. He returned home after the afiTair at Prescott, I called to inquire of " him the fate of a son of mine who was there. It is generally understood among us that he " was a captain — John B. Kimball told me that General Shoultz had appointed him to act as "Lieutenant Colonel, but that he came cway during the action. One Fields, also an officer, " came away the day before. John B. Kimball stated, that they were rather deranged for *' want of officers, and that he had acted as Adjutant on the morning of Tuesday, and para- "ded the men." On cross examination he said he thought George H. Kimball was " brought into the ex- " pedition by a great many of our citizen^ associating in secret societies to aid in the Canada "cause. Great inducements were held out to young men to join. I believe numbers have " been thus deceived and deluded. The secrecy of these societies prevented any person " from taking measures to counteract what they were dc)ing. I would further add, that being "bound by oath, as I understood, to keep every thing secret, no communications could be "made of what was going on. It is reported among us, that a bank was formed, and the " funds were provided as bank stock, in order to evade our laws. It is the general opinion, it " was done by contributions of people in our country." John B. Kimball, who made these disclosures, to Judge Brown, of his participation in the affair at Prescott, has never been prosecuted. With respect to the measures adopted by the government of the United States, in refer- eace to the hostilities which have been waged against her Majesty's subjects, by the citizens of t^at country, almost without intermission, since the month of Decismber, 1837, it is obvious- ihat Um discusaion of them doea not properly bebng to your Commitftee ; but they nevoEtha- *■."! 116 Repoirt on State of the Province. [4th Sess. 13th Pari. In I . ¥fi leM think it right to advert to facts, which it is of importance that their fellow subjects should be made acquainted with, and which may not, by any other means, be so conveniently placed before them as in the report of your Committee. It is not to be dispuised, that whatever confidence the loyal people of these provinces may have entertained m the good faith of the American government and public authorities, at the commencement of the warfare which bus been carried on against the.se provinces, by the people of the United States, that confidence has been very nearly, if not entirely, destroyed. Notwithstanding the repeated invasions that have taken place — the murders that have been committed — the acts of piracy and arson that have been prrpetrnted, by thousand.-) of persons who are tall krunon, and who are now living unmolested in the adjoining States, openly boasting iff their infractions of the Uhcs of the Union as well as of this coi(tkri/, not one of them has been subjected, so far as your Committee are aware, to any legal punishment. Neither does it seem in any degree probable that any of them will be molested. In like manner, the conspiracy so extensively organized, during the last summer and autumn, for the overthrow of the go- vernment of the country, although undoubtedly known to hundreds of persons holding official situations, was not only not supj)re8sed, but received direct encouragement and support from those whose duty it was to break it up, and to expose and punish all engaged in it. The military force placed on the American frontier, to prevent the invaders from enter- ing into the provinces, was wholly inadequate and incompetent to the performance of that duty, and does not appear to have been even of sufficient strength to guard the arsenals con- taining the arms of the government, which were in many instances seized and carried off by the brigands, to be used against the people of this country. True it is, that Mr. Charles Buller, the Chief Secretary of the Earl of Durham, who left this country some time in the month of Noven]l>er last, has informed the British nation, from his place in the House of Commons: — That the government uf the United States has done all that a government could do to prevent the assaults made upon us : — That they passed a law of neutrality, and had kept that lata more strictly than we had done : — That they had prosecuted and convicted several gentlemen wJio had infringed that law : — That they had doubled their army io keep this law: — That the opinion of the people, from one end of the country to the other, was decidedly with us : — And that the Americans dared not hold a sympathiser's meeting in any town in the United Slates. Your Committee has no right or disposition to question the liberty of speech of any member of the Imperial Parliament; but on behalf of their loyal fellow sub- jects, they protest against that j)rivile^e being used to mislead the British nation on points of the utmost possible im[)ortance to their peace and future security. Mr. BuVler's predelictions in favour of republican institutions may be very strong, and he may feel a desire to vindicate the conduct of a government which is based on universal suf- frage, vote by ballot, and similar popular theories, which, in his opinion, are the best in the world, and are, therefore, the objects of his admiration ; but, in advocating these anti-British and anti-monarchical principles, he should be contioils when assuming to make a statement of facts, to be strictly accurate. No doubt Mr. Buller intended to be so, when he made the statements above referred to; and although he resided in this country from June to November, holding daily and hourly intercourse with the mo.5t intelligent of the American people, having the most ample opportunity of informing himself correctly, and although on his return to England in the latter month, he passed through a consideral>le portion of the United States, where he might have corrected any error which he had inadvertently fallen into, yet it is to be 8upi)0sed that he was so much engaged in the important duties imposed on him as Chief Secretary to the Lord High Commissioner, the Earl of Durham, that he had not time to inves- tigate so closely as otherwise he might have done, the conduct of the government of the republic ; and knowing what that government ought to have done, he has ton hastily assumed that it had performed its duty. A more careful enquiry, which it must be admitted it is ra- ther singular he omitted to make, would have proved to him that the " law of neutrality" to which he refers had mt been kept, but had been wholly disregarded : — that no "gentleman" or any other man had been prosecuted and convicted for infringing that law : — that the Ame- rican army had not been doubled to keep that law — that, in fact, no addition whatever had been made to it for any such purpose, or any other purpose : — that the opinion of the people of the United States, from one end of the country to the other, was not with us, but decidedly the reverse — and that it was wholly incorrect to say, that the Americans dared not hold a sympathizers's meeting in any town in the United States. These meetings being of conitADt occurrence throughout the principal towns of the adjacent country, ana through several of which Mr. Buller passed, although, probably, not at the tnoment they were assembled* 3th Pari. bjects should ently placed se provinces : authorities, provinces, by y, destroyed. lat have been ds of persons enly boasting em has been does it seem e conspiracy w of the go- Iding official lupport from it. from enter- ance of that irsenals con- irried off by am, who left nation, from tes has done passed a lavir id prosecuted i their army he other, was in any town le liberty of fellow sub> on points of ong, and he liversal suf- best in the anti-British a statement s made the November, >ple, having s return to lited States, , yet it is to im as Chief le to inves- nent of the ily assumed ted it is ra- utrality" to gentleman" it the Ame- latever had the people t decidedly not hold a of conitaDt 1 several of lied. 2nd Victoria, 1839.] Report on State of the Province. 121 Lest it should be imagined that this contradiction of the accuracy of Mr. Bullet's state- ments requires confirmation from more disinterested parties, your Committee will give an extract from the leading journal of the state of New York, remarking on the speech of the learned gentleman, when the report of it first appeared on this side the Atlantic : — " The Duke of Wellington and Sir Robert Peel animadverted severely on the conduct " of this government, in relation to the inroads into Canada, but the President was defended " by the Ministers, Lord Brouoham, and Mr. C. Buller, an attache to the Durham mission. " The latter gentleman, indeed, stated circumstances in favour of our policy, with which our- " selves are unacquainted, such as, that this government had doubled the army to prevent the "assaults on Canada, and one or two facts unheard of be/ore." — Morning Courier and New- York Enquirer, Saturday, 23rd March, 1839. ' Similar remarks might be quoted from many other journals of the union, but upon a fact 80 obvious and undeniable, it cannot be necessary to cite them. But your Committee are disposed to regard with far greater alarm and apprehension, certain principles advanced by the government of the United States, in respect to our right to pursue the brigands who may invade tht provinces, and attack them within the limits of those states. The ground assumed by the American minister in London, in relation to the destruction of the Caroline steamboat, if admitted, would at once place these provinces in a citimtion that would wholly disable them from effectually protecting themselves from foreign aggression, — Mr. Stevenson assumes that the invasion of Upper Canada, by the armed force, under the command of one of his fellow citizens. Van Rensellaer, — at Navy Island, was a case of civil WAR, existing at the time within the province ; that civil wars are not distinguishable from other wars, as to belligerent and neutral rights — and therefore, not being able to deny the fact, but admitting it as he does, to be true, that the steamboat in question was engaged in the service of the invaders, and had communicated with them from the United States shore three times in the course of one day; he nevertheless asserts, that we were not justified in following her to her place of shelter at Schlosser, and destroying her there: As a consequence of such mode of arguing, — if Mr. Stevenson be right, it must follow that the government of the United States is of opinion, that if all the steamboats lying at Buffalo, some fifty in number, had been engaged in bringing men, munitions of war, and other aid from 4iat place to the armed body of invaders on Navy Island, there was nothing illegal in such acts, and that our troops would not have been justified in pursuing them into the states, and destroying them wherever they could find them. Your Committee have no apprehensions that any such doc- trine will be admitted by Her Majesty's government, if the occasion should occur requiring its discussion ; and if precedent were necessary to controvert it, there is no country whose history affords more striking examples in point, than that of the United States, many of which, if it would serve any useful purpose, might be noticed in this place — one only, however, will suffice. t In May, 1818, Fensacola and the fort of Barancas, in West Florida, belonging to the Spaniards, were taken forcible possession of by the American troops, in a time of peace between the two countries — the former "with only the show of resistance," the latter, by capitulation; the garrisons of both being conveyed to the Havana, at the expense of the American government. The occupation of these Spanish possessions was justified by the government of the United States, on this occasion, upon the ground, that as almost the whole of the tribe of Seminoles inhabited the country within the limits of Florida, Spain was bound by the treaty of 1795, to restrain them from committing hostilities against the United States; "that as she was unable to fulfil this obligation — her inability to maintain her authority over the territory and Indians within her limits, ought not to expose the United States to other and greater injuries," and that, where the authority of Spain ceased to exist, the United States had a right to pursue their enemy, on a principle of self-defence. " The right of self-defence," says the President, (in one of his messages to Congress, upon the subject of the Seminole war) "never ceases. It is amongst the most sacred, and alike necessary to nations and to individuals. And, whether the attack be made by Spain herself, or by those who abuse her power, the obligation is not the less strong." 1* ,...';. 