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and I have only attempted to provide a working one to which reference on specific subjects can easily be made.

Finally I should like to hope that this study in Canadian history will be received as at least objective in spirit. I am quite conscious that I may have made interpretations which are incomplete or even invalid, and that I may have over looked material which would alter or modify my conclusions. On the other hand, I have tried to follow the development with as great detachment as possible, and all that I can venture to hope is that I have made a contribution to Canadian history not quite unworthy of its romantic development, its social values, its political import, and of the genuine pleasure which it has given me since my residence in Canada.

It would be impossible for me to acknowledge in detail the generous help which I have received from many friends both in England and in Canada, and I can only ask them to accept this general acknowledgement of their kindness and interest. I owe, however, debts which require more definite payment. To Professor R. M. MacIver, University of Toronto, I am under the greatest obligations, and in the dedication I attempt not merely to acknowledge these, but to record a friendship which lies deeper than a common interest in history would suggest. To Dr. A. G. Doughty and Dr. Adam Shortt I owe a sincere debt. I take this opportunity to place on record my appreciation of the services which they have rendered to historical research through the Dominion Archives and the Historical Manuscript Commission of Canada. I should also like to add that Dr. Doughty has gone far beyond his official duties to help me, and that he has freely placed at my disposal on every occasion not only his own services but those of his assistants. Colonel Fraser, Archivist of Ontario, has given me the greatest assistance, and has directed me to material which has helped to fill in the picture. Professor G. M. Wrong, University of Toronto, has taken an active interest in the book as it was written, and if I have escaped gaucheries into which a writer who is not a Canadian might easily fall, I owe it to him. Mr. W. S. Wallace has given me, especially in the earlier chapters, the benefit of his knowledge of Canadian history. Mr. C. R. Fay, Christ's College, Cambridge, has kindly read my manuscript and has given me many important suggestions. My wife has seen the book through the press and has compiled the index. My last acknowledgement is to the late Professor A. H. F. Lefroy, University of Toronto. For three years before his death he and I worked through carefully the cases in constitutional law while preparing his Short Treatise on Canadian Constitutional Law for publication. We discussed their bearing and importance, and in determining the form of his work we mutually agreed on many phrases and generalizations. Almost naturally I have fallen back on these, and I acknowledge my obligations elsewhere. I cannot, however, let this book go to the press without a recognition of Professor Lefroy's insight into Canadian federalism, and of a friendship which was so courteously willing to guide me in a new and difficult field.

W. P. M. KENNEDY.

UNIVERSITY OF TORONTO,
TORONTO.

March 18, 1922.

CONTENTS

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CHAPTER IV. THE RÉGIME MILITAIRE!, 1759-64

The interest of the period—The organization of the districts of
Quebec, Montreal, and Three Rivers—A critical estimate-Autho-
rities.

CHAPTER V. THE ESTABLISHMENT OF CIVIL GOVERN-

MENT IN QUEBEC

The Proclamation of 1763–Murray's Commission and Instructions-
The administrative scheme of the Proclamation-Criticism of the
Proclamation -Scope of Murray's Instructions—The difficulties of the
situation-Murray's criminal and civil courts-Authorities.

CHAPTER VI. THE CIVIL GOVERNMENT OF QUEBEC,

1764-74.

Early note of repression-Opposition --The growth of conciliation-
The difficulties created by the British in the Province—Murray's
and Carleton's estimates of them-Demands for House of Assembly-
The Imperial Government and the constitutional issues-Reports
and suggestions for constitutional changes --Estimate of the
period-Authorities.

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CHAPTER IX. REPRESENTATIVE GOVERNMENT IN

LOWER CANADA, 1792–1838

The organization of the Province— The first Legislature and racial
cleavage—The question of language in the Assembly-Early develop-
ment of French Canadianism-Milnes's estimate of the situation-
The Gaols Bill—Nationalism takes form—Le CanadienCraig's
régime-The parting of the ways—The policy of conciliation-
“ Gens en Place '-Sherbrooke continues 'policy of conciliation in
alliance with the clergy—The financial issue—Papineau-Dalhousie
and the clash of extremes—Attempt to reunite the Provinces in 1822
-Discussions on the proposal—The Assembly becomes more aggres-
sive in financial affairs—The Imperial Committee's Report of 1828–
The problem of the Civil List—The Revenue Control Act of 1831-
Extremes in demands and in language—The Ninety-two Resolutions
of 1834—Their weaknesses and their strength-Rebels and Consti-
tutional Reformers—The Imperial Committee's Report of 1834
Gosford and a Royal Commission—Their Reports—The constitu-
tional issues and Russell's Ten Resolutions—The effect of the Ten
Resolutions—The appeal to arms—Suspension of the constitution-
Provisional Government set up-Authorities.

CHAPTER X. REPRESENTATIVE GOVERNMENT IN

UPPER CANADA, 1792–1838 .

John Graves Simcoe-His conception and organization of govern-
ment--The social background— The Family Compact ’-Early

PAGE

Reformers, Weekes, Thorpe, Wyatt, Willcocks, Jackson, Firth--The
War of 1812—The political ideas of the Executive and of the Assembly
- The physical background-Robert Gourlay—The political begin-
nings of reform—The alien question—The position of the Church of
England and of the Clergy Reserves— Pin-prick’ repression - The
Report of 1828—Colborne's Instructions--His estimate of the
situation—The Mackenzie affair—The Seventh Report on Grievances
Colborne creates rectories---- The régime of Francis Bond Head-
Head and his council-Head as a party leader-Reports on the
Province-Authorities.

CHAPTER XI. THE FAILURE OF REPRESENTATIVE

GOVERNMENT IN THE CANADAS

The French-Canadian group—The recognition of French nationality
— The problem of race-Race in action-The motives behind French-
Canadian unrest—The failure of '37—The political problem in Cpper
Canada—The struggle against privilege–The motives behind Upper
Canadian radicalism- The Crown in the Canadas-— The clash of legis-
lative authorities—The political impotence of the Assemblies—The
independence of the Executive—The problem of sovereignty-The
gift of the experience to constitutional development.

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CHAPTER XII. LORD DURHAM AND THE AFFAIRS OF

BRITISH NORTH AMERICA

Durham's arrival and proclamation - His preconceived scheme of
government-General estimate of his ReportThe Maritime Pro-
vinces—The political situation there—Durham's necessary conditions
for a general federation-His estimate of the French-Canadian
problem—The conditions on which he recommended the union
of the Canadas-Responsible Government—' Can authority be
divided ? ?-Durham's division of colonial and imperial subjects-
Lord John Russell's colonial theory—The political letters of Joseph
Howe-Authorities.

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