IMAGE EVALUATION TEST TARGET (MT-3) // •«? // ^, (moaning "CON- TINUED"), or tha symbol y (moaning "END"), whichavar applies. IMapa, piatea, charta, etc.. may be filmed at different reduction ratioa. Thoae too large to be entirely included in one expoaura are filmed beginning in the upper left hand comer, left to right and top to bottom, aa many frames aa required. The following diagrama iliuatrata the method: Lea imagee auh/antea ont it* reproduitea avec ie plua grand aoln, compta tenu de ia condition at da la netteti de i'exemplaira film*, et en conformit* avec lee conditiona du contrat de filmaga. Lea axemplalree orlgineux dont ia couverture en papier eat imprimie sent fiimte en commen^ant par ia premier plat at en terminant soit par ia darnlAre paga qui comporte une emprelnte d'impreaaion ou d'iiiustratlon. soit par la second plat, salon ie caa. Tous lea autres exemplaires orlgineux sont filmis en commenpant par la pramlAre page qui comporte une emprelnte d'impreaaion ou dlllustratlon at en terminant par ia darnlAre pege qui comporte une telle emprelnte. Un dee aymbolea suivanta apparattra sur la damlAre image de cheque microfiche, selon Ie cas: ie symbols — *> signifie "A SUIVRE", ie symbols y signifie "FIN". Lee cartee, planchea, tableaux, etc., peuvent *tre fllmte A dee taux de reduction diffirents. Lorsque ie document est trop grand pour Atra reprodult en un seul ciichA, ii est film* A partir de i'angle aupirieur gauche, de gauche A droite, et de haut en baa, an prenant Ie nombre d'imeges nicessaira. Las diagrammea suivanta illuatrant la mithode. 1 * t • 1 2 9 4 5 6 vlN THE FORTHCOMING UNION OF THE TWO CANADAS, AODRGSSED TO Y THE CANADIAN PUBLIC AND THEIR REPRESENTATIVES, IN THE HONOURABLE LEGISLATURE or UNITED CANADA. No. m OF THE CONSIDERATIONS OF THE CANADAS. BY HENRY TAYLOR. ittonticeait PRINTED BY JOHN LOVELL, ' ST. NICHOLAS STREET. I U If O 4 • auL^ o*n 1841. *» :/ V '■.( ^: ^ jj^,j,,\M>:| -i i ' 4: J , if' <,-*k n * • '<--;.» ^ ? ':,V j 'UTi^. -f 1 , '>-» .. ON THE F O R T H O M I N G U iN I N OF THE TWO CANADA S, In a previous uumbcr of this work, I have given a chapter on the Union of the Canadas. In the commencement of that chapter, 1 considered the question of the re-estabHshment of the former Government of this Province of 1791, and came to the conclusion that, " Porta natelY? the British constitution possesses the power of adapting itself to, and of overcoming every dilemma. By the genorous natuje of its character, by the ardent spirit of freedom which animates, and by the sagacity and vigilance whereby it provides for the true liberty of the subject, it is indeed admirably calculated to excite and secure the strong attachment of every man, sufficiently acqtiainted vvilh its hislor}% But its excellence is not bounded by this quality of excit'rng attachment. Like the parent who has the deepest feeling for the welfare of his chil- dren, caresses them when they do well, but restrains them from ill, by proper punishment, so the British constitution can command and ensure a just obedience to the laws of its councils. Thus, if it has appeared by the experience of past years, that the majority of the population of Lower Canada, from what ever cause, either of want of sufficient education and a consequent liability to be deceived and deluded by artful or disloyal men ; or from a dor- mant principle of national hostilily, revived by the aforesaid causes, if by those means, this majority have not only shown themselves to be incapable of appcciating and enjoying the constitution bestowed on tlicm,but arc al»o preventing the l«)yal uiiJ luoic intelligent pa ft of this province from so doing ; it then becomes the duty of the national councils of Great Britain to adopt such change in the for- mer Constitution of the province as shall remedy this evil." I proceeded to enquire : " What then is the change by which tliis end may be accom- ])lisheil ? The jirent cn'i«(» of tlie difficulties, and disturbances, has been Ji)c oytublisiimerit uftho Civil l-idt. Lot tiu rcJore, ihijr \hi be "heaci-fonvard lippoiiilcd, enacted, and declf;rod by tuc lmi.icrial rarliumeiit. In its moderatjon and justice the inliabitanl.'? ol the province may so<;uruly conlide.'' The prjiici])le of this suggest ioii has been ad- opted ill the Uiiioii Biil, a cony oi' which is given ill this number, 1 proceeded to say : •'' But there are several reasons for believing that, (altliough the above unportant change, the appointing the civil list by parliament should take place), that the Legislative conduct of the provincial affairs depending on the Houses of Assembly, will not come up to the expectations of the more intelligent and commercial part of the province, such are the appointment of Register Offices to secure good titles to the purchasers of landed property, and the salutary changes required in the tenure of it. So ignorant indeed have the Houses of Assembly shewn themselves of the usages of trade that they would not even allow the duties to be drawn back on goods re-ex- ported, and I have myself suffered by their conduct in this par- ticular. Notwithstanding, therefore, that it is possible a future House of Assembly might take advantage of the experience of the past, to conduct themselves in a more friendly way to the interests of the government, yet, until the advantages of education are more dif- fused through the province, and especially among the French Canadian eonstituenc)', there is little hope of the great commercial interests, being properly advanced by future Houses of Assembly, and we shall terminate tliis subject with observing, that both the past and present state of this province, loudly call for a more effi- cient representation to ameliorate and render pros^perous its future condition." In the commencement of my Considerations on the plan of union, I observed that it was said many of tne leading French Canadians were ad- d to alter the appor- liojnni'iit oi" the i!uni!)ei of representatives to be choijcn in and for tho^t; j>ait.s of the Province of 8 Caiiaila, which now constitute the said Provinces ol' Upper and Lower Canada respectively, and in and tor the rural districts, counties, ridings and towns in the same, and to alter and regulate the appointment of returning officers, &c. &c." Thus, after all the premature outcry against the respective number of representatives for each province, it is left to the majority of the Legisla- ture of the Province to remodel this question them- selves. We will now endeavour to come to a just con- clusion on the question we have proposed to discuss, namely, how far the Act of Union is competent, or likely to carry out the principle we have assumed of Constitutional Representa- tion. By this term I understand, the return of a majority of Members willing to adhere to the principles of the British Constitution, as far as they are conferred on this Colony : and to render our meaning on this point perfectly explicit, I transcribe our idea on the subject from page 51 of the first number of this work ; " But the fact is, the scale of representation, under the past and present condition of the Province, would have to be brought down ejcadly to the point, which wouM serve to produce a thorough Constitutional Parliament. Tilings must actually be managed in such a manner, in the formation of a scale of representation for a United Parliament, that no doubt whatever shall exist on this subject. ^^ If we may judge from the writings, speeches, and declared intentions of the present leading men among the French Canadians, they all disap- *»• ™ prove of the number of repiesentatives appor- lioDcd by the Union Bill for Lower Canada. The probability is therefore, they will seek to increase that number, by exerting; the right which the 26th clause of the Act gives them. Supposing all the Canadian Members to be agreed on this question, except the Members for some of the Towns and the Townships, say ten in number, it will leave thirty-two Members for the Lower Province, seeking for an increased number of Jlepresen- tatives for it. They will then require twenty- four Members among the Upper Canadian Representatives to make up the number required by the 26th clause of the Bill, namely, two thirds of the whole number of Representatives in the United Assembly, being fifty-six Members. We must now, in order to see whether it be likely they will get these twenty-four Members, endeavour to find out the number of Radical Members likely to be returned for the Upper Province. The late unjustifiable, and therefore unreasona- ble rebellion in that Province, had been put down by as decided a proof of general loyalty of the people as was perhaps ever exhibited in any country. Its political atmosphere, freed from the foul and turbulent vapours which had contaminated its elements, became suddenly calm, quiet, and serene. The greatest part of the population were astounded at the late events. That, in a I'rovincc which had for the B iir it; |i 'ii 'i 10 last thirty or forty years advanced more rapidly in settlement an J prosperity than perhaps any other, with a lower degree of taxation, than even that of the adjoining States ; that there rebellion should suddenly break out, and be as suddenly put down, was indeed sufficient to astound all reason- able men. And I verilv believe,that such was the satisfaction of the great majority of the population at the over- throw of that rebellion, that a long season of politi- cal quiet would have been the result; had not the ideas on the question of responsible Govern- ment been called again into agitation by the Re- port of the late Earl of Durham. However great a statesman, this high character may have shewn himself in Europe, it is certain^ he missed his mark in these Provinces ; by applying the princi- ple of responsibility to a Colony, as it exists in the Parent State. Had his Lordship remained here years sufficient to have become thoroughly ac- quainted with this country, he would have seen the error of rendering the Executive Government dependent on the House of Assembly, and the total impossibility of such a Government being able to act with that decision and energy which the most important interests, and the state of the country might require for the security of its internal peace, and perhaps of its adhesion to the Parent State. Even under the present mode of Govern- ment, party spirit and private views have had too much share in public affairs ; what tliey would be, 11 if the virtual disposal of place and preferment were in the power of the Representative Branch may be easily foreseen. In fact, I doubt much if any Governor of independent spirit, would accept of the Government on such conditions ; the conse- quence would be, we should have Governors who are not of independent spirit. The degradation of the country, the continued warfare of parties, and the consequent want of union and zeal to pro- mote the great and permanent interests of the Province would be the result. And yet responsibility. Constitutional respon- sibilit}', is desirable. Although we deprecate the system of rendering the Government of the Province dependent on the House of Assembly by responsibility, let it not be considered we are opposed to the principle. On the contrary we trust to present to public view a system of responsible Government, which is in perfect ac- cordance with the established Constitution of the Provinces, which shall avoid the practical bad effects of responsibility to the Houses of Assembly alone, and which will probably tend to strengthen the bonds of union of these Colonies with the Pa- rent State, and I shall here beg leave of the reader to present him with an extract from a small work published in Quebec a few months since, contain- ing a conversation the author had with a French Canadian gentleman, on the subject of responsi- ble Government. This little work is entitled a ^ 1 ; -i ' n U ■ I ■ t , til 12 " Journal of a Tour iVoni Montreal through Ihe Eastern Townships," page 9. "But he, the Canadian gentleman, was of opinion that great changes must be made in the future Government of the Province, or there w^ould be seriouti limes; not, he said that the Canadians would revolt, but they would not be satisfied without a Government responsible to the people, which he added, it ought to be. I said that was true, but it was not to the people of Canada alone, but to the people of the Empire, and thai through the channel of the Im- perial Parliament which is the Constitutional Court for that res- ponsibility appointed by the British Nation for herself and her Colonies. I added that every Governor was responsible to the peo- ple in this sense, through the means of the Imperial Parliament to whom the people of the Colonies could apply in the case of any important occasion ansing to render this application and complaint necessary ; which indeed should only be resorted to on very urgent and important necessity ; for instance, in case of great miscon- duct of the Governor and his Council ; and the conviction in consequence, of a great majority of the people of the Province that he should be recalled.'' The Ministry of the Empire is appointed by the Crown, but unless their measures are ap- proved of by the majority of the Members of the House of Commons, they cannot keep their places as Ministers. They are thus responsible to the House of Commons for every part of their conduct in every Colony of the Empire. In order to ena- ble them to perform their duties in every Colony, the Sovereign, therefore, deputes a representative of itself to each. But at the same time that he becomes the representative of the Sovereign, he also becomes a Branch of the British Ministry, and as the parent tree is responsible to the Imperial Parliament for its conduct, so are the branches, also. If