122 Report on State of the Province. [4th Sess. I3th Pari. I m ■ -Tite H' m m Nl-I - '■I m k-i.i. '.'ft -tJ " '>■■*• " In pursuing the 8a\ \q[es to an imaginary line in the woods, it would have been the height of folly to have suffered that line to protect them. Had that been done, the war could never have ceased. Even if the territory had been exclusively that of Spain, and her power com- plete over it, we had a right by the law of nations, to follow the enemy on it, ana to subdue him there." The Spanish minister at Washington protested most strongly against these alleged viola- tions of the territory of the King of Spain. He denied that any encouragement or protection had been given by the Spanish authorities to the Seminole Indians, between whom and the United States, they did not even know that a war had commenced, and he called upon the government forthwih, to restore to Spain the places which had been forcibly wrested from her, and the property which had been found m them ; — to make indemnity for the injuries and losses which hpd been occasioned by the invasion; and to punish the general and the oiHcers by whom the outrages had been committed. The American government, in reply, reiterated the grounds upon which it justified the occupation of the forts. The Spanish minister was however informed, that Pensacola would be restored to any person, duly authorised on the part of Spain, to receive possession of it; and that St. Marks would be surrendered to any Spanish force sufficiently strong to hold it against an attack from the Indians: but the American government declined to inflict punish- ment, or to pass a censure upon General Jackson, whose conduct was "founded on the purest " patriotism, and whose vindication was written in every page of the law of nations, as well " as in the first law of nature, self-defence," — On the contrary, it considered it had a right to claim from Spain, (and which the American minister at Madrid was instructed to demand,) " the punishment of the Spanish Governors who had aided and assisted the Indians in the " hostilities against the United States, whom it was their duty to have restrained." I.-,-. •• But referring to the facts of the case stated by Mr. Stevenson, it is not true that a civil war existed in Upper Canada, at the time of the destruction of the Caroline: — there was not a man in arms in the province then, nor has there been one since for any other purpose, than to rt^l invasion from the United States. The armed force at Navy Island was not an insurrectionary force, but one that had invaded the province from the state of New York — which invasion was an act of open hostility, committed by American citizens, armed and organised in the United States, and marched, in the presence of magistrates and public officers of the union, without resistance or interruption, into Upper Canada, for the avowed purpose of making war upon Her Majesty ; ana the steamboat Caroline was openly and notoriously engaged in the service of, and aiding and assisting this invading force — ^As in the case of the Spanish government in Florida, the govern- ment of the United States either wanted the power or the inclination, it matters not which, to restrain their citizens from making war upon the Q,ueen of England, and attempting the destruction of her subjects, and the overthrow of her government; and the subjects and mili- tary force of Her Majesty had an undoubted right, not only to follow the steamboat Caroline into the territory of the United States, and destroy her there, but to enter into that country and destroy the preparations there making for their destruction, if it were seen that the Ameri- can government either could not or would not do so themselves — That this right has not been acted upon by the people of Upper Canada before now, proves their sincere and anxious desire t>> preserve peace; but it would be folly to disguise the fact, that the repetition of aggressions, such as they have already experienced, may exhaust that disposition to patient forbearance, which has hitherto controlled them. It would probably be considered that your Commiaee had not fully discharged their duty, while remarking on the case of the Caroline, if they permitted the opportunity to escape of contradicting on authority which they knew to exist, and of the most conclusive kind, the statements made by Mr. Stevenson of the cause and manner of her destruction, and the wholly unfounded allegations, that a number of persons were on board of her when she was set on fire and precipitated over the Falls of Niagara. Mr. Setvenson says, that the account given of the destruction of this boat by Mr. Fox and the British authorities in this province is, in every essential particular, discredited and disproved by the most unimpeachable evidence; that the evidence transmitted by him to Lord Palmerston, strips the proceeding of every pretext alleged in its justification, and marks it as an act of the most offensive ahd unwarrantable character. Apart from the admissions which are to be found in Mr. Stevenson's own com- munication, and which have been already adverted to as sufficiently contradicting his assertions,, your Committee have it in their power to affirm, that it is established by evideuce incapable 3th Pari. en the height ' could never fwer com- to subdue tlleged viola- or protection lom and the )d upon the i'rested from the injuries ;ral and the justified the sacola would ession of it ; to hold it ict punish- in the purest ons, as well d a right to to demand,) dians in the that a civil ere was not urpose, than le that had len hostility, marched, in nterruption, ty ; and the aiding and the govern- ot which, to impting the its and mili- lat Caroline lat country the Ameri- las not been nd anxious jpetition of 1 to patient arged their y to escape 'e kind, the the wholly i set on fire nt given of is, in every e; that the ry pretext ^warrantable own com- ) assertions^ e incapable 2nd Victoria, 1839.] Report on State of the Province. 123 of successful contradiction from any quarter, that the piratical steamboat in question was engaged ibr what was called the patriot service, several days before she came to the island. A detach- ment of the brigands was sent from the island to Bufllalo, to assist in extricating her from the ice, and fittting her out, and bringing her to the island. She took muskets and other military stores on board, at Buffalo, for the use of the invaders. On her arrival at the island, her captain surrendered the entire direction of her to the chief brigand, who gave orders for her safety, fearing she might fall into the hands of the British. She was openly and publicly employed during the day in bringing over cannon and men from Schlosser to Navy Island.— When she was attacked, the crew on board were armed and prepared for resistance, antici- pating an attack : they did resist, and seriously wounded several of the assailants. There was a body of men on shore, armed for her defence in the event of an attack, but they did not venture to go on board the vessel — and lastly, it is utterly untrue that any one was on board at the time she was precipitated ove/ the falls. Your Committee feel that this statement of the truth of the case is not necessary to vin- dicate the legality of the destruction of the boat, but simply to remove the imputation that unnecessary severity was exercised towards the persons on board of her, or that in any pos- sible case her destruction was not fully justified. It has been with feelings of the deepest concern, and, at times, of indignation, that the loyal people of the Canadas nave observed the apathy of the government of the United States — notwithstanding the repeated appeals that have been made to them — in restraining and punishing the brigands who are within its reach. It is a fact not only undeniable, but almost universally admitted, that the conduct of the United States is, and from the beginning has been, such as to show that they regarded with satisfaction rather than disapprobation, the at- tempts made to sever these colonies from the British crown ; and although your Committee do not feel authorised to advance their individual opinions as those of your honourable House, when they state their conviction, that there is a very strong desire among the American peo- ple and government, to expel monarchical institutions from this continent, yet they beheve that the indications of this desire are so obvious, that our Gracious Sovereign and the British nation should be constantly and plainly apprised of them, by those who have the best oppor- tunities of watching them, and stating them with confidence. Your Committee believe that the feeling to which they have adverted has mainly induced the recent extraordinary movements in Maine, and the sudden and u . .ipected assertion of the general government, that the exclusive jurisdiction over the disputed territory on our eastern border does not belong to Great Britain, but that the state of Maine was fully justi- fied in taking possession of it by force of arms. If reference were made to the mere incon- venience that would result from the impunity with which crimes of the most atrocious cha- racter might be committed in a country over which no ascertained legal jurisdiction extends, it would be enough to decide the necessity of leaving the territory in dispute under the con- trol of laws by vvhich it had always been governed ; but the people and government of the United States are insensible to this or any other consideration that comes in conflct with their designs on the possessions of the British crown. They well knew, and cannot deny, that the territory in dispute has always been under the jurisdiction of Great Britain ; and they are equally sensible that the settlement of the true line dividing the two countries has never been retarded or evaded by the English government, but that the fault, if there be any, is wholly on their side. Notwithstanding which, at a moment when it is believed dissensions exist in the colonies, warlike possession is taken of a part of the country that has always been claimed by, and which has ever been in the possession of, Great Britain, and which, if ceded, will completely cut off the land communication of the British North American colonies with each other ; and the moment this most unjustifiable aggression is committed, Congress, in compli- ance with a recommendation from the President, passes a law authorising him to employ the army and navy and militia of the republic, to resist any attempts on the part of Great Britain to enforce by arms her claims to exclusive jurisdiction over what? — over that part of "the State of Maine" ! which is in dispute between the United States and Great Britain. This enactment would settle the whole matter, if submitted to, since it assumes that the territory in dispute is part of " The State of Maine," leaving further argument or proof, on the part of Great Britain, wholly out of the question. Your Committee would exceed their province, if they ventured an opinion, however re- mote, of the course which Her Majesty may take, in reference to this unexpected interference with her undoubted sovereignty ; but they may venture lo express, on behalf of their brave and generous fellow subjects of New Brunswick, their firm conviction, that not tke smallest 134 Report on State of the Province. [4th Sess. 13th Pari. portion of their rights will be sacrificed to the cupidity uf an encroaching and presumptuous opponent. And on behalf of themselves, and of the loyal inhabitants of Lower Canada, they can only say, that the surrender of the territory claimed by the United States, could not fad imminently to endanger the connection of these colonies with the parent state ; and most earnestly do they hope that a concession so unfounded and ruinous will never be made.