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CHAPTER VI.

Reasons for confining Political Sketch solely to Canada-Proclamation for Establishing the Government at Quebec and Inviting Emigration-An express Promise given that the Laws of England should be introduced-First great Error was ordering a Code of Laws to be compiled for the French, restoring the old tenure of their Estates-Quebec Act-Character of Loyalists-Constitution Act 31 George III., c. 31, divides Canada into two Provinces-Form of Government-The above-named Acts of Parliament the Cause of all the Canadian Troubles-Mistake in allowing French to be the recording Language, and in giving Constitutional Government before People were ready to receive it-First House of Assembly-Proportion of English and French MembersGradual Change in Character of Delegates-Impeachment of Judges-Repeated Reference to Parliament-Lord Aylmer entreats the Assembly to bring forward all their Grievances at once-Commission of Inquiry-Stoppage of Supplies-Distress of Public Officers-Rebellion-Thorne's Conduct-Arrival of Lord Durham-Review-Responsible Government-Enumeration of the Defects of the System-Remedies suggested.

At the conclusion of the War of Independence, there remained in possession of Great Britain but two provinces, Canada and Nova Scotia. The latter has subsequently been divided into two governments-one retaining its ancient name, and the other I called New Brunswick. These two last I shall pass over altogether. In point of territory they are severally very extensive; but their population is still small, although it possesses the great advantage of being homogeneous, well affected, and easily governed. A sketch of their political history would therefore be devoid of general interest in Europe. My remarks will be exclusively applied to Canada; so much so, that although there is a striking similarity in the constitution of all, I shall not even notice those particulars in which they differ or agree, or allude to them in any way whatever. That which may be made to work satisfactorily in a small colony, like Nova Scotia or New Brunswick, is as obviously inapplicable to a vast country like Canada, peopled by two irreconcilable races, as that of Great Britain, with its House of Peers, system of entail, and intrinsic connection of Church and

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* The first part of this chapter has been abridged from more extended works of the author on colonial matters and from provincial histories.

State, would be to an American province. It does not follow therefore, that, where defects are pointed out in the structure of the Canadian Government, that they exist elsewhere under the same institutions; for the character of the people, and their intelligence may be so different, that what is too democratic in one, may be too aristocratical or restrictive in the other. There, they may be so glaring as to require a remedy. Here, they may not be apparent, or if perceptible, not inconvenient. While at the same time, if their pressure is felt, modification only may be necessary, and not an organic change.

For this reason, I wish to guard myself from making sweeping assertions; which, for the causes I have assigned, can not be in all cases accurate, inasmuch as they could not always stand the test of universal application. I shall not therefore enter into any comparisons or digressions whatever, but limit my observations to the "Empire Colony" of Canada, the political changes of which I shall endeavor very briefly to sketch.

By the Treaty of Peace, in the year 1763, Canada was ceded in full sovereignty and right to his Britannic Majesty; and the French inhabitants, who chose to remain in the country, were secured in the enjoyment of their property and possessions, and the free exercise of their religion. In the month of October following, his Majesty published a proclamation for erecting the Government of Quebec, and exhorted his subjects, as well of Great Britain and Ireland, as also of his Colonies in America, to avail themselves of the benefits and advantages that would accrue from this great and valuable acquisition to their commerce, manufactures, and navigation. As an encouragement to them to do so, he informed them that in the commission he had forwarded to the Civil Governor, he had given him express power and directions to summon, sọ soon as circumstances would admit, a General Assembly, in such manner as was used in those colonies in America, which were under his Majesty's immediate government; and until a Legislature could be organized, all persons resorting there might confide in the royal protection, for the enjoyment of the benefit of the laws of his realm of England; that for that purpose, he had given power under the Great Seal to the governor, to erect and constitute Courts of Judicature, for the hearing and determining of all causes, as well criminal as civil, as near as might be, agreeably to the laws of England; and with liberty to all persons to

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appeal, under the usual limitations and restrictions, to his Majesty in his Privy Council.

It appears, therefore, both from the proclamation and commission, that the Ministry were evidently of opinion that, by the refusal of General Amherst, to grant to the Canadians the continuance of their ancient laws and usages, and by the reference made in the fourth article of the definitive treaty of peace, to those of Great Britain, as the measure of indulgence intended to be shown them with respect to the exercise of their religion, sufficient notice had been given them that they would be governed for the future according to the laws of England. It is evident also, that the inhabitants, after being thus apprised of his Majesty's intention, had testified their consent by continuing to reside in the country, and by taking the oath of allegiance, when they might have withdrawn themselves, with all their effects, within eighteen months, allowed by the treaty of peace for that object. In consequence of the introduction of the laws of England into the province, the governor, in an ordinance, dated the 17th day of September, 1764, directed the Chief Justice and other judges of the province to determine all criminal and civil causes, agreeably to them, with this just and prudent proviso, that the French laws and customs should be allowed and admitted in all causes in said court, between the natives of the province, in which the cause of action arose before the first day of October, 1764.