the people of a Colony by their IS representatives were to assume the right of decid- ing, themselves alone,on the conduct of that branch of the Ministry or the Governor who is deputed over them ; I conceive they would be assuming a right which belongs to the collective authority of the entire British nation ; which right is trans- ferred by it to its representatives in the Imperial Parliament. The evils to the Province that would arise, if such a power were placed in the House of Assem- bly, I have above endeavoured to explain. Those who have resided for any number of years in the Colonies have seen enough of the interested views and conduct of parties in the Colonial Poli- tical Arena, to allow them to have any doubts on the subject. The accession of this power of making the Governors and Executive responsible to the House of Assembly would not only occasion an unceasing strife of parties, probably of the most virulent description ; but it would actually transfer all the power, which ought of right to ex- ist in the Government to themselves and their de- pendents. This, in a Colony of a powerful empire, and especially a Colony relatively situated as we are to a neighbouring Republic, is not to be ex- pected. But indeed a power of responsibility has been given to the Province, more safe and of less evil consequence than intrusting that power to its representatives only. The people of every Colo- ny have at this moment, the power of calling the 14 m I Governor to account by the right of the subject in every part of the British Dominions, to petition the Throne or the Imperial Parliament. We have even seen Governors recalled upon slight indica- tions of unpopularity , and when in the opinion of well infjprmed men, their continuance in office would have been serviceable to the country. That the bulk of the people of the Provinces would not, if left to their own uncontrolled feelings, ex- ert this right without good reason, I think, is high- ly probable, and coming from them, it is, I think, much more less likely to arise from party spirit than if emanating from Houses of Assembly. But the representatives of the people of the Province or Houses of Assembly, have also this power of memorializing the Crown or the Imperial Parlia- ment in case of mis-government of the Colony. The most august tribunal of the Empire is equally open to them, as to the people of the Colonies, and we cannot have a doubt that this Constitution- al means of redress is best calculated to remedy all real grievances, and to do ample justice to all the parties concerned. That tribunal would no doubt give due consideration to the degree of intel- ligence of the petitioners on this important sub- ject. The British Government and Parliament certainly have a wish to promote the real welfare of the Provinces ; they have evinced that wish in repeated instances, and I have not a doubt, that their future conduct will be guided by the same reasonable principles. 15 Such tlie?^ are my ideas upon the Uesponsible Government, which can be applied to the Colo- nies. I should be happy that the soHdity of them should be allowed, on their cool and dispassionate consideration, by those who have hitherto advo- cated the making the Executive Government res- ponsible to the Houses of Assembly. It wonid probably save them a great deal of useless exer- tion to obtain the same ; but seeing as I have seen the propensity of mankind to persist in the politi- cal ideas they have once embraced, I confess to expect that those who have taken up these opinions on Responsible Government, will not abandon them without further efForts. It is by this opinion we shall decide on the pre- vious question of page 9, namely : Wiiat number of Radical Members are likely to be returned for the Upper Province? The number of such JM em- bers in the last and previous sessions of this Parlia- ment could not,I think,havebeen more than twelve. The change of the public opinions of the Province, which produced the rejection of so many of what was called the Reform Parliament, arose, in my opinion, chiefly from the public idea, that, instead of endeavouring to effect reform, their time was mostly employed in fruitless disputes with the Government ; and also, that a main obj-ect they had in view, was to monopolize places and jjefer- ments for themselves and their dependents. The cause we have mentioned above, namel}', the Re- port of Earl Durham, had effected, I believe, a r ;| i J i: 1^ considerable degree of excitement in the Province, and from its captivating style and arguments, may have procured numerous admirers and sup- porters. It is said, however, that the Earl, since his return to England, fnid so greatly modified his ideas on practical Responsible Government in these Colonies, as to effect a very considerable change from those of his Report. The present Governor in Chief has certainly rendered himself very popular in the Upper Province by his public conduct there, but chiefly, I believe, by the con- viction that all loyal men who wish for its advance- ment have, that he is not only able, but zealously willing to promote that advancement. That this may modify the opposition to his Government is probable ; still the remnant of the Radical party must be considerable in some parts of that Pro- vince, and when we advert to the tenacity of political opinions once imbibed, however, unlike- ly to be realized, we cannot but believe that that party will appear in the United Assembly in increased numbers. They will there meet with the greatest part of the Members for the Lower Province, seeking an increase of the number of its Representatives, and probably willing to join the Members of the Upper Province, in their views of Responsible Government. This again, may induce that party, to unite with the French Cana- dian Members, in endeavouring to obtain that ex- tension of numbers. If the party can give them twenty-two, ab above stated, they will then have 17 the majority required by the 26th clause of tbC; Union Bill, and as far as the power of the House of Assembly goes, can efTex^t their purpose. Thus a system of persistance-^< efforts to effect mea- sures which probably wilfrbe resisted by the other branch of the Legislature may produce a collision between them ; and instead of all parties uniting to heal the wounds of the Provinces and advance the public welfare in its principal branches, we may unfortunately find these desirable events frustrated by the spirit of party. - ! i:u Having thus finished our enquiry into the na- ture of the Bill of Union, now become the Law of the Land, and having considered how far this Act of Union is likely to carry out the principles men- tioned in page 8, namely, to produce the return of a ** truly Constitutional Parliament or House of Assembly," we cannot but come to the conclusion that the effect of the Bill of Union to produce this desirable end, is at least doubtful and uncertain, whereas, the principle we have stated as the scale of representation which past events and the present state of the Province would have warrant- ed was, '* that no doubt whatever should have been allowed to exist on this subject." Yet, notwithstanding the probability, that the Bill of Union is likely, by the generous provision of the 26th clause, to give the anti-union party a considerable advantage ; they appear yet bent on opposing this union, and we now proceed to in- c w l^^ I quire into the arguments brought forward in oppo- sition to it. The first we shall consider is the number of Representatives appointed to represent Lower Canada, relatively to the Upper Province. ' The foundation on which this argument rests, is the estimated excess of population in this Province. This population is, I believe, now considered to be 600,000. The population of the Upper Province is allowed to be 400,000; but by some late accounts which I have seen from the Upper Province, that population is estimated at 500,000; wc shall, therefore, take our estimate at 450,000. Now, in forming a permanent scale for the representation of two Countries, it is certainly incumbent to have some reference to their future comparative state of population, as well as to their present. With- out this reference, it is evident, that if one of these Countries be acquiring every year a greater pro- portionate increase of population than the other, that Country would in a few years have a less number of Representatives than her due propor- tion. Looking forward, therefore, to the first period at which the two Provinces may double their respective populations by natural increase, and considering also, the increase from immigra- tion during this period ; we consider the popula- tion of each at the end of that period of twenty- five years will be as follows : 19 LOWER CANADA. — 1840. Present population, . . 600,000 In twenty-five years, double, . 2 1,200,000 The number of Emigrants settling in this Pro- vince is considered to be far over-balanced by the Canadians leaving it for the States. UPPER CANADA. — 1840. Present population, . . . 450,000 Emigration to that Province last year, most of which are said to have remained mere, ...... In twenty-five years, double, 20,000 470,000 2 940,000 Allowing Immigration for twenty years out of the twenty-five years, at 20,000 per year, . . . . . 400,000 Population of Upper Canada in twen- ty-five years from 1 84 1 , . . 1 ,340,000 Add increase of the 400,000 Emigrants in the twenty-five years, . . 15,000 1,355,000 Brought down population of Lower Canada, in twenty-five years from 1840, 1,200,000 Excess of population of Upper Ca- nada over Lower Canada in twenty-five years from 1840, .... 155,000 ? I f III so The natural increase of that Emigrant popula- tion will, in the subsequent twenty-five years, amount to near 380,000. When we consider the great annually redundant population in the old Countries — England, Ireland and Scotland, and the number of influential people who are promoting Immigration to Canada, as well as the active co-operation of Upper Canada for the same purpose, it is very probable the above estimate will not be found far from the mark. Among the leaders of this opposition to this Bill of the Union of the two Provinces stands con- spicuous the editor of the Quebec Gazette. He has constantly declaimed at what he consi- ders the injustice of equalizing the number of Re- presentatives for both Provinces, while the popu- lation of one so far outnumbers the other ; and one would really imagine that, while he is writing on the subject, he entirely forgets there has been any such thing as two insurrections in that more populous Province. He may, perhaps, conceive this important consideration to be got over, by the circumstance of insurrection having also taken place in the Upper Province ; but by whom was that insurrection of the Upper Province put down? By the Militia of that Province — by the people of that Province, and by that people and Militia only, not one of the Military, that I know of, employed in it. The case of the two Provinces in this res- pect then, is certainly very different. Many, and various, indeed, have been the opinions of men well acquainted with this Country as to the inten- tions of that part of the French Canadian popula- tion who did not take part in these insurrections. Some have expressed opinions that, but for the events of the affair of St. Charles, the case would have been different. On this subject it is useless now to expatiate ; but of this, I feel certain, that if the entire mass of our French Canadian population had not been ex- cited and instigated by ill informed, or designing and ambitious men ; had this population been suf- fered to think and act from their own natural feel- ings, as to any cause of complaint against the Government, there would have been no insurrec- tion whatever. The case as to excitement has been otherwise. Never, even in Countries where the greatest wretchedness and want too often prevail ; has excitement been more practiced than on the comparatively well off, and peacably inclined rural population of Lower Canada. These efforts have, indeed, succeeded, but too well. They have at last brought the state of the public mind, of that population, to a doubtful and uncertain character ; so much so, that they had no right to expect the same degree of political power, as formerly would be for the present intrusted to them by the Imperial Parliament. We trust to have shewn, that even if these la- mented events, if the warning of two suppressed rebellions had been entirely obliterated from the memories of the British Government ; still the 22 Lower Province could not reasonably expect, that in forming a scale of United Representation, the great probability of the population of the Up- per Province outnumbering that of the Lower in a few years, should not be taken into the estimate. There are besides this, two important considera- tions which of right demand attention in the for- mation of a scale of representation. The first is the relative value of cultivable lands in both Pro- vinces, as constituting the amount of property. The value of lands in the Lower Province must be deteriorating. The chief article of Agricultural Produce, wheat, which constituted a great part of their value in former years, has been falling off* in the quantity of its yield for years past, and many of the farmers have now ceased to sow it. The lands of the Upper Province, on the contrary, seldom give less than twenty to thirt}'^ bushels of wheat per acre. At this rate the value of landed property in Upper Canada will likely outstrip the Lower in this point, as in that of population. The other consideration referred to, is that of intelli- gence. This is a quality of the mind, which of all others perhaps, has the fairest