— Neither can it be forgotten by colonists, nor will it be overlooked by the British government, that no compromise can take place which will have the effect of transferring any portion of Her Majesty's subjects to a foreign power. The people of New Brunswick may be released from their allegiance, and cast of from the mother country; but they cannot be transferred, and rendered subject to another power without their own consent. The true line, and that oply must determine to what nation they belong. Your Committee having thus adverted to the events of most prominent importance that have occurred during the last year, feel called upon to impress upon your honourable House the necessity — a painful one it certainly is — of nssuring our gracious Queen, that while her loyal subjects in these provinces acknowledge with the deepest gratitude the efficient protec- tion extended to them, by the large military force that has been stationed in the country, they are bound to reiterate the opinion expressed in the Report of your honourable House, of the last session, that the continuance of this protection is essential to their future peace and safety — not, however, from the slightest apprehension of internal revolt — but " because the govern- " ment of the United States either wants the inclination or the ability to compel its citizens to " yield obedience to the laws of nature and of nations ;" and because we believe these citizens are still ferociously bent on repeating the aggressions from which we have already so severely suffered. Your Committee further earnestly recommend that your honourable House should bring under the consideration of Her Majesty's government, the just and undoubted right of the owners of the Sir Robert Peel steamer, to prompt and complete indemnity for the felonious destruction of that vessel, in American waters, by American citizens. It has occasioned some surprise that this remuneration has not been made ere this ; but the ruinous consequences which would result from longer delay, to several of our fellow subjects, imperatively require that your honourable House should press their claims with the utmost earnestness. The more recent burning of the Thames steamer, and of the property of individuals in different parts of the country, by the invading brigands from the United States, should, your Committee are of opinion, receive the early attention of your honourable House, in order that steps may be taken to obtain for the owners a full indemnity for their losses. Your Committee are well satisfied that the people of this pro/ince will not permit individuals to sustain ruinous losses which should be borne equally by all. They cannot regard the destruction of the property referred to, as among those casualties that establish no claim for indemnity from the public. They are the consequences of a national calamity, which the whole people are concerned in repairing ; and your Committee are well satisfied that such is the opinion of every loyal sub- ject of Her Majesty in the province. It is not for your honourable House to point out the best means of defending these pro- vinces from future invasion; but your Committee are of opinion, that Her Majesty would not receive unfavourably, the respectful representation, that there are many reasons against em- ploying, for any length of time, the rural population of this new country in military duties. Taking them away from their agricultural pursuits, is productive of much and serious disad- vantage to the province, and it would be wrong to overlook the injurious effects which may be produced, on the morals of young men, from habits too readily contracted in a service that cannot demand their constant employment. If Her Majesty should direct the construction of forts and places of defence along the frontier, it is believed that very great saving would be ultimately effected, by rendering unnecessary a portion, at least, of the militia force which is now embodied ; and to the calling out of which, the people of the province are materially indebted for their present safety. In concluding their remarks upon the struggle in which the Canadas have been engaged during the past year, your Committee will briefly advert to two points, the most gratifying to every loyal British subject. The first is, the noble and cheering declaration of our beloved Clueen, that "Her Majesty Is firmly determined to maintain the authority of Her Crown in this part of Her Dominions" and the second, that Her Majesty's subjects cf British and Irish descent are not only entitled to, but are eminently deserving of the royal pledge thus given to them. 3th Pari. 2iid Victoria, 1839.] Report on State of the Province. 125 resumptuous ^anada, they ould not fail ;; and most be made. — government, y portion of be released trans/erred, le, and that )rtance that able House It while her lent protec- )unlry, they ouse, of the 5 and safety the govern- 9 citizens to ese citizenu so severely His Excellency the Lieutenant Governor truly observed, in his speech at the opening of "the present Session of the Provincial Legislature,—" That the main foundation of the hopes of " the discontented persons in this province and their foreign supporters hus been a mischievous "notion, industriously propagated, that England would desert tier trans-Atlantic possessions in " their hour of difficulty and danger." These false and pernicious opinions are now dispelled, as your honourable House never doubted they would be, by a pledge the most emphatic and sacred. And while their enemies are thus disappointed in their hopes, her Majesty's loyal people are encouraged to persevere in that noble display of devoted loyalty, and unsubdued bravery, which has so eminently dis- tinguished them on every occasion, and in every conflict, where their services have been rc- nuired, to expel or annihilate their ruthless invaders. It is in the power of your honourable blouse to inform our gracious Sovereign, that, notwithstanding all the misrepresentation and falstaood that hus gone forth with respect to the political feehnga and principles of her sub- jects here ; and notwithstanding the persuasions employed, and the allurements held out to seduce them from their allegiance, they have stood stedfast and firm in their faith and loyalty to their Q,ueen ; that not a man among them was found to unite with the invaders of their country ; that they spurned with abhorrence ihe false and delusive offers made to them of greater freedom and happiness, by a foreign people who had basely and criminally dared to interfere with their inatitutions, and to pollute their soil with their presence ; that the truth of these feelings and principles has been tested by the blood of many of their fellow subjects, who have sacrificed their lives in maintaining them ; and whose example their lamenting sur- vivors, animated by the same patriotic bpirit, are and ever will be ready to follow. I . % lould bring ight of the e felonious ioned some nsequences ely require The more erent parts imittee are ps may be (e are well nous losses B property the public, icerned in loyal Bub- these pro- would not gainst em- iry duties, ous disad- /hich may rvice that along the rendering he calling fety. 1 engaged itifying to r beloved wn in this )h descent them. When your Committee were appointed by your Honourable House, they had reason to sup- pose that the duties with which they were charged, would not extend beyond the subject referred to in the preceding pages of this report; but since that period a document has been promulgated by order of the House of Commons, purporting to be the report of Her Majesty's late Hieh Commissioner, the Earl of Durham, addressed to Her Majesty, on the affairs of British North America, which contains matter so deeply affecting the social as well as political relations of all the provinces, especially of Upper Canada, that it would ill-become your Com- mittee to pass it over in silence. Indeed they regret that at this late period of the session, it is impossible to give the statements and opinions advanced by His Lordship, the extensive investigation their importance demands; but your Committee will apply themselves with calmness, and they trust with dispassionate zeal, to vindicate the people of Upper Canada, their government and legislature, from charges that imply a want of patriotism and integrity, which they know to be unjust, which they did not expect, and which they grieve to find advanced by a Nobleman who had been sent to these provinces to heal, rather than foment dissensions, and who certainly should have carefully guarded against giving currency to unfounded, mischievous and illiberal rumours, for the truth of which he admits he is \ssessed of a dispassionate mind, had fuiled, after a short residence in the North American colonies, to detect the fallacy of the "conciliating' policy that had been so long pursued, or to determine which party sincerely desired to perpetuuto the connexion with tne mother- country ; and which was aiming, under the specious pretext of securing liberal institutions, to sever the union and establish a democracy. Neither was an instance known of a high-minded Englishman, residing in America for any length of time, hovvover strong his predilections might previously have been, who did not leave it with a feeling of disgust at the practical exhibition of republican institutions on this continent. Accordingly, upon his landing at Quebec, Lord Durham was received with the appearance of enthusiasm, and certainly with the most sincere ciesire to convince him, that no impediment would bo thrown in the way of his government by those, who were truly desirous that peace and order should be again restored to tiie country, and who were heartily tired of the imbecility with which affairs had been conducted for t£e greater portion of the two preceding years. The first Act of His Lordship's administration, was the issuing of a proclamation, setting forth the objects of his mission, and the policy he was determined to pursue in executing his high and important duties. He declared that "the honest and conscientious advocates of " reform, and of the ameliorations of defective institutions, should receive from him, without "distinction of party, races, or politics, the assistance and encouragement, which their patriot- " ism had a right to command, from all who desired to strengthen und consolidate the connec- " tion between the parent state and these important colonies; but the disturbers of the public " peace, the violaters of the law, the enemies of the Crown, and of the British empire, would " find in him, an uncompromising opponent, determined to put in force against them, all th« " powers, civil and military, with which he was invested." This manifesto was received with general satisfsction, by the well-afTccted in both pro- vinces, they desired no more than that the principles it avowed should be fully and faithfully acted up to ; well persuaded that if this were done, the peace of the country would be quickly re9tore(i. Your Committee are not disposed to doubt that Lord Durham sincerely desired and intended to fulfil, to the very letter; every pledge, direct or implied, contained in his procla- mation: that his acts would be marked by discretion, and a respect for constitutional prin- ciples, and that he was firmly resolved to exert every faculty he possessed, in restoring tranquillity and security to the Cunadas ; unhappily, however, some baneful influence inter- vened, or some defect of judgment existed, to mar and frustrate th'ese noble and generous resolutions. Your Committee disclaim the intentioi. of uttering one single sentiment that can be construed into wilful •or gratuitous disrespect to the Earl of Durham, or the desire of conveying the most distant imputation on his patriotism or integrity; but in the performance of a duty which admits of no forbeannce that may exclude the truth, they are bound to declare, that from the date of this proclamation to the close of His Lordship's administration, .almost all his public acts, were marked, either by a disregard of the restraints of law and of the constitution, or the entire absence of that knowledge e.ssdntial to guide and k^fp a public man within the limits of the powers confided to him. Distrust in his Lordship, was first excited by the suspension from office of all the mem- bers of the executive council, who had been commissioned by the Crown, and the appointment, as their successors, of gentlemen, who, with the exception of two, (the Commissary-General and the Secretary of the province of Lower Canada,) had accompanied him from England, and who, whatever might have been their general knowledge, were wholly unacquainted with iih Pari. I to receive were aware liail lor some I diploinatic i[)08sible for nowleJge of !nt hU fulling I u|)on, was and love of so great and f the public ipire, would lom, all tk« 1 lH)th pro- id failhriilly 1 be quickly Jesired and his nrocla- tional prin- n restoring lence inter- id generous timont that le desire of lerformance 3 bound to ninistrntion, law and of Ifp a public I the mem- ppointment, iry-General II England, laiuted with 2iid Victoria, 1831).] I^eport on State of the Province. 