Captain Marryat (continued 8)

Note 1. The building of this Church was undertaken by the inhabitants of Peterborough and its vicinity, belonging to the church of England. In 1835 it was commenced, and, by great exertions, opened for Divine worship in December 1836, though not altogether finished. Nine hundred pounds was raised by voluntary contributions, not one farthing having been given by any public body to it. The gentlemen composing the building committee are responsible for the remainder due, being five hundred pounds. An advertisement for subscriptions to liquidate this debt has been for some weeks past inserted in a London newspaper.

Volume Three—Chapter Four.

The Canadas, continued.

Previous to my entering into a further examination of the Canada question, it will perhaps be better to recapitulate, in as few words as possible, what has already occurred, and the principal causes of the late insurrection.

When the Canadian provinces were reduced by the British arms, the inhabitants, being entirely French, were permitted to retain their own laws, their own language in Courts and public offices, and all their vested rights which had been granted to them by the French government. It was a generous, but, as it has been proved, an unwise policy. The form of government, as an English colony, was proposed, and acceded to by the French population, who, gratified by the liberality of their new rulers, cheerfully took the oath of allegiance. For many years, indeed it may be said until the close of the war of 1814, the population remained almost entirely French. England had been so long engaged in war, and the annual expenditure of life in her armies and her navies was so great, that she could not permit, much less encourage, emigration.

At the close of the war of 1814, the census of the population in the two Canadian provinces was as follows:— In Lower Canada, between three and four hundred thousand; in Upper Canada, from thirty to forty thousand, of which nineteen-twentieths were of French extraction. But the emigration during the last twenty-five years of peace has made a considerable change. The population of Lower Canada has increased to six hundred thousand, and that of Upper Canada now amounts to upwards of four hundred thousand. As the emigration has been almost wholly from the British dominions, it may be now fairly assumed that, taking the two provinces together, the English and French population are now on a par as to numbers; the English preponderate in the Upper province as much as the French do in the Lower. But if we are to consider the two nations of settlers as to their respective value as emigrants to the provinces, on the point of capital, industry, and enterprise, the scale will descend immediately in favour of the English population. The French are inactive, adverse to speculation, or even improvement. Every habitant is content with his farm as handed down to him by his progenitor, and the higher classes who hold the seigneuries are satisfied with their seignorial rights and the means of exaction which they afford to them. The privileges of these seigneurs, or lords of the manor, in Lower Canada, are very extensive, and a bar to all improvement or advance. They hold the exclusive right of hunting and fishing; all the water privileges, such as the erection of saw-mills, etcetera, are insured to them. The habitant is even compelled to send his flour to be ground at the mill of the lord of the manor. At the sale of every property, the lord of the manor receives one-twelfth of the proceeds. Thus, if a farm worth a few hundred pounds was to fall into the hands of an enterprising man, and he was to raise it to the value of thousands, more than the prime-cost would be deducted for the lord of the manor if he were compelled to part with it. This, with the other impediments to enterprise, has left Lower Canada in a state of quiescence, and the emigrants who have gone over have passed it by that they might settle on the more fertile and free province of Upper Canada. One of the writers in the daily press of New York has very truly remarked:—

“When the British first obtained the Canadas, its commerce consisted of a few peltries, conveyed to France by the vessels which brought out the troops and carried back the disbanded regiments. The lumber trade was unknown. The importations were a nonentity. While at present many hundreds of vessels are engaged in the direct timber trade, and more than one hundred and fifty vessels have been frequently counted on the river St. Lawrence. These, it must be remembered, are almost exclusively owned by British merchants; while the French Canadians own the land in the same proportion as the English do the trade.”

It was the knowledge of these facts, and that the English were every year rising in importance, (for they had not only secured the whole trade, but were gradually occupying the more fertile land of the Upper province,) which has created the jealousy and ill-will, and has been such a source of irritation to the French inhabitants of the Lower province. I have dwelt upon these facts because there is a very general opinion (which has most unfortunately been acted upon by our Government), that the legislature of the province should be guided by the interests of the majority, and this they have considered to be in favour of the French population; whereas in numbers they are about equal, and in point of wealth and importance, the English population are most decidedly in the advance; besides that, the former population would willingly separate themselves from the mother-country, and therefore deserve but little favour, while the latter are loyal and attached to it. The French having the ascendancy of five to one in the Lower province, have done all they can to check improvement. Public works which have cost large sums, have remained uncompleted, because the House of Assembly in the Lower province has refused to allow them to be carried on. Indeed, had the Lower province been allowed to continue in her career of opposition, she would have eventually rendered difficult all communication between the Upper province and the mother-country.

This is acknowledged in Lord Durham’s report, which says:—

“Without going so far as to accuse the Assembly of a deliberate design to check the settlement and improvement of Lower Canada, it cannot be denied that they looked with considerable jealousy and dislike on the increase and prosperity of what they regarded as a foreign and hostile race; they looked on the province as the patrimony of their own race; they viewed it not as a country to be settled, but as one already settled; and instead of legislating in the American spirit, and first providing for the future population of the province, their primary care was, in the spirit of legislation which prevails in the old world, to guard the interests and feelings of the present race of inhabitants, to whom they considered the newcomers as subordinate; they refused to increase the burthens of the country by imposing taxes to meet the expenditure required for improvement, and they also refused to direct to that object any of the funds previously devoted to other purposes. The improvement of the harbour of Montreal was suspended, from a political antipathy to a leading English merchant who had been the most active of the commissioners, and by whom it had been conducted with the most admirable success. It is but just to say, that some of the works which the Assembly authorised and encouraged, were undertaken on a scale of due moderation, and satisfactorily perfected and brought into operation. Others, especially the great communications which I have mentioned above, the Assembly showed a great reluctance to promote or even to permit. It is true that there was considerable foundation for their objections to the plan on which the Legislature of Upper Canada had commenced some of these works, and to the mode in which it had carried them on; but the English complained that, instead of profiting by the experience which they might have derived from this source, the Assembly seemed only to make its objections a pretext for doing nothing. The applications for banks, railroads, and canals were laid on one side until some general measures could be adopted with regard to such undertakings; but the general measures thus promised were never passed, and the particular enterprises in question were prevented. The adoption of a registry was refused, on the alleged ground of its inconsistency with the French institutions of the province, and no measure to attain this desirable end in a less obnoxious mode, was prepared by the leaders of the Assembly. The feudal tenure was supported, as a mild and just provision for the settlement of a new country; a kind of assurance given by a committee of the Assembly, that some steps should be taken to remove the most injurious incidents of the seignorial tenure, produced no practical results; and the enterprises of the English were still thwarted by the obnoxious laws of the country. In all these decisions of the Assembly, in its discussions, and in the apparent motives of its conduct, the English population perceived traces of a desire to repress the influx and the success of their race. A measure for imposing a tax on emigrants, though recommended by the Home Government, and warranted by the policy of those neighbouring States which give the greatest encouragement to emigration, was argued on such grounds in the Assembly, that it was not unjustly regarded as indicative of an intention to exclude any further accession to the English population; and the industry of the English was thus retarded by this conduct of the Assembly. Some districts, particularly that of the Eastern Townships, where the French race have no footing, were seriously injured by the refusal of necessary improvements; and the English inhabitants generally regarded the policy of; the Assembly as a plan for preventing any further emigration to the province, of stopping the growth of English wealth, and of rendering precarious the English property already invested or acquired in Lower Canada.”

It may be said, that latterly the French party, by the inconsiderate yielding of the Government at home, legislate for both provinces; and finding that they never could compete with the English in other points, their object has been to crush them as much as possible. (See Note 1.) The policy pursued by M. Papineau and his adherents, has therefore been to keep the Lower Province entirely in the hands of the French, and with this view they have as much as possible, prevented British settlers from obtaining land in Lower Canada; and that their rule might be absolute, over the French population, they have prevented their education, so that they might blindly follow those who guided them. These two assertions will be fully borne out by an examination into the public records.

The land being almost wholly in the possession of the French, M. Papineau’s first object was, to make the possession of landed property the tenure by which any employment of the trust under government could be held; and in this great object he succeeded. It must at once be perceived that, by this regulation alone, all British residents were excluded, and that if possessed of capital to any amount, whatever their stake in the colony might be, they were ruled and dictated to by the French party. No person could be an officer in the militia unless he was a landowner. The wealthy English merchant had to fall into the ranks, and be ordered about by an ignorant French farmer, a man who could not write or read, but made his cross to any paper presented to him for his signature.