claim to influ- ence in the representation of free governments. The bulk of the Canadian population of Lower Canada, may be possessed of understanding suffi- ciently good to manage their own domestic con- cerns, but no one can consider them competent to decide on measures calculated to advance the ge- neral Interests of the Province, and the relation of those interests with those of the Parent State, and the security of the Government of the country. Before they will be competent to do so, a system of education must be far more generally diffused through the country than it is, and will require a long period of years to produce its effect. At present, there are no adequate means by which the bulk of the Canadian habitants can acquire that information on the public affairs of the Province ; and her political relations, which is required to enable them to judge rightly on the subject. Some French Canadian papers, it is true, are circulated in the small towns and villages of the Province, yet, being mostly all on one side of the question, the rural population has no opportunity of hear- ing the arguments on the other side. The proof of this assertion is found in the ca- lamitous distresses which a great part of the Canadian Population were subjected to during the late rebellions, and into which they were drawn by the folly of their leaders, aided by the French political prints attached to them. It has been said, indeed, that a people never becomes wise by experience, an idea which I hold contrary to the nature of men and things, and which I trust will be refuted by the future conduct of the French Ca- nadians. I trust that the remembrance of the de- plorable situation into which many of them were drawn by their leaders, so recently, will teach them to distrust their sagacity in future. In Upper Canada, on the contrary, the art and 24 4 I Hi' 1 % the practice of reading among the farming popula- tion, is far more general. Public papers on all sides of the question are circulated in most parts of the country. Those on each side of the question have the means of stating and supporting the opinions they espouse, and it is by this discussion in society of public affairs, that the well informed and well disposed, may remove false ideas propagated by narrow- sighted or designing men. Intelligence, therefore, (by which I understand, not only a knowledge of the local and peculiar wants and interests of a province, but the bearing also, of these interests on the nation of which that Province forms a part, and on foreign coun- tries also.) Intelligence of this description has, I say, a claim to an adequate representation in the Legislature of the Province, because the public tranquility and prosperity in all its branches, are the more likely to be advanced and promoted in the ratio of the quantity and influence of this intel- ligence. And having now considered the question of the relative number of Representatives for each Pro- vince under the idea that no rebellion or insurrec- tion had taken place, we shall proceed to enquire what sort of a representation the Province of Lower Canada had a right to expect in the real state of the case, namely, just after two rebellions or insurrections had been suppressed ! And I would here ask the editor of the Quebec Gazette^ i 25 if he is acquainted with the history of any country, in which a recent rebellion had been subdued, and in which the liberties or rights of the people were not on such an occasion, abridged and restricted by the ruling power ? As the most recent instance of this, I take the Kingdom of France. Even a very few years after Charles, their late king, had been banished from his throne by the general in- dignation and successful revolt of the people ; we find, that when the subsequent insurrections of Lyons and Paris were put down by the reigning king, the former liberties of the people were im- mediatetely curtailed. The press has been, I be- lieve subject to greater control, the right of the people to assemble for the discussion of political questions has been refused and prevented, unless under the permission of the magistracy ; the trial by jury for political offences abolished, and these offences made cognizable and decisive by the Chamber of Peers only. In No. 1, chap. 2d of the Considerations on the Canadas, 1 stated that *' I should not myself be surprised to find a much larger number of Consti- tutional Members chosen to sit in the first United Assembly, for this plain reason, that the experience of the past must have proved to them, (the French Canadians), that a repetition of the same conduct could do no good, and that having already run a risk of losing the political power they had, a con- tinuance of the same system must in the end de- prive them of it in toto" 1) 20. 1 4. ' And, indeed, in the Canadian petition to tlie British Government, or to Her Majesty the Queen, to restore the former Constitution of the Province, we find a species of acknowledgement, the exact words of which I do not remember, but the substance was, that the past " errors would produce better conduct for the future." Now, when the son of a good father has com- mitted a great fault it is natural he should promise better conduct, but the prudent father will proba- bly wait till time proves the performance of it be- fore he restores him to his former favour. But to return to the editor of the Quebec Gazette, who seems to be the herald or oracle of t'le Anti- Unionists, and who, I presume, had some share in the very promise above mentioned ; I must say I see little indications of its fulfilment in the line of conduct advocated in that paper. He must have seen the total impossibility of the British Government's resorting to the former Constitution at the present time, immediately after two rebellions, against its laws, had taken place ; he must be aware that that Government would have been even warranted by these events, in re- sorting to the ancient Government of the Province, by a Governor and Council for at least several years ; yet when from a desire to give the Pro- vince, even immediately after these events the pri- vilege of a representative form, the Imperial Par- liament determined on uniting the two Provinces ; this editor without waiting patiently to see the bad >27 or good effects of this measure, rashly advocates, the seeking of an immediate repeal. It is^difficuU to conceive that the solbf circumstance of the allot- ment of a lesser number of representatives for the Lower Province than the anti-Unionists consider she is entitled to, can be sufficient to justify in the eye of reason any such attempt to thwart the efforts of Government to settle the affairs of the C^nadas. By the provisions of the Bill, Lower Canada is to send an equal number to the House of Representatives as Upper Canada. No vote nor resolution therefore, which should directly militate against its rights and special interests, is likely to be carried there. But these rights and interests will have to undergo discussion, and it may perhaps thereby be discovered, that those rights and interests may be best promoted by a complete Union of those of the Lower with those of the Upper. As the case stands then, this is cer- tainly worthy of a fair trial. We trust to have now shewn there are no reasonable grounds in this argument for thus obstructing these efforts of the Government, to bring the difliculties of the Provin- ces into a train of adjustment. We shall now therefore proceed to consider the other arguments adduced by the Anti-Unionists, and first on the assumption into the united funds of both Provinces of the debts contracted by the Upper Province, in as far as the Improvements effected may be found to embrace also, and to promote the interests of both Provinces. V 28 We wish to premise that by no means do vre consider that Upper Canada has acted wisely in her late improvements on the St. Lawrence. We conceive she would have shewn more wisdom, if at the time the Rideau Canal was forming by the British Government, she had made proposals to join it in forming at once a ship Canal or convey- ance, from Kingston to Montreal. By this means it is probable she would have saved a great part of the outlay she has since incurred, and obtained a most valuable and direct transit for her sur- plus produce in her own vessels, to the ocean. In reference to the measures she has adopted in en- deavouring to effect that transit by the St. Law- rence Canal, she might have acted more pru- dently if she had restrained her outlay more within her income, as respects her means of pay- ing the interest on monies borrowed. This pru- dent conduct would have probably enabled her to complete her improvements in less t^me than by a contrary conduct she can now do, or she might whilst her credit and finances were in good order, have probably borrowed the entire sum required to finish her part of the Canal out and out ; she might have then called on the Lower Province to complete her share, down to Montreal. And, as even Papineau declared in the House of Assem- bly, that they were ready to meet the Upper Pro- vince in -any scale respecting the completion of this improvement, there is not a doubt the Lower Province would have responded to the call. 2Q Previous to entering on the consideration of these arguments or supposed grievance, Ve shall take a review of the present state of the finances and resources of Upper Canada, which we con- ceive to be but little understood by some in this Province ; and that this misunderstanding of these resources and capabiHties has led them to the mistaken idea, that as Upper Canada has been of late in the back ground respecting these finances, she is always to remain so, and we hope to prove, not only that this will not be the case ; but that Lower Canada will in a few years find, that her union with the Upper Province will prove a fruit- ful cause of advancement in her own Agriculture, her Commerce and her general prosperity and welfare. We now proceed to give an abstract from the report of the Committee of finance of Upper Ca- nada for 1840, appointed by the Honourable House of Assembly of that Province. < > 30 Abstract Jrom the Report of the Committee of Finances of Upper Canada^ for 1840. MEMBERS OF THE COMMITTEE. Charles Bockus, Esq. Chairman ; William Ham- ilton JVIerritt, James Morris, David Thorbiim, Thomas M*Kay, George Rykerl, Colin C. Feme, W. B. Robinson, John Marks Esq. To the Honourable the Commons House of Assembly. The standing Committee of finance beg leave to make the following report. In calling the attention of your Honourable House to the pubHc accounts, they will refer to them in the numerical order in which they are transmitted. No. 1 is a statement of revenue arising from duties collected at the ports of Lower Canada, for the half year ending 31st July last, 1839, in which Upper Canada participates. No. 2 is a statement arising from revenue, aris- ing from duties on Imports from the United States from the 1st January, to the 30th September, 1839. No. 3 and 4 are statements of revenue arising from licences issued to Hawkers and Pedlars and to Auctioneers, and on sal'^s i;„ auction, from the 1st January, to the 30th September 1839. No. 7 is a statement of revenue arising from oj 31 licenses issued by the Inspectors of Districts, from the 5th January, to the 5th October, 1839. No. 5 Is a statement of revenue arising from tonnage duty on British Vessels, from the 1st January to the 30th September, 1839. No. 6, 7, 8, 9 and 10 omitted in this abstract, as unimportant to its purpose. Your Committee are of opinion that a consider- able proportion of the tonnage of vessels subject to tonnage duty, is not included in the return and by the evidence of the Inspector General in his reply to question No. 3, it appears there is no mode at present by which to ascertain its correct- ness. Your Committee cannot however dismiss this part of their examination without calling the attention of your Honourable House to the very gratifying increase in all the sources of revenue above referred to as will appear by the following comparative statement of collections for the years 1838, and 1839. 32 i .^ I, I ., . M, ^ CI H Vi^ C O 5^ By the above state i r cent., which is a e past few years. <1§ 09 fij . ^ O p> &o J3 CO p ^ en o rt O s - o o CA ?^ 09 o CI C5 t?1 09 o w V o B CA ^^ s. ai • CD $5 . ST. 00 ' e • § • § 09 s 9- • o. CI' • fi- <^ sr V^-v-^->N -*-v-^/ l-^-V-W/' .-•-v/-*-' >-* 09 o 09 -^ to 09 CO ;» sr *^ tQ OD CO Zfi O CO 09 Ct> ^ P Ct o o o »- GO 09 " 2. q;i ^ Oi 00 09 00 ?» 