MONTREAL. Lt
MONTREAL. |
YY SS SS eS eS
+
A HISTORY
OF THE
LATH PROVINCE
LOWER CANADA PARLIAMENTARY AND POLITICAL
FROM THE COMMENCEMENT TO THE CLOSE OF ITS RXISTENCE AS A SEPARATE PROVINCE.
By ROBERT CHRISTIE,
IN SIX VOLUMES.
VOL, L.
MONTREAL: RICHARD WORTHINGTON,
PUBLISHER AND BOOKSELLER.
1866.
paRr FC
292/
/L66 Vel
Entered, according to act of the Provincial Legislature, in the year one thousand eight hundred and sixty-five, ‘for the protection of copy rights in this province’ by Ricup. Wortninaten, ia the office of the q Registrar of the province of Canada. ,
August, 1865.
TO HIS EXCELLENCY THE RIGHT HONORABLE
JAMES, EARL OF ELGIN AND KINCARDINE,
KNIGHT OF THE MOST ANCIENT AND MOST NOBLE
ORDER OF THE. THISTLE,
x , | HER MAJESTY’S le year . of copy GOVERNOR GENERAL of the ‘ 1865. te
BRITISH NORTH AMERICA,
( Sc., Fe. Fe.
i THIS WORK IS, WITH HIS EXCELLENCY’S LEAVE, RESPECTFULLY INSCRIBED BY
THE AUTHOR.
Sn A Neate int x
INTRODUCTION.
Tnx history of Canada previous to the conquest and thence to the division of the province of Quebec into the two provinces of Upper Canada and Lower Canada, is pretty well understood ; but, of neither of these two late provinces, now reunited, has any complete memo- rial of their separate existence, from first to last, nor any thing beyond pieces of their history, in the english language at least, in so far as has come to the writer’s knowledge, been published. The present is an attempt to supply, with respect to Lower Canada, the desideratum, if such there be in the public mind, and with what fidelity and success, the reader will deter- mine. The constitution of this province, modelled upon that of Great Britain, as far as circumstances admitted, having, after a fair trial of nearly fifty years, and much patience and long forbearance on the part of the imperial authorities, proved a failure, the questions, why ?—and,—how? very naturally present themselves to those, who, happy enough not to have been mixed up with the agitation and intrigues by which the country was allowed too long to be distracted, nevertheless take an interest in its history and welfare, and look for instruction on the subject. The present work may tend to solve those queries.
9
il
In Upper (Canada, the same constitution which, in Lower Canada, was repudiated by its representative assembly, backed as indubitably it was, by the great majority, indeed nearly the whole of the constituent masses throughout this province, worked well and pros- perously for that province, the body of whose inha-- bitants were, it is to be observed, british or of british origin, and who, finding in it the guarantee of their rights, as british subjects, and the faculty of developing the resources, and with them, also the prosperity of the country, and its defence as well against aggression from without as treason within, cherished, and would have fought and died in its defence. Whether it were that the one race had more aptitude and were better quali- fied for the appreciation and use of it than the other, it is not with us to say ; but, from whatsoever cause, the fact always is patent and irrrefutable, that, in the hands of the one it throve, answered the intended purpose, and was appreciated by the people as a bless- ing, the palladium of their privileges, and made available accordingly. Whereas, in those of the other, notwithstanding that during the first twenty-five years of its existence it worked to admiration, it signally failed, turning out, unhappily, something worse than a mere failure. The success in the one instance and miscarriage in the other, are not, however, mentioned with any view of drawing unfavorable compari- sons, but as facts now of history, accomplished and irrevocable, whatsoever may have been the causes, or the consequences past or to come, and upon which the philosophic reader will expend what conjectures his reflection may suggest. But one thing, it would seem
4°
oy a 4 Seamer oe
lich, in entative he great nstituent nd pros- yse inhae: f british of their veloping ty of the ion from uld have vere that er quali- other, it use, the , in the intended a bless- d made e other, e years signally rse than ance and entioned ompari- shed and huses, or hich the ures his uld seem
ea —— @ SS _:
ER Agee te Aap -
ii is certain.—The same spirit that rendered the constitu-
tion abortive, in Lower Canada, survives, and far from
neutralised by the union, still leavens the larger mass,
and though forthe moment stifled in it, -s not the less
actively at work, if recent warnings of sinister augury,
scarcely to be mistaken, are to go for any thing, and
may again produce the same, if not still greater mis- chiefs. It will be for those who are ‘‘ responsible,”’ to look out, and they are probably not inattentive to what is going on.
The present work traces the matters alluded to throughout their progress, from cause to effect, and from origin to result—including the differences between the house of assembly and executive, with respect to the civil list, miscc'Ned ‘ financial difficulties,” there being in the finances themselves, no failure nor embar- rassment whatever, nor any thing more than a misun- derstanding as to the manner, in which the funds to vrovide for that important object should be given ; the assembly setting up pretensions in the matter deemed unconstitutional by the executive, and as such, resisted by it. The pretensions of that body to dictate a reform in the constitution, by insisting upon the introduction of the elective principle in the for- formation of the legislative council, are also fully traced from commencement to term—from the first proposi- tion in the. assembly,and repudiation of the principle by it in adherence to the established constitution, until the period of its formal abdication of the constitution itself, in behalf of the very principle it but recently had repudiated. Such is the progress that innovating notions, foreign, nay, -absurd as they may seem when started,
iV and ill received as they may be, for the moment, will sometimes make, involving favorable or fatal consequen- ces, according to circumstances, times, and the direction they take from these. ‘The writer, however,gives no ver- sion purely hisown,of any of the important public matters submitted to his reader, whom it is his desire faithfully to instruct, by the production of authentic evidences of the facts he relates, or by references to such sources of. information as he thinks are to be relied upon, without exaggeration, or extenuation of any thing.
The actors, in the political drama that will be pro- duced, of whatsoever party they may be, are allowed to tell their own tale, lest the writer should misunder- stand and unintentionally do them injustice, and the reader will consequently have the advantage of judging for himself, of their pretensions and of their doctrines, by their own shewing and the fruits they have produc-
ed. He has endeavoured to guard himself against his
own prepossessions and prejudices, neither approving nor condemning, otherwise than as the matters related bear on their face their approval or condemnation, and to confine himself within the province ofa faithful pioneer of history, recording the things good or evil, ° proper to be remembered either as subjects to be ad- mired and imitated, or to de reprobated and avoided in after times-——beacons upon which those who are to follow us may be guided and shape their course accord- ingly~-relating such matters of ordinary interest, how- ever, as are generally known and admitted to be facts, and which, if not so, may easily be contradicted, for his reader’s information and amusement.
Four distinct and well marked epochis in the history
1)
5
nt, will sequen- irection no ver- matters rithfully ences of
urces of.
without
be pro- allowed isunder- and the judging ctrines, produc-
hinst his
proving related nation,
faithful
pr evil, °
be ad- ided in are to ccord- how- facts, , for
istory
PO
V
of Lower Canada, will be observed by the reader.— Wiyst—from the establishment of the constitution,in 1791 ww. oO, twenty years, during which it worked well and seemed to promise a long and prosperous futurity,
But clouds at the close of this period began to gather— party spirit had set to work, and appealing to national prejudices, began to disturb the harmony between the tworaces, which, till then, had prevailed. Secondly— from 1810, when the assembly spontaneously made the offer to defray all the necessary expenses of the civil government of the province, (which hitherto were only in part defrayed by it, the difference coming from the military chest,) to 1818, when, pursuant to this offer, that house was formally called upon to redeem its pledge and to make, in a constitutional manner, the necessary provision, accordingly.-—This space includes the short period of the american war, the best and brightest in the annals of Lower Canada, and indeed, of the people of both Canadas, and of either origin, each and all intheir respective sections having acquit- ted themselves of their duty, with a loyalty, patriotism, and bravery, of which no country or people ever fur- nished, a nobler example in defence of their homes and their altars. Vhirdly—from 1818 to 1828, during the so called * financial difficulties ;” a period of intrigue, agitation by partisan leaders, and misunderstanding between the house of assembly and the executive rela- tive to the civil list, and other things, resulting in an appeal to the government at home, and parliament of the United Kingdom, by the famous petition of, as pretended, 87,000 lower canadians, complaining of grievances in 1827, and which gave rise to the report
-
’ ie —_———_————_
SS ee ete
v1
by a committee of the house of commons in 1828,
known as, the report of the Canada Committee, acce- lerating still greater mischiefs upon the inhabitants of the two Canadas than the grievances, it no doubt was, in the best faith possible, intended to redress.--And, fourthly and finally—--from 1828, when the “ concilia- tory’? scheme, in pursuance of “‘ the report,’’ came into action, until as anticipated, its perfect abortion, in 1837, by the formal repudiation of the constitution, on the part of the representative body, and the rebellions in various varts of the province, in that and the following: year, in connection with its pretensions, and stimulated by its example and doctrines; eventsin themselves to be deplored, and which brought on, in 1840, the act of reunion, merging the two provinces into one, the pro- vince of Canada, as aremedy, whether the right one or not remains to be seen.
The idea of an elective legislative council, it may here be observed, was first started by Mr. Fox, in the discussion of the constitutional act, for the Canadas, in 1791, but without effect, as alien to the british consti- tution. From this we hear no more of it, till 1328, when Mr. Neilson, one of the bearers of the petition of the pretended 87,000, on canadian grievances, pray- _ ing, among other things, that the constitution be preserved “ intacte,” on his examination before the com- mittee to whom the petition was referred, revived the idea, but did not recommend it, as to his prejudice is generally understood to have been the case. The defective composition of the legislative council, was one of the subjects complained of in the petition. On being questioned by the committee, as to the amend-
in 1828, ee, acce- bitants of yubt was, 3.--And, - concilia- came inte 1, in 1837, yn the part in various ring year, nulated by mselyes to , the act of e, the pro- e right one
i], it may ox, in the anadas, In tish consti- till 1328, petition of
ces, pray- .
itution be re the com- pyived the prejudice 1s ase. The uncil, was ition. On the amend-
Vii
| ments that might be suggested, he is represented t have stated, that an elective councii might be s le j cnough, but that it was contrary to the capaiiee @ and to the wishes even of those whom he re pelo Sand the notion was dropt. We next find it i A ; i duced for discussion in the assembly, by Mr ‘Les i without effect however, the assembly ‘au baits ae ! disposed to countenance the proposition ; but Gnally si ; few years afterwards, we find it revived and insisted ee by the assembly, as a principle which, at all hasiue ' "was determined should be introduced into the Gitaion
Hof the legislative council, repudiating for the sake of it b]
q the fs of R . a . e . : existing constitution, refusing also, as previously
4 defray the ordinary and extraordinary expenses of th government to carry their point, and coerce the cae povernment into the measure. ‘ 4 As to the difficulties-relating to the civil list, Meader will easily see through them. The pur i of igre assembly were too palpabie to be mistaken inlig few hen the offer was first spontaneously veudy, npthie mepere is every Treason to believe, was intended be oo @putting the matter upon a fair and constitiionsl fais ! ind to secure to the representatives of the cquniry their 1 st and rightful controul upon the public Rab Ne r he subject took, however, in the sequel, another btm, q nd became one of great annoyance to the Sa iell mmovernment and to the country. Whatever opinion the j eader may form on this and other matters he will meet with on which difficultics arose, he will nok fa tod j ark and appreciate the unwearied, the exhaustless simatience of the home government throughout the long
Vill
period of the so called financial and other difficulties started in the colony, and which it had to discuss and conciliate, as best it could, but after all could not ;— its earnest and unswerving anxiety to cet at and redress all real and tangible grievances submitted,year after year to it, by the assembly, and to do justice in every possi- ble shape to the people of the province, and in particu- lar to those of french origin, down to the very hour, an evil one indeed, when mistaking a spirit of paternity and conciliation, by the authorities of the empire, for weakness, the more hasty and inconsiderate, deter- mined upon doing themselves justice, by an unwise, and, certainly, under all the circumstances, an unprovoked appeal to the ullfima ratio, putting an end to all further conciliatory steps. The reader will not fait also to perceive that in all the pretensions, however eccentric or unconstitutional, set up by the representa- tive body, it was sustained, from first to last, down to the abdication of its functions and repudiation of the constitution, by the consutuent masses throughout the province, with trifling exceptions, as previously men- tioned. The endeavours cof the home government to conciliate, the determination not to be conciliated by any concesions, it could safely or consistently make, being evident, were viewed from the outset es hopeless, | by all who had observed the origin and progress of the | “grievances,” which finally broke out in rebellion.
Never had the government of the province, since it | had become a part of the british empire, stood in so pres carious a position as at this crisis, for which it was in a @ measure unprepared, although the entire of the forces in | the Canadas was concentrated for an expected rupture in |
1X
difficulties ywer Canada, whither they had been altogether to discuss th drawn from the upper province, by the wise pre- ould not ;=—- Gon of the commander of the forces, and well it was and redress Bt pe had the foresight and prudence to take the ar after year Be caution.—Never, perhaps, had so extraordinary a every pore ange, and as many will insist upon it, causelessly,
d in particu- ery hour, an of paternity »empire, for erate, deter- unwise, and,
n unprovoked n end to all will not faik ons, however e representa- last, down to diation of the hroughout the eviously men- rovernment to onciliated by stently make, t as hopeless, ogress of the
rebellion.
ince, since it tood in so pre= h it was in a @ f the forces in | ted rupture in §
en wrought in the minds of, it is not too much to say, Whole population in so short a period as now mani- ted itself in the Montreal district particularly, where fenty-five years previously, upon the threatened fasion by our neighbours, there was not a man living ho would not have ‘shed his blood in defence of that yernment and constitution, which, in some’ parts @™post toa man, it seemed, they were now as deter- fed and ready to subvert, a consummation ardently Bired in the fever and delirium of the moment, and h the whole of her Majesty’s forces in the country jcted as they were by one of the ablest gene- F in the british army, but with difficulty prevented, 'not without loss of life, and though of little sequence compared to it, much waste of treasure,— Bhow to account for the change? Phrensy, political fenza, sense of wrong—the reader and the casuist call_and attribute it to what they please, but it is of vere duties of the annalist, however painful to him- offensive to others the task, faithfully and without Erness to record the change and the events, and to B to the statesman and the philosopher the study of fas a subject worthy of their consideration. Ht it not for a moment be supposed from anything fas preceded that there is a disposition to undervalue timable qualities, moral and social, of the canadian
ac
x
habitart of french origin. The class is too generall, | known and its virtues acknowledged, to need commenda. tion orcommentary as to character here. Many inde of them have erred, but, who has iiot ?—and may err! again. Unable always to judge for themselves in matter of policy and government, they are, perhaps, too] easily led, and scinetimes astray, by those in whom they Mr” have confided, but the diffusion of education and _ the! light of the press will, by and bye, it is to be hoped,j
dispel the darkness ; and we who live, may yet befor| departing see the day when not a spot upon the
escutcheon of our fellow subjects of french origin bui| shall have been wiped away. |
_ The canadian population of french descent are no}
be it observed, to be judged of morally, or socially, by
the late disturbances,in which numbers of them in ceria quarters,were induced to join, at the instigation of lead. amg ers and political agitators, some of whom at the crisis ,ilmth abandoned and fled from those they had misled. In age" religious, moral, and social sense, the french canadiaimms'! character is not excelled by that of any people in ihm world. He who would be perfectly acquainted witifiimat Jean Baptiste must visit him at his country residen:: imc and abide with him there awhile—if in the winter season imp when the long vetllées afford leisure and opportunity {v conversation, all the better ;—see him in his social an domestic circle, inthe several relations of parent, neigl| bour, and friend, and he will then understand auj appreciate the old gentleman. :
Canada, be it also observed, never was a convict
penal colony to which the offscourings of the motel country, France, were transported. On the contra the greatest care was bestowed by the french goveti
|
aa sng noes
| i | He Hil | | |
s too generally’ need commenda-
Many indec! :P—and may er | selves in matters | 2, perhaps, too] se in whom they} ucation and _ the’ is to be hoped,j may yet befor} spot upon the anch origin but]
xl
ment, from its first occupancy of the country, in the olonization of it; many individuals of the first families
Sin that kingdom, and gentlemen, taking an interest, em-
barking in the enterprise, and emigrating to the colony
Withen called and known as “la nouvelle France,’’ the
nfluence of whose manners and example upon their followers partaking in common with them of the mrbanity of the french disposition, is still conspicuous and characteristic of their descendents. Liberal endow- ments, for the religious needs of the colony, for the justruction of its youth, male and female, for hospitals, prin and other charitable institutions, were made at
lescent are not
lan early period, and on a magnificent scale, as the estates of the late order of Jesuits, those of the seminaries
, or socially, by of them in certai stigation of lead,
hom at the crisis®
ad misled. In 4
> french canadiall
y people in th
acquainted with
untry residency,
lof Quebec and Montreal, and of the various religious communities of ladies in those cities testify. The rovernment, though in its character despotic, was in the reality any thing but that, an exceedingly paternal] pne, providing mild and wise laws, suitable to the infant state of the colony, and fostering its growth by every eans that could be devised, and sparing no expense. n fact, everything was done that foresight and wisdom could suggest ; as ifthe government of France contem-
he winter seasor
Iplated in the colonization of Canada, as no doubt’ it
d opportunity ‘0
Hid, the establishment of a future empire, and were
in his social anf
of parent, neig! understand an
was a convict ( s of the moth® On the contra french goveti
Beiermined to lay the foundations accordingly, broad Band deep, as truly they were, judging of them, as at this day we see them, not in ruins, but still thrifty and thriving under the protection of another not less paternal gominion.