187 the local concerns of the couotry, and utterly incompetent to suggest or frame any legislative moasuro that the peculiar condition of public atliiirs demanded. These removals were made in the most courteous manner, and your Conmiittee are unable to say, that they did not take place in consequence of orders from England; but the eflfect was not only to excite uncom- fortable feelings in the province, from the ungracious appearance of the act, — but lo cast hts Lordship u[ton a sea oi diHiculties, without a single competent pilot to warn him of the dan- gers thut surrounded him, and it is not to be wondered at, that he was speedily involved in serious cmburrassments. He soon afterwards reciuired the great seal of this province to be affixed to a commission, tested in his own name as Governor General, aopointing certain gentlemen, commissioners, to inquire into the land-granting department in Upper Canada; over-looking, or disregarding, the provisioHH in his appointment, by which he was precluded from acting in any province, in which he had not actually assumed the government, and been sworn into office. Although this Act was wholly unauthorised, it was nevertheless acquiesced in, that it might not bo alleged that his Lordship had been thwarted in any manner, in carrying into effect whatever measures he deemed necessary to accomplish the object of his mission. A further, and somewhat ludicrous exhibition, of his Lordship's assumed powers, was evinced in the |>rocliimation issued by him, offering a reward of one thousand xiunds for the apprehension and conviction of the pirates concerned in the destruction of the Sir Robert Peel steamboat. As the offence was committed in the United States, where a one the power of punishment existed, this proclamation was considered a somewhat singular, if not an unpre- cedented interference with the administration of justice in a foreign country. To the people of this province, a demand on the American government for reparation wouljects from insult and injury. A measure of a much more mischievous tendency soon after occurred, in his Lordship's interference, when in Lower Canada, with the course of justice in the disposal of the prisoners captured at the Short Hills, in the Upper province. This interference, and th? cause of it, are detailed in the correspondence laid before your honourable House : — It is, however, un- necessary to refer to it here, for any other purpose than to shew that his Lordship did not regulate his official acts and corre8|)ondence by any legal rules, but according to such v'ews as he might chance to entertain, apparently regardless of the embarrassments ne might occa- sion to others in the performance of the most painful and difficult duties. The remarkable ordinances that consigned to transportation to Bermuda, several of the Lower Canadian traitors, and which enacted that the penalty of death should be inflicted upon others who had been neither tried nor indicted, but who had fled or absented themselves from the province, if they again returned to it; and the disallowance of these ordinances by her Majesty, are subjects withiu the recollection of every one, and it would answer no useful purpose to discuss them here. But without examining the degree of validity which attaches to thosq ordinances, or the motives or necessity for their enactment, they undoubtedly, at the time they were promulgated, were regarded by every professional or well-informed person, as unprecedented and extraordinary, if not wholly unconstitutional and void. The concluding act of his Lordship's government, his Proclamation of the 9th October, requires no comment from your Committee — it was regarded by all lovers of order with silent astonishment and disapprobation, and with what justice is best proved by the terms in which it was noticed by her Majesty, who dirt'cted the Colonial Minister to inform Lord Durham that her Majesty had been advised by her Ministers to regard it "not merely ns a deviation " from the course which had hitherto been invnriably pursued by the governors of British pos- " sessions abroad, but as a dangerous departure from the practice and principles of the con- " stitution. They considered as open to most serious objection, an appeal, by such an officer, "to the public at large, from measures adopted by the Sovereign, with the advice and consent "of Parliament. " The terms in which that appeal had, in that instance, been iriade. appeared to her Ma- " jesty's Ministers calculated to impair the reverence due to the royal authority in the colony " — to derogate from the character of the Imperial Legislature — to excite amongst the disat- " fected hopes of impunity, and to enhance the difficulties with which his Lordship's successor " would have to contend. ^| 198 Report on State of the Province. [4th Sen. 13th Par\. 2nd ** The Minister't of tho Crown having humbly ■obmitted thti opinion to the Queen, the "Secretary of State proceeded to lay, that it became his duty to inform his Lotriship that he " had received her Majesty's commands to signity to his Lordship her Majesty's disapprobation "of his Tiordship's Proclamation of the Uth of October. "And that, under these circumstances, her Majesty's govornmunt wore compelled to ad- " niit, that his Lordship's continuance in the government of British North America could be " attended with no beneficial results." Your Committee have noticed these prominent public acts of his Lordship, for no other reason than to draw attention to tho proofs which exist of tho singularity, if not unsoundness, of his judgement — and as nflbrding room for those not personally acquainted with the facts on which his Lordship founds his conclusions in tho Report which he has presented to her Ma- jesty to doubt, or ut all events to receive with caution, tho statements he lins set forth, with lesnect to the social and political contlition of a province in which he never resided, and with which lie had scarcely any periiunal acquaintance, tlis Lordship's personal observation was confined to his passing up the Kiver St. Lawrence, and crossing Luke Ontario, in a steamboat, occupied exclusively by bis family and suite — a four duys sojourn at the Falls of Niagara, and u twenty-four hours visit to the Lieutunniit (jovernor at Toronto. Your Committee are not called upon to examine or ofier any opinion upon that part of his Lordship's Report which relates to tho aifairs of Lower Canada, it la, however, evidently drawn up with much greater care, ami they believe v\ith far greater accuracy, than that jior- tion of it which relates to this province. They will, therefore, proceed at once to tho examination of ihoso o[)inions and observa- tions of his Lordship's, which most set.wusly afFuct this community. Lord Durham ascribes, and your Committee believe truly, all tho dissensions and disturbances tlmt have occurred in Lower Canada, to a contest between liacen of diilerent origin — British and French Canadi- ans ; and, forgetful of the mischievous tendency of his remarks, ho intimates that the political dissensions of this province are to be traced to a jealousy or disagreement between three classes, and a contest among them for the emolument and patronage of oiHce. The first of these, his Lordship (borrowing, with questionable taste, a newspaper sobri- quet,) designates as "the Family Compact," und he informs her Majesty that "the bulk of the " party consists for the most part of native born inhnl)itnnts of the colony, or of emigrants who "settled in it before the 'lost war with the United States." The second is stated to bo formed by a body of the same class of persons jailed Reformers, and the third class comprises, ac- cording to his Lordship's opinion, emigrants from tho United Kingdom who have settled in the province since the war above referred to. It is alleged by Lord Durham that the first party mentioned by him, " for a long time " receiving accession to its numbers, possessed almost all the highest public offices ; by means " of which, and its influence in the Executive Council, it wielded all the powers of govern- "ment; it maintained influence in the legislature, by means of its predominance in the Legis- " lative Council ; and it disposed of the large number of petty posts, which are in the patron- " age of the government all oVer the province. Successive Governors, as they came in their " turn, are said to have either submitted quietly to its influence, or after a short and unavailing "struggle, to have yielded to this well-organized party, the real conduct of affairs. The "bench, the magistracy, the high offices of the Episcopal Church, and a great part of the *' legal profession, are filled by the adherents of this party ; — by grant or purchase they have " acquired nearly the whole of the waste lands of the province ; they are all powerful in the "chartered banks, and, till lately, shared among themselves, almost exclusively, aill offices of " trust and profit. The bulk of this party consists for the most part, of native born inhabi- " tants of the colony, or of emigrants who settled in it before the last war with the United "States;" and His Lordship declares that never was the power of the party so extensive or so absolute as it now is. The High Commissioner in thus describing a class of persons who are evidently held in slight estimation by his Lordship, has been unable to find, or at all events he does not state, any objection to its Members on the ground of want of ability or patriotism ; he does not question their loyalty, and he admits that they are numerous and possess much property and great influence, but that in consequence of their having monopolized the power and patronage of the government, they have excited envy, created dissatisfaction, and have ultimately pro- voked attack ; and it is plain, that entertaining the same sentiments with their oponents, his Lords once ( whom " d«ml " rath tth Pari. 2nd Victoria, 1839.] Report on State of the Province. 189 Queen, the •hip that be approbation el led to ad- ca cuuld be or DO other nsoundnoM, the facts nn to her Ma- forth, with d, and wilh va'ion wom Mteunilioar, ''uguru, and Lhut part of r, ovidently in that por- id obHcrva- m ascribes, )ccurred in ch Canadi- he political iveen three )aper xohri- bulk of the "[rants who be formed nprises, ac- settlfd in I long time by means of govern- the Legis- he patron- ne in their unavailing lirs. The >art of the they have rful in the I offices of rn inhabi- he United tensive or ly held in not state, 3 does not perty and patronage Btely pro- ments, his Lordship thinks it necessary that they should be put down, and that the authority and influ- ence of the Crown iihould for that purpose, bo thrown into the scale of the second class — whom his Lordship designates " Rcfurmers," among whom, however, ho says, " it cannot bo " doubtfd iliiit tiiure wore many who wished to uMMiiuilutc the institutions of the province " rather to tliuse of the United iStutes than to those of the mother country." There are two aspects in which these opinions of his Lordship mny bo regarded, e(pially unfavouralili) to his penetration as a statesman, and his chuructn as a safe adviser of the Crown. It could not tail to strike u miin of ordinary utiderstiiruling that if the "Compact" wore so numerous, and composed of the class of persons ho descrilxm, they must have ik (jiiired the influence tliey poHsess niilurally and as a matter of course, and not by any tlishonorable means : and it would be diiliciilt to persuade any one, that the governiiiei,t of the country could be carried on without their support — and certainly there is sonielliing inexplicable in the opinion inliiniited by his Lordship, that they should be east aside to mako way lior another party, "manif of wlioni. his Lordship says, wished to nssimilute the institutions of the province rather to those of the United States, than to those of the mother country" ! IJut your Com- tnitteo have a hijiher duty to perform than criticising the lai:guage, or endeavouring to fathom the meaning of the Karl of Durham. They feel themselves e(|ually bound to vindicate their follow subjects of both classes. It is somewhat singular to find it represented that the refor- mers of this province complain of the existence or influence of "a fun)ily compact" composed of persons who are represented to be of the same origin with themselves; but whatever may l)e the opinion of others, your Committee believe, that the differences which have existed in the province, have proceeded from political disagreements that have unhappily grown up in this, as in every other community, and not from envy of each others prosperity ; and although true it is, that the ranks of the reformfjrs have been disgraced l)y men who have turned traitors to their country, yet the great body of that class of persons |»rofess to lament the cir- cumstance with as much intensity of feeling as any other ; and your Committee believe that however much they may feel gratified at finding their political sentiments on the subject of the internal government of the country, approved and recommended by the Earl of Durham, they hold themselves to be under no obligation to his Lordship, for endeavouring to raise up domestic dissentions, which can have no other effect than obstructing, or delaying the restora- tion of that social harmony, which once happily existed, and which all benevolent men, of every party, anxiously and earnestly desire to see re-established in the province. If Lord Durham had given himself the trouble to enquire into facts, and to consider them, he would have been convinced of the improj)riety and injustice of designating, as he has done, the great body of the people of the country, as a "compact" united to tyrannize over and oppress their less numerous and less powerful fellow subjects. When the constitution was conferred on the Canadas in 1791, and the first Governor, General Simcoc, assumed the administration ofafl'airs, there were htlte more than 10,000 inhabitants in the Upper Province. His Excellency was accompanied Viy personal friends who had served under him in the War of the Revolution. These, with few exceptions, were appointed to fill the various public offices in the colony. There are few of these most excellent and venerated men now remain- ing, and none of them who are not superannuated or incapable of further labour. Notwith- standing the natural and reasonable claimsof their children and descendan's to consideration, very few of them have been appointed to