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A HISTORY
OF THE
LATE PROVINCE OF
LOWER CANADA,
Parliamentary and Political,
FROM THE COMMENCEMENT TO THE CLOSE OF ITS EXISTENCE
AS A SEPARATE PROVINCE J
Embracing a period of Fifty Years, that is to say : — from the erection
of the Province, in 1791, to the extinguishment thereof, in 1841,
and its reunion with Upper Canada, by act of the Imperial Parlia-
ment, in consequence of the pretensions of the Representative
Assembly of the Province, and its repudiation, in 1837, of the
Constitution, as by law established, and of the Rebellions to which
these gave rise, in that and the following year; with a variety of
interesting notices, financial, statistical, historical, &c., available
to the future historian of North America, including a prefatory
sketch of the Province of Quebec, from the conquest to the passing
of the Quebec Act, in 1774, and thence to its division, in 1791,
into the Provinces of Upper and Lower Canada ; with details of
the Military and Naval operations therein, during the late war
with the United States ; fully explaining also the difficulties with
respect to the Civil List and other matters ; tracing from origin to
outbreak, the disturbances which led to the reunion of the two
Provinces,
BY ROBERT CHRISTIE.
IK THREE VOLUMES.
VOL. I. A
\ -.
QUEBEC:
PRINTED AND PUBLISHED BY T. CARY & CO.,
BOOKSELLERS AND STATIONERS.
1848.
ENTERED according to the Act of the Provincial Legislature, in the
year one thousand eight hundred and forty-one, " for the protec-
" tion of copy rights in this province," by ROBERT CHRISTIE, in.
the office of the Registrar of the Province of Canada.
February, 1848.
TO HIS EXCELLENCY
THE RIGHT HONORABLE
JAMES, EARL OF ELGIN AND KINCARDINE,
KNIGHT OF THE MOST ANCIENT AND MOST NOBLE
ORDER OF THE THISTLE,
HER MAJESTY'S
GOVERNOR GENERAL
OF
BRITISH NORTH AMERICA,
THIS WORK IS, WITH HIS EXCELLENCY'S LEAVE,
RESPECTFULLY INSCRIBED BY
THE AUTHOR,
INTRODUCTION.
THE 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 j 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.
11
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
Ill
is certain. — The same spirit that rendered the constitu-
tion abortive, in Lower Canada, survives, and far from
neutralised by the union, still leavens tha larger mass,
and though for the moment stifled in it, is 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
lookout, 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, miscalled " 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
provide 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, accord ing 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 of a 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 be 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 epochs in the history
of Lower Canada, will be observed by the reader —
First — from the establishment of the constitution, in 1791
to 1810, 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
two races, 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 in their 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. Thirdly—from 1818 to 1828, during the
so called u 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.
VI
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 u 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
parts of the province, in that and the following year,
in connection with its pretensions, and stimulated by
its example and doctrines ; events in themselves to
be deplored, and which brought on, in 18-10, the act of
reunion, merging the two provinces into orif, the pro-
vince of Canada, as a remedy, 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 1828,
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-
ments that might be suggested, he is represented to
have stated, that an elective council might he sale
enough, but that it was contrary to the constitution,
and to the wishes even of those whom he represented,
and the notion was dropt. We next find it intro-
duced for discussion in the assembly, by Mr. Lee,
without effect however, the assembly not being then
disposed to countenance the proposition ; but finally, a
tew years afterwards, we find it revived and insisted upon
by the assembly, as a principle which, at all hazards, it
was determined should be introduced into the formation
of the legislative council, repudiating for the sake of it,
the existing constitution, refusing also, as previously
they had done for years, the necessary supplies to
defray the ordinary and extraordinary expenses of the
government to carry their point, and coerce the home
government into the measure.
As to the difficulties relating to the civil list, the
reader will easily see through them. The purposes of
the assembly were too palpable to be mistaken, although
when the offer was first spontaneously made, nothing,
there is every reas >n to believe, was intended, beyond
.putting the matter upon a fair and constitutional footing,
and to secure to the representatives of the country their !. ,
just and rightful controul upon the public expenditure.
The subject took, however, in the sequel, another turn,
and became one of great annoyance to the executive
government and to the country. Whatever opinion the
reader may form on this and other matters he will meet
with on which difficulties arose, he will not fail to I
mark and appreciate the unwearied, the exhaustless j
patience of the home government throughout the long
Mil
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 get 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, clown 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 ultima ratio, putting an end to all
further conciliatory steps. The reader will not fail
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 constituent masses throughout the
province, with trifling exceptions, as previously men-
tioned. The endeavours of the home government to
conciliate, the determination not to be conciliated by
anv concesions, it could safely or consistently make,
being evident, were viewed from the outset ay 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 pre-
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
Lower Canada, whither they had been altogether
withdrawn from the upper province 3 by the wise pre-
vision of the commander of the forces, and well it was
that he had the foresight and prudence to take the
precaution. — Never, perhaps, had so extraordinary a
change, and as many will insist upon it, causelessly,
been wrought in the minds of, it is not too much to say,
a whole population in so short a period as now mani-
fested itself in the Montreal district particularly, where
twenty-five years previously, upon the threatened
invasion by our neighbours, there was not a man living
who would not have shed his blood in defence of that
government and constitution, which, in some parts
almost to a man, it seemed, they were now as deter-
mined and ready to subvert, a consummation ardently
desired in the fever and delirium of the moment, and
which the whole of her Majesty's forces in the country
directed as they were by one of the ablest gene-
rals in the british army, but with difficulty prevented)
and not without loss of life, and though of little
consequence compared to it, much waste of treasure, —
and how to account for the change ? Phrensy, political
influenza, sense of wrong — the reader and the casuist
may call and attribute it to what they please, but it is ot
the severe duties of the annalist, however painful to him-
self or offensive to others the task, faithfully and without
bitterness to record the change^ and the events, and to
leave to the statesman and the philosopher the study of
them as a subject worthy of their consideration.
Let it not for a moment be supposed from anything
that has preceded that there is a disposition to undervalue
the estimable qualities, moral and social, of the Canadian
habitant of french origin. The class is too generally
known and its virtues acknowledged, to need commenda-
tion or commentary as to character here. Many indeed
of them have erred, but, who has not? — and may err
again. Unable always to judge for themselves in matters
of policy and government, they are, perhaps, too
easily led, and sometimes astray, by those in whom they
have confided, but the diffusion of education and the
light of the press will, by and bye, it is to be hoped,
dispel the darkness ; and we who live, may yet before
departing see the day when not a spot upon the
escutcheon of our fellow subjects of french origin but
shall have been wiped away.
The Canadian population of french descent are not,
be it observed, to be judged of morally, or socially, by
the late disturbances, in which numbers of them in certain
quarters,were induced to join, at the instigation of lead-
ers and political agitators, some of whom at the crisis,
abandoned and fled from those they had misled. In a
religious, moral, and social sense, the french Canadian
character is not excelled by that of any people in the
world. He who would be perfectly acquainted with
Jean Baptiste must visit him at his country residence,
and abide with him there awhile — if in the winter season,
when the long veillees afford leisure and opportunity for
conversation, all the better ; — see him in his social and
domestic circle, in the several relations of parent, neigh-
bour, and friend, and he will then understand and
appreciate the old gentleman.
Canada, be it also observed, never was a convict or
penal colony to which the offscourings of the mother
country, France, were transported. On the contrary,
the greatest care was bestowed by the french govern-
XI
ment, from its first occupancy of the country, in the
colonization of it ; many individuals of the first families
in that kingdom, and gentlemen, taking an interest, em-
barking in the enterprise, and emigrating to the colony
then called and known as "/a nouvelle France," the
influence of whose manners and example upon their
followers partaking in common with them of the
urbanity of the french disposition, is still conspicuous
and characteristic of their descendants. Liberal endow-
ments, for the religious needs of the colony, for the
instruction of its youth, male and female, for hospitals,
asylums, and other charitable institutions, were made at
an early period, and on a magnificent scale, as the
estates of the late order of Jesuits, those of the seminaries
of Quebec and Montreal, and of the various religious
communities of ladies iia those cities testify. The
government, though in its character despotic, was in
the reality any thing but that, an exceedingly paternal
one, providing mild and wise laws, suitable to the infant
state of the colony, and fostering its growth by every
means that could be devised, and sparing no expense.
In fact, everything was done that foresight and wisdom-
could suggest ; as if the government of France contem-
plated in the colonization of Canada, as no doubt it
did, the establishment of a future empire, and were
determined to lay the foundations accordingly, broad
and 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
dominion.
The first and second chapters, it will be perceived,
are rather introductory to, than a part of the history
Xll
itself, of Lower Canada. But the matters they treat
of, being necessary to a right understanding of it, the
writer has thought proper to initiate his reader, by
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
say, from the conquest in 1759 and 1760, down to
1791, a period of thirty years. The reports of the
attorney general Thurlow and solicitor general Wed-
derburne, on Canadian affairs, in 1772 and 1773,
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
of u 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
Xlll
agreeable duty to the writer of these lines to put on
record, as an humble tribute, of his respect for the
memories of the great and good men by whom such
noble sentiments were expressed, towards the race and
country, of whose general history he is endeavouring to
put together a portion for the use of future labourers
in the same field.
With respect to the extinguishment of Lower Canada,
as a province, and its reunion with Upper Canada, the
writer wishes it to be understood that his work is
intended, neither as an apology for, nor in animadver-
sion of the measure, but impartially to record, as of his-
tory, those matters that led to it. The reader will judge
for himself of its expediency or the reverse, according to
the view he may take of them. The history of a people
is part of their public property, and not the least valuable
of it, and this is but the writer's contribution to the
general stock. The intelligent reader, will, it is hoped,
however, on a perusal of the whole, be able to form a
just opinion upon that important measure, and deter-
mine whether, consistently with the integrity of the
empire and the dignity of its government, the separate
existence of Lower Canada as a province, after all that
had occurred, were any longer endurable, and its sup-
pression and reunion with Upper Canada (which by the
same measure, be it also observed, lost in like manner
its separate existence) were not, rather than a matter of
choice, one of absolute necessity imposed on the imperial
authorities by the former. At all events, the reunion be-
ing now a work accomplished and done, not hastily nor
without due consideration of the subject,in all its bearings,
will, 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,
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
suppose be wiser, taking all things to account, in the
masses, frankly to join in carrying out the views of the
imperial legislature, than to combine in thwarting
them, if such be contemplated : — to make it in good faith,
and in the true spirit of british subjects faithful to their
duty, their allegiance and their interests, work in the
right direction, as a measure of internal union and
strength for constitutional purposes, the promotion and
stability of good government, and above all, the inte-
grity of the empire, rather than as some political
sciolists of the day treacherously would turn it, to sap
the foundations of our whole social and political fabric,
facilitate the progress of treason, and hasten the subju-
gation 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, avert.
Quebec, January, 1848.
CHAPTER I.
Sketch of Canada from the Conquest, (1759 and 1760) to
the passing of " The Quebec Aci" 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
free exercise of the religion of Rome, and confirms the
Clergy in their accustomed dues — The Governor or Com-
mander in Chief for the time being, and a Council ap-
pointed by the Crown, empowered to make Ordinances
for the peace, welfare, and good government of the Pro-
vince, &c. — Opinions of the Act in England — Address of
the General Congress to the inhabitants of the Province of
Quebec.
THE first intervention of the British Parlia- chap
ment in the affairs of Canada, after the con- J
quest, finally achieved by the capitulation of ITGO
Montreal in 1760, and confirmed by the treaty 17f°4
of peace between France and England in 1763,
was in 1774, when two Acts were passed relat-
ing to the newly acquired territory, then called
" the Province of Quebec." The one gave it a
constitution and form of government which we
shall more particularly notice presently. — The
other provided a revenue for defraying the
administration of justice and support of the
civil government, by the imposition of certain
duties 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
2
chap, and far short of the amount annually required
^ for the purposes to which they were appro-
i76o priated, the deficiency being supplied from the
JQ 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. Ill, chapters 83 and 88.
previous to the conquest, to be determined
according to the ancient customs and civil laws
of Canada, and by judges conversant with those neo
laws, selected from among their own country- ^°4
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 of
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 in the 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
ci*p* asserted that there was no fixed rule in admi-
^~ nistering it, justice being sometimes dealt out
yjj0 according to the one code, and at times accord-
1774 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, inl 794, 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 law7, 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 ; each 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
and guaranteed to them, by His Majesty's pro- chap.
clamation ; and the new, for their ancient cus- L
toms and usages, by which, during a long 176a
series of years their civil rights, possessions, to
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, than to 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 a council or a
certain number of advisers, was perfectly intel-
ligible to them, and such as they had been
accustomed to, and if honest and upright, all
6
chap, they desired. A constitution consisting of a
governor and two branches, was quite new to
the great body, who could not understand their
meaning or purposes, and therefore considered
' the whole as an English invention, (invention
dnglaise,) 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
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
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
council appointed by the crown, in conformity
to the provisions of " the Quebec Act."
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.* Tt was, however, just in its
* Authentic copy of an Address and Petition presented to the
King by the Corporation of London, previous to His Majesty
signin* the Bill for the better government of Quebec : —
" To the King's Most Excellent Majesty.
:i Most Gracious Sovereign.
'• We your Majesty's most dutiful and loyal subjects, the Lord Mayor,
Aldermen and Common Council of the city of London, in common
council assembled, are exceedingly alarmed that a bill has passed
provisions towards the King's new subjects, Cha
suited to the country, and worked well.
The population of the province at this time
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 ol
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
bill in any civil cases, and the French law of Canada is imposed on all
Mif inhabitants of that extensive province, by which both the person.-*
and properties of very many of your Majesty's subjects are rendered
insecure and precarious.
" We humbly 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
realm of England, but likewise repugnant to your royal proclamation
of the 7th of October, 1763, for the speedy settlement of the said new
government.
<> That, consistent with the public faith pledged by the said procla-
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.
" That the Roman catholic religion, which is known to be idolatrous
and bloody, is established by this bill, and no legal provision is made
for the free exercise of our reformed faith, nor the security of our pro-
test ant 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-catholic
ancient branch of the Stuart line, under the express stipulation that
chap, 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
preceding 1766, only amounted to £2,327,
Halifax currency. By the Receiver General's
accounts, observes the same gentleman, the
territorial revenue for the thirteen years from
1st 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 ruin of 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 princi-
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."
Extract of an Address to the people of Great Britain, from
the Delegates appointed by the several English Colonies of New
Hampshire, Massachusetts Bay, Rhode Idand, 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
us — 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
9
ing arrears, was in actual receipt at the trea-chap.
sury, not equal to ten thousand pounds sterling.
" The Quebec Act" defined the boundaries
of the Province of Quebec. It set aside all
provisions under the royal proclamation of 7th
October, 1763, pursuant to which the province
had since been governed, the same having, it
was said in the Act, upon experience, been
found inapplicable to the state and circum-
stances of the province, the inhabitants whereof
amounted at the conquest to over sixty-five
thousand persons professing the religion of the
church of Rome, and enjoying an established
form of constitution and system of laws by
which their persons and property had been
— to destroy our charters, and change our forms of government) would
occasion, and had already occasioned great discontent in all the colo-
nies, which might produce opposition to these measures, an act was
passed " to protect, indemnify, and screen from punishment, such as
might be guilty even of murder, in endeavouring to carry their oppres-
sive edicts into execution ;" and by another act " the dominion of Ca-
nada 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-
gious 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 in the 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
extremely dangerous to our liberty and quiet, we cannot forbear com-
plaining of it, as hostile to British America. — Superadded to these
convictions, we cannot help deploring the unhappy condition to which
it has reduced the many English settlers, who, encouraged by the
royal proclamation, promising the enjoyment of all their rights, have
purchased estates in that country. They are now the subjects of an
arbitrary government, deprived of trial by jury, and when imprisoned
cannot claim the benefit of the habeas corpus act, that great bulwark
and palladium of English liberty : — nor can we suppress our astonish-
ment, that a British parliament should ever consent to establish in that
country a religion that has deluged your island in blood, and dispersed
impiety, bigotry, persecution, murder, and rebellion, through every
part of the world."
10
chap, protected, governed and ordered for a long
^series of years, from the first establishment of
i760 Canada ; and it reinstated, or rather continued
i^ 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 under
the most galling disabilities on account of their
religious creed.
All His Majesty's Canadian subjects within
the Province of Quebec, the religious orders
and communities only excepted, (nor were any
of these, in lact, 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 property
11
and possessions, customs and usages rela* chap,
tive thereto, and all other civil rights to^J^
the fullest extent consistent with their alle- J760
giance to His Majesty, and subjection to t°
the crown and parliament of Great Britain, it
being specially enacted that in all matters of
controversy 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
be 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
was 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.*
His Majesty was authorised to appoint a
Council for the affairs of the Province, con-
* In 1752, Pierre Beaudoin dit Cumberland, with three others, sol-
diers in a corps called " Detachement des Troupes de la Marine," then
in garrison in the town of Three Rivers, were accused of having set
lire 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
placed on the rack in order to discover whether he had any accomplices.
He suffered this punishment without making any declaration, and was
finally executed.
The punishment of the rack was frequently applied to criminals , and
in one instance on a female for having hidden the birth of an illegitimate
12
chap, sisting of not more than twenty-three, nor less
^ than seventeen persons, which council, with
consent of the governor,or commander in chief
for the time being, was to have power to make
' 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 and
levy within its own precincts for roads or
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 of it,
was personally to be summoned by the Gover-
nor. Every ordinance passed was to be trans-
mitted within six months next after enactment,
child. — In another instance a negro female, for having set fire to her
master's house, was condemned to be burnt at the stake, after having
been hung on the gallows.
The authenticity of the above taken from old manuscript judicial re-
cords and papers in possession of G. B. Faribault, Esqr. , one of the Vice
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, at a
very short period before the conquest.
13
for His Majesty's approbation, and if disallow- chap,
ed to be null from the time the disallowance
were promulgated at Quebec. ""^o
Such were the principal provisions of this to
important Act, known as " the Quebec Act,"
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 1774, when
the Act came into 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,
it has been found necessary in like manner
to supersede by the reunion of those pro-
vinces effected by a recent Act (3 and 4
Viet. ch. 35,) of the parliament of the United
Kingdom. Several useful laws were passed
during this regime, 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
" the prevention of imprisonment out of the
" 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
14
chap, very decided or active part. It was a quarrel
L between Great Britain and her own offspring,
"ITtfo'the motives to which, on either side, were
to foreign to the inhabitants of the recently ac-
1774< quired possessions, peopled by inhabitants of
French descent. They, 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 in a 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. — They 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
15
any such view among any considerable portion chap.
of, or influential persons of the Canadian peo-^
pie. — On the contrary, those who at that period j760
possessed their confidence and were looked up £
to by them, are known to have rejected all
propositions, conveyed through delegates and
others from the revolutionary authorities in the
revolted colonies, of a character to disturb their
allegiance, or to sever Canada from its de-
pendence upon the British Crown.* Some
will probably be of opinion, that all things con-
sidered, it was enough (and so it may be) that
they did not turn upon their recent conqueror in
the time of his need, and that to their forbear-
ance or supineness, the reader may view it as
he pleases, the preservation of the Colony to
Great Britain is mainly due. This, however,
is but a negative kind of merit, and in sober
truth, may be all that can be claimed for them
on that occasion. But not so, however, with
respect to one of more recent date and still
greater importance, as will be seen as we pro^
ceed, in which the zeal, unshaken loyalty, and
active service of the Canadian population,
in co-operation with their fellow-subjects of
British origin in both Canadas, saved them
from the grasp of our greedy and insatiable
neighbours, (as in case of need they again
would,) in the war of 1812 against England,
vainly counting upon the disloyalty and treason
of her North American Provinces, and in parti-
cular of her subjects of French origin in Lower
» See the Address at the end of this Chapter.
16
chap. Canada, in which they were woefully in error,
as, to their cost, they found.
It is not intended, as the reader will have
understood from the title page, to go into the
' military operations in Canada during the Ame-
rican revolutionary war. They are only inci-
dentally here alluded to, as illustrative to a 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 political history, during its late
constitution and existence as a 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 pros-
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-
17
tion and not of creation, and that he must not cha
lose sight of these important considerations in^J
its progress.
to
Jlddress of the General Congress to the Inhabitants of the 1774.
Province of Quebec.
Friends and Fellow-subjects,
We, the delegates of the colonies of New-Hampshire,
Massachusetts Bay, Rhode Island, and Providence Plan-
tations, Connecticut, New York, New- Jersey, Pennsyl-
vania, the counties of Newcastle, Kent and Sussex on the
Delaware, Maryland, Virginia, North-Carolina, and South-
Carolina, deputed by the inhabitants of the said Colonies,
to represent them in a general congress at Philadelphia, in
the 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-
ous consideration the state of public affairs on this conti-
nent, have thought proper to address your province, as a
member therein deeply interested.
When the fortune of war, after a gallant and glorious
resistance, 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
generosity 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,
which it is the privilege of all English subjects to enjoy.
These hopes were confirmed by the King's proclamation,
issued in the year 1763, plighting the public faith for your
full enjoyment of those advantages.
Little did we imagine that any succeeding ministers
would so audaciously and cruelly abuse the royal authority,
as 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,
when ministers of this flagitious temper have dared to vio-
late the most sacred compacts and obligations, and as you,
B2
18
Chap, educated under another form of government, have artfully
been kept from discovering the unspeakable worth of that
P~v~^' form you are now undoubtedly entitled to, we esteem it our
l*JO duty, for the weighty reasons hereinafter mentioned, to
1774 explain to you some of its most important branches.
" In every human society, (says the celebrated Marquis
Heccaria) there is an effort continually tending to confer on
one part the height of power and happiness, and to reduce
the oilier to the 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'
by 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 author* 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, thafof the people hav-
ing a share in their own 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.
19
The influence of this right extends still farther. If money chap
is wanted by rulers, who have in any manner oppressed the I.
people, they may retain it, until their grievances are re-
dressed ; and thus peaceably procure relief, without trust-
ing to despised petitions, or disturbing the public tranquillity.
The next great right is that of trial by jury. This pro-
vides, that neither life, liberty, nor property can be taken
from the possessor, until twelve of his unexceptionable
countrymen and peers, of his vicinage, who from their
neighbourhood may reasonably be supposed to be acquaint-
ed with his 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-
dent, that, on a similar 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
government, 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 into and redressed.
A fourth right is, that of holding lands by the tenure of
easy rents, and not by rigorous arid 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
20
Chap Part °f our m^d system of government : that sending its
I. equitable energy through all ranks and classes of men, de-
-~~^ fends the poor from the rich, the weak from the powerful, the
1760 industrious from the rapacious, the peaceable from the vio-
Jj? 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 u?, 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 1 No. God gave it to you ; and
the temporal powers with which you have been and are con-
nected 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.'5 Is the " certainty
and lenity of the criminal law of England, and its benefits
and advantages," commended in the said statute, and said
to u have been sensibly felt by you," secured to you and
your descendants ? No. They too are subject to arbitrary
" alterations" by the governor and council ; 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 precarious 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 }H>u an assembly composed of wor-
thy men elected 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 1 No. The power of making laws
21
for you is lodged in the governor and council, all of them de- Cha;>.
pendent upon, and removeable at the pleasure of a minister. '
— Besides, another late statute, made without your consent, ^77"
has subjected you to the imposition of excise, the horror of
all free states ; they wresting your property from you by the 1774.
most odious taxes, and laying open to insolent tax-gather-
ers, houses the scenes of domestic peace and comfort, and
called 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-
tinction ? 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 up in another? Unhappy people! who are not
only injured, but insulted. jNay 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 less cruelty than they have us, who are of the same
blood with themselves.
What would your country man, the immortal Montesquieu,
have said to such a plan of domination, as has been framed
for you ? Hear his words, with an intenseness of thought
suited 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
clj*P- should reside in the whole body of the people, or their repre-
sentatives."— *fc The political liberty of the subject is a tran-
qwllity of mind, arising from the opinion each person has
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, and
the power of executing them, are united in the same per-
son, or in the same b<jdy of magistrates, there can be no
liberty; because apprehensions may arise, lest the same
monarch or senate should enact tyrannical laws, to execute
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 judging be not separated
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 exe-
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 distributed
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, to use an expression of Holy Writ, '• a painted sepul-
chre," for burying your lives, liberty and property.
Your judges, and your legislative council, as it is called,
are dependent on your governor, and he is dependent on the
servant of the crown in Great Britain. The legislative,
executive, and judging powers are all moved by the nods
of a minister. Privileges and immunities last no longer than
23
his smiles. When he frowns, their feeble forms dissolve, chap.
Such a treacherous ingenuity has been exerted in drawing I.
up the code lately offered you, that every sentence begin-
ning with a benevolent pretension, concludes with a des-
truclive: and the substance of the whole, divested of its 1
smooth words, is— that the crown and its minister shall be
as absolute throughout your extended province, as the des-
pots of Asia and Africa. What can protect your' property
from taxing edicts, and the rapacity of necessitous and cruel
masters 1 your persons from lettres de cachet, gaols, dun-
geons, and oppressive service ? your lives and general liberty
from 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
the union of these colonies.
What advice would the truly great man before mentioned,
that advocate of freedom and humanity, give you, was he
now living, and knew that we, your numerous and powerful
neighbours, animated by a just love of our invaded rights,
and united by the indissoluble bands of affection and interest,
called upon you, by every obligation of regard for yourselves
and your children, as we now do, to join us in our righteous
contest, to make a common cause with us therein, and to
take a noble chance of emerging from a humiliating subjec-
tion under governors, intendants, and military tyrants, into
the firm rank and condition of English freemen, whose cus-
tom it is, derived from their ancestors, to make those tremble
who dare to think of making them miserable.
Would not this be the purport of his address ? " Seize the
opportunity presented to you by Providence itself. You have
been conquered into liberty, if you act as you ought. This
work is not of man. You are a small people, compared to
those who with open arms invite you into a fellowship. A
moment's reflection should convince you which will be most
for your interest and happiness, to have all the rest of North
America your unalterable friends, or your inveterate ene-
mies. The injuries of Boston have roused and associated
every colony, from Nova Scotia to Georgia. Your province
is the only link that is wanting to complete the bright and
strong chain of union. Nature has joined your country to
24
Chap, theirs. Do you join your political interests. For their own
1- sakes they never will desert or betray you. Be assured that
*^~ the happiness of a people inevitably depends on their liberty,
1760 and their spirit to assert it. The value and extent of the
j~74 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 freedom 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 tyrant
that has invaded them.
Should there be any among you, as there generally are in
all societies, who prefer the favours of ministers, and their
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 of
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 of
the whole Canadian people and their posterity, to gratify the
avarice and ambition of individuals.
We do not ask you, by this address, to commence hosti-
lities against the government of our common sovereign. We
only invite you to consult your own glory and welfare, and
not to suffer yourselves to be inveigled or intimidated by
infamous ministers so far as to become the instruments of
their cruelty and despotism, but to unite with us in one
social compact, formed on the generous principles of equal
liberty, and cemented by such an exchange of beneficial and
endearing offices as to render it perpetual. In order to com-
plete this highly desirable union, we submit it to your con-
sideration, whether it may not be expedient for you to meet
together in your several towns and districts, and elect depu-
ties, who after meeting in a provincial congress, may chuse
25
delegates, to represent your province in the continental con- chap.
gress,to be held at Philadelphia,on the tenth day of May, 1775. I.
In this present congress, beginning on the fifth of last*-*^^
month, and continued to this day, it has been with universal
pleasure, and an unanimous vote, resolved, that we should
consider the violation of your rights, by the act for altering
the government of your province, as a violation of our own ;
and that you should be invited to accede to our confedera-
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,
on the salutary and constitutional principles herein before
mentioned. For effecting these purposes, we have address-
ed an humble and loyal petition to his Majesty, praying
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
us, to put your fate, whenever you suffer injuries which you
are 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 MIDDLETON, Presdt.
The above document fell to the ground, still-
born 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,
in the Province at the time, which was introduc-
ed subsequently (there being none previous) to
the conquest, for the publication of the Quebec
Gazette, first issued in 1764.
26
CHAPTER II.
Extracts from the Reports of Mr. Solicitor General Wed-
derburne, (in 1772) and Mr. Attorney General Thurlow,
(in 1773) to His Majesty George the Third, pursuant to
His Majesty's Order in Council, relative to the Laws and
Courts of Judicature of Quebec, and Government of that
Province — remarkable for their liberality towards the
King's new subjects — their soundness and justice.
cj\ap> IT is but fair to apprise the reader that the
~~ present is a chapter wholly of " quotations,"
nee buf 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 thai influen-
ced the statesmen of the day in the passing of
that important measure. They also who opine
that ignorance of and indifference to the con-
cerns of Canada have invariably characterised
the home government, and who will neither give
credit to it for, nor recognise in British states-
men, of whatsoever denomination, intelligence,
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
27
liberally disposed, peruse it to advantage. In ChaP.
either case the reader's time will not be lost. IL
A more faithful picture need not be sought 1760
of the state of Canada, than that we find in the to
reports to His Majesty of Mr. Attorney General 1(
Thurlow, and the Solicitor General Wedder-
burne, the former dated 22d January 1773,
and the latter 6th December 1772, in conse-
quence of references 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 1773, already familiar to those conversant
with the Canadian history of that period, thai
the Quebec Act of 1774 was framed, and
whether enlightened and liberal, the reader
will determine.
From these reports, not hitherto published,
at least not in any work that has fallen under
the 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
28
chap, we therefore take it first,) the same (the sub-
jects referred to him) into consideration, and
"^760 m the course of my reflections upon the sub-
to ject, I have found myself led into a discussion
*' of the form of government, and of the religion
of the Province, which must necessarily have
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 observations
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
carry those laws into execution.
" Canada is a conquered country. The capi-
tulations secured the temporary enjoyment of
certain rights, and the treaty of peace contain-
ed no reservation in favor of the inhabitants,
except a very vague one as to the exercise of
religion. Can it therefore be said that, by
right of conquest, the conqueror may impose
such laws as he pleases? This proposition
has been maintained by some lawyers who
have not distinguished between force and right.
It is certainly in the power of a conqueror to
dispose of those he has subdued, at discretion,
and when the captivity of the vanquished was
the consequence of victory the proposition
29
might be true; but in more civilized times, chap
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 political government of Canada, be-
fore the conquest, was very simple ; for, what-
ever appearance of regularity of controul and
limitation the Arrets 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-
plaint against their conduct was dangerous to
their authority. This was the state of Canada
till the treaty of peace. Upon the reduction
of the province, a military government took
place, and the change was not very sensible to
the inhabitants.
" After the treaty of peace, a government
succeeded which was neither military or civil,
and 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-
c2
30
- ment, however, is not formed for duration, and
in a settlement which is to become British,
could not be endured beyond the limits 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
constitution of the mother country. The 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
Assembly (a right, which, from the nature of a
conquest he has no absolute title to expect,)
would be a dangerous experiment with new
31
subjects, who should be taught to obey as well chap
as to love this country, and, if possible, to che- IL
rish their dependence upon it. Besides, it"
would be an inexhaustible source of dissension to
and opposition between them, and the British ll
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, than 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-
dent upon the Governor.
" The Chief Justice, the Attorney General,
the Judge 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
32
chap, their office ; the other members to be nomi-
IL nated by your Majesty, and to be removed only
^ by your royal orders.
to " As power lodged in few hands is some-
74' times liable to be abused, and always subject
to suspicion, some controul to this authority is
necessary. rlhe 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 third 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
police 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
33
will be sufficiently restrained from abusing the chap
power committed to them.
" As the immediate power of taxation is notv-J7ti
intrusted to this Council, it is necessary that * to
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
to 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 (though
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
34
chap, just motive for imposing any restraint upon men
^ on account of their religious tenets. The prin-
176o ciple is just, but it has seldom been justly ap-
to plied ; 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 permitted 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 property and jurisdiction, is also repugnant
to the political constitution, which Canada
35
must receive as a part of the British dominions, chap.
" The point then, to which all regulations J
on the head of religion ought to be directed is, |760
to secure the people the exercise of their wor-
ship, and to the crown a due controul over the
clergy.
" The first requires that there should be a
declaration that all the subjects in Canada may
freely profess their religion without being dis-
turbed 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 from 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 Vicars 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 to the inclinations of the parishioners
in the appointment of a priest. The gover-
nor's license should in every case be the title
36
chap, to the benefice, and the judgment of the tem-
poral courts the only mode of taking it away.
i76o This regulation would, in the present moment,
171J4 attach the parochial clergy to the interests of
government, exclude those of foreign priests,
who are now preferred to the Canadians, and
retain the clergy in a proper dependence 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.
37
clergy, out of which a certain proportion may
be reserved for the support of protestant ^J
preachers This measure, I humbly conceive to 1760
be liable to two objections,— First — tythe even
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, — Secondly— by thus being 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. It 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
38
cjnp. houses in France, which have estates in Cana-
^J^ da, are upon a different footing from the others.
1760 The establishment of the first is not only in-
!~~4 compatible with the constitution of an Eng-
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
the community. They, according to their insti-
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.
39
" It is therefore equally just and expedient inchap
this instance, to assert the sovereignty of the n.
king, and to declare that the lands of the jesu-<
its are vested in his Majesty, allowing, at the !™
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-
duce for the purposes of educating the youth
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 in a general plan of laws to be imme-
diately carried into execution.!
* 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.
f This has been done by an act of the legislature of Lower Canada,
I in 1832, and the revenues from the Jesuits' estates, accordingly, are
ow applicable to purposes of education only.
40
chap. " The convents in Canada do not fall under
the same rule as the monasteries. They are not
"TTGO' much connected with the political constitution,
to They may, for a time, be necessary for the
" convenience and honor of families — perhaps it
may be expedient always to retain some such
communities there, for the 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.
" The political and religious constitution of
the province of Quebec being established, the
next matter of inquiry is, what plan 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. It has been long inhabited by
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
.
41
_ecause it is not the interest of Britain thatchap.
many of her natives should settle there.* The'J
Canadian also has a claim injustice to the en-^
joyment of as much of his ancient laws regard-
ing private rights, as is not inconsistent with
the principles 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 mere possession of what he can personally
enjoy.
* " It should also be provided
that any Canadian subject of the age of twenty
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, f
* 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.
f This, however, was not provided for by the statute of 1774, 'nor
was any provision made on the subject, either by the Legislative
Council erected under it, for the province of Quebec, nor subsequent!}
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 feoda!
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-
ite," with which, for a time, they amused themselves, prevailed. A
provision authorising a change of land tenures in Canada, into free
D 2
42
******** The criminal law of Eng-
land, superior as it is to all others, is not, how-
ever, without imperfections ; nor is it, in the
whole extent of its provisions, adapted to the
situation of Canada. It would be improper to
transfer to that country all the statutes creat-
ing new offences on temporary or local circum-
stances.
f " 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.
" The form of civil government for the pro-
vince, as it now consists in the distribution of
judicial authority, is the most difficult and the
most important part of the plan, for, without an
easy and exact execution, laws are of very
little use to society.
" The several opinions reported to your
and common soccage was at last made by Act (3 Geo. IV.ch. 119) of
the Imperial Parliament, known as the Canada trade act, but little
progress has hitherto (1847) been made, in the commutation, owing
to the difficulty, expense, and delay incidental to the process of com-
muting, as adopted by the Executive of the province, and which it
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 variety of
Bills passed by it, there is one for facilitating the process of commu-
tation. This, however, the Governor General, Lord Elgin, has been
advised to reserve for the royal consideration, the result of which
remains to be seen.
43
Majesty, by the governor, the chief justice andchup.
the attorney general, concur in the causes of IL
the complaints upon this head, and differ little ~J~^
in the remedies proposed. to
" It 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, as in
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, by
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.
44
chap. The same thing has happened in the other set-
IL tlements, where, for a certain time, the gains of
^^ those who took upon themselves to act as law-
to yers, and of course the expense to the other
74' inhabitants, of law proceedings, has been very
great. But this evil is also temporary. With-
out disputing the reality of the grievance, one
may suppose that it is a little exaggerated, for
all the French 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.
" I 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 acti3ns 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
45
defendant, and if more was required than ao«.p.
mere -appearance, the constitution of the court IL
is very well calculated to adopt the process of T^T
sequestration, which has already prevailed to
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.
***#?#* «As the affairs of the colony
require a very 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 comment unnecessary. None who
read can misunderstand it. Such, then, were
the enlightened views in w^hich the act of
1774, conferring, for the first time a constitu-
tion and civil government, on the recently
* 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 countries. 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.
46
chap, acquired French territory in North America,
constituting the province of Quebec, was
1760 conceived ; and such also, it is not too much
to 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
>eopled 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 a council. 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 Prevot6, and Vicompte 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
speedily as the occasion might demand, h
gave them a council, with authority to order I
the expenditure of public money, trade wi
the savages, and all the affairs of police, to IP
appoint courts and judges at Quebec, Trois1"'
Rivieres 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 in a few years
were added two more councillors, all seven
named by the king ; and an intendant of justice,
police and revenue, who held the third place
in council, and acted as president, collecting
voices, &LC., and who had, by a separate com-
mission,very large power, particularly in police,
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 judi-
48
chap. cious officer, your Majesty's chief justice of
n- Quebec, justly extols, as being admirably cal-
^^ culated to preserve internal tranquility and due
to reverence and obedience to government, and
1774- 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-
49
tion of the 7th October, in the third year of chap.
your reign, ( 1 763) your Majesty was pleased to J
declare that four new governments were erect- 1760
ed,of which Quebec was one, containing a large t°
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
50
chap, ordinances for the public peace, welfare, and
^J^, good government of your Majesty's said colo-
iTeo nies, and of the people and inhabitants thereof,
!7°4 as near as may be, agreeable to the laws of
England, and under such regulations and res-
trictions as are used in other colonies ; 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.
* * * *• « On the 2 1st 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
51
laws made with the advice and consent of thechap.
council and assembly. * * * * * He is further ]
authorised, with the consent of the council, as ^
soon as the situation and circumstances of the to4
province will admit of it, to call general assem-
blies of the freeholders and planters, in such
manner as in his discretion he should think fit,
or according to such other further instructions
as he should receive under your Majesty's
signet or sign manual, or by your Majesty's
order in council. The persons duly elected
by the major part of the freeholders of the res-
pective parishes and places, before their sit-
ting, are to take the oaths of allegiance, and
supremacy, and the declaration against tran-
substantiation.
" The said governor, council and assembly
are to make laws for the public peace, welfare
and good government of the said province, and
for the benefit of your Majesty, not repugnant,
but as near as may be to the laws of Great
Britain, such laws to be transmitted in three
months to your Majesty, for disallowance or
approbation, and if disapproved, to cease
thenceforward.
" The governor is to have a negative voice,
and the power of adjourning, proroguing and
dissolving all general assemblies.
*****" Some criminal laws must
be put into immediate and constant execution,
to preserve the peace of the country. The
English were so. They act most strikingly
upon the minds of the people, and must be
52
administered without any equitable qualifica-
tions. These are said to be universally receiv-
neo ed. In truth, they could neither be refused nor
avoided.
* * # « Three very different opinions have
been 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, 1 763, 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
the laws of England, were an actual and autho-
ritative execution of those laws ; and that the
law, as it prevails in the province of New York
and the other colonies, took its commencement
in the same way, and now stands on the same
authority.
" If your Majesty should be pleased to adopt
this opinion, it seems to afford a full answer to
the whole reference, by exhibiting not only a
general plan, but a perfect system of civil and
criminal justice, as perfect as that which pre-
vails in the rest of your Majesty's dominions,or
at least it leads off to questions widely different,
touching the expediency of a general change
in the established laws of a colony, and touch-
ing the authority by which it ought to be made.
53
" Others are of opinion thai the Canadian chap.
laws remain unrepealed. They argue that n
according to the notion of the english law, ^^
upon the conquest of a civilized country, the *<>
laws remain in force till the conqueror shall 1
have expressly ordained the contrary. They
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 practice of nations, and
the most approved opinions. " Cum eniin
omne imperium victis eripitur relinqui illis
possunt, circa res privatas, et publicas minores
SUCK leges, suique mores, et magistrates hujus
indulgenticB pars est, avitce religionis usum
metis, nisi per suasis 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
54
chap, the interpretation of the public acts above
mentioned.
"TTGO' " Though the proclamation of 7th October,
to 1763, is conceived in very large terms, gene-
4 rally enough 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 a course 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 solemnly 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 into 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
as a commission to New York to hear andcjjp-
determine according to the laws of .Canada. ^J
#*####<; Others, again, have thought
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
number 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.
One great source, they represent, of the disor-
der supposed to prevail in Canada, was the
claim taken at the construction put upon your
Majesty's proclamation of 1763, as if it were
your Majesty's intention, by your Majesty's
judges and officers 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, unnecessary 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
56
chap, at once, the laws and manners of a settled
IL country, must be attended with hardships and
"T^o violence. And, therefore, wise conquerors
jo having provided for the security of their domi-
' 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-
cause it is a great and ancient colony, long
settled and much cultivated by french subjects
who now inhabit it, to the number of eighty or
one hundred thousand.
; * # # # u jn crimina} 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 lenity 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
eriglish 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-
clamation, so far as concerns judicature. These
are irrevocably granted and ought to be secur-chap.
ed to your Majesty's Canadian subjects accord- J^
ing to your royal word. i7<so
" I have rather presumed to trouble your 17l°4
Majesty with a copy of their expressions than
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 England, both civil and
criminal at the same time, in the same sentence,
and by the same form of words, if they are
understood to establish any, 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 1 should speak of them to your Ma-
jesty without the utmost reverence. But 1 can
conceive that a Canadian, blinded, perhaps, by
the prejudices of different habits, may think of
them in a 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-
58
chap, mitted for life or limb to the judgment of his
^tradesmen, than if he were put to the question
Tree and tortured by the king's authority.
" difficulties were liquidated and the
1774
'
way more open, I humbly submit to your Ma-
jesty, that some other points should be pre-
viously settled, before the forms of mere civil
and criminal justice can be legally conceived.
What form of civil government is fittest to be
adopted in that country is doubtless a question
of policy and state ; notwithstanding which, it
seems no less manifest, that any given form of
civil government will take effect and influence
in a thousand ways, upon any scheme to be
designated, of civil and criminal justice.
" Religion also, so far as it affects the state
and becomes an object of establishment or
toleration, seems to be a matter of policy and
state ; and yet it is sufficiently obvious what a
multitude of laws must follow upon any given
establishment or toleration, more or less accord-
ing to the degrees in which the religion is
incorporated with the state.
" What public revenue is to be established
in a new province is, perhaps, a question merely
political ; but when decided, it generally draws
after it a system of laws peculiar to itself and an
appropriated tribunal. The same observation
holds, in a certain degree, of the police of a
country.
" Being totally uninformed of your Majesty's
royal pleasure touching these important arti-
cles, I feel it extremely difficult to state any
59
certain scheme of civil and criminal laws, orchap
any which must not receive deep and material
alterations for that which your Majesty shall ^^
be pleased to determine on those heads. to
There are, at the same time, certain princi- 1
pies 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 strictly
entitled by the jus gentium 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 liberty ; for both which they
were to expect your Majesty's gracious pro-
tection.
u 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-
n- duced them, yet acquire a kind of traditional
1760 knowledge of the legal effects and consequences
jo of their transactions, sufficient and withal abso-
74' 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. The 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.
" From these observations, I draw it as a
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
61
peace and order, by leaving them in the habit chap
of obedience to their accustomed laws than by
undertaking the harsher task of compelling a
new obedience to laws unheard of before. 17*°4
And if the old system happens 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 in a
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 obedi-
ence of his subjects. This might possibly
produce some alteration in the laws, especially
62
chap, those which relate to crimes against the state,
religion, revenue and other articles of police,
'^TGo'andm the form of magistracy. But it would
to 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 to 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 simple judg-
ment, any species of necessity, which I have
heard urged for abolishing the laws and govern-
ment of Canada.
" The foregoing thoughts are humbly sub-
mitted to your Majesty, as general and abstract
63
propositions, liable to be much altered in the chap
application, by what your Majesty may think
fit to resolve upon the matters of policy and^^io
state which have appeared to me in some de- to
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
trusty arms, recently have been designated by
their fellow subjects of french origin in the
colony, the descendants 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 J/ct 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
64
. there was not less of wisdom displayed in their
councils, than of valour in the field by the little
n^but gallant division of the army which, under
to the immortal Wolfe, establishing itself, on the
4' 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 go on, 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 the 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 most desirable to
pursue. Embarrassments that must have been
enhanced by the discontent of the colonists of
65
british origin, or british birth, immigrating to chap.
Lower Canada ; who, at times, deeming the J
british interests in the colony sacrificed to pro- 176u
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.
66
CHAPTER III.
The King signifies by message lo parliament his intention to
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 those of Mr.
Pitt as to the division of the province into two9 thinking
it more desirable to preserve its unity, as most likely to
produce an amalgamation of the inhabitants of english
and french origins— suggests an elective 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 Jlct, its judicature, &c. — 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 accuracy.
chap. PASSING over the military and naval occur-
^rences of those days in Canada, which, as
^774 previously mentioned, are not within our plan,
\T9i we Proceed to tne division of the province of
Quebec, as established by the act of 1 79 1 ,* into
the two provinces of Upper and Lower Canada,
following the latter from birth to dissolution,
and to its reincorporation with the former, from
which, 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, III.., ch, 31 , usually called » The constitutional Act,";
67
confer upon the inhabitants of it, a more popu-c^p.
lar constitution than that they held under the ^^
Quebec Act. The old subjects, or those of 1774
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 laws
intended to be introduced by that act, his Ma-
jesty's subjects had been obliged to depend
for justice on the vague and uncertain ideas of
the judges— and that although it 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 the minds of those
68
chap, at the helm of affairs in England, in their deter-
IIL mination to leave to their fellow-subjects in
1774 Canada nothing to be coveted in the example
to 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 denominated, 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
message 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 would be for
69
the benefit of his Majesty's subjects in hispro-chap.
vince of Quebec that the same should be divid- J
ed into two separate provinces, to be called the 1774
province of Upper Canada, and the province of to
Lower Canada, and that it is accordingly his1
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 it is 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
70
chap, put an end to the competition between the old
1IL French inhabitants and the new settlers from
1774 Britain and the british colonies : this division,
to he trusted, would be made in such a manner as
' to give each a great majoritv in their own par-
ticular part, although it could not be expected
to draw a complete line of separation. Any
inconvenience, however, to be 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 Council and
House of Assembly for each ; the Assembly to
to be constituted in the usual manner, and the
members of the Council to be members for
life ; reserving to his Majesty to annex to cer-
tain honors an hereditary right of sitting in the
Council. All laws and ordinances of the pro-
vince were to remain in force till altered by
the new legislature. The 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 divisions, by an
allotment of lands in proportion to those already
granted, and as in one of them the majority of
the inhabitants would be catholics, it was
meant to provide that it should not be lawful
for his Majesty to assent to future grants for
this purpose, without first submitting them to
71
the consideration of the British Parliament. Chap.
The tenures were to be settled, in Lower m-
Canada, by the local legislature. In Upper ^^
Canada, the settlers being chiefly british, the to
tenures were to be soccage tenures. To pre-1'91
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; — but was this to be desired? — ,
Was it agreeable to general and political expe-
diency 1 — The most desirable circumstance
was that the french and english inhabitants
should coalesce into one body, and that the
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,
72
chap, therefore," — said he — " of the king's naming
the Council at that distance, (in which case
~J7J7 they had no security that persons of property
jo 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
intended to be, but upon another footing. — He
proposed that the members of the Council
should not be eligible unless they possessed
qualifications infinitely higher than those who
were eligible to be chosen members of the
House of Assembly, and in like manner the
electors of members of Council must possess
qualifications also proportionably higher than
those of the electors of representatives in the
House of Assembly. By this means," — Mr.
Fox said — " they would have a real aristocracy
chosen by persons of property, from among
persons of the highest property, who would
thence necessarily possess that weight, influ-
ence, and independency, from which alone
could be derived a power of guarding against
any innovations that might be made,either by the
people on the one part, or the crown on the
other. In answer to this proposition" — Mr.
Fox observed — " it might possibly be said to
him, if you are decidedly in favor of an elec-
tive aristocracy, why do you not follow up your
own principles, and propose to abolish the
House of Lords and make them elective ? —
73
For this plain reason, because the British chap
House of Lords stood on the hereditary, ]
known, and acknowledged respect of the ^
country for particular institutions, and it was to
impossible to put an infant constitution upon17
the same footing."
Mr. Pitt, in reply to the various objections
of Mr. Fox and others to the bill, stated among
other matters — u 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 above 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
74
chap. The bill, as introduced, gave dissatisfaction
IIL to many in Canada, and Mr. Adam Lymburner,
7^ a merchant,of Quebec,as their agent,was heard,
to on the 23d March, 1791, against it at the bar of
1 7Q1
' the House of Commons, where he read an inte-
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 \vere
neither numerous, extensive, nor intricate, 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
seems to have been totally unacquainted with
the mercantile resources of the country, and
to have estimated the possession of it merely
as being favorable to their views in distressing
the neighbouring british colonies ; the inhabi-
tants were miserably poor, and the province
was a dead weight on that kingdom. But, sir,
the province has greatly changed since it was
ceded to Great Britain. At the peace of 1763,
the commercial spirit and energies of those
Britons who have resorted to and settled in
the country have, by promoting industry and
cultivation, discovered to the world the value
of that province ; and though the efforts of a
few individuals have not been sufficient to
counteract all the pernicious consequences of
75
an arbitrary system of government and an un- chap
certain administration of law, yet they have ]
produced a wonderful change on the face of 1774
that country ; the towns and villages are greatly to
increased ; the number of the people is nearly 1
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 1 When, in consequence of the
people being enlightened by education and
science, the effects of ancient and narrow pre-
judices are destroyed, and the farmers have
been induced to change their present wretched
system of agriculture, I 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.
u The bill, sir, now under the deliberation
of this honorable house states in the preamble,
76
chap, that the act of the 14th of his Majesty, com-
^ monly called * the Quebec Act' is in many
1774 respects inapplicable to the present condition
17,to 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 wras 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 the present 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 to the province to declare
thus publicly, that the act is pernicious in many
respects, and to give the necessary relief only
in one point ? I have examined the Quebec
77
Act with a great deal of care, but have notchap.
been able to perceive any powerful reason for J
which it ought to be preserved. 1774
* * # * *.-. # « j cannot perceive any rea- *»
son for retaining that act as part of the new
constitution. Sir, I 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.
" Is 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 1 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, and the people of Scotland were at
G 2
78
Chap, that time much more enlightened than the
^^, Canadians are now.
1774 " 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 effects
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 1 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 on a people to
nurse and feed prepossessions which from their
very name must be considered as faults or
blemishes 1 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
stitution, — and I stand before this honorable chap.
house the agent, I have no hesitation to say, l
of a number of the most respectable and intel- 1774
ligent of these french Canadians, to solicit the *°
total repeal of the Quebec Act.
" 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 between the
upper and lower courts in the province since
that period, will shew that neither the judges,
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-
pose that this honorable house will consider it
incumbent on them to gratify the prejudices
of a part of the people on a point of so much
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.
" I 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
80
chap, added to the new bill will provide for every
IIL part of that act which is necessary to be
1774 retained. We shall, perhaps, find it sufficiently
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 it is 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. I cannot
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
81
a plan which may have the most fatal conse-chap
quences, while the apparent advantages which J_
it offers to view are few and of no great 1774
moment. n^
" Sir, the loyalists 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 well as the wild project of a
82
chap, small body of people, who are thinly scattered
^over the upper parts of the province, who
1774 have not had time to enquire into and examine
^ 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, they
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, I am 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 likely
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.
That strong principle of nationality or national^
prejudice which at present connects the people 1774
of that province 10 one another, as being mem- ^
bers of one state, who, though scattered over
an immense country, yet all look up to one
centre of government for protection and relief,
is of the utmost consequence to the security of
a country where the inhabitants are so much
dispersed. It is that political connexion which
forms such a prominent feature in the charac-
ter of all nations ; — by which we feel, at first
sight, a degree of friendship and attachment
which inclines us to associate with, and to
serve a subject of the same kingdom ; — which
makes us look on a person from the same coun-
try and province as an acquaintance, and one
from the same town as a relation ; — and it is a
fact which the history of all countries has estab-
lished beyond the possibility of a doubt, that
people are more united in the habits of friend-
ship and social intercourse, and are more ready
to afford mutual assistance and support from
being connected by a common centre of govern-
ment than by any other tie. In small states this
principle is very strong ; but even in extensive
empires it retains a great deal of its force ;—
for, besides the natural prejudice which in-
clines us to favor the people from our own
country, those who live at the extremities of an
extensive kingdom or province are compelled
to keep up a connection or correspondence
* This, however, has been done.
84
chap w*tn tnose who live near the centre or seat of
in.' government, as they will necessarily, at times,
v^'have occasion to apply for favors, justice or
to right ; and they will find it convenient to
1791. reqUest the assistance and support of those
whose situation enables them to afford it.
" I 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.
" I 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 upper
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,
I shall leave to the reflection of the honorable
members.
" These are considerations which I have no
doubt will have due weight with this honorable
85
house ; and there are many others of a general chap.
political nature equally strong, and, perhaps, l
more pointed, against this innovation, which
will necessarily occur in the consideration of
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, I hope, be
sufficient to induce this honorable house to
reject the plan of a new 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 of
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 ocean,
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 superior 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
fellow 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
and 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
86
chap, sity, or luxury, which the inhabitants of the
upper district have occasion for from Britain,
Tm or any foreign country, must come to them by
to the river St. Lawrence, f they must be landed
l' at or below7 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, as 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 as it 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 " nationality so ardently, but we will add, hope-
lessly aspired to.
f 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.
87
consider how far the people inhabiting the chap.
upper government will approve of, and be con- ]
tent to pay taxes or duties on their importations 1774
or exportations, when the produce of those to
taxes or duties is to be applied towards sup- l
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
granting bounties or encouragement to promote
agriculture or particular trades or manufactures,
of which the people in the upper province
cannot, from their situation, in any manner
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
between the governments of the two provinces
which, in a few years, may lead to the most
serious consequences. This would be sowing
the seeds of dissension and quarrels which,
however easy it may be to raise, it will be found
extremely difficult to appease.
" I see, sir, there has been amendment made
to 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.' This, sir, I suppose is intended
to give drawbacks to the upper part of the
country on such goods as are carried there
88
chap, which may have paid duties of entry on impor-
^tation into the lower country. But this will
1774 open a wide door for smuggling in a country
17£j 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 remedy 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 inhabitants 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 of
that country than it is from the Orkneys to
89
London. I beg leave on this point to bring to chap.
the recollection of this honorable house that ]
the distance from Quebec to Niagara is about 1774
500 miles, and that Niagara may be considered to
as the utmost extent westward of the cultiva-
ble part of the province. For although there is
a small settlement at Detroit, which is and
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,
it can never become of any great importance as
a settlement ; the falls of Niagara are an insur-
mountable bar to the transportation of such
rude materials as the produce of the land.* As
the farmers about Detroit, therefore, will have
only their own settlement for the consumption
of their produce, such a confined market must
greatly impede the progress of settlement and
cultivation for ages to come. Sir, as the
greatest extent of the cultivable part of the pro-
vince westward, may be estimated at 500 miles
distance from Quebec, the districts of Gaspe
and Chaleurs Bay are almost as far east of
that capital, being about 400 miles distance.
So that Quebec is nearly in the centre of the
cultivable part of the province, and when the
roads are properly made, which will be the
course in a few years, the distance of either of
* Here, also, Mr. Lymburner would be surprised to find how realities
have outstripped his imagination. The progress of the country be-
tween Niagara and Detroit, and, indeed, in all that western country,
has been wonderful since his day ; and the Falls of Niagara, far
from having been insurmountable, are actually overcome by the
Welland Canal. — But these remarks of Mr. L., are like spots in the
Sun, not blemishes — but subjects for our admiration.
H2
90
Cii£' these places will not be considered as any
^~ material objection.
tf This honorable house will likewise con-
i79i. sider that in such an extensive country it is
impossible to fix the residence of government,
or the seat of legislature and superior courts in
any place where some of the members of the
assembly, if they are residents of the districts
for which they are chosen, will not have a
great distance to travel ; and, therefore, 200 or
300 miles is not an object of consequence,
more particularly when it is considered that it
will be through the old settled part of the
country, where the roads are tolerably good,
accommodations convenient, and travelling ex-
peditious. Besides, it cannot be expected that
the new settlers will be for some time suffi-
ciently advanced in the cultivation of their
farms to find it convenient to be absent from
their homes three or four months, for the ser-
vice of the public, either to meet the legislature
in their own country or at Quebec ; and it is
more than probable that they would, for some
years at least, prefer choosing for their deputies
gentlemen residing in Quebec and Montreal,
who being connected with them in the line of
business will be sufficiently interested in the
prosperity of these countries to make them
attend to any thing that concerns the new
settlements.
" All the trade of these upper settlements
must, from their situation, depend on and
centre in Quebec and Montreal. The difficul-
91
ties of communication in the mercantile line chap,
are already very great, and require much per- ^_
severance and industry to overcome them. — 1774
This intended division will naturally create
many more obstacles, and will immediately be
injurious to and eventually operate to the ruin
of both countries.
" Sir, it may likewise have been asserted in
favor of the division, that the loyalists in the
upper districts must have a code of laws for
landed property and inheritance different from
that of the lower districts, where the tenures
are all on the feudal system ; but that is an
argument which cannot have any great weight
with this honorable house. The union of Eng-
land and Scotland, under one legislature,
shews that though two countries or districts
may have different laws to regulate and govern
their courts of justice, one legislature may
be fully sufficient for all the purposes of legis-
lating for both, and can attend to the laws and
regulations or alterations that may become
necessary or convenient to either. I have not
heard that the people of Scotland have ever
complained that their interests have been neg-
lected by the british legislature, or that such
laws and alterations as have appeared neces-
sary, have been at any time refused. The
upper districts, therefore, can have no just
cause to be afraid of being included as mem-
bers of the province of Quebec.
" There are, sir, between three or four thou-
sand loyalists settled upon the banks of the
92
chap, river Cataraqui and the north side of lake
^ Ontario, in detached settlements, many of them
1774 at a great distance from the others, besides
fcjj those on Lake Erie and at Detroit. Civil
government cannot have much influence over a
country so thinly inhabited, and where the peo-
ple are so much dispersed. During twenty
years that I have resided in that province, I do
not recollect a single instance of a highway
robbery ; and the farmers consider themselves
so secure that they often go to sleep without
bolting their doors.
