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Constitution. In the time of the French Government an Ordinance, issued in the name of the King, was sufficient to enforce the execution of any Measure that was deemed expedient without any discussion taking place upon the subject, or its entering into the Minds of the unlettered Habitants to doubt for a moment the propriety of the Measure.

But since the establishment of the present Constitution in the year 1792, the Case is very different every thing being previously discussed in the House of Assembly; and unless a certain preponderance can be maintained in that House (which at present is by no means as firmly established as I could wish) the Power of the Executive Government will insensibly become nothing.

Very few of the Seigneurs, as I have already hinted, have sufficient Interest to insure their own election or the election of any one to whom they give their Support in the House of Assembly, and the uneducated Habitant has even a better chance of being nominated (though he cannot perhaps sign his name) than the first Officer under the Crown: There was a moment when I even despaired of getting the Attorney General' into the present Assembly; and though it is undoubtedly better composed than the last, it is far from being so respectable a Body as Government might wish.

The Canadian Habitants are I really believe an industrious, peaceable and well disposed People; but they are, from their want of Education and extreme simplicity liable to be misled by designing and artful Men, and were they once made fully sensible of their own Independence, the worst Consequences might ensue. They are in fact sole Proprietors of nearly all the cultivated Lands in Lower Canada.

The Seigneurs and Ecclesiastical Bodies to whom the Lands were originally granted having conceded the greater part of their Lands for ever, with little or no reserve, to the Cultivator in small Parcels of from One to Two Hundred acres retaining only as I have already observed the Property and Profits of the Mills, a certain Proportion of their Produce which is sometimes paid in kind and in various ways, and the Lods et Ventes; and this Species of Property attached to the Seignorial Rights is by the ancient French Laws of Inheritance, which occasion frequent subdivisions of Property, in a few Generations become quite inconsiderable, whereby the Situation of the Seigneur has in many instances been reduced below that of the Vassel. Each Habitant cultivates as much Land as he can manage with the Assistance of his own family, and as is necessary for its support; and having thus within themselves from year to year all the Necessaries of Life, there cannot be a more independent Race of People, nor do I believe there is in any part of the World a Country in which Equality of Situation is so nearly established. Except in the Towns of Quebec, Montreal and Three Rivers, little or no difference is observable in the affluence of the Canadians but what may in some Measure arise from the local Circumstances of more or less favorable Situation, a richer Soil, or a greater or less degree of exertion.

The Counties are divided into Parishes each Parish chiefly extending about Three Leagues along the Rivers St. Lawrence and Chambly, and to each of which there is a Parochial Church; the principal Person in every Parish is in general the Priest, and the next the Captain of Militia, and it is through the latter that any Business is transacted for Government.

Having endeavoured to give your Grace some insight into the actual State of this Country, which I could more fully enlarge upon if I was not apprehensive of intruding too much upon your time till I have received your permission so to do, I shall proceed to point out the means by which I imagine the Influence of Government might be immediately extended to the distant Parts of the Province, and though I am conscious this cannot be effected without a certain expence to the Mother Country, I consider that expence as inconsiderable when compared to the Sums it would require to quell any disturbance that might for want of timely precaution take place in the Province: the apprehension of such an Event though not 1 Jonathan Sewell.

immediate is strongly impressed on the Minds of some of the best Friends of Government.

I am well aware the chief Object to be depended upon to encrease the Influence of the Crown, will be by means of the Waste Lands; and in that point of view the delay that has taken place in the Land Business is greatly to be regretted and it becomes an Object of peculiar importance to Government that no further delay may occur to prevent the clearing and settling of the immense Tracts that are now in the hands of the Crown undisposed of, as their being granted in free and common Soccage will in time (if judiciously granted) form in this Province a Body of People of the Protesant Religion that will naturally feel themselves more immediately connected with the english Government; but as this cannot be expected to have any immediate Effect, I am inclined to think that in the mean time much may be done first through the catholic Priests, and secondly by means of the Militia.

