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 Short 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. UNIVERSITY OF TORONTO, TORONTO. March 18, 1922. W. P. M. KENNEDY. CONTENTS The unbroken growth of constitutional development-The govern- ment of New France-Evolution through representative and responsible government to federalism-Religious liberty-Develop- ments since 1867-Growth of Canadian national feeling-The pur- CHAPTER II. THE GOVERNMENT OF NEW FRANCE . The Chartered Company-French chartered companies and consti- tutional life-Company of New France-Company of West Indies— Elements making for failure-A Royal Province-The administrative Development of the system-Seigniorial tenures The incidents CHAPTER IV. THE RÉGIME MILITAIRE', 1759-64 The interest of the period-The organization of the districts of CHAPTER V. THE ESTABLISHMENT OF CIVIL GOVERN- The Proclamation of 1763-Murray's Commission and Instructions— CHAPTER VI. THE CIVIL GOVERNMENT OF QUEBEC, Early note of repression-Opposition-The growth of conciliation— PAGE 25 CHAPTER VII. THE QUEBEC ACT, 1774 . The passing of the Act-The new constitution-Carleton's Instruc- The influence of the American Revolution on Canada, (a) boundaries, (b) government, (c) the loyalists-Government during the Revolu- tion-Carleton (Lord Dorchester) finds new situation after the peace-Newer demands for an Assembly-The plan for a division of the Province takes form-Official correspondence on the plan-The motives behind division-Representative institutions in the Maritime Provinces-The scheme of the Constitutional Act of 1791-The division of the Province Discussion of the principles governing the PAGE The organization of the Province-The first Legislature and racial John Graves Simcoe-His conception and organization of govern- Reformers, Weekes, Thorpe, Wyatt, Willcocks, Jackson, Firth-The CHAPTER XI. THE FAILURE OF REPRESENTATIVE The French-Canadian group-The recognition of French nationality CHAPTER XII. LORD DURHAM AND THE AFFAIRS OF Durham's arrival and proclamation-His preconceived scheme of PAGE CHAPTER XIII. LORD SYDENHAM'S COLONIAL SYSTEM 182 Sydenham's mission and instructions-Russell's analysis of the constitutional issues-His advice to Sydenham-Sydenham and the Special Council of Lower Canada-His dealings with it in the matter of the Union-His estimate of political and social conditions in Lower Canada His practical methods in Upper Canada-The dispatch on the tenure of public offices-He pilots the measures for union through the Upper Canadian Legislature-His tact in avoiding theo- retical discussions-His conception of 'responsibility' The Clergy Reserves His tour in Lower Canada Overtures to La Fontaine- Racial hatred-The necessity for local government-Reforms in Lower Canada-His growing popularity-In the Maritime Provinces -Howe and Sir Colin Campbell The Act of Union-The orientation |