" The crimes which have been brought be-
fore the criminal courts in the province have
been generally committed in the towns and
their vicinity, where the concourse of strangers
encourages vice and immorality, and where
idleness, drunkenness and dissipation lead to
quarrels, thefts, and sometimes, but very sel-
dom, to higher crimes. It will be evident, from
these facts, that a criminal judge will have very
little to do in these upper districts where there
are no towns, and where a stranger must at all
times be a desirable sight.
" In the year 1788, lord Dorchester, in con-
sequence of an ordinance of the legislative
council, divided these upper settlements into
four districts or counties, and, for the conveni-
ence of the people, established a court of com-
mon pleas in each district, and appointed judges,
justices of the peace, and sheriffs for each ;
and these people, since that time, have had
their courts regularly. How far it may be
93
proper to appoint a chief justice having juris- Chap,
diction over the districts, to act as a criminal J
judge when necessary, and with a lieutenant 1774
governor, to carry into effect the powers and to
orders of government, to form a court of errors
or appeal, to revise the proceedings of the
courts of common pleas, I shall not presume to
say ; but such an establishment cannot be any
impediment to the union of the country under
one legislature ; — and I beg leave humbly to
suggest for the consideration of this honorable
house whether a large society, from the variety
of contending interests which it includes, may
not be more easily managed and governed than
when it is divided into smaller and more com-
pact bodies."
How far Mr. Lymburner's anticipations have •'
been realised let the events answer. Any man
who is at all acquainted with the course of
public matters in Canada and its general his-
tory, for the last forty years, will not fail to
appreciate the wisdom and the foresight with
which he treated his subject before the repre-
sentatives of the kingdom. According to the bill,
the legislative council was to consist of coun-
cillors appointed for life by the king, and to
hereditary titles of honor his Majesty was
authorised to annex the right of being called
to this council ; in other words, to establish an
hereditary Canadian peerage or aristocracy.
On this Mr. Lymburner remarks : —
" By the bill now under the consideration of this
honorable house, it is proposed that the office of
94
chap, member of the legislative council may, at his
• Majesty's pleasure, be made hereditary : that is,
TTT^ to form a kind of nobility or aristocratic body jn
to that province. This, sir, is going further than
' the people have desired, as this honorable
house will see by their petitions, for they have
therein only requested that the councillors
should hold their places during their life and
residence in the province. This they consi-
dered was all that was necessary for them to
ask, or that was proper and expedient for the
the present to grant them. The idea of here-
ditary councillors, like many other speculative
opinions, has more of plausibility in it, than of
real advantage. It is an expedient extremely
dangerous in any infant or young colony, but
it must appear absolutely ridiculous in the
province of Quebec, where there are so few
landed estates of any considerable value, and
where, by the laws of inheritance, these estates
must, at every succession, be so much subdi-
vided. The laws of primogeniture, as followed
in this kingdom, enable the representatives of
noble families to support the dignity and splen-
dor of their situations, and to live in that state
of independence which secures the proper
respect to their elevated rank, as hereditary
peers of the realm ; but, sir, the french laws
relating to succession and inheritance, which,
by this bill, are intended to regulate the landed
property of the lower part of the country, give
j to the eldest son, on the death of the father,
' only one half of those of his father's landed
95 JT
estates, which are held by what is called in the chap
french law noble tenure, that is, in fief and j
seigneurie immediately from the crown. The
other half of these estates is divided amongs
the other children ; and the moveables as well 1791
as those landed estates which are held by grant
and concession from a subject, which are call-
ed base tenures, are equally divided among all
the children, male and female. Therefore, as
there are very few gentlemen in that country
who possess estates of the first description, in
fief and seigneurie, which produce to them a
clear annual revenue of .£500, sterling, this
honorable house must perceive the impropriety
of making any honorable posts in that country
hereditary. For these estates, from the mere
operation of law, independent of the impru-
dence of the possessors must, at every succes-
sion, be reduced to one-half; and, in two
generations, must inevitably sink into insignifi-
cance ; and the hereditary councillors, from
their poverty, become the objects of contempt
to the public. Sir, the amazing progress of
population in that country, points out the little
probability of places becoming vacant for want
of heirs. It may, therefore, be found difficult,
in a few years, to support the dignity of that
council by new creations, without increasing
the number of the members too much.
" It may, perhaps, be said, sir, that the fami-
lies of these hereditary councillors may be
supported in an independent situation, by intro-
ducing the laws of primogeniture into the
96
constitution of that country. I shall not attempt
to discuss the advantages or disadvantages
1774 which that law produces in this kingdom ; but
to I can, without any hesitation, assure this hono-
' rable house that it would be extremely injurious
to that province. The french law, as followed
at present is, in that respect, much better
calculated for a young province, where it is of
great benefit and advantage to cultivation and
population, that landed property should be
divided and fluctuate and change its owners ;
and more particularly as some establishment is
necessary for the younger branches of families
in a country where there are no manufactures,
and where a young person, without fortune,
has few opportunities of setting out in life in a
respectable line.
" But suppose the law of primogeniture
shall be established, and the estates of these
new created hereditary councillors thereby
secured undivided to the oldest son : suppose
even that the estates now belonging to these
new councillors shall be entailed upon their
heir at law ; all that would have very little
effect, and those estates would be far from
sufficient to support the dignity of hereditary
councillors, which, probably, would be consi-
dered the highest rank in that country. For,
poor as that country really is, in consequence
of the oppressive system of laws they have been
kept under, there are now among the mercan-
tile gentlemen in the province, those whose
moveable fortunes are perhaps equal, if not
97
superior to any of the seigniorial estates,
who, from the employment and support they
give to thousands of the people, have infinitely
more influence in the country than the seig-
neurs. For it would not be difficult to prove
to this honorable house that the seigneurs are
almost universally disliked by their tenants;
but this is a natural consequence of feudal
servitude when its strong support, a slavish
dependence on a great chief, is removed.
" From these facts, I hope this honorable
house will see the impropriety, and I may say,
the danger of rendering the place of councillor
hereditary in that province. The country is
yet too young, and the people are too much
dispersed to admit of that refinement ; and the
fortunes are too small to support an establish-
ment of that kind, or a proper style of indepen-
dence.
" How far it may be proper and judicious,
if his Majesty should so incline, to confer here-
ditary honors on gentlemen of the greatest
property and influence in that country, by way
of attaching them more strongly to the interests
of government, it would be improper for me in
this place to discuss. But if such a plan is
considered expedient, these hereditary honors
ought to be independent of the place of coun-
cillor. These gentlemen may, at the same
time, be admitted of the council, and on the
demise of any of these honorable councillors,
the son who succeeds to his father's hereditary
honors may, if his Majesty pleases, be named
98
chap, to succeed to the vacant seat at the council
board ; for the place of councillor will ever be
"J^ considered as honorable in that country, unless
to it is degraded by the insignificance and incon-
1 sequence of the members, which it is extreme-
ly probable will be the case, if the places are
made hereditary. For, supposing that the
councillors to be appointed in consequence of
this bill, should really be those who have the
greatest influence and possess the greatest
fortunes in that country, this honorable house
must perceive, from the very small value of the
landed fortunes, that the only means of accu-
mulation must be by the operations of trade
and commerce ; and I think I may venture to
assert, that it is more than probable, in twenty
years, nay, perhaps in ten years, a new set of
men may come forward who may have acquir-
ed and realised fortunes much superior to any
now in that country ; and who, it is natural to
suppose, will possess a proportional degree of
political power and influence.
" I shall hope that these arguments are suffi-
ciently powerful to convince this honorable
house of the impropriety of making the place
of councillor hereditary ;* as it may, in a few-
years, greatly embarrass government, and be
the means of degrading the aristocratic branch
of the legislature, from their poverty or their
numbers, in the eyes of the public, which I
* The provision, however, was persisted in and became part of
the act, but was never, in any instance, acted upon in either of the
Cajoadas.
99
submit as an object of very serious considera- Chap.
tion to this honorable house." m.
Passing over a variety of other interesting"^"
matter in Mr. Lymburner's discourse, the fol- to
lowing particularly deserves attention : — " I 1791
likewise observe that the governor is to be
vested with the power of nominating and
appointing, from time to time, the returning
officer. Sir, this is placing the whole power in
the hands of the governor ; — he is to divide the
province as he pleases, — he is to order the
proportion of representatives as he pleases, —
and he is to have the power of naming whom
he pleases to act as returning officer. Sir, the
freedom and independence of the legislature
is an object of the utmost importance to every
country ; and it has been one great cause of
complaint against the Quebec Act, that the
legislature was too much dependent upon the
governor. But, sir, I know that this honorable
house will not place so much power in the
hands of any man, particularly where there is
no responsibility. I know that this honorable
house will make such provision as will save the
province from the dangerous consequence of
such unlimited power. Sir, the distribution of
the representation is an object of the greatest
importance to the province, and ought to be
settled, in a certain degree, by this honorable
house : I hope I may be excused for presum-
ing to say that there has been a radical defect
in the representation of all our american colo-
nies. From the nature of the settlements, there
100
chap, are few towns in these colonies, and as these
• towns have had only their proportion of repre-
1774 sentatives, the landed interest has always
to been too prevalent, and has, at times, greatly
1 oppressed the commerce* and impeded the
operations of government. In this kingdom,
sir, of 558 members of which this honorable
house is composed, there are only 122 knights
or representatives of the landed interest. I do
not mean to enter on the discussion of the
propriety of that division, but I hope it will be
allowed that the towns ought to have such a
proportion of representatives as to preserve
the equilibrium between the two interests,
which is for the general benefit of both.
In the province of Quebec, sir, we have, in
fact, only three cities or towns ; and if these
are to have only the proportion of representa-
tives which their numbers bear to the general
population of the province, they will have a
very small representation ; indeed, not above a
seventh or eighth part. This is a considera-
tion worthy of the attention of this honorable
house, and I hope they will determine on and
settle the proportion of representatives for the
towns." * * * * * *
" Sir, it may, perhaps, be expected from the
1 4th clause of our petitions, that in consequence
of our being allowed representatives in the
* And such proved to he the case in the assembly of Lower Canada,
in which, with the exception of the first parliament, the commerce of
the country was never adequately represented ; and such, also, hitherto
has been the case jn the parliament of United Canada, swarming with
attornies
101
legislature, the province shall immediately raise chap.
the necessary funds for defraying the expenses l
of the civil government. "JT^
'• I acknowledge that it is the intention of to
my constituents that the province should sup-
port these expenses. 1 will say further, it is a
shame the province has not paid these expenses
many years past ; — but there are situations
when the impossibility of doing what is right
and proper obliges an individual, or a public, to
stifle that keen sense of shame, and to expose
their inability to perform those duties which, of
right, ought to be expected from them.
" Sir, that province has been so long op-
pressed by an arbitrary system of government,
and the tyranny of uncertain and unknown laws ;
—the country has been so much neglected
and every object of industry and improvement
apparently discountenanced, as to be now
reduced to such a state of langour and depres-
sion that it is unable to provide for the expenses
of its civil government.
" Sir, we may be reproached, perhaps, for
our poverty ; nay, we have already been
reproached by some ungenerous minds with
our unhappy situation ; but it is a misfortune to
be poor, not a crime. Is it not a natural, if not
an infallible effect of arbitrary government ? —
Have not poverty and wretchedness ever been
the attendants of arbitrary power 1 — Italy,
Sicily, Greece,, Asia Minor, the coast of Bar-
bary, were rich, populous, and powerful
i 2
102
chap, tries while they encouraged free governments.
J^ " Sir, to recite all the species of oppression
1774 which that country has suffered would encroach
^ too much on the indulgence of this hono-
rable house. We have been told that ignorance
and poverty were the best security for the
obedience of the subject ; and that those who
did not approve of these political principles
might leave the country. We have, however,
the happiness, sir, this evening, of seeing our
affairs submitted to the inspection and discus-
sion of this honorable house. But, sir, we have
had a long and painful struggle to arrive at this
desirable issue. We have had to encounter
numberless difficulties which the pride and
insolence of a set of men, whose minds were
corrupted by the exercise of despotic power,
have thrown in our way in every step we made,
and it is only by great perseverance that we
have been able to overcome these difficulties.
But during this long contest the country has
been exhausted, and we hope this honorable
house will exercise that tenderness and gene-
rosity towards us which our unfortunate situa-
tion requires. Such, sir, has been the unhappy
tendency of the government of that province,
that not only the people have been oppressed
and the resources of the country neglected ;
but almost every public building in the province
has been suffered to fall to decay and perish.
There is not a court house in the province,
nor a sufficient prison, nor a house of correc-
tion :— there is not a public school house. In
103
short, the country is reduced absolutely to a chap,
state of nature. These are objects which will m
require the immediate attention of the newTrrT
legislature. Besides, a house must be prepared _j°
for the reception of the legislature — the travel-
ing expenses of many of the members must
probably be paid, and, perhaps, a daily pay
during the time of sitting. Taxes or duties
must be laid on the people to build the neces-
sary edifices ; and, to provide for these and
other purposes, which, added to what may be
necessary to be employed in bounties and pre-
miums to engage the farmers to change their
present miserable system of farming, and to
encourage the preparing of our produce in a
better manner, to suit the different markets,
will be as much as the province can possibly
raise for some years.
" It may, perhaps, be said that Britain has
been burthened already too long with the ex-
penses of our civil government. Sir, I agree
that it has been too long the case, but it has
not been our fault. It might have been other-
wise many years ago, if our petitions had been
attended to. * * * * * * I therefore hope
this honorable house will either order the
necessary provision for the purposes I have men-
tioned, or release the province of the expenses
of the civil list for a certain number of years."*
* This was complied with, it must be admitted, most liberally, at
least with respect to Lower Canada. It was not, as will be seen in
the sequel, until 1818, that the assembly of this province was called
upon, pursuant to their voluntary offer in 1810, to vote the necessary
-expenses of the civil government.
104
<^ap. Mr. Lymburner again resuming the subject
IIL of the intended division of the province into
^^ two, observes : — " It is a rule, I believe, univer-
to sally followed in common life, when the alter-
l' native of two difficulties is given, always to
choose that which is likely to produce the
least evil ; and, I presume, the same rule may
be adopted with advantage in politics. We
trust, therefore, that in arranging the new con-
stitution, this honorable house will save us from
the troubles and difficulties that must result
from the plan proposed in the bill, for, under
a new constitution, it will evidently require
some time not only to make the people fully
acquainted with the great advantages of a free
constitution, but also to make them fully com-
prehend all the duties which a free government
requires of the. subjects, and as this honorable
house must perceive,the great danger of dividing
the province and of disuniting the people at
such a critical period.
" Sir, I have considered the subject a thou-
sand times since 1 first heard of this intended
division, but have not been able to form any
reasonable idea of the motive which has induc-
ed the proposition of such a dangerous experi-
ment. If I should admit, what I do not believe
is the case, that the loyalists settled in the
upper parts of the province have generally
requested this separation, I know that the wis-
dom of this house, before complying with the
wild request of a people, will consider it as
necessary to enquire into the reasons which
105
may have engaged them to prefer such peti- chap.
tions ; for a people may be deceived in political J^
plans by the specious pretences of designing 1774
individuals. Instances of this are, perhaps, ^
within the recollection of every member of this
honorable house. When the loyalists began
their settlements in the year 1785, the lands
were then entirely covered with woods, they
had then to clear the lands and build themselves
houses, and on that account government gene-
rally assisted them, by furnishing them provi-
sions and many other articles necessary for a
new settlement ; and though I will allow that
they have, for the time, made great progress,
yet I may safely assure this honorable house,
that before last year, their farms had not fur-
nished them with more than a bare subsistence,
and if it had not been for the compensation
which they, with many others, received from
the generosity of this nation, many of them
must have been at this period in great distress.
Can it be supposed then, that a people dis-
persed as they are, and whose minds have thus
far been entirely occupied in procuring the
means of subsistence, have had time to consi-
der of their political situation, or that they have
been able to procure sufficient information on
the consequences of such a separation as would
justify such a request to the british legislature?
" Will any person assure this honorable
house that the loyalists settled in the district of
Lunenburgh, which joins the district of Mont-
real, have advised and consulted with those
to
1791.
106
chap, who are settled at Niagara or Detroit, on the
propriety of this measure? I am confident, sir,
1774 that no person will assert any such thing ; for,
I believe I may truly say, that few of the people
of these different settlements have ever seen
one another since they began their settlements
except, perhaps, in passing to Montreal.
" What kind of government must that upper
part of the country form ? It will be the very
mockery of a province, three or four thousand
families* scattered over a country some hund-
red miles in length, not having a single town,
and scarcely a village in the whole extent ; it
is only making weakness more feeble, and
dividing the strength of the province to no pur-
pose. Sir, a measure of this importance ought
not to be adopted on the suggestion of one or
a few individuals. The happiness, tranquillity
and security of every part of the province is
involved in its consequences, and I cannot
doubt that the british legislature will attend to
the interests of the people of every part of the
province. But will it be said that the people
inhabiting the province of Quebec have been
consulted on this grand question ? Will any
one assure this honorable house that this pro-
posed division has been approved of by the
inhabitants of that province 1 or that they have
by their petitions, requested it ? If any such
petitions shall be laid before this honorable
* A census of the province of Quebec was taken in 1790, which
made the population amount to 224,466 — (Mr. Smith's history) — Mr.
Pitt stated in debate on the Quebec Act, that the population of Upper
Canada did not exceed 10,000. including men, women and children.
107
house, I hope the honorable members will chap
consider not only the apparent motive and ten- ]
dency of the request, but likewise therespon-^^
sibility, influence, and numbers of the peti- 1791
tioners. Sir, if I recollect right, it was said at
passing the Quebec Act, in 1774, that the
french people had petitioned for the introduc-
tion of the french laws and system of govern-
ment into that province. The names of the
french inhabitants had, of course, great influ-
ence on the deliberations of parliament, as.
at that time, they formed, perhaps, nineteen
twentieths of the population of the province.
But, sir, if these petitions had been submitted
to parliament, it would have appeared, so far
from comprehending the whole french people,
that they were signed by a very small number
of them, only about 100 ; and that even among
these were many very insignificant names.
' * * * * « gjrj when we proposed that
the province should, as soon as her affairs are
brought into some kind of order, raise the
necessary supplies for defraying the expenses
of its civil government, we considered it a duty
we owed to the empire to relieve Great Britain
of that charge ; but, if the province is divided
as proposed in this bill, it will most effectually
destroy our hopes and good intentions in that
respect ; for, although I have no doubt that the
united province will, in a short time, be able
to raise sufficient to relieve Great Britain of
the expenses of our civil government, I can,
without hesitation, assure this honorable house,
108
chap, that it will be absolutely impossible for them
• to raise sufficient to support two governments.
Tn7 " Sir, though it may be necessary, for the
1791. convenience of the people, with regard to the
distribution of justice, to divide an extensive
country into small districts, I hope I shall be
excused for saying that I think it must be dan-
gerous to the tranquillity of government to
divide it in that manner for the purposes of
legislation.
" If at any future period, experience should
point it out as expedient for the advantage and
safety of government, or for the general conve-
nience and prosperity of the people, to divide
that country, it may then be done with more
judgment, from a more certain knowledge of
the consequences of such division. The incon-
veniences that may arise from continuing the
province united under one legislature are few,
and they are well known and understood. The
advantages are unanimity, mutual support, and
strength ; but no man can tell the dangers of
a separation. The dangers, however, to be
apprehended are political iveakness, disunion,
animosities and quarrels.
****** ^at they (the inhabitants of
the province) want is expressed in their peti-
tions now on the table of this honorable house,
and it is nothing more than the principles of
the english constitution. The articles are plain
and simple and easily understood, and what,
as far as my judgment in politics will go, may
be granted without injury to any class of people
109
in the province, or the interest of Great Britain, chap.
as they are nearly similar to the constitution of J
the other colonies and provinces of the empire. 1774
" They pray, sir, that the Quebec Act may ^
be repealed in toto, as being too imperfect a
system to serve as a foundation and secure the
tranquillity and permanency of the new govern-
ment, and they have taken the liberty of stating
in a few concise and very clear propositions
or articles, those laws or principles of laws
which they wish may be made fundamental
parts of that new constitution.
" They pray that a triennial house of assem-
bly or representatives of the people may be
a constituent part of the legislature, with a free
admission therein of roman catholics.
" That a council appointed by the king be
another constituent part thereof, consisting
of a limited number ; and that the members
hold their places for life, residence in the pro-
vince, and good behaviour.
" The laws which they wish to be funda-
mental are, — the criminal laws of England for
the whole province — the commercial laws and
customs of England for the whole province —
the Habeas Corpus act 31. Charles II., and the
other acts relating to personal liberty for the
whole province — the ancient laws and customs
of Canada respecting landed estates, marriage
settlements, inheritance and dower, for the
districts of Quebec, Montreal and Three Rivers
as at present bounded, with a reservation that
proprietors may alienate by will — the common
K
110
chap, law of England for the districts of Lunenburg,
Mecklenburg, Nassau, Hesse * and Gasp6.
to
1791
1774 " That optional juries may be granted in
civil cases, on the same footing as in England,
except that nine jurors out of twelve maybe
sufficient to establish a verdict.
u That the sheriffs, which is an office of
great trust and responsibility, may be struck
annually, by the governor, from a list presented
by the assembly.
" That the judges may not be subject to
suspension or removal by the governor.
" That offices of trust may be executed by
the principal in the appointment. — These are
the principal articles which they propose for
their new constitution.
* * * * * " Sir, I consider it as absolutely
necessary that the british parliament should
establish the great outlines of our constitution ;
—that they should point out clearly those prin-
ciples of law which are to direct and govern
the legislature of the province in their future
deliberations. If that is done, the parties will
more easily approach and assimilate together,
and mutually accommodate one another in such
parts of either of the systems as require sof-
tening or modifying.
" There are among both the english and
french inhabitants who are proprietors of lands
held under the feudal grants ; — there are of
both who are married and have families ; — and
* These four districts were in that part of the province of Quebec,
which subsequently constituted Upper Canada.
Ill
there are of both who have personal dealings chap
and transactions. The old laws, therefore, m-
which are requisite for these purposes, are^J"!^
necessary to, and must be desired by both, to
But, sir, the whole trade and commerce is in 1791
the hands of, and depends on the english. It
is, therefore, extremely necessary for them to
have laws fitted and applicable 10 the nature of
commercial dealings and transactions. As the
trench Canadians are not much engaged in these
pursuits, they cannot be much acquainted with
its operations, and may not feel the anxiety
and trouble which the want of proper laws
occasions to the mercantile body. It is only
from its trade that the province can be useful
or in any wise of importance to this kingdom,
and on that account it is the more necessary to
establish such laws as will promote and increase
it. We, therefore, hope, that parliament will
repeal the whole of the old system, and in the
new constitution, give us those parts of the
english and french laws which we have pointed
out as necessary to us.
= ****«! likewise beg leave to submit
to this honorable house, if it would not be pro-
per to insert in the clauses concerning future
grants of land, a power to authorise his Majesty,
with the consent and advice of the legislature
of the province, to change the tenure of the
lands granted and now held under the feudal
tenure, when requested so to do, by petitions
from the proprietors for that purpose* I mean
that the government should, upon petition,
112
chap, acceptof the surrender of the old feudal grants,
^ and regrant the same to the proprietor in free
^Yn\ and common soccage. This being optional and
1791 not comPulsory5 cannot meet with any opposi-
' tion ; and, in a short time, might be happily
assistant in anglifying the colony, as it would,
by degrees, remove that detestable badge-
vassalage.
" I have now fully stated the defects of the
bill, as it at present stands. My objections go
principally against the following clauses : —
" The establishment of two independent
legislatures in the province.
" The making the place of councillor here-
ditary and not limiting the number of coun-
cillors.
" The small number of representatives in-
tended for the assembly,* and making the dura-
tion of the assembly septennial.
" The continuing of the laws, statutes and
ordinances now in force, or supposed to be in
force in the province generally.
" The investing the governor with the power
of dividing the province into districts, for the
purpose of representation, and appointing the
returning officer, from time to time, and fixing
the places of meeting of the legislature.
" The claiming of tythes from the distant
protestant settlers, and not settling the rate.
" The requiring appeals from the province
* The number originally intended was 30, but this was altered, the
bill fixing the number to at least 50 for Lower Canada.
113
logo before the king in council, in their pro- chap,
gress to his Majesty in parliament.
" The additions we wish to the bill I have 1774
stated before."
The reader will perceive, in the next chap-
ter, that the bill, before it became law, under-
went accordingly, various alterations.
" Sir, we know that a free government will
not act like a charm and produce wonders.
We are sensible that it will occasion some
trouble in the first years, till the people get
accustomed to its operations. We do not
expect that every thing is to prosper and flou-
rish immediately on its establishment ; but we
hope and expect that, in a few years, its bene-
ficial consequences will be felt by the people
and become evident to the observation of
government ; ihat the new legislature may be
able to rouse the people from their present
inactive state, and by bounties and encourage-
ments, stimulate them to industry, enterprise
and invention.
" Such are the hopes we entertain of the
advantages which the united province may
derive from a liberal constitution, and it will
be our chief glory to convince the british nation
that the province of Quebec is and ought to be
considered as a valuable appendage to the
empire.
" But, sir, if the province is to be divided
and the old system of laws continued ; — if it is
expected that either part of the province, sepa-
rated as proposed in the bill shall, in its present
K2
114
chap, exhausted and impoverished state, raise the
• supplies for supporting the whole expenses of
^TJ' government — it will be reducing the province
to to a situation as bad as the children of Isreal
1- in Egypt, when they were required to make
bricks without straw. — The people will see
that the apparent freedom held out by the new
system is delusive, and the new constitution
will complete that ruin which the former per-
nicious system had left unfinished."
These copious extracts from Mr. Lymbur-
ner's* address, will give the reader a tolerable
idea of the state of the province at that time,
and of the opinion which the british inhabitants
of the colony, whom that gentleman represented,
entertained of it, and better, perhaps, than could
be gleaned from the journals of the day, and
pamphlets which, from time to time, at
the period from which we are starting, or
since, have made their appearance on Canadian
affairs. It is scarcely necessary to observe
* This well-informed and highly respectable man lived long enough
to see several of his predictions verified. The following notice of his
decease is taken from a Montreal paper of March 1836 : — " The late
Adam Lymburner, Esq., died at his residence in Bernard street, Rus-
sel square, London, on Sunday the 10th day of January last, at the
advanced age of 90. His remains were interred at St. George's
church, Bloomsbury ; and at his particular request laid alongside of
his friend the late Alexander Auldjo, Esq. , formerly of this city. Mr. L.
came to this country upwards of 60 years ago. In 1776 he succeeded
to the business of his brother, the late John Lymburner, Esq. , who
sailed from Quebec in the fall of 1775, and the vessel with all on board
was lost on the passage. Mr. L. was a native of Kilmarnock, Ayr-
shire. He was for many years a member of the executive council of
this province, and was called to the bar of the house of commons to
give evidence regarding Canada affairs, where he strongly opposed
the separation of the two provinces." Quebec Mercury , \Qth
March, 1836.
115
that the government was not to be turned from Cha)
its purpose, and that the province of Quebec, ui.
was accordingly divided, and the two provinces ^rj*
of Upper and Lower Canada erected in its to
stead, which, after remaining distinct provinces 1791
during fifty years, are now reunited since 1841,
inclusively, by act of parliament.
It is to notice and put on record, for the
perusal of the general reader of our own
day, and for that of the future historian of
America, the principal political and other
interesting matters that have characterised the
existence and career of Lower Canada, as a
british province of foreign origin, and enjoying
a constitution like that of the neighbouring
province, modelled, as far as circumstances
would admit, after that of Great Britain, and
under the same charter, that the present is
intended, and that they may judge how far the
reunion that has taken place of the two pro-
vinces may have been necessary and called for.
As to the results, be they beneficial or the
reverse, time alone can truly develope them.
— The work will be one of some toil, but
as concise as may be consistent with a clear
understanding of the various subjects neces-
sarily introduced, yet we entertain a hope
of getting through it, and to survive the accom-
plishment, however laborious it may be.
116
CHAPTER IV.
The governor in chief, lord Dorchester, embarks tor Eng-
land, on leave of absence — The lieut.-governor, Alured
Clarke, Esquire, assumes the government — Arrival of his
royal highness prince Edward, commanding 7th royal
fusiliers, from Gibraltar — The constitutional act and its
principal provisions — commences 26th December, 1791
— Lower Canada divided, by proclamation, of 7th May,
1792, into counties, cities, and towns — general elections
— representatives chosen — provincial parliament convok-
ed— meets at Quebec,17th December — governor's speech,
and proceedings of the assembly — mail communications
at this period between the province and England, &c.
chap. THE governor in chief, lord Dorchester,
^embarked at Quebec, for England, on the 17th
1791. August, on board H. M. ship Alligator, and
sailed on the following day, leaving the govern-
ment in the hands of major-general Alured
Clarke,who, by proclamation, accordingly gave
notice that it had devolved on him, in conse-
quence of the absence of lord Dorchester, by
leave of his Majesty. His lordship received,
on the eve of his departure, several warm and
very flattering addresses expressive of the res-
pect entertained for him by all classes.
His royal highness prince Edward, command-
ing the 7th, or royal fusiliers, arrived with his
regiment, from Gibraltar, in H. M . ships Ulysses
and Resistance, at Quebec, on the 12th August.
The arrival of his royal highness, (fourth son of
117
the king, and father of her Majesty our present chap
most gracious sovereign) at this period, seemed J
auspicious, and was hailed by the citizens of 1791
Quebec, who, after receiving him with great
demonstrations of respect waited upon him
with an address, for which, in suitable terms,
he returned them his grateful acknowledgments.
His royal highness became popular and a great
favorite with the inhabitants of this city, as
generally he was wherever he sojourned, resid-
ing among them on the best of terms, and never
so happy as when contributing, in some shape
or other, to their festivity, their comfort, their
assistance or relief. — He seemed to be acquaint-
ed with every body of respectability, and every
body knew, esteemed, and loved THE PRINCE,*
who, young, active, and vigorous, was ever,
* The following anecdote is related of his royal highness : —
" At Charlesbourg, on closing the poll of the county election on
Wednesday last the 27th of June, a riot, at taking down the place oi
the hustings, was upon the point of bursting out into open violence.
The instant PRINCE EDWARD discovered the exasperated crowd, he
came up and took a position to be seen by all, and gave the command
for silence.
" Can there be (said his royal highness in pure french, and with a
tone of affection and authority) a man among you that does not take
the king to be father of his people 1"
His words were answered with huzzas and cheers of God save the
fetng.
" Is there a man among you (added the Prince) that does not look
upon the New Constitution as the best possible one, both for the sub-
ject and the government 1"
The huzzas were repeated.
" Part then in peace, (concluded his royal highness) I urge you to
unanimity and concord. Let me hear no more of the odious distinction
English and French. Your are all his britannic Majesty's Canadian
subjects."
The tumult ceased, menace, rage and /wry, gave place to language
ot admiration and applause.
May the laconic and effectual oratory of PRINCE EDWARD, and the
wisdom of his council, be universally attended to and everlastingly
remembered. Quebec Gazette, bthjuly, 1792.
118
chap, without sparing himself, foremost at the head
^of his gallant men, in lending a hand at
1791 subduing fires that accidentally, day or night,
broke out in the city, or on any other emer-
gency in which he could do a good turn to the
citizens. The discipline of his regiment was
strict and severe ; but his royal highness libe-
rally patronised merit, never losing sight of the
individual, however humble or obscure his
station or birth, whom he found deserving
of his confidence and once took by the hand.
Remarkably temperate in his habits and regular
in business, he patronised these qualities, par-
ticularly in those serving under him, and to all
in whom he found such, the path to promotion
and to honor was laid open through his influ-
ence, and their attainment depended but upon
themselves. The patronage of his royal high-
ness was, in itself, a proof of merit, none
obtaining but such as were ascertained to be
deserving of it, and of which, when he could,
he invariably made himself the judge.
The constitutional act repealed so much of
the Quebec act as related to the appointment
of a council for the aftairs of the province of
Quebec, and the powers given to it to make
ordinances for the government thereof.
His Majesty's message expressive of his
intention to divide the province of Quebec into
two separate provinces, as previously noticed,
to be called Upper Canada and Lower Canada,
being recited, it was enacted that a legislative
council and assembly should be established in
119
each province, with power to make laws for the chap.
peace, welfare, and good government thereof. 1V
The members of the legislative council were .179]
to be appointed by the king for life, and in 1
Upper Canada to consist of not fewer than \
seven, and in Lower Canada not fewer than 1
fifteen persons. No person not being of the
full age of twenty-one years, and a natural born
subject of his Majesty, or naturalised by act of
the british parliament, or a subject of his Ma-
jesty by the conquest and cession of Canada,
could be appointed to it. His Majesty was
authorised to annex to hereditary titles of honor,
the right of being summoned to the legislative
council in either province.
The governor had the right of appointing a
speaker to the legislative council. Each pro-
vince was to be divided into districts or coun-
ties, or cities, or towns, or townships, which
were to return representatives to the assem-
blies, the governor fixing the limits of such
districts and the number of representatives to
be returned to each. The whole number of
members of the assembly in Upper Canada
was to be not less than sixteen, and in Lower
Canada not less than fifty, and to be chosen by 1
a majority of votes. The county members were
to be elected by owners of land in freehold or
in fief or roture, to the value of forty shillings
sterling a year, over and above all rents andf
charges payable out of or in respect of the ,
same. Members for the towns or townships
were eligible by persons having a dwelling-
120
chap, house and lot of ground therein of the yearly
IV- value of five pounds sterling or upwards, or who
^~ having resided in the town for twelve calendar
months, next before date of the writ of election,
shall bond fide have paid one year's rent for
the dwelling-house in which he shall have
resided, at the rate of ten pounds sterling per
annum, or upwards.
No person being a legislative councillor or a
clergyman of the church of England or Rome,
or a teacher of any other religious profession,
was eligible to the house of assembly in either
province, nor was any person under lawful age,
to vote at any election of a member to serve in
the assembly, nor eligible thereto ; nor was any
person eligible as such who was not a natural
born subject, or naturalised as aforesaid, or a
subject of his Majesty by the conquest.
Power was given the governor to fix the
times and places of holding the first and every
other session of the legislative council and
assembly in each province, giving due notice
thereof, and to prorogue the same from time to
time, and dissolve it whenever he deemed such
expedient. They were to be convoked once
at least, in every twelve months, and each
assembly was to continue four years from the
day of the return of the writs for choosing the
members ; subject, however, to be sooner pro-
rogued and dissolved, at the pleasure of the
governor.
The governor was authorised to give or
withhold his Majesty's assent to all bills, passed
121
by the two branches, and to reserve such as he chap.
might think fit, for the signification of his Ma- J^
jesty's pleasure thereupon. Copies of all bills i791.
he might assent to, were also to be forwarded
to the secretary of state ; and his Majesty might,
at any time within two years after receipt by
the secretary, disallow them if he thought fit.
Bills reserved by the governor for his Ma-
jesty's pleasure, were not to have effect till
sanctioned and notice thereof given by message
to the two houses of the provincial parliament,
or by proclamation ; nor could the royal assent
to bills so reserved be given, unless within two
years next after the day when presented to the
governor for the royal assent.
All laws, statutes and ordinances in force in
either province, except as repealed or altered
by that act, were to remain in force, as they
might be at the time of its coming into
operation.
The governor and executive council, which,
by an ordinance of the province of Quebec,
had been constituted a court of appeals, were,
in each province, to continue so ; liable, how-
ever, to such other provisions as might be
deemed necessary by the new legislatures.
It was enacted that an allotment of crown
lands, in each province, should be made for the
support and maintenance of a protestant clergy
within the same, and such allotment was to be
as nearly as circumstances and the nature of
the case would permit, equal in value to a
L
122
chap, seventh part of the lands granted, and to be
^ granted. This provision of the act became,
1791. and, indeed, still is a source of much agitation
and discord in Canada. Far better for it had
it been, if such enactment had never taken
place.
His Majesty was authorised to empower the
governors in each province, to erect parsonages
and endow them, and to present incumbents
or ministers of the church of England, subject
and liable to all rights of institution and all
other spiritual and ecclesiastical jurisdiction
and authority, lawfully granted to the bishop of
Nova Scotia.
Power was given to the provincial legisla-
tures to vary and repeal the provisions relating
to such allotments for the support of a protes-
tant clergy, parsonages and rectories, and pre-
sentation of incumbents or ministers ; but it
was provided that no bills in this behalf were,
to be assented to by his Majesty, until thirty
days after they had been laid before both
houses of the imperial parliament, nor was his
Majesty to assent to any such bill in case of an
address from either of the houses during that
period, requesting him to withhold the royal
assent from it. The intent of these privileges
was to preserve the rights and interests of
the established church of England in both
provinces from invasion by their respective
legislatures.
All lands to be thereafter granted in Upper
Canada, were to be in free and common soc-
123
cage, and so also in Lower Canada, when thechap. /
grantee required it.
The british parliament reserved to itself the ^~
right of providing regulations or prohibitions,
imposing, levying, and collecting duties, for the
regulation of navigation, or for the regulation ;
of commerce, to be carried on between the :
said two provinces, or between either of them,
and any other part of his Majesty's dominions,
or any foreign country, or for appointing and
directing the payment of duties so imposed ;
leaving, however, the exclusive appropriation
of all monies so levied, in either province, to
the legislature thereof, and applicable to such
public uses therein, as it might think fit to
apply them.
The governor, pursuant to the king's instruc-
tions, was to fix upon and declare the day
when the act should commence, which was not
to be later than the 31st December, 1791 ; nor
was the calling together of the legislative
council and assembly, in each province, to be
later than the 31st December, 1792.
The above are the principal provisions in
the act which conferred a constitution upon
the new provinces of Upper and Lower Ca-
nada, respectively, or as much of them at least
as it is necessary to quote. By a proclamation
dated at the Castle of St. Louis, Quebec, 18th
November, 1791, of his excellency the lieute-
nant governor Alured Clarke, Esquire, it was
declared that the act should commence within
the said provinces of Upper and Lower Canada,
124
chap, respectively, on the 26th December, 1791.—
^ The proclamation issued on the occasion stat-
i79i. ed, that by an order of the king in council, in
August previous, the two provinces were sepa-
rated by a division line " commencing at a stone
boundary on the north bank of the lake St.
Francis, at the cove west of the Point an
Baudet, in the limit between the township of
Lancaster and seigniory of new Longueuil,
running along the said limit in the direction
of north thirty-four degrees west to the wes-
ternmost angle of the said seigneurie of new
Longueuil, ihence along the north-west boun-
dary of the seigneurie of Vaudreuil, running
north 25 degrees east, until it strikes the
Ottawa river, to ascend the said river into
lake Tomiscanning, and from the head of the
said lake, by a line drawn due north until
it strikes the boundary line of Hudson's Bay,
including ail the territory to the westward
and southward of the said line, to the utmost
extent of the country commonly called or
known by the name of Canada."
The day was celebrated at Quebec by a
public dinner, numerously attended by citizens
of all classes and denominations, enlivened by
the Prince's band of music, and by a splendid
illumination of the city in the evening, — all
were agreed (remarks the Gazette) that dis-
tinctions between old and new subjects should
henceforward cease, and that they should be
united in one body — as the only means of pro-
moting the happiness and prosperity of the
125
whole. A " constitutional club" was formed by chap
the gentlemen (upwards one hundred and sixty) IV
who had dined together on the occasion.*
By a subsequent proclamation dated at the
Castle of St. Lewis, Quebec, 7th May, 1792,
Lower Canada was divided into counties, cities
and towns, and the limits of each defined. The
counties were — Gaspe, Cornwallis, Devon,
Hertford, Dorchester, Buckinghamshire, Riche-
lieu, Bedford, Surry, Kent, Huntingdon, York,
Montreal, Effingham, Leinster, Warwick, St.
Maurice, Hampshire, Quebec, Northumber-
land, Orleans, twenty-one in all, besides the
cities or towns of Quebec and Montreal, the
borough of Three Rivers and borough of
William Henry. These counties were each to
return two representatives to the Assembly,
* This evening the committee which had been appointed to support
the petition of November 1784, to the King and parliament of Great
Britain, met a number of merchants and citizens at the Merchants'
Coffee-House, and having laid their accounts before the meeting, they
informed them, that the object for which they were elected being
now accomplished, they considered it their duty to resign the office,
and to intimate the resignation more generally by an advertisement
in the public paper.
The committee having declared themselves dissolved, it was then
moved and unanimously resolved,
" That the thanks of the citizens now assembled, be given to
' Adam Lymburner, Esquire, for his activity, zeal, and unwearying
1 application, during his agency and mission from this province, to
1 Great Britain, in maintaining and supporting the petition of 1784,
' for a representation of the people, as a constituent part of the
' government of Canada, to the King and parliament of Great Britain."
The gentlemen who composed the late committee having retired,
it was moved, and unanimously resolved, by the citizens then
present —
" That the thanks of the citizens now assembled, be given to the
" late committee, for their activity, zeal, and unremitted attention,
" in the faithful discharge of the important trust reposed in them by
their constituents." — Published by order.
Quebec, 24th Dec., 1791. W. ROXBURGH, Sec.
L2
hal.
ivf
126
. with the exception of Gasp6, Bedford and
Orleans, each of which was to return but one.
'i^T Quebec and Montreal were respectively to
*, return four, Three Rivers two, and William
1 Henry one, in all fifty representatives.
A proclamation issued on the 14th of May,
giving notice that writs of election had that
day been ordered, and were to issue, bearing
teste the 24th of the same month, returnable on
the tenth day of July following. The elections
accordingly took place in June, and were in
general warmly contested, and on the whole,
the people judiciously exercised their fran-
chise, by a good selection of members at this
the outset of the constitution, the best, as some
will have it, made during the existence of
Lower Canada as a province.f There were
several merchants in the body, of the first stand-
ing in Quebec and Montreal.
The provincial parliament was convoked by
proclamation of the 30th Oct. for the despatch
of business, and pursuant thereto met for the
first time at Quebec, on the 17th December,
1792. The honorable William Smith, the chief
f The following is the return as found in the Journal of the Assem-
bly : — Gaspe, Edward 0 'Kara ; Cornwallis, P. L. Panet and Jean
Dige ; Devon, Fras. Dambourges and Jas. Tod ; Hertford, P. Mar-
coux and Louis Duniere ; Dorchester, Gabriel Elz. Taschereau and
Louis De Salaberry ; Buckinghamshire, A. Juc. Duchesnay and J.M.
Tonuancour, Paine. Richelieu — Borough of William Henry, John
Barnes ; County, Pierre Guerout and Benj. Cherrier. Bedford, J. B.
M. H de Rouville ; Surry, Philip Rocheblave and Fran. Malhiot ;
Kent, Rene Boileau and Pierre Le Gras Pierreville ; Huntingdon, Hyp.
St. Geo. Dupre and G. C. Lorimier ; York, M. E. G. Ch. De Lotbi-
niere and P. A. De Bonne. Montreal — West Ward, James McGill
and J. B. Durocher; East Ward, Joseph Frobisher and John Richard-
sow; County r Joseph Papineau and James Walker. Effingham,
127
justice of the province, was appointed speaker chap,
of the legislative council, by the lieutenant IV-
governor. The names of those constituting 1792
the legislative council were as below.*
J. A. Panet, Esquire, an old and eminent advo-
cate of the Quebec bar, returned a member for
the upper town of Quebec, was chosen by the
assembly for its speaker. f His excellency the
lieutenant governor, after confirming the choice
Jacob Jordan and Jos. La Croix ; Leinster, Fran. Antoine La Roque
and Bonav. Panet ; Warwick, P. P. M. La Valtrie and Louis Olivier.
St. Maurice — Borough of Three Rivers, John Lees and Nicholas St.
Martin ; County, Thomas Coffin and Augustin Rivard. Hampshire,
Matthew N'Nider and Jean Boudreau. Quebec — Upper Town, J.
Antoine Panet and William Grant ; Lower Town, Robt. Lester and
John Young ; County, Louis De Salaberry and David Lynd. Nor-
thumberland, Pierre Bedard and Joseph Dufour ; Orleans, Nicholas
Gaspard Boisseau.
* The legislative council, at the opening of the parliament, con-
sisted of — the honorable William Smith, speaker ; J. G. Chaussegros
de Lery, Hugh Finlay, Pieotte de Belestre, Thomas Dunn, Paul Roc
de St. Ours, Edward Harrison, Francois Baby, John Collins, Joseph
de Longueuil, Charles Delanaudiere, George Pownal, R. A. De Bou-
cherville, John Fraser. — The receiver general, Henry Caldwell, was
soon after added, making the number fifteen as by law required.
f This excellent man and good citizen, served, as we shall see
in proceeding, many years as speaker of the assembly, and without,
other remuneration or reward than the approbation of his fellow citi-
zens and subjects. His brother, Mr. P. L. Panet, is said thus to have
expressed himself during the debates relating to the choice of speaker,
and which deserves to be recorded : — " I will explain my mind on
the necessity that the speaker we are about to choose should possess
and speak equally well the two languages. In which ought he to
address the governors 1 — is it in the english or french languages 1 — To
solve the question, I ask whether this colony is or is not an english
colony ? — 'what is the language of the sovereign and of the legislature
from whom we hold the constitution which assembles us to-day ? —
what is the general language of the empire 1 — what is that of one part
of our fellow citizens 1 — what will that of the other and that of the
whole province be at a certain epoch'? I am a Canadian, the son of
a frenchman — my natural tongue is french ; for, thanks to the ever
subsisting division between the Canadian and english since the cession
of the country, I have only been able to procure a little knowledge of
that of the latter — my testimony will not, therefore, be questioned. It
is then my opinion, that there is an absolute necessity that the cana-
128
chap, of the house, opened the session with a speech
IV- of which the following are the prominent parts :
1792. " Gentlemen of the Legislative Council, and Gentlemen
of the House of Assembly. — Our most Gracious Sovereign,
always watchful over the happiness of his people, having
taken into consideration the condition of his loyal subjects
of this province and recommended them to his parliament
for such change in their colonial government as circums-
tances might require and admit, the act was passed that
has made it my duty, as it is my pride, to meet you in
general assembly, which I have endeavoured to do at a
season least inconvenient to your private interests.
On a day like this, signalized by the commencement in
this country of that form of government which has raised
the kingdom, to which it is subordinate, to the highest
elevation, it is impossible not to feel emotions difficult to be
expressed.
44 To give an opportunity for your loyal and grateful
acknowledgments to his Majesty is one of my motives for
calling you together, and that debt discharged, your councils
will, doubtless, be next employed for enacting the laws
necessary to confirm and augment the prosperity of your
country.
" Gentlemen of the House of Assembly — Acquainted as
you are with the condition and desires of the people you
represent, it is from your house the public will chiefly
expect such ordinary provision as the common weal may
require, and I trust, that if any measures conducive to it
shall necessarily be postponed for mature consideration to a
subsequent session, no regulation of indispensable utility-
will escape your present attention.
" Gentlemen of the Legislative Council, and gentlemen
of the House of Assembly. — Great Britain being happily at
dians, in course of time, adopt the english language, as the only means
of dissipating the repugnance and suspicions, which the difference of
language would keep up between two people united by circumstances
and necessitated to live together ; — but in the expectation of the ac-
complishment of this happy revolution, I think it is but decent that
the speaker on whom we may fix our choice, be one who can express
himself in english when he addresses himself to the representative of
our sovereign." — Quebec Gazette, 2Qth December, 1792.
129
peace with all the world, and, 1 hope, without apprehension chap.
of its interruption, the present moment must be most fit IV.
and urgent for all those arrangements best made at a season v-~v^
of tranquillity and falling within the sphere of our trust. 1792.
The conviction I feel of your disposition to cultivate that
harmony amongst yourselves and each branch of the legis-
lature, which is always essential to the public good and
private satisfaction, makes it unnecessary for me to enlarge
upon this subject.
" Such objects as it may become rny duty to recommend
to your consideration shall be occasionally communicated
to you by message."
The address of the assembly in answer to
his excellency's speech was cordial : —
" May it please your excellency,— Truly sensible of the
paternal solicitude of our most gracious sovereign, in watch-
ing over the happiness of his people, and of the justice and
benevolence of the parliament of Great Britain, in granting
to his Majesty's loyal subjects of this province, a new and
liberal constitution for their colonial government, we shall
ever retain the most grateful and lively sense of the duties
we owe to the parent state.
fc< We cannot express the emotions which arose in our
breasts, on that ever memorable day, when we entered on
the enjoyment of a constitution assimilated to that form of
government, which has carried the glory of our mother coun-
try to the highest elevation.
" We beg leave to assure your excellency, that our feel-
ings and those of our constituents, fully sensible of the mag-
nitude of the blessings conferred by the change which
brought us to so memorable a convention, are of the most
lively nature ; and next to our gratitude to the almighty
arbiter of the universe, we cannot sufficiently extol the
magnanimity and grace of the king, the common father of
his people, and of that parliament which has so generously
co-operated for the establishment, that is most deservedly
the subject of our general joy.
" It is an unparalleled happiness for us, to have an op-
portunity of presenting to his Majesty our loyal thanks, and
of expressing to him our gratitude; such homage is the
130
Chap. languaSe °f our hearts, and it is due from us, for all the favors,
IV. ' with which we have been loaded That duty fulfilled, we
s--v^ will turn our attention with most ardent zeal, to forming
1792. such laws, as may tend to the prosperity and advantage of
our country.
" We hear with pleasure that Great Britain is at peace
with all the world, and we consider this as the most favora-
ble time for the consideration of the objects that fall within
the sphere of our charge : — to cultivate harmony among
ourselves and each branch of the legislature, is our most
ardent wish, convinced as we are, that it is a condition
essentially necessary to the public good, and our own private
satisfaction.
" We will, at all times, give the most speedy and delibe-
rate consideration to such messages as we may receive from
your excellency."
The lieutenant governor, immediately after
delivering his speech, sent a message acquaint-
ing the assembly that he had it in command, to
recommend to their immediate attention the
establishment of the number proper to consti-
tute a quorum of the house, and likewise the
forming of such rules and standing orders for
regulating the form of proceedings as might be
most conducive to the regular despatch of
business. He at the same time submitted to
their wisdom whether it would be best to estab-
lish the quorum by an act of the legislature, or
by a standing rule of the house. This matter
created much warm discussion. The quorum
was fixed by a standing rule, at thirty-four
members, including the speaker ; but this was
afterwards, in the same session, reduced to
twenty-six, (a majority of the whole house) and
at the following session to eighteen, but sub-
sequently again increased.
131
Shortly after the opening of the session, the chap.
lieutenant governor transmitted the message IV-
following to the assembly, relating to the enact- ^^
ment of laws : —
" Mr. Speaker of the house of assembly, — I am instruct-
ed by his Majesty respecting the enactment of laws in this
province, upon sundry points, which I think fit to commu-
nicate to the legislature for their information, certain articles
whereof are in the words following: —
" That the style of enacting all the said laws, statutes and
ordinances shall be by us, our heirs or successors, by and
with the advice and consent of the legislative council and
assembly of our province of Lower Canada, constituted
and assembled by virtue of, and under the authority of an
act passed in the Parliament of Great Britain, intituled " an
act to repeal certain parts of an act, passed in the fourteenth
year of his Majesty's Reign, intituled an act for making more
effectual provision for the government of the province of
Quebec in North America ; and to make further provision
for the government of the said province ;" — And that no
bill in any other form shall be assented to by you in our
name." — " That each different matter be provided for by a
different law, without including in one and the same act
such things as have no proper relation to each other.
" That no clause be inserted in any act or ordinance
which shall be foreign to what the title of it imports, and
that no perpetual clause be part of any temporary law.
" That no law or ordinance whatever be suspended,
altered, continued, revised, or repealed by general words,
but that the title and date of such law or ordinance be
particularly mentioned in the enacting part.
" That in case any law or ordinance respecting private
property shall be passed without a saving of the right of us,
our heirs and successors, and of all persons or bodies politic,
or corporate, except such as are mentioned in the said law
or ordinance, you shall declare, that 3^011 withhold our assent
from the same ; and if any such law or ordinance shall be
passed without such saving, you shall in every such case,
declare that you reserve the same for the signification of our
royal pleasure thereon.
132
chap " ^nc^ whereas laws have formerly been enacted in seve-
IV. ral of our plantations in America, for so short a time, that
s-~^, our royal assent or refusal thereof could not be had before
1792. the time for which such laws were enacted, did expire, you
shall not assent in our name to any law that shall be enact-
ed for a less time than two years, except in cases of immi-
nent necessity, or immediate temporary expediency ; and
you shall not declare our assent to any law containing pro-
visions which shall have been disallowed from us, without
express leave for that purpose first obtained by us,
upon a full representation by you to be made to us, by one
of our principal secretaries of state, of the reasons and
necessity for passing such law."
In answer to this a deputation of four mem-
bers was appointed to wait on his excellency
the lieutenant governor with the humble thanks
of the house, and at the same time to assure
him that the house would duly attend to his
Majesty's instructions communicated by mes-
sage, as the basis whereon safe and sound
legislation may be raised, private and public
rights secured and protected, and the interests
of Great Britain and this colony lastingly com-
bined.
It may here be observed, that the business
of the house was carried on, and the motions
put by the speaker in english and french, (the
latter being his native tongue,) and that the
journals were kept in both languages. It was
made a standing rule of the house " that no
motion shall be debated or put unless the same
be in writing and seconded ; when a motion is
seconded it shall be read in english and french
by the speaker before debate." It was a few
days after the adoption of this rule resolved to
133
amend it, by adding after the word " speaker," chap.
the words " if he is master of the two languages, ] v-
if not, the speaker shall read in either of the 7792.
two languages most familiar to him, and the
reading in the other language shall be by the
clerk or his deputy at the table."
His excellency also sent down early in the
session a message relating to a new judicature
system, recommended by the home govern-
ment. A bill was accordingly, in compliance
with it, introduced in the legislative council
and passed, but did not meet with the concur-
rence of the lower house, which put off the
consideration of it until the next session ;
apologizing, however, for the delay, by a res-
pectful address on the subject, to the lieutenant
governor.
An immensity of discussion arose as to the
language (english or french) in which bills
should be introduced, and which was to be
deemed the language of the law. It was moved
" to resolve that the house shall keep its jour-
nal in two registers, in one of which the pro-
ceedings of the house and the motions shall be
wrote in the french language, with a translation
of the motions originally made in the english
language ; and in the other shall be entered
the proceedings of the house and the motions
in the english language, with a translation of
the motions originally made in the french
language."
To this, Mr. Richardson, moved to add, in
amendment, the following — " but although the
M
134
chap, journal shall be thus kept in english and in
fv french, and all bills that may be brought in or
laws that may be enacted, shall be translated
from the one into the other language, at such
stage of their progress as may be determined
upon, yet in order to preserve that unity of
legal language indispensably necessary in the
empire, and touching any alteration in which, a
subordinate legislature is not competent, the
english shall be considered the legal text." —
The proposed amendment was negatived (yeas
13, nays 26,) and the original motion unani-
mously passed.
In addition to this, it was a few days
afterwards " resolved that such bills as are
presented, shall be put into both languages ;
that those in english be put into french, and
those presented in french be put into english,
by the clerk of the house or his assistants,
according to the directions they may receive,
before they be read the first time ; and when so
put shall also be read each time in both lan-
guages. It is well understood that each mem-
ber has a right to bring in any bill in his own
language ; but that after the same shall be
translated the text shall be considered to be
that of the language of the law to which said
bill hath reference." Thus this matter, which
at one moment threatened to disturb the equa-
nimity of the house and kindle national animo-
sities among the members, was compromised,
and settled down in the resolutions cited,
which being made a rule of the house, was
135
ever afterwards cheerfully observed and work- chap,
ed to the satisfaction of all.
An address relating to the new constitution, ""J^T
was voted by the assembly to his Majesty :—
" We your Majesty's most dutiful and loyal subjects the
representatives of Lower Canada, met in assembly for the
first time under our new constitution, humbly approach the
throne to express to your most gracious Majesty, our senti-
ments of gratitude and joy on the happy change which has
taken place in the forms of our government.
" The constitution which it hath pleased your Majesty in
parliament to give us, modelled upon that of Great Britain,
a constitution which has carried the empire to the highest '
pitch of glory and prosperity, assures to this colony the most
solid advantages, and will for ever attach it to the parent
state.
" Now partaking without distinction the benefits of a
government, which protects all equally, we offer our thanks
to divine providence for the happiness prepared for us ; our
prayers are for the general prosperity of the nation of which
we make a part, and for the preservation and felicity of our
august and virtuous sovereign,
" May it please your Majesty 4o receive favourably our
respectful homage, and permit us anew to express our loy-
alty and attachment,
ik May it also please your Majesty and parliament to
receive our most humble thanks for the favor conferred upon
this colony.
" Such are the heartfelt wishes of the representatives of
the people of Lower Canada."
This truly loyal address was forwarded to
his Majesty by the lieutenant governor.
His excellency transmitted to the assembly
a message, on the 26th February, of which the
following is an extract : —
" I am directed also to recommend to the legislative
council and house of assembly, to make due provision for
erecting and maintaining of schools where youth may be
136
Chap, educated in competent learning and in knowledge of the
IV. principles of the Christian religion, which I do in full confi-
^~~ dence, that they will receive the consideration due to such
1793. important objects."
A petition on the subject of education was
shortly after this presented to the assembly by
divers inhabitants of Quebec, in which it was
stated —
" That since the abolition of the Jesuits, those of Canada
had generously offered, and still persisted in offering to this
province the remitment and possession of all the property1
and funds of the college (estates) for the use of the public,
to whom they belong, and only desire a subsistence, but
that such restitution has been retarded and impeded by many
difficulties.
" That the petitioners are convinced that his most gra-
cious Majesty, by his royal instructions, was ever desirous
of being well informed of those titles (of the Jesuits) and to
reserve of all those funds, whatever might be requisite for
the public education, without prejudice either to the causes
or effects, such as the establishment had in view.
" Wherefore the petitioners hope that this honorable
house will consider that the estates of the Jesuits have been
improved only by the labour, courage and industry of the
inhabitants of this country, in hopes of educating their pos-
terity, and that those estates, though sufficient, do not ex-
ceed the necessary expenses to afford a public education
properly organised on a liberal plan, for which purposes
they were granted, and therefore that they justly claim the
same with the respect due to this honorable house."