The first and second chapters, it will be perceived, re rather introductory to, than a part of the history
xii itself, of Lower Canada, But the matters they treat A of, being necessary to a right understanding of it, the writer has thought proper to initiate his reader, by Jj submitting to him a sketch of what the province of © ‘Quebec or Canada was anterior to its division into the ¥ provinces of Upper and Lower Canada ;—that is to a
say, fromthe conquest in 1759 and 1760, down to ay
1791, a period of thirty years. The reports of the ay
attorney general Thurlow and solicitor general Wed- ¥
derburne, on canadian affairs, in 1772 and 1778, copious extracts from which are given-in the second chapter, will be found interesting and read with satis- faction. They are from manuscript copies in posses- sion of G. B. Faribault, esq., one of the vice-presidents 4 of the Literary and Historical Society of Quebec,” to whose industry, in the collection of memorials valua- ble to the history of the country, it is much indebted ; and who, having obligingly communicated them to us, with permission to make use of them,we have not failed to take the advantage of his kindness, (and for which these are our acknowledgments to him,) and to quote largely from them, for the information of the reader. | These valuable papers must, in all probability, have been & already published ; but, not recollecting to have seen | them even alluded to in any work on canadian affairs, we have with pleasure and may say, with pride, embodied considerable portions of them in the present. They are splendid and most gratifying proofs of the spirit of justice and liberality towards Canada, that have characterised the statesmen and jurists of our country, from the incorporation of the former with it, and the great empire of which it makes part, and which it is an
ters they treat 4 nding of it, the |
is reader, by
he province of || vision into the # la ;—that is to | 760, down to ss reports of the | general Wed-
72 and 1778, in the second read with satis-
pies in posses- 7 vice-presidents —
y of Quebec,” emorials valua- uch indebted ;
ed them to us, 4
have not failed bnd for which
and to quote of the reader.
lity, have been & to have seen |
adian affairs, | with pride, 1 the present. proofs of the
our country, h it, and the which it is an
nda, that have —
xill sreeable duty to the writer of these lines to put on ecord, as an humble tribute, of his respect for the nemories of the great and good men by whom such oble sentiments were expressed, towards the race and puntry, of whose general history he is endeavouring to ut together a portion for the use of future labourers n the same field. With respect to the extinguishment of Lower Canada, Wis 2 province, and its reunion with Upper Canada, the avriter wishes it to be understood that his work is | tended, neither as an apology for, nor in animadver- ion of the measure, but impartially to record, as of his- pry, those matters that led to it. The reader will judge or himself of its expediency or the reverse, according to he view he may take of them. The history of a people s part of their public property, and not the least valuable f it, and this is but the writer’s contribution to the eneral stock. The intelligent reader, will, it is hoped, jowever, ona perusal of the whole, be able to form a ust opinion upon that important measure, and deter- aine whether, consistently with the integrity of the mpire and the dignity of, its government, the separate istence of Lower Canada as a province, after all that jad occurred, were any longer éndurable, and its sup- ression and reunion with Upper Canada (which by the ame measure, be it also observed, lost in like manner is separate existence) were not, rather than a matter of Bhoice, one of absolute necessity imposed on the imperial mvthorities by the former.. Atall events, the reunion be- mg now a work accomplished and done, not hastily nor | ithout due consideration of the subject,inall its bearings, Pill, probably, not hastily be undone. Confiding more in
XIV
the wisdom of those who have adopted the measure, | than in those who forced:it upon them, we may, % without presumption, entertain the belief, that agitate, 7 not to use a stronger term, who may, for its undoing, the game will scarcely pay, and that the labour may © prove worse than lost. It will, one may reasonably 7 suppose be wiser, taking all things to account, in the a masses, frankly to join in carrying out the views of the | imperial legislature, than to combine in thwarting 4 them, if such be contemplated :—to make it in good faith, © and in the true spirit of british subjects faithful to thei: 4 duty, their allegiance and their interests, work in the 4 right direction, as a measure of internal union and strength for constitutional purposes, ' the promotion and : stability of good government, and above all, the “a grity of the empire, rather than as some polities! sciolists-of the day treacherously would turn it, to =P ig the foundations ,of our whole social and nolitical fabric,
facilitate the progress of treason, and hasten the subju- I 4 ; :
vation of the british north american possessions, or if]
the reader prefer the term, “‘ annexation” to the ambi- | tious republic adjoining us; which heaven in its mercy © and our own prowess, if we must come to blows, averi. i
Quebec, January, 1848.
d the measure, a hem, we may, | of, that agitate, 7 q or its undoing, & the labour may nay reasonably account, in the he views of the
CHAPTER I.
ketch.of Canada from the Conquest, (1759 and 1760) to the passing of * The Quebec Act,” in 1774—Provisions of the Act—It defines the boundaries of the newly «+ acquired dominions constituting ‘ the Province of Que- bec”—Continues the old Civil Laws of the country — ' Establishes the English Criminal ‘Code—Declares the > in thwarting free exercise of the religion of Rome, and confirms the iti dfaith = Clergy in their accustomed dues—The Governot or Com- | Proce ey aith, i mander in Chief for the time being, and a Council ap- faithful to their “ pointed by the Crown, ¢mpowered to make Ordinances , work in the “Mm for the peace, welfare, and good government of the Pro- rnal union and ag Vince, &c.—Opin‘ons of the Act in England—Address of q the General Congress to the inhabitants of the Province of > promotion and |
Ve Quebec. reall, the inte- i os some political: @ turn it, to sap)
7 gt a ae pe FF ee igo as a Sap wali AE yaa) ns
Tue first intervention of the British Parlia- Chap. ment in the affairs of Canada, after the con- political fabric, mggguest, finally achieved by the capitulation of 1760 ._ | Montreal in 1760, and confirmed by the treaty sten the subju- 7a , . 1 sessions, or it mage! Peace between France and England in 1763, sses ; if 9 : ' i: . was in 1774, when two Acts were passed relat- ? to the ambi- Gam. : sat Papen | Gaming to the newly acquired territory, then called . merey “Gm the Province of Quebec.” The one gave it a pmrows, aver! @econstitution and form of government which we Pwehall more particularly notice presently.—The ‘Sayother provided a revenue for defraying. the ‘Y@edministration of justice and support of the “@ecivil government, by the imposition of certain ygduties on spirits and molasses, and which du- ties were in lieu of others enjoyed by the French King previous to the conquest. They were, however, in the total but inconsiderable
A
to 174,
Chap.
to
1774.
ae 1760
2
and far short of the amount annually required for the purposes to which they were rppro- priated, the deficiency being supplied from the Imperial treasury.* | From the conquest to this epoch, fourteen years, the province appears to have been governed generally to the satisfaction of the inhabitants. During the three first years of this period, however, the government was a purely military, though it seems an equitable one, and, indeed, more to the taste, as some will have it, of “ the new subjects,” (as the Canadians were then denominated,) them- selves a brave and military people inured to war and discipline, than that which immedi- ately succeeded it, and perhaps than any that have since followed. The royal proclamation of 1763, by their new Sovereign, King George the third put an end to this, and introduced a
new order, something more congenial to British |
feelings and habits, with the double view of tranquilizing the new subjects, by the intro- duction of a government better suited to pro- tect them in their civil rights and institutions than previously, and of encouraging emigra- tion from home into His Majesty’s newly ac- quired North American dominions. All disputes from this time forward, between the new sub-
jects concerning rights in land and real pro-
property, inheritance, succession to, and divi- sion of the same among co-heirs, continued as
* See the Statutes of 14 Geo. ITI, chapters 83.and 88.
ik OS
required
or. ppro- from the
fourteen ve been nof the years of nt was a quitable as some (as the ) them- ured to immedi- any that lamation George duced a
D British ©
view of e intro- to pro-
itutions _
emigra- twly ac- lisputes ew sub- pal pro- d avi nued as
3
previous to the conquest, to be determined Ci».
according to the ancient customs and civil laws |
of Canada, and by judges conversant with those 1760
laws, selected from among their own country- men ; and these also were the rules of decision in the like matters, between the old subjects of the King who had immigrated hither and settled in the province. Most of these expected, however, that-in all cases wherein they were personally concerned, civilly or criminally, the laws of England were to apply, in confor- mity as they read it, with His Majesty’s pro- clamation, imagining also that in emigrating, they carried with them the whole code otf English civil and criminal laws for their pro- tection.
The criminal law of England following the conqueror, as a matter of right prevailed as the proper code under which the innocence or guilt of “British subjects” on trial ought to be tested, and the new subjects were not long without feeling its superiority over the laws it supplant- ed. In all cases of personal contracts and debts of a commercial nature the English laws, it would also seem, practically ruled, but as in all civilized countries the laws which regulate such matters are nearly the same, they were cheerfully acquiesced in, and although anoma- lies, unavoidable inthe novel and transition state in which the colony and its judicature were placed, did undoubtedly occur in the administration of civil justice occasionally, (there not being wanting those who have
to 774.
Chap. I.
1760 0 1774
4
asserted that there was no fixed rule in admi-
—~ nistering it, justice being sometimes dealt out
according to the one code, and at times accord- ing to the other, and perhaps imperfectly, in reference to either,) it seems clear that justice was intended, and in the main fairly dealt out by those entrusted with it, and indeed to the public satisfaction. This, however, the reader will observe, relates to the period occurring between the conquest and 1774, subsequent to which and down to the division of the pro- vince of Quebec into the two Provinces of Lower and Upper Canada in 1792, great dis- satisfaction at the courts of justice and judges, under the new judicature system arose and con- tinued until it was reformed by Act of the Legis- lature of Lower Canada, in1794, and which also in its turn has been superseded by an Act of the Legislature of Canada in 1843, to what pur- pose remains to be seen, but little, if we are to credit those practising in the courts of law, and admitted as the best qualified to judge of it, better than the previous system, if so good, yet infinitely more costly to the province. Considerable anxiety prevailed, neverthe- less, during the former period, ( 1763 to 1774 ) as to the system of laws that was permanently to rule; eaeh class of subjects,
old and new, looking for the prevalence —
of that with which they were most fami- liar, and consequently considered the best, the old subjects holding out for the English laws, which they insisted had been promised
EE ors PP Lae Oe MIRE + Stehiped
in admi- dealt out $ accord- fectly, in at justice dealt out ed to the 1e reader yecurring quent to the pro- vinces of reat dis- 1 judges, and con- e Legis- hich also ct of the at pur- € are to aw, and Pe of it, Dod, yet
verthe- 763. to at was bjects,
alence —
fami- best, nglish pmised
ee te Pe ee ee ee
5
and guaranteed to them, by His Majesty’s pro- chap clamation ; and the new, for their ancient cus- |:
iin
toms and usages, by which, during a long >,
series of years their civil rights, possessions, | t and property, had been regulated and secured ''”' to them, and which also they maintained were secured to them by the capitulations of Quebec in 1759, and Montreal in 1760, and finally by the treaty of peace in 1763, between France and England.
There was, moreover, a general uneasiness both among the old and new subjects with respect to the constitution of government that might finally be established in the pro- vince, the former looking for one such as they were accustomed to,—a government partaking of a representative character, which the latter rather deprecated than desired, apprehensive that in the more skilful hands of their fellow subjects of the other origin it might be turned to their disadvantage.— In fact, they looked rather to the preser- vation of their laws and institutions, their civil and their social rights which they per- fectly understood and appreciated, thanto any of a political nature to which they were entire strangers ; self-government, politics and legisla-
tion being quite out of their sphere, and beyond
their aspirations. The government of a single individual, or governor aided by acouncil or a certain number.of advisers, was perfectly intel- ligible to them, and such as they had been
_&§ actustomed to, and if honest and upright, all
6
bo tit
Mh | Chap. they desired. A constitution consisting of a | '- governor and two branches, was quite new to ‘176 the great body, who could not understand their 0, meaning or purposes, and therefore considered | “the whole as an English invention, (invention Anglaise,) intended to cheat them of their | rights, and, in the long run, their money ; and how far they may have been right or | wrong in their suspicions casuists may deter- ! mine if they can. But of such a government ii} and constitution they had no correct concep- | tion, and few in the mass were then qualified | to partake of it, if established. Nor in the \ opinion of the British government, had the i time as yet arrived, when the state and cir- : cumstances of the province would admit of a constitution modelled after that of England,’ and, accordingly, the legislation of the country was entrusted to a governor and legislative | ty council appointed by the crowa, in conformity
| to the provisions of * the Quebec Act.” all This act was exceedingly unpopular in Eng- land as well as unsatisfactory to the old sub- * jects or British settlers in Canada, and besides gave umbrage to the neighbouring colonies then on the eve of revolt, which it contributed to accelerate.* It was, however, just in its
aa a
* Authgntic copy ofan Address and Pelition presented lo the 7% King by the Corporation of London, previous to His Majesty = signing the Bul for the better government of Quebec :— @
‘«¢ To the King’s Most Excellent Majesty. q
*« Most Gracious Sovereign. | ‘«« We your Majesty’s most dutiful and loyal subjects, the Lord Mayor, Aldermen .atd *Gommon Council of the city of London, in common council assembled, are exceedingly alarmed that a bill has passed
sting of a fe new to tand their onsidered ‘invention
of their / money ; right or yay deter- yvernment | concep- qualified or in the had the >and cir- idmit of a
England,
e country
d besides colonies ntributed st in its
sented lo the His Majesty
Lord Mayor, , incommon ) has passed
*
7
suited to the country, and worked well.
The population of the province at this time, 474,
1774, is variously stated. “ The Quebec Act” states it at ‘over sixty-five thousand,” and in other quarters it is asserted, upon what data does not satisfactorily appear, at a hundred and twenty thousand. ‘The truth may lie half way between the extremes or thereabout, but even this is but conjecture.. The revenue as
your two houses of Parliament, entitled an “ An Act for making more ‘« effectual provision for the government of the province of Quebec, in
_ « North America,”? which we apprehend to be entirely subversive of
the great fundamental principles of the constitution of the British mo- narchy, as well as of the authority of various solemn acts of the legislature.
« We beg leave to observe, that the English law, and that wonder- ful effort of human wisdom, the trial by jury, are not admitted by this
@ billinany civil cases, and the French law of Canada is imposed on all
the inhabitants of that extensive province, by which both the persons
® and properties of very many of your Majesty’s subjects are rendered
insecure and precarious.
‘© Wehumbly conceive, that this bill, if passed into a law, will be contrary, not only with the compact entered into with the various set- tlers, of the reformed religion, who were invited into the said province under the sacred promise of enjoying the benefit of the laws of your
me government.
?
a p
4g
‘ That, consistent with the public faith pledged by the said proela-
4 mation, your Majesty cannot erect and constitute courts of judicature
™ and public justice for the hearing and determining all cases, as well ®@ civil as criminal, within the said province, but as near as may be @ agreeable to the laws of England ; nor can any laws, statutes, or ordi- nances, for the public peace, welfare, and good government of the said * province, be made, constituted or ordained, but according to the laws of this realm.
‘ Vhat the Roman catholic religion, which is known to be idolatrous
F and bloody, isestablished by this bill, and no legal provision is made
for the free exercise of our reformed faith, ncr the security of our pro-
am =testant fellow-subjects of the church of England, in the true worship of
Almighty God, according to their consciences. ‘‘ That your Majesty’s illustrious family was called to the throne of
| these kingdoms in consequence of the exclusion of the Roman-catholie _ ancient branch of the Stuart line, under the express stipulation that
m provisions towards the King’s new subjects, Chap.
to
1774,
| realm of England, but h..ewise repugnant to your royal proclamation _ of the 7thof October, 1763, for the speedy settlement of the said new
jas soca” en pie _
Se ee ST aerate el
Chap. I,
ww 1760
to 1774,
8
previously stated was slender. According to Mr. Smith, (History of Canada) the whole duties on wine and spirituous liquors collected at the port of Quebec, for the three years rans 1766, only amounted to £2,327,
alifax currency. By the Receiver General’s accounts, observes the same gentleman, the territorial revenue for the thirteen years from Ist May, 1775, to 1st May, 1788, comprehend-
they should profess the protestant religion, and according to the oath established by the sanction of parliament in the first year of the reign of our great deliverer King William the Third, your Majesty at your coronation has solemnly sworn that you would, to the utmost of your power, maintain the laws of God, the true profession of the Gospel, and the protestant reformed religion established by law.
That although the term of imprisonment of the subject is limited to three months, the power of fining is left indefinite and unrestrained, by which the total ruinof the party may be effected by an enormous and excessive fine.
«“ That the whole legislative power of the province is vested in per- sons to be wholly appointed by your Majesty, and removable at your pleasure, which we apprehend to be repugnant to the leading prinei- ples of this free constitution, by which alone your Majesty now holds, or legally can hold, the imperial crown of these realms.
“ That the said bill was brought into parliament, very late in the present session, and after the greater number of the members of the two houses were retired into the country, so that it cannot fairly be pre- sumed to be the sense of those parts of the legislature,
«“ Your petitioners, therefore, most humbly supplicate your Ma- jesty, as the guardian of the laws, liberty, and religion of your people, and of the great bulwark of the protestant faith, that you will not give your royal assent to the said bill.
** And your petitioners, as in duty bound, will ever pray.”
ere metnenrt
Extract of an Address to the people of Great Britain, from the Delegates appointed by the several Knglish Colonies of New Hampshire, : Massachusetts Bay, Rhode Island, and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, the lower Counties on Delaware, Maryland, Virginia, North Ca- rolina, and South Carolina, to consider of their grievances in General Congress, at. Philadelphia, September 5th, 1774 :—
‘« Well aware that such hardy attempts (to take our property from 1ws—to deprive us of that valuable right of trial by jury—to seize our persons, and carry us for trial to Great Britain—to blockade our ports
sording to he whole collected ree years . £2,327, General’s eman, the rears from nprehend-
ling to the oath ‘st year of the
your Majesty would, to the true profession blished by law. ibject is limited id unrestrained, yy an enormous
8 vested in per- ovable at your leading prinei-
psty now holds,
ery late inthe tbers of the two fairly be pre-
cate your Ma-
of your people, bu will not give
ay.”
Britain, from onies of New d Providence Pennsylvania, a, North Ca- prrievances in 1774 e—
property from r—to seize our kade our ports
9
Bsury, not equal to ten thousand pounds sterling.
lof the Province of Quebec. It set aside all
October, 1763, pursuant to which the province ad since been governed, the same having, it Wiwas said in the Act, upon experience, been found inapplicable to the state and circum- sstances of the province, the inhabitants whereof amounted at the conquest to over sixty-five thousand persons professing the religion of the Wchurch of Rome, and enjoying un established Waform of constitution and system of laws by @ewhich their persons and property had been to destroy our charters, and change our fotms of government) would occasion, and had already occasioned great discontent in all the colo- bies, which might produce opposition to these measures, an act was passed ‘to protect, indemnify, and screen from punishment, such as ight be guilty even of murder, in endeavouring to carry their oppres- @aesive edicts into execution ;”’ and by another act “ the dominion of Ca- agnada is to be so extended, modelled, and governed,” as that by being disunited from us, detached from our interests, by civil as well as reli- zious prejudices, that by their numbers swelling with catholic emi- grants from Europe, and by their devotion to administration, so friend~ ly to their-religion, they might become formidable to us, and, on occa- sion, be fit instruments inthe hands of power, to reduce the ancient free protestant colonies to the same state of slavery with themselves. _ “ This was evidently the object of the act: and in this view, being
m@eextremely dangerous to our liberty and quiet, we cannot forbear com- Bplaining of it, as hostile to British America.—Superadded to these
ft has reduced the many English settlers, who, encouraged by the loyal proclamation, promising the enjoyment of all their rights, have purchased estates in that country. They are now the subjects of an irbitrary government, deprived of tria) by jury, and when imprisoned
and palladium of English liberty :—nor can we suppress our astonish-
Ment, thata British parliament should ever consent to éstablish in that
ountry a religion that has deluged your island in blood, and dispersed
Gee piety, bigotry, persecution, murder, and rebellion, through every artof the world,”
provisions under the royal proclamation of 7th
Eonvictions, we cannot help deploring the unhappy condition to which |
fannot claim the benefit of the habeas, corpus act, thut great bulwark ~
ing arrears, was in actual receipt at the trea-chap.
