their militia to an uniform system of discipline, and by placing their means of defence against a foreign enemy more conveniently and effectually at the disposal of the Government that it might in time by the gradual operation of the natural consequences of such an union make the whole colony more completely British in their system of laws, in their education, in their feeling and in the general temper of all their public acts that it would produce an uniform regulation of trade throughout the territory, and insure the interest of every part being made subservient to the welfare of the whole and that it would necessarily put an end to all future difficulties about duties and drawbacks by sharing among all the enjoyment of that in which they have all an interest, are general advantages which though some of them are rather indefinite as to the extent and uncertain as to the period in which they might be felt, might I think be rationally expected.

On the other hand I am doubtful of the prudence of disturbing the present system of things in the prospect of these rather indefinite and distant advantages and at the hazard of the inconveniences which have suggested themselves to me and which I will shortly state.

At present things are proceeding pleasantly and prosperously in Upper Canada. In Lower Canada they are not, but I do not think an union would remove in the least the difficulties existing there and it might have the bad effect of involving one province in the troubles of the other.

The number of representatives in Upper Canada is at present less than in the Lower Province, and would no doubt continue so for many years. The latter consists, with very few exceptions of Canadian French and I am apprehensive that an union of the two provinces would be regarded with such extreme jealousy and repugnance by the great body of the people in Lower Canada, that on future occasions they would even more studiously endeavour to exclude Englishmen from their Assembly, and confine their confidence to those who would sedulously guard their old system of things from innovation, and for many years I fear the people of Upper Canada would find it difficult to obtain any appropriation of revenue to purposes of public improvement within their province or to gain sufficient attention in their local interests from an assembly of whom the greater number would be unfriendly to their religion and unacquainted with their laws and jealous of their influence. If these consequences should follow they would retard the now rapidly increasing prosperity of Upper Canada at the most critical moment. Perhaps the apprehension is groundless, I state merely my own impression. Canada, it is true, contains at present much less population than the Lower Province the one having been first settled by Europeans only forty year ago, and the other more than two hundred: but it is well known, that in extent of land capable of cultivation, in the excellence of its soil and climate, and consequent capability of production the former possesses almost unrivalled advantages, and it would be much to be lamented that these should be prevented from developing themselves, by being placed under the control of persons little acquainted with our agricultural interest, and even averse to the system of tenures and of laws under which the province has so surprisingly flourished.

Upper

That it would be thus controlled at least for many years to come I take to be certain, especially if the Legislature should be convened at Montreal, for I fear in the present state of Upper Canada, it would be difficult to find gentlemen who could so completely abandon their own pursuits, as to attend an annual Legislative Session of three months at so great a distance from their homes. It could not be expected that the attendance of Members from the Upper Province_would be by any means so numerous even in proportion, as from the Lower, and I see great reason to apprehend that in any question in which the interests of the two Provinces may come into competition, such, for instance, as the proportion of Revenue to be expended in Upper Canada there would be little chance for some time to come of a fair decision. I fear this the

more from the conviction that the mass of the people of Lower Canada would feel extreme annoyance at the Union, looking upon it as a scheme to give to the English population an undue ascendancy and would be for some time little disposed to unite cordially with us forgetting all distinctions.

It perhaps deserves also to be considered how far it is politic upon national grounds to unite two colonies now distinct, thereby involving on all occasions the politics of one with those of the other, giving to them the means of making common cause in any unfortunate dissension which might arise, and rendering any disagreement a cause of irritation and of difficulty in two governments, whereas otherwise it might but affect the tranquillity of one.

Several other considerations of less importance naturally suggest themselves in weighing the probable consequences of an Union of the Legislatures. My desire has been to state such as appeared most worthy of notice, and in doing this I beg not to be understood as presuming to speak the sentiments of the Government, or of the Legislature of Upper Canada, for I am neither authorized nor prepared to state their opinions upon the expediency of an Union which was never within my knowledge, contemplated by either.