00 • H «:: (9 o o o Cn »- ^ W 1839 over ountry is r tsd- tsH 3 ^ Oi CO Oi 1—* CO H- Oi f*i t?j CO ^ 09 tf:- H- M Hri !2! HA o o •— 1 CO t^ QO CO 2 '^ OD Oi to 09 OD Oi • • • CO »^ Oi 00 v| 09^ o-d ■ 2.S OQ to O 09 ^ to 03 ^ ^ H-l to Oi'cO ^'i a CO o CD »^ p T OD H-» CO CO CO o OD *»- ^ 09 CD Hi' H-t •-* 1^ H- Co CO P ^2 09 00 CO H- t3 ct> C5 •-? CD P 2 o o • S5 o 95 o o o o o o ^ CD S,o __ 33 No. 12 is the general estlh 'e of the expendi- ture and resources of the Province from the 5th October, 1839, to 31st December, 1840. In calling the attention of your Honourable House to this document, your committee beg to state, that they have considered various proposi- tions to meet the apparent deficiency of the current year, a deficiency that has arisen chiefly from the failure of the firm of Messrs. Thos. Wilson & Co. agents for the Province in London, by which un- expected event, the large sum of £55000 sterling, was for the time rendered unavailable. In order to replace this sum, for the purpose of paying in- terest on debentures as they became due in £ng. land, the Receiver General was compelled to effect an arrangement with Messrs. Glynn, Hali- fax & Co., Bankers of London : By this arrange- ment the Province has become indebted to that House, and also to Messrs. Baring, Brothers & Co. for similar services to the extent of £67,517. To pay this sum together with the further one of £23,183 due for interest on our public debt, mak- ing in all ^90,700, to be provided for, your committee recommend that j^70,000 of it should be funded in England, and have prepared a Bill, which they herewith submit, for the purpose of carrying that object into effect ; and having alrea- dy passed a Bill to authorize the sale of 5^^5,000 stock, owned by the Province in the Bank of Up- der Canada ; these two hources will, they trust, £ 34 : { be amply sufficient to meet the present emer* gency. In making this arrang-ement, your committee are aware that means must be found to meet the interest that will accrue on the loan of £70,000, and to replace the sum of ^£2000 which would have been received on the Government Bank Stock, had it not been sold. If the foregoing suggestions for funding X70,900 in England, and selling the £25,000 Bank Stock are acted upon, there will be no difficulty in meeting the engagements of ihe currrent year as will more clearly appear by the following state- ment, shewing the expenditure and resources of the Prdii^ince predicated upon the foregoing ar- rangement : EXILNDITURE. «» d. Amount required to complete the service of 1839, - - - 25>000 Interest on Public Debt, including Premium on Exchange, - 63,000 Administration of Justice and Sup- port of Civil Government, 1st William IV., chap. 14, - 7,223 Ditto ditto, 7th William IV., chap. 1, 3,000 Ditto per estimate No. 11, to com- plete Service of 1839 and 1840, 16,779 ^is 4 6 Carried over, 115,002 4 (> a^ ExpenJilHie brought over, 1 l^,ou 4 k 'Contingent expences of Ihe Legis- lature, - - - - - Officers of the Legislature, Receiver GeneraPs Salary, Inspector General's do. Vice Chancellor's do. Comrnon Sdiools, - - - District do. . - - Militia and other Pensions, Maintainance of Light Houses, Adjudant General of Militia and Assistant, - - - - Clerk of the Crown in Chancery, Agricultural Societies, Provincial Penitentiary £5,000 — Gratuity to Deputy Warden £306, 5,300 Books for Provincial Library, - Militia Ctmrts Martial, - Estimated amounts due to Messrs. Baring & Co. and Messrs. Glynn, Halifax & Co. on account of pay- Ment of interest on Debentures negoeiated in London, including the dividends payable on 1st Jan- uary, 1840, and Premium on Ex- change, - - - - 67,617 Interest on additional £70,000 novr authorized to be issued, - 4,200 Surplus, - - - - 30,122 9 4 5-000 890 778 406 1,259 e 9,300 1,400 u 8,200 2,500 885 75 1,000 •0 5,300 80 300 '1 1 £249,205 13 10 » ';.t.i RESOURCES. ..J '. i * . ^ Ballance in Receiver General's . ^ hands on 5th October, 1839, 22,128 Ballance in hands of Collectors on 5th October, 1839, - - 6,987 Ballance in hands of Inspectors on 5th October, 1830, - - 1,1G8 Import Duties, quarter commencing 1st October, 1839, - - 5,000 Duties on Licenses, quarter com- mencing 5th October, 1839, - 400 Bank Stock divident for 1S39, - 1,000 The Provinces proportion of Duties (Import) collected at the Port of Quebec, - - - - 62,000 Import Duties in Upper Canada, 16,000 Duties on Licenses to Inn-keepers and Distillers, - - - 9,000 Canal Tolls, - - - . 1,250 Tonnage Duty on British vessels, 300 Harbour Dues at the Port of To- ronto, - - - - 200 Licenses to Hawker's and Pedlar's, 150 Ditto Auctioneer's and Sales at Auction, - - - 700 Militia Commission Fees and Fines for exemption from Militia duties, 500 Carried over, 126,783 07 d. 7,222 13 9 , Resources brought over, 126,783 luterest on Loans to private com- panies, due 1st June, IS39, jC4,635 3 9, ditto due 3 1st De- cember, 1840, jC2,587 10 0, Interest on Grants for Macadamiz- ed Roads,now due jC8,841 G 9, ditto, will be due 31st December, 1840, £11,358 13 4, - - 20,200 Sales of Debentures to meet debt to Messrs. Baring, Brothers & Co., and Messrs. Glynn & Co., - 70,000 Sale of Bank Stock, - - 25,000 I X2,49,205 13 10 By the above estimate, it will be seen that, your committee have altered the estimate of expendi- ture in the item of contingent expences of the Le- gislature, which they have reduced from ^67,500 to £5,000, believing the latter sum quite sufficient to cover the actual expences of the current year. In the estimate of resources, they have increased the estimate of " this Province's proportion of im- port duties collected at the Port of Quebec," jC7,000 making the estimate for the current year £62,000, only £321 3 9 over the actual receipts of the past year, and when they reflect that the in- crease of the past year over the previous year is £23,988 12 3, they are of opinion an increase for the current year might, with propriety, be calcu- 38 lated on. Your committe have, howerer, re- frained from such increase. Your committee have also increased the estimate of duties on Licenses, for the sale of Spirituous Liquors, and for Distilling, £\,i)00, and on Auc- tioneer's Licenses and Sales, ^150, which, from the receipts of the past year from those sources, they are fully warranted in doing. It will also appear that <£7,222 13 9 will be due on the 31st December next, for interest on Loans to private companies who are bound by certain statutes to pay the same regularly, and also, that a further sum of ^20,200 1 will, at the same period, become due for public money advanced to pay interest on monies expended for macadamized roads. Your committe cannot re- frain from expressing their surprise that these large sums should be allowed to accumulate and be estimated for, under the head of " Interest for the Public Debt," when, by a reference to the Acts under which these monies were granted, it will appear that such should not have been the case, and they trust steps will be taken without delay to relieve the ordinary resources of the Country IVom a burthen which the Legislature never conteui})lated imposing upon them. From the preceding review of the fmances of the Country and its resources, your committee trust they have demonstrated, that so far from the Province labouring under an amount of debt suffi- tieut to caii^o^ a feeling of despondency in those 39 who take an interest in its welfare, they have shewn by the proposed arrangement, that good faith may be kept with the public creditors, and provison made for the ordinary expences of the Government for the present year. In this account your committee can assure your Honourable House they have assumed nothing for fact, but af- ter careful and anxious examination, and if large sums have been abstracted from the funds of the Province,to meet demands which should have been paid by local assessments, and other sources pro- vided by statute ; your committee submit that it was not the fault of the Legislature. We feel it due to the present House of Assembly as well as those which preceded it to make this statement, because, while we admit that the Public Debt of Upper Canada is a large one, we have shewn that a sum greater than the total amount of the present debt of the Province, has, within a few years, been appropriated towards developing the resources of the Country, and in constructing works calculated to add to the comfort and prosperity of its inhabi- tants. Your committee would here, in support of their statements briefly notice the works in which large sums of public money have been expended : Canals, ^£712,703 Harbours, 24,500 Roads and Bridges, ... 1 19,696 ! I Carried over, 856,899 j^ 40 Brought over, 856,899 1 ■•• Vfacadamized Roads, 189,511 1 '^i ' Surveys preparatory to public improve- f ( f ■ ■ ' ments, . . . 1 • 5,143 ! Light House, (and support), . 21,407 Provincial Penitentiary, 37,600 Parliament Buildings, . , 11,000 'i- Hospitals, 4,600 To which may be added the follow- ing items of a public nature : War losses, .... Trial of State Prisoners, and other charges incident to the Rebellion, 1,136,160 180,450 14,183 oC 1,320,793 Of these works the Welland and St. Lawrence cana-ls are the most prominent,and calculated,wben completed, to be of the greatest importance to the Country. The W^Hand canal has for some years been in use, and yielding a return which, though small, is rapidly increasing ; the amount of tolls last year have been <£ 12,835 G 91, nearly dou- ble that of any form'^r .year, and your committee are satisfied, that Wc that work permanetly fin- ished,''on the scale recommended by the present House of Assembly, its cost, however, great would soon cease to be a burden on the revenues of the Country. The same result your committee be- lieve would follow the completion of the St. Law- .i. Vt:t«:^: 41 rence canal,and as these benefits will be felt equally in Lower Canada with this Province, your Com- mittee rely, with confidence, on their receiving the early attention of Her Majesty's Government and of the United Legislature, should the anticipated tinion of these Provinces take place. It now only remains for your Committee to lay before your Honorable House the total amount of the present debt of the Province, when payable, and the rate of interest payable thereon, which is as follows : — £ ^. d. Debentures outstanding, payable in Upper Canada, bearing an inter- est of six per cent, - - -137,662 1^2 2 Do. do. 5 percent.,. -61,240 Do. do. 5 J per cent., - 5,000 203,902 12 2 Do. payable in London, interest 5 per cent., - 869,650 Less amount unsold in the hands of Baring & Co., - 42,000 Sterling, - - 827,650 Add ith for Cy. - 91,901 2 3 919,611 2 3 Sum now contemplated to be fund- ed in London at 6 per cent., - 70,000 £1,193,513 14 5 H i^ ■ t: n 42 ! i ■ ■ijt To this must be added, if negotiate ed| the sum of jf 11 1,241, being the balance authorized to be raised by a statute of last session, . but which has only recently re- ceived the Royal assent. The total amount, therefore, of the Public Debt, on the 3 1st Dec. J 840, will, should the Receiver General succeed in funding the £70,000, as also in disposing of the Debentures for the i^l 1 1 ,24 1 as referred to above, be - 1,304,754 14 5,574 The annual interest accruing upon this sum, for 1841, is, Cy. 67,358 Ten per cent, premium on that part payable in London, - To which may be added the annual charge for Administration of the Government, - - , - To which may be added the annual Miscellaneous Grants, 48,820 5,291 127,043 RESOURCES TO MEET SUCH EXPENSES. Revenue on Commerce, - - 78,000 Do. on Licenses and other internal resources, - - . . 22,000 i Carried over, i:iOO,000 m Brought over, £100,000 Interest on £26,750 loaned to pri- vate companies, - - . Do. on £66,000 advanced to com- pkte Welland Canal, 7th Will. IV.ch. 92, - - - - Do. on £189,571 advanced on Mac- adamizing Koads, - . . 1,725 3,960 11,358 Annual deficiency. 117,043 - 10,000 £127,043 In this statement, your Committee have not estimated for the sum remaining in the hands of Messrs. Thomas Wilson & Co., amounting to about £65,000, nor the balance which we have shewn should be in the hands of the Receiver General at the close of the current year. Your Committee ieel it their duty, before closing their Keport, to notice the sum of £25,000 remaining of the sum of a^50,000 granted for roads and bridges in 1836 : the money is much wanted in every sec- tion of the Province, and its not having lor.^ since been forthcoming has caused great inconvenience and loss to many of the Commissioners appointed to expend portions of it. These persons have many of them petitioned your Honorable House for relief, stating that, in full reliance, the money would be paid when called for ; they gave out contracts for work, which was duly performed, 44 but that the contractors, except in cases where the Commissioners paid the money from their own resources, have, up to this Iiour, received nothing for their labour. Your Committee can only bring this passing subject before your Honorable House, and rely on every exertion being made to obtain the residue of the grant referred to as soon as possible. In conclusion, your Committee would suggest to your Honorable House, that prompt meaps should be adopted to carry into effect the measures recommended by them for (he purpose of meet- ing the present engagements of the Province, and to provide for the carrying en the most important of our public improvements ; and they imanimous- ly concur in advising that the Honorable John Henry Dunn, Her Majesty's Receiver General, should be sent to England, where alone we can hope to realize the benefit anticipated from the proposed measures with the least possible delay. With this view, your Committee report an Address to His Excellency the Governor General, request- ing that he will be pleased to grant that officer the necessary leave of absence, to enable him to proceed to England on the business of the Pro- vince. All which is respectfully submitted. (Signed,) Ciias. Bockus, Chairmtin. Conimittee lloonij House of Assembly, 29ih January, 1S40, 45 Thus it appears that, after all (hat has been said as to the ruinous state of the Finances of Upper Canada, she is, as above stated, found to fall only £10,000 in arrears of meeting tlie demand against her. More than this sum, will probably be forthcoming, out of those sources of revenue which it appears the Committee have not taken into their estimate ; l)ut besides this the probable increase of her share of duties this year will leave R balance in her favour. I conceive the Commit- tee therefore are fully borne out in their assertion. ** That so far from the Province labouring under an amount of debt sufficient to cause a feeling of despondency in those who take an interest in its welfare, they have shewn by the proposed ar- rangment, that good faith may be kept with the public creditor, and provision made tor the ordin- ary expences of the Government for the current year." In fine, I Inve not a doubt that Upper Canada from her own resources alone, and although the Union of the Provinces had not taken place, would in a very few years have been completely capable of extricating herself from every financial diffi- culty, and, also of effecting the completion of her public works, and as a proof of the rising value and importance of these public works, we give the following extracts. At a meeting of t}»3 St. Andrew.