Much discussion arose on this matter, which
terminated in an address to his Majesty,
wherein it was represented —
" That the deplorable state of education in this province
has long been a matter of the deepest regret ; and as the
object of our present humble address and petition to your
Majesty is to remedy so great an evil, it cannot fail interest-
ing the feelings of the beneficent and enlightened sovereign
137
of a liberal and magnanimous nation, — permit us to say
a matter of more serious and important concern to this part IV.
of your Majesty's dominions cannot occupy our attention. v-*-v^
" In contemplating this subject, we have been naturally '793.
led to look forward to the reversion of the property now and
heretofore possessed by the Jesuits in this province, as greatly
contributing to so desirable an end.
" We therefore most humbly beseech your Majesty to be
graciously pleased, upon their extinction or demise, to order
such measures as to your Majesty, in your royal wisdom and
justice shall seem meet, to secure and apply the same to the
education of the youth in this province, by thereestablish-
ment of a college therein ; a purpose apparently congenial
to the original intention of the donors, most benevolent in
itself, and most essentially necessary for the promotion of
science and useful knowledge."*
* The revenues from these estates were, accordingly, after many
years discussion and several applications, year after year, on the sub-
ject, by the assembly to the government, finally given up by his late
Majesty king William the Fourth ; and, ,as previously mentioned, by
an act of the parliament of Lower Canada, (2 Will. IV., ch 41.) ap-
propriated to education exclusively ; but an effort has recently been
made in the parliament of the united province, and will probably be
renewed, to appropriate them exclusively to the education of catholics.
An unsuccessful application, it seems also has more recently been made,
to the governor general, lord Elgin, by the roman catholic clergy, for
a portion of the funds arising from those estates, for missionary pur-
poses of their church, (probably with a view to the instruction of the
Indian tribes in the north, whither missionaries have recently gone,)
for the promotion of which, no doubt, some of the estates belonging
to the late order of Jesuits in Canada were, in part, conferred
upon them by the original donors. His excellency felt himself
bound, however, to refuse the application, on the ground that the
revenues in question were already appropriated by the legislature,
" to educational purposes," adding, also, that in his opinion, it was
neither " expedient or desirable" to endeavour to divert those funds
from their existing destination. The following is the letter, as it has
gone the round of the public prints, written by order of his excellency
in answer to the application : —
" We learn from the Canadien, that Mr. C. F. Cazeau, Secretary
to the bishop of Quebec, has lately received the following reply to the
petition of the Canadian roman catholic clergy, presented in the month
of June last :— (Quebec Gazette. \3th Sept., 1847.)
" SECRETARY'S OFFICE, Montreal, 22d July, 1847.
" Sir,— In your two-fold capacity of subscriber to the petition of
Ihe catholic clergy of the diocese of Quebec and Montreal, requesting
M2
138
chap. On the 25th of April, his excellency sent a
[V- message to the assembly, informing them that
J7():j he had received a letter from the secretary of
state, of the 9th February last, " stating that
the persons exercising the supreme autho-
rity in France, had declared war against his
Majesty." A proclamation also issued notify-
ing the circumstance.
In answer to the message, the assembly sent
up an address thanking his excellency for it,
" and assuring him that it was with horror they
had heard that the most atrocious act which
ever disgraced society had been perpetrated
in France, (alluding to the recent decapitation
of the unfortunate Louis XVIth,) and that it
was with concern and indignation they now
learned that the persons exercising the supreme
authority there, had declared war against his
Majesty.
" His Majesty's faithful subjects," — said they
the appropriation of the estates of the formerly existing order of
Jesuits, to the accomplishment of the objects to which they were
originally devoted, and as secretary to the archbishop of Quebec,
which gives you the means and opportunity of easy communication
with the reverend subscribers to the said petition, I have the honor,
by command of the governor general, to forward to you his excel-
lency's answer to the said petition.
" His excellency enjoins me to point out to you that the legislature
has formerly appropriated the revenues of the Jesuits' estates to edu-
cational purposes, and that these revenues, consequently, cannot be
diverted therefrom into the hands of the clergy of the church of Rome,
without the previous sanction both of the crown and the legislature ;
and his excellency is of opinion that this is an object which it is
neither expedient or desirable to endeavour to attain.
" Under these circumstances, his excellency finds it impossible to
adopt any measures towards fulfilling the desire of the petitioners.
" I have the honor to be, &c., &c.,
" D. DALY, Secretary."
139
— " earnestly pray that his arms maybe crown- chap,
ed with such signal success over his enemies, LV-
as shall speedily bring about a peace, honora- ^793.
ble, safe, and advantageous to his Majesty and
the empire."
They assured his excellency in conclusion,
that the house would immediately proceed to a
revision of the militia laws, and if alterations
and amendments were necessary, they would
make such as should be deemed the most fit
and proper to secure and protect the province
from every injury and insult of his Majesty's
enemies.
The subject was taken up and discussed,
but as no alterations were made in the militia
ordinance then in force, and which gave the
governor very great powers, it is to be inferred
thay they were deemed, by the assembly, ade-
quate to any emergency as, in fact, they were.
A variety of standing rules relating to the
proceedings in the house, and to its intercourse
with the other house, framed upon those in use
in the imperial parliament, was adopted. A
fund was provided, by a small imposition oft
wines imported into the province, for paying
the salaries allowed the officers of the legisla-
tive council and assembly and defraying the
contingent expenses thereof.* This induced
* The following are the salaries allowed the officers of the house of
assembly :— Clerk, £250— Clerk Assistant, £150— Under Clerks,
£100— Sergeant at Arms, £75— Total, £575. And to the officers of
the legislative council, as follows : — Clerk, £250 — Clerk Assistant,
£100— Under Clerk, £50— Black Rod, £75— Mace, £40— Contingen-
cies, £50— Total, £565. Total of both, £1140. The whole supply
granted to pay the officers of the legislative council and house of
140
cknp. the house to record upon its journals, the fol-
IV lowing resolution : —
1793 " Resolved and declared, — That in order to remove all
anxiety and disquietude, and to preserve a perfect union
and good correspondence with the province of Upper
Canada, this house will at all times be ready to take into
consideration the allowance or drawback to be allowed to
the province of Upper Canada upon all wines consumed
therein and subject to a duty on importation into this
province under the bill intituled " an act to establish a fund
" for paying the salaries of the officers of the legislative
" Council and assembly, and for defraying the contingent
" expences thereof," — whenever arrangements tending to
ascertain the quantity of wine exported to the province of
Upper Canada from or through this province, shall be fixed
and settled in such manner as may be deemed expedient by
the joint concurrence of the government of each province,
and that an humble address be presented to his excellency
the lieutenant governor, requesting he would be pleased
to take the earliest opportunity of communicating this resolve
to his excellency lieutenant governor Simcoe, or person
administering the government of the province of Upper
Canada for the time being."
The session having now been spun out to
the beginning of May, the members, tired of it,
and most of them gone home, his excellency,
on the ninth of that month, went down to trie
legislative council chamber, whither the assem-
bly being summoned, he, after giving the royal
assent to eight bills, prorogued the parliament
with the following speech : —
" Gentlemen, — At the first meeting of the Legislature, I
congratulated you upon the flattering prospects which opened
assembly the salaries and allowances voted them for the current year
and other contingencies incurred since the meeting of the legislature
was £1500. The amount now (1847) annually required is more than
«k>uble as many thousands as there were hundreds then !
141
to your view, and upon the flourishing and tranquil state of
the british empire, then at peace with all the world ; since IV.
that period I am sorry to find its tranquillity has been dis- *-^~
turbed by the unjustifiable and unprecedented conduct of 1793.
the persons exercising the supreme power in France, who,
after deluging their own country with the blood of their
fellow-citizens, and imbruing their hands in that of their
sovereign, have forced his majesty and the surrounding
nations of Europe into a contest, which involves the first
interests of society. In this situation of public affairs I
reflect with peculiar pleasure upon the loyalty and faithful
attachment of his majesty's subjects of this province to his
royal person, and to that form of government we have the
happiness to enjoy.
" Mr. Speaker, and Gentlemen of the House of Assembly,
— The provision you have made for the payment of the
salaries of the officers, together with the contingent ex-
penses of both houses of the legislature, claims my best
thanks, and furnishes a well founded hope that though the
peculiar circumstances attending this your first session has,
for the present, excluded the great object of supplying
more generally the medium of support to the exigencies of
a sufficient and weft regulated government, your next
meeting may afford leisure for the mature consideration of
this important subject, and be productive of such grants as
will enable the executive power to create and maintain
such colonial establishments as may be absolutely requisite
to the general welfare of the province.
" Gentlemen, — The laws that you have prepared, and
to which I have given his majesty's assent, will afford relief
to some of the objects that demanded immediate attention,
and I persuade myself that those of a more important nature
will receive your private reflection during the recess, and
be the result of your mature deliberation at the next session,
particularly that respecting the courts of judicature which
has been strongly recommended to your attention, and such
further regulations as may appear necessary for the better
organizing and more effectually calling forth the militia for
the defence of this extensive" and valuable country, when
war or the evil disposition of our enemies of any description
shall make it necessary/'
142
chap. Thus ended this first session of the first
^ parliament of Lower Canada, to the general
1793. satisfaction, as far as at this distance from it,
we can understand.
Canada, in its intercommunications withEng-
land and the rest of the world, at this period, may
have been as, according to Virgil, England itself
was, in his time, with respect to Italy — " penitus
toto divisos orbe britannos." To give the reader
an idea of the rate at which news, in those times,
travelled backward and forward, it has only to
be stated that the mail between Quebec and
New York, as well as to Halifax, was but
monthly, and not always regularly so. In the
Quebec Gazette of the 10th November, 1792,
it is stated that the latest news from Philadel-
phia and New York,were to the 8th of October,
giving accounts of a battle on the Wabash and
Anguille rivers in August, between an expedi-
tion of the American forces, consisting of 523
rank and file, under general Wilkinson and a
body of indians, in which the latter were routed,
news, which, at the present time, would reach
Quebec, in three days and perhaps less,
from the place of action, and in direct line. —
Again, on the 29th December, it is said,
" yesterday's post from Montreal, brought New
York papers to the 27th November." In a
notice from the " General Post Office, Quebec,
17th November, 1791, information is given that
" a mail for England will be closed at this
office, on Monday, 5th December next, at 4
o'clock, p. m., to be forwarded by way of New
143
York, in H. M. packet-boat, which will sail chap,
from thence in January." Similar notices were IV
sometimes given of mails for England by way of 1793.
Halifax, by which route they also, occasionally,
came and went. But a month was the average
time of the mail between either of those places
and Quebec, and from the latter to England,
two months.*
Contrast the following with the above : — We
have now, frequently, at Quebec, since the
establishment, in 1840, of the Cunard line of
steamers, from Liverpool to Halifax and Bos-
ton, news from India, via the Mediterranean
and England, in less than two months ; from
England in sixteen to eighteen days, regu-
larly ; from Boston and New York in three,
the mail coming and going daily ; and, at the
hour of committing this to paper, (half-past
noon, 4th October, 1847,) we learn by the
electric telegraph just finished and in opera-
tion between Quebec and Montreal, that the
steamer Hibernia, from Liverpool, with the
english mail of the 19thult., arrived yester-
day, at 2, p. m., at Boston ; the information
reaching Montreal by the circuitous route of
Buffalo and Toronto, and which we might have,
* We find in the Quebec Gazette of 20th December, 1792, a notice
from the general post office, announcing for the first time a mail, once
every fortnight, between Montreal and the neighbouring States.
As to the foreign trade of the province, if we can so call that with
Britain, and her dependencies, at this time, some notion of it may be
formed, by the number of vessels from abroad visiting the port of
Quebec, which, in 1791, was as follows : — ninety vessels in all, of
which 36 were ships, 1 snow, 47 brigs, and 6 schooners. Quebec
Gazette, Mth Novr., 1791.
144
chap. as probably we shortly will, in one hour, when
1V- the line shall have been established direct from
^^ Montreal to Boston. Truly, in this respect,
times are changed since the close of the last
century, and for the better. Who can say that
before the close of the present, an overland trip
hence to the Columbia or California, and voyage
thence to the blooming isles and edens of the
Pacific, including Hawaii and its magnificent
Volcano, the mighty Mauna Loa, to which
Vesuvius, JEtn-a, Hecla, are said to be mole
hills, en route for Europe, via China and India,
to spend the winter in St. Petersburgh or
Paris, may not be fashionable, and of more
frequent and easy accomplishment, than is,
at the present time, a voyage to Naples or
Gibraltar, Madeira or Teneriffe ? — when the
whole may be done in fewer weeks, perad-
venture days, than it took Sir George Simpson
months, to perform his famous overland expe-
dition ; — and a tour of the globe, from Quebec,
by that route, looking at London and the lions,
on the way home, in spring, but an agreeable
excursion during winter, of four months at most,
including stoppages at Delhi, Tobolsk, Con-
stantinople, Vienna and Berlin !
145
CHAPTER V.
Opening of the parliament, by lord Dorchester, wh<
returned from England — departure for England of lieute-
nant governor Alured Clarke— address of the assembly to
his royal highness Prince Edward — citizens of Quebec and
Montreal address him on his departure — statement of the
public revenues - proceedings in parliament — Mr. de Lot-
biniere, speaker, vice Mr. Panel made judge — prorogation
— reopening of parliament — speech — public accounts of
the province laid before the assembly for the first time —
vote of j£5,000, sterling, annually, in future, towards
defraying administration of justice and support of the
civil government — first articles of agreement with Upper
Canada, relative to duties and drawbacks — money bills —
speaker of the assembly on presenting them addresses the
governor — speech at the prorogation — miscellaneous.
Chap.
THE provincial parliament met again at
Quebec, on the llth JNovember, 1793, and
was opened by lord Dorchester, who had
arrived at Quebec from England, on the 24th
September, in H, M. S. Severn, andreassumed
the government, his excellency major-general
Clarke, the lieutenant-governor, returning toj
England, bearing with him the best wishes of
the people whose constitution he had fairly
started and put in operation to their satisfaction.
His government had been popular, and he re-*
ceived several flattering addresses at departing.1^
Lord Dorchester's return was cordially wel- ^
corned, a general illumination taking place at
Quebec, the evening of his arrival. In his
N
146
chap, speech to the legislature, he stated, that the
v due administration of justice, together with the
1793 arrangements necessary for the defence and
safety of the province, were matters of such
high importance and so indispensably requisite,
that he was persuaded they would lose no time
in reassuming the consideration of them, and
in making such amendments to the existing
laws, as should afford the best security to
person and property.
In telling the assembly that he would order
to be laid before them an account of all the
receipts of the provincial revenues of the crown
since the division of Upper and Lower Canada,
he observed, that the general expenditure was
very great, but could not all be placed to the
provincial account. " Such parts of it," — said
his excellency, — " as more particularly belong
to that head, I am not at this time enabled to
bring forward ; I can only say it greatly exceeds
the provincial funds : yet, it is not, at present,
my intention to apply to you for aid ; that you
may have time to consider by what means the
provincial revenue may be rendered more
productive ; in hopes, nevertheless, that Great
Britain, in the mean while, will continue her
generous assistance to this colony, and defray
such surplus expenses as are absolutely neces-
sary to its prosperity.
" Gentlemen, — you will perceive that the
infant state of our constitution requires great
circumspection, in the foundation of such laws
as may tend to strengthen and establish it, and
147
I flatter myself you will deliberately and cor-char.
dially unite in the promotion of such measures J^
as are essential to the happiness and well-being 1793
of your country."
The address from the assembly, in answer to
this, was cordial and complimentary, : —
" Fully convinced of the happy effects to be'derived from
a solid and invariable administration of justice, and of the
indispensable necessity for an establishment for assuring ihe
defence and safety of the province, we will lose no time in
resuming the consideration of these important objects ; and
in making such amendments to the existing laws, as may
best protect the persons and property of its inhabitants.
" By receiving from your excellency an account of the
receipt of the provincial revenues of the crown, we shall
be enabled to deliberate on the means by which they may
be rendered more productive ; and penetrated with grati-
tude to the parent state for having hitherto defrayed the
surplus expenditure of the province, we flatter ourselves that
in consideration of our situation, we shall continue to
experience her generous assistance ; a hope further strength-
ened by your excellency's intention of not requiring from
us sny subsidy at present, which confirms the benevolence
of our mother country.
" In the infancy of our constitution we perceive the
necessity of the greater circumspection in the formation of
laws, that may tend to support and establish it ; and also to
cultivate amongst the different branches of the legislature,
that cordial harmony and concord., so necessary to promote
those measures essential to the happiness and well-being
of our country".
The assembly., immediately after its meeting,
unanimously voted an address to his royal high-
ness Prince Edward, in the following terms : —
" The representatives of the province of Lower Canada,
deeply impressed with the most lively sense of the ardent
zeal and indefatigable activity, which your royal highness
displays on all occasions, for the protection of their property,
148
Chap, ^e security of their persons, and the defence of their
V. country ; take the liberty respectfully to approach your
^-v«^ person, to offer you their thanks.
1793. "Sensibly affected at seeing the son of their sovereign,
discovering in the service which he has embraced, talents
worthy of the illustrious blood which flows in his veins ;
and manifesting the greatest desire of putting them in practice
with more effect against the attacks of the common enemy ;
they consider it their duty and owe it to justice to pay tribute
to such distinguished merit, by a public declaration of their
sentiments of respect and admiration.
" Accept therefore their most earnest wishes for the
preservation of your royal highness, and for your rapid
advancement in a profession to which you do honor."
To this address, presented by the house, on
the 15th November, to his royal highness, he
answered : —
k' Gentlemen, — Be pleased to accept of my warmest
thanks for the very flattering proof, which you have given
me of your attachment to my person, in presenting me your
address of this day. It is particularly gratifying to my
feelings, to find that my conduct has been such, as to merit
your good opinion, and to ensure me your esteem. I trust
you will not find me wanting in future endeavours to merit
a continuance of the sentiments from you, which you have
expressed in a manner so particularly obliging. I look
forward with anxious expectation to the moment, when, if
I am called upon, to the more immediate active service of
my country, I may prove to you, that, I shall ever exert
myself with redoubled zeal, when employed in a cause so
dear to me, as must ever be, the protection of your pro-
perty and persons, and the defence of your country. Once
more, gentlemen, allow me to assure you, that I shall ever
retain the most grateful sense, of the high honour conferred
on me this day, and must hope that you will remain per-
suaded that, while I must from duty ever feel the warmest
interest in your general welfare as a public body,— I shall
also consider myself as particularly fortunate whenever it
may be in my power to render service to any one of your
respectable body as individuals."
149
The Prince shortly after this,receiving notice chap
of his promotion to the rank of major-general,
and appointment to a command in the West
Indies, was presented, previous to his depar-
ture from Quebec, with several congratulatory
addresses of a most gratifying character. The
legislative council, the roman catholic clergy,
the citizens of Quebec, those of Montreal, and
the burgesses of William Henry, paid his royal
highness their respects in this manner, to whom
he responded feelingly and affectionately, for
the spontaneous proofs of esteem which, in
parting, they gave him, and which, in truth,
were not the effusions of adulation, but an
homage due by a grateful people to the intrinsic
virtues, unostentatious, social, and manly cha-
racter of a son of, as he truly was called, —
4< the best of sovereigns."
The judicature bill, of the previous session,
was taken up in the assembly, which, after
bestowing much attention on the subject,
brought it to maturity, as it also did the militia
bill ; which, repealing the ordinances on that
head, substituted in their stead provisions bet-
ter suited to the circumstances of the province.
An alien bill was also introduced and passed,
establishing " regulations respecting aliens and
certain subjects of his Majesty who have resid-
ed in France coming into this province and
residing therein, and for empowering his Ma-
jesty to secure and detain persons charged
with or suspected of high treason, and for the
arrest and commitment of all persons who may
150
chap, individually, by seditious practices, attempt to
^ disturb the government of this province.*
1794 The following message was transmitted to
the assembly, by the governor-in-chief, on the
29th April, 1794; interesting, from its being
the first financial statement laid before the
legislature of Lower Canada : —
" The governor has given directions for laying before the
house of assembly an account of the provincial revenue of
the crown from the commencement of the new constitution
to the 10th January 1794.
" First, the casual and territorial revenue as established
prior to the conquest, which his majesty has been most
graciously pleased to order to be applied towards defraying
the civil expenses of the province. This arises from various
rights appertaining to the crown, some of which are not
now productive. The governor doubts not but the house
will bring forward measures to relieve the subject by other
duties not objectionable, if raising the lods et ventes, droits
de quint) fyc. up to the legal standard would prove oppres-
sive to the people.
* It would seem by a proclamation of lord Dorchester, dated ai
Quebec, the 26th November, 1793, that there were emissaries from
France, or others in the province, busying themselves in propagating
in it the revolutionary principles of that country in those times. The
tions of the cause and conduct of the persons at present exercising
' the supreme authority in France, and particularly certain foreigners,
•being alien enemies, who are lurking and lie concealed in various
' parts of this province, acting in concert with persons in foreign
' dominions, with a view to forward the criminal purposes of surft
• persons, enemies of the peace and happiness of the inhabitants of this
< province, and of all religion, government and order," — His excel-
lency therefore, required all magistrates in and throughout the province,
captains of militia, peace officers, and others her Majesty's good sub-
jects, to be vigilant, and to do their utmost to discover and secure alt
and every person who might hold seditious discourses, or utter trea-
sonable words, spread false news, publish or distribute libellous papers,
written or printed, tending to excite discontent, or lessen the affec-
tions of his Majesty's subjects, or in any manner to disturb the peace
and happiness under his Majesty's government in this colony, &c.
151
"Secondly, — The duties payable to his majesty under ^
the act of the 14th year of his reign, chap. 88, on articles v.
imported into the province of Quebec, and on licences w-v^j
granted to persons lor retailing spirituous liquors. As soon 1794,
as the provinces of Upper Canada and Lower Canada shall
have passed laws laying the same or other duties to an
equal amount to those which are payable under this act, and
such laws shall have obtained the royal assent, the king's
ministers will be ready to propose to parliament a repeal of
the act abovementioned.
" Thirdly, — The duties imposed by the provincial legisla-
ture, with the appropriation and balance.
" Fourthly,— Amount of cash received, arising from fines
and forfeitures imposed by the courts of justice.
Fifthly,— The naval officer's returns inwards since the
division of the province, which were originally intended as
a check on the customs, but seem not to answer the end
proposed. The governor relies on the wisdom and loyalty
of the house, that while they select proper objects of luxury
for raising those aids, the public exigencies may require,
they will, at the same time, bring forward arrangements to
prevent all irregularities from creeping into the receipt of the
public revenue. The true measure of the burthen laid upon
the people by any tax or duty being the gross sum taken out
of the pocket of the subject on that account ; — this gross
sum should fully appear ; — the aid given thereby to the slate
is the balance which remains in the public coffers, after all
the expenses occasioned in the collection are paid. More
effectually to prevent any abuse from connecting itself with
the receipt, the governor recommends that no part of the
burthen be suffered to lie concealed under the name of fees,
perquisites, gratuities, &c., but that the whole of the monies
drawn from the subject be lodged in the public coffers, and
proper compensation for the collection be openly issued
therefrom, by warrant under the signature of the governor
or person administering the government. — That the house
may better judge the burthen laid on the people, and the aid
granted to the state, the governor has given directions that
the annual accounts of the provincial revenue of the crown
be accompanied by
Sixthly, — A statement of the monies taken out of the poc-
152
!(rjhap. ket of the subject on this account ; — its progress and dirni-
V. nution before it lodges in the public coffers, with the after
v^s~^ diminution on account of the collection, that every circum-
1794. stance of this important business may be constantly before
their eyes ;— that in the outset of the constitution and its
progress, they may guard this important branch from those
corruptions and abuses which have brought so many mise-
ries of other nations."*
* It is unnecessary to introduce here the whole of the details allud-
ed to in his excellency's message, but the following sketch may not
be amiss : —
The gross receipts, from the different sources constituting the
provincial revenue, from 26th December, 1791, to 24th December,
1792, as laid before the assembly, by order of lord Dorchester, were
as follows, viz : —
Casual and territorial
revenue,
£ 720
0
0 — leaving, after ex-
penses of collec-
tion and other de-
ductions, net
£ 712
16
0
Duties by act
14G,
3.
3771
9
7
Ditto,
3241
10
5
Licences by
do.
1013
8
0
Ditto,
1003
5
4
Gross stg. £5504 17 7 Net stg. £4957 11
And from 25th December, 1792, to 5th January. 1794. the fol-
lowing: —
Gross casual and territorial
revenue, - - £ 389 7 8£ - Net£ 385 9 10A
Duties of 14Geo. 3., 5692 38 - - 492619 6
Licenses by do. - 754 4 0 746 13 2
Duties by the legislature, 1613 6 1 1478 3 11
Fines and forfeitures, 174 3 6^ - - 172 N s|
Gross stg. £8623 5 0 Net stg. £7709 15 2
Such at this period, the outset of the constitution, was the revenue of
Lower Canada, (but it owed nothing) insufficient, by some thousands.
to defray the expenses of its civil government, stated generally at
"about twenty-five thousand pounds, annually," By the public accounts
laid before the assembly of Lower Canada in the session of 1835-6,
(the last, previous to the union, that were submitted to it.owing to the
repudiation of its functions by the body,) the gross amount of revenue,
for the year ended 10th October, 1835, was £205,910, currency, leav-
ing, after deducting all expenses of collection, incidents, drawbacks,
and £54,876 to Upper Canada, for its portion of the duties levied in the
Jower province, a net amount of £140,747, currency. The
153
The house, by an address, thanked his chap
excellency for the message and papers accom-
panying it, observing, that they saw in it an
additional proof of the paternal solicitude of
his Majesty to ease the burthen of his subjects,
and of his excellency's anxiety to promote the
interests of this province ; and that the magni-
tude and utility of the objects recommended to
their consideration, could not fail engaging
their serious attention, as soon as the impor-
tant matters now before them and in a state of
progression were accomplished ; but that the
very advanced period of the session hardly
afforded a hope that discussions and examina-
tions of such consequence in their nature, and
necessarily requiring much time and delibera-
tion, could be entered upon this session, with
any prospect of effect, and they therefore
anticipated the necessity of postponing them
to the next, when they would obtain their
earliest consideration.
During this session, Mr. Panet, the speaker
of the assembly, being appointed, by lord Dor-
chester, one of his Majesty's judges of the
court of common pleas, the house was inform-
ed (28th January,) of the circumstance, by
message from his excellency, who also stated
that, as Mr. Panet's duty as such, might cause
his absence occasionally to interfere with that of
of United Canada for the year 1846 was £512,993, currency,— saddled,
however, with a public debt, the annual interest whereof is stated in
the public accounts laid before parliament, at the late session (June.
1847.) at £145,244, and of course, on the increase.
154
chap, speaker, his excellency, that there might be no
v- delay to public business, gave leave to the
^^ house to proceed to the choice of another
speaker. The house chose, by an unanimous
vote,Chartier de Lotbiniere, esquire, its speaker,
and the governor confirmed the choice. The
appointment of Mr. Panet, however, did not
take place, that gentleman, whose residence
was in Quebec, prefering to relinquish the
appointment conferred upon him, to a transfer
of his domicile to Montreal, where his appoint-
ment would have obliged him to reside, and he
consequently retained his seat as a member of
the assembly to the end of the parliament.
The session was closed on the 3 1 st May, 1 794,
lord Dorchester giving the royal assent to five
bills, including those noticed above, (with the
exception of the judicature bill, which being re-
served for the royal pleasure, did not become law
until December following,) and one for appoint-
ing commissioners to treat with commissioners
on behalf of Upper Canada, relating to duties
or drawbacks to be allowed that province on
importations through the lower province.
The following was his excellency's speech
on proroguing the parliament: —
(t Gentlemen of the legislative council and gentlemen of
the house of assembly, — I have no doubt that on returnir.g
to your respective homes, you will zealously diffuse among
all ranks of people, those principles of justice, patriotism
and loyalty, which have distinguished your public labours
during this session ; and that you will use your best exer-
tions to find out and bring to justice, those evil disposed
persons, who, by inflammatory discourses, or the spreading of
seditious writings, endeavour to deceive the unwary and
155
disturb the peace awl good order of society ; — and that you chap.
will avail yourselves of every opportunity to convince your V.
fellow subjects that the blessings they enjoy under a truly ^<*~
tree and happy constitution, can be preserved only by a due 1795.
obedience to the laws, all breaches of which are the more
inexcusable, as the constitution itself has provided for the
safe and easy repeal or modification of such as may be
found not to answer the good intentions of the legislature.
" The success of his Majesty's arms in the West Indies,
is an event that on every account must afford you great
satisfaction, particularly as it holds out a prospect of the
most important commercial advantages to this province, as
well as to the rest of his Majesty's dominions."
From the close of this to the opening of the
following session, we find nothing in the occur-
rences of the time of any great interest.
His excellency lord Dorchester again met
the parliament on the 5th January, 1795, which
he opened with the speech following : —
" Gentlemen,— The attention manifested by you during
the last session of the legislature, to provide for the internal
tranquillity of the province, as well as for its protection
pgainst hostile attempts from without, leaves me no room to
doubt of your continuing the same laudable vigilance so long
as we may be threatened by war, or by a calamity more
dreadful than war, the present system of political hypocrisy
contrived to delude the multitude, and render them instru-
ments of their own misery and destruction.
" Gentlemen, — I shall order to be laid before you a state-
ment of the provincial revenue of the crown, for the last
year, together with such part of the expenditure as may
enable you to estimate the ways and means for the most
necessary supplies; in bringing forward of which you will
keep in view the advantages of providing for the public
exigencies, by a prudent restraint on luxury, and by regula-
tions which may, at the same time, encourage and extend
our commerce.
" Gentlemen,— The judges and law officers of the crown
have been directed to draw up and report their opinion on
156
the subject of your address to me of the 28th day of May
y v' last ;* and 1 have much satisfaction in perceiving this early
_^_ disposition on your part, to prevent and guard against
179.). abuses which might impede the course of justice, or give
rise to customs that would establish oppressive demands,
and gradually efface from our minds a due sense of their
unwarrantable origin.
" Your own disinterested conduct in your legislative capa-
city ; — your zealous endeavours to promote a general obe-
dience to the laws, connected with a benevolent attention to
the interests of the subject, — form a solid foundation for
government, and afford me great hopes that our new con-
stitution will be firmly established, and ensure, for ages to
come, the happiness of the people.."
The foresight, the rectitude, the wisdom, of
this most upright man and virtuous governor,
cannot fail to strike the reader and command
his admiration and respect.
The address in answer was an echo to this,
the assembly observing in conclusion : — " It is
highly flattering to us that our conduct in our
legislative capacity has met with your excel-
lency's approbation. Being thoroughly sensi-
ble of the happiness we enjoy under the free
and liberal constitution which has been grant-
ed us by the parent state, under your excel-
lency's prudent and wise administration, we
will continue to exert our most zealous endea-
vours to promote a general obedience to the
laws, and to establish that constitution in such
a manner as may ensure, for ages to come, the
happiness of the people." How fallacious are
* This related to the establishment of forms of proceeding in the
courts of justice and a table of fees, to which the different civil officers,
advocates, notaries and land surveyors should be entitled, in their res-
pective offices.
157
the prospects and the best hopes of men ! — chap.
Scarcely had that generation passed away, ^J^
when the constitution, so cherished, had lost 1795-
all its charms, was repudiated, and the demon
discord, which for want of a more appropriate
term we call civil, but of most uncivil aspect,
was abroad and stalking over the land, preparing
the horrors of intestine war,with fire and sword.
However expert, " dans les formes" their suc-
cessors may have grown by experience, they
were wanting " aufond" in the wisdom which,
at this period, guided the public counsels of
the men whose professions we are now scan-
ning, and which there is every reason to
believe were hearty and sincere. The politi-
cal mania that afterwards seized upon the
masses, and the corrupt doctrines springing
from it, preached by the new brood of politi-
cians, that some few parliaments after this,
succeeded those prudent and truly patriotic
men, were unknown to, and would have been
spurned by them.
On the 16th February, the governor sent
down the public accounts, now for the first time
laid before the assembly, with the message to
be found below.* The expenses of the civil
* " The governor has given directions for laying before the house of
assembly, the accounts of the provincial revenue of the crown, from
the 6th January, 1794, to 5th January, 1795, also of the civil expendi-
ture for the same period.
No. 1 . — Cash received for casual and territorial revenue, between 6th
January, 1794, and 5th January, 1795.
No. 2. — Ditto for duties and licenses under the act of the 14th of hit
Majesty, between ditto and ditto.
No. 3. — Ditto arising from fines imposed by the courts of justice,
between ditto and ditto.
158
<?hap. government of the province, for the year end-
ing the 5th January, 1795, it appears by these
were £ 19,985, and the estimate for the follow-
ing year was £ 19,993, sterling. The House
No. 4. — Ditto for duties under the act of the province, between ditto
and ditto.
No. 5. — An annual statement to shew the net remain of duty after the
expense of the collection, compared with what is taken out of the
pocket of the subject, with the progress of the diminution before
and after it gets into the public coffers, between ditto and ditto.
Nos. 6 & 7. — Accounts of part of the civil expenditure of last year,
and by which it will appear, that the expenses have exceeded
the revenues, in the sum of sixteen thousand one hundred and
twenty-two pounds twelve shillings and two pence three farthings.
No. 8. — Estimate of such part of the civil expenditure for the ensuing
year, as may enable the house of assembly to calculate the ways
and means for the most necessary supplies, all the pensions
amounting to one thousand seven hundred and eighty-two pounds
six shillings and seven-pence sterling, though chiefly granted for
services rendered to Canada, are deducted, these services being
considered as rendered to the empire at large ; it is from thence,
therefore, their reward with other acts of benevolence may be
expected to flow. The salaries of sundry officers to the amount
of seven hundred and eighty-two pounds ten shillings, appearing
to belong to the military rather than the civil expenditure are also
deducted.
The governor doubts not the readiness of the house to grant such
aids on account of this expenditure, as may be most easily raised by
imposts on articles of luxury without being injurious to commerce.
No. 9 to 20. — The governor has also directed to be laid before the
house of assembly, the accounts of duties received by the collector of
the customs, by virtue of several acts of parliament passed in the 25th
year of Charles 2d, chap. 7 ; 6th George 2d, chap. 13 ; 4th George 3d.
chap. 15 ; and 6th George 3d, chap. 52, for the years 1792, 1793, and
1794, which shew the several articles of commerce on which duties at
present are laid, the net proceeds whereof, amounting to six hundred
and eighty-eight pounds, one shilling and one penny farthing, per
[No. 21] annum, as per statement, are paid into the receipt of his
Majesty's exchequer in Great Britain, " to be there entered separate
" and apart from all other monies, to be reserved to be from time to
" time disposed of by parliament towards defraying the necessary
" expenses of defending, protecting and securing the british colonies
" and plantations in America." But supposing these as well as the
other revenues collected in the province had been, in the first instance,
appropriated to the defraying the expenses thereof, the expenditure
has still exceeded the receipts in the sum of fifteen thousand four hun-
dred and thirty-four pounds eleven shillings and one penny half penny
sterling."
159
went into committee of supply and ways and Chap.
means, with the view to provide the necessary v
funds, as far as the resources of the province ""J
would admit, and made provision accordingly.
After voting the reimbursement to the military
chest, of some .£638, advanced from it towards
defraying the salaries of the officers and
contingencies of the legislative council and
assembly, and for certain repairs to the build-
ing in which the assembly sat, (the Eveche, or
old roman catholic episcopal palace,) they voted
" that the sum of £5,000, sterling, be granted
" to his Majesty towards defraying the admi-
" nistration of justice and support of the civil
" government of this province, for each year,
" to count from the 5th of January, 1795, and
" in future."
The commissioners appointed under the act
of last session, to treat with commissioners on
behalf of Upper Canada, concerning duties and
drawbacks to be allowed in favor of that pro-
vince, reported that they had met and finally
adjusted with them the sum to be reimbursed
to Upper Canada, for the years 1793 and 1794.
They stated, that being, as well as those from
the other province, " authorised to enter into
an agreement for a further period, and being
equally desirous to treat on the subject, which,
if unprovided for, might give rise to difficulties
hereafter ; being, at the same time, most soli-
citous on both sides, to preserve the harmony
and cordiality which prevail between the two
provinces, the article in the provisional agree-
160
chap, nient for two years was cheerfully assented to ;
Y by that article the province of Upper Canada
^^ is entitled to one-eighth part of the revenue
already payable, or that may become payable
on goods, wares or merchandise coming into
Lower Canada, under an act of the legislature
thereof, and to assure the most perfect free-
dom of intercourse and trade with our sister
province, it is provided that no imposts or
duties shall be laid by Upper Canada, which
not only renders unnecessary the establishing
of custom-houses on the line which divides the
two provinces, but saves to both an expense
that, in all probability, would far exceed any
trifle of revenue that this agreement may take
from one or the other of the provinces more
than their absolute proportion."*
* " The commissioners having met and communicated to each other
their respective powers and authorities, and having taken into consi-
deration and maturely weighed certain statements of revenue raised
in the province of Lower Canada, in the years one thousand seven
hundred and ninety-three and one thousand seven hundred and ninety-
four, and certain statements of the exportation of part of the wines
into the province of Upper Canada, also the apparent population and
relative situation of those provinces respectively, have unanimously
agreed : —
I. That the province of Lower Canada, shall be and hereby is made
accountable to the province of Upper Canada, in full of all rights,
daims and demands which the said province of Upper Canada, may
have on the province of Lower Canada, by reason of the duties levied
upon wines, in the years one thousand seven hundred and ninety-three
and one thousand seven hundred and ninety-four, under an act of the
legislature of Lower Canada, passed in the thirty-third year of his
Majesty's reign, entituled " an act to establish a fund for paying the
salaries of the officers of the legislative council and assembly, and for
defraying the contingent expenses thereof," in the sum of three hun-
dred and thirty-three pounds four shillings and two pence currency ;
which said sum shall be paid into the hands of such person or persona
as may be appointed on the part of Upper Canada.
II. The legislature of Upper Canada, will not impose any duties
whatever on any goods, wares, or merchandise imported into Lower
161
Several important acts were passed this chap
session, among them two of revenue, for
defraying the charges of the administration of
justice and support of the civil government of
the province, and other purposes. The speaker,
Chartier De Lotbiniere, esquire, in presenting
those bills for the royal assent, according to
usage and the privileges of the commons, ad-
dressed his excellency : —
" In a pecuniary point of view, my lord, this supply can
be an object but of small amount to his Majesty ; but when
the slender abilities of our constituents are considered, and
that it is presented as a tribute of gratitude, for the happi-
ness which we enjoy under the fostering care and protec-
tion of the parent state, and the benign influence of that
constitution which has been accorded to us, upon a model
of perfect practical excellence ; it thence assumes an im-
portance, that we doubt not our most gracious sovereign,
Canada, and passing into Upper Canada, but will allow and admit the
legislature of Lower Canada, to impose and levy such reasonable du-
ties on such goods, wares and merchandise aforesaid as they may judge
expedient for the raising a revenue within the province of Lower
Canada.
III. That of such duties as the legislature of Lower Canada has
already imposed or may hereafter impose on goods, wares and mer-
chandise coming into the province of Lower Canada, the province of
Upper Canada, shall be entitled to receive annually, and to dispose of
one-eighth part of their net produce for the use and benefit of the said
province of Upper Canada, the other seven-eighths remaining for the
use of Lower Canada.
IV. That there shall annually, in the month of December, or as
eoon afterwards as possible, be furnished to the lieutenant governor or
person administering the government of the province of Upper Canada,
for the time being, duplicates of the accounts of all duties that now are
or hereafter may be imposed by the legislature of Lower Canada.
V. That this agreement is to continue and be in force until the last
day of December, which will be in the year of our lord one thousand
seven hundred and ninety-six, and no longer.
This done and concluded at Montreal, this eighteenth day of Feb-
ruary, one thousand seven hundred and ninety-five, having signed siz
copies of the same tenor and date."
o2
162
Chap. anc* tlie magnanimous and generous nation which he governs,
V. will measure only by our intentions.
>^^ " On such an occasion, my lord, I cannot but consider it
a very singular happiness to myself, that the first bills which,
by command of the assembly of Lower Canada, I have the
honor to present to your excellency, have passed with a
degree of zeal and unanimity, that evinces the warmest sen-
timents of attachment and duty to his Majesty, and esteem
and respect for your lordship's administration.
" If I omitted to represent a circumstance so creditable
to the assembly and to this province ; I should ill discharge
the trust which they reposed in me, and which your lord-
ship so graciously confirmed.
" In forming the first bill, the assembly were solicitous to
select such objects of revenue, as are calculated to bear the
least oppressively on the community : the greater number of
articles subjected to duties are acknowledged luxuries in
most countries ; and only one (salt)' is considered in any, as
of necessity ; that circumstance, however, is far more than
compensated, by its being an article so generally diffused,
that each individual will pay but a trifle ; by the certainty
of the collection of the impost thereon ; by the impractica-
bility of smuggling so bulky a commodity, and by the consi-
deration that it can still be furnished to the consumer, at a
price below that of almost any other country : hence it
became a very fair object of revenue.
" The other bill of supply, which I have the honor to
present to your excellency, is formed upon the principle of
combining revenue with regulation, in order to prevent abuses
in certain occupations, and to render them of utility to the
province.
" The bills, my lord, which I have in my hand are inti-
tuled, " an act for granting to his Majesty additional and
new duties on certain goods, wares and merchandises, and
for appropriating the same towards further defraying the
charges of the administration of justice and support of the
civil government within this province, and for other purposes
therein mentioned," and " an act for granting to his Ma-
jesty duties on licenses to hawkers, pedlars and petty chap-
men, and for regulating their trade ; and for granting addi-
tional duties on licenses to persons for keeping houses of
163
public entertainment, or for retailing wine, brandy, rum, or
any other spirituous liquors in this province, and for regu-
lating the same ; and for repealing the act or ordinance
therein mentioned ;" to which the assembly humbly be- 1795.
seeches your excellency to give the royal assent in his
Majesty's name.''
His excellency prorogued the legislature, on
the 7th May, much gratified, as may JDe seen in
the terms of his speech, at the result of the
session. The speeches of lord Dorchester,
being invariably short, and to the purpose,
the reader will not, in running over this,
think the time he may bestow in the perusal
lost :—
k< Gentlemen, — I cannot put an end to this session of our
provincial parliament, without expressing my approbation
and thanks for that zeal for the public welfare, which has
distinguished all your proceedings.
Gentlemen of the house of assembly, — The cheerfulness
with which you have granted a supply towards defraying
the civil expenditure of the province, gives me great satis-
faction, the judicious choice you have made of the means
for this purpose, evinces a tender regard for the interests
and condition of this country ; and the unanimity you have
manifested in this tribute of gratitude and attachment to the
king's government, cannot but be highly pleasing to his
Majesty.
" Gentlemen, — The assiduous and earnest attention to the
public good, which you have collectively exerted during the
course of a long session, renders it unnecessary for me to
recommend a continuance of the same laudable spirit in the
different parts of the country where your several private
avocations may now call you : you will there have the
opportunity individually to inculcate the advantages arising
from habits of order, industry and sobriety, which must evi-
dently tend, as well to the particular benefit of the people,
as to the general prosperity of the province."
164
chap. The gross amount of the revenues of the
Y- present year, that is to say, of the year ending
the 5th January, 1796, was .£11,141 6s. Id.,
currency, and the net amount remaining, after
all expenses of collection were paid, £ 10,425
18s., derived from the following sources, viz : —
Casual and territorial, - £ 441 13 4 gross, — net £ 434 4 1
Duties by 14Geo. 3, eh. 88, 250015 4 do. do. 2125 5 8
Licenses under do. 898 0 0 do. do. 882 16 6
Duties by prov. parliament,
under act 33d of H. M.. 113214 8 do. >, wwrii *
Do. act 35th of H. M., 6039 19 4 do. $ d0'
Fines, - - - 128 3 5 do. do. 126 0 1
£11141 6 1 £10425 18 0
The civil expenditure of the province for the
year 1795, was £24,71 1, currency, — including
£1205 2s. 10d., to Upper Canada, for its por-
tion of the duties levied in Lower Canada.
The salaries of the officers of the legislative
council and assembly, and contingent expenses
thereof, for the year 1795, amounted to £1565,
currency ; the fund to cover which, under the
act passed for the purpose (33d Geo. III.) as
seen above, realizing only £l 132.
165
CHAPTER VI.
Parliament meets — sketch of the speech — and of the address
in answer to it — new road-law bill — lods et ventes, droit
de quint, &c , and petition relating to them — bills passed
— one relating to the revenue reserved— prorogation —
Lord Dorchester embarks on leave of absence, for Eng-
land, in the Active frigate — wrecked on Anticosti —
succeeded by Mr. Pre>cott, as lieutenant governor —
general elections — members returned — meeting of the new
parliament — proceedings — lieutenant governor appointed
governor in chief — congratulated by the assembly on his
appointment— bills passed during the session — proroga-
tion — miscellaneous — trial and execution of McLane, for
high treason — financial statements.
These details will, to most readers, be chap,
heavy and uninteresting, but they are, never- J^
theless, essential to the proper understanding of 1795.
the subject we are upon. If they could.with pro-
priety, be seasoned with something more racy
than mere politics, the writer would take pleasure
in indulging his readers in as liberal a sprink-
ling of matter foreign to them, as the subject
could bear. But it is one, be it always remem-
bered, of facts — of history, if we may so dignify
it, and not of romance, and the gravity belong-
ing to it, must not be lost sight of. If now and
then we do deviate, the deviation will be but
momentary and little from the track, to which
we shall invariably keep an eye, returning to
it as soon as possible.
166
chap. Lord Dorchester again met his parliament
on the 20th November. After alluding to the
1795< deficiency in the late harvest in Europe, and
that in Canada, whereby he had found it neces-
sary to prohibit, till the 10th December, the
exportation of wheat and bread stuffs, he recom-
mended to their consideration whether any
thing further could be done to prevent the
distresses with which this failure might threaten
the poor.
His excellency, in informing the assembly
that he would order to be laid before them a
statement of the provincial revenue of the
crown, together with the annual expenditure,
observed, that " the simplifying of all the regu-
lations concerning the revenue, by such mode
as circumstances may render most expedient,
and the providing such prudent restraints as
may prevent its unauthorised diminution, are
matters highly deserving your most serious
consideration.
" Gentlemen of the legislative council, and
gentlemen of the assembly, — After pointing out
to you the advantages arising from a revenue
formed on judicious principles and vigilantly
guarded against abuse, I have nothing to recom-
mend more deserving your immediate attention
than a well-regulated militia : — this is the con-
stitutional guard to which the magistrate should
have recourse if, at any time, extraordinary aid
should be found necessary to enforce the laws,
or to maintain internal tranquillity : — this alone
can secure to you respect from without, and,
167
assisted by the regular troops, will afford effec- chap
tual defence against the open attempts of VL
external enemies." "
The address of the assembly to his excel-
lency corresponded with the speech : — " Im-
pressed"— said they — " with a sense of the
propriety of securing to Great Britain and her
dependencies, in the time of scarcity, all the
grain and other articles of sustenance which
this province can afford beyond its own con-
sumption, we cannot but highly approve of
your excellency's proclamation of the 18th
May last, laying a partial embargo for that pur-
pose : and we entertain the most grateful sense
of the paternal care and tender regard your
excellency has shewn for the welfare of his
Majesty's subjects in this province, by laying a
general embargo on all wheat, peas, oats,
barley, indian-corn, flour arid biscuit, in conse-
quence of the general failure of the crop in
Lower Canada, and we shall not fail to adopt
such further measures as the circumstances of
the province may require, to prevent the dis-
tressing consequences with which this failure
may threaten the poor." A bill for indemnify-
ing all persons who had been concerned in
advising and carrying into effect the embargo,
was accordingly passed, but no further mea-
sure of relief was found necessary.
The formation of a new system of road laws,
particularly occupied the attention of the legis-
lature this session, and a bill to that effect
was passed, which operated well during
168
(hap. many years ; and indeed, until recently, when,
V1- mutilated by innovations, inoperative and
impracticable in Lower Canada, what remains
of it in force, seems so imperfectly under-
stood by the country people, that it is become
comparatively, in many places throughout
the province, a dead letter. The assembly
also earnestly occupied itself, going fre-
quently into committee of the whole on the
subject, with that part of the governor's
message to the house, of the 29th April, 1794,
concerning the casual and territorial revenue,
and the raising of lods et ventes, quints, &,c.,
due to the crown, but without coming to any
final determination on the matter.
While it was under discussion, a petition
from divers inhabitants of Quebec, was laid
before the house, which, as the subject is still
unredressed, and a grievance to its 'citizens,
after the lapse of fifty years, deserves a passing
notice. They represented, —
" That when this country was surrendered to the arms of
his britannic majesty, whereby he became vested with all
the feudal rights of the most Christian king, the city of
Quebec, and particularly the lower town, was a heap of
ruins. That his Majesty's loyal subjects, old and new,
have, since that period, been at great expense in repairing
the ravages of war, by rebuilding the city, and in making
valuable and extensive additions thereto ; in wharves, stores
and other buildings, especially towards the river, in so much
that the value of his majesty's censive, in the city of Quebec,
by the enterprising industry of his loyal subjects, is aug-
mented beyond calculation. — That, however burthensome
the feudal rights may in general be considered throughout
this province, their operation as a tax upon industry and
improvement, is more particularly felt in the towns and
169
villages, where the buildings, erected at the expense of the
inhabitants, may be said to constitute the whole value ; and VI.
where a lot of ground, originally worth nothing, may be v^-v^
improved to an immense amount; and that this is the case, 1796.
in innumerable instances in the city of Quebec, is a fact
well known to every individual in the provincial par-
liament.
" The petitioners humbly beg leave further to state, that
his Majesty's claim to lods et ventes, on the various aliena-
tions that took place in this city, having been suffered to lay
dormant for upwards of twenty-five years after the conquest,
and having never yet been enforced ; the petitioners, as well
as their predecessors, were led to indulge a hope that it
would never be revived: and under these circumstances,
many of the petitioners, as well as their predecessors, ac-
quired considerable property by purchase, in his Majesty's
censive, at its full value, without adverting to the payment
of lods et ventes, or calculating upon that claim in making
their purchases.
" That many of the petitioners are men in trade, whose
real property has undergone so many mutations since the
conquest, that if the lods et ventes on each alienation, were
to be rigorously exacted, it would be productive of ruin to
them, and involve their creditors in the loss.
" The petitioners, therefore, humbly pray, that all the
lods et ventes due to his Majesty, in the city and suburbs of
Quebec, may be graciously remitted, and that the same
may be commuted in future into an annual ground rent,
proportionate, in some degree, to the situation and value of
their respective lots at the time of the conquest, having
regard to their superficial extent."*
. *
v>id
I
* This, it is to be observed, relates only to such parts of Quebec,
d its suburbs, as are within the domain of the crown. The semi-
T> the fabrique, the nunneries, or religious communities of ladies,
also, as well as the crown, respectively proprietors (in mortmain.)
of different portions of ground held by them en fief in the city, and
which being subdivided into lots and built upon by the cewsitaires, pay
a small annual ground-rent, as an acknowledgment to the institution
within whose censive,ov seigniorial precincts, the ground is situate, be-
sides lods et ventes equal to a twelfth of the purchase money, upon
every sale of the ground, including the buildings and improvements
upon it, in addition to the purchase money. — These rights, appertain-
170
hmp. Twelve bills received the royal assent this
VL session. — One, a bill repealing certain acts
7i>r granting duties to his Majesty, ( including those
of the imperial act of the 1 4th Geo. III., ch. 88.)
arid granting new and additional duties, in lieu
of the same, for defraying the expenses of
the administration of justice and civil govern-
ment, was reserved for the royal pleasure.
Among those passed was an act for regu-
lating the trade with the United States.—
Another for appointing commissioners to treat
with Upper Canada concerning the proportion
of duties and drawbacks to be allowed it by
Lower Canada, and a third making further
improvements to the militia acts of last
session.
His excellency prorogued the session on the
7th of May. " It had afforded him great satis-
faction,"— he said — " to observe, during the
present session, a continuance of the same zea-
lous attention to their legislative duties, and to
the general interests of the province," which
he had occasion to notice in their former pro-
ceedings.
" Gentlemen of the house of assembly, —
ing to them by law, cannot be extinguished without an equivalent,
and their own free consent, which, by a recent act of the legislature,
these communities, holding in mortmain, are, in common with the
seigneurs, now competent to. The act has, hitherto, worked slowly ;
the institutions alluded to being, it would seem, reluctant to accept of
compensation and commute. The consequence of this is, that im-
provements are retarded, and a compulsory process of commutation
of tenure looked forward to as the means of disencumbering property
of this vassalage, detrimental to industry and trade, and which pro-
bably the legislature, in its wisdom, will authorise.
171
The measures adopted by you for consolidate chap,
ing and improving the provincial revenue of A
the crown, and for guarding it from all abuse,
evince that you justly consider his Majesty's
interests and those of his subjects as insepara-
ble, and cannot fail of producing the most
beneficial effects.
" Gentlemen of the legislative council, and
gentlemen of the house of assembly, — In
expressing my approbation of your proceed-
ings, I must further observe that the unanimity,
loyalty, and disinterestedness manifested by
this first provincial parliament of Lower
Canada, have never been surpassed in any of
his Majesty's provincial dominions, and I feel
convinced that the prosperity and happiness of
of this country will continue to increase in
proportion as succeeding parliaments shall
follow your laudable example,"
The pith as well as brevity of lord Dorches-
ter's speeches will not have escaped the reader.
Thus ended the first provincial parliament of
Lower Canada, and as auspiciously as could be
desired. Agitators, and emissaries, as it was
believed, from France, had been sufficiently
busy in various quarters of the province, since
the french revolution, to draw the attention of the
executive government, and cause it to issue a pro-
clamation on the subject as previously noticed;
but the Canadians were in general well disposed,
and instructed by the clergy, and others resid-/
ing among them perusing the public jour/
nals, of the recent atrocities in France, they!
172
chap. justly held them in detestation and horror.
J^s Some discontent prevailed among the rural
7?%! population, on account of the road act, which
had made essential innovations for the better,
upon the preceding road laws, but which the
inhabitants being accustomed to, were averse
to see altered, and in some quarters distur-
bances in consequence took place. They were,
however, but momentary, and only local.—
The advantages of the new laws soon be-
came apparent, and as the people grew
familiar with their operation, the opposi-
tion ceased. This spirit of resistance to the new
road act was interpreted by some into disloy-
alty and disaffection in the people towards
the government, but it really was not of that
character nor at all concerned their allegiance,
borne examples, however, were made on con-
viction, both in Montreal and Quebec, for riots
in opposing the act, and for seditious language,
by short imprisonments and small fines ; and
three or four bills of indictment for high trea-
son (constructive treasons, it is to be supposed,
in opposing the laws,) were even found, but
do not appear to have been prosecuted to ver-
dict, being probably relinquished by the law-
officers of the crown, who, at this time, must
have found their account in the numerous
criminal prosecutions in the courts, to which
the road act gave rise, and for which, as
in similar cases, thence until a very recent
date, those officials were prodigally paid from
the public treasury, as in fact some of the same
173
fraternity, and in a spirit of corruption it is to chap.
be feared, still are.*
Lord Dorchester having again obtained his 1796
Majesty's leave of absence, embarked with his
family at Quebec, the 9th July, 1796, in the f
Active frigate, for England, leaving general
R. Prescott, in charge of the government, who
notified his assumption of it, by proclamation,
of the twelfth of the same month. His lord-
ship, who had been known and venerated in
Canada as Sir Guy Carleton, by all classes,
received from the citizens of Quebec and
Montreal, on this his final departure from the
province, the warmest testimonials of respect
it was in their power to express, and no less
sincere, there is every reason to believe, than
ardent.
" Having experienced for many years your lordship's
mild and auspicious administration of his Majesty's govern-
ment, and being conscious that, during that period, the
resources, prosperity and happiness of this province have
increased in a degree almost unequalled, we, the inhabitants
of the city of Quebec, respectfully request your lordship, to
accept our sincere and most grateful thanks and acknow-
ledgments,
" The length of your residence in the province, the advan-
tages derived to our society from the example of private
virtues, shown by yourself and your family, —your lordship's
* The attorney general and solicitor general had seats then as now
in the assembly, and with such members of it as were also executive
councillors, represented the government. — Jonathan Sewell, esquire,
(afterwards chief justice,) filled the former office, to which he had, in
the, month of May last, been promoted from the solicitor generalship ;
Louis Charles Foucher, esquire, (subsequently promoted to the
bench,) succeeding him as solicitor general, and at the same time as
inspector general of the king's domain, these two oifices being then in
the same hands, but since disjoined.
174
Chap, uniform, prudent, and paternal attention, under every change
VI. of time and circumstance, to the true interests of his Majes-
^.^ ty's subjects entrusted to your immediate care,— and that
1796. gratitude which we feel (and must be permitted to repeat,)
excite in our minds, the warmest sentiments of personal
attachment, of which allow us to tender you the strongest
assurances.
" Under these impressions, we view your lordship's
intended departure, with the deepest regret ; and submitting
to your determination to leave us with unfeigned reluctance,
we entreat you to accept our most sincere wishes for your
favourable passage to Great Britain, — for the future prospe-
rity of yourself and of all your family.
u We request your lordship, most humbly and respect-
fully to assure our sovereign, of our faithful loyalty and
attachment to his sacred person, and to offer our gratitude,
for the various blessings which we continue to enjoy under
that most excellent constitution of government, which we
have received from his Majesty and his parliament, during
your lordship's administration.
" It is our fervent prayer, that your lordship may conti-
nue for many years, to receive new and additional proofs of
the royal approbation, to which, from your virtues and your
merit, you hitherto have been, and must ever remain, most
justly and eminently entitled."
That of Montreal was equally fervent :—
" The inhabitants of Montreal, penetrated with gratitude
for the happiness enjoyed by them, under your lordship's
administration of the government of this province, during
a great number of years, embrace the present opportunity of
your intended departure for Great Britain, to entreat you to
receive their humble acknowledgments, and accept their
most sincere wishes for a favorable passage, for your health
and prosperity, and for that of all your family.
" The prudence and moderation which distinguished your
conduct in this province, assured internal peace and tran-
quillity ; — and in reflecting infinite honor on your lordshjp,
have tully justified the confidence reposed in you by our
august sovereign, and secured to you the affections of the
inhabitants.
175
" We beseech your lordship, to carry our most ardent chap,
vows to the foot of the throne, for the happiness of our gra- IV.
cious monarch, — to assure him of our attachment to his **~*~
sacred person, and to the happy government under which it 1796.
is our glory to live ; and we fervently pray that his Ma-
jesty's approbation may continue to distinguish and reward
your virtues and your merit.''