I.
“ The Quebec Act” defined the boundaries 5745
to
Chap.
I.
10
protected, governed and sidered for a long series of years, from the first establishment of
1769 Canada ; ard it reinstated, or rather continued
to 1774.
and established the civil laws of the country, which practically, with respect to property and civil rights, had been observed since the con- quest, as just stated.
The existing commission, under authority of which the government was administered, and all ordinances by the governor and council of Quebec, for the time being, relative to the civil government and administration of justice, and all commissions to judges and other officers were revoked and made null by the Act. The exercise of the Roman catholic religion was declared free, and the clergy thereof maintain- ed in their accustomed dues and rights, with respect to such persons only as professed the
said religion, which thus, became established
by law, in this part of the British empire in virtue of an Act of Parliament, while. at home, and in other parts of the empire, persons pro- fessing the religion of Rome still laboured unde: the most galling disabilities on account of their religious creed. 7 All His Majesty’s Canadian subjects within the Province of Quebec, the religious orders and communities only excepted, (nor were any of these, in fact, ever divested of their pro- perty, of which to the present time they remain in undisturbed possession, except the Jesuits, whose order had been suppressed by a papal brief,) were secured in their properts
or a long shment of continued > country, yperty and > the con-
ithority of ered, and council of ve to the of justice, er officers Act. The igion was * maintain- yhts, with fessed the stablished empire in bat home, rsons pro- red under nt of their
ts within pus orders were any their pro- ime they xcept the ressed by
properts
a °
1]
ive thereto, and all other civil rights to
he fullest extent consistent with their alle- 765
iance to His Majesty, and subjection to he crown and parliament of Great Britain, it being specially enacted that in all matters of ontroversy relative to property and civil rights, resort should be had to the laws of Canada as the rule for the decision of the same, liable, however, to alteration by any ordinances of the Governor and_ Legislative Council that might
pe made for that purpose. |
_ The criminal law of England, “ the certainty and lenity” whereof, and the benefits and ad- vantages resulting from the use of which, it
Wwas also observed in the act, had been sensi-
bly felt by the inhabitants from an experience of more than nine years during which it had been uniformly administered, was continued and to be observed as law to the exclusion of every other criminal code which might have prevailed before 1764, but subject in like
@manner to modification and amendment by
ordinances of the Governor and Council.* a His Majesty was authorised to appoint a ouncil for the affairs of the Province, con-
F * 1n1752, Pierre Beaudoin dit Cumberland, with three others, sol- diers in a corps called ‘¢ Détachement des Troupes de la Marine,’’ then in garrison in the town of Three Rivers, were accused of having set fire to the Town, in different places, on the night of the 21st May. The crime of arson was proved by witnesses against Beaudoin, but he was laced on the rack in order to discover‘whether he had any accomplices. ie suffered this punishment without making any declaration, and was
finally executed. _ The punishment of the rack was frequently applied to criminals, and 1 one Instance ona female for having hidden the birth of an illegitimat.
and possessions, customs and usages rela-c
1
hap. I.
to 774,
Chap.
ad e ° 7 1769 consent of the governor,or commander in chie! |
to
1774.
‘ 12
sisting of not more than twenty-three, nor less @ . than seventeen persons, which council, with §
for the time being, was to have power to make | se ordinances for the peace, welfare and good @. government of the province. They were not, # however, to lay on any taxes or duties ex- @
cept ‘such as the inhabitants of any town or #,, district might be authorised to assess ani levy within its own precincts for roads or 7, other local conveniences :—No ordinance @, touching religion nor by which any punish- ments could be inflicted greater than fine (which, however, as to amount, strange to say, was unlimited,) or imprisonment for three months was to have any force or effect until it received his Majesty’s approbation ;—nor were any ordinances to be passed at any meet- ing of the Council where less than a majority of the whole body should be present; nor at] any time except between the first of January and first of May, unless upon some urgent occasion, in which case, every member thereof! resident at Quebec, or within fifty miles cf it, was personally to be summoned by the Gover- nor. Every ordinance passed was to be trans-@ mitted within six months next after enactmeni,
t child.—In another instancea negro female, for having set fire to hier ] master’s house, was condemned to be burnt at the stake, after having r been hung on the gallows.
The authenticity of the above taken from old manuscript judicial re- BRO ut cords and papers in possession of G. B. Faribault, Esqr., one of the Vic¢ ;
Presidents of the Literary and Historical Society of Quebec, may be re- lied upon.—It shews that the rack actually was in use in Canada, «1 4 very short period before the conquest.
ee, nor less |
uncil, with
ider in chief |
wer to make | 2 and good | y were Not, duties ex- ny town or assess and rr roads or | ordinance any punish > than fine ange to Say, t for three effect unt! yation ;—nor at any meet- a majority sent; nor at of January ome urgent ber thereof miles cf it, the Gover-
to be trans-@
enactmeni,|
ing set fire to her stake, after having
script judicial re- hr., one of the V ic¢ uebec, may be 'e- se in Canada, “ 4]
13
were ,romulgated at Quebec.
. Pry ie 1760 , Such were the principal provisions of this to important Act, known as ‘“ the Quebec Act,” 1714.
which gave to the conquered people of Canada almost a national existence, and under which the province was governed until divided into the two provinces of Upper and Lower Cana- da, that is to say, from October 177-4, when the Act came imto operation, to the 26th December 1791, when the provisions of ano- ther Act (31 Geo. 3, ch. 31,) of still greater importance superseded it by the constitutions conferred upon those provinces, which also in their turn, owing to the failure of that of Lower Canada, after a fair trial of nearly fifty years,
git has been found necessary in like manner Mio supersede by the reunion of those pro- vinces effected by a recent Act (3 and 4 ‘ict. ch. 35,) of the parliament of the United
Kingdom. Several useful laws were passed during this régime, and in particular that relating to the Habeas Corpus, by an ordi- nance in 1785, intituled ‘“ An Ordinance for ‘ securing the liberty of the subject and for f‘ the prevention of imprisonment out of the Ff Province.”
| The American revolutionary war breaking out shortly after the passing of the Quebec Act, matters in Canada remained in a state of Suspense during the war, in which the new subjects feeling little or no interest took no B
for His Majesty’s approbation, and if disallow- chap. ed to be null from the time the disallowance !:
14
Chap. Very decided or active part. It was a qvarrel, !. between Great Britain and her own offspring, ‘750 the motives to which, on either side, were to foreign to the inhabitants of the recently. ac- ™: quired possessions, peopled by inhabitants of | French descent. ‘hey, indeed, could scarcely § be expected, in the transition they so re- cently had undergone from the dominion of their hereditary monarch to that of a foreign king whose beneficence they were but begin- ning to feel, as yet cordially to espouse the cause of the latter ina matter which could have so little bearing, as they understood it, @ on their immediate interests. There were in- | stances, it is true, of defection and of consi- | derable marauding parties attendant upon and § in the trail of the provincials from New England, who in 1775 and subsequently made irruptions into Canada, in the revolutionary service, and from which they were driven with disgrace, after suffering a signal defeat at Quebec, by a handful of sailors and loyal citizens of the two origins, | who had organized: themselves for its defence, | —and there were also, it should be observed, instances of adherence on the part of several of His Majesty’s new. subjects, of active loyalty and of services highly honorable to them, which it needs not the pen that traces these lines to commemorate.—T hey are already inscribed on the page of history, by abler pens—But there was no rising en masse, no organization for co- operation in the revolutionary cause, nor, so far as we know or can learn, agitation with
le > Mt i. i i a a we ee
as a qvarrel | vn offspring, |
side, were recently. ac-
ihabitants of | uld scarcely §
they so re-
dominion of @
of a foreign e but begin- espouse the which could
nderstood it, |
ere were in- nd of consi- int upon and! ew England, e irruptions Bervice, and sgrace, after by ahandful
two origins, | its defence, |
be observed, of several of tive loyalty hem, which ese lines to nscribed on But there ation for co-
se, nor, so itation with
15
ny such view among any considerable portion Chap. ™f, or influential persons of the Canadian peo-
»le.—On the contrary, those who at that period 4760
yossessed their confidence and were looked up by them, are known to have rejected all propositions, conveyed through delegates and xthers from the revolutionary authorities in the volted colonies, of a character to disturb their llegiance, or to sever Canada from its de- endence upon the British Crown.* Some
By ill probably be of opinion, that all things con-"
idered, it was enough (and so it may be) that ey did not turn upon their recent conqueror in he time of his need, and that to their forbear- nee or supineness, the reader may view it as e pleases, the preservation of the Colony to
(reat Britain is.mainly due.- This, however,
but a negative kind of merit, and in sober
ruth, may be all that can be claimed for them bn that occasion. Respect to one of more recent date and still
But not so, however, with
treater importance, as will be seen as we pro-
peed, in which the zeal, unshaken loyalty, and
bctive service of the Canadian population, co-operation with their fellow-subjects of
British origin im both Canadas, saved them , rom the grasp of our greedy and insatiable | heighbours, (as in case of need they again)
vould,) in the war of 1812 against England, } yainly counting upon the disloyalty and treason|
=f her North American Provinces, and in parti-, ae ular of her subjects of French origin in Lower
f * See t'e Address at the end of this Chapter.
to
1774.
+
pr
16
Chap. Canada, in which they were woefully in error, as, to their cost, they found. |
“760 ~+«It is not intended, as the reader will have |
understood from the title page, to go into the
to 1774,
military operations in Canada during the Ame- | rican revolutionary war. They are only inci- § dentally here alluded to, as illustrative toa cer- §
tain degree of the state of the country, feeling and disposition of the population that afterwards constituted the Province of Lower Canada, a sketch of whose ~olitical history, during its late
constitution and existence asa province, we | are endeavoring to lay before him. That part of
the province of Quebec which subsequently became Upper Canada was then little better than a vast wilderness. If the writer, as it is his desire, shall succeed in recording faithfully and impartially, things as they have occurred, explaining those that have been misrepresented from party spirit or by malevolence, or that in good faith have been misunderstood, ‘and in pointing out the course, which, while followed by our good ship, “ the Constitution,” was pres- perous and promised us the most successful results, and above all, in marking the fatal shoals and rocks carefully to be hereafter avoided by succeeding voyagers, upon which, in deviating from the proper route, it finally was cast away, his object will be accomplished. He is fully aware of the difficulty of the task he is imposing upon himself.—That he has to guard against his own prepossessions and pre- judices—that his work is one merely of narra-
—
q AAS
=—_noe 2: @®
7 th _z,
illy in ervor,
r will have go into the
ng the Ame- | ‘e only inci- j
tive to a cer- try, feeling it afterwards * Canada, a uring its late rovince, we
That part of |
ubsequently little better iter, as it is ng faithfully e occurred, represented >, or that in ood, and in le followed ” -was pros-
successful g the fatal e hereafter pon which, e, it finally omplished. of the task at he has to s and pre- y of narra-
17
ts progress. 1760
————_—— to Qddress of the General Congress to the Inhabitants of the 1774. Province of Quebec.
Mae ricnds and Fellow-subjects, We, the delegates of the colonies of New-Hampshire, Massachusetts Bay, Rhode Island, and Providence Plan- tions, Connecticut, New York, New-Jersey, Pennsyl- ania, the counties of Newcastle, Kent and Sussex on the Delaware, Maryland, Virginia, North-Carolina, and South- arolina, deputed by the inhabitants of the said Colonies, p represent them in a.general congress at Philadelphia, in he province of Pennsylvania, to consult together of the best methods to obtain redress of our afflicting grievances, having accordingly assembled, and taken into our most seri- bus consideration the state of public affairs on this conti- pent, have thought proper to address your province, as a member therein deeply interested. | When the fortune of war, aftera gallant and glorious esistance, had incorporated ‘you with the body of English subjects, we rejoiced in the truly valuable addition, both on our own and your account; expecting, as courage and penerosity are naturally united, our brave enemies would become our hearty friends, and that the Divine Being would bless to you the dispensations of his over-ruling Providence, by securing to you and your latest posterity the inestimable advantages of a free English constitution of government, Sawhich it is the privilege of all English subjects to enjoy. These hopes were confirmed by the King’s proclamation, jssued in the year 1763, plighting the public faith for your full enjoyment of those advantages.
Little did we imagine that any succeeding ministers vould so audaciously and cruelly abuse the royal authority, fs to withhold from you the fruition of the irrevocable rights, to which you were thus justly entitled.
But since we have lived to see the unexpected time, vhen ministers of this flagitious temper have dared to vio- ate the most sacred compacts and obligations, and as you, | B2
on and not of creation, and that he must not chap. yse sight of these important considerations in
3 2455 1S ee amos Nak ala i, pent ac ee
——
Chap,
18
educated under another form of government, have artfully been kept from discovering the unspeakable worth of that
“~~ form you are now undoubtedly entitled to, we esteem it our
1760 lo 1774,
duty, for the weighty reasons hereinafter mentioned, to explain to you some of its most important branches.
** In every human society, (says the celebrated Marquis Beccaria) there is an effort continually tending to confer on one part the height of power and happiness, and to reduce the other tothe extreme of weakness and misery. The intent of good laws is to oppose this effort, and to diffuse
. their influence universally and equally.”
Rules stimulated by this pernicious ‘ effort,” and sub- jects, animated by the just intent of opposing good laws against it,’’ have occasioned that vast variety of events, that fill the histories of so many nations. All these histo- ries demonstrate the truth of this simple position, that to live hy the will of one man, or set of men, is the production of misery to all.
On the solid foundation of this principle, Englishmen reared up the fabric of their constitution with such a strength, as for ages to defy time, tyranny, treachery, inter- nal and foreign wars: and as an illustrious authors of your nation, hereafter mentioned, observes, ** They gave the people of their colonies the form of their own govern- ment, and this government carrying prosperity along with it, they have grown great nations in the forests they were sent to inhabit.”
in this form the first grand right is, that’of the people hav- ing a share in their orn government, by their representa- tives, chosen by themselves, and in consequence of being ruled by laws which they themselves approve, not by edicts of men over whom they have no controul. This-is a bul- wark surrounding and defending their property, which by their honest cares and labours they have acquired, so that no portions of it can legally be taken from them, but with their own full and free consent, when they in their judg-
-ment deem it just and necessary to give them for public
services ; and precisely direct the easiest, cheapest, and most equal methods, in which they shall be collected.
* Montesquieu,
have artfully worth of that 2 esteem it our mentioned, to 1aches. yrated Marquis g to confer on and to reduce misery. The and to diffuse
fort,” and sub- jing good laws ety of events, ll these histo- on, that to live e production of
>» Englishmen
with such a eachery, inter- uthore of your ‘hey gave the
own govern- psperity along he forests they
e people hav- ir representa- hence of being
not by edicts This is a bul- y, which by uired, so that em, but with n their judg- m for public heapest, and lected.
19
people, they may retain it, until their grievances are re- jressed ; and thus peaceably procure relief, without trust- ng to despised petitions, or disturbing the public tranquillity. ‘The next great right is that of trial by jury. This pro- ides, that neither life, liberty; nor property can be taken rom the possessor, until twelve of his unexceptionable ountrymen and peers, of his vicinage, who from their neighbourhood may reasonably be supposed to be acquaint- «i with ois character, and the characters of the witnesses, upon a fair trial, and full enquiry, face to face, in open court, before as many of the people as choose to attend, shall pass their sentence upon oath against him; a sentence that cannot injure him, without injuring their own reputa- tion, and probably their interest also ; as the question may turn on points that, in some degree, concern the general welfare: and if it does not, their verdict may form a prece- cent, that, ona similor trial of their own, may militate against them.
Another right relates merely to the liberty of the person. if a subject is seized and imprisoned, though by order of sovernment, he may, by virtue of this right, immediately obtain a writ, termed a Habeas Corpus, from a judge,whose sworn duty it is to grant it, and thereupon procure any ille- gal restraint, to be quickly enquired info and redressed.
A fourth right is, that of holding lands by the tenure of easy rents, and not by rigoréus and oppressive services,
frequently forcing the possessors from their families “and
their business, to perform what ought to be done, in all
well regulated states, by men hired for the purpose.
The last right we shall mention, regards the freedom of the
press. The importance of this consists, besides the advance- -ment of truth, science and morality, and arts in general, in | its diffusion of liberal sentiments on the administration of }government, its ready communication of thoughts between ; subjects, and its consequential promotion of union among
them, whereby oppressive officers are shamed ‘or intimi- dated into more honourable and just modes of conducting affairs.
These are the invaluable rights that form a considerable
‘The influence of this right extends still farther. If money Chap. is wanted by rulers, who have in any manner oppressed the _ I.
Chap. §
20
part of our mild system of government: that sending its equitable energy through all ranks and classes of men, de-
\ev~ fends the poor from the rich, the weak from the powerful, the
1760 to 1774,
industrious from the rapacious, the peaceable from the vio- lent, the tenants from the lords, and all from their superiors.
These are the rights, without which a people cannot be free and happy, and under the protection and encouraging influence of which, these colonies have hitherto so amaz- ingly flourished and increased. These are the rights a prof- ligate ministry are now striving, by force of arms, to ravish from us, and which we are, with one mind, resolved never to resign but with our lives.
These are the rights you are entitled to, and ought at this moment in perfection to exercise. And what is offered to you by the late act of parliament in their place? Liberty of conscience in your religion? No. -God gave it to you; and the temporal powers with which you have been and are von- aected firmly stipulated for your enjoyment of it. If laws divine and human, could secure it against the despotic capa- cities of wicked men, it was secured before. Are the French laws in civil cases restored? It seems so. But observe the cautious kindness of the ministers who pretend to be your benefactors. The words of the statute are, that those * laws shall be the rule, until they shall be varied or altered by any ordinances of the governor and council.” Is the “ certainty and lenity of the criminal law of England, and its benefits and advantages,”? commended in the said statute, and said to ** have been sensibly felt by you,” secured to you and vour descendants? No. They too are subject to arbitrary ‘¢ alterations” by the governor and counci: ; and a power is expressly reserved of “ appointing such courts of criminal, civil, and ecclesiastical jurisdiction, as shall be thought pro- per.” Such is the precaripus tenure of mere will, by which you hold your lives and religion.