By another enactment the grand juries were to be selected from those who were land-owners, and the consequence was, that in two grand juries selected in two succeeding years, there was only one man who could write or read out of the whole number, and the others fixed their cross to the bills found.

What was still more absurd was, that the office of trustee for the schools could only be held by the same tenure, and in the Act passed, it is provided, that the trustees for national education may be permitted to affix their cross to the school reports, a more convincing proof of the state of ignorance in which the Canadian French population have been held and acknowledged to be so by the French party, by the making such a proviso in the statute. I had a convincing proof myself of the ignorance of the French population during the rebellion in Lower Canada. I handed a printed circular to about four hundred prisoners who were collected, for one of them to read aloud to the rest, and there was not one who could read print.

Having secured the party in the province, the next object of M. Papineau and his adherents was, to blind the Government at home: they sent home a list of grievances which required redress, and in this they were joined by the English republican party. Among other demands, they insisted upon the right to the Lower Assembly having the control of the colonial revenues. So earnest was the Government at home to satisfy them, that every concession was made, and even the last great question of controlling their own expenditure was consented to, upon the sole condition that the civil list, for the payment of the salary of the governor and other state officers, was secured.

What was the conduct of M. Papineau and his party as soon as they had gained their point? They immediately broke their faith with the Government at home, and refused to vote the sum for the civil list.

For three years, the governor and all the public officers were without their salaries, which were at last provided for by a vote of the English Parliament at home. This nefarious conduct of the French Party had one good effect, it created a disunion with the English republican party, who, although they wished for reform, would be no participators in such a breach of honour.

That for many years there has been sad mismanagement on the part of the Government at home, cannot be denied, but the error has been the continual yielding to French clamour and misrepresentation, and the Government having lost sight of the fact that the English population were rapidly increasing, and had an equal right to the protection of the mother-country. It is the English population who have had real cause of complaint, and who are justified in demanding redress. The French have been only too well treated, and their demands became more imperious in proportion to the facility with which the Government yielded to them in their earnest, but mistaken, desire to put an end to the agitation of M. Papineau and his party. Mistaking the forbearance of the English government for weakness, M. Papineau issued his inflammatory appeals; the people were incited to rebellion; but even this conduct did not seem to rouse the Government at home, who had probably formed the idea that the French Canadian was too peaceful to have recourse to arms. Emboldened by the conduct on the part of the Government, which was ascribed to fear, and finding themselves supported by Mr Joseph Hume and Mr Roebuck at home, the republican party in Upper Canada openly declared itself, and a portion of the Canadian press issued the most treasonable articles without molestation. The Americans were not idle in fomenting this ill-will towards the mother country in the Upper Province, and the Papineau party proceeded to more active measures. Arrangements were made for a general rising of the Lower Province; the meeting of St. Charles took place, and resolutions were passed of a nature which could no longer be overlooked by the Provincial Government. For many months previous to the meeting at St. Charles, the Provincial Government had been aroused and aware of the danger, and Lord Gosford perceived the necessity of acting contrary to the orders received from home. Proofs had been obtained against those who were most active in the intended rebellion, and at last warrants were issued by the Attorney-General for their apprehension. It was this sudden and unexpected issue of the warrants which may be said to have saved the provinces. It defeated all the plans of the conspirators, who had not intended to have flown to arms until the next Spring, when their arrangements would have been fully made and organised. This fact I had from Bouchette, and three or four of the ringleaders, whom I visited in prison. They intended to have had the leaf on the tree, and the cold weather over, before they commenced operations; and had they waited till then the result might have been very serious, but the issue of the warrants for the apprehension of the leaders placed them in the awkward dilemma of either being deprived of them, or of having recourse to arms before their plans were fully matured. The latter was the alternative preferred; and the results of this unsuccessful attempt are well described in Lord Durham’s report:—

“The treasonable attempt of the French party to carry its political objects into effect by an appeal to arms, brought these hostile races into general and armed collision. I will not dwell on the melancholy scenes exhibited in the progress of the contest, or the fierce passions which held an unchecked sway during the insurrection, or immediately after its suppression. It is not difficult to conceive how greatly the evils, which I have described as previously existing, have been aggravated by the war; how terror and revenge nourished, in each portion of the population, a bitter and irreconcilable hatred to each other, and to the institutions of the country. The French population, who had for some time exercised a great and increasing power through the medium of the House of Assembly, found their hopes unexpectedly prostrated in the dust. The physical force which they had vaunted was called into action, and proved to be utterly inefficient. The hope of recovering their previous ascendancy under a constitution similar to that suspended, almost ceased to exist. Removed from all actual share in the government of their smaller country, they brood in silence over the memory of their fallen countrymen, of their burnt villages, of their ruined property, of their extinguished ascendancy, and of their humbled nationality. To the Government and the English they ascribe these wrongs, and nourish against both an indiscriminating and eternal animosity. Nor have the English inhabitants forgotten in their triumph, the terror with which they suddenly saw themselves surrounded by an insurgent majority, and the incidents which alone appeared to save them from the unchecked domination of their antagonists. They find themselves still a minority in the midst of a hostile and organised people; apprehensions of secret conspiracies and sanguinary designs haunt them unceasingly, and their only hope of safety is supposed to rest on systematically terrifying and disabling the French, and in preventing a majority of that race from ever and again being predominant in any portion of the legislature of the province. I describe in strong terms the feelings which appear to me to animate each portion of the population; and the picture which I draw represents a state of things so little familiar to the personal experience of the people of this country, that many will probably regard it as the work of mere imagination; but I feel confident that the accuracy and moderation of my description will be acknowledged by all who have seen the state of society in Lower Canada during the last year. Nor do I exaggerate the inevitable constancy, any more than the intensity of this animosity. Never again will the present generation of French Canadians yield a loyal submission to a British Government; never again will the English population tolerate the authority of a House of Assembly in which the French shall possess or even approximate to a majority.”

Although M. Papineau and his party were very willing to fraternise with the discontented party in Upper Canada, and to call forth the sympathy and the assistance of the Americans, their real intentions and wishes were to have made the Canadas an independent French province, in strict alliance with France. (See Note 2.) The assistance of the Upper Canada party would have been accepted until they were no longer required, and then there would have been an attempt, and very probably a successful one, to drive away by every means in their power the English settlers in Upper Canada to the United States. The Americans, on the other hand, cared nothing about the French or English grievances; their sympathy arose from nothing less than a wish to add the Canadas to their already vast territories, and to drive the English from their last possessions in America; but they also knew how to wear the cloak as well as M. Papineau, and had the insurrection been successful, both French and English would by this time have been subjected to their control, and M. Papineau would have found that he had only been a tool in the hands of the more astute and ambitious Americans. Such is my conviction: but this is certain, that whatever may have been the result of the former insurrection, or whatever may be the result of any future one (for the troubles are not yet over), the English in Upper Canada must fall a sacrifice to either one party or the other, unless they can succeed (which, with their present numbers and situation, will be difficult) in overpowering them both.

It may be inquired, what were the causes of discontent which occasioned the partial rising in Upper Canada. Strange to say, although Mackenzie and his party were in concert and correspondence with M. Papineau, the chief cause of discontent arose from the partiality shown by the English government to the French Canadians in Lower Canada; their grievances were their own, and they had no fellow-feeling with the French Canadians. If they had any prepossession at all, it was in favour of joining the American States, and to this they were instigated by the number of Americans who had settled in Upper Canada. There were several minor causes of discontent: the Scotch emigrants were displeased because the Government had decided that the clergy revenues were to be allotted only for the support of the Episcopal church, and not for the Presbyterian. But the great discontent was because the English settlers considered that they had been unfairly treated, and sacrificed by the government at home. But although discontent was general, a wish to rebel was not so, and here it was that Mackenzie found himself in error, and M. Papineau was deceived; instead of being joined by thousands, as they expected, from the Upper Province, they could only muster a few hundreds, who were easily dispersed: the feelings of loyalty prevailed, and those whom the rebel-leaders expected would have joined the standard of insurrection, enrolled themselves to trample it tinder foot. The behaviour of the settlers in Upper Canada was worthy of all praise; they had just grounds of complaint; they had been opposed and sacrificed to a malevolent and ungrateful French party in the Lower Province; yet when the question arose as to whether they should assist, or put down the insurrection, they immediately forgot their own wrongs, and proved their loyalty to their country.