His lordship returned to both addresses the
following answer : —
* " Gentlemen, — -I am much obliged by this testimony of
your regard for me and my family. It is unnecessary for me
to assure you, that your welfare, and the general prosperity
and happiness of the province, in which I have passed so
great a part of my life, will ever interest me in the most
sensible manner.
" I shall, with the utmost pleasure, embrace every occa-
sion of representing to his Majesty the loyalty of his subjects
in Lower Canada, and their attachment, to his person and
government.
" Your veneration for a monarch who may justly be
styled the father of his people, is a proof that you hold in
proper estimation the excellent constitution he has given to
this country, and which, I have no doubt, will rapidly
advance it to be of the first importance among the british
provinces."
The Active was wrecked on Anticosti, on
her way home, but without any loss of life, or
other serious inconvenience than the detention
occasioned to the governor and his family by
the accident, who crossed over to Perce,
near the bay of Gaspe, to await a conveyance
for England, which soon was provided for
them. His lordship arrived at Portsmouth, the
19th of September, in H. M. S. Dover, from
Halifax. Writs for the general election had
issued previous to his excellency's departure,
tested the third of June, and the elections
176
chap, accordingly took place in the course of that
VL and the ensuing month.
The communications by mail had improved
considerably since the period at which we
noticed them. An advertisement from the post
office, dated " Quebec, 18th January, 1797,"
informs the public that a " weekly" convey-
ance by post, has lately been established
between Montreal and Burlington, in the state
of Vermont. A similar advertisement, of the
following day, gives notice that " a mail for the
upper countries, comprehending Niagara and
Detroit, will be closed at this office, on Mon-
day 30th instant, at 4 o'clock in the evening,
to be forwarded from Montreal by the annual
winter express, on Thursday, 3d February
next." These may give an idea of the inter-
course at that time, particularly during winter,
between the two Canadas. Unfrequent as were
still the communications between those pro-
vinces, and thence to Britain through the
neighbouring states, they had vastly increased,
and to a degree which several then may have
thought required no further extension,* nor
would they, if the country were to have remained
stationary ; — but every thing was in rapid pro-
gress of development — the resources of the
country were beginning to be understood at
home/ and the capital and energies of the
* We have by the arrival to-day of theenglish mail via Boston, per
Cambria steamer, which left Liverpool the 5th instant, dates from
Lahore to the 12th, from Delhi and Meerut to the 18th, Calcutta to
the 20th, Madras to the 24th, and Bombay to 31st August, and from
China.(Canton and Hong Kong) to 25th July ! — Quebec. 22dOct. 1847.
177
British race to act upon them,— and nothing chap,
that could, in the way of trade, be turned to J
account escaped attention, nor was allowed to 1797.
stand still. The intercourse with New York,
since the establishment of the fortnight mail
between Montreal and Burlington, had corres-
pondingly improved, — the Quebec Gazette of
8th March, stating that " by this day's Burling-
ton mail we have received New York papers
of the 16th ult — they contain european intelli-
gence to the I5ih December, inclusive." The
mail between Quebec and Montreal at this
time was weekly, the journey up taking nearly
three days, and downwards the same time. The
steamers which now, (1847) during the summer
months, convey passengers and the mails, in
one night from city to city, were not as yet
dreamt of, nor perhaps contemplated as a
thing within the art and power of man ever to
accomplish.
The new parliament met on the 24th January,
1797.* Mr. Panet being again chosen speaker
* The assembly consisted of the following members, returned at
the late general election : —
Gaspe, Edward O'Hara; Cornwallis, Pascal Sirois and Alexander
Menut; Devon, N. Dorionand F. Bernier ; Hertford, L.Duniere,fils.
and F. Tetu, Not. ; Dorchester, Charles Begin and Alex. Dumas ;
Buckinghamshire, John Craigie and G. W. Allsopp ; Richelieu, B.
Cherrier and Charles Millette ; Borough of William Henry, Jonathan
Sewell ; Bedford, Nathaniel Coffin ; Surry, P. Derocheblave and
O. Durocher ; Kent, A. Menard Lafontaine and J. Vige ; Hunting-
don, J. Peririault and Jos. Perrault ; York, H. Lacroix and Jos. He-
tier. Montreal — East Ward, A. Auldjo and L. C. Foucher ; West
Ward, Joseph Papineau and D. Viger; County of Montreal, J. M.
Ducharme and PI Guy; Effingham, J. Jordan and C. B. Bouc ;
Leinster, Joseph Viger and Bonav. Panet ; Warwick, J. Cuthbert and
G. de Lanaudiere; Borough of Three Rivers, J. Lees and P. A. De
Boane; County of St. Maurice, T. Coffin and N. Montour; Hamp-
178
chap, and the choice confirmed by the lieutenant
VL governor, his excellency delivered his speech,
1797 in which he slightly descanted upon the recent
treaty of amity, commerce and navigation,
between his Majesty and the United States,
as favorable to this province. He observed that,
" from the flourishing state of our commerce,
amidst the hazards and obstructions of war,
well founded hopes might be entertained of
the future prosperity of the colony, when the
blessings of peace shall be restored.
" Gentlemen of the legislative council, and
gentlemen of the house of assembly, — As we
may confidently trust to the care and vigilance
of our mother country and the superiority of
the british navy for our external protection, so
it becomes our duty and interest to guard
against treacherous attempts to disturb our
internal tranquillity.
" You are not unapprised that, in addition
to the customary mode of warfare, the emissa-
ries of France have been dispersed in every
quarter, and by holding out delusive prospects
to the people, they have endeavoured to dis-
turb the quiet of all settled governments.
" Attempts of this nature having recently
been made in this province,* it is incumbent on
fchire, Joseph Plants and Francis Huot. Quebec — Upper Town, J.
A. Panel and Wm. Grant ; Lower Town, J. Young and A. J. Raby ;
County, John Black and Louis Paquet ; Northumberland, P. Bedard
and James Fisher; Orleans, Jerome Martineau. Of the fifty names.
if it is of any importance to distinguish them, thirty-six denote a
french, and fourteen a british or irish origin.
* These, however, appear by the evidence on the trial of McLane,
noticed presently, and by all that has since transpired, to have been
179
me to direct your attention to the salutary chap
effects already produced by the alien bill, and
as its duration is limited to a period which will
soon expire, to recommend to your consi-
deration the expediency of prolonging its
continuance."
The address perfectly responded to the
speech : — " With the utmost confidence" —
said they — " we trust in the vigilance of our
mother country and in the superiority of her
navy, for our external defence ; and as it is our
inclination as well as our duty, to co-operate
with your excellency, in whatever may be
necessary to frustrate the treacherous attempts
of the emissaries of France, to disturb our
internal tranquillity, we will immediately pro-
ceed to the consideration of the alien bill," —
which they accordingly took up without delay,
and gave to the executive powers as ample as
could be desired.
The assembly also strengthened the execu-
tive by a temporary act " for the better pre-
servation of his Majesty's government, as by
law happily established in this province,"
limiting its duration to the month of May,
1798, as it gave extraordinary powers to
the executive, the abuse of which might be
rendered exceedingly oppressive, to any sub-
ject becoming obnoxious to it, or incurring its
displeasure.*
much overrated, probably by the ultra loyal of the day, \vh<5 may
Lave found their account in speculating on reports of this nature.
* This act empowered the executive to apprehend and commit,
during pleasure, any person accused or suspected of treasonable prac-
180
chap. In the course of the proceedings in this ses-
VL sion, there was a proposition by Mr. Grant,
^^ " to resolve that, for the instruction of youth
in the higher branches of knowledge, it is
necessary that an university, upon liberal prin-
ciples, be founded and established in this pro-
vince, as soon as circumstances shall permit."
— This was lost by a majority of fifteen, on
moving " the previous question," and was thus
disposed of without an absolute negative on the
merits of the proposition itself.
An address was sent to his excellency,
tices, without trial, without bail, or mainprise, and without the right
of being confronted with his accuser, or even of knowing who he was,
or of being entitled to a knowledge of the contents of the deposition or
matter sworn to, in virtue whereof the accused was in custody. It, in
i'act, suspended the habeas corpus writ with respect to those falling
under its operation i. e. the displeasure of the executive, and finally
became so odious, in consequence of the arbitrary imprisonments in
{ 1810, that the assembly refused to renew it, and although the war
I with the United States immediately followed, the want of it was never
felt by the government, which there is every reason to believe was
more cheerfully supported in the struggle without, than it would have
been with so formidable an engine of despotism in its hands, as the
act alluded to, " for the better preservation of his Majesty's govern-
ment, as by law happily established in this province," and which,
not to misrepresent it, is, in part, here submitted to the reader's inspec-
tion : —
" Whereas it is necessary to defend and secure his Majesty's good
and loyal subjects, against any traiterous attempt that may be formed
for subverting the existing laws and constitution of this province of
Lower Canada, and for introducing the horrible system of anarchy
and confusion, which has so fatally prevailed in France ; therefore,
and for the better preservation of his Majesty's government, and for
securing the peace, the constitution, laws and liberties of the said pro-
vince,— Be it enacted, &c. , and it is hereby enacted, that every person
or persons who are, or shall be in prison within the province of Lower
Canada, at or upon the day on which this act shall receive his Majes-
ty's royal assent, or after, by warrant of his Majesty's executive
council of and for this province, signed by three of the said executive
council, for hJerh treason, misprision of high treason, suspicion of
high treason, or treasonable practices, may be detained in safe custody
without bail or mainprise, and shall not be bailed without a warrant
for that purpose, from his Majesty's executive council, signed by
three of the executive council."
181
acquainting him that the assembly being con-chap
vinced of the inconveniences and defects of the A
places in which the courts of justice were 1797
held in the cities of Quebec, Montreal and
county of Gaspe, had come to the resolution of
praying his excellency would be pleased to
give directions that a report be made him of
the places best adapted for erecting public
buildings or halls for the sittings of the courts
in those places, with plans and estimates of
the expenses of such buildings, that the same
may be laid before the house early in the next
session, whereby it might be enabled to take
into consideration an object so essential to the
dignity of the administration of justice, and to
the lives and property of his Majesty's subjects.
The lieutenant governor, during the session,
received the appointment of governor general,
and on the 28th of April, it was by the assem-
bly resolved, nem con, that an address be pre-
sented to his excellency the governor general
expressive of the satisfaction of this house, in
having an opportunity, before the end of the
session, of congratulating his excellency on his
advancement as governor general of the pro-
vinces of Upper and Lower Canada, and to
express the gratitude they feel for the paternal
attention of our august sovereign, who, in
rewarding his excellency's distinguished merit,
confirms his loyal Canadian subjects in the
continuation of the happy constitution under
which they live, the preservation whereof
depends upon their co-operating with the wise
182
'!,„},. measures and prudent exertions, of which his
YL excellency has already given such effectual
^ proofs, towards maintaining the tranquillity of
the province, and an address to that effect was
accordingly presented him, the speaker and
whole house attending on the occasion.
But six bills are to be found as the result of
this session, on the statute book, including the
two (the alien, and the preservation of govern-
ment bills,) previously noticed. They were,
howrever, all measures of importance ; — one
continued the act regulating the trade with the
neighbouring states — another ratified certain
provisional articles of agreement with Upper
Canada, relative to duties, entered into by com-
missioners named for that purpose, — a third,
made more effectual provision than heretofore
for the pilotage in the St. Lawrence, between
Quebec and the Island of Bic, — and finally, an
act continuing a temporary act relating to
returning officers at elections. Sanctioning
these, his excellency dismissed, on the 2d May,
the representatives in the following commenda-
tory terms: —
" The bills that have now received the royal assent," —
said his excellency, — " afford the strongest evidence of
your attention to the safety and welfare of the province. —
Among others, the act for the better preservation of his
Majesty's government connot fail to meet the particular
approbation of our gracious sovereign : as it is a demonstra-
tion not only of your attachment to the constitution under
which you live, but also that you are sensible how neces-
sary it is, in a time of peculiar danger, to vest additional
powers in the hands of the executive government.
" It would give me the greatest pleasure could I acquaint
183
you that his Majesty's earnest endeavours to negociate a C}
general peace had met with success ; but whenever the VI.
miseries of war shall terminate, whether they shall speedily *^-^
cease, or be wantonly protracted by our enemies, still the 1797.
disinterested offer of our sovereign to procure restitution to
his allies by a sacrifice of his conquests, will not fail to be
recorded to future ages ; it will stand as a proof of the
generosity of his Majesty's councils and of the high station
held by Great Britain among the powers of Europe.
" I have the happiness to inform you, that the unpro-
voked aggression of the court of Spain, in declaring war
against our gracious sovereign, has been effectually checked
in the outset by a signal victory gained by his Majesty's
navy off cape St. Vincent, in which a british squadron
attacked the fleet of Spain, and captured several ships of the
line, although the enemy were nearly double in number.
" After having faithfully discharged your public duties,
with respect to such objects as required immediate attention,
it will doubtless affori you great satisfaction to be enabled
to assure your neighbours and constituents on your return
among them, that the naval power of our mother country
still retains its superiority, and that the british standard is
displayed in every quarter of the globe, to protect the pro-
perty and encourage the industry of all the faithful subjects
of the british empire."
David McLane, an american citizen, repre-
senting himself on his trial, as a bankrupt trader,
formerly of Providence, Rhode Island, being
apprehended in the month of May, at Quebec,
on a charge of high treason, was soon after
brought to trial and convicted. His project
was great — no less than the total extirpation of
the british power from the continent of America,
beginning with Quebec, which he intended to
take by surprise. This he purposed, accord-
ing to the evidence at his trial, to effect by
obtaining, in the first place, the confidence of
men of influence in Canada, and through them,
184
. the co-operation of the Canadians. He was to put
^himself at the head of a party of engages from
1797>the neighbouring states, (who, as he informed
those to whom he had broached the subject,
were already retained, and by small bodies, as
raftsmen, to rendezvous and be in readiness
near Quebec,) and to make, on a day fixed, a
sudden rush with his men, armed with wooden
pikes eight feet long headed with a spear of iron
upon the garrison, which he had no doubt of
carrying. He spoke also of a previous distri-
bution of liquors mixed with laudanum among
the troops, to keep them quiet while accom-
plishing his purpose, but when or how these
were to be administered doef,not appear. He
represented himself as a general in the french
service, and acting under the immediate direc-
tions of Mr. Adet, the french minister or charge
d'affaires in the United States. He had, it
seems, visited Canada the previous year, on a
tour of information, but to little or no purpose,
acquiring no partisans or friends of the least
consideration or influence in the country, or
that could, in the smallest degree, promote the
humblest of his projects. On his return the
present year, in coming in from the States by
the way of Si. John's, he hired a habitant of
that neighbourhood by the name of Charles
Frichette, whom he induced to accompany
him to Quebec, making him at the same time a
confidant, and opening to him his schemes. —
Applying to a person at Quebec, not disposed
to participate in his schemes, he was given up
185
by him to justice, tried, and on the 21st July,chaP.
executed as a traitor, with all the revolting J
accompaniments, on the glacis outside the wall 17P7>
of Quebec, near St. John's gate. Frichette,
who was an illiterate man, and of no import-
ance, was also soon afterwards tried and con-
victed of misprision of treason, in having a
knowledge of the designs of McLane, and con-
cealing them. He was sentenced to imprison-
ment for life, but not long confined, bein<;
pardoned and set at large shortly after trial.
This, from the conquest to that time, is the
only instance in Canada, of a trial and convic-
tion for high treason, and it, be it also observed,
not of a british subject. It is creditable to the
Canadian character that, with the single excep-
tion mentioned, none were concerned with
McLane, the very absurdity of whose whole
scheme denoted him a mono maniac, and
who, had not the government deemed an
example necessary, in the agitation of the times,
might with more propriety have been treated
as an unhappy lunatic than as a criminal. A
stranger, friendless and unknown, he was
altogether powerless, and now that time has
dispelled the mist of prejudice against him at
the moment, and that we can coolly survey the
whole matter from first to last, there seems
more of cruelty than of justice in the example
made of this unfortunate person, who suffered';
rather for the instruction of the people, uneasy
under the road act, than for any guilt in a plan >
perfectly impracticable and preposterous.
Q 2
186
chap. The revenues for the last year, (1796)
VI according to the public accounts, were as
1-~v^ c ii
1797. lOllOWS I —
First.— Casual and territorial, Cry. £1249 12 4
2. — Duties and licenses, under 14
Geo. HI.,- - - 7524 14 2
3.— Duties on wine, under 33
Geo. III., 1452 11 2
4.— Duties and licences, under 35
Geo. III., 8565 7 8
5.— Fines, - 182 16 8
£18975 2 0
The payments for the civil expenses of the
province for the same year, ending 5th Janu-
ary, 1797, amounted to £25,380, currency,
including £1040 to Upper Canada, for its pro-
portion of the duties levied under those Acts.
To this are to be added the expenses of the
Legislature, amounting to £1845 — exceeding,
by £392 10s., the funds appropriated by the
above act (33. Geo. III.) to their discharge.
The commission to the collector and comp-
troller on the amount of duties collected in the
years 1795 and 1796, was £498, currency.
187
CHAPTER VII.
Meeting of parliament — speech — address in answer — bills
passed— none of any importance — prorogation — no events
of any interest during the recess — parliament meets —
topics of the speech — address— message from the gover-
nor relating to the erection of court houses — bill for mak-
ing provision on the subject — prorogation of the legisla-
ture— state of the province— retrospective view of its,
progress since the conquest — executive council — judges
and certain other public functionaries, and their salaries —
civil expenditure —finances — general Prescott succeeded
by lieutenant governor Robert Shore Milnes, esquire.
THE legislature opened on the 28th Feb- chap.
ruary. The governor, after descanting upon VIL
the ineffectual attempts that recently had
made by his Majesty, to procure a peace with
the government of France, observed that —
" The accession of territory subdued by the british arms,
and the superiority of the british navy, successively expe-
rienced by our enemies when they have sailed forth upon
the ocean, and recently confirmed by the splendid and
effectual victory gained by his Majesty's fleet under the
command of admiral Lord Duncan, might have justified
pretensions of a much more tenacious nature than those
contained in the proposals made with such unexampled
candour and liberality on behalf of his Majesty — but the
king's public declaration, solemnly renewed before the
whole world, of his readiness, amid the exultations of vic-
tory, to conclude a peace upon the same equitable terms
he had previously offered, leaves his enemies without a pre-
text.— It affords a most convincing proof of the stability of
his Majesty's councils, and of his paternal solicitude for the
welfare of the people, that the constancy of his measures is
188
Chan. not regulated by the success of the moment, and that he is
VII. willing to relinquish the triumph of victory, that his sub-
x-^*-^ jects may enjoy the blessings of tranquillity.
1798. " I shall order the accounts of the provincial revenue of
the crown and of the expenditure of the last year to be laid
before you. — 1 shall also cause to be communicated to you,
an act of the provincial legislature of Upper Canada, by
which it appears that some further arrangements may be
necessary for settling the duties and drawbacks on articles
passing between the two provinces ; — in framing the neces-
sary regulations, I doubt not but you will bear in mind, that
the interest of the sister provinces are so intimately blended,
that the most liberal intercourse will be most conducive to
their mutual advantage.
" Gentlemen of the legislative council, and gentlemen of
(he house of assembly, — The unremitting spirit of animosity
against the king, his subjects and government, that is openly
avowed by the present ruling powers in France, calls upon
you, in the most forcible manner, not to relax your vigilance
against their insidious attempts to disturb the tranquillity of
this province. The beneficial exercise of the powers vest-
ed, for a period now about to expire, in the executive
government, having already been experienced, it will natu-
rally lead you to consider whether it is not still necessary
that the remedy should continue to be prompt while the
danger is imminent. — In the discussion of this subject, I
have the firmest reliance that your measures will evince
how much you value the benefits of a mild and orderly
government, and confidently trust that you will exemplify
its advantages, by persevering in that harmony which has
hitherto influenced your deliberations.3'
The assembly answered by an address quite
in spirit of the above : — " We shall not," — they
said — " lose sight of the advantages that must
necessarily result from the continuance of the
good understanding which has hitherto been
cultivated between the two provinces of
Canada, so intimately connected by their local
189
circumstances and situation. " Our duty," — chap.
they continued — " to his Majesty's government,
as well as to our constituency, whose prospe-
rity and happiness depend on the firm and
decided support thereof, indispensably calls
for our united efforts to repel the insidious
attempts of the emissaries or agents employed
to disturb our tranquillity, by those who rule in
France ; and, for that purpose, we will cheer-
fully join in such measures as are necessary to
enable the executive government to be prompt
in the remedy, while the danger is imminent.
" We cannot be otherwise than unanimous
when the support of the mild and orderly
government under which we happily live is the
subject of our deliberations ; and we trust we
shall ever continue to conciliate harmony
amongst ourselves, so necessary to promote the
general welfare of the province."
Nothing worthy of special notice took place
this session. But five bills were passed, three
of them continuing temporary acts about to
expire, and the act " for the better preserva-
tion of his Majesty's government." — One allow-
ing Upper Canada, pursuant to agreement, its
proportion of duties imposed and levied under
acts of this province, another repealing the act
appointing commissioners to treat with those of
Upper Canada, and to appoint others.
The legislature was prorogued on the llth
May. The governor general, in addressing the
assembly, remarked that " the temper and libe-
rality they had shewn, in renewing the act to
190
chap, appoint commissioners for the purpose of treat -
[^ing with the commissioners of Upper Canada,
i798. were such as became a deliberative assembly,
and must tend to confirm that harmony and
good understanding which subsisted between
the sister provinces.
" From the dutiful and loyal demeanor ma-
nifested by his Majesty's subjects of all des-
criptions in this province, there will be little
occasion, I am persuaded, for resorting to the
extraordinary powers vested for a time in the
executive government for its preservation ; and
should any alien emissaries persist in their
attempts to disturb our tranquillity, I trust they
will find that your vigilance and zeal for the
constitution are in no respect abated."
Nothing of any moment seems to have occur-
red in the interval between the prorogation and
the next meeting of parliament, which took
place on the 28th March, 1799. His excellency
informed the legislature that — " Although he
could not as yet congratulate the country on
the return of peace between his Majesty and
the persons exercising the powers of the govern-
ment in France, he felt a sincere satisfaction
in congratulating them on the security and pro-
tection with which these remote parts of the
king's dominions were blessed amidst the storms
that agitated other countries, and on the recent
glorious victories obtained by his Majesty's
naval forces over the fleets of our enemies, by
which (although their secret endeavours to sow
dissentions among his Majesty's subjects might
191
not be abated,) their power to disturb our chap,
repose by open hostility was greatly abridged." VIi
That while he congratulated them on the 1799>
friendly disposition and intercourse which sub-
sisted between the province and our neigh-
bours, the United States of America, in conse-
quence of the treaty of amity, commerce, and
navigation recently entered into between his
Majesty and that country, and on the important
successes with which the Almighty had bless-
ed his Majesty's arms, whereby the hostile
power of our inveterate foe was greatly reduc-
ed ; it, nevertheless, was incumbent upon them
to bear in mind the character of the country
with whom, for the safety of his people, our
gracious sovereign was contending, and the
secret machinations carried on in every coun-
try to which our foes had access, for the pur-
pose of misleading the credulous from their
duty, and subverting the governments by which
they were protected. These considerations
rendered it, he said, necessary that care and
vigilance for the security of the internal tran-
quillity should not be relaxed.
The provisions heretofore made for this pur-
pose, by " the act for the better preservation
of his Majesty's government, as by law happily
established in this province," being temporary
and about to expire, he recommended to their
consideration the expedience of a further pro-
longation thereof, assuring them that the utmost
care should be taken on his part, to prevent the
powers vested in the executive government,
192
chap, from being applied to any other purpose, or in
m any other degree than should be necessary for
the preservation of good order, and the protec-
tion and security of his Majesty's faithful peo-
ple over whom he had the honor to preside.
The assembly, thanking his excellency for
his speech, heartily, they said, joined his excel-
lency in congratulation upon the glorious and
important victories recently obtained by his
Majesty's naval forces. The salutary effects
which they had experienced from the act men-
tioned, together with the wise and prudent
manner in which it had been executed under
his excellency's benevolent administration,
removed every doubt that could be suggested
against the necessity and propriety of continu-
ing so beneficial a law. His excellency, they
added, might rely upon the continuation of
harmony in the discharge of their duty in every
object tending to the support of the excellent
and happy government under which they lived.
The bill was accordingly continued for a year
longer.
The session, as usual, went off smoothly,
being prorogued on the 3d June. It is scarcely
necessary to enter upon details of the measures
before the legislature, being of little, if any
interest ; — the following matter may, neverthe-
less, deserve a passing notice. It is to be ob-
served that hitherto there were no suitable
buildings in Quebec or Montreal, erected or
set apart for the sittings of the courts of justice,
nor were the funds as yet sufficiently large to
193
justify the legislature in authorizing the erec-chap
tion of edifices proper for the purpose. This,
the british government liberally undertook to
encourage, by a spontaneous offer to advance
the necessary means, by way of loan. The
governor, by message, consequently stated that
he had " the pleasure to inform the house of
assembly, that his Majesty had been graciously
pleased to view, with great satisfaction, the zea-
lous and liberal attention paid by the legisla-
ture of his province of Lower Canada, to the
provincial revenue since the commencement of
the present happy constitution. And that his
Majesty has also been graciously pleased, in
his paternal regard for the welfare and happi-
ness of his faithful subjects in this province, to
give his royal attention to the representations
that have been made relative to the erection of
proper buildings for holding the courts of
justice in the districts of Quebec and Mont-
real, and to authorize the governor to advance,
on the part of his Majesty, the sums that shall
be requisite for that purpose ; to be replaced at
such time and in such manner as in the wisdom
of the provincial parliament may be found
expedient."
The assembly, by an address to his excel-
lency, returned him its sincere thanks, assur-
ing him " that his Majesty's loyal subjects, the
representatives of the people of Lower Canada,
feel with the most lively pleasure the satisfac-
tion his Majesty has been graciously pleased
to signify of their endeavours to improve the
R
194
Chap, provincial revenue, and that the additional
proof of his Majesty's paternal regard for the
welfare and happiness of his subjects in this
province, in authorizing his excellency to ad-
vance, on the part cf his Majesty, such sums
of money as may be requisite for erecting pro-
per buildings for holding the courts of justice,
in the districts of Quebec and Montreal, will
call forth the gratitude of this house to replace
these sums in such manner as may be most
expedient."
A bill was accordingly passed " for erecting
court-houses, with proper offices, in the several
districts of Quebec and Montreal, and for de-
fraying the expenses thereof." These were
provided for by the imposition of certain taxes
on legal writs and other law proceedings,
which proving productive, the amount advanc-
ed from the military chest, by the home govern-
ment was, in a few years, reimbursed. As a
further proof of the increase of business and
rapid improvement of the province, it may be
observed, that in less than twenty years after
the erection of those 'buildings, deemed at the
time spacious palaces, though now eclipsed by
others of more recent structure, they were
found inadequate to their intended purposes,
from the want of roomy and sufficient apart-
ments for the public accommodation.
His excellency dismissed the legislature
with the warmest terms of commendation for
the zeal and unanimity with which they had
attended to the several objects commended to
195
their consideration, and the general harmon
with which the business of the session had been vn
conducted. Tre
tc Gentlemen of the house of assembly, — I have observ-
ed,"—he added, — "with peculiar pleasure, the cheerful-
ness and cordiality with which you proceeded in reestab-
lishing the bill u for repealing certain acts granting rates and
"* duties to his Majesty, and for granting new and additional
" duties in lieu thereof, for appropriating the same towards
" del raying the expenses of the administration of justice
" and support of the civil government within this province,
" and for other purposes therein mentioned ;" commonly
called " the consolidation act ;" — and I must request your
acceptance of my best thanks for your attention to the seve-
ral other objects that relate to the revenue and necessary
disbursements of the province ; nor must I omit taking par-
ticular notice of the zeal you have shewn in making so early
a provision for replacing the sums which his Majesty, in his
paternal regard for the welfare and happiness of his faithful
subjects in this province, has been graciously pleased to au-
thorise me to advance for defraying the expenses to be
incurred in erecting the intended new court houses in the
districts of Quebec and Montreal.
"Gentlemen of the legislative council, and gentlemen of
the house of assembly, — The relief given to the poorer
classes of his Majesty's subjects in the cities of Quebec arid
Montreal, by the amendments made to that part of the road
act which relates to those cities anil suburbs, will, it is
hoped, evince to the people at large, the readiness of the
legislature to pay due regard to their circumstances and con-
veniences, when represented with decency and with a desire
of yielding proper obedience to the laws.
" The general tranquillity which at present happily pre-
vails throughout the province, affords good reason to hope,
that there will be little occasion for having practical recourse
to those extraordinary powers that have been thought pro-
per to be vested temporarily in the executive government ;
and if, from the secret machinations of the enemy, any
instances should happen in which it may become neces-
sary to resort to those extraordinary powers, J doubt not but
196
Chap. the vigilance of the magistrates, actuated by your influence
Vli. and example, and supported by the zeal of his Majesty's
v-vw faithful subjects in this province, will convince the offenders
1799. of their temerity and give an effectual check to their
designs."
This was the last time that his excellency
general Prescott met the provincial parliament,
and which, as seen, he now parted with on the
best of terms. So far the constitution had
worked to admiration, and promised success. —
The government and parliament were in per-
fect harmony, — commerce began to thrive, and
the vast resources of trade to unfold them-
selves— the province evidently was prosper-
ing— and all classes of the people contented
and happy, friendly and well-disposed in
all respects towards each other — there were
no religious feuds or disputes of any kind
—national-origin prejudices were scarcely
''felt or known — never publicly appealed to,
and by an universal tacit consent avoided
and discountenanced — the habitual politeness,
the loyalty, the chivalrous feeling characteristic
of the gentlemen of the old french school,
were still in the ascendant, and harmonized
admirably, with the gentlemanly bearing,
upright character, and general informa-
tion which, in all countries, distinguish the
british merchant, and for which those in
Canada of that, not less than of this day,
were eminent. — The earth yielded, in abund-
ance, fruits food Lr man and beast, and
with but little labor, — taxes, none, except
upon litigation, as just observed, and upon
197
luxuries, which were not felt by the cul-chaP,
tivator, — and truly may it be said, that the last VIL
sun of the eighteenth century, that set upon
Canada, left its people the happiest upon this
earth of all the sons of men it that day had
shone upon.
We may here, also, at the close of the cen-
tury, take a retrospect, for a moment, of the
important changes which Canada and the neigh-
bouring british colonies in North America,
during that period, had undergone. The old
english provinces, arrived at maturity, had
passed from the colonial state, to independence,
and taken, the first on this continent, rank
among the nations of the world ; the adjoining
old french possessions having, as a prelude to
the drama, previously become british provinces,
in itself an improvement to their former con-
dition, without taking to account the various
prospective advantages awaiting them in that
quality. A favored colony of France, from the
outset, ruled by an arbitrary but paternal
government, and colonized by a brave and
warlike people hostile to, and dreaded by
their british neighbours, who had often smarted
under their incursions ; sometimes, indeed, sul-
lied by acts of cruelty — we find it, somewhat this
side of the middle term, passing by conquest,
after hard fought battles, from the dominion of
its old to that of its new sovereign, in an
orderly spirit, and with an attachment to its
institutions, its ancient laws, its usages, and
its customs, unexcelled in the history of any
R 2
198
chap people ; and before the end of it, enjoying a
m constitutional government such as no british
colony before it ever possessed ; and though
of foreign origin and a conquered people,
favored by the king and parliament of the
United Kingdom, beyond all others of their
own lineage. It had not only thus become the
favored of England, but the peculiarly so of pro-
vidence, as of England. — Severed from France,
it happily escaped the horrors of the french
revolution, and its consequences, which Canada
knew only by report ; — for, while that coun-
try was subverting its ancient monarchy-
trampling in the dust its crown, and disembow-
elling itself — the Canadians, its offspring, were
prospering under the british government, quiet
within and at peace with all the world, with-
out contributing to the expenses incidental and
necessary to the immunities and protection
they were enjoying. But while England was
thus extending her american territories to the
north, and not yet well assured of them, she
also was preparing the causes for an unhappy
quarrel with her ancient north american colo-
nies, and a costly and inglorious war, resulting
in their independence, and vastly overba-
lancing the advantages and glory of her
recent acquisition. The conquest of Canada
added some rays to the lustre of the british
arms, but the loss to England of her thirteen
splendid colonies, and the creation of a rival
though kindred empire, if that acquisition, as
some pretend it did, at all contributed towards
199
the separation, quite overshadows the splen-
dour of the achievement; — yet, there is some,^^
satisfaction in the reflection that, of the con- 1799,
tinent we inhabit, between the Atlantic and
the Pacific, from the Labrador and Straits of
Belleisle, to Puget's Sound and Vancouver,
enough remains to Britain and her adventurous
sons, for the formation of a still more powerful
empire than that which has already passed
from her hands.
Descending to humbler matters, and more
within our scope, it may not be amiss, before
closing the chapter and taking leave of the
eighteenth century, to pass also in review, the
" dramatis persona," of our provincial political
and judicial theatre, and see who were the men
of that epoch, that wielded the — " little brief
authority" of their day, and their value. It may
prove instructive to the general reader, as well
as to those who now have their hour, and
exercise the powers that be, and who, looking
back at their predecessors on the stage
of fifty years ago, may see them, as, probably,
they will, some fifty years hence, be them-
selves seen, and perhaps compared with them,
by their successors on the same boards they
now tread, if, by any chance, some idle
chronicler like the present, shall think it
worth his while, to rake their deeds and recal
their names, from the oblivion, to which, in
all probability they shall, before that, have
been consigned.
The salary of the governor in chief was then
200
chap, but £2,000 ; increased, this year,* in favor of
vn Sir Robert Shore Milnes, the lieutenant gover-
nor, to £2,500, — " being £1,000 per annum,
in addition to the present salary of £1,500 per
annum, during such time as he shall exercise
the administration of the government of Lower
Canada, in the absence of the governor." The
executive council consisted of
Chief Justice William Osgoode,*
The Right Revd. Jacob Mountain,
Lord Bishop of Quebec,
P. R. de St. Ours,*
Hugh Finlay,*
Francois Baby,*
Thomas Dunn,*
Joseph de Longueuil,*
Pierre Panet,*
Adam Lymburner,
James McGill,*
Chief Justice James Monk,*
P A. De Bonne,
John Lees,
A. J. Duchesnay,
John Young,
Herman Witsius Ryland, clerk.
Each of these* gentlemen received .£100,
sterling, a year, as executive councillor, and
the clerk, Mr. Ryland, £400, besides <£200 as
secretary to the governor, and fees to a consi-
derable amount annually.
The Court of king's bench at Quebec, con-
sisted of the chief justice of the province,
* Pursuant to a despatch from the minister.
201
William Osgoode, Thomas Dunn, Jenkin Wil-chan.
liams, and P. A. de Bonne ; that of Montreal,^
of chief justice James Monk, James Walker, 1799.
P. L. Panel, and Isaac Ogden. — There was
besides a judge at Three Rivers, P. A. Des-
chenaux, styled provincial judge, and judge of
king's bench for that district — a provincial
judge, Felix O'Hara, for Gaspe, and a judge,
James Kerr, for the court of vice admiralty.
The salaries were as follows : — to the chief
justice of the province, £1200, sterling ; chief
justice at Montreal £900 — each of the other
judges .£500— the judge at Three Rivers £300
—judge at Gaspe 200, and the judge of vice
admiralty <£200. — There was a secretary and
registrar of the province, Sir George Pownall,
at £400 — an attorney general, Jonathan Sewell,
at <£300, besides fees — a solicitor general, Louis
Charles Foucher, .£200 and fees — a receiver
general, Henry Caldwell, at £400 — an inspec-
tor general of public provincial accounts,
Thomas Aston Coffin, at £365 — a surveyor
general of lands, Samuel Holland, at ,£300 —
a surveyor general of woods, John Coffin, at
<£2005 (a sinecure) — a french translator, X.
de Lanaudiere, £200 — a grand voyer of the
province, Charles de Lanaudiere, at £500 —
(a sinecure.)
Of all these, nothing now remains above
ground but the names ! and even most of
these, but for the public accounts in which
their memories are embalmed, had probably ere
this have been forgotten, though several of them
202
chap, were certainly men of talents and excelled in
[ their stations.
1709. The civil expenditure of the province for the
year 1799, amounted to £24,597, sterling,
besides the expenses of the legislature, amount-
ing to £1499 4s. 5d., currency. The revenue
to .£25,427 3s. 3id., currency, from the fol-
lowing sources : —
Casual and territorial revenue, £ 435 2 8
Duties under statute of 14 Geo. III. , £858f> 13 3*
Licenses under do. do. 1108 0 0
9694 13 3i
Duties under provincial act of 33
Geo. III., 1425 19 6
Duties under provincial act of 35
Geo. III., .... 11649 15 8
Licences under do. do. 1218 0 0
12867 15 3
Pilotage Duties under ditto,
37 Geo. III., - - - - - - - 354 16 6
Duties under statute of 25 Geo. II.,
and 4 and 6 Geo. III.,* ... 16 7 8$
Fines and forfeitures, - - - - - - 145 19
Duties under provincial act of 39
Geo. III., 487 6 3
Currency, £25427 3 3£
The reader will observe that some of those
sums are in sterling, others in currency, but
being so stated in the public accounts, they are
taken as found in them.
General Robert Prescott was relieved of the
government by Robert Shore Milnes, esquire,
as lieutenant governor, (shortly afterwards
created a baronet,) on the 31st July, 1799.
He had experienced some misunderstandings
with his executive council, relative to the dis-
posal of the crown lands, in which it has been
* These are imperial acts.
203
generally believed that those gentlemen were chap
not altogether personally disinterested, and VI1
which it is said occasioned his recall. He was
universally deemed an upright and honorable
man, much respected by all classes and popu-
lar as a governor.
Mr. Prescott left the province with the
universal esteem and regret of the inhabitants,
receiving from all quarters, previous to his
embarcation, the most gratifying proofs of their
high estimation of his conduct in the adminis-
tration of affairs.
204
CHAPTER VIII.
Parliament called— speech and address— voluntary contri-
butions in support of the war — culture of hemp consi-
dered— Jesuits' estates — communication concerning them
to the assembly — address to the governor relating to
them — answer — proposal for ulterior proceedings, but
postponed — C. B. Bouc, e^qr., expelled the assembly —
alleged causes of the expulsion— prorogation — revenue
and expenditure of 1800 — general election — new parlia-
ment meets — Mr. Panet rechosen speaker — proceedings
in parliament— liberal acts of the government — proroga-
tion— lieutenant governor made baronet of the United
Kingdom — finances and expenditure of 1801.
chap. MR. MILNE s, the lieutenant governor, did not
L meet his parliament until the 5th March.
18ocT There was nothing, in his speech, of particular
interest. He obsefvecf, tbat those who ruled
in France, notwithstanding the repeated checks
which they had received, in every part of the
british dominions they had assailed, their spirit
j^ of hostility had not abated, nor had their
destructive principles, still more to be appre-
hended by all civilized governments, been dis-
avowed. That it became, therefore, those
I* J[ vested with executive authority, to exert their
JO'*" attention wherever there was a possibility that
the emissaries of discord might establish an
intercourse ; and that under these impressions,
he would propose to their consideration the
expediency of continuing those temporary laws,
205
which, seconded by the zeal and attachment of chap.
his Majesty's faithful subjects in this province,^
had been found to produce such salutary Tsoo"
effects.
" It was with no small pleasure" — he said
— " he had observed that demonstration of
regard and zeal for his Majesty's government,
and the interests of civilised society, which
was lately manifested by the voluntary and libe-
ral contributions within this province,* which
could not but be favorably accepted, and the
motives which produced such a tribute of loy-
alty duly appreciated by our most gracious
sovereign." He congratulated them also, on
the very friendly intercourse happily subsist-
ing between his Majesty's subjects and the
citizens of the neighbouring United States,
observing, that the communications he had
received, contained the strongest expressions
of desire that such good understanding might
long endure.
The assembly, as usual, loyally answered
the speech from the throne : — " The spirit of
* In this province, as in New Brunswick and Nova Scotia, sponta-
neous contributions had been liberally made during 1799, by indivi-
duals in aid of the home government, for carrying on the war. — ^
Among the foremost in this patriotic move, we find the lord bishop
<Mountain) of -Quebec, £300 — chief justice Osgoode, £300 — Sir Geo.
Pownall, £116 13s. 4d.— Henry Caldw ell, £300— G. Herriot, esqr.,
post-master, £50— Quebec Seminary, £50— J. A. Panet, £30— W.
Grant, £22 — Thomas Dunn, £66 — Le coadjuteur de Quebec ,(Ples6Js).
£25 — Robert Lester, £30 per annum during the war — Munroand Bell
£100 — Jenkin Williams, £55 — Francois Baby, £40 — G. Elz. Tas-
chereau, £10— Louis Duniere, £23 6s. 8d.— X. de Lanaudiere, £23
6s. 8d. — Lymburner and Crawford, £50 — Rev. Pere Cazeau, £25—
Jonathan Se well, 25— A. McNider, £25— Felix O'Hara, esqr. , £27
15s. 6d. — The 1st battalion royal Canadian volunteers, commandiU
by lieut.-col. Longueuil, £500, sterling, &c. £c.
S
206
chap, hostility and the destructive principles of the
^^ common enemy of all civilized governments
i8oo. still continuing, without disavowal, the same
measures of precaution which have hitherto
been found so effectually salutary, appear to us
equally necessary. We shall, therefore, forth-
with take into consideration the renewal of
those temporary laws which have contributed
to frustrate the machinations of the emissaries
of discord." * * * * * " The general medi-
ocrity of the fortunes" — they continued — " of
his Majesty's subjects in this province being
well known, we flatter ourselves our voluntary
contributions, though small, will be favorably
received."
The house, having proceeded to business,
went, soon after the opening, into committee, to
take into consideration the advantages that
might arise to the province and the british em-
pire, from the culture of hemp within it, and
adopted the resolution — " that it would be
advantageous for this province and the british
empire, to renew, extend and encourage the
culture of hemp in this province " This, how-
ever, was not followed up by any enactment
on the subject this session.
The consideration concerning the Jesuits'
estates was resumed, and on a motion by Mr.
Plante, " that the house do resolve itself into a
committee to consider of the most proper
measures of obtaining information concerning
the rights and pretensions which this province
may have upon the college of Quebec, (the
207
Jesuits' college) and the estates thereunto an-chap.
nexed," Mr. Young, one of the executive ^^
council, rose in his place and said that he was \soo.
authorised by his excellency the lieutenant
governor to inform the house, that his excel-
lency by and with the advice of his Majesty's
executive council, had given orders to take
possession of the estates of the order of the
Jesuits in the name of, and as the property, of
his Majesty.* The house, nevertheless, went
into committee, and reported as follows : —
" That it is the opinion of this committee, that an humble
address be presented to his excellency the lieutenant gover-
nor of this province, setting forth, that the house is anxious
to investigate the pretensions or claims which this province
may have on the college of Quebec, on the estates there-
unto annexed, and the nature of the same : That as there are
a great number of documents and official reports relative to
the said rights and pretensions blended with other papers,
that concern the estates heretofore possessed and claimed
by the religious order known by the name of Jesuits in this
province, fyled in the late legislative council office of the pro-
vince of Quebec ; particularly a report made on or about
the 30th June, 1789, to his excellency lord Dorchester, the
governor general, in conformity to a commission issued the
29th December, 1787, for the purpose of examining and
enquiring into the nature of the estates of the said religious
* This occurred on the 12th of March, 1800— on the 16th of the
same, Father Casot (sometimes written Cazeau) died. The follow-
ing obituary notice of this deserving old Jesuit, appears in the
Quebec Gazette of 20th March, 1800: — " On Sunday last, the 15th
instant, died the reverend father Jean-Joseph Casot, priest, of the
company of Jesus, procureur of the missions and colleges of the Jesuits
in Canada, the last of the Jesuits of this province. The immense
arities which he bestowed assure him for a long time, the blessing
the poor. He was one of those men whose life is a hidden treasure ,
and his death is a public calamity,"
The worthy father is still spoken of with esteem by those who
knew him personally, though few of them survive.
208
chap, order, and all papers that might have been at any time fyled
VIII. relative to the same ; the house desires to have communica-
•^~.~w tion, if necessary, of all or part of the said titles, documents,
isoo. reports and papers, inasmuch as by an order of his excel-
lency lord Dorchester, the governor, in council of the '25th
August, 1790, the clerk of the said council was then direct-
ed to allow access to the said papers and grant copies or
'extracts thereof to all persons conceiving themselves inte-
rested therein : — That his excellency may therefore be
pleased to order, that the officers now having charge of the
said titles, documents and reports of the said commission
and other papers above mentioned, do forthwith communi-
cate and officially deliver, or allow copies to be taken, or, if
thereunto required, extracts only, of all the said titles, reports
of the commission, and papers, to or by such committees as
may be authorised by the house to that effect."
This resolution being concurred in by the
house, (by a vote of 16 to 8,) — an address
accordingly was sent up to the lieutenant
governor, who answered the messengers: —
" Gentlemen, — I think it necessary to inform you on the
subject matter of the present address, that the whole pro-
ceedings of the commission issued on the 29th December,
1787, including every claim and pretension respecting the
estates of the late order of Jesuits in this province, together
with the humble address of the house of assembly, voted on
the llth of April, 1793, havp been respectively submitted
to the king: — That his Majesty having been graciously
pleased to refer the whole proceedings to his privy council,
the result of their consultations, with his Majesty's order
thereon, was transmitted to this government in the month
of April last ; and, in consequence of such order, commis-
sions have issued to take the whole of the property into the
hands of the crown.
u After reflecting on these circumstances, should the
house of assembly continue to deem it advisable to persist
in their proposed investigation, I shall comply with their
request, to allow them access to those papers which have
already been made public, and shall in that case give orders
209
that all persons duly authorised by the house of assembly, Chap.
be at liberty to take copies of all titles, documents, reports, VJIL
papers, and all proceedings under the commission mentioned, ^^^
which were returned into the council office, on or before the 1800.
25th of August, 1790.
" But, after the information I have now given, the house
of assembly will certainly deem it incumbent on them to
consider whether it is consistent with that respect which
they have hitherto uniformly manifested towards their sove-
reign, to reiterate any application on the subject."
It was nevertheless resolved, a few days
after this, that the house would go into com-
mittee, to take into consideration his excel-
lency's answer, which it accordingly did, but
came to the resolution " that the house ought
to postpone, to a future time, the inquiry into
the rights and pretensions alluded to." *
* This resolution was adopted by way of amendment to a motion
proposed by Mr. Grant, for an address to his Majesty with reference
to those estates, in the following terms; and which is introduced here
as containing historic matter worth recording : —
" That a special committee of five members be named by the house
to prepare an humble, loyal and respectful address to his Majesty,
humbly supplicating his Majesty, to take into his royal and paternal
consideration, the deplorable state of the education of youth in this
province since the conquest thereof by his Majesty's arms, in the
years 1759 and 1760.
" That at and before that eventful period, the society of Jesuits
established in Canada, had zealously devoted themselves and their
fortunes, to the propagation of the Christian religion, and the educa-
tion of Canadian and Indian youth — and had been peculiarly successful
in their endeavors ; forming men, who by their talents and enterprise,
have done honor to their country, as well in arts as in arms.
" That though his Majesty's general the late gallant and sage lord
Amherst, by the capitulation which he was pleased to grant to the
Canadians at Montreal, on the 8th of September, 1760, assured to the
Jesuits as toothers, their estates and properties, yet the downfall of
that order in Europe, immediately following the conquest, the reve-
rend fathers in Canada, were thrown into such consternation and
incertitude, that they relinquished the duties or rules of their institu-
tion as to the education of youth ; and their houses of mission and
college of Quebec, soon became converted, perhaps necessarily, into
•store-houses, gaols, courts of justice and barracks. And the revenues
s 2
210
Charles Baptiste Bouc, esquire, a member
representing the county of Effingham, was this
session expelled the assembly, it appearing to
the house by the record of a conviction which,
upon motion of the attorney general, had been
laid before it, that he had been convicted upon
an indictment found against him the year be-
fore, at the criminal assises at Montreal, of a
conspiracy, with sundry other persons, unjustly
and fraudulently to obtain of one Etienne
Drouin,divers large sums of money. It appeared
that Bouc having purchased a quantity of wheat
of their other estates and possessions diverted from the humane and
pious purposes of the donors, the kings and subjects of France ; have
been, since the conquest, absorbed by the reverend fathers in Canada
for their personal support ; or have been by them distributed in alms
and other benevolent charities.
" That by the late demise of the reverend father Casot, the last of
the order in this province, the estates and possessions of the society of
Jesuits are now indubitably vested in his Majesty, and at his royal
disposition and will.
" That therefore, his dutiful and faithful Canadian subjects, most
humbly beseech his Majesty to appropriate the said estates, if not
already disposed of, to the purpose of education in this his province ol
Lower Canada, in such manner as to his Majesty in his royal wisdom
may seem meet ; or if already disposed of by his Majesty, that he may
be graciously pleased to grant and assign some other estate, or portion
of the waste lands of the crown, or other fund, with royal foundation,
for the purposes of learning and science, as his royal munificence
may direct.
" That it is the humble opinion of the representatives of the com-
mons of Canada, in the present parliament assembled, that the
enlightening of the minds of the youth of the province, by liberal
education, is the surest means of attaining the ends of that free and
generous constitution which his Majesty in parliament has so graci-
ously been pleased to bestow upon his Canadian people. That the
more his subjects here, are enabled to perceive the benefits arising
from the inestimable boon conferred, the more they will admire and be
attached to that wise and incomparable system of civil and political
order and freedom which the nations of the world envy, in the king-
doms and countries living under his Majesty's dominion. The happy
combination of government, which, as avowed by a conspicuous mo-
dern reformer, enables his Majesty, our gracious sovereign, to " reign
" over a free nation, with the sole view of making it happy."
211
from Drouin, afterwards accused him of hav- chap.
ing fraudulently " moistened and wetted" it,J
to increase its volume and wejght, and threat- '
ened to prosecute him for it criminally unless
he gave him an indemnity. Drouin being a timid
man and led by Bouc, and others in his interest,
to believe that they had him in their power,
and could convict him of this, which they gave
him to understand was a capital offence, gave
his note to Bouc for £75, as a composition for
the pretended offence, or hush money, of
which he actually soon after paid him £58,
Bouc releasing him of the balance. Drouin
pretending that he had been wronged, and
being advised to seek redress, laid the matter
before the law officers of the crown, by whom
Bouc and his confederates were indicted for
this as a conspiracy, and convicted. Bouc was
sentenced to three months imprisonment and
to pay a fine of <£20, and to enter into bonds
for good behaviour during three years, himself
in <£500 and two sureties in £200 each. The
others were severally fined in six shillings and
eight pence, and sentenced to three weeks
imprisonment. The record of those proceed-
ings being laid upon the table, it was ordered
that " the said Charles Baptiste Bouc, be heard
by his counsel at the bar of this house, on
Wednesday next, (2d April) at three o'clock
in the afternoon," on which day the assembly,
after hearing his counsel voted, his expulsion,
by a majority of thirteen, (yeas 21, nays 8.)
Mr. Bouc was reflected more than once, but
212
chap, finally disqualified by act of parliament. It has
VI1L been insisted upon by persons of high respect-
ability, some of whom taking an interest in Mr.
Bouc's treatment, endeavoured to procure the
repeal of the act proscribing him, that he was
the person conspired against, and a persecuted
man, owing to his politics, which were anti-
executive it would seem. It is certain from the
standing he maintained in the county of his resi-
dence, and his reelection, that he must have
enjoyed the general respect of his neighbours.
The lieutenant governor prorogued the legis-
lature on the 26th of May, but in the sterility
of his speech there is nothing to be found
deserving of notice. Eight bills received the
royal sanction, including one for continuing
" the act for the preservation of his Majesty's
government."
The public accounts make the revenues of
the province for 1800 amount to <£20,03l,
currency, and the civil expenditure .£36,459,
sterling, besides the salaries of the officers of
the legislature, £ 1 496,exceeding, by upwards of
.£200, the fund appropriated for their defrayal.
The sum paid to Upper Canada as " the just
proportion of the duties imposed by the legis-
lature, on such articles as have been trans-
ported from this province into Upper Canada,
between 1st January and 31st December,
1800," was £903, sterling. That of the pre-
vious year was £1404. The salaries of the
judges were, from £500, increased on the 1st
of October of this year, to ,£750, per annum.
213
and the judge at Three Rivers, to £500 from Chan,
£300, sterling *
The second provincial parliament ending with 1800.
this session, the writs for a' general election,
tested 7th June were issued, and the elections
immediately took place, being, as on the pre-
vious occasions they had been, warmly con-
tested. There being nothing extraordinary in
the occurrences of the present year, we shall
proceed to the opening of the Legislature.
This took place on the 8th January, 1801,
and Mr. Panet being again chosen speaker, the
business of the session was entered upon.f
* This was in virtue of a dispatch from the duke of Portland, dated
l(jth July, 1800. The salaries of the chief justices, of the province
(Osgoode), and of Montreal (Monk) ; the former at £1200, sterling,
the latter £901), remained stationary until 15th August, 1802, when
they also were augmented, the first to £1500. and the second £1100.
Mr. Osgoode was allowed to retire on the 1st May, 1802, with an
annuity of £800 for life, pursuant to a despatch from lord Hobart, to
that effect. Those officials were at that time and for several years
subsequently, exceedingly busy politicians, as well as judges, mixing
themselves up with the politics of the day, and elections, as if the
sacred functions of their judicial stations we're but a secondary consi-
deration. Some of them had seats in the assembly, and some in the
executive, and legislative councils ; and. consequently, a ready access,
fit all time's, to the governor's ear. They availed themselves, of
course, of their position, often misleading the governor who incau-
tiously followed their suggestions, making themselves in return his
tools, but invariably pursuing that first grand policy of most colonial
politicians, their own personal interests. The reader will see, as we
proceed, the trouble and annoyance to which the country was put, in
excluding the judges from politics, and restricting them to their judi-
cial duties exclusively.
f This the third assembly of Lower Canada, consisted of the fol-
lowing members : —
For the Lower Town of Quebec, Robert Lester and J. Young;
Dorchester, John Caldwell and Thos. Taschereau ; Borough of Wil-
liam Henry- Jonathan Sewell ; Hampshire, Joseph Plante and Fran-
rois Huot; Einngham, Chs. B. Bouc and Andre Nadon ; Borough of
Three Rivers, P. A. De Bonne and John Lees ; the Upper Town of
Quebec, J. A. Panet and A. J. Raby ; Devon, Bernard Peltier, fils,
and F. Beniier ; St. Maurice. T. Coffin and Mathew Bell; Richelieu,
214
chap. The speech recommended a reconsideration of
vm. cc t]ie expediency of continuing that act of pre-
7^" caution for the public safety which, from time
to time, had been' renewed, and hitherto found
beneficial," meaning the act for the better pre-
servation of the government.
His excellency informed the legislature " that
his Majesty had been graciously pleased to
give directions for the establishment of a com-
petent number of free schools for the instruc-
tion of children in the first rudiments of useful
learning and in the english tongue, and also, as
occasion might require, for foundations of a
more enlarged and comprehensive nature, and
that his Majesty had been further pleased to
signify his royal intention that a suitable pro-
portion of the lands of the crown should be set
apart, and the revenues thereof appropriated
to such purposes."
" He had it further in command" — he said,
— " to express the just sense his Majesty enter-
tained of the loyalty and public spirit of the
inhabitants of Lower Canada, manifested by
Ls. E. Hubert and B. Livernois ; Kent, Ant. M. Lafontaine and
Franc. Vig6; Orleans, Jerome Martineau; Surry, P. de Rocheblave
and F. Levesque ; Quebec, county — Louis Paquetand M. A. Berthe-
lot ; Leinster, Joseph Beaumont and J. Archambault ; Huntingdon.
J. F. Perrault and J. Bte. Raimond ; Warwick, James Cuthbert and
Ross Cuthbert; Bedford, John Steele ; Montreal, County — Joseph
Papineau and Thos. Walker; York, Joseph Bedard and L. C. Fou-
cher ; Cornwallis, Joseph Boucher and Alexander Menut; West
Ward of Montreal, James M' Gill and J. Perinault ; East Ward of
Montreal; P. L. Panel and F. Badgley ; Buckinghamshire, John
Craigie and Louis Gouin ; Northumberland, J. M, Poulin and Pierre
Bedard ; Hertford, Michel Tellier and Louis Blais ; Gaspe, William
Vondenvelden. Of these, fourteen denote a british, one a german,
the others a french origin.
215
Keir liberal contributions, and also of the zeal chijp.
id attachment they had shewn, as well to his vm-
royal person, and family, as to the principles^"
of our most excellent constitution."
The assembly, in answer, assured him that
they would most cordially concur in continuing
that act of precaution for the public safety
which they had hitherto found so beneficial.
They rejoiced in the promised establishment
of free schools. " If the fortunes" — they ob-
served— " of his Majesty's subjects in Lower
Canada, were equal to their loyalty and attach-
ment to their most gracious sovereign, their
contributions for the support of the war, which
circumstances rendered so inconsiderable,
would have been more deserving of the royal
approbation."
Some important acts were passed this ses-
sion, including two of revenue, one granting a
duty on the licencing of billiard tables, the
other imposing duties on tobacco and snuft'.
These bills were reserved for the royal plea-
sure, which being sanctioned soon after, *
became law — one related to the decisory oath
(" serment decisoire") in commercial matters,
which, there being previously a doubt of its
admissibility in such cases, this bill admitted
when referred by either party to the other, in
a cause pending at law — the other related to
the establishment of free schools, as proposed
by the lieutenant governor, and the establish-
7th April, 1802, as notified by proclamation of the lieutenant
governor, dated at Quebec, 12th August, 1802.