The representations from that Province with which I am charged were not intended I am certain to point specifically to that end, and indeed the measures which I have taken the liberty of proposing, and which are under the consideration of His Majesty's Government are wholly of a different nature. I can not even pretend to say how far an Union would be agreeable to the people of Upper Canada generally. I have reason to think the majority of their present representatives are unfavourable to it, from a conviction that it would not be beneficial, though some of that body, for whose opinion I have much respect think otherwise. I will take the liberty of remarking further, that the Act by which the Province of Quebec was divided and the present separate government established, was the result of great and long deliberation, and if the change of system so matured should prove disagreeable to the inhabitants of both or either of the Provinces, it may be expected that they will feel more deeply in proportion as it shall appear to have been hastily decided on, and without an opportunity having been afforded them of making known their sentiments. The people of Canada have been ever treated by Great Britain with a mildness and degree of parental indulgence that would make them more sensible to any apparent want of consideration even of their feelings. Another matter occurs to me upon which it is necessary to guard against any erroneous impression. The French Inhabitants of Lower Canada, I am firmly persuaded, are as peaceably disposed, as much inclined to submit to authority, and as loyally attached to the British Government, as any portion of His Majesty's subjects, and whatever trouble their representatives may give by refusing to make a permanent provision for the Civil List, or upon questions of Revenue, or of any kind between themselves and the Executive Government is not to be ascribed to the proponderance of French influence over the English, but to that desire which is found in all assemblies to assert to the utmost the share of power which they think the constitution gives them, a disposition which I think the descendants of English, Irish and Scotch will be found as likely to persevere in, as the descendants of Frenchmen. It is not my desire by anything I have said, to lead to a conclusion that the Legislatures should not be united, unless that inference shall appear to be the sound deduction from the consideration I have stated. I have set down what presented itself on both sides, anxious only that the decision may be made on sure grounds, and not formed upon erroneous conceptions or expectations which are not likely to be fulfilled.

XCI

PAPINEAU TO WILMOT

[Trans. Brymner, op. cit.]

Montreal, 16th December, 1822.

Sir,-You may have been informed that the strongest and most declared opposition to the Union of the Legislatures of Lower and Upper Canada, lately proposed in the Imperial Parliament has been manifested throughout this Province and Upper Canada.

This circumstance alone must attract the notice of every member of the Honourable the House of Commons who was present at the Debates, that took place on the bill alluded to introduced in the last Session of Parliament when it was asserted by the movers and supporters of the Bill, that the proposed law would be received with satisfaction by all His Majesty's subjects in the Canadas, which assertion must have been grounded on misrepresentation made by persons entertaining the hope that the measure would be carried before the sense of the people in these Provinces could be made known to Parliament. They have been thwarted in their expectation by the justice and wisdom of the Honourable the House of Commons.

The opportunity afforded to these colonies to express their sentiments on the subject, has been used in both Provinces, and petitions to His Majesty and the two Houses of Parliament against the Union of the Legislatures are now receiving signatures. These Petitions will make known the feelings and dispositions of His Majesty's Canadian subjects.

The committee appointed at a general meeting of the district of Montreal have considered it expedient that the members of the Honourable the House of Commons should be apprised of the measures now adopting here and beg to request that you will be pleased to consider this their communication as having no other motive or tendency than to intreat your attention, and to solicit your justice as a member of that House, where the dearest interests of this country may become the subject matter of discussion.

The committee does not deem it necessary to enter into a detail of facts which would sufficiently characterize the motives of the friends of the projected Bill, but merely wishes to dispel the odious aspersions on the great body of the people in this Province contained in several communications intended for England. Such as assertions that the opposition manifested in this Province on the part of the Populations so stigmatised is the effect of prejudices alone, alluding to their supposed attachment to France and to French principles; calling them foreigners; (foreigners in their native land!). The Bill in question, say these friends of the Union being so well calculated to Anglify the country, which is to be ultimately peopled by a British race.

The very style of these communications will it is hoped produce quite a different effect from that intended. It will be easily perceived on which side prejudices lie. No doubt these aspersions on the character of those whom they invidiously denominate French Canadians were intended to produce irritation from which an advantage was expected to be derived, but they had no other effect than that of producing contempt for such attempts against the liberties of the country. You will have occasion to observe that the representations of the majority of His Majesty's subjects in this Province will be such as should be expected from men who are attached to British principles and to a British constitution.

The preposterous calumny against the Canadians of French origin, as to their supposed attachment to France requires no other answer than what is derived from their uniform conduct during the wars, and the loyalty evinced by them on every occasion. They are not foreigners in this the land of their birth; they claim rights as British subjects, in common with every other subject of His Majesty in these colonies. These

are their birth rights, and yet it was expected by the projectors of the Union Bill to deprive them of these rights, which were so solemnly secured to them by the Act of the 31st of His late Majesty, after the elaborate discussion that then took place, and in conformity with the just and liberal views of the most enlightened politicians of those days.

By what they call Anglifying the country is meant the depriving the great majority of the people in this Province of all that is dear to men; their laws, usages, institutions and religion. An insignificant minority wish for a change and are desirous of ruling against every principle of justice by destroying what they call the Canadian influence, that is to say the influence of the majority of men entitled in the same rights as themselves, of the great mass of the natives: this eagerness to domineer has produced their present exertions to obtain by unjust means that which they should not and cannot reasonably expect if the matter be correctly understood. For it might be asked what right should that minority expect to have which would be subversive of the equal protection due to all His Majesty's subjects, as well in colonies, as everywhere else? Has Great Britain ever entertained any such policy towards its Colonies? Is it just or reasonable or even sound policy, that she should on this occasion, wound the feelings of a loyal population for the purpose of satisfying the prejudices of a few? Great Britain wants no other Anglifying in this Colony than that which is to be found in the loyalty and affection of its Inhabitants, no other British race than that of natural born subjects loyal and affectionate. Such are inhabitants of both Provinces; and it is the humble expectation of the Canadians, that on this occasion so momentous to them, their interests will be advocated by every liberal mind, as it is their belief and confidence that they will continue to enjoy the benefits of that constitution to which they manifest so strong an attachment and which they consider as the safeguard of their rights and liberties. I have the honour to be, sir,

Your most obedient and very humble servant,
L. J. PAPINEAU, President.