^ Society, at St. Catherines, V. C. Mr. Beaton stated, " that he tUd not rise in the usual waj-, to return thanks for this toast ; he was sure that the company woiild all be thankful for a toa.st, the subject of which,, now filled the 46 minds of the public at large ; but that, from his connexion with the principal in>provenient in this Province, (he would say in the Canadas, at various limes) the VV^elland Canal — he was enabled to state some facts connected with that great work, with which, per- haps, the present company were unacquainted. He said, that nine years ago, the number of vessels navigating the canal was but about forty — this year the number was upwards of two hun- dred. The transport of produce by the canal had increased in an amazing degree : he would instance one or two articles. Nine years ago, the number of barrels of salt which passed upwards by the canal, was only 1,500 — last year, the number of barrels of the same article passing up, was about 200,000 ! Nine years ago, the number of bushels of wheat passing down by the canal was quite trilling — this year, the number exceed $ 1,000,000 bushels! ! The lolls collected nine years ago, were but a trifle over j61,000 — this year, iliey camo up to ^620,000 ! ! ! These instances, he said, were sufficii^nt to shew the great and rising importance of the na- tional work." At a late meeting held at Kingston for the for- mation of an Emigration Society, Mr. Marks spoke as follows :— The trade of the Lakes of the Lower Ports, is already of much consequence. Protliicc to the extent of a million of ban-els, went through to the ocean, dining the pust season, four hundred thou- sand barrels of which left a dollar per barrel, for labour, in this country. Here then, , ou have, on one branch of trade, an income already of jG 100,000 and when the Welland Canal shall be com- pleted, on the scale intended, it will produce ten times that amount. Besid^?s the natural advantages of the Midland and adjoining Districts are very great, and well worthy the attentive considera- tion, not only of liie meeting, but of the Government and the country at larfre. We possess splendid locations for the enterpris- ing emigrants and seUler.5, equal to the best which abound in almost every portion of these ferlilc Provinces. We have the Bay of Quirite, running eit>;lity miles into the interior of a highly cultivated country, commonly called the Garden of Canada. Through this beautiful bay, stoniuboats are seen moving daily in all directions — bavins the meat Ontario in front, the broad St. Lawrence and its magniliocnt scenery and navigation, l)earing to the ocean the pro- ihicts of our soil and trade. In another direction we have the Rideau Canal, with lock^f of superb and substantial masonry, and 47 covered with steamers ami bargee, ladoii iipw. nl witli l}^iti!^h mer- chandize, stretching Uirough this and other Di.stricts, connecting lltnt noble river, the Ottawa, with the great lakes, and tlie whole con- verging at the town of Kingston, the great central point of rendezvous of all that move on these mighty waters. At Kingston, we have strong fortifications and naval arsenals, giving honest employment to thousands of settlers, who may happen to come amongst us to reside. There are also in our rear Townships and within a day's walk from this District Court House, not only cNcellent soil, beau- tiful scenery, but innumerable delightful lakes, abounding in the finest fish — (wiio has not heard of the black bass of the liobo- rongh Lakes)? and surrounded with game — in the vicinity of which, a sportsman may on any fine morning, in ihe proper sea- son, kill venison sufticicnt to feast his family and friends for weeks. Here on the authority of Mr. Marks, a very res- pectable citizen of Kingston, it appears that $400,000 was gained by the Upper Province this year. The most of this property probabiy came through the Welland Canal. His estimate of the amount of property that will passs through that part of the Province when the Welland Canal is completed, may be too high, but there is not a doubt the augmentation will then be very great. In proof of which we give the following quota- tion from the Montreal Herald, of JVbi'. 13, 1840. WRLLAND CANAL. Amount of Tolls received to the -SOtli Septem- ber, 18*0 je 15,338 During the month of October, 2,697 Amount of Hydraulic Return to 31st Ootober, 958 Amount of Fines received, 37 jei 9,031 7.1 (5 Hi 5 H In laying before the Public a statement of the Tolls received to 1st October in this year on the Welland Canal, we congratulate the country upon the success which has attended this work. We are informed that letters Were received by the last Mails from an influential person in London, announcing the important fact that 48 the Royal atHidixt would be given to the bill lur the purchase uf ttie Private Stock •' at tlie next meeting of the Council," The Wellaml Canal will then beconje u gieat and valuable Work to this Pro- viice — not only ibr Commercial purposes — but as a means of de- fence — the i>roposed enlargement of the Locks will enable ua in case of need to protect the shores o( Erie and Huron as well a« ihose of Ontario. — Toronto Patriot, Here then we find that this very Wellantl Ca- nal which (while I was in Upper Canada, three or four years ago) was considered, even by loyal and well disposed persons to be a mere incubus on the Province, from which it never could detach itself, has in nine years, multiplied its revenue twenty fold. The Finance Committee therefore are justi- fied in stating <* that when the canal shall be perma- nently finished, its costs however great, will soon cease to be a burden on the revenues of the coun- try." The same result, this Committee adds, " would in their opinion follow the completion of the St. Lawrence Canal, and that, as these bene- fits will be equally felt in Lower Canada, with this Province, the Committee therefore relies with confidence on their receiving the earliest attention of Her Majesty's Government, and of the United Legislature, should the anticipated L^nion of these Provinces take place." This Union has now taken place, and we are now to consider the other, and I believe the prin- cipal objection made to it by the Anti-Unionists. This is, that Lower Canada will have to pay the debts contracted by the Upper Province without her participation or consent. 49 Now we cannot agree that the improvemefits by Canal Navigation were gone on with, with- out the consent, or at least the approbation of Lower Canada, for I happen to recollect, that even Monsieur Papineau, who had at that time almost omnipotent power in the House of Assem- bly, declared in one of his speeches in that House, "that they would meet Upper Canada on any scale she might deem proper in effecting the com- pletion of those improvements," meaning of course the completion of the Canal through the Lower Province to Montreal. And indeed it is natural and reasonable to suppose that Upper Canada would not have commenced this costly work with- out some such understanding between the two Provinces. The supporters of the above objection to tbe Union, do not appear to me to consider that if the Union had not been effected, the Lower Province would then have found herself bound when called on by the Upper, to complete her part of the Ca- nal from her own funds, alone ; but now the Union has been effected, and the debt of the Upper Pro- vince for this concern, is to be jointly assumed by the consolidated funds of the United Provinces ; the expense of finishing the Canal from Coteau to Montreal, will be jointly borne by the two Provin- ces. To explain this more clearly, I mean to say, that when the canal is carried on to Montreal, any addi- tional taxes that should be required for that pur- ^0 |>08e will, now, that the Union exists, be equally borne by the inhabitants of both Pi evinces. Tlie distance between Coteau and tiie Cascades is I believe nearly double that of the length of the canal at Cornwall ; therefore we may suppose the cost of making thin canal will be also nearly double the cost of tke Cornwall canal. Therefore by the Union, the Lower Province will gain the advan- tage of the joint assistance of Upper Canada in making her share of the canal, that is from Coteau to Montreal, the cost, perhaps several hun- dred tiiousand pounds. In respect then of these improvements in both Provinces, and their cost, it 4s a joint eoncern in which the Lower Province has a decided advantage over Upper Canada. Now with respect to the debt, the interest on which is to be assumed by the consolidated fund of the two Provinces, we have to observe (and it is very remarkable after all that has been said upoa the assumption of the debt), that no part nor clause in the Bill enacts that the principal of the debt shall be assumed by this fund. See the 56th clause in the Union Bill at the end of this work. Whether it was the intention of the Imperial ParlJAment to place this capital on the consoli- dated fund or not, I am uncertain. It is pos- sible their intention might be that the capital when required to be paid off; at least that part of it which cannot be considered as any way benefit- ing the Lower Province, shall be paid by the sale t)f lauds of the Upper Province. This capital . 61 may not be required to be i)ai(l for n great many years, for when the interest on it is secured by the Union, the principal may be funded. All therefore that can be allowed to the argu- ments of the Anti-Unionists is, that Lower Canada has to join her sister Province in paying the in- terest on that part of her debt which does not ap- pear at first sight to interest the Lower Province. But when we take in review the great advantages which will accrue to the Lower Province by the Union, the assumption of this part of the interest on the part of Lower Canada, will weigh but as dust in the balance. The very circumstance men- tioned above of the taxation that may be required for the completion of the Canal to Montreal, being equally borne by Upper Canada, will probably of itself be found an equivalent for the sssumption of the interest of the whole debt. The Upper Province, if the Union Bill had not passed, would have continued to take up to her- self annually, her portion of the amount of duties, which this year is estimated by the Committee at ;e62,000, but by the Union this amount will go to increase the United Consolidated Fund. It is probable also the amount of the Casual and Terri- torial Revenue of the Upper Province will conti- nue greatly to exceed that of the Lower, from the great emigration expected from the Old Country, which is another great pecuniary advantage gained by the Lower Province by the Union as this Casual and Territorial Revenue is given up to the 52 Consolidated Fund by the 54th clause of the BilL I trust these circumstances and advantages will be allowed by the hitherto Anti-Unionists of French origin. In fact they cannot but suppose the British intelligent commercial population would support a measure which should really bring on them- selves the burthens stated by the Anti-Unionists^ unless th^3^ the commercial, population, were con- vinced, either.of the erroneous foundation of these statements, or of their being amply compensated for, by other advantages of this Union. When we further consider the present state of the Agriculture of the Lower Province ; when we know that, whereas she formerly exported 300,000 bushels of wheat per annum, she now does not pro- duce enough for her own consumption ; when be- siides this, We go on to consider that this Lower I*rovince, (which had been in my opinion most un- justly dismembered from her most fertile regions by the separation of the Provinces, will now be restored to a share in the Government of that fer- tile country, to which she will have perhaps to look, for the wheat bread she requires, we shall be much surprised if this re-Union will not be considered a just source of joy and gratitude. The concessions in the Seigniories south of the St. Lawrence have, I believe, been all conceded away for many 3'ears past. Those to the north- ward are in general also occupied as far north as the climate is favourable for the production of wheat. The consequence is, even now, that num- 63 hers of the risuig generation are auniially resorting to the United States for employment or settlement. As the country becomes more populous, thi& emigration must increase, and certainly requires the interference of a paternal government to re- medy it. By the Union of the Provinces this can be affected. I have shewn in No. 1 of this work, p. 43, tha^t " there are many thousands of acres of land back of the settlements in Upper Canada not granted by Government, and not so far north as the latitude of Montreal, which lands, on the ap- plication of the Canadian United Legislature to the British Government would probably be allow- ed to be conceded to the habitant farmers of Lower Canada. There its growing, population might find a home in their own country. Such then are my impressions on the re-union on the Sister Province. I received my birth in Canada before the Province was dismembered, and it may perhaps be from that cause that I feel more strong- ly satisfied at its restoration to the finest portion ofit. We shall now give a few extracts from recent S)>eeches of men of abilities on the