216
chap, ment of a corporation under the style of " the
VIIL royal institution for the advancement of learn-
*i&)i' ing,"* — the third was "for removing the old
walls surrounding the city of Montreal," the
demolition of which had three or four years
previously been petitioned for by the inhabi-
tants, and was now consented to as necessary
to " the salubrity, convenience, and embellish-
ment of the city." This act was a fresh proof
to the country of the respect for private rights
entertained by the british government. The
ground upon which, for the common safety,
those walls had been built was, for the most
part, private property, and had been taken
by the french government without allowing any
indemnity to the respective owners, it being
understood that if ever the walls wrere demo-
lished the ground should revert to the rightful
proprietors, or their legal representatives. It
* This act has proved a failure, and though still unrepealed, on the
statute book is virtually a dead letter. No appropriation of lands as
proposed, was ever set apart for the purpose of education, for what
reason is not apparent. The institution was kept alive for many years
by money grants from the assembly; from year to year, for paying
the teachers and others employed by it. The roman catholic hierarchy
and priesthood throughout the province, universally discountenanced
it from the commencement, not, as it is believed, from averseness to
the spread of instruction, but from objections to the composition of
the board at its first establishment, being chiefly, if not altogether of
protestants, the protestant bishop of Quebec at the head, and there-
fore, in their estimation, sectarian. It has failed, as might have been
anticipated, from the want of co-operation and cordial support, not to
say opposition of so influential a body as the roman catholic clergy, in
Lower Canada, who like all other religious denominations insist, and
•with reason, on having in their own hands exclusively, the education
of their own flock. Lord Dalhousie made an effort 'to combine the
two interests, protestant and roman catholic, in this matter, but with-
out success. How the recent school act of 1846, now creating a etir
in several of the rural parishes will work, remains to be seen.
217
was to assure justice in this respect, no less chap,
than for the demolition of the walls now become J
a nuisance to the city of Montreal, that this act180i.
was passed, authorising their removal and the
appointment of commissioners for those pur-
poses, all which was accomplished so effect-
ually by 1817, that nothing remains of them
to-day, and the claims settled to the satis-
faction, it is believed, of all concerned.—
This very liberal and equitable act admitted
the right of recovery and repossession to all
those whose claims, on examination by the
court of king's bench at Montreal, might
be found good. The following is the pre-
amble : —
" Whereas in pursuance of an arrSt of his
most Christian Majesty, bearing date at Ver-
sailles, the 13th day of May, 1724, for the
better defence of the city of Montreal, in this
province, a stone wall and other fortifications
of stone were heretofore built and erected
around the said city, partly on land ceded to
his most Christian Majesty by the ancient com-
pany of New France, and partly on land the
property of divers individuals. And whereas
your majesty, by message through your lieute-
nant governor was, on the 2 1st March, 1797,
graciously pleased to express your royal will
and pleasure that the legislature should delibe-
rate on the most expedient measures to be
adopted for the improvement and embellish-
ment of the city of Montreal, and for the more
expeditious and effectual method of deciding
218
chap, all questions that may arise on the subject of
^ the repossession of the ground now occupied
isoT by the old fortifications thereof; — and whereas
it is expedient to take down and remove the
said walls and fortifications yet standing, but
in a ruinous condition, and otherwise to pro-
vide for the improvement of the said city of
Montreal, by new squares and streets, to be
laid out, opened and made upon the site of the
said wall or fortifications, or lands adjacent.
And whereas it is just and reasonable that the
land which the said wall and fortifications now
occupy and which does not belong to his
Majesty, should be delivered up to the lawful
proprietors thereof, their heirs or assigns, —
and whereas also, the objects herein before
recited require the aid and authority of the
provincial parliament: — Be it enacted," &LC.
The message received from his excellency
the lieutenant governor, (R. Prescott,) on this
subject, was as follows : —
u His Majesty having been graciously pleased to signify
his acquiescence to the petition of his good subjects of the
city of Montreal, praying to be permitted to repossess such
part of the ground occupied by the fortifications of that city,
as shall not be deemed necessary for military or other public
purposes, the lieutenant governor feels great satisfaction in
being authorised to communicate the king's pleasure to the
house of assembly on that subject.
fi It having been suggested that the ground occupied by
those fortifications was taken up on condition, that the seve-
ral lots should revert to the original proprietors, or their
heirs or representatives, when the same shall be found no
longer necessary for public uses ; and as adverse claims
may, possibly, arise respecting such property, by which the
relinquishment thereof, instead of being a public benefit
219
according to his Majesty's gracious intentions, may, in giv- (;nap.
ing occasion to strife and litigation, become a source of VIII.
public detriment, the lieutenant governor recommends to the '^^^
assembly to deliberate on the adoption of some expeditious 1801.
and effectual method of finally deciding all questions that
may arise on this subject.
" As the present appears to be a suitable occasion for
considering of such improvements as may conduce to the
salubrity, convenience and embellishment of the town, the
lieutenant governor further recommends to the house, the
consideration of providing additional powers, in case they
should be found necessary for carrying these desirable objects
into execution.
" The commanding engineer will be directed to lay before
the house, a plan of the town and fortifications as soon as
the same can be prepared, and to give to them the requi-
site information relative to the reserves which it will be
necessary to make, on the part of the crown, for public uses.
(Signed) " R. P."
" Castle of St. Lewis, Quebec, 2lst March, 1797."
Nor while the british was thus discharging
the obligations of the French government was it
unmindful of its own. An assignment of three
townships was, at this time laid off, for the
officers, non-commissioned officers and privates
who had served during the blockade of this
city, in the winter of 1775-6.*
* The following notice, founded on the order in council passed on
this head, appeared in the Quebec Gazette of the 19th March, 1801 : —
" ADVERTISEMENT — CANADIAN MILITIA. — Whereas by a report
of the committee of the whole council, dated the 20th May Iast7
approved by his excellency the lieutenant governor, the townships of
Windsor, Simpson, Wendover, and another to be taken on the south
side of the River Becancour, should it be necessary, to complete the
lots of the Canadian militia, have been appropriated for the officers,
non-commissioned officers and privates of the Canadian militia, who
served during the blockade of this city, in the winter of 1775-6, and
for the widows of those who were married prior to or during that
epoch ; and who by advertisement in the Quebec Gazette, of the 24th
May last, were requested to give in their names to le comte Dupre,
220
chap. Among the miscellaneous matters of the
^ session was the reexpulsion of Mr. Bouc, who
i8oi. had been again returned at the late general
election. It appears by the journals of the
assembly, that " a member in his place inform-
ed the house that he was present at the late
election of knights of the shire, to serve in this
provincial parliament for the county of Effing-
ham, and that he is well acquainted with the
person of Mr. Bouc, who is returned to serve
for the said county, and that he is the same
identical Charles Baptiste Bouc, who was
expelled this house during the last session."
From the above, to fix his identity, it would
seem, he had not yet appeared to take his seat.
It accordingly was therefore " resolved, that as
it appears by a record of the court of king's
bench for the district of Montreal, that Charles
Baptiste Bouc, a member of this house, upon
an indictment in the aforesaid court exhibited
esq., colonel of the Canadian militia, who are to receive lands accord-
ing to the following schedule : —
For a field officer, .... iQOO acres,
a captain, ..... 700 do.
a lieutenant and ensign, ... 500 do.
non-commissioned officers and privates, 400 do. each.
And to the widows according to the rank which their husbands
held.
And whereas there has, in consequence, issued a warrant of survey ;
all persons concerned are hereby required to deposit into the hands of
Captain Charles Pinguet, esquire, before the 1st day of May next,
their share of the expenses of survey and other necessary disburse-
ments for obtaining the letters patent, at the rate of two pounds seven-
teen shillings and six-pence for every 400 acres, which they may be
entitled to receive according to the foregoing schedule.
Quebec, 19th March, 1801. LE CTE, DUPRE', Colonel.
N*. B. — The widows of such militiamen as have served during the
blockade, are requested to send in their names and surnames to Mr.
James Voyer, the agent, residing in the lower town.
221
against him, had been convicted of the crime chap,
of conspiracy, with sundry persons, unjustly ^^
and fraudulently to obtain of Etienne Drouin, isoi.
divers large sums of money ; — and whereas the
said Charles Baptiste Bouc, in consequence
thereof, was expelled during the last session,
that he be expelled this house."
Mr, Bouc, notwithstanding this, was reelect-
ed by his constituency, but it was resolved that
" having been in this session of parliament
expelled it, he was and is incapable of being
elected a member to serve in the present par-
liament." He, therefore, was again " expelled
for the reasons (the above) set forth in the
resolutions of this house, the 2d of April,1800,
and of the 24th of January last." He was,
nevertheless reflected, but disqualified, as we
shall observe, at the ensuing session, by an act
of the provincial parliament, and his person
subsequently incarcerated in the common gaol
at Quebec, on suspicion of treasonable prac-
tices, under the act for the better preservation
of his Majesty's government, which began thus
to be made an instrument of oppression, and to
put down an humble individual who, however
troublesome to the assembly, could not have
been an object worthy of any apprehension by
the government, which, in this manner, uncon-
sciously lent itself, there is cause to believe,
to the suggestions of personal pique and the
vengeance of a coterie against him.
The legislature was prorogued on the 8th of
April, but beyond the common place obser-
T 2
222
chap, vances usual on a friendly parting, there was
^nothing of note in the lieutenant governor's
isoi. speech. " It will, I am persuaded," — said his
excellency, — " be highly satisfactory to his
Majesty to observe that, in the regulations
which you have framed for the improvement of
certain parts of the revenue, you have evinced
a laudable disposition to lessen the burthen of
the parent state, in defraying the expenses
of the civil administration of this province."
A few days after the prorogation, his excel-
lency learned that the king had been pleased
to grant him the dignity of a baronet of the
United Kingdom.
A bill also was passed " for the relief of
persons holding lands or immoveable property
of his Majesty enroture, upon which lods et
ventes and mutation fines are due." It autho-
rised the appointment of commissioners with
power to remit, in certain cases, the arrears of
lods et ventes due to the crown, and in others,
to make large deductions on immediate pay-
ment of a small proportion of the dues. Those
who had served in defending Quebec during
the blockade of the winter 1775-6, were alto-
gether exonerated from the payment of lods et
ventes to which any property they then pos-
sessed may have been liable, who were thus
favored in this manner, as well as by grants of
crown lands in reward of their services.
The revenues of the year 1801, amounted in
all to £27,166, currency, of which £17,120—
were available towards the discharge of the
223
expenses of the civil government, this yearchap.
amounting to <£33,831, sterling, including v
£903 paid to Upper Canada, for its proportion ^^
of revenue collected in 1800. The amount due
that province for 1801, remaining due to it from
the above, was <£1069. — The expenses of the
legislature were £1961, currency, and the
revenue to defray them <£1785.
The following were the members of the
legislative council in 1801 : —
Chief justice Osgoode, speaker.
Rt. revd. Jacob lord bishop of Quebec.
Hugh Finlay, R. A. de Boucherville,
Thomas Dunn, Henry Caldwell,
P. R. de St. Ours, Chief justice Monk,
Francois Baby, Sir John Johnston,
Joseph de Longueuil, Chartier de Lotbiniere,
Chas. de Lanaudiere, Gao. El. Taschereau,
Sir George Pownall.
ERROR TO BE CORRECTED.
For — " He observed that those who ruled in France," in the fourth
line of this chapter, page 204, read— He observed with, respect to those
who ruled in France that-
224
CHAPTER IX.
Parliament meets — lieutenant governor congratulates them
on the peace— encouragement of the culture of hemp
proposed — acceded to — money voted and a board ap-
pointed— Mr. Bouc disqualified — expedience of salary to
the speaker and an allowance to members considered —
close of the session — settlement of the eastern townships
commenced— session of 1803— militia and gaols recom-
mended— revenue and expenditure of 1802 — prorogation
— short session in 1803, owing to renewal of hostilities
between England and France — strong manifestation of
loyalty throughout the province — parliament again opened
in 18(H — nothing of interest — quorum of the assembly
reduced to twelve — prorogation — revenue — general elec-
tion in 1805 — members returned — meeting of new par-
liament— Mr. Panet again speaker — proceedings of the
session — a cloud — prorogation — revenue of 1804 — depar-
ture of Sir Robert Shore Milnes for England — Quebec
Mercury established in 1805, by T. Gary, esqr.
Cjhxp> THE parliament melon the llth January.
^~ The lieutenant governor congratulated them
1802. on the return of peace, recently concluded
between Great Britain and France. He stated
that he had, at the close of the last session,
received his Majesty's commands to take into
consideration the means of introducing and
increasing the culture of hemp in the province,
and to offer the subject to their particular
attention. The information he had obtained
from persons who had made experiments in the
culture of the article, satisfied him, he said,
225
that the soil and climate of Lower Canada, chap
were peculiarly adapted to this branch of culti-^
vation, and induced him strongly to recommend 18()2.
to them the early adoption of such measures as
might seem best calculated to encourage it
throughout the province.
The assembly, accordingly, appropriated
£1200 for the purpose, but the experiment did
not succeed.* Mr. Bouc having been reflected
was again expelled, and a bill was now introduc-
ed and passed disqualifying him. A move was
made in the assembly to take into consideration
the expedience of fixing an allowance for the
speaker and members of the assembly, but no
determination adopted. The session closed
on the 5th of April, the lieutenant governor
sanctioning eleven bills on the occasion.
Large tracts of land in the eastern town-
ships had been granted to various persons, in
order to encourage settlements in that quarter,
and it was at and shortly previous to this period
that the first settlements were commenced
there, under great disadvantages for the want
of roads of communication with Quebec and
Montreal. Many improvident grants were made
to favorites and speculators, who allowed them
to remain waste until the toil and improvements
of those actually settled in their neighbourhood
* A board was appointed at which the lieutenant governor himself
usually presided. Small specimens of hemp and of a good quality \
were produced from year to year, during several seasons, while the
premiums lasted ; but the habitants could not be induced to relinquish
their old system of agriculture and produce of wheat, yielding them a •;
certain profit, for the growth of hemp which they were unacquainted
with.
226
Chap, should give them value. In several instances,
IX the grantees of these tracts have disappeared,
1803 some by dying off and others by leaving the
province, while the lands granted have, in
many parts, been occupied and improved by
" squatters," to whom, however odious they
are to the absentee proprietors, the province is
chiefly indebted for the thriving settlements
which, at the present time, present themselves
to the tourist, in the eastern townships, known
as the district of St. Francis.
The speech, in opening the session, on the
8th February, 1803, if\ve except a recommen-
dation to renew the militia laws, about to
expire, and to make provision for the insuffi-
ciency of the gaols at Montreal and Quebec,
was uninteresting. His excellency congratu-
lated the legislature on an increase of the reve-
nue, which, for the year just ended, amounted
to £31,241, currency, while the civil expendi-
ture of the same was £37,008, including £2017
to Upper Canada, and £6,000 to the governor
in chief and lieutenant governor, that is, to the
former, who was absent on leave, £2,000, and
the latter, £4000, besides the salaries of the
officers of the legislature, £2,099, currency,
and upwards of £750 more, for contingencies.
Nothing of any importance took place during
the session, but six bills being passed, one of
them for the better regulation of the militia,
and of which, in proroguing the parliament, the
lieutenant governor spoke in terms of satis-
faction.
227
A short session of the legislature took place chap
in August, in consequence of the recommence-
ment of hostilities between Great Britain and
France. The alien act, and that for the better
preservation of his Majesty's government had
been allowed to expire on the late advent of
peace, but the return of war rendered, in the
opinion of the government, their revival neces-
sary. His excellency stated to the legislature
that, under these circumstances, it was their im-
mediate duty to provide for the internal security
of this part of his Majesty's dominions, by a
renewal of those temporary laws which were
found so beneficial during the late war, and by
which, under the blessing of providence, the
internal happiness and tranquillity of the colony
were so effectually maintained.
To this the assembly very loyally responded,
by stating that, under these circumstances,
they felt it to be their indispensable duty to
provide, without delay, for the internal security
of the province, not forgetting that during the
late war, the temporary laws that were then
passed did contribute to assure the tranquillity
then enjoyed, and that they agreed with his
excellency that the first object of their consi-
deration should be the renewal of those acts.
They were accordingly passed, and being
assented to, the assembly, after a short session
of ten days were, on the eleventh of August,
prorogued.
Upon the recurrence of the war, there was a
strong manifestation of loyal feeling universally
228
chap, throughout the province. The lieutenant gover-
^^ nor sent down, late in the session, a message
i«o3. to the assembly stating, that he had " the satis-
faction to acquaint them that a considerable
number of his Majesty's subjects in this pro-
vince, actuated by a spirit of loyalty and zeal
for the interests and honor of his crown, had
offered to form themselves into volunteer com-
panies for the defence of the province at the
present moment, and to serve under such offi-
cers as his Majesty's representative should
appoint to command them." And he recom-
mended the subject accordingly to the consi-
deration of the house. A bill was introduced,
passed, and sent up to the legislative council
relative to it but too late, the prorogation tak-
ing place the next day. No inconvenience,
however, was felt from the circumstance, the
militia act being in force and sufficient for every
practical purpose, in case of an emergency,
not very likely to occur unless in case of a
rupture with the neighbouring republic, of
which there was then no probability. The de-
monstrations of loyalty which this renewal of
hostilities brought out, nevertheless were grate-
ful to the government and to all loyal men ; it
contributed to confound distinctions of national
origin, and to bind all classes together in the
common cause, as brethren of the same great
political family, and was very creditable to the
Canadian people.
In reopening his parliament, on the 10th of
February, 1804, he again called upon them to
229
continue the two acts they had renewed at thi-
late short session. Beyond this there vvas^^
nothing of any moment in the speech. We ]8U4
shall, however, note a part : —
" Gentlemen of the legislative council, and gentlemen of
the house of assembly, — In proceeding to the consideration
of the several objects to which I have adverted as well as
such others as may come before you in the course of the
session, you will not fail to keep in mind the important
advantages which have resulted from the unanimity, as well
as from the energy with which the public affairs have been
conducted in the parent slate, and you will, I am confident,
be emulous of manifesting a like unanimity in the proceed-
ings of this provincial parliament.
" I have, indeed, in every session of the present parlia-
ment, had experience so satisfactory, of your dutiful affec-
tion to the person of our most gracious king, and your unre-
mitting attention to the interests of his government, that I do,
with the greatest reason, confidently rely upon a continuance
of them in the present conjuncture.
u I will do my part — I earnestly and strongly recommend
to you unanimity and vigour in the dispatch of public busi-
ness, and you will, I am assured, be desirous of proving to
your sovereign, that your hearty zeal for his service, and
your just concern for the security and prosperity of this pro-
vince, are incapable of relaxation and decline."
As the session advanced, it was found diffi-
cult to keep together a sufficient number of
members to carry on the business of the house,
and the quorum was consequently reduced to
twelve members, including the speaker. The
session ended on the 2d May, thirteen bills
being assented to, one for making a further
appropriation for encouraging the culture of
hemp. ,
The lieutenant governor gave the assembly
his " sincere thanks for the zeal and unanimity
u
230
chap, they had manifested in renewing the act for the
^better preservation of his Majesty's govern-
]8J4 ment, the alien and foundling acts, (by this
last, an appropriation was made towards the
relief of insane persons, and for the support of
foundlings, a provision afterwards continued by
vote of the assembly from year to year,) and
for the act encouraging the culture of hemp.
This was the last session of the third provin-
cial parliament, which thus parted with the
executive on the best of terms, returning to
their constituents loaded with its approbation,
and the consciousness, let us believe, still more
gratifying, of having done their duty.
The revenues of the last year (1803) were
£32,276, currency, and the expenditure £36,-
821, sterling, including £1340 to Upper
Canada.
The general election took place in July, for
this the fourth provincial parliament. The
legislature met on the 9th of January, 1805,*
* The members constituting the fourth assembly of Lower Canada,
were : — For the
Upper Town of Quebec, William Grant and J. A. Panet ; Lower
Town of Quebec, J. Young and Louis de Salaberry ; County of
Quebec ; P. A. De Bonne and M. A. Berthelot ; County of Northum-
berland, J. M. Poulin and Pierre Bedard ; County of Orleans, Jerome
Martineau; County of St. Maurice, David Monroand Michel Carron ;
County of Leinster, C. G. de Lanaudiere and J. Archambault;
County of Dorchester, John Caldwell and Thos. Taschereau ; County
of Effingham, Thomas Porteous and Andre Nadon; Borough of Wil-
liam Henry, Jonathan Sewell ; County of Kent, Frangois Vige and
Pierre Weilbrenner ; County of Warwick, James Cuthbert and Ross
Cuthbert; Borough of Three Rivers, L. C. Foucher and John Lees ;
County of Hampshire, J. A. Juch. Duchesnay and Joseph Planle ;
County of Buckinghamshire, Louis Proulx and F. Le Gendre ; County
of Devon, F. Bernier and Jean Bte. Fortin ; County of Richelieu,
Louis Bourdages and Louis Brodeur ; County of Cornwallis, J.N. Per-
231
and Mr. Panet being again chosen and confirm-
ed in the customary terms speaker of the J
assembly, the lieutenant governor recommended ^805
the renewal of the alien act and that for the
better preservation of his Majesty's government,
as necessary to the security and tranquillity of
the province, which was readily complied
with. Much of the time of the session was
absorbed in inquiries relating to contested
elections,
The navigation of the inland waters of the
province was, however, taken into considera-
tion this session for the first time. It was
resolved that its improvement would greatly
facilitate the intercourse with Upper Canada,
and increase the trade and navigation of both
provinces, and that the removal of certain
impediments in the rapids between Lachine
and Montreal, would greatly tend to that end ;
and that an attempt should be made to remove
the impediments in those rapids, and a sum
not exceeding a thousand pounds, currency,
appropriated for the purpose. That amount
was accordingly appropriated, but to little pur-
pose, unless to confirm the opinion now preva-
lent, that nothing short of a canal, long con-
templated, (and since accomplished,) could
It and Alex. Roi ; County of Huntingdon, J. Bte. Raimond and
Sir A M-Kenzie ; County of Montreal, Benjamin Frobisher and L.
Roi Portelance; East Ward of Montreal, John Richardson and J.
Marie Mondelet; West 'Ward of Montreal, James M' Gill and Louis
Chaboillez ; County of Surrey, Noel de Rocheblave and Jacques Car-
tier ; County of York, John Mure and Eustache L. Dumont, fils ;
County of Hertford, Louis Turgeon and Etienne Ferreol Roy ; Coun-
( v of Gaspe, George Pyke ; County of Bedford, -
232
chap, permanently overcome the difficulties present-
ed by those rapids.
^,7" A bill " to enable the seigneurs to compound
their feudal rights and dues with their vassals
and censitaires," was introduced but fell
through, from what cause is not apparent.
Several bills received the royal assent at the
close of the session, among them one for the
erection of common gaols in Quebec and
Montreal, and imposing duties upon the trade
exclusively, to defray the expenses of their
erection, a measure exceedingly distasteful to
the commercial world, who, it seems, petitioned
his Majesty to disallow it ;* and another for the
better regulation of pilots and shipping, and
improving the navigation of the St. Lawrence,
probably the most important of the session.
The trinity house was established by it, with
very important powers relating to the naviga-
tion of this noble river, and to the ports of
Quebec and Montreal.
A slight misunderstanding seems to have
. arisen between the lieutenant governor and
assembly, relative to an increase of salary which
. the latter were disposed to allow one of its
j officers, the french translator to the house. An
• address was sent up requesting his excellency
* This, " the Gaol's act," as it has commonly been called, impos-
ed a duty of two and a half per cent., upon goods, wares, and mer-
chandise sold at public auction; a duty of two pence a pound on bohea
Tea; four pence a pound on souchong; six pence on hyson, and upon
all other green teas, four pence. And an additional duty, t"
already existing, of three pence a gallon on all spirits or other strong
liquors, three pence on ail wines, arid two pence on mola
syrups.
233
would be pleased to take into consideration cha
the services of Mr. P. E. Desbarats, french IX
translator of the house, and make such addi-
tion to his salary as in his wisdom he should
see fit. To this he answered — " that however
he might feel disposed to accede to every
request of the house of assembly, he found
himself called upon in the present instance to
decline doing so, — and that he regretted the
necessity for remarking that when the usual
observances which tend to preserve a due har-
mony between the executive power, and the
other branches of the legislature were omitted,
he felt himself compelled to resist a precedent
which might lead to consequences so injurious."
This gave great umbrage to the assembly, who
immediately resolved (yeas 8, nays 7,) to go
into committee on the subject, but a message
from his excellency by the usher of the black
rod, requiring the immediate attendance of the
members in the legislative council prevented it,
and put an end to the session. He prorogued
the legislature, nevertheless, in terms of satis-
faction, assuring them that an earnest soli-
citude for their welfare would ever be a
prevailing sentiment in his mind, recommend-
ing them, " at all times and upon all occasions,
to keep steadily in view those sound principles
of loyalty and gratitude to our most gracious
sovereign, by which alone that genuine happi-
ness and that ample security they had hitherto
enjoyed under his paternal government, could
be effectually and permanently secured. The
u 2
234
. above was the first instance since the establish -
ment of the constitution to the present time, of
. the shadow of a misunderstanding between the
I executive and the assembly. What the " ob-
servances," which the assembly had " omitted"
were, does not appear by the journals of the
house.
The provincial revenue of the last year,
(1804) by the accounts laid before the assem-
bly this session, came to <£33,633, currency.
The civil expenditure to <£33,003, sterling.
Of this the lieutenant governor, Sir Robert
Shore Milnes, administering the government,
was in the receipt of £4,000, and the governor
in chief, Prescott (absent) £2,000 ; it included
also £ 1,272 to Upper Canada. The salaries to
the officers of the legislature now amounted to
£2519, currency, independently of the sum
stated as the amount of civil expenditure. The
expenses of the late election were £545,
currency.
The lieutenant governor sailed for England
on the fifth of August, in H. M. S. Uranie,
leaving Mr. Dunn, as the senior executive
councillor, to administer the government.
His excellency received an address from the
citizens of Quebec on his departure, but was
not a popular governor. The general opinion
of Sir Robert Shore Milnes, as far as one can
judge of it at this distance, ranks him as an
easy well-meaning man, with talents scarcely
above mediocrity, of no self-confidence what-
ever, and consequently easily influenced by the
235
irresponsibles about him, to whom he looked chap.
for advice.
It is worthy of remark that a new weekly T^T
paper, " The Quebec Mercury," exclusively
english, still extant and thriving, was set on
foot at the commencement of the present year,
in Quebec, by Thomas Gary, esqr., an english
gentleman, brought up to commercial pursuits,
and for several years previously established
in the province, of extensive information, and
editorial talents of the first order ; the poini and
pungency of whose pen we shall hereafter have
occasion to notice. Mr. Gary was patronised
by the trade, and remained editor of the paper
he had established, and conducted with ability,
until his decease, which took place in 1823,
regretted by a large circle of acquaintances,
and even by many of those to whose politics
he was, from principle, opposed.
The total of arrivals at Quebec, this year, from
abroad, was 146 vessels, burthen 25,136 tons.*
The following post office notice published in
The Quebec Mercury, of 2d December, 1805,
will give an idea of the mail communications
* The annexed comparative statement of arrivals and tonnage, at the
port of Quebec, up to the 22d November, in each of the years 1846
and 1847, from an authentic source, will contrast well with the
above : —
Vessels. Tonnage.
22d Nov., 1846— 1439, - - - 573,104
22d Nov., 1847— 1178, - - 474,486
Less this year, 261, - - - 98,618
— from the " Morning Chronicle," Quebec, 22d Nov., 1847.
236
chap, at this time, with England and the neighbour-
J^ ing provinces : —
1805. The winter Mails for England via Halifax, will be
closed on the following days, viz : —
On Wednesday <27th Nov.
Do. ' 26th Dec.
Do. 22d Jan.
Wednesday, 18th Feby.
Do. 19th March.
Do. 16th April,
and on Wednesday, 24th May, first fortnight trip.
The Mails for Upper Canada, will be despatched on the
following days, viz: —
Monday, 29th instant,
Do. 16th Deer.
Do. 13th January,
Quebec, 20th November, 1805.
Monday, 10th February.
Do. 10th March,
Do. 7th April.
237
CHAPTER X.
Mr. Dunn, president and administrator of the government —
convokes the parliament — topics of the speech — crusade
against the freedom of the press — Isaac Tod and Edward
Edwards voted guilty of breach of privileges of the assem-
bly — Thomas Gary in like manner — gaols bill of previous
session, and proceedings with respect to it — address on the
subject to his Majesty — transmitted through the presi-
dent — remark of his honor on receiving the address —
assembly take umbrage —president in proroguing expresses
dissatisfaction that business had not been despatched,
owing to non-attendance of members — revenue and ex-
penditure of 1805 — " Le Canadien," established — its
purposes — anecdote — meeting of parliament in 1807 —
speech —favorable address of the assembly in answer —
miscellaneous matters during the session — death of Mr.
Lees, member for Three Rivers, and election of Ezekiel
Hart, esquire, in his stead — prorogation — re venue and
expenditure for 1806.
assumed the government, as pre- ChaP.
sident and administrator, on the 31st July, x-
l§25> Sir Robert Shore Milnes having admi-
nistered it six years, day for day. He convok-
ed the parliament for the 22d February. 1806,
and on opening it congratulated the country on
the victory gained by his Majesty's fleet over
the combined fleets of France and Spain, off
Cape Trafalgar, on the 21st October last,when
nineteen of the enemy's line of battle ships
surrendered ; and also on the subsequent
action off Ferrol, on the 4th November, in
238
chap, which four french ships of the line were cap-
x- tured by an equal force; victories which
placed Great Britain and her colonies in a state
of perfect security from the meditated attempts
of the most ferocious enemy she ever had to
contend with. " But although we are thus, by
the blessing of divine providence, and the power
of his Majesty's arms protected," — said the
president — " from the danger of external attack,
I make no doubt but your prudence and loyalty
will induce you to renew those temporary acts
which,during the last as well as the present war,
have been deemed expedient for the better
preservation of his Majesty's government, and
the internal tranquillity of the province, though
happily very few instances have occurred in
which it has been found necessary to put them
in force." This was suitably answered in the
address, the assembly assuring him they would
renew the acts.
The first crusade against the freedom of the
press, by the assembly of Lower Canada, took
place this session, and ought not to pass unno-
ticed. An article in the Montreal Gazette,
No. 503, dated "Monday, April 1st, 1805,"
printed by " E. Edwards" was, on motion of
Pierre Bedard, esqr., voted, by a majority of
16 to 6,* " a false, scandalous, and malicious
* The division was as follows: — Yeas, Messieurs Fortin, Ferreol
Roy, Carrori, Weilbrenner, Martineau, Turgeon, Tascheroau, Alex-
ander Roy, Lussier, Bedard, Bourdages, Le Gendre, Berthelot, DC Su-
laberry, Plante and Proulx,— 16.
Nays, Messieurs Richardson, Pyke, Mure, Roy Portelance, Fro-
bisher and Young, — 6.
239
libel, highly and unjustly reflecting upon his chap.
Majesty's representative in this province, and^J^
on both houses of the provincial parliament, isoe.
and tending to lessen the affections of his Ma-
jesty's subjects towards his government in this
province." — A " committee of seven members
was, therefore, appointed to enquire into the
authors, printers and publishers of the said
libel." They reported Edward Edwards to be
the printer of the paper in question ; and " that
it appears to this committee that Isaac Tod,
esquire, of Montreal, merchant, was president
at a dinner given at Montreal, in the month of
March, 1805, in Dillon's tavern, by the mer-
chants of that city, to the representatives of the
town and county of Montreal, and that he there
gave the sixth, seventh, eighth, ninth, tenth,
eleventh, and twelfth toasts inserted in the said
printed paper," and which constituted the
" libel."f
f The following are the toasts on the occasion alluded to: — 1. The
Kins. 2. The british empire ; and may the people of this province
be impressed with a grateful sense of the happiness aad advantages
they derive from being a part of it. 3. The lieutenant governor and
prosperity to the province. 4. General Hunter and prosperity to
Upper Canada. 5. The navy and army. 6. The honorable mem-
bers of the legislative council, who were friendly to constitutional
taxation, as proposed by our worthy members in the house of assem-
bly. 7. Our representatives in provincial parliament, w?ho proposed
a constitutional and proper mode of taxation, for building gaols ; and
who opposed a tax on commerce for that purpose, as contrary to the
sound practice of the parent state. 8. May our representatives be
actuated by a patriotic spirit, for the good of the province as depen-
dent on the british empire, and be divested of local prejudices. 9.
Prosperity to the agriculture and commerce of Canada, and may they
aid each other, as their true interest dictates, by sharing a due pro-
portion of advantages and burthens. 10. The city and county of
Montreal and the grand juries of the district, who recommended local
assessments for local purposes. 11. May the city of Montreal In?
240
Pursuant to this, it was resolved by the house,
motion of Mr. Bedard, " that Isaac Tod,
I80i- esquire, merchant, of the city of Montreal,
' having published the libel mentioned in the
resolutions of this house, at a dinner given at
Montreal, in the month of March, 1805, in
Dillon's tavern, by the merchants of Montreal,
to the representatives of the city and county of
Montreal, where he was president, is guilty of
a high breach of the privileges of this house,"
—and " that the said Edward Edwards, hav-
ing printed the said libel, is guilty of a high
breach of the privileges of this house." —
These two gentlemen were accordingly order-
ed to be taken into custody of the sergeant at
arms, but not being found by his deputy who
went to Montreal in quest of them, the matter
was dropped. The dinner given to the repre-
sentatives of the city and county of Montreal,
was, it seems, in approbation of their opposi-
tion to the " gaols bill" of the previous session,
unpopular with the merchants, as providing the
enabled to support a newspaper, though deprived of its natural and
useful advantages ; apparently for the benefit of an individual. 12.
May the commercial interest of this province have its due influence
on the administration of its government. 13. The fair sex, being the
great spur to our pursuits, and the prize of our industry.
A correspondent of the Quebec Mercury, observes : — " The
foregoing toasts were given by Mr. Tod, who was president ; and
:!:e band played at intervals and apropos — God save the King —
Rule Britannia — Roast beef of old England — The conquering hero
comes — Britons strike home — Heart* of oak — The staunch man of the
mill, and the myrtle of Venus. Upwards of fifty of the first people of
the place were present, on this occasion ; and I am sure none of them
ever dreamed of acting wrong, or contrary to the constitution of the
; country." How, indeed, these patriotic sentiments could give offence
to the assembly, morbidly sensitive, it would seem, and be construed
by it into libel, is at this time of day, difficult to conceive.
241
ways and means upon the commerce of thechap.
country, for defraying the expenses of the new^
gaols. 18(«.
The proceedings of the assembly, on this
matter, gave occasion to Mr. Gary, the editor
of " The Quebec Mercury" to make some
remarks upon them while in progress, which
brought down upon him also the indignation of
the house. The following are extracts from
the journals of the assembly,of the 1 1th March,
1806, relating to the matter : —
<c A complaint was made to the house by Mr. Berthelot,
in his place, that Thomas Cary, editor of the " Quebec
Mercury," had in his paper of yesterday, presumed to inter-
meddle in the proceedings of this house. Mr. Berthelot
then laid upon the table a printed paper, with several pas-
sages pointed out therein, and desired that the said passages
might be now read by the clerk, which being objected to by
several members, debates arose thereon, and Mr. Speaker
having refused to cause this complaint to be entered upon
the journal otherwise than by motion.
" Mr. Berthelot moved, seconded by Mr. Bourdages,
" That an entry be made on the journal of this house,
that he had complained to the house, that Thomas Cary,
editor of the paper intituled " The Quebec Mercury," had
in his paper of yesterday, undertaken to render an account
of the proceedings of this house, and that he had desired the
same might be read by the clerk.
" The house divided upon the question, and the names
being called for they were taken down as follows, viz : —
" Yeas — Messieurs Ferreol Roy, Alexander Roy, Fortin,
Weilbrenner, Lussier, Martineau, Proulx, Le Gendre, Car-
ron, Taschereau, Poulin, Turgeon, Bedard, Berthelot, De
Salaberry, Plante and Bourdages.
" Nays — Messieurs Richardson, Moore,Caldwell, Monro,
Young, Mure, and Roy Portelance.
X
242
Chap. " And the same being carried by a majority of ten votes,
X. it was ordered accordingly.
•— ^ " Ordered, that Thomas Gary, editor of the newspaper
1806. intituled, " The Quebec Mercury," for undertaking in his
paper of yesterday, to give an account of the proceedings of
this house, be taken into custody of the serjeant at arms
attending this house."*
Mr. Gary, by petition to the assembly, hav-
( ing expressed his regret at the publication by
* The articles at which the assembly took offence are the follow-
ing : — " We beg leave to direct the attention of our readers, in a par-
ticular manner, to a paragraph, in page 77, of this paper, under the
head of FRENCH INFLUENCE. It is certain that nothing could be
more gratifying to our arch-enemy and the french nation, than a pro-
hibition on our presses. The usurper well knows the wholesome
truths they teach — how strongly they inculcate a hatred of tyranny ;
how ardently they cherish that noble, that inspiring passion, a love
of country, whence every briton so sensibly feels that the cause of
his country is his own. We cannot forget the efforts of the tyrant fo
curb the presses, in England, just before the breaking out of the pre-
sent war. May his influence never extend to us ! We know ourselves
to be beyond the reach of his arms ; but where will not Italian art
and french cunning insinuate themselves.
" The resolve of the house of assembly on Friday, on the subject
of a libel, in the Montreal Gazette, relates to some toasts given at a
i public dinner, and published in that paper. The mover, we hear,wa3
Mr. Bedard. All the old subjects, in the house, with Mr. PorteJance,
voted against the resolve. If the object be to charge the printer with
a breach of privilege, and to call him from his family and business,
we are extremely sorry for it, because we think it must give rise to
unpleasant investigations of the rights and powers of the house. The
divison on the resolve was— ^for 16, against 6.
" FRENCH INFLUENCE. — " In the ' Secret History of Europe,' an
old and scarce book, we have read some remarks, by which it would
seem that the french nation supported the same character formerly
as at present. < Tis observable,' says the writer, ' that wherever the
french are concerned, they are very uneasy at the liberty of free
states, which will not admit the tying up of the tongue ; and locking
up of the press, as is done where their tyranny is predominant. This
needs no comment. ' Wherever french councils prevail ; there fol-
lows immediately a spirit of persecution and cruelty. ' — ' But the
french faction were always ready to load their opponents with the
very crimes they only could be guilty of.' "
These remarks were at the time, and under the circumstances, per-
haps, indiscreet ; but certainly not worth the indignation which the
assembly evinced on the occasion.
243
which he had incurred the displeasure ofthecjhap.
house, was immediately released. But even at./
the time, it was thought the assembly would Jsoe.
have acted far more wisely in taking no notice j
of the matter than in taking it up, which seem-
ed to all the world more like an attempt to
overawe the press, than in vindication of their
privileges, and was scouted accordingly.
It has been previously mentioned that the
" gaols' bill" had given dissatisfaction to the
commercial community, and that the king had
been petitioned to disallow it. This, by the
constitutional act, was a power specially re-
served to his Majesty, who, at any time within
two years next after a bill had received the
royal assent in the province, could, by disal-
lowing, render it a nullity. It was from the
agitation of this matter that the Montreal din-
ner and obnoxious toasts, deemed libels by the
assembly, had proceeded. It was now, in con-
sequence of the exertions which it was under-
stood had been made on the part of the trade,
to induce the government at home to advise
the king to disallow this act, determined by the
assembly to address his Majesty on the sub-
ject. As the two main interests, commercial
and agricultural, (the conflict was merely be-
tween these, for the idea of nationalite, had not
yet started,) of the province came in contact
in this matter, — and, indeed, have never since
to the present day been reconciled, — each
maintaining that the other should bear the
expenses of erecting the new gaols, it may be
244
chap, well to bestow some attention upon it, and
• hear their respective reasons, which we give
1806. as we find them recorded in the journals of the
assembly : —
" Mr. Bedard moved, seconded by Mr. Berthelot,— That
a committee of nine members be appointed to prepare a
loyal, dutiful, and humble address to his Majesty, — humbly
lo beseech his Majesty that he will graciously be pleased to
receive the supply offered by the assembly of his province
of Lower Canada, by the act passed in the forty-fifth year of
his Majesty's reign, intituled, " An act to provide for the
erection of one common gaol in each of the districts of
Quebec and Montreal respectively ; and the means for
defraying the expenses thereof;" and that he will be pleased
to give his royal assent to the said act : to assure his Ma-
jesty of the loyalty of his faithful subjects in this province,
of their zeal to maintain his benign government, of the lively
gratitude they entertain for the prosperity of this province,
and the advancement of its population and agriculture,
arising from the powerful effects of his paternal protection ;
blessings which they look upon as the most solid basis of
support to its defence and commerce; and which the assem*
bly, by adopting the tax contained in the said act, did not
wish to discourage : together with a memorial containing the
reasons which induced the house to prefer the mode resorted
to, in preference to a tax upon lands.
" Mr. Richardson moved, seconded by Mr. Mure, to
amend the motion, by leaving out all the words thereof,
after the word " Majesty," in the first part of the third line,
and to substitute the following, — " Humbly to assure his
" Majesty, that this house being now fully sensible of the
" propriety of adopting the wise practice of the mother coun-
" try, in respect to taxation, do therefore deeply regret that
" they did not yield to the very strong reasons adduced for
" adopting such practice, in preference to the principle laid
" down in the act passed last session, intituled, " An act to
" * provide for the erecting of one common gaol in each of
" ( the districts of Quebec and Montreal respectively,
" c and the means for defraying the expenses thereof/ —
" which they now feel by the experience of its operation, has
245
" imposed an insupportable burthen upon commerce, a
" really injures agriculture through -the medium by which X.
" they intended to encourage it: and further to entreat his*-^^-
u Majesty that as the means of immediate redress are now 1806.
u out of their power, by the act having passed the three
" branches of the provincial legislature, his Majesty will be
" graciously pleased to apply the constitutional remedy of
" his royal disallowance of the said act."
The proposed amendment was rejected, and
the main motion carried by a majority of 13
to 6.
An address and memorial to the king was
drawn up by the assembly, explanatory of the
motives that had influenced them in adopting,
in preference to a land tax, the mode of taxa-
tion contained in the " gaols' act," for the erec-
tion of those establishments.* This was taken
* The following is the address : —
" We, his Majesty's most dutiful and loyal subjects, the represen-
tatives of Lower Canada, in assembly met, humbly approach the
throne, with hearts rilled with loyalty and attachment to your sacred
person, your family and government.
" We humbly beg your Majesty to be assured of the loyalty and
fidelity of your people of Lower Canada, and of their zeal for the
support of your Majesty's benign government.
'; It is with the most lively gratitude, we feel in common with
your other subjects in this country, the powerful effects of your Ma-
jesty's paternal protection and of your government, on the prosperity
of this province and on its progressive population, agriculture and
commerce. But above all we cannot fail expressing to your Majesty,
the pleasure we experience by contemplating in the advancement of
its population and agriculture, the increase of that fund which is the
most permanent support of its commerce, and of the means of defence,
which must insure to iis a continuance of the happy effects of your
Majesty's government.
" It is in the confidence of the importance of these objects and of
your Majesty's paternal care, to defeat whatever is opposed to them,
that we have, in the unadvanced state of this province, thought it our
duty to prefer to a land tax, the means adopted in the act now submit-
ted "to your Majesty's approbation, intituled, " an act to provide for
the erecting of a common gaol in each of the districts of Quebec and
Montreal respectively, and the means for defraying the expenses
thereof." And we could not learn that the merchants of this country
x 2
246
up by the assembly, with the speaker at their
head, to the president, with an humble address
1S(M- to him, in the following terms: —
" We his Majesty's dutiful and loyal subjects the repre-
sentatives of Lower Canada, take the liberty of soliciting
had taken the means to obtain your Majesty's disallowance thereto,
without conceiving it our duty to submit to your Majesty the motives
•which induced us to offer you the supply proposed by this act, and
our humble prayers that it may not be disallowed.
" We therefore humbly beseech your Majesty, that you will graci-
ously be pleased to receive the supply offered by this act, and to with-
hold your royal disallowance therefrom.
" Your Majesty's dutiful and loyal subjects, from the reiterated
experience of your constant attention to their happiness, have every
reason to hope that their application, the object of which is ardently
desired by the people of this province, may meet with success.
11 And as in duty bound, your Majesty's faithful subjects will ever
pray for the honor, preservation and prosperity of your Majesty's
sacred person, your family and government."
" MEMORIAL, containing the motives which led the assembly of Lower
Canada, to adopt in preference to a land tax, the mode of taxation
contained in the act of the provincial parliament of Lower Canada,
passed in the 45th year of his Majesty's reign, cap. 13, intituled.
" an act to provide for the erecting of a common gaol in each of
" the districts of Quebec and Montreal respectively, and the means
" for defraying the expenses thereof.'"
" The assembly considered that there was no comparison to be
made between this country and Europe as to the propriety of a land tax.
" In the mother country and other countries of Europe, where agri-
culture has brought lands to nearly the same value, a territorial bur-
then bears proportionally on the property of the subject, whereas in
Canada, where agriculture is in the commencement of its progress,
the lands are in such disproportion that a tax on them at so much an
arpent as was proposed, would have been the most unequal, as in that
case, the person whose soil was worth only six-pence per arpent.
would pay as much as him whose landed property is worth sixty
pounds an arpent ; a disproportion not likely to happen in Europe, but
nevertheless real and even common in Canada.
" This tax would bear chiefly on those who begin to open lands, as
they are generally possessed for the greater part of such lands which
are of little value. These new settlers, whose labour is so precious
to the province, and whose efforts tend to encrease its real value and
soil, the most certain basis of its commerce, would be saddled w;ih
the greatest part of the burthen at the time wrhen they should receive
every encouragement.
•• A tax on the estimated value of each farm would be equally
impracticable ; the charges of appraisement and collection would be
247
your honor upon a subject of the utmost consequence to Chap,
this part of his Majesty's dominions. X.
" Having been informed, that the merchants of this ^^>
country have adopted means to obtain his Majesty's 1806,
disallowance of the act passed in the last session of the
more burthensome than the tax itself. The vexations that accompany
such a species of tax, left to the discretion of individuals against
whom the oppressed poor cannot often obtain justice, induced the
assembly to believe that it would be contrary to the spirit of the con-
stitution which the mother country has granted to this province. The
odious and tyrannical aspect that such a tax would exhibit, would
alone be capable of diminishing those ideas of the blessings which the
Canadians experience under the paternal protection of his Majesty,
and under their happy constitution. — The present evil, although slight,
would be looked upon as the signal of some sinistrous change, and
would be augmented by apprehensions of what was yet to happen. —
The comparison they now make of their happy situation with that of
the neighbouring states would no longer strike them so forcibly.
" The tax or assessment on lands now practised agreeable to the
ancient laws of the french government for the erection of churches ,
furnishes us with an example of the inconveniences that would attend
a territorial tax ; for although this assessment is only resorted to in
parishes already established and of old standing, wherein the value of
lands is less unequal, the new settlers therein suffer much imposition,
as their means are measured -by those of the old inhabitants, who
being the greater number give law to them. These assessments,
although very hard in many cases, are far from producing the bad
effects which a tax imposed by the provincial parliament would
have, for the particular nature of their object, and the known origin
of the laws from whence they proceed, removes from them every
idea of a tax imposed by the present government, and every appre-
hension of the like in future ; and impresses them altogether with
very different ideas to what a tax imposed by the present government
would give rise to.
" Such are the motives that led the assembly to believe that gene-
rally, from the unadvanced state of this province, a land tax would
be impracticable.
" In the present case, the proposed tax appeared altogether unjust ,
as the inhabitants of the towns, whose riches consist in moveable
effects, would have been totally exempted from contributing to the
building of prisons, which are particularly necessary for securing
their property.
" The assembly considered generally, that an impost upon
commerce, and particularly upon objects, such as those that are
taxed in the aforesaid act, was the most just, the least felt, and
the repartition the most equal.
•• The complaints of the merchants against this impost are
unfounded, as it is a well known principle, that the consumer
pays ultimately and that the merchant only advances the money
248
Chap, provincial parliament, intituled, " An act for the erection of
X. a common gaol in each of the districts of Quebec and
^— ~ Montreal respectively ; and the means for defraying the
1806. expenses thereof," We have conceived it incumbent upon
us, humbly to submit to his Majesty, the motives which
in the mean time. — The act in question facilitates this advance in
such a manner, as to take away from the merchant every real
subject of complaint.
" It has been objected that the merchants labour under more
disadvantageous circumstances in this country than else-where on
account of the duties, because they cannot re-export their com-
modities from hence to other markets. This circumstance, in lieu of
being a disadvantage to them, appears in their favour, for it gives
them the power of regulating the commerce of the country, and
making the consumer pay the duty.
" If merchants imported goods to this country to re-export them
to other markets where they would experience a competition with
foreign merchants, who are not liable to pay the same duties, they
would then be exposed to lose those they would have paid in this
country : but as they can meet with no competition here but from
traders, who pay the like duties as themselves, they are certain, by
importing no more commodities, than the country can consume, of
not paying the duty ; and if they import too great a quantity, the
evil is not to be imputed to the duties but to their own imprudence.
" The project of a land tax for building prisons, originated with the
representatives of Montreal, at which place the company of merchants
reside, who carry on the fur trade in the Indian countries to the
north west. If in a certain sense it is true that these merchants pay
the impost upon the effects which they re-export to these countries,
it is because using the power they hold of getting the highest
possible price in a place where they meet with no competitors, they
cannot add the amount of duty so paid by them.
" The assembly respect this trade, however contrary it may be to
the population of the country, and to the advancement of its Agri-
culture, on account of the benefits supposed to arise from it to the
empire in general; but did not conceive it necessary wholly to
sacrifice to that trade the dearest interests of the country, particularly
those of its population and agriculture, which holds forth more
certain grounds for its commerce and defence than the fur trade.
" Much has been said about the prisons being local objects and
that on that account they should not be provided for by a general
impost. This objection was only a pretext for obtaining a land tax,
which according to the ideas of the Montreal merchants, was the
only one that could be put in practice in each separate district. The
assembly would not have imposed the impost being put upon the
trade of each particular district, if the merchants had preferred it,
but it was found that their opposition was not the less against the
tax upon commerce in either shape as their view was to get it put
upon the lands. No just reason could operate for the tax being put
249
induced the assembly to adopt the mode of taxation con- Chap,
tained in the said act, and to expose to his Majesty by X.
humble address and petition our prayers, that he may ^~
graciously be pleased to accept the supply offered to him 180*>-
by that act and not give thereto his royal disallowance.
" The attention of your honour to the interests of the
empire and of this colony, and your good will towards us,
give us reason to hope you will acquiese in our present
request, that you will be pleased to transmit to the foot of y
the throne, an humble petition to his Majesty and the
memorial, containing the motives which induced the
assembly to prefer, to a land tax, the mode of taxation
adopted in the aforesaid act."
To this Mr. Dunn answered: —
" Gentlemen, — Not having until this moment, had com-
munication of your humble memorial, address, and petition
to his Majesty, I can only say, that you may depend on my !
transmitting them by the first opportunity, to his Majesty's
secretary of state, for the purpose of their being laid at
the foot of the throne, unless on a deliberate perusal
thereof, any part should appear to be exceptionable, in
which case I shall acquaint you therewith by message, on
Monday next."
This gave some umbrage to the assembly,
which, from an oversight probably, had omitted I
upon each separate district, for the district of Three Rivers was
already provided with a prison which it had not separately paid, and
the districts of Quebec and Montreal, having the same need of
prisons, the mode resorted to appeared to be the fairest.
Besides, such a separation did not appear more necessary for the
building of prisons than the erection of court houses and other
expenditures attending the administration of justice in these districts :
and a proof that the same strictness relating to local objects is not
always attended to, the province is daily incurring expenses for
matters which if scrutinized with an equal jealously, would appear
as much of a local nature as the prisons : such for example as the
expenses voted for the road of communication with Upper Canada,
and the improvement of the rapids in the falls of Saint Lewis, which
particularly tend to the advantage of the Montreal trade, and the
result whereof will increase that opulence which already suggests
to it, ideas of a separation in regard to taxes.
chap, previously to communicate a copy of the ad-
x- dress to the president, who deemed himself
1806. entitled to a communication of its contents,
before pledging himself to its transmittal, and it
accordingly resolved itself into a committee
, to take into consideration the president's an-
swer. Some debates arose, but the house
adjourning for want of a quorum, the matter
was not resumed. The act was not disallowed
by the king, and the gaols at Quebec and
Montreal were consequently built by means of
the duties imposed by it on the trade, and
which, affording a considerable revenue, were
afterwards continued and made available
towards the defence of the province, during
the war with the United States.
The president prorogued the session on the
19th of April, with some expressions of dissa-
tisfaction that " the necessary business" of it
had not been completed, which he was " of
opinion would have been the case had not
so many members declined giving their custo-
mary attendance. But," — added he, — " whilst
I lament with reason, a want of zeal on
their parts, for the public service, my best
thanks are due to you, gentlemen, for the ready
attention you have paid to those objects which,
at the opening of the session, I recommended
to your notice.
The accounts of the previous year, (1805,)
laid before the assembly this session, shewed
a revenue of £47,153, currency. The civil
expenditure of the year came to c£35,4G9,
251
sterling, including £2,000 to general Prescott, chap,
(absent) and £3,406 to Sir Robert Shore J^
Milnes. To this is to be added the sum of
£2,604, currency, for salaries to the officers of
the legislature, which still exceeded by £869,
the revenues appropriated for defraying them.
During the summer, 191 vessels, chiefly
square-rigged, measuring per register 33,474
tons, from parts beyond sea, entered at the
custom-house, Quebec. Exclusive of these, a
great number of coasters were continually
employed between Quebec and the bays of
Chaleurs and Gaspe, coast of Labrador, the
king's and other posts within the gulf and river
St Lawrence. Ship-building also, to a consi-
derable extent, was now carried on at Quebec.
The first number of " Le Canadien" a
newspaper, entirely in french, issued in Novem-
ber of the present year, in Quebec, from a
small press procured for the purpose, by the
contributions of several Canadian gentlemen,
with the professed intention of vindicating the
french Canadian character, frequently aspersed,
as they deemed it, by a press of the other lan-
guage, in Quebec, and to repel the constant
assaults from it, of which they believed they
had cause to complain ; and to instruct their
compatriots in their duties and rights as british
subjects under the constitution ; in themselves
just and commendable purposes. But it far
exceeded these, by constantly appealing to
national prejudices — subversive of the harmony
which until then had prevailed between the
252
ivvo races, 'and with it commenced the Teign of
x- agitation and discord which afterwards unhap-
~~~ pily distracted the province. It was from the
outset, anti-executive in politics, anti-commer-
cial in its doctrines, and, indeed, anti-british in
spirit, treating as anti-canadian every thing
british in the colony, and the british immigrants
and population as " ctrangers et intrus,"-
strangers and intruders. It was, however, con-
ducted with ability, became popular, and gave
umbrage and uneasiness to the government,
which, as we shall observe in the sequel,
put it down with a strong hand, and in a
manner, however necessary it may have
been deemed at the time, by the executive,
not yet moulded into " responsible govern-
ment," assuredly altogether irreconcileable
A ^] with english notions, ancient or modern,
y/r* \j-of civil liberty and the freedom of the
I press.*
* Though, somewhat before the time, it may not be out of place to
relate here an anecdote in relation to that paper, both as explanatory
of the motives for its establishment, from one of the concerned, and
as characteristic of this frank old soldier, but rather peremptory
civil governor, which the reader may digest until we introduce him
to the stern viceroy in person.
In consequence of perquisitions by the executive, some eighteen or
twenty months after the establishment of » Le Canadim," as to the
proprietors or persons upholding the press whence it issued, it was
ascertained that among them, Mr. Plants, a notary of respectability,
at Quebec, holding the official situations of " clerk of the terrars,"
and " inspector general of the king's domain," was one. This gentle-
man was accordingly dismissed, sans ceremonie, from his offices.
In a remonstrance to the governor's secretary, requesting an audi-
ence of his excellency on the occasion, he stated in a letter, written
in french, which, for the convenience of the english reader, is here
translated, that — " The paper" (Le Canadien,) " to which you allude,
was established in consequence of the calumnies and injuries heaped
by another paper habitually, upon the assembly and principally upon
,
253
Mr. Dunn being still unrelieved of the govern- chap.
ment, met the legislature on the 21st January,^;
1807. He observed to them that the act con- igor"
ferring on the colony its invaluable constitution,
having enjoined the annual meeting of the legis-
lature, it had again become his duty, owing to
the absence of the governor and lieutenant
governor, to call them together, and he felt
confident that they would cheerfully continue
the same laudable endeavours which they had
those who had voted in it against a land tax. I was, in truth, one of
those who feeling those imputations to be unmerited, favored the
establishment of this paper, to have the means of defending my cha-
racter, and that of many others who were assailed. I never have
been the redact eur of it, nor meddled with it in any way.. I have
disapproved highly and still disapprove many articles published in it
concerning the government, but I am not more than you, sir, the
master to prevent their publication. If I were, you should never
have seen them." This letter was followed up two or three days
afterwards, by a deposition on oath of the editor, that during his
editorship, i. e. from the beginning of February, 1807, to March,
1808, Mr. P. had no part in its direction, nor written any thing that
had appeared in it against the administration of the government.
Whether Mr. Plant6 was admitted to the audience he requested,
does not appear, though it is probable he was ; but the following is
the answer given him on the occasion, by command of the governor,
Sir James Henry Craig, whose autograph on the subject is still
extant : — " Mr. Plante to be told that I have in no respect altered my
opinion relative to his conduct towards his Majesty's government.
His duty as a servant of the crown should have led him to take effec-
tual measures to prevent the possibility of the publication in question,
having the sanction of his name. The very circumstance which he
alleges of his having expressed his disapprobation of the publication
as it has appeared of late, proves his intimacy with those who did
encourage and direct it, and points out the necessity he was under of
taking the step I have mentioned. The anxiety which Mr. Plante
shews to exculpate himself, however, gives me grounds for believing
that he is sensible of the indecency and dangerous tendency of such
licentious writings ; trusting, therefore, to his own feelings on the
occasion, and in the hope that in future, without neglecting his duty
to the public, he will, nevertheless, bear in mind what he owes to the
crown, I am willing that he should continue in office, the loss of
which, I understand, would be much felt by a numerous family."
Though arbitrary, he was far from implacable and not destitute of
the milk of human kindness. But we are, perhaps, forestalling.
Y
254
chap, hitherto exerted with such good effect, for pro-
^moting to the utmost, the welfare of the
province.
That their experience of the utility of the
several temporary acts in force, rendered it
unnecessary for him particularly to recommend
the renewal of them, and that he was sensible
it would be doing them injustice were he not
to rely on their adopting, with zeal and unani-
mity, such other measures of a legislative
nature, as the public interests might require.
He was particularly happy in having occa-
sion again, to congratulate them on the brilliant
success of his Majesty's arms. The conquest
of the Cape of Good Hope, so highly advanta-
geous to the interests of the british empire in
the East Indies, and the repeated victories
gained by a small number of british forces,
under the command of Sir John Stuart, in
Calabria, were among the most important events
of the last twelve months, and in proportion as
they contributed to the splendor and stability
of the british empire, they would, under the
blessing of divine providence, tend to secure
to this part of his Majesty's dominions, the
solid advantages of freedom and tranquillity.