To R. J. Wilmot, Esq., M.P.

XCII

PETITION FROM MONTREAL FOR UNION, DECEMBER, 1822

[Trans. Brymner, op. cit.]

TO THE KING'S MOST EXCELLENT MAJESTY:

The Petition of the Subscribers, Your Majesty's dutiful and loyal Subjects of British birth or descent, Inhabitants of the City and County of Montreal in the Province of Lower Canada:

MOST HUMBLY SHEWETH:

That Your Majesty's Petitioners learnt with the most lively satisfaction, that the measure of uniting the provinces of Upper and Lower Canada under one Legislature had been submitted to the consideration of the Imperial Parliament in its last Session, and have been impressed with the sentiments of the most respectful gratitude for the attention which has been bestowed on this measure of vital importance to both Provinces.

Under the agreeable anticipation that the evident policy and urgent necessity of a Union of the Provinces will induce a renewal of the measure, in the next Session, Your Majesty's Petitioners most respectfully beg leave to submit the principal considerations that render them in the highest degree anxious for the adoption of the proposed Union.

Your Majesty's Petitioners in all humility represent that the division of the late Province of Quebec into two Provinces, must be referred to

as a measure which has been most prolific of evil. At the time the division took place upwards of thirty years had elapsed from the Conquest of the country, by Your Majesty's Arms; and notwithstanding the unlimited generosity which has been displayed towards the conquered, by confirming to them their Laws and Religion, by admitting them to a participation in the Government and in all the rights of British Subjects, and by continued demonstrations of kindness towards them, no advances had been made in effecting a change in the principles, language, habits and manners, which characterize them as a foreign people. Such change, as well from past experience as from the known operation of the feelings common to mankind, could not be expected while the conquered people were permitted exclusively to regulate their own Government, and thus cherish and maintain the national peculiarities, which it was equally the interest of the Parent State and of the Colony, should be gradually effaced by an intimate union with their fellow subjects of British origin. On this account it seemed evidently necessary in framing a new Constitution of Government that the representation should be so regulated as to ensure a fit and reasonable influence of British feeling and principles on the conduct of the Colonial Legislature. The measures for this purpose were at the time facilitated by the increase of the British population which had taken place, and by the settlements which had been formed by American Loyalists in the Upper Districts of the late Province of Quebec; in consequence of which a sufficiently numerous body of persons of British origin might, under a proper system of representation, have been introduced into the Colonial Legislature without offending against any principle of Justice, and certainly in strict conformity with the dictates of sound policy. Had this course which was anticipated at the time by the French Canadian population and would then have been cheerfully acquiesced in by them, been pursued, Your Majesty's Petitioners are confident that the Province would now have been, in all essential particulars, an English Province. Unfortunately Your Majesty's Petitioners in common with their fellow subjects of British origin, have to lament, that instead of adopting the policy which has been mentioned, the measure of dividing the Province was unexpectedly and to the utter surprise of the persons who had petitioned for a change in the Constitution, without imagining, that it was to be accompanied by any such measure resolved on; by which the English population in Lower Canada was rendered inefficient from the comparative smallness of their numbers, and the whole power of the representative branch of the Government was given to the French Canadians. It is a fact also, not unimportant to be stated, that both the British and Foreign Canadian subjects who had united in a joint petition to the Imperial Parliament, praying for a change in the Government, concurred through their agent, in petitioning, and were heard by Counsel, against the division of the Province; but their efforts were unavailing.

It is from this impolitic measure your Majesty's Petitioners state with confidence that the political evils under which Lower Canada has since laboured have principally resulted as their primary cause. The FrenchCanadian population for a short period of time after the adoption of the present constitution, partly from incapacity to exercise the political powers with which they had become invested, and partly from some remaining deference for their English fellow subjects; used their ascendancy with moderation; but this disposition was not of long continuance, and soon yielded to the inveterate anti-British and anti-commercial prejudices, by which they have not ceased to be actuated. The consequence has been, that persons of British origin, with the exception of a very small number, who have been elected rather for the sake of appearances than from any regard for their qualifications, have been excluded from the House of Assmbly. The proportion of English Representatives for many years past, has hardly ever amounted to one fourth of the entire number; and at the present time, of fifty members who represent Lower Canada only ten are English. This branch of Government may indeed be said to be