The crown and its ministers are empowered, as far.as they could be by parliament, to establish even the inquisition itself among you. Have you an assembly composed of wor- thy men eleeted by yourselves, and in whom you can con- fide, to make laws for you, to watch over your welfare, and to direct in what quantity, and in what manner your money shall be taken from you? No. The power of making laws
at sending its s of men, de- : powerful, the from the vio- heir superiors. ple cannot be id encouraging lerto so amaz- - rights a prof- rms, to ravish resolved never
d ought at this t is offered to e? Liberty of it to you; and n and are von- yf it. If laws despotic capa- ire the French ut observe the pnd to be your t those * laws altered by any he * certainty id its benefits ute, and said led to you and t to arbitrary d a power is
8 of criminal, > thought pro- vill, by which
ed, as far. as e inquisition osed of wor- ou can con- welfare, and our money naking laws
Bhas subjected you to the imposition of excise, the horror o
21
for you is lodged ia the governor and council, all of them des Chap. § pendent upon, and removeable at the pleasure of a minister. |. -—Besides, another late statute, made without your consent, “~~
{ 1760 . 0 ill free states; they wresting your property from you by the j774,
‘most odious taxes, and laying open to insolent tax-gatber-
ers, houses the scenes of domestic peace and coinfort, and
Bcalled the castles of English subjects in the books of their
laws. And in the very act for altering your government, and intended to flatter you, you are not authorised to * assess,
levy, or apply any rates and taxes, but for the inferior pur-
poses of making roads, and erecting and repairing public buildings, or for other local conveniences, within your respective towns and districts.’ Why this degrading dis-
Hinction? Ought not the property honestly acquired by Ca-
nadians to be held as sacred as that of Englishmen? Have not Canadians sense enough to attend to any other
public affairs, than gathering stones from one place and pil-
ing them upin another? Unhappy people! who are not
jonly injured, but insulted. Nay more !—With such a super- lative contempt of your understanding and spirit has an inso- lent ministry presumed to think of you, our respectable fel- low-subjects, according to the information we have received,
as firmly to persuade themselves that your gratitude, for the injuries and insults they have recently offered to you, will engage you to take up arms, and render yourselves the ridi- cule and detestation of the world, by becoming tools, in
their hands, to assist them in taking that freedom from us, @ which they have treacherously denied to you ; the unavoid-
able consequence of which attempt, if successful, would be the extinction of all hopes of you or your posterity being ever restored to freedom : for idiotcy itself cannot believe, that, when their drudgery is performed, they will treat you With Jess cruelty than they have us, who are of the same blood with themselves.
What would your countryman,the immortal M ontesquieu, have said to such a plan of domination, as has been framed
We yout Hear his words, with an-intenseness of thought
uited to the importance of the subject.—-‘* In a free state, every man, who is supposed a free agent, ought to be con- cerned in his own government ; therefore the legislative
22 a should reside in the whole body of the people, or their repre- sentatives.” —“ The political liberty of the subject is a tran-
et ial
i769 (Ueliity of mind, arising from the opinion each person ha:
9 of his safety. In order to have this liberty, it is requisite
1774 the government be so constituted, that one man need not be afraid of another. When the power of making laws, Bn the power of executing them, are united in the same pei: | son, orin the same body of magistrates, there can be no | liberty ; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to emecul: them in a tyrannical manner.”
«© The power of judging should be exercised by persons taken from the body of the people, at certain times of the year, and pursuant to a form and manner prescribed by law. There is no liberty, if the power of gudging be not separate | from the legislative and executive powers.”
‘* Military men belong to a profession which may be useful, but is often dangerous.”’-- The enjoyment of liberty, and even its support and preservation, consists in. every | man’s being allowed to speak his thoughts, and lay open his § sentiments.”
Apply these decisive maxims, sanctioned by the authority of a name which all Europe reveres, to your own State. | You have a governor, it may be urged, vested with the eae- | cutive powers, or the powers of administration. In him, | and in your council, is lodged the power of making laws. You have judges, who are to decide every cause affecting your lives, liberty or property. Here is, indeed, an appear- ance of the several powers being separated and distribute: j into different hands, for checks one upon another, the only § effectual mode ever invented by the wit of men, to promote their freedom and prosperity. But scorning to be illuded by a tinselled outside, and exerting the natural sagacity of Frenchmen, examine the specious device, and you will find it, touse an expression of Holy Writ, * a painted sepul- chre,” for burying your lives, liberty and property.
Your judges, and your legzslative council, as it is called, are dependent on your governor, and heis dependent on the servant of the crown in Great Britain. The legislative, executive, and judging powers are all moved by the nods ofa minister. Privileges and immunities last no longer than
s SS a = a Ss — Se
(EE, SSSR Sn ae ae ee Se ae SS a
SS
23
or their repre- ject is a tran- ich person has it is requisite in need not be ing laws, BO | the same per- here can be no | lest the same ws, to evecul:
‘Such a treacherous ingenuity has been exerted in drawing
ning with a benevolent pretension, concludes with a des- tructive:; and the substance of the whole, divested of its smooth words, is—that the crown and its minister shall be as absolute throughout your extended province, as the des- yots of Asia and Africa. What can protect your property from taxing edicts, and the rapacity of necessitous and cruel masters? your persons from lettres de cachet, gaols, dun- eons, and oppressive service ? your lives and general liberty rom arbitrary and unfeeling rulers? We defy you, casting your view upon every side, to discover a single circum- stance, promising from any quarter the faintest hope of liber- ty to you or your posterity, but from an entire adoption into Hie union of these colonies. ; _ What advice would the truly great man before mentioned, Bhat advocate of freedom and humanity, give you,.was he pow living, and knew that we, your numerous and powerful seighbours, animated by a just love of our invaded rights, nd united by the indissoluble bands of affection and interest, balled upon you, by every obligation of regard for yourselves nd your children, as we now do, to join-us in our righteous ontest, to make a common cause with us therein, and to ake a noble chance of emerging from a humiliating subjec- fon under governors, intendants, and military tyrants, into me firm rank and condition of English freemen, whose cus- Dm it is, derived from their ancestors, to make those tremble yho dare to think of making them miserable. | Would noi this be the purport of his address? * Seize the portunity presented to you by Providence itself. You have pen conquered into liberty, if you act as you ought. This ork isnot of man. You are a small people, compared to ose who with open arms invite you into a fellowship. A oment’s reflection should convince you which will be most ir your interest and happiness, to have all the rest of North merica vour unalterable friends, or your inveterate ene- es. The injuries of Boston have roused and associated ery colony, from Nova Scotia to Georgia. Your province the only link that is wanting to complete the bright and ong chain of union. Nature has joined your country to
sed by persons in. times of the scribed by law. be not separate!
which may be yment of liberty, sists in. every
ind lay open his §
by the authority rour own state. | ed with the exe- tion. In hin, | { making laws. § r cause affecting feed, an appear- and distributed § other, the only men, to promote to be illuded by ral sagacity of nd you will find painted sepul- | pperty. , as it is called, ependent on the he legislative, ed by the nods t no longer than
his smiles. When he frowns, their feeble forms dissolve. Chap,
up the code lately offered you, that every sentence begin- —~
1760 to 1774.
Se
——
tone neeone — ~
Chap. theirs. Do you join your political interests. For. their own
sakes they never will desert or betray you. Be assured that
~~ the happiness of a people inevitably depends on their liberty, une and their spirit to assert it. The value and extent of the | 1774, advantages tendered to you are immense. Heaven grant you
may not discover them to be blessings after they have‘ bid you an eternal adieu. ; We are too well acquainted with the liberality of senti- ment distinguishing your nation, to imagine, that difference of religion will prejudice you against a hearty amity with us. You know, that the transcendent nature of treedom elevates | those, who unite in the cause, above all such low-minded infirmities. The Swiss Cantons furnish a memorable proof of this truth, Their union is composed of Catholic and Pro. } testant states, living in the utmost concord and -peace with one another, and thereby enabled, ever since they bravely vindicated their freedom, to defy and defeat every tyrent that has invaded them. | Should there be any among you, as there generally are in all societies, who prefer the favours of ministers, and thei: own interests, to the welfare of their country ; the temper of such selfish persons will render them incredibly active in
opposing all public-spirited measures, from an expectation off .
being well rewarded for their sordid industry by their supe: riors: but we doubt not you will be upon your guard against such men, and not sacrifice the liberty and happiness o/ the whole Canadian people and their posterity, to gratify ‘he avarice and ambition of individuals.
We do net ask you, by this address, to commence hosti. lities against the government of our common sovereign. Wil only invite you to consult your own glory and welfare, anil not to suffer yourselves to be inveigled or intimidated by infamous ministers so far as to become the instruments im their cruelty and despotism, but to unite with us in on social compact, formed on the generous principles of equi liberty, and cemented by such an exchange of beneficial ang endearing offices as to render it perpetual. In order to co plete this highly desirable union, we submit it to your co sideration, whether it may not be expedient for you to me together in your several towns and districts, and elect dep ties, who after meeting in a provincial congress, may chu
For. their own Be aasured that on their liberty, 1 extent of the
eaven grant you § r they haverbid §
erality of senti- , that difference y amity with us. | reedom elevates uch low-minded memorable proof Jatholic and Pro-} and -peace wit) ice they bravely eat every tyrent
_ generally are in nisters, and their y 3 the temper of redibly active in an expectation of y by their supe four guard against nd happiness oi rity, to gratify ‘he
commence host:
n sovereign. Wilt and welfare, anuj
rr intimidated }y
e instruments (i
with us in ott inciples of equi
of beneficial ang
In order to co t it to your co t for you to met 8, and elect dep gress, may chu
25
delegates, to represent your province in the continental con- Chap
s gress,to be held at Philadelphia,on the tenth day of May,1775. I.
In this present congress, beginning on the fifth of lastwe— month, and continued to this day, it has been with universal 1760
‘pleasure, and an unanimous vote, resolved, that we should ,."°
consider the violation of your righis, by the act for altering uEMm
the government of your province, as a violation of our own ; and that you should be invited to accede to our confederae
tion, which has no other objects than the perfect security of @ the natural and civil rights of all the constituent members according to their respective circumstances, and the preser-
vation of a happy and lasting connection with Great Britain,
lon the salutary and constitutional principles herein before
mentioned. For effecting these purposes, we have address- ed an humbie and loyal petition to his Majesty, praying
B relief of our grievances ; and have associated to stop all im- portation from Great Britain and Ireland, after the first day ™ of December, and all exportation to those kingdoms and the
West Indies, after the tenth day of next September, unless
‘the said grievances are redressed.
That Almighty God may incline your minds to approve
-our equitable and necessary measures, to add yourselves to pus, to pe’ your fate, whenever you suffer injuries which you Fare determined to oppose, not on the small influence of your single province, but on the consolidated powers of North America, and may grant to our joint exertions an event as | happy as our Cause is just, is the fervent prayer of us your } sincere and affectionate friends and fellow-subjects. :
By order of the Congress, Oct 26, 1774. Henry Mippteton, Presdt.
The above document fell to the ground, still-
Pborn as it were, not one habitant of a thousand
in Canada, ever having heard of it. There was, indeed, but one press, and that an English one,
fin the Province at the time, and it was introduc-
ed subsequently (there being none previous) to the conquest, for the publication of the Quebec Gazette, first issued in 1764.
c
CHAPTER I.
Extracts from the Reports of Mr. Solicitor General Wed- j derburne, (ia 1772) and Mr. Attorney General Thurlow, | (in 1773) to His Majesty George the Third, pursuant to | His Majewty’s Order in Council, relative to the Laws and | Courts of Jndicatzze of Quebec, and Government of tha: Province—remarkable for their liberality towards the King’ 8 new subjects—their soundness and justice.
“nap Iv is but fair to apprise the reader that the |
—~ present is a chapter wholly of “ quotations,”
1760 but from unquestionable sources, rich and ad-
1774, mirable in their way, and which he who would like a more ample sketch of the affairs of | Canada, previous to the passing of the Quebec | Act, than that we have just gone through pre- § sents, had as well read. It will afford him not § only a better insight into the then actual state | of the country, its laws and institutions, but | also of the just and liberal policy that influen- | ced the statesmen of the day in the passing off that important measure. They also who opine | that ignorance of and indifference to the con- cerns of Canada have iavariably characterised Gi, .; the home government, and who will neither give § eredit to it for, nor recognise in British states- } men, of whatsoever denomination, intellizence, § generosity nor justice in their treatment of this country, that is, of Lower Canada, and par- ticularly towards that part of its. population of French origin, may, if they are for the moment}
SS
= == =
iV a q | { ' : j a | i ‘ i ti j 7 | 7 | M ri i) |. 14 i } i } | ‘ ; i je) | } | ; | , } i aap | 7 yy ' } ae ya i i i fae i 1 | i | | : } 4 ‘a ae H ' i} i } } 1h] t ses: | } () ie | i | 1 | j Patt i HAY ii j iH mi) tinh | ii} if ieee | a \ i} i | H i} ia 1ik } i] } i fy | } ie { ti) \] j j i | Hi i i i i iy i H } j ieee | te } j . if i i i Ha ti | j ; H ii Hi i 4) i i 1 } t ] +] | i ' {
Y
General Wed- ; neral Thurlow, | d, pursuant to | » the Laws and | rnment of tha: | y towards the | justice.
der that the | quotations,” | rich and ad- » who would e affairs of} the Quebec | hrough pre- | ford him not § actual state tutions, but hat influen- | e passing of} > who opine | to the con-|
itish states: |
nent of this! ny and par- ppulation of | he moment |
aracterised neither give §
ntellizence, §
27
either case the reader’s time will not be lost. "- A mor«, faithful picture need not be sought 77,, of the State sof Canada, than that we find in the to reports to His Maiesty of Mr. Attorney General '’”* Thurlow, ‘and the Solicitor General Wedder- burne, the former dated 22d January 1773, and the latt 6th December 1772, in conse- quen 2 cf rc‘erences to them by order of the
‘King in Council.—They were directed by His Majesty’s orders of 14th June 1771, and 31st
July 1772, “ to take into consideration several “reports and papers relative to the laws and « courts of judicature of Quebec, and to the “ present defective mode of government in that «‘ Province, and to prepare a plan of civil and ‘criminal law for the said Province, and to
=** make their several reports thereon.” It was
most probably in accordance with the views of these gentlemen upon the matters referred to them, concurred in by Mr. Marriott’s report of 1778, already familiar to those conversant with the Canadian history of that period, that
the Quebec Act of 1774 was framed, and
whether enlightened and liberal, the reader will determine.
From these reports, not hitherto pulished, et least no. in any work that has fallen under
Bthe observation of the writer of this narrative,
the following extracts are deserving of especial notice. “ I have taken (says the Solicitor General Wedderburne, whose report in point of date precedes the Attorney General’s, and
liberally disposed. peruse it to advantage. = In Chay,
ee
iti
28
Chap. we therefore take it first,) the same (the sub- Hi ll. jects referred to him) into consideration, and | “Tyo in the course of my reflections upon the sub- i to ject, I have found myself led into a discussion
NVI Wi] a4
‘of the form of government, and of the re]'gion
of the Province, which must necessarily aave great influence upon the plan of civil and cri- minal law proper to be adopted there. I have, therefore, presumed to form some ideas upon both those heads as necessarily connected with | the more immediate object of reference, and | humbly to submit the result of my observ:tions upon so important and so difficult a subject, under the following heads :—
First—The Government of the Province. |
Secondly—The Religion of the Inhabitants. |
Thirdly—The Civil and Criminal Laws. |
Fourthly—The Judicatures necessary to iM a carry those laws into execution. | B
‘¢ Canada is aconquered country. The capi- 3am ju tulations secured the temporary enjoyment of HM ai certain rights, and the treaty of peace. contain- Hy p ed no reservation in favor of the inhabitants, # th except a very vague one as to the exercise of Ja ti religion. Can it therefore be said that, by Ho! right of conquest, the conqueror may imp>se MND! such laws as he pleases? This proposition ith
has been’ maintained by some lawyers who | have not distinguished between force and right. — Itis certainly in the power of a conqueror to | dispose of those he has subdued, at discretion, © aud when the captivity of the vanquished was | the consequence of victory the proposition |
! (the sub- ation, and 1 the sub- discussion 1e rel'gion arily aave il and cri- o. I have, deas upon ected with ence, and
yservitions |
a subject,
rovince.
inhabitants. |
Laws.
essary to |
habitants, xercise of
liscretion,
shed was | Oposition §
The capi- | joyment of | e.contain- |
1 that, by | ay imp 7se | roposition | yers who | and right. queror to |
‘till the treaty of peace. of the province, a military government took ‘place, and the change was not very sensible to the inhabitants.
29
might be tre; but in more civilized times, when the object of war is dominion, when sub- jects and not'slaves are the fruits of victory, no other right can be founded on conquest but that of regulating the political and civil govern- ment of the country, leaving to the individuals the enjoyment of their property, and of all pri- vileges not inconsistent with the security of the conquest.
« The poltucal government of Canada, be- fore the conquest, was very simple; for, what- ever appearance of re larity of controul and limitation the Arréts and Commission present,
all power, in fact, resided in the Governor and
the Intendant. The Superior Council was generally at their devotion. They had the
command of all the troops, of all the revenues, and of all the trade of the country. “ They had
also the power of granting land; and in con- junction with the bishop, they had so superior
an interest at the Court of France, that no com- plant against their conduct was dangerous to
their authority. This was the state of Canada Upon the reduction
| “ After the treaty of peace, a government succeeded which was neither. military or civil, sand it is not surprising that the Canadians should have often expressed a desire to return to a pure military government, which they had found to be less oppressive.. Such a govern-
¢2
Chap. IT, te Mell
1760 to 1774.
Chap. Il.
30
ment, however, is not formed for @uration, and
—~ in a settlement which is to become British,
'760 could not be endured beyond the limite of a
1774.
garrison.
“ The first consideration, in forming the po- litical constitution of a country is, in what man- ner the power of making laws shall ‘be’ exer- cised. If it were possible to provide every necessary regulation for a distant province, by orders from England, it might, perhaps; be the most eligible measure to reserve that’ authority entirely to the British legislature. But. there must be many local interests of police, of com- merce, and of political economy, which require the interposition of a legislative power, ac- quainted with the affairs, and immediately inte-
_ rested in the prosperity of a colony. In all the
British colonies, that legislative power has been
entrusted to an Assembly, in analogy to the h
constitution of the mother country. e most obvious method would then be, to pursue the same idea in Canada; but the situation of that country is peculiar. The Assembly must either be composed of british subjects, or of british and Canadians.
‘¢ In the first case, the native Canadian would
feel the inequality of his situation, and think &
(perhaps truly) that he should be exposed to the oppression of his fellow-subjects. .