subject of this Union. Mr. Merritt, of Upper Canada, in a speech to the electors of the United Parliament^ says: It will remove one of the greatest barriers to the interaal im- provement of both Provinces, viz. a divided Legislature. The United Parliament will be invested with greater power to protect our agricultural interests ; to favour commercial enterprise and de- velope the natural resources of the country. It will have power 54 %) adopt a syflem of iuternnl improvement, on a moro extended' scale ; to apply the revenue where it will most benefit the entire Province, without regard to local interest ; and to appropriate a certain quantity of land for the endowments of aeminarieaof learrv- ing, and the permanent and liberal support of common schools. It will have such power over our internal affairs, as to enable it to es- tablish a judicious system of banking, and to encourage emigration, by providing employmanl in the construction of our great public works, which, by enabling emigrants to be useful to themselves, wiK at the same time, render them a source of wealth to the country. Ii will have at its command, without resorting to additional taxa- tion, an abundant revenue, derived from a duty on imports, pro- ceeds from lands, timber, tolls, and other internal resources' And last, though not least, the Union of the Province will have a direct tendency to destroy the odious distinctions, which have been at- tempted to be established upon a difference of origin, among the inhabiiants ; and by conferring equal rights and privileges upon all, will render the people as happy and prosperous as those of anr other portion of the continent of America. The Union ol the Provinces will place at the disposal of the United Legislature, for the government of one million of people, a revenue far exceeding that of any single state or colony in North America, with double the population. It will enable the Legisla- ture to command any amount of capital required for the improve- ment of the country ; and, in connection with a sound constitu- tional government, holds out a prospect, the realization of which will exceed our most saguine expectations. Thus, although the anti-union prints have been continually wringing the changes in people's ears, " that every family would be enormously taxed by the Union," Mr. Merritt, who I believe is as well informed on the subject of the Finances of Cana- da as any man in it, asserts that " additional taxa- " tion will not be wanted, and that the United " Legislature will yet have a revenue far exceed- " ing that of any single State or Colony in North " America with double the population of the ** United Provinces." i>.i a Mr. Rykert, also in his speecli to the electors, says: It appears from Mr. Rykerfs address, to the electors of Lincoln, in Upper Canada, that, as a Member of the late House of Assem- bly of Upper Canada, he opposed the Union, as recommended lasJt Session by the Governor General ; but he says : I was not ignorant then, nor am I now, of the great advantages that would resuilt to the commercial interests of Upper Canada, by the acquisition of a seaport, and the power of controlling our own imports and exports. It has long been apparent to me, as it must have been to every person of observation, that Upper Canada can make little permanent progress in agricultural and commercial prosperity, until we command a free outlet to the ocean, where we may create a revenue to enable us to develope the vast resources with which Providence has favoured this Province. Hitherto we have been perfectly powerless ; all our enterprise frustrated *, our energies paralyzed, and the people of Upper Ca- nada placed in the humiliating situation of tributaries to those of Lower Canada — the majority of whom have always been opposed to every description of public improvement and enterprise, and have evinced no community of feeling with the British population of either Provnice. But, gentlemen, although I conscientiously opposed the re-union of the Canadas, upon the terms submitted, now that it has passed into a law, I conceive it to be my duty, and that of every good subject, to submit, and not interpose any unnecessary impediment or opposition to embarrass the administration ; but, on the con- trary, to render every proper assistance to the Government, and avert, as far as in us lies, those unhappy results, of which many of us were apprehensive. Having now, I trust, shewn that the Lower Province is interested in the prosperity of the Upper, and therefore interested also in helping her to get over her present financial diflicnlties, I proceed to consider another ground of objection to the Union, namely, the exclusive use of the English language in the Parliamentary Records, &c. And, first, 1 must clear up a very great mis- m •understaiuHng on this subject, which many labour under, and which, I have little doubt, has been industriously circulated among the French Cana- dian part of the poulation. This is that the French language is not to be used at ail in the House As- sembly. The forty-first clause of the Act will clear up this point, for as not a word is there said to enforce the English language in the debates, we mnst con- clude the Impeiial Legislature ne\^er had such an intention, but has left the debates free to both lan- guages. The members, therefore, who speak in French, can either have their speeches translated into written English, previous to their delivery, or interpreted at the time by an interpreter, who will no doubt be appointed by the House for that pur- pose. The clause on this subject will be seen in the Union Bill at the end of this work. With respect to the journals, entries and wHtten proceedings of the Legislature, and all other Par- liamentary instruments, being to be in the English language, it was certainly to be expected that in a Legislature of an English Colony, more than one half of which Legislature will be British, that the preference should be given to the English lan- guage, especially as translations of these journals and instruments can be made and circulated. Having now we believe fairly answered the ar- guments against the Union, and shewn the compe- tence of the Upper Province to retrieve her (itmn- cial difficulties independent of it, we now proceed 57 ur n a- Ich lS- ui our endeavours to shew, as said in page 29, that ** Lower Canada will, in a few years, find that her Union with the Upper Province will prove a fruit- ful cause of advancement in her own afyricultural, her commercial, and her general prosperity and welfare." We state this, however, as our opinion, under the proviso that all parties take their seats in the Honorable United House of Assembly in that tem- per of heart and mind which the present state of the Province requires, to heal its wounds and to advance its future prosperity and welfare. The success and glory of their proceedings will proba- bly depend on this point, that instead of wasting their own energies and the public time and money in pursuing discussions on abstract and theoretical questions on Government on which they will pro- bably never agree, nor obtain the establishment of; if instead of commencing this fruitful source of collision, they should fortunately come to the House, with an enlightened conviction that the true and effective mode of serving their constituents and the Province, (and even their own individual interests,) will be to unite immediately in taking effective measures for advancing its Agriculture, its Commerce, its Navigation, and the public im- provements required for these purposes. , We shall now give our opinion on the advance required to be brought to pass in these elements of public prosperity. And first on Agriculture. There can be no possible doubt, that the present ,4 58 St- miserable state of Agriculture in the Lower Pro- vince, demands the most serious and immediate investigation of all its representatives. A Pro- vince, which in former years exported nigh 300,000 bushels of Wheat annually, has of late years, and is at present, actually unable to raise enough for its own consumption, and many of its farmers have abandoned the cultivation of it. I have stated in No. 1 of this work, my endeavors many years ago, to call the attention of the House of Assembly of the Lower Province, to this im- portant subject ; but, they were too much in- volved in their differences with the other branches of the Legislature to attend to it. 1 have hardly a doubt, in my own mind, that the generation of those destructive insects which have of late years appeared in this Province, has arisen from the wretched system of Agriculture which has been practised in it for nigh 250 years. In the Old Country the Lands are kept in good heart by al- ternate crops of wheat and other grain, succeeded by green crops, and they are I believe, generally limed once in seven years, and lime is a great des- troyer of insects of all kinds. Here on the contra- ry, nothing of the kind is done, and thus bad weeds and bad vermin, are cherished in the soil. If it be said, that these insects have appeared in the States of America ; I answer, that they have been pro- bably generated there from the same cause as here ; for I believe the practice of liming the land is almost equally rare there as in Canada. 59 ts I have in No. 1 of this work, published my plan for introducing the modern system of Agriculture among the French Agricultural population. This plan has received the approbation of Sir John Col- borne's late Government of the Province, and it is my intention to present it if possible to the United ouse of Assembly, for their consideration ; hav- ing not a doubt u will so meet the interests of the Canadian Agriculturists, that it will receive their approbation and support. The Agriculture of the Upper Province, though far more productive than that of the Lower, ap- pears however at this moment to require no less the attention of the Legislature. And as this has lately been the subject of much discussion in the public prints we shall here enter into some exami- nation of their opinions on it. The Transcript of this city, on the subject of the importation into this Province, of American wheat for consumption in the Province, or for the purpose of being ground into flour, in the mills here for exportation, is decidedly in favor of the wheat being allowed to be imported duty free, and its argument in support, is that, in his opi- nion wheat can be raised as cheap in Canada as in the United States. " But if," says the Editor, " it can be shewn to be impossible to raise wheat in Canada at as cheap a rate as in the United States, that would be a reason why the intelligent farmer should turn his attention (o the cultivation of something else ; but it would by no means establish the policy of annihilating a profitable trade, and obliging ua to eat dear bread, in order that the farmer may persevere I 1 ()0 in a misapplicailon of thesoil. We have no idea, however, that the growth of vvhcat is injudicious; quite the contrary. Canada has wanted nothing more decidedly than some staple article which should be the means of altering the character of her transactions with Great Britain, ar-l from the breadth and quality of the soil we conceive that staple arucle should be, and will be wheat." The Herald on the contrary raaintahis that the Home trade of a country, including its Agriculture, and the products thereof as articles of Commerce, is the first branch of Trade that its capital ought to be employed in, as that most generally benefi- cial, by giving most employment to the farmers and labourers of this Province. The Editor would therefore protect these classes by laying a duty on all the wheat imported from the United Str'es, including not only what is sold in the ProviHv s for their consumption, but also what is transhipped (in the form of flour manufactured in Canada,) to Great Britain. I have, however, learnt since the above opinions were published in the Herald, that the Editor is willing that a draw- back should be allowed on exportation of this flour to Great Britain, and this idea is stated in the He- rald of 27th March, of this year. Now the general policy, and practice of England respecting .foreign wheat and flour, is to lay a duty on them by a scale formed on the average prices of Home wheat in the English market. By this scale when the prices of wheat were very low in England, 1 have known the duty on foreign wheat to amount to near 32s. per quarter or 4s. a bushel ; and to take the general average duty on 61 lat da ch ms foreign whciit I should suppose it would amount to about 15s. sterling the quarter. Anierican,wheat ground into flour in Canada is exempted in Eng- land from the duty on foreign wheat, and it is con- sidered as Canadian flour. Canadian wheat sel- dom pays more than 5s the quarter, and pays only Gd the quarter when British wheat is 67s or more the quarter, in price, and this may perhaps be called the average price in England. Flour pays in proportion to the duty on wheat. The Americans could therefore afford to pay 10s. per quarter or Is. 3d, per bushel duty in this Pro- vince, on this wheat, and still be on equal terms at least, with the importers of foreign wheat or flour into England. But if this duty were laid on their wheat here, they would probably grind it in their own mills and ship it thence to England, or they might send their wheat to some other of our North American Provinces, who would perhaps agree to lay no duty on it ; by either means this Pro- vince would suffer the loss of a very valuable and growing branch of Manufacture, and Com- merce. The Corn Law Act of 15th July 1828, by the 4th clause enacts, " That no corn, grain, meal or flour shall be shipped from any port in any British po5- visions