The present Catholic Bishop' is extremely well disposed to Government; he is allowed by His Majesty Two Hundred Pounds per annum as Superintendent of the Romish Church; in addition to which he receives from Government a Rent of £150 per annum for the use of the Bishop's Palace at Quebec which is occupied by Public Offices; He has lately applied to me for an encrease of this Rent, signifying at the same time that his Income is very inadequate to his Situation and the Calls which are made upon it, which I have reason to believe is a just Statement. This Application offers an occasion of attaching the Canadian Bishop more particularly to Government, if by such an encrease of his appointments as His Majesty shall graciously be pleased to allow his Situation was made easy, at the same time requiring of him a strict attention to that part of His Majesty's Instructions to the Governor which I have before mentioned3.

This I am of opinion would tend very much to increase that Consideration which the Priests themselves ought to feel, and to encourage in their Parishioners for the Executive Government, at the same time that it would ensure the cooperation of the Canadian Bishop: But in order to carry this point particular care must be taken to chuse a proper moment, and if the Bishop should be found decidedly averse to make the Sacrifice required of him, it ought perhaps to be defered till the Peace.

The Priests have a 26th of all the Grain, which may be valued at Twenty Five, or Twenty Six Thousand Pounds a year, which alone must make their Influence very considerable, and especially as the Religious Bodies are in possesison of nearly One Fourth of all the Seignorial Rights granted before the Conquest (excepting those of the Jesuits Estates latterly taken into the possession of the Crown) as will appear by the Inclosure.

With regard to the Militia it will be more difficult to give Your Grace a clear and distinct Idea of the Mode in which I am inclined to think use may be made of this Body to support the Interests of Government throughout the Province, and to disseminate Principles of loyalty amongst the Canadians in opposition to that spirit of democracy which has lately gained so much ground in many Parts of the World, but fortunately has not at present made any material progress in Canada.

The Population of Lower Canada is computed as about One Hundred and Sixty Thousand Souls, Nine Tenths of whom reside in the Parishes before described, distinct from the Towns, and from these are drawn the Canadian Militia which amount to 37,904 between the ages of 16 and 60. In the Parishes here aluded to, there are 292 Captains of Militia who are chosen from among the most respectable of the Canadian Habitants (the Etat Major amounting to 16 being in general chosen from among the Seigneurs) and here it is necessary to inform your Grace how far under the dominion of France the Body of the People were regulated in all public Matters by the Officers of Militia; the Captains of Militia being the Persons

1 Bishop Denaut. The Bishop's palace was used by the Legislative Council for its meetings till 1838. Milnes' suggestion doubt

2 For a similar scheme in 1810, see No. LXXIII, p. 266. less owed its origin to H. W. Ryland (see note on No. LXVIII).

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employed to issue and enforce the public ordinances and the Corvées, a who through the Authority thus delegated to them by Government p sessed considerable Influence in their respective Parishes.

Although under His Majesty's Government these Powers have in great Measure been withdrawn, especially since the establishment of t new Constitution, there still remains in the minds of the Canadians] certain Consequence attached to the Character of Captain of Militia; a as I have before observed to your Grace, it is still customary on all put occasions to employ this useful Class of People to perform many Servi for Government which they have hitherto done without other reward th merely that arising in their own Minds from the Honor and respectabil of the Appointment; but this though sufficient to render it desirable is, they feel, by no means an equal return for the considerable Portion of th time so employed: If then by means of an honorary and pecuniary rewa or by any Plan that may be approved of by the Executive Council, t Class of the Canadians could be brought to consider themselves as immediate Officers of the Crown, and peculiarly attached to the Inter of Government, there is no doubt that such an Influence from the Circu stance of being equally diffused over the whole Province would effectua tend to keep alive among the great Body of the People that Spirit of Z and Loyalty for monarchical Government which I believe to be natural the Canadians, but which for the want of an intermediate Class to whe they can look up, and from their having no immediate Connexion with t Executive Power is in danger of becoming extinct.