“To admit the Canadian to a place in that q Assembly (a right, which, from the nature of a
conquest he has no absolute title to expect,) would be a dangerous experiment with new
ion, and British, mits of a
g the po- ‘hat man- be exer- de every vince, by s; be the authority 3ut there >, of com- h require ywer, ac- itely inte- In all the has been
‘he most ursue the on of that st either of british
and think posed to
expect, ) ith new
ry to the |
an would ’
e in that J ture of a
31
subjects, who should be taught to obey as well chap. as to love.this country, and, if possible, to che- !
rish their dependence upon it. Besides, it 4745 would be an inexhaustible source of dissension to’ and opposition between them, and the British —_
subjects. It would be no less difficult to define the persons who should have a right to elect the Assembly.—To exclude the Canadian sub- ject would be impossible, for an Assembly cho- sen only by the British inhabitants, could no more be called a representative body of that colony, tha a council of state is. ‘To admit every Canadian proprietor of land would be disgusting and injurious to all the men of con- dition in the Province, who are accustomed to feel a very considerable difference between the seignior ‘and the censier, though both are alike proprietors of land. Nor would it be beneficial to men of inferior rank ; for every mode of rais- ing them to the level of their superiors, except by the efforts of their own industry, is perni- cious. It seems, therefore, totally inexpedient at present to form an Assembly in Canada. The power to make laws could not with safety be entrusted to the Governor alone; it must, therefore, be vested in a Council consisting of a certain number of persons, not totally depen-
™ lent upon the Governor.
“ The Chief Justice, the Attorney General,
| the J udge of the Vice Admiralty, the Collector
of the revenue, and the Receiver General, (if these officers were obliged, as they ought, to reside there,) should hold a seat by virtue of
. le ee gen ae ag Ae, tad op yg = asian eS Pie we
SpRhchn, TAO EE
7 =i g
=
— —_ ~~ i cS SS a er
32
Chap. their office; the other members to be nomi- . nated by your Majesty, and to be removed only ‘T760 DY your royal orders.
“ As power lodged in few hands is some-
‘ times liable to be abused, and always subject
to suspicion, some controul to this authority is necessary. The first is, the establishment of a general system of laws for the colony. The second is, that in matters of taxation, in those which affect life, and in those which import an alteration of the established laws, no ordinance of the Council should have effect till it is con- firmed in Great Britain. The ¢hird is, that it should not be in their power at all times to act as a legislative body; but that, their session should be confined to the period of six weeks previous to the opening of the navigation to Britain, and at no other time should they be assembled in that capacity, except upon some urgent occasion.
“ Under these restraints, it seems reasonable that the power of making laws should be en- trusted, for a limited number of years, to this Council, who will be enabled, from their know- ledge of local circumstances, to form the neces- sary detail for executing the plan of laws to be transmitted to them, the regulations for the
olice of the country, for the administration of justice, for the collection of the revenue, and the improvement of trade and agriculture ; and being bound down by certain rules upon the great objects of legislation, and subject to the constant inspection of government, they
» nomi- ed only
some- subject lority is ent of a ry The in those port an dinance Lis con- , that it 2s to act
session x weeks ation to they be bn some
sonable be en- to this r kiiow- neces- s to be for the ation of re, and e; and on the ect to , they
33
will be sufficiently restrained from abusing the¢
power committed to them.
« Ag the immediate power of taxation is not 774, intrusted to this Council, it is necessary that ie a revenue should be provided under the autho-
rity of an Act of Parliament, for which no bet- ter plan can be formed than that which has already been proposed to the Commissioners of your Majesty’s Treasury, for raising a fund io defray the expenses of government in the Province of Quebec, by a tax upon spirituous liquors.
“ The religion of Canada is a very important part of its political constitution. The 4th arti-
cle of the treaty of Paris, grants the liberty of the Catholic religion to the inhabitants of Ca- -
nada, and provides that His Britannic Majesty should give orders that the catholic subjects may profess the worship of their religion ac- cording to the rites of the Romish church, as far as the laws of England will permit. This qualification renders the article of so little effect, from the severity with which (theugh seldom exerted) the laws of England are arm-
ed against the exercise of the Romish religion, |
that the Canadian must depend more upon the
| benignity and the wisdom of Your Majesty’s | government for the protection of his religious
rights than upon the provisions of the treaty,
; and it may be considered as an open question,
what degree of indulgence true policy will per- mit to the catholic’ subject, “The safety of the state can be the only
i aiceliees covtpmp anata mata ip tins pete - ~
= Sls a
Gee ee Nae sae Pers
34
Chap. Just motive for imposing any restraint upon men on account of their religious tenets. The prin- i769 Ciple is just, but it has seldom been justly ap- 2, plied 5 for experience demonstrates that the ‘public safety has been often endangered by those restraints, and there is no instance Of any state that has been overturned by tolera- tion. ‘True policy dictates then that the inha- bitants of Canada should be permite? freely to profess the worship of their religion; and it follows of course, that the ministers of that worship should be protected and a mainte- nance secured for them.
‘“‘ Beyond this the people of Canada have no claim in regard to their religion, either upon the justice or the humanity of the crown ; and every part of the temporal establishment of the church in Canada, inconsistent with the sove- reignty of the king, or the political government established in the province may justly be abolished.
“ The exercise of any ecclesiastical juris- diction under powers derived from the see of Rome, is not only contrary to the positive
_ laws of England, but is contrary to the princi- ples of government, for it is an invasion of the sovereignty of the king, whose supremacy must extend over all his dominions, nor can his Majesty by any act divest himself of it.
“ The establishment of the Jesuits and of:
the other religious orders, as corporations hold- ing peerer) and jurisdiction, is also repugnant to the political constitution, which Canada
on men he prin- stly ap- hat the ared by ance ‘Of tolera- e inha- freely to ; and it of that ‘mainte-
have no ler upon wn; and nt of the ne sove- ernment
stly be
al juris- e see of positive p princi- n of the premacy nor can f it.
ns hold- pugnant
and of |
| nor’s license should in every case be the title
Canada
39
must receive asa part’ of the British dominions. chap. «“ The peint then, to which all regulations ™ on the head of religion ought to be directed is, 4760 to secure,the people the exercise of their wor- to . . 1774. ship, and.to the crown a due controul over the
clea rai « The irst -equires that there should be a declaration that all the subjects in Canada may freely profess their religion without being dis- turbcd. in the exercise of the same, or subject to any penalties on account thereof, and also that there should be a proper establishment of parochial .clergymen to perform the offices of religion.
« The present situation of the clergy in Ca-
| nada, is very fortunate for establishing the
power of the crown over the church. It is stated in the reports trom your Majesty’s offi-
| cers in Canada, that very few have a fixed right
in their benefices, but that they are generally kept in a state of dependence which they dis-
| like, upon the person who takes upon him to
act as bishop, who, to preserve his own autho- rity, Only appoints temporary Vic i's to offici- ate in the several benefices.
“It would be proper, therefore, to give the parochial clergy a legal right to their benefices. All presentations either belonging to lay pas-
tors or to the crown, and the right in both
ought to be immediately exercised with due regard tothe inclinations of the parishioners in the appointment of a priest. The gover-
36
Chap. to the benefice, and the judgment of th. tem- ihc courts the only mode of taking it: away. 1760
to 1774
<..
his regulation would, in the presént'r “ment, attach the parochial clergy tc. the ‘int>rests of government, exclude those of* f>reign priests, who are now preferred to the Canc. ,ans, and retain the clergy in a proper depe: dence on the crown. It is necessary, in order to keep up a succession of priests, that there should be some person appointed whose religious cha- racter enables him to confer orders, and also to give dispensations for marriages ; but this func- tion should not extend to the exercise of a jurisdiction over the people or the clergy ; and it might be no difficult matter to make up to him for the loss of his authority, by emoluments held at the pleasure of the government.
« The maintenance of the clergy of Canada was provided for by the payment of one thir- teenth* part of the fruits of the earth in the name of tythe, and this payment was enforced by the Spiritual Court. It is just that the same provision should continue, and that a remedy for the recovery of it should be given in the temporal courts; but the case may happen that the land-owner is a protestant, and it may be doubted whether it would be fit to oblige him to pay tythes to a catholic priest.
« It has been proposed that all tythes should be collected by the Receiver General of the Province, and appropriated as a fund to be dis- tributed by government for the stipends of the
* Error--one twenty--sixth was the tythe by law allowed.
the f
ae!
hr tem- 1. away. ‘ oment, rests of priests, ans, and lence on to keep n0uld be us cha- d also to his func- cise of a ‘gy ; and ke up to oluments t. Canada one thir- h in the enforced he same remedy n in the happen d it may D oblige
s should 1 of the o be dis- s of the
37
to the clergy is paid with reluctance, and the government, by undertaking the collection of it, would lose more in the affections of its subjects
| than it would gain by the additional dependence
of the clergy,—Secondiy--by thus be'ng brought into one fund, the catholic subject will be made to contribute to the support of the protestant clergy, which he may think a grievance.
“ There is less objection, however, to re- quire the protestant inhabitant to pay his tythe to the receiver general, allowing him, at the same time, to compound for less than the full sum; though I should not deem it expedient
to reduce the rate by any positive law.
« The increase of that fund will be a proof of the increase of the protestant inhabitants,
| and it will afford the means of providing for the
protestant clergy, whose functions will then become necessary. In the mean time, it may be sufficient to appoint that a protestant cler- gyman shall be nominated. to any parish in which a majority of the inhabitants require it.
“ In regard to the monastic orders, it will be fit to secularise them entirely, but so great a change ought not to be made at once. Ii is proper to see how many of them may take benefices, from which they are not excluded by the foregoing provisions.
“The Jesuits, however, and the religious D
clergy, out of which a certain proportion may Chap. be reserved for the support of protestant preachers. This measure, I humbly conceive to 1760 be liable to two objections,—First—tythe even 4774,
Chap» houses in France, which have estates in Cana- ~~ da, are upon a different footing from the others. 1760 ‘The establishment of the first is not only in- 1774, compatible with the constitution of an Eng-
33
lish province, but with every other possible form of civil society. By the rule of their order the jesuits are aliens in every government. Other monastic orders may be tolerated, be-
, cause, though they are not useful subjects, still
they are subjects, and make‘a part of the com-
munity ill employed. The jesuits form no part of | thecommunity. They, according to their insti- 3 tution neither allow allegiance nor obedience @ to the prince, but to a foreign power. They are |
not owners of their estates, but trustees for purposes dependent upon the pleasure of a foreigner, the general of their order. Three great catholic states* have,upon grounds of poli- cy, expelled them. It would be singular, if the first protestant state in Europe should protect an establishment that ere now must have ceased in Canada, had the French government continued.
‘* Uncertain of their tenure in Canada, the jesuits have hitherto remained very quiet, but should the establishment be tolerated there, they would soon take the ascendant of-all the other priests ; the education of the canadians would be entirely in their hands, and averse as
they may be at present to France, it exceeds }
any measure of credulity to suppose that they |
would ever become truly and. systematically friends to Britain.
* Portugal, Spain, and France. ‘
its Sa n
the
pa pal dia ous tha vol pri be ¢ die pyin
term
| the duce m of C | But.
tions
| giver / an al § diate
een
* Th allowed with th
} last of t]
t Thi
In 1832.
OW ap
1 Cana- others. nly in- in Eng- possible ir order rnment. ted, be- cts, still he com-
10 part of §
eir insti- yedience
Chey are | tees for ure of a | Three s of poli- ar, if the rotect an eased in pntinued. ada, the iet, but d there, pf-all the anadians / verse a5 exceeds § hat they natically
aa
39
« It is therefore equally just and expedient in ¢ this instance, to assert the sovereignty of the 1. king, and to declare that the lands of the jesu- —~
hap.
its are vested in his Majesty, allowing, at the 1 same time, to the jesuits now residing in Ca- 1774.
nada, liberal pensions out of the incomes of their estates.* "
« The information to be collected from the papers transmitted with the reference, is not particular enough to be the ground of an imme- diate law as to the property claimed by religi- ous societies in France. The principle is clear, that every trust for their use, is void and de- volves to the crown. But in applying that principle, the circumstances of each case must be considered, and, in general, it seems expe- dient to confirm all the titles of persons occu- pying lands under their grants; to make the
| terms of payment to the crown easier than to
the former proprietors, and to apply the pro-
3 duce for the purposes of educating the youth m of Canada, which deserves particular attention. | But this subject is more fit for gradual regula-
tions, pursuant to the instructions that may be
| given to your Majesty’s governor, than to form an article ina general plan of laws to be imme- _ diately carried into execution.t+
ee
* The Government. dealt most liberally with them. They were allowed to die out before it took possession of the estates or interfered with them, which was not till after the death of Father Casot, the last of the order, in 1800.
+ This has been done by an act of the legislature of Lower Canada, in 1832, and the revenues from the jesuits’ estates, accordingly, are ow applicable to purposes of education only.
40
« The convents in Canada do not fall under the same rule as the monasteries. ‘They are not
1769 much connected with the political constitution.
to 1774.
They may, for atime, be necessary for the convenience and honor of families—perhaps it may be expedient always to retain some such communities there, for tha honorable retreat of unmarried women. Certainly it would be in- expedient and cruel to dissolve them by any immediate law. No such change is essential to the political constitution, and. whenever it becomes so, the remedy is easy, and the sub- jects will then receive it as a favor from the crown. 4 | ‘‘ The political and religious constitution of the province of Quebec being established, the next matter of inquiry is, what pian of civil and criminal law is best adapted. to the circum- stances of the province ? and this is not altoge- ther an open question ; for, Canada is not in the condition of a new settled country, where the
invention of a legislator may exercise itself in
forming systems.
-men attached to their own customs, which are
become a part of their nature. It has, of late, acquired some inhabitants superior in power, but much inferior in number, to its ancient inha- bitants, equally attached to different usages. The prejudices of neither of these classes of
men can be entirely disregarded; in policy,
however, more attention is due to the native Canadian than the British emigrant, not only because that class is the most numerous; but
It has been long inhabited by - |
Off Qos =.
under re not bution. yr the raps it e such reat of be in- by any sential ever it 1e sub- om the
ation of ed, the ivil and ircum- altoge- tin the ere the tself in
ich are of late, power, t inha- sages. sses of policy, native ot only BS but
ited by” |
eal .
a
41
because it is not the interest of Britain that Chap.
many of her natives should settle there.* The Canadian also has a claim in justice to the en- joyment of as much of his ancient laws regard- ing private rights, as is not inconsistent with the prineiples of the new government; for, as his property is secured to him, the laws which define, create, and modify it, must also be re- tained, ‘otherwise his ‘property is reduced to the meré possession of what he can personally enjoy. ©
* * * * * * * & Tt should also be provided that any Canadian subject of the age of twenty
Il.
aw 1760
to 1774.
five, who is unmarried and without children, .
holding land immediately of the crown, may convert his tenure into a soccage holding, by which he shall have the power of devising the whole, and that the purchaser of land held of the king, may convert the tenure into soccage
_at his pleasure, and it shall then be held and
enjoyed as by the law of England.t
* It is now; (1847) however, different, and the policy is as it no
' doubt.also is the interest, of the home government, to encourage a
loyal, hale and industrious emigration thence to her splendid North American Empire.
t This, however, was not provided for by the statute of 1774, nor was any provision made on the subject, either by the Legislative Couneil erected under it, for the province of Quebec, nor subsequently by the Parliament of Lower Canada, averse, it would seem, to a change of tenure as a policy prejudicial to the influence prevailing in this body, which the influx of British emigrants and British capital. would be of a tendency to disturb, and at length, subvert. The feodal thraldom was consequently cherished, as one means of checking the apprehended evil, for as such the growth of the British population and interests in Lower Canada have been viewed. by many of their fellow subjects of French origin, particularly while the dream of “ national- ité,”? with which, for a time, they amused themselves, prevailed. A provision authorising a change of land tenures in Canada, into free
Dp 2
42
Chap, * * * * # * © 6 The criminal law of Eng- if f .. land, superior as it js to all others, is not, how- I; i7s0 eVer, without imperfections; nor is it, in the } 22, whole extent of its provisions, adapted to the '’ situation of Canada. It would be improper to iransfer to that country all the statutes creat- ing new offences on temporary or /ocal circum- | stances. * * * * “It is recommended by the gover- nor, the chief justice, and the attorney gene- ral, in their report, to extend the provisions of the Habeas Corpus act to Canada. The in- habitants will, of course, be intitled to the benefit of the writ of Habeas Corpus at common law, but it may be proper to be better assured of their fidelity and attachment, before the pro- visions of the statute are extended to that
country. , wi
‘« The form of civil government for the pro- RS vince, as it now consists in the distribution of the judicial attthority, is the most difficult and the pe
most important part of the plan, for, without an easy and exact execution, laws are of very 8 little use to society. |
“The several opinions’ reported to your i and common soceage was at last made by Act (3 Geo. [V.ch. 119) of f the Imperial Parliament, known as the Canada trade act, but little alte progress has hitherto (1847) been made, in the commutation, owing io the difficulty, expense, and delay incidental to the process of com- (| ue muting, as adopted by the Executive of the province, and which it con rests with it to redress, if only it will.—P. S. Since the above note was “ put together, the legislature has been in session, and among a varietyof bus Bills passed by it, there is one for facilitating the process of commu- | lish tation. This, however, the Governor General, Lord Elgin, has been IS advised to reserve for the royal consideration, the result of which bus
remains to be seen.
Eng- how- in the ‘o the er to creat- rcum-
rover- gene- ons of he in- to the mmon ssured e pro- ¥ hee
@ pro- ion of d the ut an very
your
119) of ut little , owing of com- hich it hote Was ariety of ommu- has been whieh
43
in the remedies proposed.
; nee 74. “Tt is their opinion that the expense and “’
delay of proceeding are at present very griev- ous, and they seem to think that the division of the province into three districts, and the establishment of courts of justice in each, asin the time of the French government, would afford some remedy to this evil.
“ To diminish the expense of law suits, too great already: for the poverty of the country, bv adding to the number of persons who are to be maintained by the law, is at least a doubtful proposition.
“It is necessary, therefore, to consider whether other causes besides the want of pro- per judicatures, may have concurred to produce the grievance of which the Canadians com- plain, and whether other expedients, besides an increase of places and expense, may not, in part, remove it. The uncertainty of the law of the province must have been one principal cause of the expense of suits. That evil will, in time, be removed.
“ The change of property, together with the alteration of the course of commerce conse- quential upon the conquest, producing new contracts in new forms, created a great deal of business for which there would be no estab- lished fees, and the ignorant execution of that business opened a new source of litigation.
Majesty, by the governor, the chief justice and Chap. the attorney general, concur in the causes of |! the complaints upon this head, and differ little 476)
to
44
chap. The same thing has happened in the other set- ll. tlements, where, for a certain time, the gains of 1769 tnose who teok upon themselves to act as law-
to
1774
yers, and of course the expense to the other inhabitants, of jaw proceedings, has been very great. But this evil is also temporary. With- out disputing the reality of the grievance, one may 5 * ta that it is a little exaggerated, for all the I'rench lawyers who remained in Cana- da, were interested to magnify it. They par- took of the profits arising from its continuance, and their profits were increased by exciting the complaints.