In consequence of these instruments of government, the laws of England were generally adopted. At this time the population of Canada amounted to 65,000 souls, and was chiefly confined to the banks of the St. Lawrence and its tributary streams. As the people had now become British subjects, it was deemed expedient to introduce, as soon as possible, emigrants of English extraction, as well for the purpose of creating a defensive power within the province, as to induce the French to acquire the language and adopt the habits of their conquerors. The officers and soldiers of the army, that had served in America during the inter-colonial wars, were rewarded with grants of land in the country; and liberal offers were made to the people in the other colonies, and to emigrants from Europe, to remove thither. The facilities of internal transport, the fertility of the soil, and salubrity of the climate, operated so powerfully, that, in a short time, the influx of strangers was so great as to induce the hope that it would speedily

rival the New England states in population and wealth; and no doubt can now be entertained that, if the terms of the proclamation had been honestly adhered to, these expectations would have been fully realized.

As a matter of policy, nothing could have been more wise than, since it had now become a British colony, to endeavor, as soon as possible, to make it so in fact, as well as in name. The first fatal error that was committed was ordering a code of laws to be prepared, with such modifications as would secure to the French the system of tenure and inheritance to which they had been accustomed. This occasioned much delay, and enabled their leaders to represent that any change would alienate the affections of the inhabitants, who would naturally extend to the government the dislike they felt to its institutions. Unfortunately, while this was under consideration, the time had arrived when they could enforce the demands with a threat, and the rebellion, which afterward broke out in the English provinces (now constituting the United States), made their conciliation a matter of state policy. It was, therefore, determined at once to restore the French laws as they existed at the conquest; and the celebrated Quebec Act, 14 Geo. III., c. 83, was passed for this purpose. The statute enacted, "that his Majesty's subjects, professing the religion of Rome, may enjoy the free exercise of it, and that its clergy may hold and receive their accustomed dues and rights;" and then empowered "his Majesty, his heirs or successors, to make provision for the support of the Protestant clergy within the said province.” But by far the most important clause was one, which after reciting that the English laws, that had prevailed there for ten years, administered and regulated under commissions to governors, had been found inapplicable to the state and circumstances of the country, enacted that from and after the 1st of May, 1775, the said English laws and practice of courts should be annulled. This flagrant violation of the promises held out in the proclamation, and of the terms upon which the people of British origin had settled there, filled them with dismay. They felt that they had the wretched choice presented to them of abandoning their property, or of remaining in a miserable minority, to be ruled and governed by foreigners, whose favor could only be conciliated by their forgetting their country, their language, and their religion as soon as possible, and becoming Frenchmen.

They accordingly lost no time in forwarding petitions, in which they were joined by the merchants of London interested in the North American trade, to the king and the two Houses of Parliament, expressive of their sense of the injury they had sustained, and the misery likely to be entailed by this statute upon the province. No repeal, however, was effected, and the act remained as it was passed. But the English found that their opponents were first in the field, whereby they were put on the defensive; so that instead of seeking what was due to themselves, they were compelled to expostulate, that too great a share had been given to their rivals. The advantage the French gained by this position they have constantly maintained, and it is a singular fact, that while the English have been the only aggrieved party in the country, the former have forestalled the attention of the public, and engrossed the whole of its sympathy. After the peace of 1783 the Loyalists withdrew from the United States, and the greater part of them removed into Canada, sacrificing their happy homes, and the comfortable estates, which they had previously acquired and enjoyed in the revolted colonies, and preferring the inhospitable wilds of the trackless forest, to yielding up their fidelity to their king. They consisted chiefly of the middle and upper classes in their own country, and were an intelligent, active and valuable body of men. No portion of the British possessions ever received such a noble acquisition.*

The experiment of settling America with republicans, and taxing them without their consent, had been tried and failed. A fairer prospect now opened to England than ever fell to the lot of any European nation, for successful colonization. With an experience of nearly two centuries in the art of planting and governing, with an immense territory, intersected with noble rivers and lakes, abounding in mineral wealth, and a fishery superior to any thing in the known world, an intelligent and devoted

* "I could adduce instances of conduct in loyalists that would do honor to human nature; but there is one which I can not pass over, because it shows with what firmness men will act, when they are conscious that they have taken the right side of a question. A fort was reduced by the Americans on the River Savannah, and such of the loyal militia as were in garrison there, had the alternative offered them of enlisting with the Americans, or being put to death. Among the loyalists was a young man who desired a few minutes to consider the proposal, and after a short pause he resolutely answered, 'that he preferred death to disgrace,' on which account he was immediately cut down." -Stokes on the British Colonies in North America, p. 43.

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