The party who adhered to Mackenzie may well be considered as an American party; for Upper Canada had been so neglected and uncared for, that the Americans had already obtained great influence there. Indeed, when it is stated that Mathews and Lount, the two members of the Upper House of Assembly who were executed for treason, were both Americans, it is evident that the Americans had even obtained a share in the legislation of the province. When I passed through the Upper Province, I remarked that, independently of some of the best land being held by Americans, the landlords of the inns, the contractors for transporting the mails, and drivers of coaches, were almost without exception, Americans.

One cause of the Americans wishing that the Canadas should be wrested from the English was that, by an Act of the Legislature, they were not able to hold lands in the province. It is true that they could purchase them, but if they wished to sell them, the title was not valid. Colonel Prince, whose name was so conspicuous during the late troubles, brought in a bill to allow Americans to hold land in Upper Canada, but the bill was thrown out. It scarcely need be observed that Colonel Prince is now as violent an opponent to the bill. See Note 3. He has had quite enough of Americans in Upper Canada.

It was fortunate for the country that there was such a man as Sir John Colborne, and aided by Sir Francis Head, at that period in the command of the two provinces. Of the first it is not necessary that I should add my tribute of admiration to that which Sir John Colborne has already so unanimously received. Sir Francis Head has not been quite so fortunate, and has been accused (most unjustly) of rashness and want of due precaution. Now the only grounds upon which this charge can be preferred is, his sending down to Sir John Colborne all the regular troops, when he was requested if possible so to do. I was at this period at Toronto, and as I had the pleasure of being intimate with Sir Francis, I had fell knowledge of the causes of this decision. Sir Francis said, “I have but two hundred regular troops; they will be of great service in the Lower Province, when added to those which Sir John Colborne already has under his command. Here they are not sufficient to stem an insurrection if it be formidable. I do not know what may be the strength of the rebels until they show themselves, but I think I do know the number who will support me. Should the rebels prove in great three, these two companies of regular troops will be overwhelmed, and what I consider is, not any partial success of the rebel party, but the moral effect which success over regular troops will create. There are, I am sure, thousands who are at present undecided, who, if they heard that the regular troops, of whom they have such dread, were overcome, would join the rebel cause. This is what I fear; as for any advantage gained over me, when I have only militia to oppose to them, that is of little consequence. When Sir John Colborne has defeated them in Lower Canada, he can then come up here, with the regular troops.”

I believe these to be the very words used by Sir Francis Head when he asked my opinion on the subject, and I agreed with him most cordially; but if any one is inclined to suppose, from the light, playful, and I must say, undiplomatic style of Sir Francis’s despatches, that he had not calculated every chance, and made every disposition which prudence and foresight could suggest, they are very much mistaken. The most perfect confidence was reposed in him by all parties; and the event proved that he was not out in his calculations, for with the militia alone he put down the rebellion. During the short time from Sir Francis Head’s going out, until he requested to be recalled, he did more good to that province, and more to secure the English dominion than could be imagined, and had he not been governor of the province for some time previous to the rebellion, I strongly surmise that it would have been lost to this country.

The events of the rebellion are too fresh in the reader’s memory to be mentioned here. It is, however, necessary to examine into the present state of affairs, for it must not be supposed that the troubles have yet ceased.

First, as to the French Canadian party. If I am not very much mistaken, this may be considered as broken up; the severe lesson received from the English troops, and the want of confidence in their leaders from their cowardice and inability, will prevent the French Canadians from again taking up arms. They are naturally a peaceable, inoffensive, good-tempered people, and nothing but the earnest instigation of a portion of their priests, the notaries, and the doctors, (the three parties who most mix with the habitants), would have ever roused them to rebellion. As it is, I consider that they are efficiently quelled, and will be quiet, at least for one generation, if the measures of the government at home are judicious. The cause of the great influence obtained by the people I have specified over the habitants is well explained in Lord Durham’s Report. Speaking of the public seminaries, he says:—

“The education given in these establishments greatly resembles the kind given in the English public schools, though it is rather more varied. It is entirely in the hands of the Catholic clergy. The number of pupils in these establishments is estimated altogether at about a thousand; and they turn out every year, as far as I could ascertain, between two and three hundred young men thus educated. Almost all of these are members of the family of some habitant, whom the possession of greater quickness than his brothers has induced the father or the curate of the parish to select and send to the seminary. These young men, possessing a degree of information immeasurably superior to that of their families, are naturally averse to what they regard as descending to the humble occupations of their parents. A few become priests; but as the military and naval professions are closed against the colonist, the greater part can only find a position suited to their notions of their own qualifications in the learned professions of advocate, notary, and surgeon. As from this cause these professions are greatly overstocked, we find every village in Lower Canada filled with notaries and surgeons, with little practice to occupy their attention, and living among their own families, or at any rate among exactly the same class. Thus the persons of most education in every village belong to the same families, and the same original station in life, as the illiterate habitants whom I have described. They are connected with them by all the associations of early youth, and the ties of blood. The most perfect equality always marks their intercourse, and the superior in education is separated by no barrier of manners, or pride, or distinct interests, from the singularly ignorant peasantry by which he is surrounded. He combines, therefore, the influences of superior knowledge, and social equality, and wields a power over the mass, which I do not believe that the educated class of any other portion of the world possess.”

The second party, which are the discontented, yet loyal English of Upper Canada, are entitled to, and it is hoped will receive the justice they claim they well deserve it. It is the duty, as well as the interest of the mother country to foster loyalty, enterprise, and activity, and it is chiefly in Upper Canada that it is to be found. One great advantage has arisen from the late troubles, which is, that they have driven most of the Americans out of the province, and have created such a feeling of indignation and hatred towards them in the breasts of the Upper Canadians, that there is no chance of their fraternising for at least another half century. Nothing could have proved more unfortunate to the American desire of obtaining the Canadas than the result of the late rebellions. Should the Upper Canadians, from any continued injustice and misrule on the part of the mother country, be determined to separate, at all events it will not be to ally themselves with the Americans. In Lord Durham’s Report we have the following remarks:—

“I have, in despatches of a later date than that to which I have had occasion so frequently to refer, called the attention of the Home Government to the growth of this alarming state of feeling among the English population. The course of the late troubles, and the assistance which the French insurgents derived from some citizens of the United States, have caused a most intense exasperation among the Canadian loyalists against the American government and people. Their papers have teemed with the most unmeasured denunciations of the good faith of the authorities, of the character and morality of the people, and of the political institutions of the United States. Yet, under this surface of hostility, it is easy to detect a strong under-current of an exactly contrary feeling. As the general opinion of the American people became more and more apparent during the course of the last year, the English of Lower Canada were surprised to find how strong, in spite of the first burst of sympathy, with a people supposed to be struggling for independence, was the real sympathy of their republican neighbours with the great objects of the minority. Without abandoning their attachment to their mother country, they have begun, as men in a state of uncertainty are apt to do, to calculate the probable consequences of a separation, if it should unfortunately occur, and be followed by an incorporation with the United States. In spite of the shock which it would occasion their feelings, they undoubtedly think that they should find some compensation in the promotion of their interests; they believe that the influx of American emigration would speedily place the English race in a majority; they talk frequently and loudly of what has occurred in Louisiana, where, by means which they utterly misrepresent, the end nevertheless of securing an English predominance over a French population has undoubtedly been attained; they assert very confidently, that the Americans would make a very speedy and decisive settlement of the pretensions of the French; and they believe that, after the first shock of an entirely new political state had been got over, they and their posterity would share in that amazing progress, and that great material prosperity, which every day’s experience shows them is the lot of the people of the United States. I do not believe that such a feeling has yet sapped their strong allegiance to the British empire; but their allegiance is founded on their deep-rooted attachment to British, as distinguished from French institutions. And if they find that that authority which they have maintained against its recent assailants, is to be exerted in such a manner as to subject them to what they call a French dominion, I feel perfectly confident that they would attempt to avert the result, by courting, on any terms, an union with an Anglo-Saxon people.”