The assembly heartily responded to the vene-
rable and respected president : — " It is highly
flattering to us," — said they—" that this meet-
ing of the legislature, enjoined by our invalua-
ble constitution, and in the absence of the
governor and lieutenant governor, should take
place during your honor's presidency, since
255
another opportunity is thereby afforded, of ren- chap.
dering to your honor that tribute of gratitude^
which your conduct, during so long a residence 18o7.
amongst us, so justly merits." A more grati-
fying and disinterested encomium could not be
offered, bespeaking alike the worth of Mr.
Dunn, an english gentleman who had come to
the country, shortly after the conquest, in mer-
cantile pursuits, and resided in it from that to
the present time, and the just appreciation of
character and friendly disposition, on the part
of those with whom he had thus lived on the
best of terms, equally creditable to him and to
them. " Having experienced," — they added —
" the utility of the temporary laws now in force,
your honor may rely on their being renewed,
and we hope that you will have no cause to
regret your public and honorable testimony of
confidence in our legislative proceedings."
An effort was this session made towards
obtaining <c an allowance for defraying the ex-
penses of the members of the assembly who
reside at a distance from Quebec," but the
subject was disposed of (16 to 14,) by a post-
ponement. The house also took into conside-
ration the expediency of having an authorized
agent, resident in Great Britain, for the pur-
pose of attending to the interests of the pro-
vince, when occasion should require, and
determined that it would be highly advantage-
ous to have such, legally authorized and
resident there.
Mr. Lees, one of the members representing
256
chap, the town of Three Rivers, dying in the course
^ of this session, a writ had issued for the election
1807. of a member to succeed him, and Mr. Ezekiel
; Hart, a merchant and old and respectable inha-
bitant of the town was duly returned, but the
return not being made until the last day of the
session, he did not appear to take his seat, before
the beginning of the next session. Mr. Hart was
a jew, highly esteemed by his neighbours and
his fellow-townsmen, as a man of reproach-
less life and upright character ; but the good
Christians of the assembly, nevertheless, took
exception at his religion, as will be seen in the
"following chapter.
The assembly continued the alien act, and
the act for the better preservation of his Ma-
jesty's government for another year, and passed
also a variety of others unnecessary to be
detailed. The business of the session having
been diligently followed up and brought to as
favorable a close as could have been desired,
the president prorogued it on the 16th April,
warmly thanking the members for their zealous
attention to the despatch of the public business.
" I feel it in a particular manner incumbent on
me to remark," — said his honour, — " that a
more laudable spirit has never been manifested
since the establishment of our present form of
government, than that which I have had the
high satisfaction to observe in the bringing
forward the principal acts of this session ; and
I consider this as an indubitable proof of a sin-
cere devotion to the best of sovereigns, and a
257
just sense of the blessings resulting from our chap
invaluable constitution."
During this summer there were serious ^go?
apprehensions of a war with the United States,
whose interests were suffering between the
two great belligerents of Europe. The feeling
of hostility throughout the republic, was aggra-
vated by the affair between the Leopard and
Chesapeake, in which the former, commanded
by captain Humphreys, pursuant to orders from
his superior officer, admiral Berkeley, on the
Halifax station, to recover certain deserters
known to be on board the latter, though denied
by her commander, commodore Barron, hadH
fired upon and momentarily taken possession
of for the purpose of searching her, and had
taken from her four deserters, unhappily killing
six and wounding twenty-one, as it was said
by the american accounts, of the Chesapeake's
crew in the enforcement of her orders.
This state of public feeling among our neigh-
bours, who talked of walking into Canada as
a matter desired by the inhabitants, and conse-
quently of easy and welcome accomplishment,
particularly to the natives, it was deemed by the
president, Mr. Dunn, necessary to meet, by
a counter demonstration of the public pulse in
Canada, on the same subject. He accordingly,
towards the end of August, by a militia general
order, gave directions for draughting by ballot
or otherwise, a fifth part of the whole militia of
the province, with orders to hold themselves
in readiness to march whenever it might be
Y 2
258
found expedient — The command was no sooner
given than accomplished. Never was order
obeyed with more cheerfulness, alacrity, and
patriotism than it, by all classes of his Majes-
ty's subjects, and not to obedience merely, but
to emulation. The roman catholic bishop,
monseigneur Plessis, issued a mandement or
pastoral letter, on the occasion, which was read
in all the churches of his diocese, and a te
deum sung in each throughout Lower Canada.*
* The following is the general order issued, after the ballot, on the
occasion : —
" CASTLE OF ST. LEWIS, Quebec, 9th Sept., 1807.
' The president and commander in chief of the province having
received the returns of the militia who have been commanded, under
the general order of the 20th August, to hold themselves in readiness
for actual service ; having also received from the commanding officers
of battalions in the districts of Quebec, Montreal and Three Rivers, a
detailed report of the spirit and disposition manifested by their respec-
tive corps, feels it incumbent on him, in the most public manner, to
express his perfect approbation of the conduct of the whole of the
militia on the present occasion ; with the exception only of some few
individuals, who, by their ill-conduct, have rendered themselves con-
temptible in the opinion of their fellow subjects.
" The president also feels himself justified in asserting that a more
ardent devotion to his Majesty's person and government, has never
been witnessed in any part of the british dominions ; and it is particu-
larly to be remarked, that the idea of defending their own families
and their own property, has appeared in manner to have been absorb-
ed in the minds of all descriptions of persons in this province, by the
more general sentiment of coming forward in the cause of a justly
beloved sovereign, and in support of a form of government, which has
been pi'oved by experience to be the best calculated for promoting the
happiness and securing the liberties of mankind.
" The adjutant general has it in command, to make known to the
officers, non-commissioned officers and privates of the militia, the pre-
sident's warmest approbation of their conduct ; and for this purpose
he will transmit a copy of the present general order to the several com-
manding officers, who will cause the same to be publicly read to their
respective corps. They will, at the same time, make known to them,
that the president will avail himself of the earliest opportunity to
transmit an account of their conduct to the secretary of state, for the
information of their most gracious sovereign, assuring them moreover,
that he will consider it as the highest happiness of his life to have had
259
The Quebec Mercury observes : — chap.
" The first draught was, in consequence, made, on the V-PV^,
Esplanade, from the first battalion, of the Canadian militia, 1807
on Tues lay, (25th August,) from the second battalion on
Friday, and from the british battalion, by ballot, yesterday.
We should be wanting in justice to our compatriots did we
say less than that, never, on a similar occasion, could there
be manifested more cheerfulness, alacrity and zeal, than
were shewn on these occasions, as well by the Canadians as
by the british. Numbers volunteered their services. The
artillery company, the two flank companies, and captain
Burns's battalion company, who are the stronge^f and best
disciplined of the british, have, to a man, formally,' tendered
their services. Sums of money were offered by individuals,
for prize-tickets, for such the tickets were called which,
in balloting, were for service. Some young bachelors pro-
cured prize-tickets from the married men, who had drawn <
for service ; but the greater part of the latter insisted on
keeping their tickets, notwithstanding that offers of exchange
were made to them by other bachelors.
" Too much praise cannot be given to the animating lan-
guage of the field-officers and others, in their speeches,
addressed to the different battalions and companies, on the
occasion. The whole has been attended with much festi-
vity and hilarity.
u We hear that equal cheerfulness and ardour have ma-
nifested themselves in the different country parishes.
" With such a spirit among us, what have we to fear ?
surely not the windy resolves or inflammatory paragraphs of
undisciplined democrats, where there is not sufficient energy
such an opportunity of doing justice to the zeal, loyalty and public
spirit of his Majesty's subjects in this province.
(Signed) « THOS. DUNN,
" President and commander in chief."
" By his honor's command,
" Herman W. Ryland, Secretary."
To colonel BABY,
" Adjutant general of the militia of Lower Canada."
260
Cha *n ^ie g°vern^ng powers, to produce anything like subordi-
X. nation or regular obedience to command."
1807 The gallant colonel Brock, who then as
'' senior military officer commanded at Quebec,
seconding with characteristic industry and
energy the president, also immediately set at
work to put the garrison and fortifications in a
state of defence, to inspire with confidence
those who might be called upon to share in the
honor of defending it, making every addition to
its natural strength, that science, judgment and
prudence could suggest.
The revenues of the last year, ( 1806) by the
accounts rendered this session, amounted to
£36,417, currency, and the civil expenditure to
£36,213, sterling, including £2,000 to general
Prescott, as governor in chief, and £1,500 to
Sir Robert Shore Milnes, the lieutenant gover-
nor, both absent ; Mr. Dunn, receiving accord-
ing to those accounts, only his £750, as one of
the judges of the court of king's bench for
Quebec, although not acting in that capacity,
while president, and £100 more as executive
councillor. He, however, on being relieved
of the government by Sir James Henry Craig,
as governor in chief, retired with a pension of
£500, sterling, a year, being also allowed at the
rate of £1,500 a year, as president and admi-
nistrator of the government, for the time he had
served as such, in addition to his salary as judge.
The subjoined article, from " The Quebec
Mercury" of 1806, may be interesting to the
descendants of the families mentioned in it, and
261
is inserted here as a historical record worthy chap.
of being preserved : —
" The following has been handed to us for publication, 1807.
as commemorative of those families, in the province, who
were distinguished under the french government. The
pride of ancestry, within due bounds, is certainly laudable,
because it has a tendency to preserve, in the descendants of
such families, that nobility of sentiment, that nice sense of
honor, that loyalty of attachment, and, to adopt a beautiful
and expressive antithesis of the great Burke, that proud
submission, which, in general, characterize the well-born.
The giving publicity to their names may not only serve to
awaken those feelings which, otherwise, might lie dormant ;
but it is furnishing that kind of information to the commu-
nity at large, of which no society should be ignorant. The
list is the production of Mr. Cugnet, the french translator lo
the governor and council, the authenticity of whose local
information is beyond all question.
" NAMES of the roots of noble families in Canada, the titles of which
are unquestionable, and whose children and descendants have
remained in the province since the conquest, viz : —
Families whose titles of nobility are enregistered :—
Baron de Longueuil. title granted in 1700.
Hertel, ]
Boucher,
Louis Couillard De Beaumont, 5- ennobled in Canada.
Aubert De La Chesnay,
Juchereau Duchesnay, J
Families whose ancestors received the til I e of esquire, in their
commissions as officers .—
Xavier De Lanaudiere,
De Langy,
De Norman ville,
Du verger,
Denoyelle,
Sabrevois De Bleury,
Denys De la Ronde,
De Richarville,
De Montigny,
Came out in the regiment oi
Carignan.*
The regiment of Carignan was
the first that arrived in Canada,
about the year 1652 or 1G53.
* These officers were all necessarily gentlemen by birth.
262
Daillebout,
De La Corne,
De Beaujeu,
St. Ours De Dechallion,
1807. DeVarennes,
Officers in the colonial
Chabert de Jonquieres, j corps.
Desbergers De Rigauville,
De La Valtrie,
De Ganne,
Picot6 De Belestre,
Chaussegros De Lery, Engineer in do.
De Bonne, Officer in the colonial service.
De Vassal, Officer in the queen's regiment.
De Salaberry, Captain in the royal navy.
Families whose ancestors were councillors in the superior council
established in 1663, by act of t lie parliament of Paris, the pro-
visions of which are enregislered :—
Damour Duchaufour, in 1663, first councillor.
Villeray, )
Lepina'y, > in 1670.
La Durantaye, )
Chartier De Lotbiniere, 1680, first councillor.
Hazeur Delorme, 1700,
Guillemin, 1715,
De la Fontaine, 1730,
Taschereau, 1732.
Godefroi De Tonnancour held the title of esquire, by the king's
commission of lieutenant-general of the district of Three Rivers."
263
CHAPTER XL
Arrival of Sir James Henry Craig — assumes the government
— his militia general order — convokes the legislature —
speech — eligibility of judges to parliament considered — bill
disqualifying them passed by the assembly — rejected in
the legislative council — seat of Mr. Hart vacated by a
resolution of the assembly — various proceedings of the
session— speech and prorogation — revenues and civil
expenditure of 1807 — general election— sundries — new
parliament meets — Mr. Panet again speaker— topics of
the speech — the eligibility of judges again considered —
Mr. Hart re-expelled — prorogation and dissolution —
governor's speech — he makes a tour of the province —
first steamer in the St. Lawrence — arrivals from sea at
Quebec — revenues and expenses of 1808 — Sir Francis
N. Burton, lieutenant governor, vice Sir R. S. Milnes.
WE are now, as the reader will soon perceive, chap.
entering upon more interesting times than we ^
have yet met with in the history of Lower ISOT.
Canada. Lieutenant general Sir James Henry
Craig, the new governor in chief, arrived in i
rather ill health at Quebec, on the 18th Octo-
ber, 1807, in the Horatio frigate, and on the?
24th of the same, relieved Mr. Dunn of the
government. The United States were at that
period, as previously mentioned, breathing a
hostile spirit against Great Britain, and fierce
for war, and it probably was in anticipation of
a brush with them that this distinguished officer
was sent to their neighbourhood, where it was
264
chap. not unlikely there soon would be business in
XL his line. He, however, did not deem it neces-
"j^^sary to organize the militia, nor make any
' demonstrations of defence, there being no hos-
tile movements in the neighbouring republic to
create apprehension in his mind, of an imme-
diate rupture. The people of the United States
were universally under the delusion that a
declaration of war on the part of that govern-
ment, would be hailed in Canada, particularly
by the population of french origin in it, as the
harbinger of its emancipation from british
bondage, and that if they did not actually rise
en masse to welcome and aid their deliverers,
they would certainly allow themselves to fall
an easy conquest to the arms of the Union,
and that the americans had only to walk in and
take possession — Never were they more in
error. But the british government entertained
very different sentiments of the feelings and
loyalty of its Canadian subjects of all origins,
to whom, confiding in their loyalty it did ample
justice, as the militia general order (below/)
* » G. 0." " CASTLE OF ST. LEWIS,
" Quebec, 24th November, 1807.
" Among the earliest objects relating to the government committed
to his charge, that attracted the attention of his excellency the cap-
tain general and governor in chief , on his arrival here, it was with
singular satisfaction that he received the reports of the state and con-
dition of the militia of the province, of the steps that had been taken
with regard to it, and of the uniform sentiments of attachment to his
Majesty's person and government, of zeal for his service, and of rea-
diness to stand forward in defence of the colony, that had so univer-
sally shewn themselves, among all ranks, on the occasion. These
sentiments, as they reflect honor on the brave inhabitants of the pro-
vince, have been properly noticed and acknowledged by the honorable
the president, who was at the time in the administration of the
265
issued by Sir James Henry Craig, shortly after chap,
his arrival evinces. ^^
"~""~~"~~ 1807
government, by his order of 9th September ; and they will now have
the further satisfaction of knowing, that he has not failed in doing
them the justice, of impressing upon the mind of the governor general,
that favourable opinion of them, to which their conduct has given
them so good a claim.
" Among the particulars of the several reports of the inspections,
that have been laid before him, it was with much concern, that the
governor found his notice drawn to a very gross instance of misbeha-
viour and insubordination, in the parish of PAssomption, in the dis-
trict of Montreal. Upon enquiry, he learnt, however, that this outrage, ,
as subversive of all discipline, as of the public peace, had been imme-
diately suppressed, and that the persons concerned, having been
brought to trial before the courts at Montreal, were now suffering the
punishment due to their demerits, under a sentence of twelve months
imprisonment each, in addition to the several fines of ten and five
pounds, in proportion to the degrees of their respective criminality.
" Brought to a sense of their misconduct, and under every impres-
sion of contrition for their past errors, and of the obligation of atone-
ment by their future behaviour, these culprits have now thrown them-
selves upon the lenity of his Majesty's government, and implore that
mercy which they know is so liberally extended, where the object
can shew a claim to it.
Their petition to this effect, backed by the recommendation of
i they were tried, aad who cer-
repentance, and by the colonel
ey belong, who urges the sufferings of their
numerous families, has been presented to the governor, and his excel-
lency having taken it into consideration, has thought himself permit-
ted, in this instance, to overlook the faults of a few where they are so
amply covered by the general merit, and he has accordingly directed,
his Majesty's pardon to be made out for the persons in question.
" In making known this instance of the forbearance and lenity of
his Majesty's government, his excellency has in view, a more particu-
lar communication of his sentiments with respect to the militia estab-
lishment of the province, and of the expediency he feels, that it be
kept up, with every possible attention to its organization, and the best
degree of discipline, of which it is susceptible. Everyone must be
sensible, that upon these, must depend its efficiency in resisting the
hostile attacks of an enemy, and every one must feel a pride, in owing
to himself alone, his own safety, and the protection of his wife, his
children, and his property. That this laudable spirit pervades through
the inhabitants of Canada, their exulting acclamations when lotely
called upon, has loudly proclaimed, ; and his excellency has no doubt
that an invading enemy, if such should present himself, will find it
verified to his cost : they will fly with alacrity to the depots of arms,
that are arranging for their use ; and they will employ them with a
courage, becoming the cause in which they will be engaged.
266
chap. He assembled the legislature on the 29th
^^ January, 1808, going down in great state to
isos. open it, and cheered by the assembled crowd.
The speech embraced nothing remarkable,
but, nevertheless, may be interesting : —
" Gentlemen of the legislative council, and gentlemen of
the house of assembly, — Having been honored by his Ma-
" His excellency has the most perfect confidence, that the laws of
the country, will at all times meet the most ready submission. The
wisdom of the legislature has pointed out the duties of the militia, and
if any thing further is found wanting, to give it all the energy, and array
it in the best form, of which it is capable, it will be sought for in the
same source. In the mean time, the brave Canadians of every descrip-
tion, will rest in tranquil reliance on their prudence, and on the vigi-
lance and care of the executive part of the government.
" But his excellency the governor, further thinks it right, to embrace
this opportunity, of earnestly exhorting the inhabitants in general, to
be on their guard against the treacherous arts, and insidious language
of emissaries who will doubtless be employed to seduce them from
their duty. That such will be dispersed among them, there is little
! doubt. But they will have little weight among a contented and happy
people, who feel every moment of their lives, the protection and bless-
ings that they enjoy, under the british government. They will spurn
with contempt, and abhorrence, at the traitors, who would lead them
to swerve from the sentiments of honor and duty, which now actuate
them in their attachment to their king ; and they will only feel more
determined in their resolution, to shed the last drop of their blood, in
defence of his government, and in the protection of their wives, their
children and their property.
" In order, however, the more effectually to prevent the bad effects,
that might possibly attend the efforts of these people, among the young
and ignorant, who are always credulous from inexperience, and fre-
quently misled because unsuspicious of the design with which they are
addressed, his excellency the governor earnestly recommends and com-
mands, that all well disposed militia men in the province, do carefully
watch over the conduct and language of such strangers as may come
among them, and that wherever these are of a nature to carry with
them a well grounded suspicion of any evil intentions, they do immedi-
ately apprehend, and carry them before the nearest magistrate, or
militia officer, in order that they may be dealt with according to law.
" The portion of the militia, amounting to one-fifth, directed to be
hallotted for, by his honor the president, is to continue to hold itself in
readiness, to assemble, on the shortest notice.
" J. H. CRAIG, Governor.
'• By his excellency's command,
HERMAN W. RYLAND, Secretary.
" To colonel BABY, adjutant-general
of the militia of Lower Canada."
267
jesty's appointment, to the government in chief of the British chap;
provinces in America, I have lost no time, in proceeding XI.
hither, to take upon me the arduous and important charge, ^v— -
which his Majesty has thus been pleased to commit to me. 18()8-
It would have been highly gratifying to me, if upon this
occasion, I could have been the bearer of any well ground-
ed expectation of the restoration of that peace, which, as
the surest foundation of the welfare and happiness of his
people, is the constant object of his Majesty's endeavours ;
but while an implacable enemy is exerting every resource
of a power, hitherto unexampled in the world, and which is
controuled by no principle of justice or humanity, in attempt-
ing our ruin, while that enemy, under the irritation of a dis-
appointed ambition, which, boundless in its extent, aims at
no less than the subjugation of the world, regards with a
malignant inveteracy, which he does not attempt to con-
ceal, the now only nation in Europe, which, by the wis-
dom of its government, the resources of its wealth, and the
energy, virtue, and public spirit of its people, has been able
to resist him. It must be, with cautious diffidence, and a
reliance only on the blessings of divine providence, that we
can look forward to the wished for cessation of the incon-
veniences of war.
" The capture of the capital of the danish dominions, and
the consequent possession of the entire fleet, with the whole
of the naval arsenals of that power, are events, on which 1
have very cordially to congratulate you. The acquisition to
us, would be of little advantage, were it not for the ten-fold
greater benefit, which arises, from the having diverted these
powerful resources, from the object to which they were
to have been directed. Attempts have been made, by
the enemies of his Majesty, to cast an imputation on the
morality of this measure, but the declaration which his Ma-
jesty has been pleased to make, of the motives which have
imperiously led to it, must have convinced every mind, not
obstinately biassed by an inveterate prejudice, that it was
founded upon the strictest grounds of self-defence, and upon
the true principles of the law of nations. Britain still stands,
proudly pre-eminent, in her love of justice, and her sacred
regard for the rights of other nations.
268
Chap. " I have no doubt, that you will join with me, gentlemen,
XL in lamenting the discussions that have arisen, between his
v-»-v-^ Majesty's government, and that of America. I have no
1808. information to convey to you, that might tend to throw any
light upon a subject, in which this colony must be so mate-
rially interested. Let us hope, that the moderation and wis-
dom of the government of the United States, will lead them
to meet that of his Majesty, in its endeavors by an equitable
accommodation of differences to avert the calamities of war,
from two nations, who from habits of affinity, unity of lan-
guage, and the ties of common ancestry, seem destined by
Providence, for the enjoyment of the blessings of continued
peace, while the reciprocal advantages of their commercial
intercourse, seem no less to point them out to each other, as
the objects of a mutual connection of amity and confidence.
" But while we indulge in the hope, we will not be de-
luded by it, into the neglect of any means, that may be
necessary, for our defence and safety ; and I place every
confidence in your ready co-operation, in any measure that
may be judged expedient, to add to the energies of govern-
ment, with this important view. The loyalty and affection
to his Majesty's government, so spiritedly manifested on the
occasion, by the militia of the province, who have stood
forward with a cheerfulness, not to be exceeded, demand
my warmest applause, and furnishing us with the best ground
for hoping, that in the event of any attack on this province,
we shall derive from them, all the assistance, that can be
expected from a brave people, contending for every thing
that is dear to them.
" Gentlemen of the assembly, — I shall cause to be laid
before you statements of the provincial revenue of the
crown, and of the expenditure for the last twelve months.
" Gentlemen of the legislative council, and gentlemen of
the house of assembly, — Though a portion of the militia
have been selected, and are directed to hold themselves in
readiness, to assemble at the shortest notice, yet I have not
thought it necessary to call them together; a measure,which
no particular circumstance seemed immediately to call for,
and which would have been attended with considerable
inconvenience to the province, while, from the season of the
year, it would not have been accompanied with the advan*
269
tqges that might otherwise have been derived, from thechap
opportunity it would have afforded, of exercising and train- XI.
ing them. While adverting to the subject of the militia, itv— v^>
may not perhaps be inexpedient, that I should call to your 1808.
recollection, that one of the limits, by which the existence
of the militia law is bounded, I mean that of a fixed period,
is already expired, so that, it is now in force, only, so long
as the war continues. The very great inconvenience, that
might arise to the country, from the possible event of a sud-
den account of a conclusion of peace, at the very moment
that there might exist a necessity of being prepared to resist
an expected attack from another quarter, will no doubt
point out to you the expediency of again fixing a determi-
nate period for the duration of this law.
" Considering the erection of gaols for the cities of Que-
bec and Montreal, as objects of much importance to the
welfare of the province, I have lost no time in proceeding
to exercise the powers vested in the governor for that pur-
pose, commissioners have been appointed to bothplaces,and
as I found that the measure suffered considerable difficulty
and delay, in that which was proposed for Quebec, from
the circumstance of the old gaol being occupied by the mili-
tary, to whom it had been formerly given, in lieu of the
part of the barrack of the royal artillery, which is now used
as a prison, I have made an arrangement for their evacuat-
ing it, as soon as possible, although the troops are necessa-
rily put to considerable inconvenience, by doing so before
the barracks can be returned to them.
" I cannot conclude this address, without expressing the
high gratification I experience, at meeting you, in the exer-
cise of the noblest office to which the human mind can be
directed, that of legislating for a free people. I have the
utmost confidence, that in the discharge of this duty, while
on the one hand you carefully watch over the interests and
promote the welfare of the people, you will, on the other,
be no less zealous, of the support of that government, from
the power and energy of which, alone, those interests can
derive a permanent security ; and I feel particular satisfac-
tion, in looking forward to the most perfect harmony and co-
operation between us, because I persuade myself, that in
every act of my administration, you will find my conduct,
z 2
270
Chapldirected upon the same principles, of zealous attachment to
Jmy sovereign and his government, and of a sincere regard to
n the happiness and prosperity of the people whom he has
^•committed to my charge."
The address in answer to this was every
thing that could be desired : —
" The applause with which your excellency has already
been pleased publicly to notice the loyalty and affection to
his Majesty's government, of the militia of this province,
and reiterated on this occasion, in such flattering terms,
demand our warmest acknowledgments. And we can
confidently assure your excellency, that, in the event of any
attack on this province, they will manifest the same spirit
of loyalty, in affording all the assistance in its defence, that
can be expected from a brave people, duly sensible of the
blessings they enjoy, and contending for every thing that is
dear to them.
" Duly appreciating the blessings of our admirable con-
stitution, and impressed with the most gratifying sentiments
of thus meeting your excellency in the noblest office to which
the human mind can be directed, that of legislating for a
free people, your excellency may rely, that in the discharge
of this duty, they will, on the one hand, carefully watch
over the interests and promote the welfare of the people,
while on the other hand, we shall be no less zealous in the
support of that government under whose power and energy
alone, those interests can derive a permanent security. —
And, under a thorough conviction that your excellency's
administration will uniformly be directed upon the same
principles, it shall be our greatest solicitude to promote the
most perfect harmony and co-operation on our part, in every
measure, for the advancement of those important objects so
peculiarly and deservedly dear to us."
The address being disposed of, the propriety
of allowing the judges of the court of king's
bench to be elected and sit in the assembly,
was again considered. It was resolved (22 to 2)
by the house, " that it is expedient to declare
271
that the judges of the court of king's bench chap.
now established, the provincial judges of the
districts of Three Rivers and Gaspe, and all
commissioned judges of any courts that may
hereafter be established in this province, are
incapable of being elected, or of sitting or vot-
ing in the house of assembly of any parliament
of this province." A bill to render them ineli-
gible was accordingly passed and sent to the
legislative council, but by it rejected, to the
great displeasure of the lower house, and,
indeed, to the dissatisfaction of the public
generally, in whom the opinion that the judges
ought not to be mixed up in the political con-
cerns of the country had taken root, and was
growing. Several were, in consequence of the
failure of the bill above, for unseating the
judges at once, by a resolution, but the matter
was allowed to remain over to the next session.
The return of Mr. Hart, for the town of
Three Rivers, as mentioned in the preceding
chapter, was also taken up, and less tolerant
with respect to that gentleman than towards
the judges, probably because less to be feared,
his seat was vacated ; it being resolved (21 to
to 5,) " that Ezekiel Hart, esquire, professing
the Jewish religion, cannot take a seat, nor sit
nor vote in this house." Mr. Hart's constitu-
ency, with becoming spirit, reflected him.
Much of the session was taken up in the
discussion of these matters. A sum was voted
for repairs to the ancient castle of St. Lewis,
the official residence of the governors of the
272
chap, the province, which was falling into ruin. The
XL militia act was continued, as also the alien act,
that for the better preservation of his
Majesty's government — the two last for the
year only. A bill relating to the trial of con-
troverted elections was introduced and became
law, and on the whole several useful acts were
passed this session, his excellency sanctioning
thirty-four, and reserving one, (the Gasp6 gaols
bill) for the royal pleasure, afterwards sanc-
tioned. The business of the session being
over, the governor prorogued it on the 14th
April, with the following discourse : —
" I am induced to put a period to your session that I may
be enabled to issue writs for summoning a new house of
assembly, in which I shall proceed without delay. The
critical situation of public affairs, under the advancing sea-
son of action, may render me anxious to avail myself of
legislative assistance, and it will be extremely desirable that
1 should have it in my power to do so, under circumstances
that will not be liable to interruption from the expiration of
the period for which one of the branches of the legislature
is chosen.
" It gives me no small satisfaction to observe, and I do it
with every acknowledgment that is so justly due to you on
the occasion, that the diligence with which you have pursu-
ed, and the temper and moderation with which you have
concurred in, the several objects that have been the sub-
jects of your deliberations, by the dispatch that they have
enabled you to give to public business, leave no room to
regret that a termination of your labours should be called
for. The readiness with which you have renewed the acts
that have been judged expedient for the further security of
his Majesty's government, and the clauses which have been
added to that which relates to the admission of aliens into the
province, furnish additional proofs of the just estimation in
which you hold the blessings we enjoy, under our excellent
273
constitution, and of your determination to use every exertion chap,
in the defence and preservation of them. XL
" I have to offer you my thanks for the act you have *+*~
passed for granting a sum of money for repairing and ame- 18()8-
liorating the ancient residence of your governors the Castle
of St. Lewis. I have no doubt that his Majesty will view
this act, passed as it has been on your own motion and un-
asked for on my part, in the light in which I shall think it
my duty to lay it before him, as a fresh proof of your attach-
ment to his person and government, in a liberal provision for
the accommodation of his representative among you.
" Since I had occasion to address you last, events of
interesting importance to the empire have taken place. New
enemies have been added to the list of those with which we
had before to combat. His Majesty has been pleased to
inform his parliament, that the determination of our impla-
cable foe to excite hostilities between him and his late allies,
the emperors of Russia and Austria, and the king of Prussia,
has been but too successful, and that the ministers of those
powers have demanded their passports, to retire from his
court. On the other hand those same efforts exerted towards
a spirited and magnanimous prince, though they have pro-
duced the subversion of his government in Europe, have
failed in the attempt to bend him to a dishonorable submis-
sion to the public spoiler: rather than bow to the degrading
chains of a master, the court of Portugal has nobly preferred
to encounter all the inconveniences of an unexampled
emigration to another hemisphere.
Let us join his Majesty in imploring the protection of
divine providence upon that enterprise, while we rejoice in
the preservation of a power so long the friend and ally of
Great Britain, and in the prospect of its establishment in the
new world, with augmented strength and splendour.
" His Majesty has further been pleased to inform his par-
liament, that, for an unauthorised act of force committed
against an american ship of war, he had not hesitated to
offer immediate and spontaneous reparation, but that an
attempt has been made by the american government, to con-
nect with the question which has arisen out of this act,
pretensions inconsistent with the maritime rights of Great
Britain. His majesty is pleased to add, that such pretensions
274
Chap. his Majesty is determined never to admit, and to that deter-
XI. mination every voice in his Majesty's dominions is raised in
-—-v^ cheerful assent. It will remain now to be seen whether the
1808. american government will persist in its unjustifiable preten-
sions, or whether it will not at length open its eyes to its
true interest, which should lead it to strengthen by every
means that it possesses, instead of injuring, the only power
that stands between it and a subjugation, which, on the
fall of that power, would be its inevitable doom to the
worst of tyranny.
You have, gentlemen, ably and diligently discharged one
duty, another now remains for you to perform, which I
earnestly recommend to your serious attention. You are
returning among your constituents, who will naturally look
up to you for information and instruction. These are times
in which the influence of education and knowledge should
be peculiarly exerted to inform and direct the public mind.
Let me entreat you to consider this as an obligation laid on
you by your public station, and while you exert yourselves
in impressing on the people, a sense of their duties in due
subordination to the laws and a faithful attachment to the
government, let it be your business also, to let them into the
knowledge of their true situation : conceal not from them the
difficulties with which we are surrounded, but point out to
them at the same time, the miseries which we are combating
to avoid : these present themselves in every shape of horror
in every country which has suffered itself to be brought under
subjection to the enemy who pursues us. Assure them
that united among themselves, the british nation feels no
dread on the occasion.
" The great and powerful resources of the country, the
wisdom and magnimity of its monarch, and the energy of
its government, in the direction of the public spirit, are the
means of security to which it looks up. On these teach hia
Majesty's faithful subjects of this colony of Canada also con-
fidently to rely ; they will be employed for their protection,
and under the blessing of divine providence, aided by their
own exertions, they will ensure their safety, as they will,
we doubt not, ultimately crown the glorious struggle in
which we are engaged, with a successful issue."
275
Thus terminated the fourth session of the chap.
fourth provincial parliament of Lower Canada, J^
in harmony with the executive, although there 1808i
were clouds gathering in the distance, and
some indications of a coming storm.
The public accounts of 1807, laid at the late
session before the assembly, shew the revenues
of the year to have been £35,943, currency,
and the civil expenditure ,£44,410, sterling,
those of the legislature besides, amounting to
£2821, currency.
The general election took place in May,
and was, in most places, concluded with „
unanimity. The late speaker, Mr. Panet, pre- ;
sented himself for the Upper Town of Quebec,
but having incurred, from his connexion it was
said with the french paper " Le Canadien"
the displeasure of the executive, which it
certainly did not spare, and, consequently, had
become the source of considerable uneasiness to
the government, as already mentioned, he lost
his election, the official class, including the resi-
dent military officers, and dependents upon the
commissariat, ordnance and other departments
in the garrison entitled to vote, going against
him, in favor of another gentleman of french
origin, more acceptable to the government.
Mr. Panet's friends, however, anticipating the
result, had taken measures for his election in
another quarter, and for which he was
returned.*
• Mr. Panet and some other gentlemen were, shortly after this,
dismissed from their militia commissions. The following letter ad-
276
chap. Some improvements to the fortifications of
XL Quebec, were commenced this summer, and in-
^~ particular, the foundations of the four towers
' across the heights west of the city were laid.
dressed to each of them, on the occasion, is explanatory : —
" CASTLE OF ST. LEWIS, Quebec, 14th June, 1808.
" Sir, — I am directed, by his excellency the governor in chief, to
acquaint you, that he thinks it necessary for his Majesty's service, to
dismiss you from your situation as of the town militia. His
excellency bids me add, that he is induced to adopt this measure, be-
cause he can place no confidence in the services of a person whom he
: has good ground for considering as one of the proprietors of a seditious
I and libellous publication, that is disseminated through the province,
with great industry, and which is expressly calculated to vilify his
Majesty's government, and to create a spirit of dissatisfaction and dis-
content among his subjects, as well as of disunion and animosity
between the two parts of which they are composed.
" lam, &c., " H. W. R."
The gentlemen to whom the above letter was addressed, according
; to the Canadien, were Messrs. J. A. Panet, lieut. -colonel ; P. Bedard,
captain ; J. T. Taschereau, captain and aide-major ; J. L. Borgia,
lieutenant; and F. Blanchet, surgeon.
The following from the Quebec Mercury, is given as explanatory of
the above, and of the views probably entertained on the subject by the
executive of the time : —
" Of Mr. Panet we shall only say that we sincerely regret that the
man, who boasts of his having been speaker of the House of As-
sembly, from its first existence, should have so far forgot that situation
as to be ambitious of presiding at such a meeting as was at the hotel.
a few days previous to the late general election ; and of which he
was himself the victim.
" Our regret is not less that he should, in his address to the electors
of Huntingdon, have thrown out insinuations for which we should
have been happy could we have considered them no more than the
splenetic effusions of disappointment, at the moment of the Upper
Town election. We should have thought that the ebullitions of
triumph would have issued from the pen rather in the sprightly lan-
guage of light raillery than in that of bilious spleen.
" We wish wre could give the conductors of the Canadien credit for
purity of intention, in developing, as they are pleased to say, to the
Canadians, the extent of their rights and the excellence of their con-
stitution, with a view of engaging them to love and defend it.
Without being very uncharitable, we must be permitted to say that
we have, in common, with the greater part of the community, who
are readers, too often been able to trace very different views from
those held out. Had gall been the worst ingredient in their ink, the
public might have laid their account in some bitterness; but the
composition has too often not only been further embittered, but its
277
The extraordinary state of affairs in Europe, chap
with the american non-intercourse and embargo
system operated favorably for the Canadian
trade, particularly in the article of lumber,
which, owing to the quasi exclusion of the
british from the Baltic, took, about this time, a
prodigious start, evincing at once the indepen-
dence of Great Britain on a foreign power, for
that article, and, consequently, the value of
her continental North American possessions,
taking in return for their timber, large supplies
of british manufactures.*
hue has been, in an uncommon degree, deepened with various ingre-
dients poured in from passions far from beneficent or disinterested.
" Before we conclude we must be allowed to remind the complain-
ants that during the election for the county of Quebec, a hand-bill
appeared, in which the government was charged with being feeble.
Those concerned in the hand-bill now, it seems, feel that they are
not quite under the government of king Log.
" The editors boast that the Canadian is the freest paper in the
province — in abuse we are ready to admit. In fact, it proves to be,
what we always dreaded it would be, the greatest enemy to the free-
dom of the press, by its licentious spirit. It no more consults what
is expedient to, and proper for, a Canadian press, than did the House
of Assembly, a few years past, what was suitable to a Canadian
House of Assembly, on the article of privilege.
" We flattered ourselves, a fortnight past, on reading the first
No. 32, since annihilated for its innocence, that the perturbed spirit
of the Canadian had been laid at rest. But we unhappily find that it
is one of those evil spirits, whose period of haunting the earth, in its
frantic form of the demon of discord, is not yet expired. We fear
that it is to be doomed to a further ordeal, in order to its complete
purgation."
* Mr. Sewell, the attorney general was, in August of this year
appointed chief justice of the province, vice Allcock, deceased, and
Mr.Edward Bowen, a young barrister appointed in his stead, attorney
general, over the head of the solicitor general Mr. James Stuart, who
had given some offence to the governor, but in what manner has never
been publicly explained. He was soon after this dismissed from his
office. Mr. Bowen's appointment was superseded by that of Mr. Nor-
man F. Uniacke, from England, (son of the then attorney general of
Nova Scotia,) but his disappointment was shortly after repaired by
A a
278
chap. The new assembly, ( the fifth of Lower
J^ Canada,) met on the 9th of April, 1809,*
1809 expectation standing on the tiptoe a while as
to the speakership, it being rumoured that the
governor having dismissed Mr. Panet from his
commission as lieutenant colonel in the militia,
owing to his connexion with " Le Canadien"
would not confirm him as speaker if the choice
of the assembly were to fall on him. He was,
however, almost unanimously chosen, and the
governor confirmed, but in rather cool terms,
the choice. f
promotion to the bench. The career of Mr. Stuart, in consequence,
probably .of the injustice done him as he may have deemed it, will be
seen as we proceed.
* The members returned were as follows : — Quebec-— County, the
hon. P. A. De Bonne, (4) and Ralph Gray, Upper Town, J. Black-
wood. (1) and C. Denechau, LowerTown, Pierre Bedard, (4) and
John Jones. Montreal— County, Louis Roy.(l) and J, B. Durocher,
(1). East Ward, J. M. Mondelet, (1) and James Stuart. West Ward,
W. McGillivray and D. B. Viger. Three Rivers— Borough, J,
Badeaux and E. Hart. William Henry — Borough, J. Sewell, (3).
Counties — Hampshire, Francis Huot, (2) and A. L. J. Duchesnay,
(1) ; Kent, J. Plante, (3) and J. L. Papineau, jr. ; Leinster, J. E.
Faribault, and Joseph Turgeon ; Dorchester, J. Caldwell, (2) and P.
Langlois ; Surrey, J. C artier, (1) and P. Chagnon ; Saint Maurice,
M. Carron, (1) and T. Coffin, (3) ; Devon, J. B. Fortin, (1) and F.
Bernier, (3) ; Effingham, J. Meunier, and Jos. Duclos; Hertford, E.
F. Roi, (1) and Ls. Turgeon, (1) ; Warwick, J. Cuthbert, (3) and R,
Cuthbert,(2) ; Huntingdon, J. A. Panet, (4)* and L. de Salaberry, (2);
Orleans, J. Martineau, (3) ; Richelieu, L. Bourdages, (1) and H. M.
Delorme ; Bedford,W. S. Moore,(l) ; Buckingham. J. B. Hebert, and
L. Le Gendre, (1); Cornwallis, J. L. Borgia, and J. Robitaille ;
Northumberland, J. M. Poulin. (2) and A. Carron ; York, John Mure,
(1) and J. J. Trestler ; Gasp<§, Geo. Pyke, (2).
The figure after the name shews in how many parliaments the
member had served. Those without figures are new. Of the above,
14 indicate a british origin, the others french.
f The honorable the speaker of the legislative council, by com-
mand of his excellency, addressed the speaker elect, on the occasion,
as follows : —
* Mr. Panet as previously ifien filled the speaker's chair during the
fo T preceding parliaments-
279
In his speech he descanted upon the unfa- chap.
vorable posture of affairs with America ; the J
revolution in Spain, and the generous assis- 1309.
tance afforded that country by Great Britain ;
the emigration of the royal family of Portugal
to the new world ; the victory of the british at
Vimeira, by which Portugal had been rescued
from the french ; and concluded by cautioning
the members of the legislature against jealou-
sies among themselves, or of the government,
which could have no other object in view than
the general welfare : — " I might be thought
insensible to that which I may, with truth,
assure you is a subject of the highest gratifica-
tion to me,were I to omit adverting to the pros-
perous and advantageous state in which this
colony has shown itself during the preceding
year. To the policy of the American govern-
ment which led to the measure of withholding
the produce of their country by a general
embargo, are we to a certain degree indebted
for having called forth, and made us acquaint-
ed with the resources of this : but it will
depend upon a perseverance in the industrious
pursuits which their application has occasioned
that the advantages derived from them shall be
" Mr. Panet, — lam commanded by his excellency to say, that
tiaying filled the chair of speaker, during four successive parliaments,
it is not on the score of insufficiency that he would admit of excuse on
your part, or form objections on his.
" His excellency has no reason to doubt the discretion and modera-
tion of the present house of assembly, and as he is at all times desirous
of meeting their wishes, so he would be particularly unwilling not to
do so, on an occasion, in which they are themselves principally inte-
rested ; he does therefore allow and confirm you to be their speaker."
280
chap, permanent, and continue a source of wealth
XI- and of importance to the colony. — You, gen-
1809 tlemen, who are collected from all parts of the
province, must be sensible of its flourishing
situation, and of the happiness enjoyed by a
people unrestrained by any controul but that
of the laws ; which, enacted by their own
representatives, can solely be directed to their
benefit and the advancement of their prosperity.
These blessings will be unalterably insured by
the diffusion of a spirit of harmony and con-
cord, the cultivation of which is more espe-
cially called for, from those who have the
happiness of the people at heart, from the
peculiar circumstances of the different parts of
which they are composed.— If any thing can
intervene to blast the prospect before us, it can
only be the admission of causeless jealousies
and suspicions amongst yourselves, or of jea-
lousies and suspicions, still more unfounded,
and assuredly most unmerited, towards that
government under the protecting and fostering
care of which you have attained to your
present felicity.
" I regret, gentlemen," — continued he —
" that I have been compelled from circum-
stances, to call you together at a season
of the year, which I am well aware, must be
highly inconvenient to many of you ; this con-
sideration dwelt so strongly upon my mind that
not seeing any particular object of public ser-
vice that indispensably required your immedi-
ate attention, I had it in contemplation to defer
281
your meeting till a period of less prejudicial chap
consequence to your private accommodation ; ^
but, on referring to the act of the british par-
liament on which the constitution of this pro-
vince is founded, I felt reason of hesitation, at
least as to the grounds on which I supposed
myself able to do so ; I have, therefore, been
induced to rely on your cheerful acquiescence
in the inconvenience under which you may
labour, rather than give rise to a possible
doubt as to my intention of infringing on a
right so valuable to you as that of your annual
assembly. And this I have done under the
circumstance of being precluded from giving
quite that notice which has been, in some
degree, sanctioned by custom ; and which,
although, not called for by any express law, is,
nevertheless, a precaution for the preservation
of that mutual confidence which is so desirable,
by guarding against the possibility of any sus-
picion, as to the intention or circumstances
under which you may be assembled."*
The house, after the address in answer to
his excellency's speech, into which it was
endeavoured to introduce an indirect reproof
for the hints which had fallen from him, resum-
ed with warmth, the matter concerning the
eligibility of the judges, and the propriety of
allowing them to sit in the assembly. — The
return of Mr. Hart, also was taken into consi-
* The proclamation convoking the legislature was dated 14th
March, giving consequently only 26 days notice of the time of meet-
ing, for which the above was an apology.
A« 2
282
deration, that gentleman, as mentioned, having
been reflected by the citizens of Three Rivers.
1809. — The more determined members were for
expelling the Judges by resolution, but a mo-
tion for their expulsion in this mode, was
negatived by a considerable majority, part of
whom, though disposed to disqualify those
officers, were averse to the means proposed,
insisting that nothing less than an act of the
legislature could operate such disqualification.
This effort having failed, a committee was
appointed to enquire into, and report to the
house, the inconvenience, resulting from the
election of judges to sit in the house of assem-
bly ; and, in the mean time, a disqualifying bill
was introduced and read for the first time.
The enquiry was carried on with perseverance,
and proved in no wise, as indeed might be
expected from an ex parte inquiry by political
adversaries, to the advantage of the individual
concerned. The exclusion of Mr. Hart, was
more closely prosecuted. The house renewed
the resolution which had been taken against
his admittance to sit and vote in the last session
of the preceding parliament ; and a bill to dis-
qualify Jews from being eligible to a seat in
the house of assembly was introduced, and
' underwent two readings.* The lapse of five
* This most arbitrary and absurd measure was subsequently obli-
terated by an act, (Will. IV., ch. 57,) of the legislature of Lower
Canada, tantamount to the amende honorable, declaring all persons
. professing the Jewish religion, being natural born british subjects,
residing in this Province, entitled to the full rights and privileges of
other subjects of his Majesty. Mr. Hart, who died in 1843, lived
long enough to see this act of legislative justice done to those of his
283
weeks in the prosecution of these measures chap,
exhausted the patience of the governor, whose ;
military education and habits may, on this
occasion, have influenced him. The perseve-
rance of a deliberative body in a favorite,
but unconstitutional measure, appeared to him
no better probably than the refractory spirit of
an undisciplined corps of recruits, and he
seemed determined to crush it.
On the 15th of May, he went down in state
from the castle, to the legislative council,
where, having summoned into his presence,
the assembly, after giving the royal assent to
such bills as were ready, (five in number) he
informed them of his intention of dissolving
the present parliament, and of recurring to the
sense of the people. " When I met you," —
said he, — " at the commencement of the pre-
sent session, I had no reason to doubt your
moderation or your prudence, and I therefore
willingly relied upon both : — under the guid-
ance of these principles I expected from you a
manly sacrifice of all personal animosities, and
individual dissatisfaction — a watchful solicitude
for the concerns of your country, and a steady
perseverance in the executing of your public
duty, with zeal and dispatch. — I looked for
earnest endeavours to promote the general
harmony of the province, and a careful absti-
religious faith, some of the same individuals concurring in the mea-
sure who had before disqualified him, most absurdly for it — This is
progress from bigotry and intolerance to at least justice, not to say
liberality, for there was no liberality in yielding to a british born
subject and in a british colony, his birthright.
284
chap, nence from whatsoever might have a tendency
xl- to disturb it ;— for due, and, therefore, indis-
1809. pensable attention to the other branches of the
legislature, and for prompt and cheerful co-
operation and assistance in whatever might
conduce to the happiness and welfare of the
colony. All this I had a right to expect,
because such was your constitutional duty ; —
because such a conduct would have been a
lasting testimony, as it was the only one sought
for by his Majesty's government, of that loyalty
and affection which you have so warmly pro-
fessed, and which I believe you to possess ;—
and because it was particularly called for by
the critical juncture of the times, and espe-
cially by the precarious situation in which we
then stood with respect to the American
States. I am sorry to add, that I have been
disappointed in all these expectations, and in
every hope on which I relied.
" You have wasted," — continued he, — " in
fruitless debates, excited by private and perso-
nal animosity, or by frivolous contests upon
trivial matters of form, that time and those
talents, to which, within your walls, the public
have an exclusive title. This abuse of your
functions you have preferred to the high and
and important duties which you owe to your
sovereign and to your constituents ; and you
have, thereby, been forced to neglect the con-
sideration of matters of moment and necessity
which were before you, while you have, at the
same time, virtually prevented the introduction
285
of such others as may have been in contempla- chap,
tion. — If any proof of this misuse of your timej^
were necessary, I have just presented it, in 18o9.
having been called on, after a session of five
weeks, to exercise his Majesty's prerogative of
assent, to only the same number of bills, three
of which were the mere renewal of acts to
which you stood pledged, and which required
no discussion. So much of intemperate heat
has been manifested, in ail your proceedings,
and you have shewn such a prolonged and
disrespectful attention to matters submitted to
your consideration, by the other branches of
the legislature, that whatever might be the
moderation and forbearance exercised on their
parts, a general good understanding is scarcely
to be looked for without a new assembly.
" I shall not," — he added, — " particularly
advert to other acts which appear to be uncon-
stitutional infringements of the rights of the
subject, repugnant to the very letter of the
imperial parliament, under which you hold your
seats : — and to have been matured by proceed-
ings, which amount to a dereliction of the first
Krinciples of natural justice ; and I shall abstain
•om any further enumeration of the causes
by which I have been induced to adopt the
determination, which I have taken, because,
the part of your conduct, to which I have
already referred, is obviously and in a high
degree, detrimental to the best interests of the
country, such, as my duty to the crown forbids
me to countenance, and as compels me to have
288
hup. recourse to a dissolution, as the only constitu-
^tional means by which its recurrence maybe
prevented.
" Gentlemen of the legislative council, and
gentlemen of the house of assembly, — " I shall
give the necessary orders for calling the new
provincial parliament, as soon as convenience
will permit ; and having no other object, and
confident that no other will be attributed to me,
but to preserve the true principles of the free
and happy constitution of the province, and to
employ the power entrusted to me by his Ma-
jesty, to the only end for which I have received
it, the good of his subjects, I have an entire
confidence in the electors, to whom I shall
recur ; trusting that by the choice of proper
representatives, further mischiefs may be obvi-
ated, and the important interests of the colony,
considered in the next session, with less inter-
ruption, and happier effect.
" I will not conceal from you, that it has
been very much with the view to obviate mis-
representation, if possible, and to enable the
people to judge of the grounds, wrhich have
been afforded me, for the conduct I have
adopted, that I have entered into any detail upon
this subject ; the task has been painful to me in
the extreme, and I turn from it with peculiar
satisfaction, to offer to you, gentlemen of the
legislative council, the acknowledgments that
are due to you, for that unanimity, zeal and
unremitting attention, which you have shewn
in your proceedings. It rests not with you that
287
so little has been accomplished for the public chap
good. To a considerable portion of the house XL
of assembly, my thanks are equally due. I trust
they will believe, that I do them the justice of
a proper discrimination, in the sense I enter-
tain of their efforts, to avert that conduct of
which I have so much reason to complain. By
this, gentlemen, you have truly manifested your
affection to his Majesty's government, and your
just estimation of the real and permanent inter-
ests of the province."
This unique speech surprised the members,
who, at the utmost, anticipated no more than a
prorogation ; but, a dissolution attended with
such pointed censure, rather in the language of
a master than in that of representative of a con-
stitutional king, for exceeded their expectation,
and they returned to their constituents covered
with the opprobium of having incurred the ;
governor's displeasure; a matter of no little)
moment in the eyes of the multitude, as yeU
unaccustomed to the freedom of the constitu-^
tion. The country people who were at first
disposed to think favourably of the recent mea-
sures of the executive, gradually, however, \
veered round, and were finally persuaded that j
the house of assembly had been dissolved for (
having espoused their interests, in oppositionJ
to the encroachments of the crown upon the
public rights. The press was put into violent^
action, and the Canadicn teemed with severe!
and abusive commentaries on the speech. The^
preamble of the bill of rights, in allusion to the
288
chap, governor's measures with respect to the assem-
bly, and as applicable to the existing circum-
stances of the province, was inserted as a motto
at the head of that paper, now more than
ever industriously circulated in all quarters.
In the middle of June, the governor left
Quebec on a tour through the province, attend-
ed by a numerous suite, and travelled in
great state. The principal citizens of Three
Rivers, Montreal, Saint John's, and William
Henry, successively received him with ad-
dresses of applause and thanks, for the inter-
position of the royal prerogative in dissolving
the house of assembly. These addresses being
inserted in the public prints, were criticised in
the Canadien, with much asperity. On his
return to Quebec, a congratulatory address,
numerously signed by the citizens, was pre-
sented to him, approving also of his "judicious
and firm administration," at which he expressed,
in a particular manner, his satisfaction, as
coming from those '* whose situations" — he
said — " afforded them the more immediate
opportunity of judging of the motives by which
he might be actuated on particular occasions."
The following from " The Quebec Mercury"
of Monday, 6th November, 1809, announcing
the first steamer that made its appearance on
the waters of the St. Lawrence, may now be
read with interest as a curiosity. It was the
commencement of an era, in the navigation of
those inland waters and of the lakes, the pro-
gress whereof has exceeded any thing that
289
the most sanguine could have expected at the chap,
outset : —
<*r^
" On Saturday morning, at 8 o'clock, arrived here, from
Montreal, being her first trip, the steamboat ACCOMMODA-
TION, with ten passengers. This is the first vessel of the
kind that ever appeared in this harbour. She is continually
crowded with visitants. She left Montreal on Wednesday,
at two o'clock, so that her passage was sixty-six hours ;
thirty of which she was at anchor. She arrived at Three
Rivers in twenty-four hours. She has, at present, births
for twenty passengers ; which, next year, will be consider-
ably augmented. — No wind or tide can stop her. ^he has
75 feet keel, and 85 feet on deck. The price for a passage
up is nine dollars, and eight down, the vessel supplying pro-
visions. The great advantage attending a vessel so con-
structed is, that a passage may be calculated on to a degree
of certainty, in point of time ; which cannot be the case
with any vessel propelled by sail, only. The steamboat
receives her impulse from an open double-spoked, perpen-
dicular wheel, on each side, without any circular band or
rim. To the end of each double spoke is fixed a square
board, which enters the water, and by the rotatory motion
of the wheel acts like a paddle. The wheels are put and
kept in motion by steam, operating within the vessel. A
mast is to be fixed in her, for the purpose of using a sail
when the wind is favorable, which will occasionally accele-
rate her head way.
This vessel was built at the expense of, and
belonged to the late honorable John Molson, of
Montreal, to whose public spirit and enter-
prise the province is indebted for the first
establishment of steamers on the St. Lawrence
and lakes, the improvements in which from
this the first humble essay, to their present
wonderful state of perfection, truly are admi-
rable, although probably yet only in their
infancy, and still susceptible of vastly greater
extension.
B&
290
chap. The arrivals from sea at the port of
j^ Quebec, this season, as reported by the
1809. returns of the harbour master, were 440,
but the tonnage is not stated.* The revenues
of the previous year (1808) were stated at
£40,608, currency, and the civil expen-
diture at £41.251, sterling. The salaries of
the officers of the legislature amounted to
£3,077, currency, including contingencies.—
The governor in chief's salary was stated in
the public accounts at £4,500, sterling, and
that of the lieutenant governor (absent since
1805) £1,500, making together £6,000.
It appears by the public accounts of the year,
that Sir Robert Shore Milnes, had ceased to
be lieutenant governor on the 28th of Novem-
ber, 1808, the honorable Sir Francis Natha-
niel Burton (brother of the Marquis of Conyng-
ham) succeeding him and receiving in his
stead the salary of £1,500, sterling, from this
period, for the tenure of that office (a sinecure)
until, upon the remonstrance of the assembly,
he came to the province in 1822, the govern-
ment of which he administered for a short
time, as will be seen.
* According to an official return laid before the assembly, the
number of vessels cleared during 1808. was 334— tons 66,373 — ditto
of new shipping 3,902.
291
CHAPTER XII.
Elections — parliament called together— Mr. Panet again
speaker — topics of the speech — surmises thereupon —
resolution of the assembly touching the speech at the
late prorogation — address in answer— address to his Ma-
jesty in congratulation on his reaching the 50th year of
his reign — expedience of providing for the civil expendi-
ture considered — resolutions on the subject — address
thereupon to the king, lords and commons— the governor's
remarks upon them — assembly address his excellency for
an estimate for the year — promises compliance — expedi-
ence of an agent for the province in England considered
— bill for rendering the judges ineligible to the assembly
passed — amended in the legislative council and sent back
to the assembly — the bill laid aside — resolution for vacat-
ing the seat of P. A. De Bonne (judge) — prorogation and
speech of the governor— -expresses his sense of the pro-
ceedings of the assembly and his determination to dissolve
• — addresses to his excellency — rumours — revenues of
IS 10 — expenses of the same year — arrivals at Quebec
this and the previous year and ships built— revenue and
expenses of 1809.
THE elections did not take place till Octo- Chap
her, and the people having had time to reflect xn.
upon affairs, re-elected, contrary to the
tation of the executive, most of the late repre-
sentatives ; removing some who were supposed
to have wavered, and substituting others of a
less flexible temper in their stead.
The new assembly met on the 29th January.*
* The following are the names of members chosen at the late
elections : —
County of Quebec— Hon P. A. De Bonne and Ralph Gray ; Upper
292
chap. The speaker of the last assembly, (Mr. Panel)
XII. being re-elected, was again confirmed by the
^^ governor, in rather more gracious terms than
' on the previous occasion. In his speech he
adverted to the unfavorable disposition of
America towards Great Britain : —
" With respect to our relations with the american govern-
ment, I am concerned to state to you, that, far from that
amicable settlement of the existing differences between us,
to which the arrangement that had been i greed on by his
Majesty's minister lead us to look forward, the circum-
stances that have since occurred, seem rather to have
widened the breach, and to have removed that desirable
event to a period scarcely to be forseen by human sagacity.