of all kinds to those Islands will be greatly extended and of course Lower Canada will take her share therein. The result of the completion of the Cornwall Canal down to Montreal, (com- bined with our obtaining the trade of supply to our West India settlements advocated in the above named Chapter in the considerations on the Car- nadaSj) would be a great increase of our Com- merce and Navigation, and instead of our wheat being shipped to Great Britain as it has been some years past at a loss, we should be able (by grinding it into flour, and manufacturing it in part^into biscuit of various qualities,) probably to obtain a fair and saving market for it and other articles of provision, cattle, pork, &c. in these West India settlements. Before quitting this subject of the defence of the Agriculturists of United Canada, I must strenuously insist on the necessity of their protec- tion. This necessity is becoming, year after year* more imperative, as the great American tracts oft wheat country to the westward become more peo-- pled. Such advantages has that country, and so vast do I conceive, will in a few years be its over-, plus of wheat, that I believe it will have to be sold ior whatever it will bring in this Province (if thg present law is continued in it,) or elsewhere. It is one thing, therefore, to consider this great 70 question of Agricultural protection, merely as a Commercial one ; to say for instance, that if the Americans can supply us cheaper than our own farmers, they ought to have the preferende in the Canadian, and the markets of our West India set- tlements ; but it is quite another things when we consider this protection as relating to the further settlement, or needful to prevent the gradual depopulation of the Province, The great mass of our population as I have above shewn, is Agricultural ; if the farmers of Ca- nada cannot dispose of their surplus produce in their own or other markets, at least at a saving price, they will gradually quit the Province for a more favorable settlement ; for the exportation of wheat to Great Britain from this Province, is very frequently attended v/ith loss. To our own pro- vincial markets, and to that of our West India Co* lonies, when able to supply them on equal terms, we have a natural right, then, to look for a market for our surplus produce. The preservation of the settlement of the Province ; and for that end, its Agricultural protection, are indispensible duties of its Legislature. If we wish to maintain our present relation with Great Britain, we know well we must have a population, capable with her aid, of defending the Province against a populous ireighbour. This consideration is entirely inde- pendent of, and paramount to, all Commercial considerations ; although it is probable, the true 71 interests of commerce, are greatly in support of this consideration. I trust, as said in page 2D, " that (by a just sys- tem of Ju.egislation on this subject,) Lower Canada will in a few years find that her union with the Upper Province will prove a fruitful source of ad- vancement in her Agriculture, her Commerce and her general prosperity and welfare." The public improvments, namely the Canals, &c. which I trust, will now be completed,will greatly tend to this advancement. I would now sollicit the calm and serious atten- tion of the Anti-Uniouists to the foregoing con- siderations in this address. They must surely perceive that the Legislature of Great Britain can have no other wish and intention than to advance the real welfare and prosperity of the North Ame- rican Colonies. The interests of the parent state are one and the same with those of the colonies. Great Britain is now engaged in a very extensive and hard run competition in her Manufacturing in- dustry with the nations of Europe. She must there- fore cherish her colonies as growing markets for her Manufactories, and more especially as nurse- ries for her seamen* There is not a doubt there- fore that the union of the Provinces, will form part of a system for developing their great resources and for rapidly increasing their population. The energetic plans now in operation for promoting emigration, is a proof of this. It is to be hoped therefore, the members of the I u n Honorable United House will come together in a temper of mind adapted to promote these great ends of public prosperity ; that they will exhibit a patient reconcilement to privations which as co- lonies are not within our reach, and proceed with zeal and energy to avail themselves of those advan^ tages which are so. But,if unfortunately,and notwithstanding the great Agricultural and Commercial advantages as well as those of public improvements which the Union might certainly be made to confer on both Provinces, the opposers of this union continue their endeavors to overthrow it,or by any course of conduct to deprive the Provinces of this fair opportunity of establish^ ing their permanent welfare; if, by these means the Union should be rendered nugatory and of no ef- fect, and should be in consequence dissolved ; let the opposers of it,remember, that the Imperial Par- liament finding their efforts fruitless to restore to the Lower Province a representative form of Govern- ment ; will probably find itself under the necessity of resorting to the ancient form under which this Province was governed in peace and security from 1759 to 1791, namely, by a Governor and Council. That this Council may be modified and liberally enlarged so as to meet the expectations of the intelligent andConmiercial classes of the Province, is probable. But the Ciovernment and Parlia- ment of Great Britain, if they shall have failed in this last effort to confer Representative Govern- 73 ment on the Province, will probably, not try Xk^ issue of another. I now conclude this essay, on the Union of the Provinces. It is offered to the Canadian Public in the fervent hope that it may awaken their at- tention to the great stake that now stands before the Province ; no less a stake, perhaps, than that of its permanent prosperity or its permanent adver- sity. I call on the representatives who shall on this, the greatest epoch that ever happened in the Canadas, have the honor of being deputed to the Honorable United House of Assembljs I call on them, to consider deeply the present crisis of theic country and their own position in it ; and I earneist* ly pray,that the Divine disposer of the fates pf men, will elevate their minds above the baneful influence of party strife, and will endow them with that patient, intelligent and true patriotism which shall lead them to unite in securing to this United Province, the great and permanent advancement of its Agriculture, its Commerce, its public improve- ments, and thereby of its general and individual welfare and prosperity, which I verily believe this Union is capable of bestowing. . ^ HEINRY TAYLOR, ,M' 71 SNUMERATION OF THE CLAUSES OF THE ACT OF UNION WITH THE MOST IMPORf ANT AT FULL LENGTH. I. Whereas it is necessary Ihat provision be made for the good Government of the Provinces of Upper Canada and Lower Canada, in such manner as may secure the rights and liberties, and promote the interests of all classes of her Ma- jesty's subjects within the same : And whereas to this end it is expedient that the said Provinces be re-united and form one Province, for the purposes of Executive Government and Legislation : Be it therefore, enacted by the Queen's Most Excellent Majesty, by and whh the advice and consent of the Lords Spiritual and Temporal, and Commons, ill this present Parliament assembled, and by the Authority of the same. That it shall be lawful for Her Majesty, with the advice of her privy eouncil, to declare, or to athorise the Governor General of the said Two Provinces of Upper and Lower Canada, to declare, by Proclamation, that the said Provinces, upon, from, and after a certain day in such Proclamation to be appointed, which day shall be within fifteen Calendar months next after the passing of this Act, shall form and be one Province, under the name of the Province of Canada, and thenceforth the said Provinces shall constitute and be one Province, under the name aforesaid, upon, from, and after the day so appointed aforesaid. 75 or t II. Repeal of Acts. 31 Geo. III. c. 31, I and 2 Vict. c. 9., 2 and 3, Vict. c. 63, 1 and 2 W. IV., c. 23, 14 G. Ill, c. 88. * III. And be it enacted, That from and after the Re-union of the said two Provinces there shall be within the Province of Canada, one Legislative Council and one Assembly, to be severally cons*, tituted and composed in the manner heneinafter prescribed, which shall be called ** The Legisla- tive Council and Assembly of Canada ; and that, within the Province of Canada, Her Majesty shall have power, by and with the advice and consent of the said Legislative Council and Assembly, to make laws, for the peace, welfare, and good Go- nernment of the Province of Canada, such l|iws not being repugnant to this Act, or to such parts of the said Act passed in the Thirty-first year of the Reign of His said late Majesty as are not hereby repealed, or to any Act of Parliament made or to be made, and not hereby repealed, which does or shall, by express enactment or by necessary in- tendment, extend to the Province of Upper and Lower Canada, or to either of them, or to the Pro- vince of Canada ; and that all such laws being passed by the said Legislative Council and As- sembl3% and assented to by Her Majesty, or as- sented to in Her Majesty's name by the Governor of the Province of Canada, shall be valid and bind- ing to all intents and purposes within the Province of Canada. 76 ^'f# IV. Appointment and qualification of Legislative Councillors. ,,, ^ '.;, , : i . ^ V. Tenure of Office of Councillor. . , , , VI. Resignation of Legislative Councillor. . Vn. Vacating seat by absence. . VIIL Trial of questions. IX. Appointment of Speaker. X. Quorum, division, casting vote, / XL Convoking the Assembly. XIL Representatives for each Province. . XIIL County of Halton, one member. > XIV. County of Northumberland, one member. . XV. County of Lincoln, one member. XVl. Other County constituency of Upper Ca- nada. , XVII, And be it enacted. That the City of To- ronto shall be represented by two members, ant! the Towns of Kingston, Brockville, Hamilton, Cornwall. Niagara, London, and Bytown, shall each be represented by one member in the Le- gislative Assembly of the Province of Canada. XVIII. And be it enacted. That every County which before and at the time of the passing of the said act of Parliament, intituled, " An Act to make temporary provision for the Government of Lower Canada," was entitled to be represented in the Assembly of the Province of Lower Canada, ex- cept the counties of Montmorency, Orleans, L'As- somption. La Chcsnaye, L'Acadie, Laprairie, Dorchester, and Beauce, hereinafter mentioned. 77 shall bo represented by one member in the LegiV lative Assembly of the Province of Canada. XIX. And be it enacted, That the said counties of Montmorency and Orleans shall be united into and form one county, to be called thft county of Montmorency ; and that the said counties of L'As- soraption and La Chesnaye shall be united into and form one county, to be called Leinster; and that the said counties of L'Acadic and Laprairie shall be united into and form one countv, to be called the county of Huntingdon ; and that the couuties of Dorchester and Beauce shall be united into and form one county, to be called the county of Dorchester ; and that each of the said counties of Montmorency, l-einster, Huntingdon, and Dor- chester, shall be represented by one member in the Legislative Assembly of the Province of Ca- nada. • XX. And be it enacted, that the Cities of Que- bec and Montreal shall each be represented by two members, and the Town of Three Kivers and Sherbrooke shall each be represented by one member in the Legislative Assembly of the Pro- vince of Canada. XXL Boundaries of cities and towns to be set' tied by Governor. XXU. ReturniniTj Ofrlcers. XXni. Term of Office of Returning Oiiicer. XXIV. Writs of Elections. XXV. Time and place of holding Election. ^^ XXVI. And be it enacted, That it shall be law- i ? ful for the Legislature of the Province of Canada, by any Act or Acts, to be hereinafter passed, to alter the divisions and extents of the several coun- ties, ridings, cities and towns which shall be re- presented in the Legislative Assembly of the Pro- vince of Canada, and to establish new and other divisions of the same, and to alter the appointment of representatives to be chosen by the said coun- ties, ridings, cities, and towny, respcctivel3% and make a new and diiTerent appointment of the num- ber of representatives to be chosen in and for those parts of the Province of Canada, which now con- stitute the said Provinces of Upper and Lower Canada, respectively, and in and for the several districts, counties, ridings, and towns in the same, and to alter and regulate the nppointment of Re- turning Officers in and for the issuing and return of writs for the election of members to serve in the said Legislative Assembly, and the time and place of holding such elections : Provided always, that it shall not be lawful to present to the Gover- nor of the Province of Canada, for Her Majesty's assent, any bill of the liCgislative Council and As- sembly of the said Province, by which the number of representatives in the Legislative Council and Assembly of the said Province, by which the num- ber of representatives in the Legislative Assembly may be altered, unless the second and third read- ing of such bill in the Legislative Council and the Legislative Assembly, shall have been passed with the concurrence of two-thirds of the members, for * n the time being, of the said Legislative