Here I do not agree with his lordship. That such was the feeling previous to the insurrection I believe, and notwithstanding the defeat of the insurgents, would have remained so, had it not been for the piratical attacks of the Americans, which their own government could not control. This was a lesson to the Upper Canadians. They perceived that there was no security for life or property—no law to check outrage—and they felt severely the consequences of this state of things in the destruction of their property and the attempts upon their lives by a nation professing to be in amity with them. Fraternise with the Americans the Upper Canadians will not. They may be subdued by them if they throw off the allegiance and protection of the mother-country, as they would be hemmed in between two hostile parties, and find it almost impossible, with their present population, to withstand their united efforts. But should a conflict of this kind take place, and the Upper Canadians be allowed but a short period of repose, or could they hold the Americans in check for a time, they would sweep the whole race of the Lower Canadians from the face of the earth. Their feelings towards the Lower Canadians are well explained in Lord Durham’s Report:—

“In the despatch above referred to I also described the state of feeling among the English population, nor can I encourage a hope that that portion of the community is at all more inclined to any settlement of the present quarrel that would leave any share of power to the hostile race. Circumstances having thrown the English into the ranks of the government, and the folly of their opponents having placed them, on the other hand, in a state of permanent collision with it, the former possess the advantage of having the force of government, and the authority of the laws on their side in the present state of the contest. Their exertions during the recent troubles have contributed to maintain the supremacy of the law, and the continuance of the connexion with Great Britain; but it would, in my opinion, be dangerous to rely on the continuance of such a state of feeling, as now prevails among them, in the event of a different policy being adopted by the Imperial government. Indeed the prevalent sentiment among them is one of any thing but satisfaction with the course which has been long pursued, with reference td Lower Canada, by the British legislature and executive. The calmer view, which distant spectators are enabled to take of the conduct of the two parties, and the disposition which is evinced to make a fair adjustment of the contending claims, appear iniquitous and injurious in the eyes of men who think that they alone have any claim to the favour of that government, by which they alone have stood fast. They complain loudly and bitterly of the whole course pursued by the Imperial Government, with respect to the quarrel of the two races, as having been rounded on an utter ignorance of, or disregard to the real question at issue, as having fostered the mischievous pretensions of French nationality, and as having, by the vacillation and inconsistency which marked it, discouraged loyalty and fomented rebellion. Every measure of clemency, or even justice, towards their opponents, they regard with jealousy, as indicating a disposition towards that conciliatory policy which is the subject of their angry recollection; for they feel that being a minority, any return to the due course of constitutional government would again subject them to a French majority: and to this I am persuaded they would never peaceably submit. They do not hesitate to say that they will not tolerate much longer the being made the sport of parties at home, and that if the mother country forgets what is due to the loyal and enterprising men of her own race, they must protect themselves. In the significant language of one of their own ablest advocates, they assert that ‘Lower Canada must be English, at the expense, if necessary, of not being British.’”

The third party, which is the American, is the only one at present inclined to move, and in all probability they will commence as soon as the winter sets in; for however opposed to this shameful violation of the laws of nations the President, officers, and respectable portion of the American Union may be, it is certain that the majority are represented by these marauders, and the removal of our troops would be a signal for immediate aggression.

The Americans will tell you that the sympathy, as they term it, only exists on the borders of the lakes; that it extends no further, and that they are all opposed to it, etcetera. Such is not the case. The greatest excitement which was shown any where was perhaps at Albany, the capital of the State of New York, on the Hudson river, and two hundred miles at least from the boundary; but not only there, but even on the Mississippi the feeling was the same; in fact, it was the feeling of the majority. In a letter I received the other day from a friend in New York, there is the following remark:—

“Bill Johnson (the pirate on lake Ontario) held his levées here during the winter. They were thronged with all the best people of the city.”

Now, the quarter from whence I received this intelligence is to be relied upon; and that it was the case I have no doubt. And why should they feel such interest about a pirate like Bill Johnson? Simply because he had assailed the English. This may appear a trifle; but a straw thrown up shows in what direction the wind blows.

At present there is no want of troops to defend the Canadas against a foreign attack, and little inclination to rebel in the provinces themselves. That now required is, that the legislature should be improved so as to do justice to all parties, and such an encouragement given to enterprise and industry as to induce a more extended emigration.

Lord Durham has very correctly observed, that it is not now a conflict of principles between the English and French, but a conflict of the two races. He says:—

“I expected to find a contest between a government and a people: I found two nations warring in the bosom of a single state: I found a struggle, not of principles, but of races; and I perceived that it would be idle to attempt any amelioration of laws or institutions until we could first succeed in terminating a deadly animosity that now separates the inhabitants of Lower Canada into the hostile divisions of French and English.”

But why should this conflict between the two races have taken place? Firstly, because the French, by the injudicious generosity of our Government in allowing them to retain their language in public affairs, with all their customs and usages, were allowed to remain a French colony, instead of amalgamating them with the English, as might have been done. Subsequently, because the interests of the English colonists have been sacrificed to the French, who, nevertheless, became disaffected, and would have thrown off the English dominion. Lord Durham very correctly adds:—

“Such is the lamentable and hazardous state of things produced by the conflict of races which has so long divided the province of Lower Canada, and which has assumed the formidable and irreconcilable character which I have depicted. In describing the nature of this conflict, I have specified the causes in which it originated; and though I have mentioned the conduct and constitution of the colonial government, as modifying the character of the struggle, I have not attributed to political causes a state of things which would, I believe, tinder any political institutions have resulted from the very composition of society. A jealousy between two races, so long habituated to regard each other with hereditary enmity, and so differing in habits, in language, and in laws, would have been inevitable under any form of government. That liberal institutions and prudent policy might have changed the character of the struggle, I have no doubt; but they could not have prevented it; they could only have softened its character, and brought it more speedily to a more decisive and peaceful conclusion. Unhappily, however, the system of government pursued in Lower Canada has been based on the policy of perpetuating that very separation of the races, and encouraging these very notions of conflicting nationalities which it ought to have been the first and chief care of Government to check and extinguish. From the period of the conquest to the present time, the conduct has aggravated the evil, and the origin of the present extreme disorder may be found in the institutions by which the character of the colony was determined.”

We have, therefore, to legislate between the two parties, and let us, previous to entering upon the question, examine into their respective merits. On the one hand we have a French population who, after having received every favour which could be granted with a due regard to freedom, have insisted upon, and have obtained much more, and who in return for all the kindness heaped upon them, excited by envy and jealousy of an energy and enterprise of which they were incapable, have risen in rebellion, with the hopes of making themselves an independent nation.

On the other hand we have a generous, high-spirited race of our own blood, and migrating from our own soil, who having been unfairly treated, and having just grounds of complaint against the mother-country, have nevertheless forgotten their own wrongs, and, to a mail, flown to arms, willing to shed their blood in defence of the mother-country.

Add to this, we have the French inhabiting a comparatively sterile country, without activity or enterprise; the English, in a country fertile to excess, possessing most of the capital, and the only portion of the colonists to whom we can safely confide the defence of that which I trust I have proved to the reader to be the most important outpost in the English dominions. Bearing all this in mind, and also remembering that if the emigration to Upper Canada again revive, that this latter population will in a few years be an immense majority, and will ultimately wholly swallow up all the former, we may now proceed to consider what should be the policy of the mother-country.

Note 1. It was not long after the conquest, that another and larger class of English settlers began to enter the province. English capital was attracted to Canada by the vast quantity and valuable nature of the exportable produce of the country, and the great facilities for commerce, presented by the natural means of internal intercourse. The ancient trade of the country was conducted on a much larger and more profitable scale; and new branches of industry were explored. The active and regular habits of the English capitalist drove out of all the more profitable kinds of industry their inert and careless competitors of the French race; but in respect of the greater part (almost the whole) of the commerce and manufactures of the country, the English cannot be said to have encroached on the French; for, in fact, they created employments and profits which had not previously existed. A few of the ancient race smarted under the loss occasioned by the success of English competition; but all felt yet more acutely the gradual increase of a class of strangers in whose hands the wealth of the country appeared to centre, and whose expenditure and influence eclipsed those of the class which had previously occupied the first position in the country. Nor was the intrusion of the English limited to commercial enterprises. By degrees, large portions of land were occupied by them; nor did they confine themselves to the unsettled and distant country of the townships. The wealthy capitalist invested his money in the purchase of seignorial properties; and it is estimated, that at the present moment full half of the more valuable seignories are actually owned by English proprietors. The seignorial tenure is one so little adapted to our notions of proprietary rights, that the new seigneur, without any consciousness or intention to injustice, in many instances exercised his rights in a manner which would appear perfectly fair in this country, but which the Canadian settler reasonably regarded as oppressive. The English purchaser found an equally unexpected and just cause of complaint in that uncertainty of the laws, which rendered his possession of property precarious, and in those incidents of the tenure which rendered its alienation or improvement difficult. But an irritation, greater than that occasioned by the transfer of the large properties, was caused by the competition of the English with the French farmer. The English farmer carried with him the experience and habits of the most improved agriculture in the world. He settled himself in the townships bordering on the seignories, and brought a fresh soil and improved cultivation to compete with the worn-out and slovenly farm of the habitant. He often took the very farm which the Canadian settler had abandoned, and, by superior management, made that a source of profit which had only impoverished his predecessor. The ascendancy which an unjust favouritism had contributed to give to the English race in the government and the legal profession, their own superior energy, skill and capital secured to them in every branch of industry. They have developed the resources of the country; they have constructed or improved its means of communication; they have created its internal and foreign commerce. The entire wholesale, and a large portion of the retail trade of the province, with the most profitable and flourishing farms, are now in the hands of this numerical minority of the population.