*¢ T cannot conceive that this grievance would be removed by adopting the French judicature, for if one can trust the accounts given by them- selves, the expense and the delay of law suits, are in France a most intolerable evil.
** * * * * « The Canadians, it is said, complain, and not without reason, of the arrest and imprisonment in civil cases. There could be no objection to confine that.severe proceed- ing to the cases in which they are accustomed to it. These are stated to be actions upon bills of exchange, debts of a commercial nature, and other liquidated demands, by which probably is to be understood actions upon bond and other instruments, where the sum demanded is cer- tain. In other cases, the arrest upon mesne process, which is only used to compel appear- ance or answer, may be abolished, and in lieu of it the plaintiff might be allowed, after due summons, to enter an appearance for the
~
adop
them
or set- ‘ins of 3 law- other . ver
With. , one d, for Cana- y par- jance, citing
would ature, them-
suits,
said, arrest could ceed- omed bills P, and bly is other s cer- esne pear- lieu due
the
45
defendant, and if more was required than a Chop, mere appearance, the constitution of the court.
is very well calculated to adopt the process of 7345 sequestration, which has already prevailed an
under the French government.
“The execution against the person of the debtor, after judgment, may also be laid aside, and, indeed, in an increasing colony it is very impolitic, and a very cruel’ proceeding.* An effectual and speedy process against the goods and estate would, in most cases, answer the ends of justice much better.
*** * * * 6 Ag the affairs of the colony require avery particular attention, and some regard must there be had to political considera- tions, it might be proper to attribute the cogni- zance of all questions concerning the rights of the clergy, the profits of benefices, and the pre- sentation to them, to the council, with an ap- peal to England; and all the most material questions of police might, perhaps, be also subjected to their jurisdiction.”
The liberal spirit which pervades the above, renders co: ment uanecessary. None who read can misunderstand it. Such, then, were the enlightened views in which the act of 1774, conferring, for the first time a constitu- tion and civil government, on the recently
ot eee
* The barbarous power formerly given to the creditor, of immur-
. ing his debtor as.a criminal, is falling into disuse, and is now, it is be-
lieved, repudiated or qualified, in most civilised fountries. It is plea- sant to see that the views of our lawyers and statesmen of that day were such as we here find them,—equally humane and just,—as in their adoption, by our local Legislatures, time and experience have proven them to be,
®
Il,
to 1774,
Chap.
46
acquired French territory in North America, constituting the province of Quebec, was
1769 conceived ; and such also, it is not too much to say, have uniformly been those of the Im- >
perial authorities, and of British statesmen towards Canada, notwithstanding the diver- gencies of portions of its population from the course which, for their own, no less than for the interests of the empire, it were desirable had been avoided.
“ Canada,”—observes Mr. Attorney General Thurlow,—* had been holden by the French king, in the form of a province, upwards of two hundred years; and considerably ay. near one hundred and fifty years,
y the establishment of a trading company, with great privileges and extensive juris- dictions, seconded by the zeal of the age, to propagate the gospel in foreign parts.— Parishes, convents of men and women, semi- naries, and even a bishoprick were established there. The supreme power, however, remain- ed with the king, and was exercised by his governor and lieutenant-general with the assist- ance of acouncil. About one hundred years ago, Louis the fourteenth resumed the country, and gave it the constitution which was found at the conquest. |
“ He gave them a body of laws, namely, those of the Prévoté, and Vicompté de Paris. The sovereign power remained with the king. But because the immense distance made it impos- sible to provide them with local regulations so
47
gave them a council, with authority to order
the expenditure of public money, trade with >
the savages, and all the affairs of police, to appoint courts and judges at Quebec, Trois Riviéres and Montreal, and to be judges them- selves in the last resort.
‘This council consisted of the governor, representing the king’s person ; and the bishop and five notable inhabitants, named by the two first. To this establishment ina fev. years
were added two more councillors, all seven.
speedily as the occasion might demand, he chap,
.
1760 to 1774.
named by the king ; and an intendant of justice, -
police and revenue, who held the third piace in council, and acted as president, collecting voices, &c., and who had, by a separate com- mission,very large power, particularly in polices wherein he could, if he thought fit, make laws without the council; and in the ordering of the revenue, in which he was absolute ; and judge without appeal, of all causes relative to it, as he was, indeed, in all criminal cases.
“* * * * « Office, rank and authority were annexed to land, and otherwise divided among the gentry, with due degrees of subordination ; so that all orders of men habitually and per- fectly knew their respective places, and were contented and happy in them.. The gentry, in particular, were drawn into a still closer at- tachment to the governments of their posts, in the provincial and royal troops which were kept up there.
“ This system, a very respectable and jvdi-
ee - 2 2
ae Y = So = == = Z Z a er eae
ae _~
So
ss
Chap. I, el ld 17) to W774.
48
cious officer, your Majesty’s chief justice of Quebec, justly extols, as being admirably cal- culated to preserve internal tranquility and due reverence and obedience to government, and endeared to the natives by long usage, and per- fect conformity to their manners, habits and sentiments.
“« The natives, at the conquest, were one hundred and twenty thousand, whereof about one hundred and twenty-six were noble. And their laws were, such parts of the laws of Paris, as had been found necessary and applicable to their situation, reformed, supplied, changed and enlarged by the king’s ordinances and those of the provincial legislature. These have been very judiciously collected, and are among the papers which your Majesty commanded me to consider.
“ On the eighth of September, 1760, the country capitulated in terms which gave to your Majesty all that which belonged to the French king; and preserved all their property, real and personal, in the fullest extent, not only to private individuals, but to the cor- poration of the West India company, and to the missionaries, priests, canons, convents, &c., with liberty to dispose of it by sale if they should want to leave the country The free exercise of their religion by the laity, and of their function by their clergy,was also reserved.
“ The whole of these terms were stipulated on the 10th of February 1763, in the definitive treaty of peace. By your Majesty’s proclama-
ice of ly cal- id due t, and d per- ts and
e one about
And ‘Paris, ible to anged s and e have among anded
0, the ave to o the perty, » not cor- nd to , &e., they p free nd of rved. lated itive ama-
49
tion of the 7th October, inthe third year of chap.
your reign, (1763) your Majesty was pleased to '-
declare that four new governments were erect- 176
ed,of which Quebec was one, containing a large portion of that country which had been included in the French. government of Canada, some parts of which were settled in such manner as hath been mentioned before, but great districts of which still remained rude and barbarous.
« And considering that it would greatly contribute to the speedy settling of the new governments, that your Majesty’s loving sub- jects should be informed of your paternal care of the security of the liberty and properties of those who are or shall become inhabitants thereof, your Majesty thought fit to declare that your Majesty had, in the constitution of these governments, given express power and direction to the governors of the said colonies respectively, that so soon as the state and cir- cumstances of the said colonies would admit thereof, they shall, with the advice and con- sent of your Majesty’s council, summon and call general assemblies within the said govern- ments respectively, in such manner and form as is-used and directed in those colonies and provinces in America, which are under your Majesty’s immediate government. And that your Majesty had given power to the said governors, with the consent of your Majesty’s said council and the representatives of the people, so to be summoned as aforesaid, to make, constitute and ordain laws, statutes and E
to
1774.
50°
Chap. ordinances for the public peace, welfare, and
~~ good government of your Majesty’s said colo-
1760 nies, and of the people and inhabitants thereof,
i773, aS near as may be, agreeable to the laws of England, and under such regulations and res- trictions as are used in other colonies 3 and that in the mean time, and until such assemblies can be called as aforesaid, all persons inhabiting in or resorting to your Majesty’s said colonies, might confide in your royal protection for the enjoyment of the benefit of the laws of Eng- land, for which purpose your Majesty declared that your Majesty had given power under the great seal to the governors.of your Majesty’s said colonies respectively for the erection of courts of, judicature and public justice within the said colonies, for the hearing and deter- mining all causes, as well criminal as civil, according to law and equity, and as near as may be, agreeable to the laws of England,with liberty to all persons who may think themselves aggrieved by the sentence of such courts, in all civil cases, to appeal under the usual limitations and restrictions, to your Majesty in your privy council.
* * * * « QOn the 2ist of November 1763, your Majesty appointed Mr. Murray, to be governor of Quebec, commanding him to exe- cute that office according to his commission, and instructions accompanying it,and such other instructions as he should receive under your Majesty’s signet and sign manual, or by your Majesty’s order in council, and according to
52
Chap. administered without any equitable qualifica- —~ tions. These are said to be universally receiv- 1760 ed. In truth, they could neither be refused nor
* * « Three very different opinions have biden entertained. There are those who think that the law of England, in all its branches, is actually established, and in force in Quebec. They argue that your Majesty, upon the con- - quest, had undoubted authority to establish whatever laws should seem fittest in your royal wisdom: that your Majesty’s proclamation dated the seventh day of October, 1763, was a repeal of the existing laws, and an establish- ment of the English laws in their place, in all parts of the new ’ subjected countries: that the several commissions to hear and determine by
to | 1774. avoided. H
the laws of England, were an actual and autho- pe ritative execution of those laws ; and that the su law, as it prevails in the province of New York in and the other colonies, took its commencement vi in the same way, and now stands on the same I¢ _ authority. tic “ If your Majesty should be pleased to adopt ne this opinion, it seems to afford a full answer to tre the whole reference, by exhibiting not only a Wi general plan, but a perfect system vi civil and lik criminal justice, as perfect as that which \..e- by vails in the rest of your Majesty’s dominions,or tee at least it leads off to questions widely different, ha touching the expediency of a general change flo in the established laws of a colony, and touch- th
ing the authority by which it ought to be made.
rlifica- eceiv- ed nor
s have » think hes, is uebec. e con- tablish r royal mation was a ablish- , in all hat the ine by autho- hat the vw York
ement 2 same
adopt wer to only a il and h y..8- ons,or erent, hange ouch- ade.
53
« Others are of opinion that the canadian chap, They argue that !. according to the notion of the english law, >5,5 upon the conquest of a civilized country, the a | 44.
They .
laws remain unrepealed.
laws remain in force till the conqueror shal have expressly ordained the contrary. understand the right acquired by conquest, to be merely the right of empire, but not to ex- tend beyond that, to the liberty and property of individuals, from which they draw this con- sequence, that no change ought to be made in the former laws beyond what shall be fairly thought necessary to establish and secure the sovereignty of the conqueror. This idea they think confirmed by the practiceof nations, and the most approved opinions. “ Cum enim omne imperium viclis eripitur relingui illis possunt, circa res privatas, et publicas minores su@ leges, suique mores, et magistratus hujus indulgenti@ pars est, avit@ religionis usum viclis, nist persuasts non eripere.” Grot. 3. 15. 10.; and if this general title to such modera- tion could be doubted, they look upon it to be a necessary consequence of the capitulation and treaty alluded to before, by which a large grant was made them of their property and personal liberty, which seem to draw after them the laws by which they were created, defined and pro- tected, and which contain all the idea they have of either. This moderated right of war, flowing from the law of nations and treaties, they think may have some influence upon E 2
Chap. II.
Pre 1760 to
1774
54
the interpretation of the public acts above mentioned.
“ Though the proclamation of 7th October, 1763, is conceived in very large terms, gene-
‘rally encugh to comprehend the settled coun- tries together with the unsettled, yet the pur- -
view of it seems to apply chiefly if not altoge- ther. to the unsettled, where the laws of England obtain acourse till otherwise ordered ; for it seems to assume and proceed upon it, as manifest that the laws of England are already in force, which could not be true of any settled country reduced by conquest. It also recites for its object that it will greatly contribute to the speedy settling our said new government ; and at any rate, they think it too harsh a con- clusion to be admitted that such an instrument in the state thereof, not addressed to the Cana- dians, nor solemnl; published among them, nor taking any notice of their laws, much less repealing them, should be holden to abrogate all their former customs and institutions, and establish the english laws in every extent and to every purpose, as it may be thought to do in unsettled countries, which conclusion, how-
ever, they know not how to avoid, but by.
confining it to those countries where no settled form of justice existed before.
‘“‘ If it be true that the laws of England were not introduced mto Canada by this proclama- tion, they consider the several commissions above mentioned, to hear and determine according to those laws, to be of as-little effect
55
determine according to the laws of Canada.
“* * * * * & Others, again, have thought 1760 M to that the effect of the above mentioned procla- ,,°,
mation, and the acts which followed upon it, was to introduce the criminal laws of England, and to confirm the civil law of Canada. In this nvinber were two persons of great authority and esteem ;—Mr. Yorke and Mr. De Grey, then Attorney and Solicitor General, as I col- lect from their report of the 14th April, 1766. Oue great source, they represent, of the disor- der supposed to prevailin Canada, was the claim taken at the construction putupon your Majesty’s proclamation of 1763, as if it were your Majesty’s intention, by your Majesty's judges and ouficers of that country at once to abolish all the usages and customs of Canada, with the rough hand of a conqueror, rather than in the true spirit of a lawful sovereign, and not so much to extend the protection and benefit of your Majesty’s english laws to your new subjects, by securing their lives, liberties and properties, with more certainty than in for- mer times, as to impose new, unneeessary and arbitrary rules, especially in the titles to lands, and in the modes of descent, alienation and settlement, which tend to confound and sub- vert rights instead of supporting them. —
« There is not, they observe, a maxim of the common law more certain, than that a conquer- ed people retain their ancient customs till the conqueror shall declare new laws. To change
as a commission to New York to hear and Chap.
Chap, at once, the laws and manners of a settled country, must be attended with hardships and “760 Violence. And, therefore, wise conquerors
a having provided for the security of their domi-
56
nions “proceed gently, and indulge their con- quered subjects in all local customs which are in their nature indifferent, and which have been received as rules of property or have obtained the force of laws. It is the more material that this policy should be pursued in Canada, be- qos’ itis a great and ancient colony, long sc’. .nd much cultivated by french subjects whu uow habit it, to the number of eighty or one hundred thousand.
* * * * * * «© Tn criminal cases, whether they be capital offences or misdemeanors, it is highly fitting so far as may be, that the laws of England should be adopted, in the description and quality of the offence itself; in the manner of proceeding to charge the party, to bail or detain him, to arraign, try, convict, or condemn him. The certainty and Jenity of the English administration of justice, and the benefits of this constitution, will be more peculiarly and essen- tially felt by his Majesty’s canadian subjects, in matters of crown law which touch the life, liberty and property of the subjects, than in the conformity of your Majesty’s courts to the english rules in matters of tenure, or the suc- cession and alienation of real and personal estate. This certainty and this leniency are the benefits intended by your Majesty’s royal pro- elamation, so far as concerns judicature. These
ettled Ss and lerors domi-
con-
57 @
are irrevocably granted ahd ought to be secur- Chap.
ed to your Majesty’s canadian subjects accord- "
ing to your royal word.
« T have rather presumed to trouble your | Majesty with a copy of their expressions then any abstract of their opinion; because, though I subscribe absolutely to the truth and good sense of their positions, I freely confess my- self at a loss to comprehend the distinction whereby they find the criminal law of England introduced, and the civil laws of Canada con- tinued, by instruments which seem to estab- lish all the laws of Englana, b th civil and criminal at the same time, in :::* sume sentence, and by the same form of werus, if they are understood to establish arv, or to relate to Quebec.
« They seem to proceed much upon the supposed superiority which they justly impute to the criminal laws of England. It is very unfit that I'should speak of them to your Ma- jesty without the utmost reverence. But I can
conceive that a Canadian, blinded, perhaps, by
the prejudices of different habits, may think of them ina different manner, and even set but small value on that excellent institution the trial by jury; whereby the natural equality among men is so admirably preserved, and the lowest subjects of the state admitted to more than an equal share of the supreme judicial authority. I have been actually informed that a canadian gentleman would think himself degraded, and more hardly used by being sub-
J voy
ae
59
certain scheme of civil and criminal laws, or chap. any which must nat receive deep and material |. alterations for that which your Majesty shall S745 be pleased to determine on those heads. to
There are, at the same time, certain princi- ples which seem, in my humble opinion, to » claim your Majesty’s gracious attention, as the basis of any new laws to be made in Quebec.
« The Canadians seem to have been strictry entitled by the jus gentiwm to their property, as they possessed it upon the capitulation and treaty of peace, together with all its qualities and incidents, by tenure or otherwise, and also to their personal lilverty ; for both which they were to expect your Majesty’s gracious pro- tection. |
*‘ It seems a necessary consequence that all | those laws by which that property was created, | defined, and secured must be continued to them. | To introduce any other, as Mr. Yorke, and Mr. De Grey emphatically expressed it, tend to confound and subvert rights instead of support- ing them.
** When certain forms of civil justice have long been established, people have had fre- quent occasions to feel themselves and observe in others the actual coercion of the law in matters of debt and other engagements and dealings, and also in the recompense for all sorts of wrongs. The force of these examples goes still further and stamps an impression on the current opinion of men and puts an actual check on their dealings ; and those who never
60
Chap. heard of the examples or the laws which pro- I. duced them, yet acquire a kind of traditional ‘yao Knowledge of the legal effects and consequences to of their transactions, sufficient and withal abso- "4 lutely necessary for the common affairs of pri- vate life. It is easy to imagine what infinite disturbance it would create to introduce new and‘unknown measures of justice; doubt and uncertainty in the transaction ; disappointment
and loss in consequence.
«‘ The same kind of observation applies with still greater force against a change of the crimi- nal law, in proportion as the examples are more striking, and the consequences more important. ‘I'he general consternation which must follow upon the circumstance of being suddenly subjected to a new system of criminal law, cannot soon be appeased by the looseness or mildness of the code.
‘Krom these observations, I draw it asa consequence that new subjects, acquired by conquest, have a right to expect from the benignity and justice of their conqueror-the continuance of all these old laws, and they seem to have no less reason to expect it from his wisdom. It must, I think, be the interest of the conqueror to leave his new subjects in the utmost degree of private tranquillity and personal security; and, in the fullest persua- sion of their reality, without introducing need- less occasion of complaint and displeasure, and disrespect for their own sovereign. He seems, also, to provide better for the public
h pro- litional uences | abso- of pri- infinite ‘e new bt and ntment
28 with -crimi- les are
more which
being ‘Iminal seness
tasa ed by n the or: the they from
erest cts in
61
of obedience to their accustomed laws than by
undertaking the harsher task of compelling a 1760
new obedience to laws unheard of before. , And if the old system a to be more per- fect than any thing which invention can hope to substitute on the sudden, the scale sinks quite down in its favor.
*‘ It should be remembered that the scheme of government and laws for Canada, was con- ceived by a wise court in a cool moment, untainted with private passion or public preju- dice. The principles of humanity and the views of state combined to suggest that plan which might serve to build a flourishing colony upon. The plan was improved, from time to time, by the wisdom and experience of suc- ceeding times, and not left to become obsolete and unfit for the progressive state of the province.