That Loyalty is a lively principle in the Breasts of the Canadians have no doubt, if I may judge from the expressions of satisfaction whi are shown by all Ranks whenever the Representative of His Majesty of passes through the Country: this I myself experienced (though at th time personally unknown) in the Tour I lately made through the Provin There are several other Means besides those I have already stated which I am convinced, a proper Bias may be maintained in the Minds the Canadians, so as I should hope would secure the Province against ar internal Commotion or Disaffection, the Details of which I shall reser until I shall receive your Grace's Sanction to trouble you further on th head, particularly as in order to give your Grace a complete Idea of th Subject and the extent of my Plan it will be necessary to solicit you attention while I lay before you a Sketch of the relative Expences of th Civil Department of Lower Canada, and the Military Expenditure of th Canadas, by which it will appear how little Proportion exists in the E pences of those Departments, and what a considerable saving may hereafte accrue to Government if according to the Plan proposed, and by a mor liberal allotment to the Civil Expenditure such an Influence could b attained over the Minds of the Canadians as might in the course of tim not only secure the Province from any interior Commotion or disaffection but likewise insure the cooperation of the Inhabitants in the Defence of th Province against the Attempts of a foreign Enemy without the aid of suc a considerable military Establishment as the Mother Country has hithert maintained in this part of His Majesty's Dominions.

The Deficiency of the Revenue, upon an average of the last Five year of the Civil Expenditure, amounts as will appear in the Paper I have th honor to transmit, to £12,000 per annum, and the yearly Military expense of the two Canadas, according to the best Information I can collect, to about £260,000. This Expence would in the case of any Tumult or Insur rection in the Country, or of a War with the neighbouring States, mos probably be doubled its present amount; and this Consideration alone shews how infinitely important it is to the Mother Country that your Grace should be made acquainted, while there is yet time, with every means by which the Influence of the Crown may be encreased, and the hands of the Executive Power strengthened. But there is another Consideration of perhaps greater importance than any above mentioned; could such an Influence be obtained throughout the Province by means of the Priests and the Captains of Militia as I have ventured to look forward to, that Influence

when fully established might also be employed so as at all times to ensure a Majority in favor of Government in the House of Assembly, and to secure the election in that House of such Men as from their Education and Knowledge of Business are most likely to see the real Interests of the Province in their true light, and not to be deluded by the falacious Arguments of any popular Speaker from giving their entire Support to the Executive Government. The defect of such an Influence over the Elections lessens the respectability of that Assembly in a very great degree, and particularly as from the absolute Want which has so long existed of the Means of Education and the inability of the Canadians to support the Expence that would attend sending their Sons to the Mother Country for that purpose, there are at present scarcely any rising Men, and but few Men of talents among the Canadian Gentry.

From this and other Causes the Business of the House of Assembly is transacted with so little System or regularity that the oldest Members are some times unable to form a judgment of what is likely to be the result of their deliberations on the most common Subjects.

While a due preponderance on the side of Government is so manifestly wanting in the Assembly it is considered by the Well wishers of Government as a fortunate Circumstance that the Revenue is not at present equal to the Expenditure, & your Grace will immediately see the necssity on this account of preserving, in appearance at least, that disposition in a greater or less degree, as there is reason to apprehend that in case the Province could be induced to Tax itself in a degree equal to the Calls of the Executive Government, the Right of regulation and control over the whole would probably be aspired to by the Assembly, which could not fail of producing the most injurious Consequences to the Colonial Government, rendering it from that moment dependent on the Will of a popular Assembly.

The Burthen which is at present thrown upon the Mother Country will be fully compensated for whenever the Sums that shall arise from the Sale of the Waste Lands begin to come in, and particularly if (as appears by the Dispatch of the 13th of July 1797 to Gen. Prescott to have been in contemplation) it should be determined to appropriate the Monies arising from those Sales to the purchase of Stock in the English Funds, and the Interest of this Stock to go in aid of the Civil Expenditures of the Province in such manner as the Lords Commissioners of His Majesty's Treasury may direct.