Council, and two-thirds of the members, for the time being, of the said Legislative Assembly, respectively, and the assent of Her Majesty shall not be given to any such bill, unless addresses shall have been presented by the Legislative Council and the Le- gislative Assembly, respectively, to the Governor, stating that such bill has been so passed. XXVIL The present Election Laws of the two Provinces to apply until altered. XXVI IL Qualiticiition of members and decla- ration of candidates for election. XXIX. Persons making false declaration liable to the penalties of perjury. XXX. Place and times of holding Parliament. XXXI. And bo it enacted, that there shall be & session of the Legislative Council and Assembly of the Province of Canada once at least in every year, so that a period of twelve calendar months shall not intervene between the last sitting of the Legislative Council and Assembly in one session and the first sitting of the Legislative Council and Assembly in the next session ; and that every Le- gislative Assembly of the said Province hereafter to be summoned and chosen shall continue for four years from the day of the return of the writs for choosing the same, and no longer, subject nevertheless to be sooner prorogued or dissolveil by the Governor of the said Province* XXXII. And be it enacted, that the Legislative Council and Assembly of the Province of Canada 80 t shall be called together for the first time at some period Dot later than six calendar months alter the time at which the Provinces of Upper and Lower Canada shall become re-united as aforesaid. XXXIII. Election of the Speaker. XXXIV. Quorum, division, casting vote. XXXV. And be it enacted, that no member, either of the Legislative Council or of the Legis- lative Asseoibly of the Province of Canada, shall be permitted to sit or vote therein until he shall have taken and yubscribed trie following oath be- f*^re the Governor of the said Province, or before sc^ie person or persons authorized by such Go- vernor to administer such oath : " I A. B. do sincerely promise and swear, that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, as lawful Sovereign of the United Kingdom of Great Britain and Ireland, and of this Province of Canada, dependent on and belonging to the said United Kingdom ; and that I will defend Her to the utmost of my power against all traitorous conspiracies and attempts whatever which shall be made against her person, crown, and dignity ; and that I will do my utmost endeavour to disclose and make known to Her Majesty^ her heirs and successors, all treasons and and traitorous conspiracies and attempts which I shall know to be against her or any of them ; and all this I do swear witliout any equivocation, men- tal evasion, or secret reservation, and ronouncin;: all pardons and dispensations from any person or II' 81 persons whatever to the contrary. So heip me God." XXXVI. Affirmation instead of oath, as by law established. XXXVI I. Giving or witholding assent to bills. XXXVIII. Disallowance of bills assented to. XXXiX. Assent to bills reserved. XL. Authority of the Governor. XLI. And be it enacted, that from and after the fiaid Ke* union of the said two Provinces, all writs, proclamations, instruments for summoning and cal- ling together the Legislative Assembly of the Pro- vince of Canada, and for proroguing and dissolv- ing the same, and all writs of summons and elec- tion, and all writs and public instruments whatso- ever relating to the said Legislative Council and Legislative Assembly, or either of them, and all returns to such writs and instruments and all journals, entries, and written or printed proceed- ings, of what nature soever, of the said Legislative Council and Legislative Assembly, and of each of them respectively, and all written or printed pro- ceeding and reports of committees of the said Le- gislative Council and Legislative Asssembly res- pectively, shall be in the Ei:glish language only : Provided always, that this enactmant shall not be construed to prevent translated copies of any such documents being made, but no such copy shall be kept among the records of the Legislative Coun- cil or Legislative Assembly, or be deemed in any case to have the force of an original record. XLIL Ecclesiastical and crown rights. ./ m 82 XLIII. Colonial Taxation. XLIV. Courts of Appeal, Probate, Queen's Bench, and ^ Chancery, in Upper Canada; and Court of Appeal in^Lower (/anada. XLV. Powers to be exercised by Governor with the Executive Council, or alone. XLVI. And be it enacted, that all laws, statutes and ordinances, which at the time of the Union of the Provinces of Upper Canada and Lower Ca- nada shall be in force within the said Provinces or either of them, or any part of the said Provinces respectively, shall remain and continue to be of the sameTorce, authority, and effect in those parts of the Province of Canada which now constitute the said Provinces respectively, as if this Act had not been made, and as if the said two Provinces had not been united as aforesaid, except in so far as the same are repealed or varied by this Act, or in so far as the same shall or may hereafter, by virtue aiid under the authority of this Act, be repealed or varied by any Act or Acts of the Legislature of the Province of Canada. M XLVIL Courts of Justice, Commissions, Offi- cers, &c. XLVIIL Provision respectinj^ temporary Acts. XLIX. Repeal of part of 3 G. 4 c. 119. L. Revenues of the two Provinces to form a consolidated revenue fund of the Province of Ca- nada. LI. Consolidated revenue fund to be charged with expence of collection and management. 83 Lll. £45»000 to be granted permanently 6ut of the consolidated fund for the services in schedule A. and .£30,000 for the life of Her Majesty and five years following, for those in schedule B. LIII. How the appropriaton of sums granted may be varied. LIV. And be it enacted, that during the time for which the said several sums of forty-five thou- sand pounds and thirty thousand pounds are seve- rally payable, the same shall be accepted and taken by Her Majesty by way of civil list, instead of all territorial and other revenues now at the disposal of the crown, arising in either of the said Pro- vinces of Upper Canada and Lower Canada, or in the Province of Canada, and that three fifths of the net produce of the said territorial and other re- venues now at the disposal of the crown within the Province of Canada, shall be paid over to the Account of the said consolidated revenue fund; and also duriig the life of Her Majesty, and for fiveyear:, aftor the demise of Her Majesty, the re- maining two fiilhs of the net produce of the said territorial and other revenues now at the disposal of the crov/n within the Province of Canada, shall be also paid over, in like manner, to the account of the said consolidated revenue fund, LV. And be it enacted, that the consolidation of the duties and revenues of the said Province shall not be taken to affect the payment out of the said consolidated revenue fund of any sum or sunts heretofore charged apon the rates and duties al< i ■ S4 ready raised, levied, and collected, or to be raised, levied, and collected, to and for the use of either of the said Provinces of Upper Canada or Lower Canada, or of the Province of Canada, for such time as shall have been appointed by the several Acts of the Legislature of the Province by which such charges were severally authorized. LVL And be it enacted, that the expences of the collection, management, and receipt of the said consolidated revenue fund shall form the first charge thereon ; and that the annual interest of the public debt of the Provinces of Upper and Lower Canada, or of either of them, at the time of the Re-union of the said Provinces, shall form llv ^^ Olid charge thereon ; and that the payments to be made to the clergy of the united church of England and Ireland, and to clergy of the church of Scotland, and to ministers of other christian de- nominations, pursuant to any lav/ or usage where- by such payments, before or at the time of passing this Act, were or are legally or usually paid out of the public or crown revenue of either of the Provinces of Upper and Lower Canada, shall form the third charge upon the said consolidated reve- nue fund ; and that sthe said sum of forty-five thousand pounds shall form the fourth charge thereon ; and that, the said sum of thirty thousand pounds, so long as the same shall continue to be payable, shall form the fifth charge thereon ; and that the other charges upon the rates and duties levied within the said Province of Canada herein- 85 before reserved, shall form the sixth charge there- on, so long as such charges shall continue to be payable. LVII. And be it enacted, that, subject to the several payments, hereby charged on the said consolidated revenue fund, the same shall be ap- propriated, by the Legislature of the Province of Canada, for the public service, in such manner as they shall think proper : Provided always that all bills for appropriating any part of the surplus of the said consolidated revenue fund, or for im- posing any new tax or impost, shall originate in the Legislative Assembly of the said Province of Canada : Provided also that it shall not be lawful for the said Legislative Assembly to originate or pass any vote, resolution, or bill for the appropria- tion of any part or surplus of the said consolidated, revenue fund, or of any other tax or impost, to any purpose which shall not have been first recom- mended by a message of the Governor to the said Legislative Assembly during the session in which such vo^e, resolution, or bill shall be passed* LVin. Townships to be constituted. LIX. Powers of Governor to be exercised sub- ject to instructions of Her Majesty. LX. Magdalen Islands may be annexed to the Island of Prince Edward. LXI. Interpretation clause. LXII. Act may be altered this session. ) I ,-/ i 86 Thus the Union Is eiTected, and it suggests the reflection how long a time and how much perseverance is required for any salu- tary change in public affairs. May it well repay the exertions of all who have accomplished it. For my own part, so deeply do I rejoice, so ardent are my hopes for its success, that it has excited in mc some feeling of the poetic being the second time in my life, I have been excited to verse ; the first was on the passage past my dwelling in tlie har- bour of Halifax, N. S , of the frigate Shannon, and her prize the American frigate Chesapeake, and I hope the reader will accept the following ODE, ON THE GLORIOUS UNION, OF THE CANADAS, OF 10th FEBRUARY, 1841. iBt. Hail spirit of the true patriot soul ! ., Whose mighty force the fates of men control, Awake thy energies on this bright day. And point of wisdom's course the happy way ; Spread o'er this Land, thy watchful spirit true. That Canada no more its lot may rue. 2d. Feign vould the muse, a rapid glance direct, On her past social state, and good effect. On scenes where peace, content, and plenty reign'd. By competence, from industry obtained; Then, all the races of this social spot, Of various origins, ne'er made their lot, (By jarring feuds, or rupture of the laws,) A fertile source of wretchedness, the cause. 87 >AS, 3d. In those glad days, her towns and country too, Were to each other source of joys not few, For straight to markets sure the peasant went, And from ihc wealthy cit, as homeward bent. He counts hi« gains received, he gaily sang. Till to his arms his gladden'd offspring sprang. 4th. And oft' the cit accompanied by the fair, Formed pleasant parties to beguile their care ; Forth to flje humble peasants cot they drive. When Nature's summer joys were all alive ; There, gaily feasting, all the live long day. When evening came, they wend their homeward way. 5tli. But to these peaceful joys at length succeed, Fierce contests politic, the fruitful seed. Of future woe, nurs'd by th' impotent thought, Of power, to set the laws at naught ; Hence long had flow'd, strange discontent 'mong those Who had so many years enjoy'il repose ; A people, free from stern oppression's weight. Show the sad sight of an insurgent state, 6th. Sight unaccountable, and caus'd alone By faith misplacM in leading men of stone j Long had the loyal sons of Britons true, Juot cause these insurrections sad to rue ; But bravely yet, they stemm'd th^ storm ; Clad in bright arms, the firm batallions form, And to their country's banners rush, inspir'd With zeal and force, to guard the laws req\iir'd. ser n.\ Tih. Their zeal» their force. Mfnd the brave British bandy Which Great Britannia gives, to guard our land, Prevail ; and fi>ul rebellion meets its due reward— Long may the lesson serve that race to guard. Who peaceful were, and would have been, till tMh Had not a foolish desp'rate gang, the bliss Of thousands roarrM,and changed their course, From industry's true joys, to lawless force. 8th. Turn now the muse, from tales of by gone woe. To look for future bliss, that soon shall flow, From Union^s power to raise this land f From misery's rude gratip. Lo ! Union's hand, C. Outatretch'd. This day she offers free to all, //' To give fair Freedom's boon, if to her call. We well respond, nor spoil the proffered good. By opposition's jars, and wayward mood j i. The nature of the times requires advance, j As is well proved by England and by France* ^ I i 9th. Yea, haply, if fair wisdom guide our way, If, for Union (born to us this day,) We cherish watchful care ; our Lands, our Ttrade, Our Commerce, Navigation, shall be made To rise in value high, our wants supply. And give to honest labour fair employ. But if by opposition marr'd > This Union fall ; then Canada a hard, r - '! And luckless lot will rue, for soon she'll find, ^ Her constitution gone, and given to the wind. THE END.