*¢ Although the foregoing observations should be thought just, as a general idea, yet circum- stances may be supposed, under which it would admit some exceptions and qualifications. The conqueror succeeded to the sovereignty ina title at least as full and strong, as the conquer- ed can set up to their private rights and ancient usages. Hence would follow every change in the form of government which the conqueror should think essentially necessary to establish his sovereign authority and assure the obed'- ence of his subjects. This might possi)!7 produce some alteration in the laws, especially F
peace and order, by leaving them in the habit Chap.
to
774.
if.
62
Chap. those which relate to crimes against the state,
religion, revenue and other articles of police,
76) and in the form of magistracy. But it would
ae also follow, that such a change should not be
‘made without some such actual and cogent
necessity, which real wisdom could not overlook or neglect;—not that ideal neces- sity which ingenious speculation may always create by possible supposition, remote infe- rence and forced argument—not the necessity of assimilating a conquered country in the article of laws and government to the metropo- litan state, or to the older provinces which other accidents attached to the empire, for the sake of creating a harmony and uniformity in the several parts of the empire; unattain- able, and, as I think, useless if it could be attained :—not the necessity of stripping from a lawyer’s argument all resort io the learned decisions of the Parliament of Paris, for fear of keeping up the historical idea’ of the origin of their laws :—not the necessity of gratifying the unprincipled and imprac- ticable expectations of those few among your Majesty’s subjects who may accidentally resort thither, and expect to find all the differ- ent laws of all the different places from which they come, nor according to my simpie judg- ment, any species of necessity, which I have heard urged for abolishing the laws and gevern- ment of Canada.
“ The foregoing thoughts are humbly sub- mitted to your Majesty, as generai and absttrac
63
application, by what your Majesty may think
fit to resolve upon the matters of policy and }26,
state which have appeared to me in some de- gree previous considerations to any plan for the administration of civil and criminal justice, and upon which I have not presumed to offer any opinion. All which is humbly submitted to your Majesty’s royal wisdom.”
Such were the sentiments of british states- men of that day, and which every generous and genuine british heart of the present will respond to, and take pride in.—Sentiments, certainly not in the spirit of “ foreigners and intruders,” as their countrymen, since immi- grating to this, a land acquired by their fore- fathers, assuredly not through any complacency of its former owners, (for neither were they wanting in virtue or in bravery.) but by their
propositions, liable to be much altered in the chap.
il.
to 1774.
trusty arms, recently have been designated by |
their fellow subjects of french origin in the colony, the descendents of the then so called * new subjects,” for whose welfare and happi- ness so much solicitude was then evinced, as from that time to this it unceasingly has been.
The reader will have perceived the elements of the Quebec Act in the advice we have just perused, as submitted to the king by his Ma- jesty’s constitutional advisers, in reference to Canada ; and if he be a truly british subject, ~ sensible of the honor of his country and of the reputation of her statesmen and legislators, he must feel, and with an honest satisfaction, that
Chap. there was not less of wisdom displayed in their ll. councils, than of valour in the field by the little ‘T760 Dut gallant division of the army which, under
9, the immortal Wolfe, establishing itself, on the
64
‘memorable 13th September, 1759, on the plains
of Abraham, made classic by his fall in the mo- ment of victory, and by the achievement of that glorious day, placed the british standard on the hitherto impregnable citadel of Quebec, where, in triumph and unblemished, it has ever since waved, and let us hope long will wave in despite of all its enemies.
One position we may take in starting, as certain, and which, as we goon, we shall find to be confirmed by experience ; namely, that whatever abuses the colonists have, from time to time, had cause to complain of in the admi- nistration of their local affairs, these have been chiefly if not altogether attributable to tl _ local authorities; and that on the part of the impe- rial government and british parliament, a dispo- sition. favorable to Canada, and. to redress all real grievances and well-founded complaints. submitted to their judgment by the inhabitants of the colony, particularly by those of french origin, has never been wanting. These high authorities, have invariably been above all reproach, and uniformly just and_ liberal, though no doubt, occasionally embarrassed, in the diversity of opinions as to the line of policy which it might be the .sost desirable to pursue. Embarrassments that must have been enhanced by the discontent of the colonists of
65
british origin, or british birth, immigrating to Chay. Lower Canada; who, at times, deeming the |. british interests in the colony sacrificed to pro- {769 pitiate a party of the other origin, hostile to |‘ them, have thought the home government, to “'” use Mr. Wedderburne’s language, and in pro- secution of his policy, to have shewn “ more attention to the native Canadian than to the british emigrant,” and felt wounded at it.
to
1791.
The King signifies by message to parliament his intention to
CHAPTER Iil.
divide the province of Quebec into two separate provin- ces, to be called Upper Canada, and Lower Canada— Bill accordingly introduced by Mr. Pitt—his views of the subject—Mr. Fox’s views different from thase of Mr. Pitt as to the division of the province into two, thinking it more desirable to preserve its unity, as most likely to produce an amalgamation of the inhabitsnts of english and french origins—suggests anelective Legislative Coun- cil—-Mr. Lymburner heard at the bar in opposit on to the bill—his objections to it—various interesting notices by him on the state of the province of Quebec, since the passing of The Quebec Act, its judicaturc, kc.—-his anti- cipations in case the bill become law, and the province be divided in two—remarkable, as time and experience
have verified, for their general aceuracy. 4
PassinG over the militar’ and waval occur-
_rences of those days in Canada, which, as i774 previously meutioicd, are not within our plan, we proceed te the civision of the province of Quebec, as established by the act of 1791,* into the two provinees of Upper and Lower Canada, following the latter from birth to dissolution, and to its reincorporation with the former, from ‘hich, as many think, and perhaps justly, it ought never to have been separated.
The time had come, in the opinion of the
british government, when the state and circum- stances of Canada, rendered it expedient to
* 31 Geo. [II., ch. 31, usually called “ The constitutional Act.’’
67
confer upon the inhabitants of it, a more popu- Chap.
lar constitution than that they held under the Quebec Act. The old subjects, or those of british birth or origin, were rapidly increasing in the province by immigration from the United States, after the establishment of their inde- pendence, and were anxious for a government and constitution more in accordance with such as they had been accustomed to, and better suited to the advancement and welfare of their adopted country, than the government which, on their advent, they found in it.
There were also heavy complaints from the british settlers in the province to the govern- ment at home, on the state of affairs in the colony. The Quebec Act had not, it was said, secured the peace, nor promoted the hap- piness or prosperity of the people of the province, but produced the contrary effects ; —that from the uncertainty as to the law» intended to be introduced by that act, his *i:- jesty’s subjects had been obliged to depend for justice on the vague and uncertain ideas of the judges—end that although . had been six- teen years in force, the courts had not yet set- tled or agreed whether the whole of the french laws, or what part of them, composed the custom of Canada, as they sometimes admit- ted and sometimes rejected whole codes of the french law.
The progress of opinions in Europe, and the movements in France at the time, probably also had some influence upon tue minds of those
IL. i i 1774
to 1791.
Chap.
Uf.
tid 1774
to 1791.
68
at the helm of affairs in England, in their deter- mination to leave to their fellow-subjects in Canada nothing to be coveted in the example of foreign countries, particularly in the neigh- bouring one, and to bestow upon them a con- stitution as liberal as they could desire, and as might consist with the dependence of the pro- vince upon the crown and parliament of Great Britain.
As british subjects who had forfeited their worldly possessions in the cause of the empire and its integrity, and had abandoned their homes in preference to an abandonment of their allegiance, and migrated to the wilderness of the north, to seek an asylum and a new country, they were worthy of the solicitude of the government and nation to whose cause they conscientiously adhered. “ The loyalists,” as they were denom‘nated, had located themselves principally in the western parts of the province, along the north bank of the St. Lawrence, and in the vicinity of the lakes Ontario and Erie, where the climate was more genial and the soil better suited to agriculture than in the lower section of the province, known as Lower Canada. The country bordering upon those great lakes was at the time a vast solitude,
with but very little exception.
On the 4th of March, 1791, the following messaye from the king, was transmitted to the House of Commons :—“ His Majesty thinks it proper to acquaint the House of Commons that it appears to his Majesty, that it wouid be for
leter- sts in ample eigh- . con- nd as : pro- Treat
their Npire their nt of
69
the benefit of his Majesty’s subjects in his pro- chap. vince of Quebec that the same should be divid- ! ed into two separate provinces, to be called the 77;
province of Upper Canada, and the province of
Lower Canada, and that it is accordingly his Majesty’s intention so to divide the same, whenever his Majesty shall be enabled by act of parliament to establish the necessary regu- lations for the government of the said provinces. His Majesty, therefore, recommends this object to the consideration of this house.
“ His Majesty also recommends. to this house to consider of such provisions as may be necessary to enable his Majesty to make a per- manent appropriation of lands in the said pro- vinces for the support and maintenance of a protestant clergy within the same, in proportion to such lands as have been already granted within the same by his Majesty; and itis his Majesty’s desire that such provision may be made with respect to all future grants of land within the said provinces respectively, as may best conduce to the same object, in proportion to such increase as may happen in the popula- tion and cultivation of the said provinces; and for this purpose, his Majesty consents that such provisions and regulations may be made by this house respecting all future grants of land to be made by his Majesty within the said provinces, as this house shall think fit.” -
Mr. Pitt stated, in introducing his bill on this subject, “ that the division of the province into Upper and Lower Canada, he hoped would
iI.
70
“ag: Put an end to the com etition between the old
french inhabitants anc the new settlers from
i774 Britain and the british colonies : this division,
im be trusted, would be made in such a manner as
to give each a 5reat majority in their own par- ticular part, althou
Separation. An
€ apprehended from ancient Canadians being included in the one, or british settlers in the other, would be averted by a local legislature to be established in each, ° -
“ In imitation of the constitution of the mo- ther country, he should Propose a Co Ouse of Assembly for each ; the Assembly
members of the C
ife ; reserving to his Majesty to annex to cer-
tain honors an hereditary right of Sitting in the Council. A] laws and ording
vince were to remain in force til] altered by the new legislature. e habeas Corpus act Was already law by an ordinance of the pro- vince, and was to be continued as a fundamen- tal principle of the constitution,
“It was further meant to make a provision for a protestant clergy in both divis)
Coun stitut
e old from ision, er as par- ected An es n the id be ished
> mo- il and ly to d the s for cer-
the Dro- f by
act
7)
the consideration of the British Parliament. chay.
The tenures were to be settled, in Lower
Lf.
Canada, by the local legislature. In Upper 57) Canada, the settlers being chiefly british, the ae
tenures were to be soccage tenures. To pre- vent any such dispute as that which separated the thirteen states from the mother country, it was provided that the British Parliament should impose no taxes but such as might be neces- sary for the regulation of trade and commerce : and to guard against the abuse of this power, such taxes were to be levied and disposed of
- by the legislature of each division.”
The bill was warmly opposed in its progress through the house by Mr. Fox and some other gentlemen. They objected, in the first place, to the division of the province. “ It had been urged,” Mr. Fox said, “ that by such means we could separate the english and the french inhabitants ;—bit was ‘this to be desired ?— Was it agreeable to general and political expe- diency ~The most desirable circumstance was that the french and english inhabitants should coalesce into one body, and thatthe different distinctions of people might be extin- guished for ever. - If this had been the object in view, the English laws might soon have pre- vailed universally throughout Canada—not from force, but from choice and conviction of their superiority.”
Mr. Fox also proposed that the Legislative Council, or aristocratic branch of the new con- stitution should be “ elective.” “ Instead,
See gg ee ne a ——
72
Chap. therefore,”—said he—“ of the king’s naming ll. the Council at that distance, (in which case ‘zi they had no security that persons of property to and persons fit to be named would be chosen, ) ''- wishing as he did to put the freedom and sta- bility of the constitution of Canada on the
| strongest basis, he proposed that the Council | should be elective. But how elective ?—not | as the members of the House of Assembly were i intended to be, but upon another footing.-—-He mh proposed that the members of the Council at should not be eligible unless they possessed
| qualifications infinitely higher than those who
were eligible to be chosen members of the
4 i House of Assembly, and in like manner the i electors of members of Council must possess 0 qualifications also proportionably higher than h i) those of the electors of representatives in the & a ii House of Assembly. By this means,”—Mr. pin Hi Fox said“ they would have a real aristocracy rp i chosen by persons of property, from among ' , persons of the highest property, who would ke i thence necessarily possess that weight, influ- ane i ence, and independency, from which alone ane ii could be derived a power of guarding against wen | any innovations that might be made, either by the ae | people on the one part, or the crown on the : 2 other. In answer to this proposition’—Mr. | 7 i Fox observed—“ it might possibly be said to ra
| him, if you are decidedly in favor of an elec- | iii live arisiocracy, why do you not follow up your — | own principles, and propose to abolish the House of Lords and make them elective 7—
aming
| case operty osen,) id sta- n the ouncil 1—not ; were .--He ouncil sessed 2 who f the r the OSSess r than n the cracy mong vould influ- alone rainst y the
the
Mr. |
id to plec- your the ,
73
For this plain reason,
the same footing.”
Mr. Pitt, in reply to the various objections of Mr. Fox and others to the bill, stated among other matters—‘‘ that the population of Upper Canada amounted to only ten thousand inhabi- tants, and that of the Lower Province to not more than a hundred thousand,” an estimate differing considerably from those already seen. Dividing the province he considered as the best means of conciliating the french inhabi- tants, as they would, by this measure, be made sensible that there was no intention to force the british laws upon them. It would also, in elections, prevent that contest between the two parties, which would be likely to take place, if there were but one House of Assembly.
Mr. Pitt, again, in answer to a question asked by Mr. Francis, whether it were his intention, by the division of the province, to assimilate the Canadians to the language, the manners, the habits, and abvuve all, to the laws and constitution of Great Britain, said, that he certainly did mean so, and that he was clearly of opinion, in the present case, that an attempt to force on them those laws, to which their own
prejudices were averse, was not the way ever
to reconcile them to the british laws and constitution. - G
because the British chap. House of Lords. stood on the hereditary, "!- known, and acknowledged respect of the yj7, country for particular institutions, and it was ~ impossible to put an infant constitution upon’
Le LORETTA) a ee ER RT REINS INE SMT AN
“J y a . x. vy VS. yy << Oey Vy y & i Vy 4 wS, « AG Qw 4: .O ZG YF 2h da da <i > ') A EF EP Ere el S 9 sd af. — = wm. aoe ge see ERE a. UO X\ an? ys AX G Ay A; ~ > >> \ 4 N INS \ G JS Lng, V ‘No a> Y de & by *e 9 2 7
? K
74
Chap. The bill, as introduced, gave dissatisfaction | il. to many in Canada, and Mr. Adam Lymburner, || Saeq a merchant,of Quebec,as their agent,was heard, i to onthe 23d March, 1791, against it at the bar of || '’ 8 the House of Commons, where he read an inte- ill resting and able paper on the subject :—* While that province belonged to France,”—said Mr. Lymburner, in addressing the Speaker—* the country was thinly inhabited ; agriculture and commerce were neglected, despised and dis- couraged ; credit and circulation were very confined; and mercantile transactions were neither numerous, extensive, nor intricaie, for the India company had been permitted to retain the monopoly of the fur-trade, which was almost the only export, during that period, from the province. The French government fm seems to have been totally unacquainted with jf)
the mercantile resources of the country, and i to have estimated the possession of it merely Gr as being favorable to their views in distressing ‘ the neighbouring british colonies ; the inhabi- 1% ty tants were miserably poor, and the province @ x, was a dead weight on that kingdom. But, sir, ff }, the province has greatly changed since it was* ih pes ceded to Great Britain. At the peace of 1763, [fF jf, the commercial spirit and energies of those A vid Britons who have resorted to and settled in fi tet the country have, by promoting indystry and f# ;,, cultivation, discovered to the world the value on of that province; and though the effortsof a FF oh few individuals have not been sufficient to py
counteract all the pernicious consequences of
faction burner, heard, bar of n inte- While rid Mr. —* the re and nd dis- e very 3 were ie, for ted to which period, rnment bd with 7, and merely essing inhabi- ovince ut, sir,
t was*
1763, those led in y and value sof a nt to es of
d
a
{is
Hey ie ¥
iy 5. q
:
He
ba
> ¢ “
75
an arbitrary system of government and an un- Chap. ‘certain administration of law, yet they have Hl produced a wonderful change on the face of J557 that country ; the towns and villages are greatly ca increased ; the number of the people is nearly '”
tripled ; there is a double quantity of land cultivated ; the farmers are more comfortably lodged, and a great number of ships are annu- ally” loaded with a variety of articles the pro- duce of the province. If such amazing progress has been made in the period of twenty-five years, not only without any assistance from the government, by bounties or encourage- ments, but while the province was labouring under oppression and the people scarcely assured of enjoying the fruits of their industry, what may not be expected from the country, if encouraged by a generous system of govern- ment and assisted by the fostering hand of Great Britain? When, in consequence of the people being enlightened by education and science, the effects of ancient and narrow pre- iudices are destroyed, and the farmers have been induced to change their present wretched system of agriculture, [have no doubt, sir, that the province will be considered as a valuable appendage in the line of trade; and, instead of exhibiting a weak government and impoverished country, it will acquire that de- gree of respectability which its situation, soil and numbers ought to command.
‘¢ The bill, sir, now under the deliberation of this honorable house states in the preamble,
-
Mes are ee tS eae PS NO NE ~
—
Chap. it monly called ‘ the Quebec Act’ is in many
1774 to 1791.
76 that the act of the 14th of his Majesty, com-
respects inapplicable tu the present condition and ‘* circumstances of the province.’
“ This, sir, is very true, and justifies the complaints of the people, so often expressed in their petitions against that act. They have had a long and painful experience of the ineffi- ciency of the act. They have severely. felt and suffered under the confusion which that act introduced into the government of the pro- vince ;-—they have been exposed to the perni- cious effects of uncertain and undefined laws, and.to the arbitrary judgments of courts guided by no fixed principles or certain rules,—and they have seen their property, in consequence thereof, dissipated without a possibility of help- ing themselves. It was these evils which induced them to pray this honorable house that the’act intituled, “ An act for making more
‘‘ effectual provision for the government of the -
“ province of Quebec,” might be repealed in toto.