any situations of emolument, and none of them, that your Committee are aware of, have succeeded to their father's vacant offices. Tlio patronage of the Crown, even during the short period that has elapsed since the organizaiion of the government, has been widely and indiscriminately extended among all classes, and all deno- minations of Her Majesty's subjects, without the slightest regaid to family or hereditary claims; and so far from a monopoly of office or power being retained by these persons, it was at one time a source of much dissatisfaction and complaint, that they had been ungenerously overlooked. But his Lordship, as if to meet this objection, that he probably apprehended might be raised to the part of his report to which these observations apply, has announced to Her Majesty and the British nation, that the third party to whom reference has been made, viz.: — the emigrants from the United Kingdom, who have settled in the province since the last American war, regard the entire of the original and native population, whether reformers or othert, as a " family compact," combining to exclude them from the enjoyment of offices con- ferring emolument or power; — that this large and spirited class of people feel as aliens instead I 130 Report on Stale of the Province. [4th Sen. 13th ParL 8ii and that thuy |k>mcm '7X U' E^> m ,.,v of citizens ; the United States, ktato «>r auciitty — thoy nro wolt irn|K>au of wh' greater right a* Dritiah auhiucta than if thuy rvaidod in Yuur Cuiniiiittoe cannot aup^iuae that Lord Durham ha.4 itiuigiHed auch a convinced that aomo diaa|i|H>intud or diacontcnlcd prraon haa ud u|)on hia lAiniahip'a crudiiiity, and lud him to nroiniilgiito an opinion, the tendency ich to great and porinanLMit injury, cannot ho eaaily coiinturactod. No portion of the community can aullur more directly or aurioualy i'roni thn cir«!cta of thia nrronoouM aaaurtion, than tho vory pur»ona, who, it ia alleged, uru labouring undrr ihu hanel'ul intluunuu complained iigitinat; und it iH with no common aiitiaiuclion ihutyonr Cointnilttu find :itnong thuir number throe ffunllomon well known tlitoughout the province, the repreMontativea of three diittinct ccmstituencioa, and who, being oi' tho nundter of thoao who hix LordHJiip atatca are rogardud na alicna in thia portion of their f^overeign'a doniiniona, are beat able to pronounce upon tlio accuracy of Hia Lordthip'a atatemcnla. One ofthcae gontlomon, Colonel Prince, ia an Englishman by birth, nnd wn<* bred to the legal profeaaion. He came to thia Province nix years ugo, und brought with him u conNiderable Hum of money, which he has expended in purchnaing and improving real cittute in the VVeatern District. On the first occuaion of iaiuiii!! u commisaion ot the pence for that divinion of tho province, he waa included in it; und at the next general election he wna returned to represent the coimty of Essex, by a popululion nimojt excluttivcly Canadian; und the liCgiHlature, to mark ihcir aonsu of his gallant conduct ufion diU'ercnt occusiona, in rcHihting the invuMion of tho country by foreign Urigands, passud u law admitting him to practiMO as n linrriater and Attorney in all the courts. The Lieutenant Governor soon after Cvyuferred up«)ii liitii tho rank of Colonel in the Militia, and entrusted him with the command of n battalion eniliodied for actual service, ond which is still on duty. Tho sfcond is Mr. II. Hollo liunler, a gentleman of iu(io|teiident property, nnd u native of Hcotland. — He has reside their ahodo in this Province; und the three members of your Committee, to whom special rofereiico has been made, conceive that they aro bound injustice, calmly, but un(;(|uivocally, to deny thiit Lord Durham has been correctly informed with respect to the feelings of the original settlers in Upper Canada towards them ; on tho contrary, they know that if there be one matter moro than another that thoy feel a dee[) interest in and a desire to promote, it ia emiijralion from tho British Islands. They are uwnre of the immense udvantafje the country his (lorivod from this source, in general wealth, as well as in their social and political relutiona; and it is universally considered that the check it has experienced from the recent diBicultiea in tho two provinces, is among the most serious, if not the very greatest, of tho evils that have residtetl from them. And as a proof of the anxiety of the Provincial House of Assembly here, to pronit»to emigration, and to remove every impediment to its increase, tho members, at a time when the House was composet' almost exclusively of persons of tho first and second classes abovo alluded to, repeatedly 1 unanimously, called for the disallowance of an Act passed by the legislature of Lower Canada, imposing a tax upon British emigrants landing at the ports of Quebec and Montreal ; a tax which was regarded by them as odious — injurious — and unconstitutional. With respect to the exclusion of British and Irish emigrants from places of honour nnd emolument in the province, it is sufficient to state that the vice-chancellor — the master and registrar of the court of chancer;/ — the receiver-general — the secretary of the province — the xoUcitor general — four out of /ive executive councillors — and twelve out of the twenty-nine legislative councillors appointed since Sir John Colborne assumed the government of the country — two-thirds of the clergy of the church of England — a like proportion of district school-masters — and the principal and masters of Upper Canada College, with one excep- tion, —have been taken from that class of gentlemen ; and it may be confidently asserted that from among them, a large majority of justices of the peace, militia officers, commissioners of the court of requests, and other local appointments have been made, — while it is a remarkable fact, that of the sixteen battalions of militia ordered to be embodied for actual service for the def« rec« pur gra of o the inct 3th Port 9fid Victoria, 18:19.] Report on State of the Province. 181 jy retfiilod in igineti Much a I peraoii tiaa ttio tuiuluncy •Mr.jcu of thin r till) Imiioi'ul •MiiiiiitLu fin(i prt'Hoiilativt'a •xlHliip fltatva to prunuiincu •* l>rod to (lie iDiiHidcrablM ilio WeMtern viHiori of tlio I In 10 present f^'iHlutiire, to iiivuHJon (it* Inrristcr ami li'ii the rank Miiliodic'd for ti gciitlomttn ccHix years; lo County of iry since the , nnd settled m dentil, liii li(>er for thu let with, nnd regnrded lut vo taken uf> lioiii special «!(juivocally, lings of the t if there he roniote, it is tlie country 111 rciutions; t diflicutties Is that have embly here, iiihers, at a II nd second 3 of an Act 1 landing nt injurious — lonour nnfl master and ovince — the wenty-nino lent of the of district 'ne excep- serted that ssioners of emarkable ice for the ilofence of the country, Itn of thorn are commanded by British or Irish gonttrninn who have recently coino to the nrovincc, selected without ruforonco to |K)litica or religious crutid, but purely on account of loyalty and ability. Your Comniitteu fuel it iinnoccsaary to pursue this siilijoct further; ami while they are gratified in having it in their imwer to ollbr a complete, nnd, tlitty trust, s:tti<«fii('toiy refutation of opinions and xtutomciits, which, if true, would bring discredit iiiiil injury upon ibo province, they cannot avoid rL>pi>ntin<{ their concern that those statements and opinions ittioiild have been iiictmsiderately advanced by a person filling the high station conferred upon the Earl of Durham. The lli.'^li C'onimtssioner having thus recorded his opinion of the dillereiit parties in the rroviiice, iti-oceeds to st ite various matters connected with the ailmiiiiHiratioii of Sir Francis lead, anil the dilVerent deparlineiitsof the government, which your Comniitteu will notice in their order, us lirietly as possible. It has hnp[iciied, unfortunately for Lord Durlnm, that ho employed agents lo procure information, or aiMpiired it from parties, evidently inconipetent or iniiisposid to speak cor- rectly upon the past political event-i of this province ; since to this cirriinistaiicc }our Com- mittee are bound to attribute the inany inaccuracies oontnined in ilis Lordship's Uc{K)rt, which, in themselves, arc quite sullicieiit to east general discredit upon it. Thus, Ilis Lordship aflirms that fclir Francis Head, on assuming the government of the colony, dinmixMnl from the Exrcutive Council .some of the members who were most obnoxious to the House of Asseiiiblv, antl recpiested three individuals lo xiiccenl them. This is wholly incorrect: — Sir Francis llead did 7wt dismiss any of the Council niion asHiirning the govern- ment, and of course ho did nut ap()oint others to succeed them: — the o[)pointmcMls tiiado by Sir Francis were in addition to the Councillors ho found in oHice; and they were in liict mode in conse(pieiice of the representation of the latter gentlemen that an iiicreuse of their mem- bers was nec(!ssary for the transaction of the public business of the country. The selection of t'le new Councillors was, very probibly, made to conrili.ite the House of Assembly, but not at tho instance of that body, or at tiic suggestion of any one of its members. Ilis Lordship next states, "that among tho first acts of tho Governor, after the appoint- "nient of this Council, was, tho nominatitm to some vacant offices, of individuals who were "taken from the old ofllcial party, and this without any communication with his Council. "These appointments were attacked by the House of Assembly, and the new Council finding "that their ojiiiiion was never aske ^1 .; 'if' e^{» As Lord Durham has fallen into error npon mere q'lestions of fact of recent occurrence, it v/ill probably not be consiiiered surprising that ho should mistatc those of more remote date; but His Lordship has misapprehended one subject to which he has adverted, in a man- ner somewhat remarkable, and which ought not to pass without notice. His Lordsiiip states, that a law was passed immediately after the last war with tlio States, forbidiling Amcricau citizens to hold land in the province. In the first place, no such law was ever pussed ; and in the second, it was wholly unnecessary. Any one of the legal advisers of His Lordship could have told him, that an American citizen, unless naturalized, cannot, by the laws of England, hold lands within the British dominions. It is probable that, in alluding to this subject, His Lordship has been misled by an inaccurate reference to an act of a directly contrary tendency, which was adopted in 1823. This act was passed, and has the elfect of confiiining the titles of American citizens, who had i^roviously settled in the province, under the impression that they might legally hold lands. With respect to future settlers of this class, tlio law remains as it always has l)een, neither facilities nor obstructions being placed in tlieir way. Of the policy of their admission, however, it would surprise no one, if His Lordsiiip, a'ter his expe- rience in the government of ibis country, should have entertained great doubts: the reverse, however, appears to be his opinion — he seems to think the indiscriminate admission of the citizens of the neighbouring republic, would be of advantage, both to the province and the mother country. Your Committee will pa.ss over particular notice of the opinions advanced by his Lordship, on the subject of tlio Clergy Reserve question, "of the policy towards the Catholics," and the "complaints of Orangeism" — not that abundant room does not exist for tlic expression of regret, that on subjects sufficiently calculated in them.selves to produce excitement, his Lord- ship should have felt it right to appear as the partizan or advocate of either party, and to expre&i favourable views as to one, and adverse opinions as respected the other. If mischief do not arise from so indiscreet n course, the Province will be indebted to the magnanimity of its inhabitants, rather than to the observations or advice of Her Majesty's High Commissioner. His Loiv^^iiip does not appear to have considered it necessary to recommend forbearance among parties, whose differences involve no great principles of government, but arc confined to subjects of a social, rather than political character; but he prefers the attempt to cast aside, and disregard the wishes and pretensions of any portion of the community that happen not to be in accordance with those theories, for which he most plainly evinces a preference. The settlement of the question which has, undoubtedly, strongly agitated the public mind, with respect to the clergy reserves, has been an object of the most anxious solicitude .imong all parties in the province, and nothing can more clearly prove that want of success in attaining this desirable end, is not to be attributed to illiberal or unchristian feelings, than that the various measures which huve been introduced have met with conscientious objections among all classes of politicians. Your Committee, however, earnestly hope that the forbearance and mutual concessions which have lately marked the proceedings