Note 2. “Nor does there appear to be the slightest chance of putting an end to this animosity during the present generation. Passions inflamed during so long a period, cannot speedily be calmed. The state of education which I have previously described as placing the peasantry entirely at the mercy of agitators, the total absence of any class of persons, or any organisation of authority that could counteract this mischievous influence, and the serious decline in the district of Montreal of the influence of the clergy, concur in rendering it absolutely impossible for the Government to produce any better state of feeling among the French population. It is even impossible to impress on a people so circumstanced the salutary dread of the power of Great Britain, which the presence of a large military force in the province might be expected to produce. I have been informed, by witnesses so numerous and trustworthy that I cannot doubt the correctness of their statements, that the peasantry were generally ignorant of the large amount of force which was sent into their country last year. The newspapers that circulate among them had informed them that Great Britain had no troops to send out; that in order to produce an impression on the minds of the country-people, the same regiments were marched backwards and forwards in different directions, and represented as additional arrivals from home. This explanation was promulgated among the people by the agitators of each village; and I have no doubt that the mass of the inhabitants really believed that the government was endeavouring to impose on them by this species of fraud. It is a population with whom authority has no means of contact or explanation. It is difficult even to ascertain what amount of influence the ancient leaders of the French party continue to possess. (The name of M. Papineau is still cherished by the people; and the idea is current that, at the appointed time, he will return, at the head of an immense army, and re-establish “La Nation Canadienne.”) But there is great reason to doubt whether his name be not used as a mere watchword; whether the people are not in fact running entirely counter to his councils and policy; and whether they are not really under the guidance of separate petty agitators, who have no plan but that of a senseless and reckless determination to show in every way their hostility to the British Government and English race. Their ultimate designs and hopes are equally unintelligible. Some vague expectation of absolute independence still seems to delude them. The national vanity, which is a remarkable ingredient in their character, induces many to flatter themselves with the idea of a Canadian Republic; the sounder information of others has led them to perceive that a separation from Great Britain must be followed by a junction with the great confederation on their southern frontier. But they seem apparently reckless of the consequences, provided they can wreak their vengeance on the English. There is no people against which early associations and every conceivable difference of manners and opinions have implanted in the Canadian mind a more ancient and rooted national antipathy than that which they feel against the people of the United States. Their more discerning leaders feel that their chances of preserving their nationality would be greatly diminished by an incorporation with the United States; and recent symptoms of Anti-Catholic feeling in New England, well known to the Canadian population, have generated a very general belief that their religion, which even they do not accuse the British party of assailing, would find little favour or respect from their neighbours. Yet none even of these considerations weigh against their present all-absorbing hatred of the English; and I am persuaded that they would purchase vengeance and a momentary triumph by the aid of any enemies, or submission to any yoke. This provisional but complete cessation of their ancient antipathy to the Americans, is now admitted even by those who most strongly denied it during the last spring, and who then asserted that an American war would as completely unite the whole population against the common enemy, as it did in 1813. My subsequent experience leaves no doubt in my mind that the views which were contained in my despatch on the 9th of August are perfectly correct; and that an invading American army might rely on the co-operation of almost the entire French population of Lower Canada.”

Note 3. Colonel Prince is the gentleman who took with his own hands General Sutherland and his aide-de-camp, and who ordered the Yankee pirates to be shot. Mr Hume has thought proper to make a motion in the House of Commons, reprobating this act as one of murder. I believe there is little difference whether a man breaks into your house, and steals your money; or burns your house, and robs you of your cattle and other property. One is as much a case of burglary as the other. In the first instance you are justified in taking the robber’s life, and why not in the second? Those people who attacked the inhabitants of a country with whom they were in profound peace, were disowned by their own government, consequently they were outlaws and pirates, and it is a pity that Sutherland and every other prisoner taken had not been immediately shot. Mr Hume may flare up in the House of Commons, but I should like to know what Mr Hume’s opinion would be if he was the party who had all his property stolen and his house burnt over his head, in the depth of a Canadian winter. I suspect he would say a very different say, as he has no small respect for the meum; indeed, I should be sorry to be the party to be sentenced by Mr Hume, if I had stolen a few ducks out of the honourable gentleman’s duck decoys near Yarmouth.

Volume Three—Chapter Five.

The Canadas, continued.

In the last chapter I pointed out that in our future legislation for these provinces, we had to decide between the English and French inhabitants; up to the present the French have been in power, and have been invariably favoured by the Government, much to the injury of the English population. Before I offer any opinion on this question, let us inquire what has been the conduct of the French in their exercise of their rights as a Legislative Assembly, and what security they offer us, to incline us again to put confidence in them. In examining into this question, I prefer, as a basis, the Report of Lord Durham, made to the English Parliament. His lordship, adverting to the state of hostility between the representative and executive powers in our colonies, prefaces with a remark relative to our own country, which I think late events do not fully bear out; he says:—

“However partial the monarch might be to particular ministers, or however he might have personally committed himself to their policy, he has been invariably constrained to abandon both, as soon as the opinion of the people has been irrevocably pronounced against them, through the medium of the House of Commons.”

This he repeats in an after part of the Report:—

“When a ministry ceases to command a majority in Parliament on great questions of policy, its doom is immediately sealed; and it would appear to us as strange to attempt, for any time, to carry on a Government by means of ministers perpetually in a minority, as it would be to pass laws with a majority of votes against them.”

If such be an essential part of our constitution, as his lordship asserts, surely we have suffered an inroad into it lately.

That the system of Colonial Government is defective, I grant, but it is not so much from the check which the Legislative Council puts upon the Representative Assembly, as from the secrecy of the acts and decisions of that council. This, indeed, his lordship admits in some cases, and I think that I can fully establish that, without this salutary check, the Legislative Assembly of Lower Canada would have soon voted themselves Free and Independent States. Lord Durham observes:—

“I am far from concurring in the censure which the Assembly and its advocates have attempted to cast on the acts of the Legislative Council. I have no hesitation in saying that many of the bills which it is most severely blamed for rejecting, were bills which it could not have passed without a dereliction of its duty to the constitution, the connexion with Great Britain, and the whole English population of the colony. If there is any censure to be passed on its general conduct, it is for having confined itself to the merely negative and defensive duties of a legislative body; for having too frequently contented itself with merely defeating objectionable methods of obtaining desirable ends, without completing its duty by proposing measures, which would have achieved the good in view without the mixture of evil. The national animosities which pervaded the legislation of the Assembly, and its thorough want of legislative skill or respect for constitutional principles, rendered almost all its bills obnoxious to the objections made by the Legislative Council; and the serious evil which their enactment would have occasioned, convinces me that the colony has reason to congratulate itself on the existence of an institution which possessed and used the power of stopping a course of legislation that, if successful, would have sacrificed every British interest, and overthrown every guarantee of order and national liberty.”

Again:—

“One glaring attempt which was made directly and openly to subvert the constitution of the country, was, by passing a bill for the formal repeal of those parts of the 31 Geo. 3, c. 31, commonly called the Constitutional Act, by which the constitution and powers of the Legislative Council were established. It can hardly be supposed that the framers of this bill were unaware, or hoped to make any concealment of the obvious illegality of a measure, which, commencing as all Canadian Acts do, by a recital of the 31 Geo. 3, as the foundation of the legislative authority of the Assembly, proceeded immediately to infringe some of the most important provisions of that very statute; nor can it be supposed that the Assembly hoped really to carry into effect, this extraordinary assumption of power, inasmuch as the bill could derive no legal effect from passing the Lower House, unless it should subsequently receive the assent of the very body which it purported to annihilate.”

Take again the following observations of his lordship:—

“But the evils resulting from such open attempts to dispense with the constitution were small, in comparison with the disturbance of the regular course of legislation by systematic abuse of constitutional forms, for the purpose of depriving the other branches of the legislature of all real legislative authority.