« Sir, though AA bill declares in the
preamble that the Quebec Act is “ in many respects inapplicable to the condition and cir- cumstances of the province,” yet it only pro- poses to repeal one clause. Will it be consi- dered as doing justice to the declaration or to the petitioners, or tothe province to declare thus publicly, that the act is pernicious in many respects, and to give the necessary relief only in one point? Ihave examined the Quebec
oe pee
eee OL Hm so Ss
com- many dition
s the ‘essed r have inefhi- y felt 1 that > pro- erni- laws, uided —and uence help- , hich e that
more
bf the -
aled
n the
any 1 cir- pro- pnsi- Dr to lare bany only -bec
ee a i i ¥
77
Act witha great deal of care, but have not chap.
been able to perceive any powerful reason for which it ought to be preserved. 7
** * * * * « T cannot perceive any rea- son for retaining that act as part of the new constitution. Sir, | have understood govern- ment were fully convinced that what is called in the Quebec Act, the laws of Canada, had not yet been defined ;—that though six- teen years have now elapsed since that act began to operate, it is yet to be determined what or how many of the laws of France com- posed the system of canadian jurisprudence previous to the conquest, or even if there was any positive system, particularly for commercial transactions. .
“ Ts it intended, by making the Quebec Act the foundation of the new bill, that we shall remain in the same state of doubt and uncer- tainty which has already given us so much trouble—or that we are, in the new legislature, to combat the prejudices of these our fellow subjects, who, being unacquainted with the nature, the privileges, or circumstances of mercantile and personal transactions, are little inclined to favor them? I might instance Scotland in this particular—how strenuously did the people of that country contend at the union to preserve the whole of their own laws? I believe it will be allowed that the reservation has not been favorable to that part of the kingdom, andthe people of Scotland were at
G 2
[I] mow
1774
to
A791. ©
ae alert ae ee ae eee oe
isan rte ai
— |
meet Ser Fenian et oS Res eT ae ee 1 aS pecan egies cans iaapralaein = ch iota toe tanya amoenle Saas SASSER Ss oN Shai % eae a o je Z c = ie ae he ;
ote
Chap. See 1774 to
L791,
78
that time much more enlightened than the Canadians are now.
« Sir, this honorable house may, perhaps, be told that the french Canadians esteem the Quebec Act;—that some of them have ex- pressed their approbation of it in petitions to his Majesty ; and, therefore, that great respect ought to be paid to the prejudices and prepos- sessions of these people. I have, sir, a very high respect for the prejudices of education ; and every person, I suppose, has felt the eflects of them; they often proceed from the most amiable motives ; and I have known men of the best hearts and of sound understandings greatly influenced by them; but, because | respect these natural defects in my neighbours, would it be fair or honorable in me to foster, cherish and encourage them ?
‘Is it conferring any favor ona people to nurse and feed prepossessions which from their very name must be considered as faults or blemishes? No, sir, for though it would be
extremely wrong to wound the feelings of a -
people, by attempting rudely to eradicate their prejudices; yet, I consider it as the duty of government, in kindness to its subjects, to weed out these prejudices gently and by degrees.
‘The french Canadians have now been thirty years subject to the british empire ;— they have had time to acquire some of our customs and manners ;—to study, in a certain degree, the principles of our laws and con-
79
the i. Stitution,—and I stand before this honorable chap. }) house the agent, I have no hesitation te say, 1! 1s,be | ofa number of the most respectable and intsl- re . the ® _ligent of these french Canadians, to solicit the ES | total repeal .of the Quebec Act. sia “ The investigation which was made by order of Lord Dorchester, in the year 1787, into the past administration of justice in the province, and which is in the hands of his Majesty’s mi- nisters, as well as the disputes beiween the facta upper and lower courts in the province since wnat | that period, will shew that neither the judges, fib | the lawyers, nor the people understand what were the laws of Canada previous to the con- quest. ‘There has been no certainty on any object of litigation except in such matters as regarded the possession, transmission, or alie- nation of landed property, where the custom of Paris is very clear. I cannot, therefore, sup-
2 @X- NS to spect epos- very ON 5
reatly spect vould .erish
ble to i ; : that 4 pose that this honorable house will consider it
* incumbent on them to gratify the prejudices d be \ of a part of the people on a point of so much
ts or
importance to the whole ;—an object that must continue and, perhaps, increase the confusion¢ which has too long prevailed in the province, and which has brought the courts into disrespect and occasioned much uneasiness among the people. -
“ IT shall hope that this honorable house will repeal the whole of the Quebec Act, in com- pliance with the desires of my constituents, french and english, as being a statute extremely obnoxious to them. One or two short clauses
of 3 their
SO
added to the new bill will provide for every part: of that act which is necessary to be ~aained. We shall, perhaps, find it sufficiently
177 to} difficult to explain and understand the new law; “but it, must greatly increase our difficulties, if
we are obliged to revert to the Quebec Act, to know the full extent of our constitution.
«¢ My constituents wish to receive from the british parliament a new and complete consti- tution, unclogged and unembarrassed with any laws prior to this period. Acts explaining acts, or amending acts, however they may be proper or necessary in the progress of legislation, often involve the objects in greater perplexity and confusion, and itis of the utmost import- ance to the tranquillity of the province that the new constitution should be clear, distinct, pointed and intelligible.
‘The bill now under the deliberations of this honorable house proposes, in the second and subsequent enacting clauses, to separate or divide the province into two governments, or otherwise,to erect two distinct provinces in that country, independent of each other. conceive what reasons have induced the pro- position of this violent measure. I have not
heard that it has been the object of general
wish of the loyalists who are settled in the upper parts of the province ; and I can assure this honorable house that it has not been desir- ed by the inhabitants of the lower parts of the country. I am confident this honorable house will perceive the danger of adopting
I cannot |
every to be siently w law; ties, if c Act, n.
ym the consti- th any g acts, oroper lation, lexity mport- hat the istinct,
of this d and te. or ts, or n that
annot |
e pro- e not
n the ssure Nesir- ts of rable
pting
bneral
81
a plan which may have the most fatal conse- chap
quences, while the apparent advantages which
. . . » i it offers to view .are few and. of no great 477,
moment.
« Sir, the lcyalists who have settled in the’
upper parts of the province have had reason to complain of the present system of civil govern- ment, as well as the subscribers to the petitions now on the table of this honorable house.— They have been fellow sufferers with us, and have felt all that anxiety for the preserva- tion of their property which the operation of unknown laws must ever occasion; a situation of all others the most disagreeable and distress- ing, and which may have engaged some of these people who could not perceive any other way to get out of such misery, to countenance the plans of a few individuals who were more intent to support their own schemes, than to support the true interest of government in the general tranquillity and prosperity of that ex- tensive country. But, sir, even supposing that this division has been proposed in consequence of the general wish and desire of the loyalists, I hope this honorable house will consider, on an object of such vast importance as that of separating for ever the interests and connec- tions of the people of that country, who, from local situation, were certainly designed by nature to remain united as one,—that the interest, the feelings and desires of the people of Lower Canada ought to be consulted and attended to, as wellas the wild project of a
\ \
IL.
hw 71,
a lb
Evan tee oe ee eee pepe ares
SS eer neliuerresciar -aaesaean oman neem ce MO ED
Sakai aaa
oars
; HEI ; 1th} Hi ' Hii | | Sie i if ili el \ i] ] Biel i} ae iii " li hae it > ie i Bt] it ae i if Sa it i i ont
UI.
82
Chap. Smail body of people, who are thinly scattered
over the upper parts of the province, who
eve . . ° . i774 have not had time to enquire into and examine
to 1791
their relative situation, and the natural depend- ence which their country must have on the lower parts of the province.
Sir, in the petitions now on the table, from my constituents, inhabitants of the province of Quebec, this honorable house will observe they have complained that the province has been already: greatly mutilated, and that its resources would be greatly reduced by the operation of the treaty of peace of 1783. But, sir, the could not have the most distant idea of this new division. They could not conceive that while they complained of the extent of their country being already so much reduced as materially to prejudice their interests and con- cerns, it would be still further reduced and abridged. If, at the time they penned their petitions, they could have supposed or fore- seen this proposed division, it would have fur- nished them with much stronger reasons of complaint that their interests would thereby be injured. Sir, Iam sure this honorable house will agree that the province ought not to be divided into separate and independent govern- ments, but on the most urgent reasons, and after having seriously and carefully weighed all the
’ consequences which such a separation is likel
to produce. For, if, from experience, the divi- sion shall be found dangerous to the security of government, or to the general interests of
83
the people, it cannot again be reunited. * chap.
attered That strong principle of nationality or national yg 2, who prejudice which at present connects the people 7774, YA xamine of that province to one another, as being mem- Ea er epend- § bers of one state, who, though scattered over Bt! onthe ( an immense country, yet all look up to one ol # centre of government for protection and relief, tt » from i is of the utmost consequence to the security of ei) |) ince of § acountry where the inhabitants are so much at i ve they dispersed. It is that political connexion which ! q : 3 been forms such a prominent feature in the charac- Mey | ources ter of all nations ;—by which we feel, at first 4 | ‘ion of sight, a degree of friendship and attachment at i , they which inclines us to associate with, and to ie of this serve a subject of the same kingdom ;—which eel re that 9 makes us look ona person from the same coun- ea ’ their m@ try and province as an acquaintance, and one en ed as @@ from the same town as a relation ;—and it is a ail d con- f fact which the history of all countries has estab- ne d and } lished beyond the possibility of a doubt, that ma their | people are more united in the habits of friend- Pai, fore- ship and social intercourse, and are more ready a: re fur- = toafford mutual assistance and support from { : ons of | being connected by a common centre of govern- by be fm ment than by any other tie. In small states this | ouse m @©principle is very strong; but even in extensive | to be | empires fffetains a great deal of its force ;— vern- | for, besides the natural prejudice which in- il after _ clines us to favor the people from our own : i ll the | country, those who live at the extremities of an i ikely §§ extensive kingdom or province are compelled i divi- y to keep up a connection or correspondence WI urity | { e This, however, has been done. ; i Be i i
sts of he
SS
<x . ae ay SA ———— ae = —
—
—— — -
Chap. UI. ee) 1774 to 1791,
84
with those who live near the centre or seat of government, as they will necessarily, at times, have occasion to apply for favors, justice or right; and they will find it convenient to request the assistance and support of those whose situation enables them to afford it.
“ [might here compare the different situa- tion of Scotland, now united to England and governed by the same legislature, with some other of the dependencies of the british empire ;
but I consider it to be unnecessary, as the ob-
ject must be present to the recollection of every
member of this honorable house.
“ T beg leave to mention as a consideration worthy the attention of this honorable house against the division of that country and the establishment of a new government in the uppe part of it, that the new province will be entirely cut off from all communication with Great Britain ;—that their government will be com- plete within itself;—and as from their situa- tion they cannot carry on any foreign com- merce but-by the intervention and assistance of the merchants of Quebec and Montreal, they will, therefore, have little reason to correspond with Great Britain, and few opportunities of mixing in the society of Britons. How far these circumstances may operate in gradually weakening their attachment to the kingdom, [ shall leave to the refiection of the honorable members.
‘“¢ These are considerations which I have no doubt will have due weight with this honorabI:
ho pol
mo wil
the
wh: qul
tha suf] reje me) ble
FeC whi any Lat of t tow 8 by mw ight perus ed to the s Gren open and a (not | acces selve britis and ¢ in the the p felloy natio bly n isles, and i tincti
r seat of at times, ustice or nient to of those it.
nt situa- and and ith some empire ; 3 the ob- of every
ideration e house and the he uppei » entirel h Great pe comM- ir situa- gn com- stance o} al, they rrespond nities of How far rradualls ingdom, onorable
have no onorabl
85
house ; and there are many others of a general chap. 1) ty political m... equally strong, and, perhaps, " ee || more pointed, against this innovation, which 4774 \ will necessarily occur in the consideration of , | ‘ : >... 1008: the subject.—But there is one consideration which is of the utmost importance to the tran- quillity of the people inhabiting, all the parts of that country, and which will alone, [ hope, be . ae sufficient to induce this honorable house to may reject the plan of anew independent govern- | ment. I beg leave to request that the honora- ble members will recollect and attend to the geographical situation of that country, from which it will appear evident that no vessel ot any kind can proceed further up the river St. Lawrence than the city of Montreal, on account of the rapids which are immediately above that town.* Of course, as every article of neces-
* These natural obstacles are now, however, effectually overcome by means of steamers and the Lachine Canal. How would the en- lightened mind that produced the almost prophetic document we are perusing, if it could revisit us, and see again the localities there allud- ed to, admire the astonishing improvements that have taken place, in the short period that has elapsed since that day. The Lachine, the Grenville, the Rideau, the St. Lawrence, the Welland Canals, have opened the way for sea going ships from Lake Huron to the Scean, and a canal at Sault Ste. Marie, of a mile or less, at no great expense, (not exceeding £100,000, if so much,) would render lake Superior accessible to ships from sea and war steamers. ‘These are, of them- selves, gratifying proofs of the supericr enterprise and energy of the british race, and british colonists in the Canadas, by whose industry and capital chiefly these great improvements have been effected, and in the rapidly increasing numbers of whom, at no distant period from the present time, their less enterprising, though, perhaps, more frugal ‘ellow subjects of the other origin, claiming a national existence as la nation canadienne will be merged, as they once imagined, and possi- bly many of them still may, those emigrating hither from the british isles, would be, in the midst of the “‘ nation.”? This whim, imaginary ind idle as it is, tending only to keep alive national prejudices, and dis- tinctions of national origin among british subjects, for the benefit of a
H
Chap. Sity, or luxury, which the inhabitants of the
Il. ‘eve
1774 ~ to 1791.
86
upper district have occasion for from Britain, or any foreign country, must come to them by the river St. Lawrence,t they must be landed at or below Montreal, where they must be stored by the merchants of Quebec or Montreal, until carriages and boats are provided to send them forward ;—likewise, that every article of produce which the people of these upper dis- tricts wish to export, must be sent in boats to Montreal; or perhaps to Quebec, for the pur- pose of being shipped for exportation, and that as well the articles of import as of export must, in passing through the lower country, become subject to the laws, regulations, duties and taxes which may be imposed by the legislature of the lower country. Now, supposing the division to take place, .s-it may be expected that the new legislature of Quebec shall, in due time, provide a revenue towards the.support of the civil government of that part of the province, it is more than probable that whatever money is raised for that or any other public purpose,will be done by duties payable on importations. It is, therefore, an object that deserves the most serious reflection of the honorable members, to
few to the injury of the mass, and to perpetuate the isolation of the Canadians of french descent from the great english, or asit is fashion- able to term it, anglo saxon family of North: America is still, it seems, entertained, notwithstanding the unsuccessful attempts of 1837 and 1838 to realise the ‘ nationalité”’ so ardently, but we will add, hope- lessly aspired to.
+ Here, again, what would be his astonishment to find New York, the favorite seaport for importations to Upper Canada, and Portland, (in Maine) to Montreal.
ants of the om Britain, to them by t be landed y must be wr Montreal, ded to send
ry article of |
: upper dis- ; in boats to for the pur- on, and that -xport must, ry, become
1a a. |
4
|
es and taxes jj lature of the the division }
ted that the
due time, port of the province, it
urpose,will rtations. It es the most
embers, to
P isolation of the r asitis fashion- is still, it seems, pts of 1837 and e will add, hope-
find New York, la, and Portland,
igs :
a secemenn ssi (cs ae EE a Wm CO ee .
87
+ consider how far the people inhabiting the chap. @ upper government will approve of, and be con- ia: tent to pay taxes or duties on their importadons 47,, or exportations, when the produce of those» taxes or duties is to be applied towurds sup- —
porting the expenses of the civil government of the lower province, or for building public edifi-
ces; or otherwise improving or beautifying that part of the country; or the purpose of f granting bounties or encouragement to promote
agriculture or particular trades or manufactures, of which the people in the upper province
mm cannot, from their situation, im any manner i participate in the advantages. ; = “It is impossible, sir, if the province of Quebec is divided, for the wisdom of man to lay down a plan for these objects that will not afford matter of dispute and create animosities B between the governments of the two provinces ‘which, ina few years, may lead to the most serious consequences. er money is jag the seeds of dissension and quarrels which,
um however easy it may be to raise, it wili be found extremely difficult to appease.
This would be sowing
‘¢ I see, sir, there has been amendment made
fto the bill, in the committee, relative to the ‘duties which may be ordered to be levied by }parliament for the regulation of commerce, which is—‘ that parliament may appoint and ‘direct the payment of drawbacks of such duties so Imposed.’ ‘to give drawbacks to the upper part of the ‘country on such goods as are carried there
This, sir, I suppose is intended
« .
Chap. Which may have paid duties of entry on impor- MI tation jato the lower country. But this will 17744 Open a wide door for smuggling in a country
to 1791.
—-
where there is no possibility of preventing it, and I am sure the people of the lower country will not be pleased to see large sums of money levied on the importations drawn back by
‘smugglers. This will be found a very ineffec-
tual mode of providing a remudy for an object of that importance,.and may have the most serious consequences by raising questions of the most delicate, and, to the province, of the most interesting nature.
“In short, sir, this division appears to me dangerous in every point of view to the british interest in America, and to the safety, tran- quillity, and prosperity of the mhabitants of the province of Quebec. . It ‘may, perhaps, have been alleged in favor of dividing the pro- vince, that the distance which some of the deputies of the upper districts will have to travel to meet those of the lower districts in legislature, would be inconvenient and expen- sive; but, sir, is the convenience of fifteen or twenty members of the legislature an object of such moment that the tranquillity of the whole of that extensive country must be endangered to assure their ease? Do not Caithness and the Orkneys send members to represent them in this honorable house ? And I will venture to assure this. honorable house that it will not be
more difficult to travel in the inhabited parts o!
that country than it is from the Orkneys to
at as shee
| impor- this will country nting it, country f money yack by ineffec- 1 object he most stions of >, of the
's to me e british ly, tran- yitants ol perhaps, the pro- p of the have to tricts in expen- fteen or pbject of e whole langerec ness and nt them pnture to ll not be
| parts of
kneys to
sate Ge, eee
89
London. I beg leave on this point to bring tochap. | ihe recollection of this honorable house that !! i the distance from Quebec to Niagara is about (774 500 miles, and that Niagara may be considered __
as the utmost extent westward of the cultiva-'’”" Wee ble part of the province. For although there is Me a small settlement at Detroit, which is and ae must be considered of great importance as a post of trade with the Indians ; yet it must ap- pear to this honorable house, from its situation, ie} |; it can never become of any great importance as Me |)
a settlement; the falls of Niagara are an insur- ov mountable bar to the transportation of such : met rude materials as the produce of the land.* As hee the farmers about Detroit, therefore, will have nt
only their own settlement for the consumption of their produce, such a confined market must - al greatly impede the progress of settlement and ey cultivation for ages to come. Sir, as the We greatest extent of the cultivable part of the pro- vince westward, may be estimated at 500 miles ae distance from Quebec, the districts of Gaspé - i) and Chaleurs Bay are almost as far east of iy that ‘capital, being about 400 miles distance. % So that Quebec is nearly in the centre of the a cultivable part of the province, and when the | RI roads are properly made, which will be the ve course in a few years, the distance of either of !
have outstripped his imagination. The progress of the country be- tween Niagara and Detroit,