The Quantity of Land which from first to last will have have been at the disposal of Government is computed at about 150 Townships equal to Ten Million of Acres which have actually been applied for, including as is supposed the principal part of the ungranted Lands in Lower Canada that are deemed convenient for settlement and fit for cultivation.

Of the above about 35 Townships only are in contemplation to be granted on the original Terms proposed in the year 1792 consequently 115 Townships will remain for the future disposition of the Crown exclusive of the Church and Crown Reserves consisting of Two Sevenths set a part in the Townships already granted.

The Wealth, Power and Influence that must accrue to the Mother Country when those Lands become settled is an object of self evident magnitude, and must in time make a full return for whatever will be found necessary in the mean while to support and secure so valuable a Colony.

I flatter myself there can be no doubt that the liberality with which His Majesty has lately been pleased to provide the Means of Education in the Province will go a great way to secure the affection and loyalty of the rising Generation who would otherwise be in danger of imbibing Principles inimical to His Majesty's mild and paternal Government by the necessity which has hitherto existed of their being sent to the neighbouring States for education. The respectable footing upon which the Protestant Church is about to be put in Quebec will likewise tend to encrease that Consideration which ought to prevail for the Established Church.

When I began this Despatch I did not foresee the length into which I have been inevitably drawn, but I trust I shall stand excused in the

opinion of your Grace by the motives that have actuated me in this research, and I may truly say I have no other view than a full and consciencious discharge of all the Duties that belong to the Situation which His Majesty has been pleased to entrust to me. I have the Honor to be My Lord,

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The matters stated in Your Letter to me separate and secret of the 1st November1 are so highly important to the King's Canadian Government that I shall make them the subject of the separate Dispatch.

The prevalence of the popular influence in Lower Canada seems to be attributed by you to three principal causes, viz. first, the separate and unconnected Interests of the Seigneurs and the Habitans, by which the latter are become totally independent of the former, and are not likely to be influenced by them in any respect―secondly-the Independence of the whole body of the Roman Catholick Clergy, who are accountable to no other authority than that of their own Bishop; and thirdly-the necessity there has been of disembodying the Canadian Militia, in consequence of that Country's having been conquered by His Majesty's Arms, and the inexpediency of their being called out under the present circumstances.

As the separate and unconnected situation of the Seigneurs and Habitans arises from the Established Laws and Usages of the Province in regard to the property held in these two descriptions of Persons, it is an evil certainly to be regretted, but I fear it will be very difficult, if not impossible, to remedy; and as the Canadian Gentlemen can derive no influence from the Landed possessions, it must necessarily be left to the particular exertions, ability and ambition of the Individual Seigneurs to emerge from their present State of insignificance-all that can be done in this respect, is to hold out motives for execution, and to give all possible encouragement in those instances where any disposition of the kind is found to exist-but before I proceed further I can not help expressing to you my surprise that the establishment of the Canadian Battalion in Lower Canada, the principal object of which was to draw the Canadian Gentlemen from their Indolent and inactive habits and to attach them to the King's service, should have met with no greater success-had any eagerness been manifested in completing this Battalion, it might have been judged advisable to form a second and third of the same sort in case the spirit and inclination of the King's Canadian Subjects appeared to call for it.

With respect to the Roman Catholick Clergy being totally independent of the Governor, I must first observe that I am not aware of the causes that have led to a disregard of that part of the King's Instructions, which require "That no person whatever is to have Holy Orders conferred upon him or to have the care of Souls, without Licence first had and obtained from the Governor." The resumption and exercise of that power by the Governor and the producing such a Licence requisite for admission to Holy Orders, I hold not only to be of the first importance, but so indispensably necessary, that I must call upon you to endeavour to effect it by every possible means which prudence can suggest you will therefore 1 No. LXV.

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