“It remained, however, for the Assembly of Lower Canada to reduce the practice to a regular system, in order that it might have the most important institutions of the province periodically at its mercy, and use the necessities of the government and the community for the purpose of extorting the concession of whatever demands it might choose to make. Objectionable in itself, on account of the uncertainty and continual changes which it tended to introduce into legislation, this system of temporary laws derived its worst character from the facilities which it afforded to the practice of ‘tacking’ together various legislative measures.

“A singular instance of this occurred in 1836, with respect to the renewal of the jury law, to which the Assembly attached great importance, and to which the Legislative Council felt a strong repugnance, on account of its having in effect placed the juries entirely in the hands of the French portion of the population. In order to secure the renewal of this law, the Assembly coupled it in the same bill by which it renewed the tolls of the Lachine Canal, calculating on the Council not venturing to defeat a measure of so much importance to the revenue as the latter by resisting the former. The council, however, rejected the bill; and thus the canal remained toll-free for a whole season, because the two Houses differed about a jury law.”

So much for their attempts to subvert the constitution. Now let us inquire how far these patriots were disinterested in their enactments. First, as to grants for local improvements, how were they applied? His lordship observes:—

The great business of the Assemblies is, literally, parish business; the making parish roads and parish bridges. There are in none of these provinces any local bodies possessing authority to impose local assessments, for the management of local affairs. To do these things is the business of the Assembly; and to induce the Assembly to attend to the particular interests of each county, is the especial business of its county member. The surplus revenue of the province is swelled to as large an amount as possible, by cutting down the payment of public services to as low a scale as possible; and the real duties of government are, sometimes, insufficiently provided for, in order that more may be left to be divided among the constituent bodies. ‘When we want a bridge, we take a judge to build it,’ was the quaint and forcible way in which a member of a provincial legislature described the tendency to retrench, in the most necessary departments of the public service, in order to satisfy the demands for local works. This fund is voted by the Assembly on the motion of its members; the necessity of obtaining the previous consent of the Crown to money votes never having been adopted by the Colonial Legislatures from the practice of the British House of Commons. There is a perfect scramble among the whole body to get as much as possible of this fund for their respective constituents; cabals are formed, by which the different members mutually play into each other’s hands; general politics are made to bear on private business, and private business on general politics; and at the close of the Parliament, the member who has succeeded in securing the largest portion of the prize for his constituents, renders an easy account of his stewardship, with confident assurance of his re-election.

“Not only did the leaders of the Lower Canadian Assembly avail themselves of the patronage thus afforded, by the large surplus revenue of the province, but they turned this system to much greater account, by using it to obtain influence over the constituencies.

“The majority of the Assembly of Lower Canada is accused by its opponents of having, in the most systematic and persevering manner, employed this means of corrupting the electoral bodies. The adherents of M. Papineau are said to have been lavish in their promises of the benefits which they could obtain from the Assembly for the county, whose suffrages they solicited. By such representations, the return of members of opposition politics is asserted, in many instances, to have been secured; and obstinate counties are alleged to have been sometimes starved into submission, by an entire withdrawal of grants, until they returned members favourable to the majority. Some of the English members who voted with M. Papineau, excused themselves to their countrymen by alleging that they were compelled to do so, in order to get a road or a bridge, which their constituents desired. Whether it be true or false, that the abuse was ever carried to such a pitch, it is obviously one, which might have been easily and safely perpetrated by a person possessing M. Papineau’s influence in the Assembly.”

Next for the grants for public education.

“But the most bold and extensive attempt for erecting a system of patronage, wholly independent of the Government, was that which was, for some time, carried into effect by the grants for education made by the Assembly, and regulated by the Act, which the Legislative Council has been most bitterly reproached with refusing to renew. It has been stated, as a proof of the deliberate intention of the Legislative Council to crush every attempt to civilise and elevate the great mass of the people, that it thus stopped at once the working of about 1,000 schools, and deprived of education no less than 40,000 scholars, who were actually profiting by the means of instruction thus placed within their reach. But the reasons which induced, or rather compelled, the Legislative Council to stop this system, are clearly stated in the Report of that body, which contains the most unanswerable justification of the course which it pursued. By that it appears, that the whole superintendence and patronage of these schools had, by the expired law, been vested in the hands of the county members; and they had been allowed to manage the funds, without even the semblance of sufficient accountability. The Members of the Assembly had thus a patronage, in this single department, of about 25,000 pounds per annum, an amount equal to half of the whole ordinary civil expenditure of the Province. They were not slow in profiting by the occasion thus placed in their hands; and as there existed in the Province no sufficient supply of competent schoolmasters and mistresses, they nevertheless immediately filled up the appointments with persons who were utterly and obviously incompetent. A great proportion of the teachers could neither read nor write. The gentleman whom I directed to inquire into the state of education in the Province, showed me a petition from certain schoolmasters, which had come into his hands; and the majority of the signatures were those of marks-men. These ignorant teachers could convey no useful instruction to their pupils; the utmost amount which they taught them was to say the Catechism by rote. Even within seven miles of Montreal, there was a schoolmistress thus unqualified. These appointments were, as might have been expected, jobbed by the members among the political partisans; nor were the funds very honestly managed. In many cases the members were suspected, or accused, of misapplying them to their own use; and in the case of Beauharnois, where the seigneur, Mr Ellice, has, in the same spirit of judicious liberality by which his whole management of that extensive property has been marked, contributed most largely towards the education of his tenants, the school funds were proved to have been misappropriated by the county member. The whole system was a gross political abuse; and, however laudable we must hold the exertions of those who really laboured to relieve their country from the reproach of being the least furnished with the means of education of any on the North American continent, the more severely must we condemn those who sacrificed this noble end, and perverted ample means to serve the purposes of party.”

We will now claim the support of his lordship upon another question, which is, how far is it likely that the law will be duly administered if the power is to remain in the hands of the French Canadian population? Speaking of the Commissioners of Small Causes, his lordship observes:—

“I shall only add, that some time previous to my leaving the Province, I was very warmly and forcibly urged, by the highest legal authorities in the country, to abolish all these tribunals at once, on the ground that a great many of them, being composed entirely of disaffected French Canadians, were busily occupied in harassing loyal subjects, by entertaining actions against them on account of the part they had taken in the late insurrection. There is no appeal from their decision; and it was stated that they had in the most barefaced manner given damages against loyal persons for acts done in the discharge of their duty, and judgments by default against persons who were absent, as volunteers in the service of the Queen, and enforced their judgment by levying distresses on their property.”

Relative to the greatest prerogative of an Englishman, the trial by jury, his lordship observes:—

“But the most serious mischief in the administration of criminal justice, arises from the entire perversion of the institution of juries, by the political and national prejudices of the people. The trial by jury was introduced with the rest of the English criminal law. For a long time the composition of both grand and petit juries was settled by the governor, and they were at first taken from the cities, which were the chefs lieux of the district. Complaints were made that this gave an undue preponderance to the British in those cities; though, from the proportions of the population, it is not very obvious how they could thereby obtain more than an equal share. In consequence, however, of these complaints, an order was issued under the government of Sir James Kempt, directing the sheriffs to take the juries not only from the cities, but from the adjacent country, for fifteen leagues in every direction. An Act was subsequently passed, commonly called ‘Mr Viger’s Jury Act,’ extending these limits to those of the district. The principle of taking the jury from the whole district to which the jurisdiction of the court extended, is, undoubtedly, in conformity with the principles of English law; and Mr Viger’s Act, adopting the other regulations of the English jury law, provided a fair selection of juries. But if we consider the hostility and proportions of the two races, the practical effect of this law was to give the French an entire preponderance in the juries. This Act was one of the temporary Acts of the Assembly, and, having expired in 1836, the Legislative Council refused to renew it. Since that period, there has been no jury law whatever. The composition of the juries has been altogether in the hands of the Government: private instructions, however, have been given to the sheriff to act in conformity with Sir James Kempt’s ordinance; but though he has always done so, the public have had no security for any fairness in the selection of the juries. There was no visible check on the sheriff; the public knew that he could pack a jury whenever he pleased, and supposed, as a matter of course, that an officer, holding a lucrative appointment at the pleasure of Government, would be ready to carry into effect those unfair designs which they were always ready to attribute to the Government. When I arrived in the Province, the public were expecting the trials of the persons accused of participation in the late insurrection. I was, on the one hand, informed by the law officers of the Crown, and the highest judicial authorities, that not the slightest chance existed, under any fair system of getting a jury, that would convict any of these men, however clear the evidence of their guilt might be; and, on the other side, I was given to understand, that the prisoners and their friends supposed that, as a matter of course, they would be tried by packed juries, and that even the most clearly innocent of them would be convicted.