The extraordinary cavils that have been made with a
succeeding minister ; the eager research to discover an
insult, which defies the detection of all other penetration ;
the consequent rejection of further communication with
that minister, and indeed every step of an intercourse, the
particulars of which are known by authentic documents,
evince so little of a conciliatory disposition, and so much
\ Town of Quebec, J. Blackwood and C. Denechau; Lower Town of
4 Quebec, Pierre JBedard and John Jones ; County of Montreal. Louis
Hoy and J. B. Durocher ; East Ward of Montreal, Joseph Papineau
and James Stuart ; West Ward of Montreal, D. B. Viger. and Thos.
McCord ; County of Saint Maurice, M. Carron and Louis Gugy ;
Borough of Three Rivers, M. Bell and J. Badeaux ; Borough of
William Henry, Edward Bowen ; County of Northumberland, Joseph
JDrapeau and Thomas Lee ; County of Hampshire, Francis Huot and
A. L. J. Duchesnay ; County of Warwick, J. Cuthbert and Ross
Cuthbert ; County of Leinster, Bonaventure Panet and T.Taschereau ;
County of Surrey, Pierre Bedard and Jos. Beauchamp ; County of
Orleans, J. Martineau ; County of Devon, J. B. Fortin andF. Bernier;
County of Hertford, F. Roi and Francois Blanchet ; County of Riche-
Jieu, L. Bourdages and Hyacinthe Deiorme ; County of Buckingham,
F. Le Gendre and J. Bte. Hebert ; County of Cornwallis, J. L.
Borgia and J. Robitaille; County of Kent, L. J. Papineau and P. D.
IVbiirtzch. ; County of York, John Mure and Pierre St. Julien;
County of Huntingdon, J. A. Panet and Stephen Sewell ; County of
Bedford, John Jones: County of Dorchester, Pierre Langlois and T.
Taschereau ; County of Elfingham, J. Meunier and Jos. Duclos ;
County of Gaspe, GL Pyke. Of the above, 13 were persons of
hritish, the others of freuch origin.
293
of a disinclination, to meet the honorable advances Chap
made by his Majesty's government, while these have XII.
been further manifested in such terms, and by such ^^^
conduct, that the continuance of peace between us 1810.
seems now to depend less on the high sounded resent-
ment of America, than on the moderation with which his
Majesty may be disposed to view the treatment he has
met with.
" In laying before you the picture of our actual situation,
I am confident I do not deceive myself, when I feel it to be
unnecessary to urge you to be prepared for every event that
may arise from it. In the great points of our security and
defence, I persuade myself, one heart and one mind, will
actuate all. On his Majesty's part, should hostilities ensue,
I feel warranted in assuring you of the necessary support of
regular troops, in the confident expectation of a cheerful
exertion of the interior force of the country ; and thus united,
I trust we shall be found equal to any attack that can be
made on us. Animated by every motive that can excite
them to resistance, our militia will not be unmindful of the
courage they have displayed in former days, and the bravery
of his Majesty's arms has never been called in question."
He congratulated the legislature on the cap-
ture of Martinique, and the battle of Talavera,
which had torn from the French that character
of invincibility they imagined themselves to
have possessed in the opinion of the world.
He recommended a renewal of such acts as
might enable the executive government more
effectually to discharge its duty, in guarding
against dangers which could scarcely be
remedied by the common course of law. He
called their attention to the practice of forging
foreign bank bills, which, from the want of a
remedy in the present code of penal laws, had
of late, grown to a very dangerous extent, to
the prejudice of the neighbouring states ol
B b 2
294
CxiF' -^merica> as well as to our own subjects. With
v^^ respect to the matter which had led to the
. dissolution of the preceding assembly, he
observed : —
" During the two last sessions, the question of the expe-
diency of the exclusion of his Majesty's judges of the court
of King's bench from a seat in the house of representatives,
has been much agitated. This question rests on the desire
of precluding the possibility of the existence of a bias on the
minds of persons exercising the judicial functions in those
courts, from their being under the necessity of soliciting the
votes of individuals, 011 whose persons, or on whose pro-
perty they may afterwards have to decide.
" Whatever might be my opinion on this subject, I never-
theless hold the right of choice in the people, and that of
being chosen by them, in too high estimation, to have taken
upon myself, had the question ever come before me, the
responsibility of giving his Majesty's assent to the putting
limits to either, by the exclusion of any class of his sub-
jects; and they are rights of which it is impossible to sup-
pose they could be deprived by any other authority than that
of the concurrence of the three branches of the legislature.
" That the channel in which flows the current of justice
should be pure, and free from every the slightest contamina-
tion, is too essential to the happiness of the people not to
be interesting to a government which has solely that object
in view: and it is perhaps little less necessary to that happi-
ness, that there should exist in the minds of the public a
doubt on the subject.
" In this latter view, I have thought that the early dis-
posal of the question may be of utility, and therefore, in
recommending the subject to your consideration, I have
to add, that having received his Majesty's pleasure upon it,
I shall feel myself warranted in giving his Majesty's royal
assent to any proper bill for rendering his Majesty's judges
of the courts of king's bench, in future, ineligible to a seat
in the house of assembly, in which the two houses may
concur."
This speech was misinterpreted into an
295
avowal of precipitancy, in dissolving the last chap,
parliament, and it was currently reported, X1L
that the governor had incurred the displeasure^^
of ministers, by the exercise of the royal pre-
rogative, in dissolving the late assembly. The
first measure of the house was to pass a reso-
lution— " that every attempt of the executive
government and of the other branches of the
legislature against this house, whether in dic-
tating or censuring its proceedings, or in
approving the conduct of one part of its mem-
bers, and disapproving the conduct of the
others, is a violation of the statute by which
this house is constituted ; a breach of the
privileges of this house against which it cannot
forbear objecting ; and a dangerous attack upon
the rights and liberties of his Majesty's subjects
in this province." — Yeas 24, nays 11.
The address responded in loyalty to the
speech: —
" Your Excellency may rest assured, that in laying before
us, the picture of our actual situation, it is unnecessary to
urge us to prepare for every event that may arise from it.
In the great point of our security and defence, your Excel-
lency may be persuaded, that one heart and one mind will
actuate all, and with the assurance of the necessary support
of regular troops, united with the cheerful exertion of the
interior force of the country, we trust that we shall be found
equal to any attack that can be made on us.
" The sentiments of attachment manifested by the inhabi-
tants of this province for their happy constitution, which
insures to them the free exercise of their rights and liberties,
naturally commands their gratitude a-nd fidelity to a Sove-
reign and nation whence the inestimable blessing is derived.
Animated by those and every other motive that can excite
resistance, the militia of Canada will riot be unmindful of
296
Chap ^ie ('oura§e which they have displayed in former days, and
XJI. will emulate the bravery of his Majesty's army which has
^^^ never been called in question."
Immediately after the delivery of the speech,
it was " resolved, nem. con., that a committee
of seven members be appointed to prepare and
report, with all convenient speed, the draft of
a loyal, dutiful and humble address, to our most
gracious sovereign, congratulating his Majesty
on the happy event of having entered upon the
fiftieth year of his reign ; and assuring him,
that none of his faithful subjects are more
grateful to divine providence, than the com-
mons of Lower Canada, for the blessings
conferred on them by the preservation of a life
so valuable, or more sincere in their prayers
for a long continuance thereof."
Pursuant to this, an address to his Majesty
was drawn up, in the following terms : —
"We, your Majesty's dutiful and loyal subjects, the
representatives of the commons of Lower Canada, most
humbly beg leave, on the opening of this session of our
provincial legislature, to offer, with profound submission,
at the foot of the throne, our most sincere congratulations to
your Majesty, on the joyful event of your having entered
on the fiftieth year of your reign ; a reign so glorious to your
Majesty, and to the british empire, diffusipg happiness
and prosperity to your faithful people, in every part of your
Majesty's dominions.
" Your Majesty's dutiful and loyal subjects in this remote
.colony, acknowledge with gratitude, and affectionate attach-
ment to your royal person and government, the paternal
protection which they have so liberally enjoyed, in the full
exercise of their civil and religious liberties under your
Majesty's reign, which has been further secured to them,
297
by that precious gift, the excellent constitution under which chap,
they have now the happiness to live. XI I.
" Deeply impressed with a due sense of these inestimable ^^-^
blessings, and of the beneficial encouragement afforded to lsll)
our agriculture and commerce, whereby the prosperity,
population, and resources of this colony are most rapidly
encreasing: we glory in being an appendage of that empire
which so magnanimously bids defiance to the boundless
ambition of the common enemy of the civilized world; and
contemplate, with pride and admiration, the distinguished
bravery of your Majesty's fleets arid armies, in the arduous
nnd protracted contest, in which the nation is engaged, for
the support of social order, religion, nnd legitimate power.
4< May the Almighty, by whom Kings reign, be pleased
to bless your Majesty, with an uninterrupted health and
length of days, and crown the glorious efforts of your arms
with the success due to a righteous cause ; and when it
shall finally please his Divine Wisdom to call your Majesty
from a terrestrial to a celestial crown, may the bright ex-
ample of your Majesty's virtuous reign be invariably imita-
ted, by your royal successors, to the latest posterity. Such,
may it please your Majesty, are the most humble and most
fervent prayers of your faithful Commons of Lower Canada.""
This being presented, by address, to his
excellency, was forwarded through him to the
king: — " I shall, gentlemen," — said his excel-
lency,— " with great satisfaction, take the ear-
liest opportunity of transmitting, to be laid at
his Majesty's feet, your address on the happy
event of his entering on the fiftieth year of his
reign. Partaking most cordially in the senti-
ments of loyalty and attachment to his Majesty's
person and government which it contains, I
have to offer you my congratulations on the
auspicious circumstance which has given occa-
sion to do so."
The expediency of providing for the civil
298
chap, list, which had, for some time previously, been
a subject of discussion in the public prints,
. was taken up by the house. It was maintained
that the province was now capable of relieving
the mother country of this burthen, which the
majority urged, would inevitably, at no very
remote period, devolve upon the province
with accumulated weight. That to anticipate
the charge would, therefore, prove a saving to
the country. The minority opposed it with
some warmth. The notion of levying additional
revenues to the amount of fifty thousand pounds
(as it was reported with a view to discredit the
measure,) startled the country people, who, on
the other hand, were instructed that the
house of assembly having the entire civil list
at their disposition, would not fail to retrench
several pensions and to reduce the heavier
salaries, and, i by that means, diminish the public
expense. A resolution was passed by the
house, that the province was able to supply
funds for the payment of the civil list, and loyal
addresses were drawn up to the king, lords and
commons of the United Kingdom.* In these, the
* The resolutions were as follows : —
Resolved — That this province is at present able to pay all the
civil expenses of its government.
Resolved — That the house of assembly ought to vote, during
this session the necessary sums for defraying the civil expenses of
the government of this Province.
Resolved— That this house will vote, in this session, the
necessary sums for defraying the civil expenses of the government of
this province.
Mr. Bedard moved, seconded by Mr. B. Panet, to resolve, that
most humble addresses be voted by this house to his Majesty, the house
of lords, and house of commons ; — setting forth : — That this house
hath, in the present session, taken upon itself, all the civil expenses
299
house expressed a sense of the many favours chap,
the colony had experienced from the benefi-^;
cence of the mother country, by which it was jgio.
of the government of this province : that it entertains the most lively
gratitude for the assistance afforded by his Majesty, in defraying them,
to the present time ; for his mild and benign government, and for the
happy constitution, bestowed by his Majesty, and the parliament of
Great Britain, upon this province ; all which has raised it to such a
pitch of prosperity, that it is now in a state to support the said civil
expenses.
The house divided upon the above question, and the names were
taken as follows :
Yeas — Messieurs Bedard, Durocher, J. L. Papineau, Lee, Borgia,
Meunier, Taschereau, Viger, Drapeau, Bernier, Saint Julien, He-
bert, Duclos. Robitaille, Huot, Caron, C. Panet, Ls. Roi, Blanchet,
Debartzch and Beauchamp.
Nays — Messieurs M'Cord, Bowen, Mure, Bell, Denechau, Jones
of Bedford, Blackwood, Gugy and Ross Cuthbert,
The address to his Majesty pursuant to the resolutions was as
follows : —
" We your Majesty's most dutiful and loyal subjects the representa-
tives of the commons of Lower Canada, in assembly met, humbly
beg leave to approach your Majesty's throne, with hearts full of
loyalty and gratitude.
•• We humbly beseech your Majesty to be assured of the sentiments
of affection entertained by your Majesty's subjects of Lower Canada,
and also to be persuaded that the people of this colony, ever attached
to their sovereigns, will never be surpassed by any others within your
Majesty's empire, in the sentiments of regard and affection which
they feel for your sacred person.
" We humbly beg leave to express to your Majesty, the lively grati-
tude which we feel, on a recollection of all your Majesty's favours,
and on a view of the state of prosperity, to which this province has
attained, under your Majesty's paternal government, and the happy
constitution which has been granted to us by the liberality of your
Majesty and of the British parliament.
" This state of prosperity is become such, as to enable us]to engage
to pay, in the course of the present session of the legislature, the civil
expenditure of the provincial government, which has hitherto been
chiefly defrayed by your Majesty : and this effect of our prosperity is
the more gratifying to us, as your Majesty's people of Great Britain
have been so long burthened with the expenses of a war, undertaken
for the protection of every part of your Majesty's vast empire.
" Under these circumstances, your Majesty's subjects in this province
feel themselves happy, in being now able to acquit themselves of an
obligation imposed upon them by duty and gratitude."
The above was carried on motion of Mr. Bedard, seconded by Mr.
Borgia, on a division of 13 to 3.
300
chap, now enabled to take upon itself the charge of
^ the civil expenditure of the government ; an
K effect the more gratifying to them, as the people
of Great Britain had been so long burthened
with the expenses of a war undertaken for
the common protection of every branch of
her extensive empire. The house of assembly
presented these addresses to the governor,
requesting he would be pleased to lay them
before his Majesty's ministers, for the purpose
of being submitted to the king, lords and
commons.
In answer to this request the governor
observed, that the addresses were, under such
peculiar circumstances of novelty, as to require
*a considerable degree of reflection. That the
constitutional usage of parliament, recognised
by the wisdom of the house of commons, of
the United Kingdom, forbade all steps on the
part of the people towards grants of money
which were not recommended by the crown,
and although by the same parliamentary usage
all grants do originate in the lower house, yet
that they were ineffectual without the concur-
rence of the upper house : that no precedent
existed to his knowledge of addresses to
the house of lords, or house of commons, sepa-
rately by a single branch of the colonial legis-
lature : that for these reasons, he conceived
the addresses to be unprecedented, imperfect
in form, and founded upon a resolution of the
house of assembly, which, until sanctioned by
the concurrence of the legislative council, must
301
be ineffectual ; (except as a spontaneous offer chap,
on the part of the commons of Canada) ; thatv^
they were consequently premature : that hei8io.
regretted he could not, therefore, take upon
himself to transmit these addresses to his Ma-
jesty's ministers, impressed as he was with a
sense of his duty, adding also, that the ministers
were not the regular organ of communication
with the house of commons, unless by his
Majesty's command ; that he could not,
therefore, pledge himself for the delivery of
these addresses were he to transmit them
through that channel — " Under some of these
considerations, I should equally feel myself
bound," — he said, — " upon ordinary occasions,
to decline transmitting any addresses to his
Majesty, that might be under circumstances
similar to the present." But that on thisoccasion,
he thought it right to transmit to the king this
testimony of the good disposition, gratitude and
generous intentions of his subjects in the pro-
vince of Lower Canada. He said he thought
it right also, that his Majesty by their own act,
should be formally apprised of the ability, and
of the voluntary pledge and promise, which the
people of this province by this address to
their sovereign, and by the resolution upon
which it is founded, had given to his Majesty,
to pay the civil expenditure of the province
when required, and consequently without
repugnance, demand from them the perform-
ance of this solemn undertaking, whenever he
may in his wisdom, think it expedient so to do.
c c
302
chap. For these reasons he engaged to transmit their
J^ address to the king as they had requested. u I
isio. desire, however," — said he, — " that it may be
distinctly understood, that as I ought not, by
any act of mine, to compromise the rights of
his Majesty, of the imperial government, or of
the legislative council of this province, so I do
not, by this compliance with your request,
concede to the assembly of this province, or
admit that any step on their part, towards
grants of money, which are not recommended
. by the crown, can be constitutional ^ or that
any such step can be effectual, without the
concurrence of the legislative council, and the
1 final approbation of the king.
" The expressions of affection and of grati-
tude towards his Majesty and the two houses
of the Imperial parliament, for the favors con-
ferred on this province, under which it has
attained its present state of prosperity, which
you so warmly and so explicitly profess in your
addresses, will not permit a moment's doubt
of the sincerity of your wishes to carry into
complete effect the resolution which is the
object of them. So commendable a purpose
entitles you to every acknowledgment ; and I
cannot but lament exceedingly, that any cir-
cumstances should exist, which, under a sense
of duty, have compelled me to express myself
on the subject, in a way, that may carry with
it, even an appearance, however little intended,
of opposing any check to the manifestation of
303
the sentiments, under which, I persuade myself,
you have acted."
An address, in the mean time, was also
presented to the governor in chief, informing
his excellency — " that this house has resolved
to vote, in the present session, the sums neces-
sary for paying all the civil expenses of the
government of this province, and to beseech
that his excellency will be pleased to order the
proper officer to lay before the house, an esti-
mate of the said civil expenses," — to which
his excellency answered, that he would give
directions that the desires of the house might
be complied with. The sudden prorogation
which soon after ensued prevented, however,
the transmission of the public accounts and the
estimate called for.
The answer of his excellency relative to the
addresses to the king, lords and commons,
being received, " a committee of seven mem-
bers on motion^of Mr. Bedard, was appointed to
search l^r^^ncT^enqTlire upon the constitu-
tional points and parliamentary usage men-
tioned in the answer made by his excellency
the governor in chief, to the humble address
of this house to his excellency, presented to-
day, and to report with all convenient speed."
No report was made, the prorogation taking
place two days after this, preventing it.
The appointment of a colonial agent in
England, as mentioned before, had been con-
templated by the late house of assembly, and
the subject was again taken into consideration
304
chap, in the present session, but without effect. The
k advantages proposed by this measure, were,
ism. a regular and direct intercourse between the
house of assembly and the imperial government
as well as the commons of the United Kingdom,
and a check upon the executive of the colony
by their means. A bill to this intent was intro-
duced, but did not arrive at maturity in the
assembly.
During these occurrences, a bill for render-
ing the judges ineligible to seats in the house
of assembly was introduced, and having passed
below, was transmitted to the upper house.
Here the bill was amended by the introduction
of a clause postponing the period at which it
should take effect, to the expiration of the pre-
sent parliament, and sent down for the concur-
P' rence of the assembly. The house, indignant
\ at the amendment, and regardless of it, passed
a resolution " That P. A. De Bonne, being one
of the judges of the court of king's bench,
cannot sit nor vote in this house," and declared
his seat, as one of the members for the county
of Quebec, vacant — yeas 18, nays 6.* This
measure again brought things to a crisis. His ex-
cellency, on the following day, (26th of Febru-
ary) went down to the council chamber, with the
usual solemnities, and requiring the attendance
* The members who voted on the question, were : —
Yeas — Messieurs Blauchet, Bourdages, Bedard, L. J. Papineau,
Taschereau, Borgia, Drapeau, Fortin, Saint Julien Robitaille, Lee,
Huot, ;Veunier, Durocher, B. Panet, Langlois, Beauchamp, and
Debartzch— 18.
Nays — Messieurs M'Cord, Blackwood, Mure, Denechau, Ross
Cuthbe-jt, and Gugy— 6.
305
of the assembly, he informed them, that he had chap.
come down for the purpose of proroguing the J
parliament, and that upon a mature considera- TsTcT
tion of the circumstances which had taken place,
he had determined again to refer to the sense
of the people, by an immediate dissolution : — j
" Whatever (said he) might be my personal wishes or
however strong might be my desire that the public business
should suffer no interruption, I feel that on this occasion,
nothing is left to my discretion. It has been rendered
impossible for me to act otherwise, than in the way I am
proposing.
"The house of assembly have taken upon themselves
without the participation of the other branches of the legis-
lature, to pass a vote, that a judge of his Majesty's court of
King's bench cannot sit nor vote in their house.
" However I might set aside the personal feelings which
would not be unnatural in me, as to the mode in which
this transaction has been conducted towards myself, there
is another and infinitely higher consideration arises out of it,
which I must not overlook.
" It is impossible for me to consider what has been done
in any other light, than as a direct violation of an act of the
imperial parliament : of that parliament which conferred
on you the constitution to which you profess to owe your
present prosperity : nor can I do otherwise than consider
ihe house of assembly as having unconstitutionally disfran-
chised a large portion of his Majesty's subjects, and rendered
ineligible by an authority which they do not possess, another
not inconsiderable class of the community.
" Such an assumption I should at any rate feel myself
bound by every tie of duty to oppose ; but in consequence
of the expulsion of the member for the county of Quebec, a
vacancy in the representation of that county has been de-
clared, and it would be necessary that a new writ should
issue for the election of another member : that writ would be
to be signed by me. Gentlemen (said he, with warmth
and emphasis) I cannot, dare not render myself a partaker
in the violation of an act of t'.ie imperial parliament, and J
c c 2
306
cji;ip know no other way by which I can avoid becoming so, but
XII. that which I am pursuing.
«•— >~ " When we met I felt much satisfaction in the conscious-
1*10. ness of having taken such steps as I thought most likely to
facilitate, indeed I thought would do awTuy every possible
objection to a measure that seemed to be wished for, and
that in itself met my entire concurrence: but the only
objection that can I think exist in the mind of any reasona-
ble man to the eligibility of the Judges, arises from the
possible effect that may be produced by the necessity it puts
them under, of soliciting the votes of the electors. No
well grounded objection can be offered to their sitting in the
house when they are elected. On the contrary, their
talents and superior knowledge must render them highly
useful, and were it not for other considerations highly desi-
rable members. I cannot but exceedingly lament, that a
measure which I consider as beneficial to the country
should riot have taken effect. The people however in the
disappointment of their expectations will do me the justice
to acquit me of being the cause that so little of the public
business has been done."
On his entrance and departure from the
council chamber, the governor in chief was
cheered by the people, with loud and repeated
acclamations. His military promptitude again
exceeded the expectations of the Canadian
public, (a very large majority of the popula-
tion) who, nevertheless, universally expressed
their resolution of reflecting the late mem-
bers, entertaining the opinion, that the gover-
nor, influenced by the judge, only wished to
screen him from the ignominy of an expulsion,
which they were told and willing to believe the
assembly had a right to insist upon, and that its
.behests in the matter were tantamount to a law.
After the dissolution, addresses flowed in
•upon the governor from all quarters. The city
307
and county of Quebec, the city of Montreal, chap
the inhabitants of Terrebonne, the town of xn
Three Rivers, the Borough of William Henry, ^~
the counties of Warwick, Orleans, and various
other parts, were conspicuous on the occasion,
addresses coming from each. The late mem-
bers, assisted by their friends, in the mean time,
exerted themselves diligently to secure their
reelection. Songs, and pasquinades adapted
to the vulgar taste, and calculated to rouse the
baser passions were composed and circulated ;
the " Canadien" teemed with diatribes, ad-
dresses and abusive observations on the occur-
rences of the day, and the measures of the exe-
cutive ; while on the other hand, the discovery
of cabals and plans of insurrection and rebellion,
were mysteriously whispered among those con-
nected with the government. At one moment
it was rumoured that the french minister in
America had supplied large sums in gold, to
promote the views of the seditious in Canada ;
at another, that the whole of his correspond-
ence had been intercepted by some confiden-
tial agents of our government. These reports,
though utterly groundless, and treated by the
adverse party as malicious fabrications, were,
nevertheless, evidently intended to prepare
the public mind for another crisis.
The assembly having " resolved to vote in
the present session the suras necessary for pay-
ing all the civil expenses of this province," k
may be satisfactory to look at its revenues dur-
ing the year (1810) and the sources whence
308
chap, they were derived. The reader, by referring
XIL back to page 202, in which he will find a
^^ statement of the provincial revenues and ex-
' penditure for 1799, will perceive the increase
made during the last ten years, upon the
income and outlay of the province : —
Account of Provincial Revenue collected and received
between the 6th January, 1 810, and 6th January, 1811: —
No^l. Casual and territorial revenue - - - £ 4292, 9 4f
"V2. Duties under the Statutes of
the 6th Geo. II, & 4 & 6
Geo. III. 151 10 1£
( Ditto under the Statute of the
>8. I 14th Geo. III. £11867 6 lOf
( Licences under do. do. 1602 0 0
-13469 6 10|
4. Duties under the prov. act 33d Geo. III., 2814 2 2
( Licences under do of 35th do. 1714 0 0
/ Duties under do. do. do. 19910 15 3 A
6.
7.
8.
9.
10.
11.
12.
$ Licences under do. 41st do. 75 0
£ Duties under do. do. do. 188713
0
3
1962 13 3
22674 14 10$
1874 11 3
400
800 9 10^
512 4 7i
175 12 (If
Ditto under do. 45th do.
Pilotage Duties under do. do.
Licences under do. 47th do.
Duties under do. 48th do.
Cap. 19th
Ditto under do. Cap. 34th,
Fines and Forfeitures ...
-
Currency £70356 10 3
Errors excepted,
Quebec, 7th February, 1811.
J. HALE,
Inspr. GenL P. P. Accts.
Of the above, it is to be observed, only the
1st, 2d, 3d and 4th items were applicable
towards defraying the administration of justice
and civil government, together with <£5,000,
sterling more, under the the 35th Geo. III.,
for the same purpose, making in all something
309
over £26,000, currency. The surplus was forcer
the most part unappropriated monies remaining*
at the disposal of the legislature. The expenses 18i0.
of the civil government, for the year, were
£49,347, sterling, including £3,964, " being
the just proportion of duties imposed by the
legislature of this province, that the province
of Upper Canada was entitled to receive,
between 1st January and 31st December,
1809." Besides this, were the expenses of the
legislature, including salaries and contingencies
Amounting to £3,734, currency.
By returns laid before the legislature, it ap-
pears that the number of vessels entered at the
port of Quebec, and cleared was 635 — tonnage,
138,057. Vessels built and cleared 26— ton-
nage 5,836. The returns of the previous year
(1809) state the arrivals at 433 vessels — ton-
nage 87,825, without specifying the number
built at Quebec, and cleared out. The reve-
nue for the same year is staled at £67,932,
currency, and the expenditure £41,521, ster*
ling, besides salaries and contingencies of the
legislature, £2,246, currency.
310
CHAPTER XIII.
Observations on times past, and present — the press-
hitherto not beneficial in Canada — violent seizure of the
press of Le Canadien — imprisonment of certain gentle-
men connected with it — remarks — presentment of the
grand jury at Quebec — application in favor of prisoners
for habeas corpus— refused — some of them released on
account of their health — judge De Bonne retires from thf
bench - Craig's road made — parliament meets — Mr.
Panet again speaker — speech — message relating to Mr.
Bedard— address of the assembly — sharp reply of the
governor — bill passed as desired by the governor — resolu-
tions of the assembly relating to Mr. Bedard, and address
to the governor — not presented — miscellaneous proceed-
ings— favorable conclusion of the session and proroga-
tion— governor's character — Mr. Bedard's enlargement-
governor's allocution to the executive council concerning
him — retires from the government — a remarkable general
order by him — postscript — documents interesting to his-
tory.
cl UNTIL recent times and the crises just
XML noticed, we have seen but harmony in the
^~ legislature, and among all classes in the
province, with peace and plenty throughout
1 the land. We are now entering upon a
period of transition from that happy state,
Ni to one of agitation and discord, stirred up
by candidates for popular favor and support,
and the political intriguers in their interests, in
die various quarters of the country, mischie-
vously working upon the prejudices of national
311
origin in the people, and for which, it is also chap
true, pretexts were sometimes found in occa- XIIJ
sional remarks from english prints in the colony.
The press in Canada, consisted at this time
in all, but of five week'y papers, three of them
issuing at Quebec, — that is to say, — " The
Quebec Gazette" the first and oldest paper
in Canada, then, as still, in the hands of
Mr., now the honorable John Neilson, — the
NESTOR, as for his wisdom, discretion and
ability, as an editor, he is justly called,
of the Canadian press — then published in both
languages, and the official paper of the govern-
ment, from its establishment. Secondly, —
" The Quebec Mercury" published wholly in
english, by Thomas Cary, esquire, as already
stated ; and thirdly, "Le Canadien," in french,
owned by a variety of individuals who had set
it on foot by subscriptions, and who paid their
own editor, generally a person without any
determinate interest in the concern, and hired
for the purpose. The two others were " The
Montreal Gazette" established originally in
1778, and published in both languages by Mr.
James Brown, and " The Cow ant" of the
same city, published in english by Mr. Nahum
Mower. A more respectable press did not
exist in any province of the british empire, at
this period than that of Lower Canada. Sin-
cerely do we wish that as much could be said
of it, in this our present day.
But this, admirable engine, — dreaded alike
by the despot and the demagogue,— omnipo-
312
chap tent f°r g°°d or ev^s according to the hands
xiii.' that direct it, has not, however, been so far, in
Canada, a fortunate experiment, but rather the
reverse. It has scattered abroad the seeds of
discontent, destroyed harmony, produced dis-
union and division between fellow subjects, on
the idle score of their difference of origin and
of language, fomented party spirit, agitated and
arrayed the people in masses against each other,
the final effects of all which it is impossible to
foresee, though we may but too surely count
upon results any thing but desirable. If the
liberty of the press be a blessing, as on the
whole no doubt it has been, and is, to man-
kind, it also has its attendant curses. But let
us not despondingly abandon altogether hope
of a reform in it also, as in other things. — It
would be premature to pronounce it a failure,
as yet only at the outset as it were, of its mission
in Canada, — nor too hastily conclude, from the
temporary evils we have felt and feel from it,
that in the long run, its advantages may not, on
the whole vastly outweigh, even with us, the
inconveniences resulting from it, in the strife
and dissensions we have occasionally been
involved, principally by means of it. — More
powerful than the countless legions of the
mightiest autocrat that ever swayed a sceptre,
like them, its influences must also be ruled
by a superior, though to us invisible, but all-
wise and beneficent power for good purposes.
Holding on progressively its steady course,
preceded by letters, those magic harbingers of
313
light to the human mind, " conquering and to chap,
conquer," — in itself an empire, dispensing in*
its career knowledge to the nations, their best 1810
wealth and firmest power — gathering as it goes
fresh and increasing strength from the dissemi-
nation of its own exhaustless elements, and in
character peculiarly Christian, it pervades and
will subdue the world to its dominion, bear-
ing religion, civilisation and freedom, to the
remotest ends of the earth.
The province, by this time, from the agita-
tion that had arisen, was divided into two
distinct parties ; the one Canadian, of french
origin, and opprobriously called (for they did
not choose to be termed french, an appellative
odious in its application to them, and therefore
offensive, although the notion of a " la nation
canadienne" and "nationality" was not yet in
vogue,) the french party, consisting principally
of the rural and agricultural population ; the
other british, comprising all, or nearly so, of
british birth or descent in the province, includ-
ing the commercial body, without scarcely an
exception, each now unhappily animated against
the other by a blind party spirit, and fierce
almost to hostility and the knife, imputing to
each other the most iniquitous and absurd
views, and bandying abuse; the one set charac-
terising their opponents by the odious cant terms
of " anti-canadiens, choyens, or anglais79 —
those of " frenchmen, democrats, boutefeus,
being as freely and indeed angrily bestowed in
return by the other class. — The apparent origin
)8io
314
chap, of these parties is to be found in the conflict
previously noticed between the commercial and
agricultural interests with respect to the " gaols'
bill," rather than in any prejudices of national
origin, which, however, having slumbered
till then, there is no doubt that this struggle
awakened on both sides. — But antipathies of a
far different and deeper nature had been kin-
dled in their progress, and threatened to involve
the whole social fabric in conflagration.
The storm that had been gathering for some
time, was now ready to burst. The elections
were approaching, and the executive seemed
determined to strike a blow, that would sur-
prise the people, and silence their leaders.
— On the 17th of March, a party of soldiers
headed by a magistrate and two constables,
proceeded to the Canadien printing office in
Quebec, under the sanction of the executive,
where having forcibly seized the press, with the
whole of the papers of every description found
in the house, they conveyed them to the vaults
of the court-house. The printer* was appre-
hended,and after examination before the council
committed to prison. The guards in the mean-
time were strengthened, and patrols sent in all
directions through the city, as if an insurrection
were expected. The public, struck at these
appearances of unusual precaution, remained
in suspense ; expecting an official revelation
of some deep laid conspiracy-! The Montreal
* Mr. Lefrancois.
f The event alluded to was noticed in the Quebec Mercury, of the
19th March, 1810 ; but, to enable the reader to understand the sense
315
courier was detained beyond the usual time, chap.
with a view as it was said, of preventing a re- >
port of the measures resorted to from spread- 1810
enrertained of the language and doctrine of the " Canadien," by the
" Mercury," which may be considered as expressing the opinions of the
british public, upholding it, an article preceding the announcement in
that paper of the seizure of the press of Le Canadien, is given as below.
It is impossible in a work of this nature to produce the articles to
which the Editor of the Mercury refers — all that can be said here upon
the subject, and that in fairness, to put the reader on his guard, ought to
be said, is, that these two papers, " The Quebec Mercury" and "Le Cana-
dien," were antagonistic in politics : the former english and governmen-
tal, the latter french Canadian, and in opposition to the executive, and
consequently that the reader may take the observations for just what
he may think them worth. It may not be inappropriate to add also, that
times and taste have so much altered in Canada, in this respect, that
if the productions which, in that day, were termed seditious, were
now to be reproduced in the public journals, they would seem very
pitiful and flat indeed, compared with those of every day occurrence
and in both languages : —
" None who have read the last numbers of the Canadien but must
be struck with the doctrine repeatedly inculcated in them, particu-
larly in No. 15, that the public have not the right to censure or exa-
mine the conduct of the house of assembly, formed of men deputed by
the people, to act for them. By this mode of reasoning the represen-
tatives of the people, may run into every species of madness, even to
the privation of every right and every shilling the people possess, and
not a word is to be uttered on the subject, but in such a way as these
petty tyrants may think proper to dictate.
" We are at a loss which to admire most, their tyrannical spirit or
their consummate vanity. A striking proof of the latter is that they
will allow no one to be a judge of the question of the expulsion of
judge De Bonne but themselves. They say, of all those who signed
the Quebec address to his excellency, not one is capable of understand-
ing the nature of the question.
" Thus much on the part of the people. On the part of the govern-
ment we take leave to observe, that in a dependence such as this colo-
ny, when we see the government daily flouted, bearded and treated
with the utmost disrespect and contumely, with the view of bringing
it into marked contempt, we expect nothing less than that its pati-
ence will be exhausted, and energetic measures resorted to, as the only
efficient ones.
" From any part of a people conquered from wretchedness into every
indulgence and the height of prosperity, such treatment as the govern-
ment continually receives, is far different from what ought to be
expected.
" After the the late conciliatory step, proposed by the king's
representative, at the opening of the last session of our parliament,
we cannot help viewing the returns made as the most incorrigible
316
chap, ing abroad, until the expected discoveries
[ were made. Three successive days were
isio. occupied by the magistrates and law officers of
the crown in examining the papers seized. On
, the 19th of March, three french Canadian gentle-
• men* were apprehended under warrant, signed
by three members of the executive council and
committed to prison. Three others in the dis-
^trict of Montrealf were in like manner commit-
ted, all, on a charge of treasonable practices,
These commitments it is scarcely necessary to
observe were made under the " act for the
better preservation of his Majesty's govern-
ment." No discovery of any importance re-
sulted from the search, but the hasty imprison-
ment of the gentlemen mentioned, gave cur-
rency to the tales of intended insurrection that
were circulated, and it was generally under-
stood that the government was in full posses-
sion of all the circumstances of the supposed
, conspiracy. There is, however, to this day, no
proof before the public of the slightest plan to
* subvert the government : and the reader, in
the absence of just grounds for such a pre-
I sumption, as well as from the enlargement of
ingratitude. But there are characters in the world, on whom benefits
have no other effect than to produce insolence and insult.
'' The stroke is struck. — The Canadien has received its mortal
blow. — The greatest misfortune that can ever happen to the press is
for it to be in the possession of invisible and licentious hands. We
say no more — we war not with the dead. "
' Messieurs Bedard, Blanchetand Taschereau, members of the late
House of Assembly.
f Messieurs Pierre Laforce, Pierre Papineau of Chambly, and
Francois Corbeil of Isle Jesus.
317
the prisoners without trial, is left to judge/chap,
whether the proceedings resorted to on the x
occasion were the result of well grounded 1810
apprehension of disturbances, or an unnecessary
exertion of power. There certainly was much
excitement throughout the province, from the
agitation of party leaders, principally profes-
sional men residing in the cities of Quebec and
Montreal, their partisans and the petty dema-
gogues in their interests, but which, if left alone,
would probably have burnt itself out.
On the 21st of March, the Governor issued
a proclamation.* The earnestness that flows
* This remarkable proclamation, evidently the production of u
haughty but generous mind, is given to the reader, as a piece of lite-
rature, not only worthy of his perusal, but of being placed on record
for perusal in after times : —
" Whereas divers wicked, seditious and treasonable writings have
been printed, published and dispersed in the province, with the care
and government of which 1 am entrusted ; and whereas such writings
have been expressly calculated to mislead his Majesty's good subjecFs,
to impress their minds with distrust and jealousy of his Majesty's
government, to alienate their affections from his Majesty's person,
and to bring into contempt and vilify the administration of justice,
and of the government of the country; and whereas, in the prosecu-
tion of these wicked and traitorous purposes, their authors and abet-
tors have not scrupled audaciously to advance the most gross and
daring falsehoods, whilst the industry that has been employed, in
dispersing and disseminating them at a very great expence, but the
source of which is not known, strongly evinces the perseverance and
implacability with which it is intended that these purposes should be
pursued ; and whereas, consistently with that duty, which I owe to
his Majesty, and that affection and regard with which I view the
welfare and prosperity of the inhabitants of this colony, it was im-
possible for me any longer, to disregard or suffer practices so directly /
tending to subvert the government of the former, and to destroy the J
happiness of the latter, I do therefore, hereby announce, with the »
advice and concurrence of his Majesty's executive council, that with
the same advice and concurrence measures have been adopted, and
that due information having been given to three of his Majesty's said
executive councillors, warrants as by law authorized, have been
issued under which some of the authors, printers and publishers of
the writings aforesaid, have been apprehended and secured.
D d X
3 1 8
through this production shews the determination
! with which he intended to persevere in his
<;ntly the result of a conviction on
i m press**! with a desire to promote, in all respects, the
<-. most benevolent and best of Scr. <
whose faithful servant I have been for nearly as long a ;
* inhabitarr is subject, and whose K
y other than that happing.-, and
the ruie of my conduct, it would indeed be with a very
and designing men had produced any effect, and that dou ,
iw* should have found their way, and have establishes
• - in the rnir. '"A persons.
h there be, and indeed U 'in general,
laj<-.«rty's government. Let them .-•
they <-n they became british subjects ; and !<
HI th-- 'ion the progressive advances they have made to the
wealth, happiness, security and unbounded liberty whj
i.fty years that they have been under the
has one act of oppression — has one instance of a
'•rit— or of violation of property, occurred 1 Have you
in any one instance, or under any one circumstance, been disturbed in
the free and uncontrolled enjoyment of your religion — and lastly,
while all Europe has been deluged in blood, ••••
Majesty's'- <•.-•>> and possessions have at times e\\x •
of war, and some even umJ< ^u')**; of that state,
haw- :ic.iT inestimable happiness of
british lav i-.h government, by \>'
:.-i.ve you not enjoyed the most perfect ^
and tranquillity under the powerful protection of that -
ment, whose fostering and paternal care has been equa.
in pi "ur internal welfare.
•' What * ; he means used bv these evil disposed and wicked
y can hope to bring about their traitor
amb;' I — by what arguments can they expect that a :
••very blessing that car ppines*
.s world, shall renounce that happiness, to embrace their views ?
By what argument can they expect that a brave and loyal ;
pressed with the warmest and sincerest attar;
hi as been one series of benefits bet-
on that loyalty and become monsters of
. fit to be held up to the detestatio.
'/ue, the most base and diabolic^.
Crated and disseminated. I;
'nat purp*/-.' '• hav-
'fi-wolved them. Thifc
319
his mind of their expedience at this cri.sis, which, rhap
however, does riot afford an instance of the trial, *
of a single individual in the colony, for treason or 1810
only dirortly mind,
••ntion having evr bf«-n made of it.; but it is doubly
wi'-ic':'! , j.s, because H hat been advanced oy penoofj who
thfl more • •al'-ulat.i-d to mipo.-.e upon you. In ;::
part you are told that I wanted to t.;i.x your lands, and that, llv
a.s»ernbly would consent on Jy to tax win*:, and that
>unt, I ha/1 dissolved th»: hou.-.f:. In;, .
.,"f:tly fiilw., I nr-vr h-;
:;il, such h; n h<-<;n <or a mor/iont the su:.
POM off'«:/»-d to ]>--iy the fivji list, I
'•n any step in a n ,'hout
the KJ;. .re it was StiJI lonj.' before \\»
of how it was to be paid. In truth <.<
wait ever to rny knov.
': In f/.:.cr part-., df-paiiin^ of pro-
.•A to what I intend to <jo, and it i.-. boldly tolfl you,
• n It) oppress you. i>;j
on what part, or what act of rny life do v
What d' '
respect, a«k th«
headj of your church who have op, I knowing
;i.nd knowledge; D you
:or n.i'iiit; , ,, the
JmiMPgliefOl af>;:.rty, a-.sociat«; n'/t -.\j!h rr^e ; th'-y cannot, know me.
i -. it to *erv<
Will lh •/ years has never issu<
It was no?
by his 8ui.
; hf,
the whole
ts '{ Jt JH
inqxmible that yo
w ill (suggest such
' Alas ! rr: -vjrh a life <-bbir .^ not slowly
'\\W4*p. acq
lor wealth that f wou.
•
320
chap. even sedition. In truth, the heat and bias of the
_^ times were such, that it is probable no convic-
isio. tion, nor indeed dispassionate and impartial
trial, by jury, however guilty the accused might
be,could have been obtained, as in aftertimes in
me ; to the value of your country laid at my feet, I would prefer the
consciousness of having, in a single instance, contributed to your hap-
piness and prosperity.
" These personal allusions to myself — These details, in any other case
might be unbecoming, and beneath me ; but nothing can be unbecom-
ing or beneath me that can tend to save you from the gulf of crime
and calamity, into which guilty men would plunge you.
" It is now my duty, more particularly to advert to the intent and
purpose for which this proclamation is issued ; I do, therefore, by
and with the advice of his Majesty's executive council, hereby warn,
and earnestly exhort all his Majesty's subjects, to be on their guard
against, and to be cautious how they listen to the artful suggestions
of designing and wicked men, who, by the spreading of false reports,
and by seditious and traitorous writings, ascribe to his Majesty's
government evil and malevolent purposes, seeking only thereby to
alienate their affections, and lead them into acts of treason and rebel-
lion, calling upon all well disposed persons, and particularly upon all
curates and ministers of God's holy religion, to use their best endeav-
ours to prevent the evil effects of such incendiary and traitorous
doings, to undeceive, to set aright, such as may have been misled by
them, and to inculcate in all, the true principles of loyalty to the
King, and obedience to the laws.
" And I do hereby further strictly charge and command all Magis-
trates, in and throughout the province, all captains of militia, peace
officers, and others, his Majesty's good subjects, that they do severally
make diligent enquiry and search, to discover as well the authors, the
publishers and dispersers of all such wicked, seditious and traitorous
writings as aforesaid, and of false news in any way derogatory to his
Majesty's government, or in any manner tending to inflame the pub-
lic mind, and to disturb the public peace and tranquillity ; to the end
that by a vigorous execution of the laws, all offenders in the premises
may be brought to such punishment as may deter all persons from
the practice of any acts whatever which may in any way affect the
safety, peace or happiness of his Majesty's loyal and faithful subjects
in this province.
" Given under my hand and seal at arms, at the castle of Saint Lewis,
in the city of Quebec, in the said province of Lower Canada, this
twenty-first day of March, in the year of our Lord one thousand
eight hundred and ten, and in the fiftieth year of his Majesty's
Reign.
" J. H. CRAIG, Govr.
" By his Excellency's Command,
JNO. TAYLOR, Depy. Secy."
321
cases far more evident, of sedition, and, in fact, chap.
of treason and murder, was exemplified. The x
clergy being expected to support the govern- 1810
ment on the present occasion, the proclamation,
in obedience to its wish was published, in some
instances, in the church, during divine service,
in others, but with seeming reluctance, at the
church door only, after its conclusion.*
The Chief Justice Sewell at the opening of
the criminal sessions in March, in delivering
his charge to the grand jury, called their
attention to the tendency of the occurrences,
that had given room to the proclamation, which
he read on the occasion. The grand jury in
answer to his speech, drew up an address to ,
the court in which they animadverted strongly
upon certain numbers of the Canadien, and
other productions issuing from that press, as
dangerous to the peace and security of the
colony. They in like manner expressed their
displeasure at divers productions in the Que-
bec Mercury, calculated to excite jealousy and \
distrust in the minds of his Majesty's Canadian
subjects, leaving it to the wisdom of the court
* The following paragraphs, in relation to the subject, appeared in
the Quebec Mercury of 2d April, 1810 :—
" Yesterday, the late excellent proclamation of his excellency the
governor in chief was read in the cathedral parish church. The
catholic bishop preached on the occasion.
" At one o'clock, (same day) a numerous deputation of habitants,
presented to his excellency a loyal and affectionate address from the
habitants of the county of Orleans, expressive of their attachment to
the king ; abhorrence of certain seditious papers which have been
circulated among them for some years past ; and thanking his excel-
lency for his firmness in putting a stop to their course. They further
express their sensibility and gratitude for the truly paternal proclama-
tion lately issued hyhis excellency. — It was signed by 671 habitants.''
322
£jap. to adopt such measures thereupon as might be
^ \ found expedient: and concluded by disclaim-
i8io. ing a wish to encroach upon the genuine free-
dom of the press, stating that the abuse of this
inestimable privilege, which could only tend
to a subversion of order, was the subject of
their animadversion. The chief justice was
thought to have exceeded his province, in
publicly reading on the bench the proclamation,
as a thing foreign to the sacred functions of
his post, and which, at that moment, the country
was striving to keep aloof from politics.
In the April term of the court of King's
bench for Quebec, an effort was made to obtain
a habeas corpus for one of the gentlemen (Mr.
; Bedard) detained in prison, but failed. The
? failure ot this application left no alternative to
the prisoners, but a patient submission to their
imprisonment, until the governor should be
pleased to bring them to trial, or release them,
which there is reason to believe he immediately,
on an appeal to his clemency, would have done.
In July following, one of the gentlemen con-
fined in the jail at Quebec, falling seriously ill,
was released : another was also shortly after
released from the same cause ; and the printer,
finally, in the month of August, was also turned
out of prison. They, however, previous to
their enlargement, gave security to appear and
answer such bill of indictment as might be
afterwards found against them: a precaution
intended to save appearances, no bill having
323
ever afterwards been presented by the crown chap,
officers.
The September session of the criminal 1810
court elapsed without any attention to the
prisoner remaining in confinement, Mr. Be-
dard, who solicitous for a trial, had repeatedly
refused enlargement, without the opportunity
of vindicating his reputation by the verdict of a
jury. He inflexibly insisted on the integrity
of his conduct and political opinions, repu- ;
dialing the imputation of treason or disaffection
to the person or government of his Sovereign :
and the Viceroy himself, was heard to express
esteem for the consistency of his conduct.
The period at which we are arrived, has
been termed, by whom the reader may easily
divine, the reign of terror. The peremptory
measures of the Governor struck indeed the
agitators with dismay ; but though he had
alarmed them, he had not subdued the spirit
of the people. The elections for the new par-
liament took place in April, and the late mem-
bers were for the most part again returned.
The Judge upon whose account the present
difficulties had originated, under the prospect,
it was said, of being called to the legislative
council, did not again present himself. He
however was not called thither; and we are
left to conjecture, whether he declined his re-
election through a false promise from the
administration to that purpose, as was subse-
quently reported, in order to induce him to
to retire, and by that means put an end to all
324
chap, strife on his account, or whether disgusted,
L with the intrigues and animosity of the times,
1810< he consulted his tranquillity by a spontaneous
retirement. He soon after resigned the judge-
ship.
The prisoners confined at Montreal, where
they had suffered all the inconveniences and
discomforts of a damp and unhealthy prison,
and the severity of a surly janitor, were suc-
cessively released. One of them* is said to
have died of illness contracted during his im-
prisonment. The Governor in the meantime
turned his attention to the improvement of the
interior of the province, as well as to the cities
of Quebec and Montreal : to which he ap-
pointed chairmen to preside in the courts of
quarter sessions, with annual stipends. He
caused a road to be opened from St. Giles, on
the south side of the St. Lawrence, in the
vicinity of Quebec, to the township of Shipion,
near the provincial boundary line, known as
" Craig's road," a distance of upwards of sixty
miles, by a detachment of troops, affording by it
a short and easy communication between the
new townships, and the Quebec market, and
a direct road from Quebec to Boston.
The new parliament (the seventh of Lower
Canada)! met at Quebec on the 12th of De-
• Mr. Corbeil.
f The representatives chosen for this parliament, were as follows : —
Borough of Three Rivers, Matthew Bell and Thomas Coffin ;
Borough of William Henry, Edward Bowen ; County of Surrey,
Pierre Bedard and Joseph Bedard; Lower Town of Quebec, Pierre
* Bruneau and John Mure ; County of Orleans, Charles Blouin ; East
Ward of Montreal, Joseph Papineau and Stephen Sewell ; County of
325
cember 1810, and the house of assembly hav-chap.
ing re-elected their former speaker the Gover- x
nor after again approving of their choice, 1810.
informed them by his speech : —
u That as he had never doubted the loyalty and zeal of the
several parliaments which he had occasion to meet since
he assumed the administration of the government of the
province ; so he relied with equal assurance, that he would
not fail to experience the same principles in that which he
was then addressing : and that in the confident expectation
that they were animated by the best intentions to promote
the interests of his Majesty's government, and the welfare
of his people : he should look for the happy effects of such
a disposition in the tenor of their deliberations and the dis-
patch of the public business.
" I desire to call your attention (said he) to the temporary
act for the better preservation of his Majesty's government,
as by law happily established in this province, and to that
for establishing regulations respecting aliens or certain sub-
jects of his Majesty who have resided in France. No change
has taken place in the state of the public affairs, that can
Warwick, James Cuthbert and Louis Olivier ; County of Devon, J. B.
Fortin andF. Bernier; County of Hertford, E. F. Roi and Francois
Blanchet ; County of Quebec, Louis Gauvreau and Jean Bte.Bedard ;
Upper Town of Quebec, James Irvine and C. Dene'chau ; County of
Montreal, Louis Roi Portelance and J. B. Durocher ; West Ward of
Montreal, E. N. St. Dizier and jJrch. N. M'Leud ; County of Lein-
ster, Jac. Archambeault and D. B. Viger; County of Richelieu, Ls.
Bourdages and Hyacinthe M. Delorme ; County of Effmgham, J.
Meunier and Jos, Malbreeuf dit Beausoleil ; County of Northumber-
land, Thomas Lee and Joseph Drapeau ; County of Dorchester, Pierre
Langlois and John Caldwell ; County of Hampshire, Francois X.
Larue and Francois Huot; County of Buckingham, F. Le Gendre
and J. Bte. Hebert; County of Saint Maurice, M. Caron andFrs.
Car0n ; County of Bedford, Alexis Desbleds ; County of York, Pierre
St. Julien and Francois Bellet ; County of Cornwallis, J. L. Borgia
and J. Rohitaille ; County of Kent, L. J. Papineau and P. D. De-
bartzch ; County of Huntingdon, J. A. Panet and Edme Henry ;
County of Gaspe, G. Pyke.
The reader will perceive that the names denoting an english origin,
(9) are now, as henceforward they will be, on the decrease.
£ e
326
Chap, warrant a departure from those precautions and that vigilance
XIII. which have hitherto induced all the branches of the legisla-
>-~— > ture to consider these acts as necessary. In saying that
1810. they are important to the interests of his Majesty's govern-
ment, you will not, I am confident, for a moment suppose,
that I mean to divide these from the interests of the public :
they are inseparable. The preservation of his Majesty's
government is the safety of the province, and its security is
the only safeguard to the public tranquillity. Under these
considerations I cannot therefore but recommend them,
together with the act making temporary provisions for the
regulation of trade between this province and the United
States, to your first and immediate consideration."
He intreated them to believe, that he should have great
satisfaction in cultivating that harmony and good understand-
ing which must be so conducive to the prosperity and happi-
ness of the colony, and that he should most readily and
cheerfully concur, in every measure which they might pro-
pose, tending to promote those important objects. He
concluded by observing u that the rule of his conduct was
to discharge his duty to his Sovereign by a constant atten-
tion to the welfare of his subjects which were committed
to his charge, and that he felt these objects to be promoted
by a strict adherence to the laws and to the principles of
the constitution, and by maintaining in their just balance the
rights and privileges of every branch of the legislature.."
Immediately after delivering his speech, he
sent a message to the house by a member of the
executive council, intimating that Mr. Bedard,
returned to serve as a member for the county
of Surrey, was detained in the common jail for
the district of Quebec, under a warrant of
three members of his Majesty's executive
council, by virtue of the act '•'for the better
preservation of his Majesty's government as by
law happily established in this province," for
treasonable practices. The assembly by an
humble address returned its thanks to his
327
excellency, for the communication. — The ulte- chap.
rior proceedings of the body, on the subject, *
will be noticed presently. 1S10,
It was evident from the tenor of the Gover-
nor's speech, and his subsequent message to
the house, that the renewal of this now un-
popular act would be insisted upon by the
government. The sentiments of the majority of
the house were, without doubt, entirely averse
to the recent measures of the administration ;
but, a refusal might embroil them more than
ever with the executive, and result in conse-
quences still more unpleasant than before. \
The dissolutions of the two preceding parlia-
ments were still fresh in their memory, and '
they knew the inflexible consistency of the
Governor's character. They observed in their
address to the Governor, in answer to his
speech : —
"Proud as we are of the just and elevated senti-
ments expressed by your Excellency, of the loyalty and
zeal of the several parliaments which your Excellency has
had occasion to meet in this province, we will leave noth-
ing undone, on our part, to convince your Excellency that
those principles exist in us, without the slightest diminu-
tion ; and, animated by the best intentions to promote the
interests of his Majesty's government, and the welfare of
our fellow subjects, the effects of those sentiments shall be
manifested in the tenor of our deliberations, and the dis-
patch of the public business.
" We concur with your Excellency, that no change has
taken place in the state of public affairs abroad, that can
warrant an abolition of the provisions of the provincial tem-
porary act which provides for the better preservation of his
Majesty's government, as by law happily established in this
province. Yet, we think it our duty to inform your Excel-
328
Chap, lency, that the fears and apprehensions which prevail
XIII. amongst a great number of his Majesty's loyal and faithful
•^•""^ subjects, in consequence of the execution of this act, will
1810. demand our serious consideration, before we can determine
if its continuation, in the whole of its present form and
tenor, will insure that confidence between his Majesty's
government and his subjects in Canada, which is the safe-
guard of the former, and of the interests of the public, in
themselves inseparable.
" A mature consideration of this act, and that for estab-
lishing regulations respecting aliens, and certain subjects of
his Majesty, who have resided in France, will become the
objects of our most serious attention ; and we will equally
keep in mind, all such measures as will secure that mutual
confidence, which we consider as the firmest support of the
government; being convinced with your Excellency, that
its preservation is the safety of the province, and its security
the best pledge of the public tranquillity.
" Fully convinced that it is the most sincere wish of your
.Excellency to cultivate that harmony and good understand-
ing, which is so conducive to the prosperity and happiness
of the colony, we shall cheerfully concur in any measure
tending to promote these important objects ; objects more
difficult to be obtained in this province, than any other of
his Majesty's colonies, from the difference in opinions cus-
toms and prejudices, of his Majesty's subjects residing
therein.
" We reflect with pain on the efforts which are made to
represent in false colors, and in a manner wide of the truth,
the opinions and sentiments of different classes of his Majes-
ty's subjects in this province.
" Following your excellency's example, let every one
fulfil his duty to our august sovereign, by an unremitting
attention to the interests of his government, and the happi-
ness of his subjects in this colony ; and he will feel that a
strict adherence to the laws and principles of the constitu-
tion, and a firm support of the equal rights and privileges of
every branch of the legislature, are the sole means of securing
to his Majesty's subjects in this province, the full and entire
enjoyment of their liberty, religious opinions and property ;
329
and which cannot be more perfectly confirmed to them, Ch
than by the free constitution which it has pleased his most XIII.
gracious Majesty and his parliament to grant to this pro- *^~>
vince." 1810.
Words can scarcely imply a more direct dis-
approval of the recent measures of the Gover-
nor, who felt the force of their reflections, and
replied in a way which left no room in their
minds to doubt of his resolution to prosecute
the renewal of the act in question. He re-
turned them his acknowledgments for the sen-
timents of loyalty, and the good intentions to
promote the interests of his Majesty's govern-
ment, and the welfare of their fellow subjects,
expressed in their address : —
u I shall at all times'' — said he, — "receive with atten-
tion any information or advice that the house of assembly
may think proper to convey to me : in the present instance,
however, 1 feel myself called on to observe, that my infor-
mation of Uhe state of the province does not warrant that
which you say you think it your duty to give me, of the
existence of fears and apprehensions, with relation to the
execution of the act for the better preservation of his
Majesty's government, at least as applied to the people in
general. If such fears and apprehensions exist, are they
not confined to those who are aware of the possibility of
themselves becoming obnoxious to the operation of the act ?
the voice of such will be always loud ; and may not their
clamour have misled you to suppose them more numerous
than I suppose they really are ? But with regard to the good
people of the province, I am so far from thinking that they
feel any apprehensions on the subject, that I date the sub-
siding of the ferment that then existed, and the restoration
of the calm that has since prevailed among them, precisely
from the moment at which the execution of the act took
place. Similar means to those formerly employed might
again revive the one and disturb the other, and none perhaps
E e 2
330
. would be more effectual for the purpose than infusing amongst
XIII. them the fears and apprehensions to which you have
alluded. Simple and uninstructed as they are, however, I
. sjian trust to their good sense for its being found difficult to
shake their confidence in his Majesty's government, because
they find it exercising for their protection the means with
which it is intrusted by law, or because they see thst govern-
ment armed with the power, and ready to step forward should
it become necessary, to crush the ans of faction or to meet
the machinations of treason. Viewing your address in the
light of an answer to my speech, I must remark that I have
been misunderstood in it.