of your Honourable House, will result in some measure that will prove acceptable to the great body of their fellow-subjects, and put an end to further discussion upon a subject that involves the only point of serious dispute among them. With respect to what His Lordship is pleased to designate the "policy towards the catho- lics," your Committee are well convinced, tlrt no portion of the inhabitants of the province are more fully aware than the catholics themselves, that no invidious policy has ever been designed or acted upon towards them, — and ungrateful would such conduct be, if ever attempted. No portion of the people of this (irovince have been more ready to fuKil the duties of faithful subjects, and none are more deserving of the protection and patronage of the Crown. As regards the statement respecting the existence of "orangemen," as your Committee do not feel themselves at liberty to comment on particular associations in the province, they will confine themselves to the expression of their conviction, that an universal desire exists amonget all classes of the community, to live in peace with each other, and that this desire will gradually but certainly put an end to distinctions that may be found to create dissensions, and in their opinion, nothing would be so certain to defeat this great object, as the application of violent or coercive measures, or the indiscreet interference of authority. The distinctions referred to by Lord Durham, were not found to damp the universal loyalty and good feeling of the people of this province, during the last eighteen months of peril and invasion; — all par- ties laid aside their disagreements, and none more readily and willingly than catholics and 13th Pari. nt occurrence, ' more remote rtcd, in a man- ordshij) state?, ling Aiiicricaa nussed ; and in iordsliip could •s of England, is subject, Hi.n •ary tendency, ning tile titles npiossion that J law remains \v;iy. Of the Iter his expe- : the reverse, nission of the nnce and the his Lordship, itholics," and expression of Mit, his Lord- |)arty, and to If mischief ignanimity of Commissioner, 1 forbearance arc confined to cast aside, happen not erence. 1 the public us solicitude of success in igs, than that ::tions among concessions iult in some I put an end xniong them. is the catho- he province 5 ever been l)e, if ever ill the duties "the Crown. Committee )vince, they csire exists this desire dissensions, application distinctions rood feeling n; — all par- tholics and 2nd Victoria, 1839.] Report on State of the Province. 133 Orangemen, who were found fighting in the same ranks, side by side, in defence of their laws, their liberties, and their Sovereign. Buch men, actuated by such principles, cannot be estranged from eajh other ; they must and will be friends as well as neighbours. Lord Durham, in his remarks on the physical condition of the province, has considered it necedsarv to contrast the improvements that are going on in Canada, with those in progress in the neighbouring states, and to draw a comparison very disadvantageous to this province. — Your Committee would extend this report to an unreasonable and unprofitable length, were they to enter into the discussion of the various statements and opinions of his Lordship. They will, therefore, content themselves with remarking that if it were admitted, that the contrast is correctly drawn by his Lordship, it ought not to surprise any one who would take the trouble to recollect the true cause to which it should be attributed. The improvements referied to in the adjacent states, have for their support the wealth of a country containing a population of FIFTEEN MILLIONS OF SOULS— Upper Canada, unsustained by any other than its own resources — cut off" from a seaport by the unwise legislation of the mother-country, — unable, from the same cause, to increase its revenues by duties on imports, and containing a population oflcss than half a million, might well rest satisfied that no just reproach could be cast upon it, if its inhabitants had abstained from all attempts at great and expensive works, and had confined themselves to the ordinary pursuits of agriculture and commerce. But the fact is otherwise ; and notwithstanding the inference to be drawn from the High Commis- sioner's report, — Upper Canada has undertaken, and gone far towards accomplishing works that would do credit to any nation, and which, if they are not found superior in magnitude and usefulness, will bear an advantageous comparison with any in the neighbouring country. That they have not been rendered more complete and extensive, is not to be attriouted to want of enterprise or of patriotism on the part of the people of Upper Canada, but to the mistaken policy already adverted to, which has left them without the means of developing the great natural resources of the country, and which can alone be remedied by the Imperial Parliament. But your Committee believe that the happiness and probperity of a country does not altogether depend in forcing, after the manner of hot-bed vegetation, public works, or what are termed, public improvements. These are of course useful in their way, — but unless accompanied by obedience to, and a just and impartial administration of the laws, insuring protection of life and property, and social happiness and contentment — they are of small value. In these important respects, the inhabitants of Upper Canada may, with justifiable exultation, claim superiority over their republican neighbours : — But the Enrl of Durham has not thought it necessary to advert to considerations ot that kind ; he does not seem to have had eyes to see, or ears to hear any of the faults or defects of those, by him, commended and admired people. It is possible, however, that it may detract something from the estimation in which they are held by him, when he peruses a report of a select committee of the senate of the state of New York, recently promulgated, which denounces the Erie canal and other great " improvementis" so much lauded by his Lordship, as infamous jobs ; that they were completed hy foreign (British) capital ; and, recommending that the debts contracted for their completion should be considered as having been fraudulently incurred, and that they should never he paid. This recommendation, sufficiently republican in its nature, may convince others, if it does not Lord Durham, that it is possible that the exhibition of the public "improve- ments" in the United States, may not have been altogether so wise or so deserving of the unqualified praise that has been bestowed upon them — and that certainly it would have been more becoming not to have undertaken them, if the public (chiefly British) creditor is to be refused re-payment of the money advanced for their construction. The High Commissioner appears to have gi.en no very great attention to the condition of trade in Upper Canada, — he, however, slightly adverts to the want of a port of entry from the sea ; and as a measure that would remove some of the embarrassments experienced from this cause, and from the disadvantages arising from the Saint Lawrence being closed by frost for a considerable portion of the year, his Lordship suggests that merchants should be per- mitted to ship their goods from England, and land them at New York in bond, and from thence to bring them into Upper Canada, free of duty. Your Committee will not remark at any length, upon the objections which the ship-owners and merchants of England would probably raise to a measure of this description, but they are wholly unable to reconcile this suggestion or advise of his Lordship, with the recommendations wisely and patriotically urged upon Her Majesty's government, in his letter addressed to Lord Glenelg, dated Niagara, 16th July, 1838, and which contains the following passages : — 134 \:^. ■■:!> m Report on State of the Province. [4th Sess. 13th Pari. " Opposite to Fort Erie, immediately on the lake, is the town of Buffalo, the head quarters of the robbers and pirates who have so long infested this country. Its extent and appearance are surprising; the size and respectability of the buildings, and the number of masts which I could discern in the harbour, prove the value of the commerce, and the wisdom of the arrangements which have thus created, in about ten years, a city in the midst of the wilder- nesss. " This prosperity is owing to the Erie Canal, which commences at Buffalo, and thus makes it the depot of all the trade of the west, flowing to New York. "All these advantages might be ours, by the judicious application of not a large expen- diture. The Wellana Canal, which commences at the Grand River, in Lake Erie, and strikes the Lake Ontario, a few miles west of Fort George, has great advantages over the Erie Canal ; it is open three weeks earlier in the spring, and connects the two Lakes by a short passage. " If this canal was completed, and the Saint Lawrence Canal, the water communication by the lakes, the Rideau Canal, and the Saint Lawrence, to the sea, by Montreal and Que- bec, would be complete, and all that immense trade which now flows from the west, by Buffalo and Lockport, and* the grand canals to New York, would pass through our provin- ces, and enrich all the towns and districts through which it was carried. m II II Vl provinces, atford the I, whilst the md wealth, leisure nor le immense the reasons tranquillity decision of id through- a measure rity of the act of mu- t it is most id the fact, e adopted, whole ad- boats and 2nd Victoria, 1 839.] Report on State of the Province. 135 Your Committee need not say how unequivocally they deprecate this unwise and de- structive recommendation — nor do they for a moment believe that it vvill receive countenance in any quarter. In referring to the great works undertaken by this province, Lord Durham has truly ascribed the inability of the province to complete them, to the impediments arising from the political condition of Lower Canada, and its unwillingness to contribute its aid in works in which they are equally interested ; but your Committee regret that this statement should have been accompanied by most unmerited and ungenerous insinuations against the gentlemen who have gratuitously, and at great personal incqfivenience, acted as commissioners in superin- tending the outlay of the public money. There is something so offensive and unbecoming in these passages of the Report, as to induce the Committee, from that and other internal evi- dence, to believe that that portion of it which relates to Upper Canada, was not written by, and never received the careful revision of. His Lordship. Your Committee will now direct the attention of your honourable House to such parts of the high Commissioner's report, as more particularly relate to the executive department of the fovernment, and to the legislature. In submitting to the consideration of your honourable [ouse the observations they have to offer on this part of the subject, it is with pain they have to declare, that his Lordship appears to have adopted opinions of the most unjust and injurious description, upon information the most inaccurate, and without thinking it necessary to seek the truth in those quarters where he was most certain to obtain it. ft is somewhat singular, that Lord Durham should have overlooked or disregarded the many obvious objections that existed to his making reference in the public manner he has done, or indeed in any other manner, to the course pursued by the executive government of this province, in the administration of justice in relation to the traitors and brigands, whom it became a necessary but painful duty to prosecute. That the course pursued in Upper Canada did not harmonize with the policy of his Lordship, is not to be denied ; but what was done here, was done in accordance with the known and established laws of the province : trial by jury was not dispensed with, and no ex post facto enactments were passed to create unknown penalties against unconvicted offenders ; — and no punishments were awarded that were not within the legal authority of the Crown. Although punishments more severe than Lord Durham had the power or the inclination to award, were inflicted in Upper Canada, his Lordship has no right to dispute their necessity ; and he is wholly without grounds for assert- ing that his policy, if known and followed here, would have been attended by any other consequences than resulted from it in Lower Canada, where he was at full liberty to give it effect In that province, the general impunity which followed crime of the deepest malignity, was followed by renewed rebellion and increased outrage. Upper Canada has been spared that additional disgrace, and saved from the calamities of a second insurrection ; whether this cause for satisfaction is to be attributed to that firm determination to vindicate the laws of the country, which your honourable House, without a dissenting voice^ has th.'inked his Excel- lency the Lieutenant-Governor for exercising, no one can confidently affirm, but it is known to members of your honourable House, that