“It is, indeed, a lamentable fact which must not be concealed, that there does not exist in the minds of the people of this Province the slightest confidence in the administration of criminal justice; nor were the complaints, or the apparent grounds for them, confined to one party.

“The trial by jury is, therefore, at the present moment, not only productive in Lower Canada of no confidence in the honest administration of the laws, but also provides impunity for every political offence.”

I have made these long quotations from Lord Durham’s Report as his lordship’s authority, he having been sent out as Lord High Commissioner to the Province, to make the necessary inquiries, must carry more weight with the public than any observations of mine. All I can do is to assert that his lordship is very accurate; and, having made this assertion, I ask, what chance, therefore, is there of good government, if the power, or any portion of the power, be left in the hands of those who have in every way proved themselves so adverse to good government, and who have wound up such conduct by open rebellion.

The position of the Executive in Canada has, for a long while, been just what our position in this country would be if the House of Commons were composed of Chartist leaders. Every act brought forward by them would tend to revolution, and be an infringement of the Constitution, and all that the House of Lords would have to do, would be firmly to reject every bill carried to the Upper House. If our House of Commons were filled with rebels and traitors, the Government must stand still, and such has been for these ten years the situation of the Canadian government; and, fortunate it is, that the outbreak has now put us in a position that will enable us to retrieve our error, and re-model the constitution of these Provinces. The questions which must therefore be settled previous to any fresh attempts at legislation for these Canadians, are,—are, or are not, the French population to have any share in it? Can they be trusted? Are they in any way deserving of it? In few words, are the Canadas to be hereafter considered as a French or an English colony?

When we legislate, unless we intend to change, we must look to futurity. The question, then, is not, who are the majority of to-day, but who will hereafter be the majority in the Canadian Provinces; for all agree upon one point, which is, that we must legislate for the majority. At present, the population is nearly equal, but every year increases the preponderance of the English; and it is to be trusted that, by good management, and the encouragement of emigration, in half a century the French population will be so swallowed up by the English, as to be remembered but on record. If, again, we put the claims of British loyalty against the treason of the French—the English energy, activity, and capital, in opposition to the supineness, ignorance, and incapacity of the French population,—it is evident, that not only in justice and gratitude, but with a due regard to our own interests, the French Canadians must now be wholly deprived of any share of that power which they have abused, and that confidence of which they have proved themselves so unworthy. I am much pleased to find that Lord Durham has expressed the same opinion, in the following remarks; and I trust their importance will excuse to the reader the length of the quotation.

“The English have already in their hands the majority of the larger masses of property in the country; they have the decided superiority of intelligence on their side; they have the certainty that colonisation must swell their numbers to a majority; and they belong to the race which wields the Imperial Government, and predominates on the American continent. If we now leave them in a minority, they will never abandon the assurance of being a majority hereafter, and never cease to continue the present contest with all the fierceness with which it now rages. In such a contest, they will rely on the sympathy of their countrymen at home; and if that is denied them, they feel very confident of being able to awaken the sympathy of their neighbours of kindred origin. They feel that if the British Government intends to maintain its hold of the Canadas, it can rely on the English population alone; that if it abandons its colonial possessions, they must become a portion of that great Union which will speedily send forth its swarms of settlers, and, by force of numbers and activity, quickly master every other race. The French Canadians, on the other hand, are but the remains of an ancient colonisation, and are and ever must be isolated in the midst of an Anglo-Saxon world. Whatever may happen, whatever government shall be established over them, British or American, they can see no hope for their nationality. They can only sever themselves from the British empire by waiting till some general cause of dissatisfaction alienates them, together with the surrounding colonies, and leaves them part of an English confederacy; or, if they are able, by effecting a separation singly, and so either merging in the American Union, or keeping up for a few years a wretched semblance of feeble independence, which would expose them more than ever to the intrusion of the surrounding population. I am far from wishing to encourage, indiscriminately, these pretensions to superiority on the part of any particular race; but while the greater part of every portion of the American continent is still uncleared and unoccupied, and while the English exhibit such constant and marked activity in colonisation, so long will it be idle to imagine that there is any portion of that continent into which that race will not penetrate, or in which, when it has penetrated, it will not predominate. It is but a question of time and mode; it is but to determine whether the small number of French who now inhabit Lower Canada shall be made English, under a government which can protect them, or whether the process shall be delayed until a much larger number shall have to undergo, at the rude hands of its uncontrolled rivals, the extinction of a nationality strengthened and embittered by continuance.

“And is this French Canadian nationality one which, for the good merely of that people, we ought to strive to perpetuate, even if it were possible? I know of no national distinctions marking and continuing a more hopeless inferiority. The language, the laws, the character of the North American Continent are English; and every race but the English (I apply this to all who speak the English language) appears there in a condition of inferiority. It is to elevate them from that inferiority that I desire to give to the Canadians our English character. I desire it for the sake of the educated classes, whom the distinction of language and manners keeps apart from the great empire to which they belong. At the best, the fate of the educated and aspiring colonist is, at present, one of little hope, and little activity; but the French Canadian is cast still further into the shade, by a language and habits foreign to those of the Imperial Government. A spirit of exclusion has closed the higher professions on the educated classes of the French Canadians, more, perhaps, than was absolutely necessary; but it is impossible for the utmost liberality on the part of the British Government to give an equal position in the general competition of its vast population to those who speak a foreign language. I desire the amalgamation still more for the sake of the humbler classes. Their present state of rude and equal plenty is fast deteriorating under the pressure of population in the narrow limits to which they are confined. If they attempt to better their condition, by extending themselves over the neighbouring country, they will necessarily get more and more mingled with an English population; if they prefer remaining stationary, the greater part of them must be labourers in the employ of English capitalists. In either case it would appear, that the great mass of the French Canadians are doomed, in some measure, to occupy an inferior position, and to be dependent on the English for employment. The evils of poverty and dependence would merely be aggravated in a ten-fold degree, by a spirit of jealous and resentful nationality, which should separate the working class of the community from the possessors of wealth and employers of labour.

“I will not here enter into the question of the effect of the mode of life and division of property among the French Canadians, on the happiness of the people. I will admit, for the moment, that it is as productive of well-being as its admirers assert. But, be it good or bad, the period in which it is practicable, is past; for there is not enough unoccupied land left in that portion of the country in which English are not already settled, to admit of the present French population possessing farms sufficient to supply them with their present means of comfort, under their present system of husbandry. No population has increased by mere births so rapidly as that of the French Canadians has since the conquest. At that period their number was estimated at 60,000: it is now supposed to amount to more than seven times as many. There has been no proportional increase of cultivation, or of produce from the land already under cultivation; and the increased population has been in a great measure provided for by mere continued subdivision of estates. In a Report from a Committee of the Assembly in 1826, of which Mr Andrew Steuart was chairman, it is stated, that since 1784 the population of the seignories had quadrupled, while the number of cattle had only doubled, and the quantity of land in cultivation had only increased one-third. Complaints of distress are constant, and the deterioration of the condition of a great part of the population admitted on all hands. A people so circumstanced must alter their mode of life. If they wish to maintain the same kind of rude, but well-provided agricultural existence, it must be by removing into those parts of the country in which the English are settled; or if they cling to their present residence, they can only obtain a livelihood by deserting their present employment, and working for wages on farms, or on commercial occupations under English capitalists. But their present proprietary and inactive condition is one which no political arrangements can perpetuate. Were the French Canadians to be guarded from the influx of any other population, their condition in a few years would be similar to that of the poorest of the Irish peasantry.

“There can hardly be conceived a nationality more destitute of all that can invigorate and elevate a people, than that which is exhibited by the descendants of the French in Lower Canada, owing to their retaining their peculiar language and manners. They are a people with no history, and no literature. The literature of England is written in a language which is not theirs; and the only literature which their language renders familiar to them, is that of a nation from which they have been separated by eighty years of a foreign rule, and still more by those changes which the Revolution and its consequences have wrought in the whole political, moral, and social state of France. Yet it is on a people whom recent history, manners, and modes of thought, so entirely separate from them, that the French Canadians are wholly dependent for almost all the instruction and amusement derived from books: it is on this essentially foreign literature, which is conversant about events, opinions and habits of life, perfectly strange and unintelligible to them, that they are compelled to be dependent. Their newspapers are mostly written by natives of France, who have either come to try their fortunes in the province, or been brought into it by the party leaders, in order to supply the dearth of literary talent available for the political press. In the same way their nationality operates to deprive them of the enjoyments and civilising influence of the arts. Though descended from the people in the world that most generally love, and have most successfully cultivated the drama—though living on a continent, in which almost every town, great or small, has an English theatre, the French population of Lower Canada, cut off from every people that speak its own language, can support no national stage.