" The harmony and good understanding which I expressed
myself desirous of cultivating, was that harmony and good
understanding between me and the other branches of the
legislature which must be so conducive to tne prosperity
and happiness of the colony. Whereas I perceive you have
applied the expression more generally to the existence of
these principles in the community at large. This would be
no otherwise of consequence than as it has furnished you
with the opportunity of bringing forward a sentiment in
which I desire most cordially and truly to express my entire
concurrence. I shall join with you in feeling pain in every
instance in which the passions of any one part cf his Ma-
jesty's subjects shall lead them to represent in false colours,
and in a manner wide of truth the opinions and sentiments
of any other part of their fellow subjects. Without any refe-
rence to example, let every one as you say,do his duty to the
king and to the public, and as you express yourselves aware
of the greater difficulty that exists in this province in the
attainment of the important object in question, so I confi-
dently trust I shall find you on all occasions exerting with
advantage the superior opportunity which is afforded you by
your situation as representatives of the people for promoting
and cultivating those true principles of affection and attach-
ment that may unite us as a free and happy people.''
This sarcastic reply of the Governor stung
them to the quick, but they were too well
acquainted with his firmness to disregard his
331
remarks. The acts recommended by the Gover-
nor were first introduced and passed in the
legislative council, from whence they were
sent down to the lower house, where also they ]l
were passed with unusual speed, although the
detention of one of their members in prison J
was the cause of much murmuring and disgust.
This obnoxious act was therefore reluctantly
continued with the old salvo in favor of the
rights and privileges of either house, and of
the members of the provincial legislature : it
being thereby provided that no member of
either house should be imprisoned or detained
during the sitting of parliament, until the mat-
ter of which he stood suspected was first com-
municated to the house of which he might be
a member, and the consent of that house ob-
tained for his commitment or detention. This
clause not having a retrospective effect, the
Governor still persisted in detaining the mem-
ber in confinement. His views on the occa-
sion will appear presently.
These preliminaries over, the house went to
work. A series of resolutions respecting Mr.
Bedard was passed, in which it was stated, —
" that by a warrant issued from the executive
council of the province, signed by three mem-
bers thereof, the said Pierre Bedard, esquire,
was, on the 1 9th day of March last, apprehend-
ed and committed for treasonable practices,
and still continues to be detained in the com-
mon gaol of Quebec by virtue of the said
warrant.
332
" That the said Pierre Bedard was elected
on the 27th of March last, and returned as one
of the knights representative of the county of
Surrey.
" That the said Pierre Bedard is now one
of the members of this house for the present
parliament : —
" Resolved, — That it is the opinion of this committee,
that the simple arrest and detention of any one of his Ma-
jesty's subjects, under and by virtue of the authority of the
temporary act of the provincial parliament, intituled, " An
act for the better preservation of his Majesty's government,
as by law happily established in this province," does not
bring him under the description of those who are declared
incapable of being elected to serve in the house of assem-
bly, by the 23d clause of the act of the parliament of Great
Britain, of the 31st year of his present Majesty, chap. 31.
" Resolved, — That it is the opinion of this committee,
that the provisions of the temporary act, intituled, " An act
for the better preservation of his Majesty's government, as
by law happily established in this province," guarantees to the
said Pierre Bedard, esquire, the right of sitting in this house.*
* In the act alluded to, there is a clause which it is probable the
assembly built upon, as follows : —
" Provided always, and be it enacted by the authority aforesaid,
that nothing in this act shall extend or be construed to invalidate or
restrain the lawful rights and privileges of either branch of the pro-
vincial parliament in this province." Jurists may determine whe-
ther the assembly were right in their interpretation, or not ; but it is
certain that the governor, who was no lawyer, (as he himself fre-
quently said) paid no attention to it whatever.
The bill passed this session contained the same provision, but under
the following words, as sent from the council : —
" Provided always, that nothing in the said (the above) act con-
tained, shall extend or be construed to invalidate or restrain the
lawful rights and privileges of either branch of the provincial parlia-
ment in this province, or to the imprisoning or detaining of any mem-
ber of either house of the said provincial parliament, during the sitting
of such parliament, until the matter of which he stands suspected be
first communicated to the house of which he is a member, and the
consent of the said house obtained for his commitment or detaining."
This was the last appearance of this obnoxious bill in parliament,
which refused to renew it, at the ensuing session.
333
" Resolved, — That it is the opinion of this commit?ee, that chap,
an humble address be presented to his excellency the gover- XI1L
nor in chief, to acquaint his excellency that this house have ^^^
taken into serious consideration his excellency's message of 1811«
the thirteenth instant, and have accordingly parsed several
resolutions, which they conceive to be their duty to submit
to his excellency ; and that it is the wish of this house,
should his excellency not deem it proper to lay before them
any further communication on this subject, that Pierre
Bedard, esquire, knight representative for the county of
Surrey, may take his seat in this house.'*
These were carried by a vote of 20 to 5,
and a committee consisting of Messieurs Bour-
dages, Papineau, senr., Bellet, Papineau, junr.,
Debartzch, Viger, Lee, and Bruneau, was
appointed to present the address to his excel-
lency, which it seems, however, they took
especial care not to do, as we find, by referring
to the journals of the house, in which the
following proceedings with respect to it
appear.
It was ordered, on the 5th of January, 181 1,
" that the members named by the house to
present to his excellency the governor in chief
the address voted by this house to his excel-
lency, on the 24th December last, do, on
Monday next, acquaint this house with their
proceedings thereon." Accordingly, on the
day appointedjwe find it stated on the journals,
" that Messieurs Bourdages, Debartzch, Bru-
neau and Lee, four of the members named to
present the said address, acquainted the house
that to their knowledge the said address had not
been presented to his excellency officially.''-
Besides this, " Mr. Viger, Mr. Bellet, and Mr,
334
chap. Papineau, junior, three of the members named
[^to present the said address, acquainted the
tan. bouse that they were never required agreeably
to the custom of this house, to wait on
his excellency and present to him the said
address."
" Mr.. Borgia moved to resolve, seconded
by Mr. Huot, that an enquiry be made of
the causes for which the messengers did
not officially present the address voted by
this house, on the 24th December last, to his
excellency the governor in chief." — " Mr.
Coffin moved in amendment, seconded by Mr.
Bowen, to leave out all the words after "that"
and insert, " the said messengers be discharg-
ed from presenting the said message." — " Mr.
Papineau, senior, moved, seconded by Mr.
Debartzch, that the consideration of the main
question and of the question in amendment be
adjourned," upon which the house divided,
yeas 16, nays 13 — and it being carried in the
affirmative, the matter was accordingly ad-
journed, and no more agitated during the
session. The solution of the above will appear
at the close of this chapter; as explained by his
excellency himself.
The repairs to the ancient castle St. Lewis,
for which, at a previous session, an appropria-
tion of <£7,000, currency, was made, had cost
£14,980, more than double the sum appro-
priated for the purpose ; but, upon examina-
tion of the details of expenditure, the difference
335
was cheerfully made up by the assembly a day chap.
or two previous to the prorogation.*
Several acts of importance were passed thisTsn,
session and received the royal sanction, includ-
ing that known as the " gaols' bill," a very
productive revenue act, yielding the last year,
(1810), upwards of twenty-two thousand
pounds, currency, and about to expire, but now
temporarily continued. The erection of a par-
liament house on the proceeds of it was con-
templated, and fifty thousand pounds were
accordingly voted for the purpose, which vote
however, never took effect, the necessities of
the public service, in the war with the United
States, which soon after followed, absorbing
the whole.f Besides the alien act, and that
" for the better preservation of the govern-^
ment," the militia act was continued to the first «
* " Resolved, — That an humble address be presented to his excel-
lency the governor in chief, praying his excellency that he will be
pleased to order that the sum of £7980 19s. 1 jd., currency, be taken
out of any unappropriated monies which are now, or may hereafter
be, in the hands of the receiver general of this province, to be applied
to discharge and cover the deficiency which has arisen between the
sum of £7,000, currency, granted by the act of the forty-eighth of his
Majesty, chapter thirty- fourth, for repairing and ameliorating the
ancient castle of St. Lewis, and the sum of £14,98'» 19s. l|d, cur-
rency, to which the said repairs and ameliorations do amount 5 and
that this house will, at the next session of the legislature make good
the same."
f " Resolved, — That it is expedient to erect, either together or sepa-
rately, and successively, one or more building or buildings, for the
purpose of holding with dignity, and in a suitable and advantageous
manner, the sittings of the legislature, with the offices and necessary
dependencies ; and also for holding the sittings of the executive coun-
cil, with its offices and necessary dependencies, and the offices of the
secretary of the province, and of the surveyor general.
" Resolved, — That a sum not less than fifty thousand pounds, cur-
rency, will be necessary to carry into execution the resolutions taken
by this committee." — —25th February, 1811.
336
chap, of March, 1813, and to the end of the war,
xui. invasion, or insurrection, if any there should
^^ then be. The bill to disqualify judges, and
; rendering them ineligible to the assembly, also
passed both houses and received the royal
sanction, a measure highly satisfactory to the
public. On the whole, the session went off
remarkably well, and with every appearance
of cordiality between the executive and the
popular branch.
The public business being brought to as
favorable a close as need be desired, his excel-
lency prorogued the legislature on the 21st of
March, with a speech, that, like all his previous
speeches, though rather long, prosy, and perhaps
unnecessarily admonitory, was remarkable, and
which, to do it no injustice, we insert at full
length. It is the best testimony that can be
resorted to for his opinion of the country and
times in which he governed it, and of his own
administration of the government : —
" Gentlemen of the legislative council, and gentlemen of
the house of assembly : —
"After so long and so laborious a session, I feel great
pleasure in being able to release you from any further at-
tendance, and that you can return to your constituents with
the satisfactory consciousness of not having neglected their
service, or overlooked their interests, in the various acts
that you have presented to me for his Majesty's assent.
" Upon the state of our public affairs, the difficulty of
communication with Europe has, this winter, appeared to
be greater than usual, probably owing to the impediments
thrown in the way of the american commerce, by the acts
of their government. I have therefore little to communicate.
The feelings which would otherwise have attended the
much lamented death of an amiable Princess, were almost
337
lost in the contemplation of the afflicting calamity by which chap,
that event was followed, in the alarming indisposition of our XIII.
revered Sovereign. Let us place our confidence in the v-*-v~
mercy of God, and trust that he will, in his gracious dis-1811.
pensaiion, realise those hopes, that are held out to us by
the last accounts that we have received, of his being speed-
ily restored in health, to his grateful people.
" It is scarcely necessary that I should observe upon a
new act of non-intercourse, or non-importation, with re-
spect to Great Britain, which has passed in the american
congress. By what I can understand, the best of their
lawyers are divided in their opinion as to its operation.
With us, however, I fear there can be no difference of sen-
timent, as to its being a branch of that system of partial and
irritating policy, which has so long marked their public pro-
ceedings towards us. The bill which you have so wisely
passed, for preventing the nefarious traffic that has been but
too long carried on, in the forgery of their bank notes, will
at least prove, that you have not suffered any sentiment of
resentment to weigh against those principles of liberal justice
with which you are at all times animated towards them.
" I have, gentlemen, to thank you, for the provision that
has been made for the payment of the expenditure that has
been incurred in the providing a habitation for your gover-
nor, beyond the sum originally voted for the purpose. Hav-
ing taken this step upon myself, in the confidence I placed
in the liberality of Parliament, I feel however some anxiety,
that the good people of the province should know, that the
expenditure has been conducted, by the gentlemen ap-
pointed to act as commissioners, with an economy that has
saved some thousands of pounds, and, with respect to my-
self, under the knowledge that there existed funds, by which
it could be answered, without laying any additional burthen
upon them.
" Among the acts to which I have just declared his
Majesty's assent, there is one which I have seen with
peculiar satisfaction. 1 mean the act for disqualifying the
judges from holding a seat in the house of assembly. It is
not only that I think the measure right in itself, but that I
consider the passing an act for the purpose, as a complete
renunciation of the erroneous principle, the acting upon
338
Chap, which, put me under the necessity of dissolving the last
XIII. parliament.
^-v--' " Gentlemen, you are now about to return to your homes,
1811. and to mix again in the common mass of your fellow citi-
zens ; let me entreat you to reflect upon the good that may
arise from your efforts to inculcate those true principles of
regularity and submission to the laws, that can alone give
stability to that degree of happiness which is attainable in
the present state of society. Your province is in an unex-
ampled progress of prosperity : riches are pouring in upon
the people, but their attendant evils, luxury and dissipation,
i will inevitably accompany them ; the danger of these is too
well known, to require that I should detain you, by enlarg-
ing upon it ; it will demand all the efforts of religion, and
of the magistracy, with the scarcely less powerful influence
of example and of advice in the well disposed and better
informed, to counteract their effects, to preserve the public
morals from sudden relaxation, and, finally, to bar the
entry to crime and depravity.
" A large tract of country, hitherto little known, has
been opened to you ; its inhabitants are industrious and in-
telligent, and they cultivate their lands with a productive
energy, well calculated to increase the resources of the
colony. Let them not on these grounds be objects of envy
or of jealousy ; rather let them be examples, to be carefully
watched and imitated, 'till, in the whole province, no other
difference of fertility shall appear, but what may arise from
variety of soil, or difference of climate.
"And now, gentlemen, I have only further to recom-
mend, that as in an early part of the session, you yourselves
took occasion to observe on the difficulty of the task, you
will proportionally exert your best endeavors to do away all
mistrust and animosity from among yourselves ; — while these
are suffered to remain, all exertion for the public good must
be palsied. No bar can exist to a cordial union— religious
differences present none — intolerance is not the disposition
of the present times— and, living under one government,
enjoying equally its protection and its fostering care, in the
mutual intercourse of kindness and benevolence, all others
will be found to be ideal. I am earnest in this advice, gen-
lemen. It is probably the last legacy of a very sincere
339
well-wisher, who, if he lives to reach the presence of his chap,
sovereign, would indeed present himself with the proud XIII.
certainty of obtaining his approbation, if he could conclude *^~
his report of his administration, with saying: I found, 1811.
sire, the portion of your subjects that you committed to my
charge, divided among themselves, viewing each other with
mistrust and jealousy, and animated, as they supposed, by
separate interests. I left them, sire, cordially united, in
the bonds of reciprocal esteem and confidence, and rivalling
each other only in affectionate attachment to your Majesty's
government, and in generous exertions for the public
good."
In this, as well as in former speeches to the
legislature, we find the sentiments of an honest,
frank, and philanthropic mind. Although he
was thought by many to have been under .
the influence of party, he was certainly uncon-
scious of it, himself. — But by profession a
soldier, and accustomed to war and campaign-
ing, the busy scenes of which he had just
left, on coming to Canada, he could not, per-
haps, divest himself of its prejudices, nor while
in a country where french was the general lan-
guage, but feel himself, from recent associa-
tions in his mind, surrounded by enemies, — a
sentiment which some of those about his per-
son, it is not unlikely, may have made it a busi-
ness to keep alive. His excellency received,
previous to the prorogation of the legislature,
intimation of the king's compliance with his \
request to be relieved of the government I
on account of his declining health ; tidings, not
less agreeable, it must be acknowledged, to
those whose licentiousness he had curbed,
than to himself, tired as he seems to have been
340
chap, of public life, and worn down in the service of
L his king and country.
isiT. Shortly after the prorogation of parliament,
the prison door was left open to Mr. Bedard.
— By some his release was attributed to
orders from his Majesty's ministers to that
effect ; by others to a conviction in the mind
of the governor of his innocence, or, at least,
of his having made ample atonement for his
errors, by the length and duress of his confine-
ment. But the following allocution (the authenti-
city of which may be relied upon, as taken from
the governor's own autograph on the matter,)
with respect to that gentleman, to his executive
council, shortly after the prorogation, eluci-
dates the subject as amply as can be desired : —
t( Gentlemen — In calling your attention to the imprison-
ment of Mr. Bedard, I am desirous of taking the opportunity
of offering a brief recapitulation of the several circumstances
that have attended if, with the view of leaving upon the
proceedings ©f the board a record of the motives by which I
have been actuated in the transaction.
" It is not necessary that I should advert to the occasion
of this gentleman's confinement ; it must be perfectly in your
recollection, and I believe no circumstance has since taken
place to cast a doubt on the expediency of the measure. In
the unanimity of the opinions, by which it was effected. I
felt confirmed in that which I had already formed, as to
the necessity of steps being immediately adopted to check
the mischief, with which we were threatened ; for it must
/ always be kept in view that Mr. Bedard's detention was a
* measure of precaution not of punishment, to which he could
be subjected only by a decision of the laws of his country.
"Upon this principle the other persons who were
imprisoned at the same time, with Mr. Bedard, having
expressed their conviction of their error — I did not hesitate
341
to consider their having done so a sufficient security for their chap,
not reverting to the same conduct, and it appearing that the XIII.
healths of both of them were in danger of being affected by v-*-v^/
their confinement, I was from that circumstance the more 1811.
readily induced to propose, and you concurred, in their
being released upon their giving security, for their forthcom-
ing, had it been necessary to call upon them.
'•' Upon the same principle, I have no doubt, you would
as readily have agreed with me, in as early a liberation of
Mr. B. — but having laid before you a petition which that
gentleman had presented me, it did not appear to any one
of us, to be of a nature to hold out the same expectation of
his abstaining from the conduct against which, precaution
was held to be necessary. As 1 did not think it proper to
return any answer to his petition, my not doing so, produced
a sort of communication between him and Mr. Foy*, to
which it does not seem necessary to advert any farther
than as regards the mode in which it concluded. It appear-
ing to me that he was desirous of knowing what was
expected of him ; I sent for his brother, a cure, who I
understood was in town, and in presence of one of the
members of the board, now present, I authorized him to
acquaint his brother with the motives which had induced
his confinement, and that looking only to the security
of his Majesty's government and the public tranquillity —
I had no wish that it should continue one moment beyond
what was required by those objects ; — that the moment he
expressed a sense of his error, in what he had done,f I
should consider that as a^ufficient security for his not return-
ing to the same dangerous course, and would immediately
propose his enlargement to you. His reply, through the
same channel, was couched in respectful terms, but de-
clined admitting an error of which he did not feel that he
had been guilty.
" Mr. Bedard having been re-elected into the provincial
parliament, it was not difficult to foresee that his imprison-
ment would become an object of discussion, when that
* The governor's secretary, in the absence of Mr. Ryland, who
was then in England.
f What had he done ? there is no clue to that, nor distinct allegation
of anything criminal beyond the indefinite one of treasonable practices. ,, V
F 2
342
chap, assembly met. It therefore became also a subject of serious
xni- consideration, on my part, the result of which was a
^ determination to pursue a line of conduct —to the particulars
L of which it is not necessary here to advert, as it would be
only anticipating an account of them, which I shall have
occasion shortly to give, and in which I can only use the
very words, which, I should otherwise now employ.
" You are all aware of the part taken by the house of
assembly, on the occasion. I had already been furnished
with a copy of the resolutions into which they had entered,
and was in the daily expectation of their being presented,
when I received an application from one of the leading
members, that I would admit him to a conference ; this was
the elder Mr. Papineau, member for Montreal, and the
subject was these very resolutions. — It would be irrelevant
to my present objectto refer to our conversation, any other-
wise, than as it drew from me ray final determination, and
the motives on which that determination was founded, which
I gave to him in the following words : — " no consideration,
sir, shall induce me to consent to the liberation of Mr.
Bedard, at the instance of the house of assembly, either as
a matter of right, or of favor, nor will I now consent to his
being enlarged on any terms during the sitting of the present
session, and I will not hesitate to inform you of the motives
by which I have been induced to come to this resolution. I
kno\v that the general language of the members has
encouraged the idea which universally prevails, that the
house of assembly will release Mr. Bedard; an idea so
firmly established that there is not a doubt entertained upon
it in the province; — the time is therefore come when I feel
that the security as well as the dignity of the King's govern-
ment imperiously require that the people should be made to
understand the true limits of the rights of the respective
parts of the government, and that it is not that of the house
of assembly to rule the country/'
" In rendering this account of my conversation with Mr.
Papineau, in so far as relates to the subject in question, I
have laid before the board the true grounds on which I
have hitherto acted in it, to which I may add — that I have
thought it necessary further to abstain from taking any
measures towards the enlargement of Mr. Bedard, till the
343
several members should have reached their respective homes, ^
when it would appear to be impossible by any mis-representa- XIIJ.
tion of theirs, for them to ascribe it to the interference of the ^^^
assembly. 1811.
" This object being now perfectly accomplished, and a
pretty general tranquillity reigning in the province, I submit
to your consideration whether the time be not arrived at
which it is proper to put an end to the confinement of Mr.
Bedard."
He was accordingly released.
On the 19th of June, 1811, the governor
embarked on board H. M. S. Amelia, for Eng-
land ; leaving Mr. Dunn again in charge of the
government, and lieutenant-general Drummond,
in command of the forces in the Canadas, con-
sisting of 445 artillery, 3783 regular troops, and
1 ,226 fencibles, in all 5,454 men. He is said
to have expressed, at the moment of his depar- -.
ture, a reflection on the deception, and ingra-
titude of mankind ; declaring that he had
experienced more of these human imperfec-
tions in Canada, than in the whole course of
his life before coming to it : but whether his
observations were intended to be general, or
aimed at some of those immediately concerned
with him in the conduct of public affairs, we
are left to imagine. His health had long been
wasting away with a dropsy and other infir-
mities contracted in the service of his country,
and he doubted whether he should live to see
the end of his voyage to England, which,
however, he survived some months. * Lan-
* Sir James H. Craig died in England, in the month of January.
1812, aged 62 years, having entered the service of his country in
1763, at the early age of 15 years. He was of a respectable Scottish
344
chap, guage could not convey to him addresses
XUL more gratifying than those, which, previous to
7" his departure, he received from different quar-
1811
family, the Craigs of Dalnair and Costarton, and born at Gibraltar,
where his father held the appointment of civil aud military judge.
In 1770, he was appointed aid-de-camp to general Sir Robert Boyd,
then Governor of Gibraltar, and obtained a company in the 47th
regiment, with which he went to America in 1774, and was present
at the battle of Bunker's hill, in which latter engagement he was
severely wounded. In 1776, he accompanied his regiment to Canada,
commanding his company in the action of Trois Rivieres, and he after-
wards commanded the advanced guard of the army in the expulsion of
the rebels in that province. In 1777, he was engaged in the actions
at Ticonderoga and Hubertown, in the latter of which engagements
he was again severely wounded. Ever in a position of honourable
danger, he received a third wound in the action at Freeman's farm.
He was engaged in the disastrous affair at Saratoga, and was then
distinguished by Gen. Burgoyne, and the brave Fraser, who fell in
that action, as a young officer who promised to attain to the very
height of the military career. On this occasion he was selected by
Gen. Burgoyne to carry home the despatches, and was immediately
thereafter promoted to a majority in the new 82d regiment, which he
accompanied to Nova Scotia in 1778, to Penobscot in 1779, and to
North Carolina {in 1781; being engaged in a continued scene
of active service during the whole of those campaigns, and gene-
rally commanding the light troops, with orders to act from his
own discretion, on which his superiors in command relied with
implicit confidence. In a service of this kind, the accuracy of his
intelligence, the fertility of his resources, and the clearness of his
military judgment, were alike conspicuous, and drew on him the
attention of his Sovereign, who noted him as an officer of the highest-
promise. In 1794 he obtained the rank of Major General, and in the
beginning of the following year he was sent on the expedition to the
Cape of Good Hope, where, in the reduction and conquest of that most
important settlement, with the co-operation of Admiral Sir G. K.
Elphinstone, and Major General Clarke, he attained to the highest
pitch of his military reputation, and performed that signal service to
his King and country, of which the memory will be as lasting as the
national annals. Nor were his merits less conspicuous in the admira-
ble plans of civil regulation, introduced by him in that hostile quarter,
when invested with the chief authority, civil and military, as Gover-
nor of the Cape, till succeeded in that situation by the Earl of
Macartney, in 1797, who, by a deputation Irom his Majesty, invested
General Craig with the Red Ribbon, as an honourable mark of his
Sovereign's just sense of his distinguished services. Sir James Craig
had scarcely returned to England, when it was his Majesty's pleasure
to require his services on the staff in India. On his arrival at Madras,
he was appointed to the command of an expedition against Manilla,
which not taking place, he proceeded to Bengal, and took the field
345
ters, in particular those of Quebec, Montreal, chap.
Three Rivers, the county of Warwick, and x
from Terrebonne. TSIL
The whole british population of Quebec
attended his excellency on his departure, from
the castle of St. Lewis for embarkation, tak-
ing from his carriage the horses, in the castle
yard, the multitude conveying it thence to the
king's wharf, where he embarked, under every
mark of affection and respect it was in their
power to shew him, and deeply affected by
their demonstrations of personal regard.*
service. During five years in India, his attention and talents were
unremittingly exerted to the improvement of the discipline of the
Indian army, and to the promotion of that harmonious co-operation
between its different constituent parts, on which not only the military
strength, but the civil arrangement of that portion of the british
empire so essentially depend. In January 1801, Sir James Craig was
promoted to the rank of Lieutenant General, and returned to England
in 1802, he was appointed to the command of the eastern district and
remained in England till 1805, when, notwithstanding his constitution
was much impaired by a long train of most active and fatiguing service,
he was selected by his Sovereign to take the command of the british
troops in the Mediterranean. He proceeded to Lisbon, Gibraltar,
Malta, and from thence to Naples, to act in co-operation with the
russian army. But the object of these plans being frustrated by the
event of the battle of Austerlitz, sir James withdrew the troops from
Naples to Messina, in Sicily. During the whole period of his com-
mand in the Mediterranean, he had suffered severely from thatmalady
wbich terminated his life — a dropsy, proceeding from an organic
affection of the liver ; and feeling his disease sensibly gaining ground,
he returned with his Sovereign's permission to England in 1806. A
temporary abatement of his disorder flattering him with a prospect of
recovery, and being unable to reconcile his mind to a situation of
inactivity, he once more accepted an active command from the choice
of his Sovereign, and in 1807, on the threatening appearance of
hostilities with the United American States, was sent out to Quebec,
as Governor in chief of British America. — (from, a memoir originally
published in Scotland.)
* " His excellency was received at the place of embarkation by
captain IRBY, and after addressing in an appropriate manner, the
worthy men who had paid him the last service he was ever to receive
in this province, he gave signs of embarrassment for the first time
since his residence amongst us. His heart was full ; and his calm and
346
chap. On the eve of his departure, an action of
^damages was instituted on the part of several
1811 of the proprietors of the " Canadien" press,
against the magistrate* who had seized it. This
action, however, proved abortive, owing to a
flaw in the proceedings, and was not renewed.
Sir James Henry Craig had been, from his
youth, in the service of his country, and owed
to merit alone, his rank and consideration in
the army. He had, upon several occasions, dis-
tinguished himself as an able officer, and stood
high in the estimation of his sovereign. He
was of an agreeable countenance,and impressive
presence, stout and rather below the middle
martial look subdued for an instant. He was not only about to ter-
minate an administration marked throughout by pure intentions and
successful results, — he was closing for ever a long career of useful
public life — he was taking leave of a whole community, whose esteem
he had justly won, and looking for the last time on a few who had
been his companions inarms in various quarters of the world, and
particularlyonone,f who long since, and through many of the changes
of his life, had enjoyed his entire confidence and friendship.
•'Whatever may now be said of this personage, will be spoken
across the grave. We shall never fix our eyes upon him again, nor
he ever more be approached by any of us. He has taken his seat in
history, where his fame will rise in proportion as he shall be judged
with rigor. It will be found by a thousand evidences that he united
the genius of greatness with an ardent love of doing good ; and pos-
sessed an association of talents seldom found in any individual. His
reigning passion was to perform his duty completely and conscienti-
ously ; his favorite amusement, to confer by acts of charity the means
of subsistence on the indigent, and to add to the relief of many in
declining circumstances. Every project, every act, whatever ob-
jects they might refer to, bore the impression of his character ; and if
one principle of it was stronger than another, it was discoverable in a
broad deep tone of benevolence, which reigned throughout the whole.
His appearance and address announced a superiority which was readily
admitted, because unequivocally felt ; and many who, from various
causes had frequent access to him, sensibly experienced the magic of
such an union of happy qualities." — Quebec Mercury 0/24JA June,l8\ I .
* Thomas Allison, esqr., an old officer, and formerly a captain in
H. M. 5th regiment of foot, then a resident in Quebec, since deceased.
f Probably, the adjt. -general,
347
stature : manly and dignified, in deportment,
but social, polite, and affable : positive in his XIIL
opinions, and decisive in his measures. — ^^
Although hasty in temper, he was, like most
men who are so, far from implacable, and, as
we have seen, easily reconciled to those who
may have incurred his displeasure. Hospita-
ble and princely in his style of living, he was
also munificent in his donations to public insti-
tutions— and for charitable purposes — a gene-
rous patron — and, for the last we shall mention,
though not the least of his virtues, — a friend
to the poor and destitute, none of whom
applying at his threshold, ever went away
unrelieved.
In reverting to those times, after the lapse
of seven and thirty years, in the course of
which all the actors and most of the spectators
have disappeared, a dispassionate and perhaps
just opinion of the government of that day,
may now be pronounced. It was guided, or
rather misguided, to speak more aptly, by a
few rapacious, overbearing, and irresponsible
officials, without stake or other connexion with (j^-s
the country than their offices ; having no sym-
pathy with the mass of the inhabitants or com-
munity of interests and feelings with them,
nor other claim or pretension to the people's
confidence and respect,than such as their places
together with the monopoly of the public
treasury,afforded them. They lorded it, never-
theless, over the people upon whose substance
they existed, and by whom, far from being
348
chap, confided in, they generally were hated. Their
xin. offices, however, and particularly their com-
^"p'mand of the treasury, over which the repre-
' sentatives of the country had not yet obtained
the controul that constitutionally appertained to
them, gave them a certain influence and aristo-
cratic standing, that did not belong to them,
and which placed them altogether in a false
position, according to all constitutional and
english notions of their true one. — Servants of
the government, they seemed to imagine them-
selves princes among the natives and inhabi-
tants, upon whom they affected to look down,
estranging them as far as they could from all
direct intercourse, or intimacy, except through
themselves, with the governor, whose confi-
dence, no less than the treasury it was their
policy to monopolise, and to keep him as a con-
veniency in their own hands. — They saw with
dread, as a prelude to the downfall of their
power, the offer of the assembly to defray the
necessary expenses of the civil government,
which, of course, would carry with it the right
of controlling those expenses, and necessarily
divest the officials of the possession of the
treasury, which constituted their greatness.
Much of the animosity of the times turned, it
should also be observed here, upon this vexed
question of the civil list, and which afterwards
contributed to involve the province in still
deeper troubles, finally resulting in the union.
Arriving in the country a stranger, the gover-
nor, however upright and independent he were,
349
(and no man could be more so than Sir J. H.c*iaP
Craig,) necessarily had to look for his informa- xm
tion and advice in matters of state, from those he
found constituting his council, or whose official
stations brought them into immediate commu-
nication with him. — It was, indeed, his duty to
consult them, and cautious as he might be, he
could not long remain perfectly unimpressiona-
ble against his constitutional advisers, for such
they were. — Once in possession of his confi-
dence, the rest is easily imagined. Seeing
matters but as they saw or thought fit to repre-
sent them, that he would take his impressions
from them, and gradually their prejudices also,
it is but natural to suppose. They wielded the
powers and dispensed the patronage of govern-
ment, without any of its responsibility, which
rested entirely upon him, while the country
had no real or efficient check or controul
either upon him or them. There was no access /
but through them to the governor's confidence,
and scarcely to his ear — no preferment, nor
admission to office till they were propitiated,
and their fiat, as a necessary qualification, were
obtained by the aspirant, and who also, in the
pursuit, probably, had often to lick the very dust
from their feet — their smiles were fortune and
their frowns were fate, to the candidates who
frequented the purlieus of the castle, or waited
in the anti-chambers of it in expectation of the
viceregal favors. — In fine, the governor, how-
ever unconscious of it he may have been, really
was in the hands of, and ruled by a clique of
G g
350
chap, officials rioting on the means of the country,
xiii. yet desiring nothing better than the privilege of
^J~ tyrannising it, and who, however obsequious to
him in appearance, were nevertheless his mas-
ters.— The government, in tact, was a bureau-
cracy, the governor himself little better than
an hostage, and the people looked upon and
treated as serfs and vassals, by these their
official lords. — Such was the inverted order of
the government in those times, any thing, it
must be avowed, but responsible in the english
acceptation and meaning of the term.
Whether the scheme of responsible govern-
ment, in which Canada now ( 1848) prides itself,
will prove a better speculation, posterity which
there is every probability will pay well for it,
will determine better than we, of the present
day, possibly can pretend to do.
It differs from the former in this, that they were
of the appointment of the crown solely, indepen-
dently of the country ; whereas these are named
at least with the concurrence of the representa-
tives of the people, if not absolutely of their joint
appointment with the crown, for, as pretended,
the mutual advantage of the governing and go-
verned, but on a basis always of corruption and
consequently no more than a bureaucracy of
another and still baser kind. Certain principal
officials or heads of departments are, accord-
ing to it, to retain, it seems, their offices, with
the large salaries appertaining to them, and
constitute the executive, council, or provincial
ministry, so long only as they ca^n preserve
seats in the assembly and secure a majority in
351
it of partisans or adherents — no matter by what chap.
means, that being their affair, — in proof of XIIL
their enjoying its confidence. In other words, ^^T
that while they can secure their dominion in
the assembly — in that body intended to be the
constitutional check upon them, and to whom
they are supposed responsible — and sway it at
pleasure, they shall be the responsible ministers,
with the treasury at command, and its attendant
influences, and theirs the spoils of office, as the
reward of corruption, and the means of perpe-
tuating it. — A fair understanding, in fact, that
corruption shall be legal, and the people pay,
provided always the representatives have their
share ; and this is the responsible government !
A more perfect inversion whereof, nevertheless,
it is difficult to conceive, promising but agitation
to the country and instability in the government
— a political eureka, for the moment the rage,
in which those who pay and those who receive,
equally rejoice and join with one accord. The
former bureaucracy held in subjection but the
one branch, without, any acknowledged respon-
sibility, it is true; — with the present, it is an
incumbent duty to sway the two, under indeed
a pretended responsibility amounting really to
nothing ; and we have had proof enough of the
arrogance and domineering spirit growing out of
it towards both branches, to deprecate the mons-
ter in its present shape. It is, in fact, but another
and more plausible scheme, to monopolise the
people's treasury among the few supposed to
possess their confidence, or what comes to that,
adroit enough, by corruption or otherwise, to
352
chap, make it appear so ; and to which for peace,
^ though let us hope, only as an experiment for
TsiT the moment, till the expensive mania subside,
the ruling power has complacently, however
delusively with respect to the public weal and
its own credit, acceded.
What system would be the most suitable and
best for our colonial state, and we are far from
ripe for any other, we have not, nor is it our
business, the presumption to suggest, nor the
talents to imagine ; but one less liable to corrup-
tion and of more efficient checks and balances
than that we possess, all who hitherto have
observed its operation will agree, is desirable,
demoralising as it is in its effects, and promising
neither strength nor stability to the government,
nor freedom nor satisfaction to the people. To
exclude the heads of departments and principal
officials from all participation in the political
concerns of the country, confining them exclu-
sively to their official duties will, perhaps, after
all, be found the wisest plan. While the admi-
nistration of the government is in the hands of
declared partisans, its every act will partake of
that character or be suspected of it, and there
will be no confidence in its justice or impartia-
lity, and the government esteemed any thing but
that of the sovereign and just.
The executive, at this time, consisted of
The chief justice Sewell.
Rt. reverend Jacob lord bishop of Quebec.
Thomas Dunn, Chief justice Monk, John Craigie,
P. de St. Ours, P. A. de Bonne, P. L. Panet,
Francis Baby, John Young, John Richardson,
James McGill, Jenkin Williams, James Irvine.
353
P. S. — In a work of this nature, we can have little to say in regard Chap,
to Sir J.H.Craig's military duties and government, but a general order XIII.
issued by himself, while in this command, and which subsequently, *^-v^
by order of the commander in chief, was read at the head of every 1811.
regiment in the british service, is so characteristic of the late Sir J.H.
Craig, as a british soldier, subject, and servant of the king, and alto-
gether so valuable a document, that we think we cannot do better
than give it a place in these pages : —
" HORSE GUARDS, January 18, 1810.
The commander in chief has directed the following order,
issued by the general officer commanding his Majesty's forces in
North America, to be inserted in the general orders of the army : —
" QUEBEC, 4th October, 1809.
" General Order. — The commander of the forces has lately had
occasion to see in a Halifax newspaper, a copy of an address present-
ed by the sergeants of the 1st battalion Royal Fusiliers, to captain
Orr, on that officer relinquishing the adjutancy, in consequence of
being promoted to a company. So novel a circumstance could not
fail to draw the attention of his excellency, it being the first of the
kind that has come to his knowledge during the forty-six years that he
has been in the service, and as the first instance has thus (so far as
he is aware at least), occurred on the part of the army, with the
charge of which the king has been pleased to entrust him, he feels
himself called on by every obligation of duty to his Majesty and the
service, to bear his testimony against it, by a public expression of
disapprobation.
" His excellency does not mean, in this instance, to ascribe any
improper motive to the sergeants — he has no doubt that their sole
view was to express their regard and gratitude towards an officer,
who, in the intimate connection that had officially subsisted between
them, had very commendably conducted himself with kindness to
them, without departing from that strictness of discipline which was
indispensable to the discharge of his duty.
" But while his excellency thus does justice to the intention of the
sergeants of the Royal Fusiliers, he desires at the same time very
seriously to observe to them, that in presuming to meet, in order to
deliberate on the conduct of their superior officer, they have in fact,
however unintentionally, been guilty of an act of great insubordination.
" It matters not that the design of the meeting, .or in whatever
manner the address was unanimously assented to,was solely to express
their respect and esteem, the very circumstance implies discussion,
and by that discussion they rendered themselves obnoxious to the im-
putation alluded to. Who, indeed, shall say where such a practice, if
once introduced, shall end7? If the non-commissioned officers of a
regiment are permitted to express their approbation of the conduct of
the adjutant, why may they not exercise the same right with respect
to their commanding officer 1 or what reason can be given why they
jshould not be equally entitled to express their disapprobation *? Indeed
should the practice become general, the merely withholding the for-
mer would imply the latter.
eg 2
354
< i| '' General Sir James Craig is the more desirous that his sentiments
Xlfl ' °U ^*S suk.Ject should be distinctly understood in the Fusiliers, because
' it appears on the face of the address of the sergeants in question, that
v^~v^-' it has been countenanced by the officer who then commanded the
1811. regiment. The commander of the forces does no more than justice to
the character and services of that officer, when he admits, that feeling
as he does the dangerous tendency of the practice which he is cen-
suring, he also feels himself the more bound to oppose it, in the first
instance, from the strength which it might otherwise derive from the
sanction which he appears to have given to it. — Lieut. -col. Pakenham
will, however, believe, that though it was impossible the general
should avoid this observation upon his error, yet his doing so can by
no means detract from the esteem with which he has been taught to
view his character as an officer, or the confidence which he should be
disposed to place in his services.
(Signed) " EDWARD BAY.VES,
Adjt.-Gen. to the british army serving in North America.
The reason for which the commander in chief has directed the cir-
culation of this order, is, that he may avail himself of this opportunity
of declaring to the army his most perfect concurrence in the senti-
ments therein expressed by the distinguished and experienced officer
by whom it was framed, on a subject which appears to have been, by
some, very much misunderstood. — The circumstance of inferiors o'f
any class of military men assembling for the purpose of bestowing
praise and public marks of approbation on their superiors, implies a
power of deliberation on their conduct, which belongs to the king
alone, or to those officers to whom his Majesty may be pleased to
entrust the command and discipline of his troops.
" It is a procedure equally objectionable, whether in the higher or
lower ranks of the army, and as the commander in chief cannot but
regard it as, in principle, subversive of all military discipline, he
trusts it is a practice which will be for ever banished from the british
service, as deserving of the highest censure, and he directs officers in
command to act accordingly.
" By command of the right honorable the commander in chief.
" HARRY CALVERT, Adj. Gen."
The following is a translation from the french, of one of a variety
of ordinances, or general orders, issued shortly after the conquest
by General Murray, as recorded in that language in a register
appertaining to the Literary and Historical society, of Quebec.
As an authentic record it must be valuable in the estimation of every
british subject, who likes to think wrell of his country, and believes in
the honor and integrity of its government, and will together with the
succeeding document be read, by such, with interest, particularly at
a time when agitation is likely again to be the order of the day. and
those of whom better things were to have been expected are at work,
abusing, flouting, reviling, not merely the colonial administration,
355
but the government of the great and glorious empire, the british, of
•which we make part, and justly may be proud, in terms the most X1IJ.
injurious and insolent that language affords and malice can supply ; ^^-^
accusing it also of injustice and tyranny, but of whose clemency and be- 1811
nevolence the very detractors themselves are living and striking proofs.
It is at all times satisfactory, particularly in such as these, to peruse
such records, and find them borne out thirty years afterwards by evi-
dence of the eminent,tlie wise, and the good,as bishop Plessis really was.
" By his Excellency James Murray, &c. &c.,
" His Majesty having signified through his minister to us, his royal
pleasure, that the french inhabitants of this colony, who being also his
subjects, have an equal right with others, to claim his protection —
be treated with the same humanity and tenderness, and enjoy fully
the same mild and benignant government, which, already so emi-
nently distinguish the happy auspices of his Majesty's reign, and
which constitute the happiness of all who are subjects of the british
empire ; — We by these presents declare — that all soldiers, sailors, or
others his Majesty's subjects, who shall be convicted of having in
the slightest degree insulted any Canadian habitants, now their
fellow subjects, either by malicious insinuations as to their inferiority
through the fortune of war, or by indecent railleries as to their
language, dress, manners, customs, or country, or by uncharitable
reflections upon the religion they profess ; shall be most rigorously
punished. We, moreover, declare that all persons trading, or dealing,
with the indians, or others, who taking advantage of their simplicity,
shall be convicted of having defrauded them, or of having attempted
to surprise them, whether those domiciliated within this government,
or those who are protected by it; shall, on being thereof convicted
be punished with the utmost severity, for disobedience of the King's
orders, and for dishonoring the commerce of Great Britain — and to
the end, that the inhabitants may know what recourse they have,
in case of complaint, against any of his Majesty's british subjects,
We command them to make their complaint either directly to us, in
person or to our secretary, or in his absence, to the " Grejfier en
chef" — to the end that they be heard and justice done, according a.s
to right it shall appertain. We also require all officers of his Britannic
Majesty, as well military as civil, to be aiding arid assisting in the
execution of these his Majesty's commands ; and to the end that no
person shall pretend ignorance of the same, the commanding officers,
of british regiments, will see that the present is published to their
several companies, throughout all the cantonments of this government,
and all commanders of ships and vessels, are also required to notify
the same to their respective crews, under pain of answering therefor
in case of neglect, and, it is moreover ordered, that the present
be read, published and affixed, when and where the same may be
necessary. "Quebec, llth March, 1762.
(Signed,) " JAMES MURRAY.
" By order, CRAMAHE', Secretary."
The following is taken from " the Quebec Gazette" of the 8th
December, 1847: —
356
Chap. THE CANAI>A DISSENSIONS.
XIII. The following extract from the funeral oration of Monseigneur
v-^v^' Jean Olivier Briand, bishop of Quebec, pronounced by the reverend
!*" Joseph Octave Plessis, in the cathedral church, on the 27th June,
<U' 1794, will shew that the " hatred " between the " new comers" and
the descendants of the first settlers of Canada, was not prevalent
thirty years after the cession of the province. If any such hatred
prevails at present, as is asserted by certain newspapers, it is the
work of the politicians and others seeking their own gratification
rather than the performance of their duty to their sovereign and the
welfare of the country.
The extract is from a manuscript in the hand writing of M. Plessis :
Extrait de Poraison funebre de Monseigneur Jean Olivier Briand,
eveque de Quebec — prononcee par Mgr. Joseph Octave Plessis, alors
cure de Quebec, le 27 Juin, 1794, dans la cathedrale de Quebec : —
" Les desordres qui regnaient dans cette colonie s'etaient sieve's
jusqu'au ciel, avaient crie vengeance et avaient provoqu^ la colere du
tout-puissant — Dieu la de"sola par les horreurs de la guerre, et, ce qui
fut considere par les ames justes comme un fleau encore plus terrible,
1'eglise du Canada se trouva veuve et sans chef, par la mort du pr£lat
qui la gouvernait depuis dix-neuf ans. (f) Perspective desolante !
Ah ! qu'elle repandit d'amertume dans toutes les families chretiennes.
Chacun plaignait son malheureux sort et s'affligeait de ne pouvoir
quitter un pays ou le royaume de Dieu allait etre cle'truit pour tou-
jours. Nos conquerants, regardes d'un reil ombrageux et jaloux,
n'inspiraient que de 1'horreur et du saisissement. On ne pouvait se
persuader que des hommes Strangers a notre sol, a notre langage, a
nos loix, a nos usages et a notre culte ; fussent jamais capables de
rendre au Canada ce qu'il venait de perdre en changeant de maitres.
Nation ge'ne'reuse, qui nous avez fait voir avec tant d'eVidence com-
bien ces prejuges etaient faux : nation industrieuse, qui avez fait
germer les richesses que cette terre renfermait dans son sein ; nation
exemplaire, qui dans ce moment de crise enseignez a 1'univers atten-
tif, en quoi consiste cette liberte apres laqudle tons les hommes soupi-
rent et dont si peu connaissent les justes bornes ; nation compatissante,
qui venez de recueillir avec tant d'humanite les sujets les plus fideles
et les plus maltraites de ce royaume auquel nous appartinmes autre-
fois ; (J) nation bienfaisarite, qui donnez chaque jour au Canada de
nouvelles preuves de votre liberalite ; — non, non, vous n'etes pas
nos ennemis, ni ceux de nos propri^tes que vos loix protegent, ni
ceux de notre sainte religion que vous respectez. — Pardonnez done
ces premiers defiances a un peuple qui n'avait pas encore le bonheur
de vous connaitre ; et si apres avoir appris le bouleversement de
P6tat et la destruction du vrai culte en France, et apres avoir go{it6
pendant trente-cinq ans les douceurs de votre empire, il se trouve
encore parmi nous quelques esprits assez aveugles ou assez mal inten-
tionn^s pour entretenir les memes ombrages et inspirer au peuple des
desirs criminels de retourner a ses anciens maitres ; n'imputez pas a
la totalite ce qui n'est que le vice d'un petit nombre.
•" Bien eloign£ de donnerdans ces erreurs, Mgr. Briand vit ;l peine
les armes britanniques placees sur nous portes de ville, qu'il conc,ut
en un instant que Dieu avait transfere a 1'Angleterre le domaine de
357
ce pays ; qu'avec le changement de possesseurs nos devoirs avaient
change d'objet ; que les liens quinous avaient jusqu'alors unisa la
France etaient rompus, que nos capitulations ainsi que la traite de
paix de 1763, etaient autant de nceuds qui nous attachaient ^ la Grande
Bretagne en nous soumettant a son Souverain ; il appercut ce que
personne ne soupc/nmait : que la religion elle-meme pouvait gagner a
ce changement de domination, &c.
" Mgr. Briand avait pour maxime qu'il n'y a de vrais chretiens, de
catholiques sinceres, que lessujets soumis a leur Souverain legitime.
II avait appris de Jesus-Christ, qu'il faut rendre a Cesar ce quiappar-
tient a Cesar ; de St. Paul, que tout ame doit etre soumise aux auto-
rite's etablies ; que celui qui resiste a la puissance re"siste a Dieu
meme, et que par cette resistance il merite la damnation ; du chef des
apotres, que le roi ne porte pas le glaive sans raison, qu'il fautl'ho-
norer par obeissance pour Dieu, propter Deum, tant en sa personne
qu'en celle des officiers et magistrats qu'il depute — sive ducibus tan-
quam ab eo missis. Tels sont, chre'tiens, sur cette matiere, les prin-
cipes de notre sainte religion ; principes que nous ne saurions trop
vous inculquer, ni vous remettre trop souvent devant les yeux, puis-
qu'ils font partie de cette morale evangelique a 1'observance de la-
quelle est attache votre salut. Neanmoins, lorsque nous vous expo-
sons quelquefois vos obligations sur cette article, vous murmurez
contre nous, vous nous accusez de vues interessees et politiques, et
croyez que nous passons les bornes de notre ministere ! Ah ! mes
f 're res, quelle injustice ! Avez-vous jamais lu que les premiers fide les
fissent de tels reproches aux apotres, ou ceux-ci an Sauveur dumonde
lorsqu'il leur developpait la meme doctrine 1 Cessez done de vouloir
nous imposer silence 5 car nonobstant vos reproches, nous necesserons
de vous le redire ; soyez sujets fideles,ou renoneez au titre de chretiens.
" Lors de ['invasion de 1775, notre illustre Prelat connaissait deja la
delicatesse, ou plutot 1'illusion d'une partie du peuplei cette 6gard.
Mais, il aurait cesse d'etre grand, si une telle consideration 1'avait fait
varier dans ses principes ou deranger dans 1'execution. Sans done s'in-
quieter des suites, il se hate de prescrire a tous les cures de son diocese la
conduite qu'ils doivent tenir dans cette circonstance delicate. Tous
re9oivent ses ordres avec respect et en font part a leurs ouailles. Le
Prelat preche d'examples en s'enlermant dans la capitale assieg^e.
Dieu benit cette resolution : le peuple, apres quelque incertitude,
reste enh'n dans son devoir : les citoyens se dependent avee zele et
courage. Au bout de quelques mois, un vent favorable dissipe la
tompete. Les Assyriens confus se retirent en de"sordre : Bethulie est
delivree, la province preservee, et nos temples retentissent de chants
de victoire et d'actions de graces. &c., &c."
[TRANSLATION,]
" The disorders which prevailed in this colony ascended to Heaven,
crying vengeance and provoking the wrath of the Almighty, God visi-
ted the country with the horrors of war, and, what was more felt by
devout minds, as a more terrible infliction, the church of Canada was
(f> Mgr. Pcveque Pontbriand, decede a Montreal, le 8 Juin, 1760,
(f) L'cmigration du clerg6 frao^ais ea Apglelerre.
358
Chan w^ov/e(' ky the death and privation of its chief, who had governed it
Xlli *<>r ll'!ieteen years ' (t) afflicting perspective ! It spread the severest
' grief among all Christian families. They all lamented their own
v-*^^ unfortunate lot, and that they could not live where the kingdom of
J811. God was threatened With destruction. Our conquerors were looked
upon with jealousy and suspicion, and inspired only apprehension.
People could not persuade themselves, that strangers to our soil, to
our language, our laws and usages, and our worship, would ever be
capable of restoring to Canada, what it had lost by a change of .
masters. Generous nation ! which has strongly demonstrated how
unfounded were those prejudices ; industrious nation ! which has
contributed to the development of those sources of wealth which
existed in the bosom of the country ; exemplary nation ! which in
times of trouble teaches to the woi'ld in what consists that liberty to
which ail men aspire and among whom so few know its just limits ;
kind hearted nation ! which has received, with so much humanity,
the most faithful subjects most cruelly driven from that kingdom to
which we formerly belonged ; (J) beneficent nation ! which every
day gives to Canada new proofs of liberality. No, no ! you are not
our enemies, nor of our properties -which are protected by your laws,
nor of our holy religion which you respect. Forgive then this early
misconception of a people who had not before the honour of being
acquainted with you; and if, after having learned the subversion of
the government and the destruction of the true worship in France,
after having enjoyed for thirty-five years the mildness of your sway,
there are some amongst us so blind or ill intentioned, as to entertain the
same suspicions and inspire the people with the criminal desire of
returning to their former masters ; do not impute to the whole people
what is only the vice of a small number.
" Far from yielding to these errors, Monseigneur Briand had hardly
seen the british a vms placed over the gates of our city, before he
perceived that God had transferred to England the dominion of the
country ; that with the change of possessors our duties had changed
their direction ; that the ties which heretofore bound us to France
were broken, and that our capitulations and the treaty of cession of
1763 were so many engagements which bound us to Great Britain and
to submit to her Sovereign ; he perceived what none had comprehended,
that religion itself might gain by the change of Government, &c.
" Mgr. Briand had for a maxim that there are no true Christians,
sincere catholics, but such as submit to their lawful Sovereign. He
had heard from Jesus Christ, that we must " render to Caesar the
the things that are Caesar's" ; from St. Paul, that every soul must
submit to the established authorities ; that those who resist the powers
that be. resist God himself, and by that resistance incur damnation ;
from the chief of the apostles, that the King does not carry the sword
in vain ; that he must be honoured in obedience to God, propter Deum,
both in his own person as in the persons of his officers and those to
whom he confides his authority, sive ducibus tanquum nb eo missi?.
Such, Christians, are, in this matter, the principles of our holy
religion, principles which we cannot too earnestly inculcate, nor
submit too frequently to your consideration, since they form part of
that gospel morality, in conformity to wlu'ch depends your salvation.
359
Nevertheless, when we occasionally hold forth observations on this £^30
head, you murmur against us, you complain with bitterness and YJIJ
accuse us of interested and political motives, and believe that we J
exceed the duties of our ministry. Ah ! my brethren, what injustice ! ^~'~*"
Did you ever read that the first of the faithful so reproached the 1811.
apostles, or that they so reproached the Saviour of the world, when
he expounded to them the same doctrines ? Cease then to endeavour
to induce us to silence ; for notwithstanding your reproaches we shall
never cease to repeat, be faithful subjects or renounce the name of
Christians.
"On the invasion of 1775, our illustrious Prelate was acquainted
with the scruples or rather the illusion of a part of the people on that
occasion. But he would have ceased to be worthy of his elevation if
such a consideration could have induced him to vary in his principles
or abstain from acting on them. Without apprehension of the conse-
quence, he hastened to prescribe to all the curates of his diocese the
conduct which they had to observe on this delicate occasion. AH
received his mandates with respect and- communicated them to their
flocks. The Prelate preached by example, shutting himself up in
the besieged capital. God blessed this resolution ; the people after
some incertitude defended themselves with zeal and courage. At the
end of several months a favorable wind dispelled the storm. The
Assyrians in dismay retired in disorder ; Bethulia was delivered, the
province preserved, and our temples resounded with the songs of
victory and thanksgiving, £c., &c."
It is gratifying to find such evidences in favor of the british govern-
ment and people, from so eminent a man and in all respects estimable,
as the late bishop Plessis, whose liberal and enlightenu mind , charac-
terized him in the opinions of all, as one of the first men of his country
and of his day ; and who in the elevated position he afterwards occupied
as the prime dignitary of his creed and church in Canada, the land of his
nativity, was not less distinguished as an hommed'elat than ecclesiastic.
The following letter written by General Simcoe, to the late Major
Holland, formerly Surveyor General, of Lower Canada — was in
October, 1825, communicated to the author of this work by John
Holland, Esq., of Prince Edward Island, who was then on a visit to
Quebec, (since deceased) with permission to make use of it. Mr.
Holland, (who was a son of the late Surveyor General of this province)
was in possession of his father's answer, and was to have forwarded
it on his return to the island ; but it never came to hand. General
Simcoe at the date of this letter was at Quebec on his way to Upper
Canada, of which he was the first Lieut. Governor : —
" Quebec, May 26th, 1792.
" Sir. — Having at different times during my residence in this place
had various conversations with you, on the operations of the army
under General Wolfe,— I feel myself most strongly induced to desiie
(|) Monseijrneur Pontbriand, who died at Montreal the 8th June, 176'0.
(I) The emigration of the French clergy to England.
360
r, of you to give me the substance of such part of them, in writing, as
yrTP* may tend to confirm me in the opinion I have been taught to form
Alll. from my infancy, of the consummate ability of that General.
v^*v~' " I beg to call to your recollection what I have told you — that the
1811. late Lord Sackville enquired of me, whether I had ever heard why
general Wolfe landed at Montmorenci, and afterwards attacked the
french works, in that quarter'? " Because" — said he, in a very
emphatical manner — " Colonel Simcoe and I tell you, that you may
remember it; — general Wolfe told me, before he left England, that he
would land where he afterwards did land." Personal observation has
confirmed me in the apparent impracticability of Mr. Wolfe's forcing
his way by the Montmorenci side, to Quebec ; and your conversations
have established in my mind the conviction that all his movements on
that side, even his attack, had it succeeded, were meant by him to be,
and would have been, no more than feints conducing to the accom-
plishing his original intent : that of assuming the masterly, but daring
position on the heights of Abraham, which at all events must have
terminated in the surrender of the town, or a battle, in which the
veteran troops of Great Britain, under the auspices of general Wolfe,
were certain to obtain that ascendency over the french army, princi-
pally composed of irregulars, which a disciplined force capable of
manoeuvring will always maintain over those who are not habituated
TO military movements. To support my ideas, I have to beg of you,
as the confidential engineer of general Wolfe — to give me in writing
those particulars, which you have formerly communicated, of your
very minute reconnoitring from the opposite shore, the plains of
Abraham, and of that plan which your friend, the general, had
intended to have pursued, should Monsieur Montcalm have declined to
attack the british army, when it ascended the plains.
" It has been said that the landing was not made exactly in the place
where it was intended. I should be glad for information on this point,
though not very material. A captain's guard could in no place have
prevented the british light infantry, commanded by such a man as Sir
William Howe, from securing the landing. It was to remove a strong
corps from the possibility of preoccupying that position before
General Wolfe could accomplish the landing, or formation, of his
army, to which all his designs must have tended.
" For my own conviction, I want no written evidence of Mr. Wolfe's
ability. I believe in my father's character of him, when at Louis-
bourg, that he was " skilful, brave, indefatigable, intelligent" — and
look upon his conquest of Quebec, as the result of all those qualities ;
but, I must own, I am sorry to see, what I conceive, erroneous
accounts propagated in foreign and some how or other fashionable
authors, and wish they should not mislead in future our national
historians. lam, Sir, with true respect, Your most obedient Servant
(Signed) J. G. SIMCOE.
" To Samuel Holland, esquire, surveyor general."
Mr. Simcoe's father commanded one of H. M Ship's of war, at the
reduction of Louisbourg.
END OF THE FIRST VOLUME.
January, 1848.]
F Christie, Robert
54/70 A history of the late
C55 Province of Lower Canada
1848
v.1
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