the painful duty of disposing of the numerous prisoners who had subjected themselves to the severest penalties known to our laws, was entered upon with the most earnest and anxious desire to extend mercy to the utmost limits compatible with the safety of the country, and that this desire was firmly adhered to, notwithr standing the strong feeling of an outraged and deeply-injured community ; loudly and unequi- vocally demanding examples of the utmost severity, far more numerous than were inflicted. Without the slightest mention of the grounds on which the two persons alluded to by nis Lordship, as having suffered the extreme penalty of the law, but apparently purposely omitting any notice of them, his Lordship has stated that they unfortunately engaged a great share of public sympathy — and that their pardon had been solicited in petitions signed, it is generally asserted, by " thirty thousand of their countrymen"! The making this statement, if strictly accurate, could answer no useful purpose, bu' quite the contrary; but to mark how incautious his Lordship is, in referring to facts, it is proper to> state that instead of thirty thousand signa- tures, there were not^vc; thousand appended to the petitions; presented^ In connection with this subject, it cannot fail to attract the notice of every one, that Lord Durham appears to have altogether overlooked the outraged feelings^ and deep injuries done to the loyal people of this Province, by the convicted traitors. In no pari of his Lordship's report does be exhibit sympathy for them — they are the objects of reproacli — ^the guilty wre the only parties for whom his llordship expresses sympathy or compassion^ 2Dd m 1-;- Your Committee have with regret further to observe, that the Hi^h Commissioner, not con- tent to limit himself to ungracious notice of pat ticular acts of the (Jovernment, with respect to the public prosecutions, has, in addition, given credit and currency to charges the most ungenerous, not only against the officers of the local Government and the Legislature, but also against a large portion of tho loyal people of the country generally. His Lordship has represented to Her Majesty, that "It certainly appeared too much as if the rebellion had been purposely " invited by the Government, and the unforcunate men who took part in it deliberately drawn " into a trap, by those who subsequently inflicted so severe a punishment on them Ibr their " error. It seemed, too, as if the dominant party made use of the occasion aflbrded it by the " real guilt of a few desperate and imprudent men, in order to persecute or disable the whole *' body of their political opponents. A great number of perfectly innocent individuals were " thrown into prison, and suffered in person, property nnd character. The whole body of " reformers was subjected to suspicion, and to harrassino proceedings, instituted by Magistrates, " whose political leanings were notoriously averse to tlieni. Severe laws were passed, under " colour of which, individuals very generally esteemed were punished without any form of " trial." If one who was not clothed with the ofHcial character of Lord Durham, had promul- gated the paragraph here quoted, he might justly be rendered personally liable for its publi- cation ; but although his Lordship, is not responsible for his onicial acts, as Her Majesty's High Commissioner, to the Provincial Government, and the people his observations so deeply and injuriously affect, yet a moral obligation rests upon him, as an honourable man, to declare to the world upon what grounds he has asserted that " it appeared too much as if the rebellion " had been purposely invited by the Government, and the unfortunate men who took part in " it, deliberately drawn into a trap by those who subse(|uently inflicted so severe a punishment "on them for their error?" By what authority has his Lordship stated, that "it seemed too, " as if the dominant party made use of the occasion afforded it by the real guilt of a few " desperate and imprudent men, in order to persecute or disable the whole body of their " political opponents V From whom did his Lordship learn, and who are the injured parties referred to in his statement, that "a great number of perfectly innocent individuals were " thrown into prison, and suffered in person, property and character V Who were the Megis- trates, " whose political leanings subjected the whole body of reformers to harrassing procee- " dings?" — And lastly, what "severe laws were passed under colour of which, individuals " very generally esteemed were punished without any form of trial f" The enormities here enumerated could not have been perpetrated without the grossest fraud and tyranny on the part of the Government — the corrupt and guilty co-operation of the Legislature — and the most malignant and wicked participation of the great body of the people. And surely, however great may have been the objections of his Lordship to those different parties — and however strong his sympathy with their political opponents — yet, charged as he was with tho deeply responsible and delicate office of Her Majesty's High Commissioner, the most impor- tant object of which was, if possible, to reconcile conflicting parties, and to restore peace and harmony to the country — remembering also his first promise to the people of these Provinces, that he would discharge his duty " without distinction of party, races, or politics," he surely ought most cautiously to have guarded against falling into any errors of fact, and carefully abstained from uttering sentiments calculated to inflame the public mind, and to raise up new causes for dissension, instead of allaying those that already existed. But Lord Durham has, unfortunately, proved himself insensible to the propriety of this prudent and politic course. For the consequences of his Lordship's acts, no party in this Province is responsible — and it will be the duty, (and your C'>mmittee trust that the patriotism of the people will lead them to perform it) of all parties, to unite in averting the new dangers and difficulties they are likely to produce. It is impossible for any one to meet charges so general as those advanced by Lord Durham, but your Committee may venture to remark, that although it is possible that some innocent individual may have been thrown into prison during the insurrection, and although it is also possible that some such persons may have been subjected to harrassing proceedings, instituted by Magistrates whose political leanings were adverse to them — such occurrences ought not to excite surprise, and assuredly ought not to be made the ground of general condem- nation. It has never yet happened, your Committee believe, that a political insurrection has occurred, in the suppression of which, some innocent persons have not been subject to suspicion, and oftentimes falsely accused, — but that the Government or Magistrates availed themselves of the occasion of the insurrection in this Province, to persecute or disable the m Uh Pari. 2nd Victoria, 1839.] Report on State of the Province. 137 ler, not con- spec t to the ungenerous, so against a represented 1 purposely itely drawn m for their d it by the e the whole uals were ale body of Vlagistrates, sed, under ny form of ad promuJ- )r its publi- p Majesty's 8 so deeply to declare le rebellion ook part in :)uni8hment seemed too, ; of a few ly of their red parties luals were the Mcgis- ng procee- individuals mities here nny on the — and the nd surely, rtie»— and is with the rist impor- ore peace 3 of these r politics," fact, and id, and to ity of this rty in this patriotism IV dangers I Durham, J innocent )ugh it is jceedings, currences 1 condem- 3Ction has ubject to 38 availed isable the whole body of their political opponents, cannot be asserted with any degree of truth— neither do your Committee believe that any person of intelligence and character among the reformers, will be found to say so. Referring to the administration of Justice in this Province, Lord Durham remarks that, " it is true, it appears much better in Upper than in Lower Canada ; Courts of Justice, at least, are brougnt into every man's neighbourhood, by a system of circuits, and there is still some tiitegrity in Juries." Why his Lordship should have permitted this paragraph to appear in his report, is altogether incomprehensible. Your Committee do not believe that any man who had a regard for truth, was to be found in the Province, so reckless as to attempt to throw discredit on the integrity of the learned Judges of Her Majesty's Courts in Upper Canada; and the equivocal terms used in referring to the juriea, are as offensive as they are unjust. Those who are concerned in the administration of justice, desire no praise for doing their duty honestly and conscientiously ; and your Committee believe your honourable House might safely defy the High Commissioner to point out any portion of Her Majesty's dominions, where these duties are performed with greater uprightness, than in this distant colony of the Empire. Your Committee will next advert, as briefly as possible, to that part of Lord Durham's report, in which he endeavours to disparage, and bring discredit upon your honourable House, and directly to impeach the integrity of those loyal and independent men, by whom the majority of the Assembly were chosen. His Lordship states, that " the circumstances under " which they were elected, were such as to render them peculiarly objects of suspicion and *' reproach, to a number of their countrymen." As in the instance of the charges insinuated in that part of the High Commissioner's report which relates to the insurrection, his Lordship adduces no fact in support of allegations, which your Committee are bound to declare have been unjustly made ; — while, on the other hand, evidence which did not depend upon the mere assertion of your honourable House, but which was established and confirmed by documents and facta that defied contradiction, were within his Lordship's reach, and would have prevented him, had he been disposed to consult them, from making the unfounded charges which he has rather chosen to give currency to, that, "in a number of instances, the electioi.d were carried by the unscrupulous exercise of *'the influence of the government, and by a display of violence on the part of the tories, who " were emboldened by the countenance afforded to them by the authorities" — and that " the " tories succeeded in carrying more than one seat by means of the violence of the organized " mob (referring to orangemen) placed at their disposal." It will not he expected that your Committee should go over the evidence which has already been laid before the people of this province and the British nation, repudiating these statements: — there is no necessity fordoing so, as regards the electors of Upper Canada, and Her Majesty will receive every necessary information from the report adopted by your honourable House, at its first session, on the petition of Charles Duncombe, addressed to the House of Commons. It would seem, indeed, from a perusal of his Lordship's report, that he had received and adopted, as true, the state- ments made by this, now, fugitive traitor, wholly disregarding the ample refutation they received in the report referred to. With respect to the degree of confidence that may be reposed in your honoural)le House by your constituents, it becomes not your Committee to speak— but they feel a great satisfaction in knowing, that in whatever light their conduct may be viewed by those to whom they are responsible, and before whom they must soon and are ready to appear, they have endeavoured faithfully to do their duty to their Sovereign and their country, and they are well satisfied that the great bulk of the inhabitants of Upper Canada, of all parties and creeds, will be ready and willing to shield them from unmerited calumny and reproach. Your Committee have not overlooked the apparent injustice done, in permitting the statements made by the High Commissioner, so injurious to your honourable House, to be made public, when their refutation was in the hands of Her Majesty's ministers, but your Committee feel it right to explain that the vviiole report of bis Lordship appears to have ■obtained currency in a most irregular manner, and without the concurrence or sanction of the government. Your Committee will here close their remarks on the various allegations in the report of the High Commissioner, that appeared to them to require particular animadversion. H in the course of their remarks, they have been betrayed into too strong an expression of reproach or i jiii indignant ruiutation, they trust that it will not be ascribed lo a wanton indifference to that courtesy and respectful deference that should mark the proceedings of a public body towards those of high rank and station; and on the other hand they trust that they will not be denied the credit of having forborne to apply animadversions of far greater severity than they have used, to many parts of a report, wiiich they can truly affirm, and which they