“In these circumstances, I should be indeed surprised if the more reflecting part of the French Canadians entertained at present any hope of continuing to preserve their nationality. Much as they struggle against it, it is obvious that the process of assimilation to English habits is already commencing. The English language is gaining ground, as the language of the rich and of the employers of labour naturally will. It appeared by some of the few returns, which had been received by the Commissioner of Inquiry into the state of education, that there are about ten times the number of French children in Quebec learning English, as compared with the English children who learn French. A considerable time must, of course, elapse before the change of a language can spread over a whole people; and justice and policy alike require, that while the people continue to use the French language, their government should take no such means to force the English language upon them as would, in fact, deprive the great mass of the community of the protection of the laws. But, I repeat, that the alteration of the character of the province ought to be immediately entered on, and firmly, though cautiously, followed up; that in any plan, which may be adopted for the future management of Lower Canada, the first object ought to be that of making it an English province; and that, with this end in view, the ascendancy should never again be placed in any hands but those of an English population. Indeed, at the present moment, this is obviously necessary: in the state of mind in which I have described the French Canadian population, as not only now being, but as likely for a long while to remain, the trusting them with an entire control over this province would be, in fact, only facilitating a rebellion. Lower Canada must be governed now, as it must be hereafter, by an English population; and thus the policy, which the necessities of the moment force on us, is in accordance with that suggested by a comprehensive view of the future and permanent improvement of the province.”

Volume Three—Chapter Six.

The Canadas, continued.

I have quoted largely from Lord Durham’s Report, as in most points relative to Lower Canada, especially as to the causes which produced the rebellion, the unwarrantable conduct of the Legislative Assembly, and his opinions as to the character of the French Canadians, I consider that the remarks are correct: they are corroborated by my own opinions and observations: but I think that the information he has received relative to Upper Canada is not only very imperfect, but certainly derived from parties who were not to be trusted: take one simple instance. His lordship says in his Report, that the petitioners in favour of Mathews and Lount, who were executed, amounted to 30,000, whereas it is established, that the whole number of six natures only amounted to 4,574. Those who deceive his lordship in one point would deceive him in another; indeed his lordship had a task of peculiar difficulty, going out as he did, vested with such powers, and the intents of his mission being so well known. It is not those who are in high office that are likely to ascertain the truth, which is much more likely to be communicated to a humble individual like myself, who travels through a country and hears what is said on both sides. The causes stated by his lordship for discontent in Upper Canada are not correct. I have before said, and I repeat it, that they may almost be reduced to the following: the check put upon their enterprise and industry by the acts of the Lower Canadian Assembly; and the favour shewn to the French by the Colonial Office, aided by the machinations of the American party, who fomented any appearance of discontent.

There is in his lordship’s Report, an apparent leaning towards the United States, and its institutions, at which I confess that I am surprised. Why his lordship, after shewing that the representative government did all they possibly could to overthrow the constitution, should propose an increase of power to that representative government, unless, indeed, he would establish a democracy in the provinces, I am at a loss to imagine.

That a representative body similar to that which attempted to overturn the constitution in Lower Canada can work well, and even usefully reform when in the hands of loyal English subjects, is acknowledged by his lordship, who says, “the course of the Parliamentary contest in Upper Canada has not been marked by that singular neglect of the great duties of a legislative body, which I have remarked in the proceedings of the Parliament of Lower Canada. The statute book of the Upper Province abounds with useful and well-constructed measures of reform, and presents an honourable contrast to that of the Lower Province.”

Indeed, unless I have misunderstood his lordship he appears to be inconsistent, for in one portion he claims the extension of the power of the representative, and in another he complains of the want of vigorous administration of the royal prerogative, for he says:—

“The defective system of administration in Lower Canada, commences at the very source of power; and the efficiency of the public service is impaired throughout by the entire want in the colony of any vigorous administration of the prerogative of the crown.”

To increase the power of the representative is to increase the power of the people, in fact to make them the source of power; and yet his lordship in this sentence acknowledges that the crown is the source of power, and that a more vigorous administration of its prerogative is required.

There are other points commented upon in his lordship’s Report, which claim earnest consideration: one is, that of the propriety of municipal institutions. Local improvements, when left in the hands of representative assemblies, are seldom judicious or impartial, and should therefore be made over either to the inhabitants or executive. The system of townships has certainly been one great cause of the prosperity of the United States, each township taxing itself for its own improvement. Although the great roads extending through the whole of the Union are in the hands of the Federal Government, and the States Government take up the improvement on an extensive scale in the States themselves, the townships, knowing exactly what they require, tax themselves for their minor advantages. The system in England is much the same, although perhaps not so well regulated as in America. Are not, however, municipal institutions valuable in another point of view? Do they not prepare the people for legislating? are they not the rudiments of legislation by which a free people learn to tax themselves? And indeed, it may also be asked, would not the petty influence and authority confided to those who are ambitious by their townsmen satisfy their ambition, and prevent them from becoming demagogues and disturbing the country?

Whatever may be the future arrangements for ruling these provinces, it appears to me that there are two great evils in the present system; one is, that the governors of the provinces have not sufficient discretionary power, and the other, that they are so often removed. The evils arising from the first cause have been pointed out in Lord Durham’s Report:—

“The complete and unavoidable ignorance in which the British public, and even the great body of its legislators, are with respect to the real interests of distant communities, so entirely different from their own, produces a general indifference, which nothing but so me great colonial crisis ever dispels; and responsibility to Parliament, or to the public opinion of Great Britain, would, except on these great and rare occasions, be positively mischievous, if it were not impossible. The repeated changes caused by political events at home having no connexion with colonial affairs, have left, to most of the various representatives of the Colonial Department in Parliament, too little time to acquire even an elementary knowledge of the condition of those numerous and heterogeneous communities for which they have had both to administer and legislate. The persons with whom the real management of these affairs has or ought to have rested, have been the permanent but utterly irresponsible members of the office. Thus the real government of the colony has been entirely dissevered from the slight nominal responsibility which exists. Apart even from this great and primary evil of the system, the presence of multifarious business thus thrown on the Colonial Office, and the repeated changes of its ostensible directors, have produced disorders in the management of public business which have occasioned serious mischief, and very great irritation. This is not my own opinion merely; for I do but repeat that of a select committee of the House of Assembly in Upper Canada, who, in a Report dated February 8, 1838, say, ‘It appears to your committee, that one of the chief causes of dissatisfaction with the administration of colonial affairs arises from the frequent changes in the office of secretary of state, to whom the Colonial department is intrusted. Since the time the late Lord Bathurst retired from that charge, in 1827, your committee believe there has not been less than eight colonial ministers, and that the policy of each successive statesman has been more or less marked by a difference from that of his predecessor. This frequency of change in itself almost necessarily entails two evils; first, an imperfect knowledge of the affairs of the colonies on the part of the chief secretary, and the consequent necessity of submitting important details to the subordinate officers of the department; and, second, the want of stability and firmness in the general policy of the Government, and which, of course, creates much uneasiness on the part of the Governors, and other officers of the colonies, as to what measures may be approved.

“‘But undoubtedly (continues the Report) by far the greatest objection to the system is the impossibility it occasions of any colonial minister, unaided by persons possessing local knowledge, becoming acquainted with the wants, wishes, feelings, and prejudices of the inhabitants of the colonies, during his temporary continuance in office, and of deciding satisfactorily upon the conflicting statements and claims that are brought before him. A firm, unflinching resolution to adhere to the principles of the constitution, and to maintain the just and necessary powers of the crown, would do much towards supplying the want of local information. But it would be performing more than can be reasonably expected from human sagacity, if any man, or set of men, should always decide in an unexceptionable manner on subjects that have their origin thousands of miles from the seat of the Imperial Government, where they reside, and of which they have no personal knowledge whatever; and therefore wrong may be often done to individuals, or a false view taken of some important political question, that in the end may throw a whole community into difficulty and dissension, not from the absence of the most anxious desire to do right, but from an imperfect knowledge of facts upon which to form an opinion.’”