believe they have clearly proved to be most unjust and unfounded, and which are calculated to have u most mischievous inlluence on ^he future destinies of these colonies. Lord Durham professes to submit to Her Majesty anu the British nation, a true and faith- ful account of the state and condition of this, as well as of the; other British North American provinces, and there is no doubt that it will be promulgated throughout the country, by those who are gratified at nnding their political principles and theories advocated and sustained by His Lordship, that there is nothing in his lieport that admits of contradiction, and that what- ever discredit may be attempted to be cast upon it, must proceed from disappointment or vindictive feelings. In refutation oi this attempt to pervert the truth, if it should be made, your Committee invite the attention of the independent yeomanry and hardy husbandmen of Upper Canada to the following paragraph. Having first described the surpassing prosperity of tne United States, for the purpose of contrasting it with the poverty and inferiority of these colonies. His Lordship proceeds to state : " On the side ci' both the Canadas, and also of New " Brunswick and Nova Scotia, a widely scattered population — poor and apparently unenterpri- ''sing, though hardy and ii.dustrious — separated from each other by Kracts of intervening fo- " rests, without towns and markets, almost without roads, living in mean houses, drawing little " more than a rude subsistence from ill-cultivated land, and seemingly incapable of improving their " condition, present the most instructive contrast, to their enterprising and thriving neighbours " en the American side." Let the farmers of all political parties residing in the districts fronting on the St. Law- rence, the owners of the extensive, beautiful and well-cultivated lands on tha Bay of Q.uint6 — in the district of Newcastle — the Home, Gore, Niagara, London and Western districts, read this degrading account of them, and ask themselves whether they would foel perfectly safe in submitting their future political fate, and that of their children, to the dogmas of a man who has so grossly misstated their character and condition. If Lord Durham, after travelling up and down the River St. Lawrence, and along the Niagara frontier, seeing, as he must have seen, even within this limited neignbour- the enquiry t which ap- y will bring ig the plan provinces. nited under this object may, on the ted into the All the revenues of the provinces, except those arising from lands, to be at the disposal of the Legislature, upon condition of providmg an adequate civil list. The revenues and disposal of the crown lands to be confided to the imperial authority. The independence of thn judges to be secured by giving them the same tenure of office and security of income as exists in England. In the practice of the government, His Lordship advices that no money votes should be allowed without the previous consent of the Crown : and that responsibility to the united Legislature of all officers of the government, except the Governor and his Secretary, should be secured by every means known to the constitution. The Gov. irnor, as Representative of the Crown, to be instructed that he must carry on the government by heads of departments, in whom the united Legislature shall repose confi- dence ; and that he must look for no support from home in any contest with the Legislature, except on points involving strictly imperial interests. And these several changes, His Lordship recommends should be forthwith made, and without any previous communication with this or the other province. If it were properly within the instruction of your Committee to discuss the several pro- positions of His Lordship for the future government of Her Majesty's subjects in Canada, they would feel themselves in a great degree relieved from doing so. The two points of most importance, viz : the legislative union of the provinces, anil the responsibility of the officers of government to the legislature, have already undergone the most careful investigation, and received the deliberate judgment of your Honourable House. The ^rat has, under certain specified conditions, been assented f.o — the second has been pronounced incon.'tistent with the dependence of these provinces, as colonies, upon the mother country. If, in disregard of vour recorded opinions, these two measures should be proposed to, and receive the concur- rence of Her Majesty and the Imperial ParUament, it would be of little consequence to attempt to resist, or even to discuss, the other suggestions, which, whether they be objection- able or not, are comparatively of minor importance. Your Committee, however, are not willing to believe that the great nation to which these provinces belong, and which has hitherto extended to them its powerful — its parental protec- tion, will hastily, and without the most full and ample information, adopt the opinions and act upon the recommendations of any individual, however high his rank or great his talents, that involve the future destinies of Her Majesty's faithful subjects in these provinces. Your Committee, however, are well convinced, that some great change is about to take place in the system of government in Upper and Lower Canada, but they do not believe that It will involve anv departure from the principles of the British Constitution, so far as they can be made applicable to a Colony. Your Committee submit with their report, the draft of an address to Her Majesty, which they beg to recommend to the adoption of your honourable House. All which is respectfully submitted. C. A. HAGERMAN, JOHN PRINCE, HENRY SHERWOOD, JOHN A. H. POWELL, W. B. ROBINSON, W. CHISflOLM, R. ROLLO HUNTER. Committee Room, Commons' House op Assemblv, the 30th day of April, 1839. aranteed. the clauses 140 Report on State of the Province. [4th Sess. 13th Pari. (Draft of an AddretM to Her Mi^mty.) •to the QUEEN'S MOST EXCELLENT MAJESTY. ' Most Gracious Sovereic^; : We, your Majesty's dutiful and loyal subjects, the Commons of Upper Canada, in Provincial Parliament assembled, beg permission respectfully to approach Your Majesty, with the renewed assurance of our continued loyalty, attachment and devotion, to your Majesty's person and government. We bee to express to your Mojesty, our most grateful sense of the support and protection which your Majesty has been graciously pleased to extend to your loyal and faithful subjects, against the unprovoked invasions of both the Provinces of Canada, on tho part of the people of the ncigbbourinc; nation. To that protection, and to the wisdom and foresight of our rulers, aided by the never-failing loyalty and gallantry of your Majesty's subjects, we are, under Divine Providence, indebted for the maintenance of our laws and liberties, and the preservation of our lives and properties, from the vindictive and wicked assaults of a depraved and savage banditti. • The vast expense incurred by the British nation, in maintaining the fleets and armies of your Mtyesty, sent for our support, is cause of deep and serious concern to Your Majesty's faithful subjects : nor can they cease to express their grateful acknowledgments for the noble generosity thus evinced. It however, is a source of no small gratification to us, to have it in our power to say, that in Upper Canada, at least, this burthen has not been thrown upon the Parent State, from any necessity to maintain internal tranquillity, but merely to shield us from the attacks of a people vith whom we are professedly at peace — but who, nevertheless, are waging open war against the Crown and subjects of Your Majesty. There is but too much reason to apprehend, that should Your Majesty withdraw your forces from this country, at the present moment, renewed invasions, and on a more extended scale than any that have hitherto occurred, would be speedily experience '1. It is not for Your Majesty's subjects in these colonies, to point out to Your Majesty the means that should be adopted to put an end to these outrages; but as the representotives of the people of Upper Canada, we venture humbly, but confidently, to declare, that these outrages never will cease, until Your Majesty shall have announced to the government of the United States, that Your Majesty holds it responsible for the conspiracies and invasions, formed and conducted by the citizens of the republic, to overthrow Your Majesty's government on this continent, and to murder and destroy Your Majesty's subjects, for no other reason than that they are loyal and faithful to their Sovereign's person and government. We beg permission, further, most respectfully and earnestly, to draw Your Majesty's attention to the rightful claim of your subjects to indemnity for the destruction of the "Sir Robert Peel" steamboat, while lying in the waters of the United States, in the peaceful pursuit of its ordinary business. This outrage, no less insulting to the British nation, than injurious to the individuals who have suffered from it by the loss of their properly, has never been in any way atoned for, and the consequences to the owners of the vessel, are of the most ruinous kind. We therefore implore Your Majesty to take such steps, for the relief of Your Majesty's injured subjects, as you may in your wisdom think right. Neither do we imagine, that when Your Majesty shall have determined on the course proper for Your Majesty to pursue in reference to this particular case, that Your Majesty will overlook the claims which all Your Majesty's subjects, in both the provinces, have for indemnity for the many and great injuries of a similar nature, inflicted on them by a foreign nation, and for which, unless reparation be in some way made, and security given for their future peace, consequences of the most painful character, and which it is feared cannot be prevented, may result from future collisions. Since the commencement of the present Session of the Provincial Parliament, the final report of Your Majesty's High Commissioner, on the affairs of British North America, has been received in this country. In ', report. Your Majesty's faithful subjects find many statements deeply affecting the social : political relations and condition of Upper and Lower Canada, and recommendations of several important changes in the form and practice of the constitution. It is with much concern that Your Majesty's faithful subjects find that Your h Pari. 2nd Victoria, 1839.] Report on State of the Province. 141 r. ir Canada, r Majesty, I, to your frotection subjects, the people (ht of our we are, 8, and the depraved armips of Majesty's the noble have it in 1 upon the Id us from leless, are MiHesty'i High CommissioiMr has strongly urged the adoption of these changes by Your Miyesty and tho Imperial Parliament, without waitingj for the opinion that may bo formed of them by the people, who are to bo most deeply and immediately alFoctod by them. Under these circumstances, we have caused a report to be drawn un, by a select Committee of the House of Assembly, which contains matter referring to this subject, as well as to our relations with the people of the United States, which wo respectfully submit for Your Majesty's consider- ation : — and, in tho fullest confidence that Your Majesty and the Imperial rarhamont, con- tinuing to act on those lioblo principles of justice and patriotism that havo hitherto been mani- fested towards this portion of tho Britiuh empire, will discountenance and disallow every measure, that, in tho most remote degree, has a tendency to weaken tho ties which now unite tho North American colonies of Your Majesty to Your Mojesty'a Crown and Government;— wo commit ourselves to that superintending power, to which, as loyal people \vc owe implicit obedience. Whatever measures your Majesty may bo pleased to approve and recommend to your Imperial Purliament, wo earnestly implore your Majesty's especial attention to tho financial diihculties that have occurred to arrest tho progress and completion of tho great public works in which this province has been engaged. These dilFicuIties, we venture to assure your Majesty, do not arise from any fault of the government and legislature of Upper Canada, but entirely from causes produced by enactments of the British Parliament — by tho dissensions in Lower Canada, and the unwillingness of that province to aid in accomplishing undertakings, that are calculated to bring to both colonies great and equal benefits. 1 he remedy for the embarrass- ments, to which we refer, rests ontirel/ with your Majesty and your Majesty's Imperial Legis- lature : — and we rejoice that it rests in such tiands, well convinced that whatever measure of relief can be accorded to us, will be generously and freely granted. iraw your extended is not for hat should 3 of Upper will cease, that Your ted by the (It, and to loval and Majesty's the "Sir ful pursuit I injurious r been in )st ruinous Mojesty'a that when pursue in all Your It injuries iration be )st painful ions. t, the final erica, has find many nd Lower lice of the [hat Your