exclusively in the possession of the uneducated peasantry of the country, under the management and control of a few of their countrymen, whose personal importance, in opposition to the interest of the country at large depends on the continuance of the present vicious system. As illustrative of the spirit by which this body has been actuated, it will not be deemed irrelevant to mention that since the establishment of the present constitution, no person of British origin has been elected Speaker of the Assembly, although if regard had been had to ability, knowledge and other qualifications, a preference must have been given to persons of that description.

The composition of a Legislative body, such as that which has been described, under the influence of the prejudices of a foreign people, without the requisite ability for the discharge of its functions, and from which persons, who by their knowledge, their property and their respectability and influence in society, would constitute its most eligible members stand excluded, certainly cannot be deemed fit for regulating the concerns of a British Province of so much importance as Lower Canada, consistently with the interests of the Province itself or those of the mother country. And if to those causes of disqualification be added the most marked repugnance to every measure calculated to assimilate the Inhabitants of the country, with their fellow subjects in other parts of the Empire and to promote its commercial prosperity, it is impossible not to observe in the constitution of the Assembly of Lower Canada, the fertile source of all the evils complained of. Hence it is indeed, that the ever recurring differences between the several branches of the Legislature have principally arisen:-Hence it is that the powers of the Executive Government for the improvement and advancement of the Colony, have in a great measure become paralysed and utterly inefficient:-Hence it is that the extension of British settlements has been impeded and the increase of British population by the tide of emigration which for some years past has flowed so copiously into the Province, been prevented:-Hence it is in fine, that all commercial enterprise and improvement have been crippled and obstructed, and the country remains with all the foreign characteristics which it possessed at the time of the conquest, that is, in all particulars French.

The experience which your Majesty's Petitioners have had of these evils and the prospect of still greater, if an effectual remedy be not applied, have rendered the proposed Union of the Provinces to them, a matter of the most intense interest. They will therefore it is hoped, stand excused, if on a question involving their dearest interests as well as those of their posterity, as British subjects, they speak the language of truth without reserve. In doing so they feel themselves constrained, on this part of the subject, to declare that in their humble apprehension the adoption or rejection of the Union will determine whether this Province is to be in fact as well as in name, a British Province, or whether under the disguise of British dependence for some time longer, it is to be for ever French. In assuming the latter to be the consequence of not adopting the Union, Your Majesty's petitioners are grounded on the most exclusive facts. The French population of Canada, at the time of the conquest, was estimated at sixty thousand; and it is supposed may now exceed Three hundred thousand. The whole of this population, though with the exception of an inconsiderable number born under the English dominion, is as strongly marked by the characteristics of their foreign origin, as to language, manners, habits and dispositions, as they were at the time of the conquest. Without a union this population must retain its present ascendancy in the government of the country, and will not of course, of its own accord cease to be French. Its progressive increase under the fostering protection of Great Britain would therefore necessarily lead to the result, which without a Union is anticipated. And your Majesty's Petitioners cannot omit to notice the unreasonable extent of political rights which has been conceded to this population to the prejudice of their fellow subjects of British origin together with a sense of their growing strength, has already had the effect of realising in the imagina

tion of many of them their fancied existence as a separate nation under the name of the "Nation Canadienne;" implying pretensions not more irreconcilable with the rights of their fellow subjects than with a just subordination to the Parent state. Your Majesty's Petitioners would respectfully submit whether a system of government which has had such effect and which in its ulterior consequences, must expose Great Britain to the mortification and disgrace of having at immense expence, reared to the maturity of independence a foreign conquered colony, to become the ally of a foreign nation and the scourge of its native subjects and their descendants, ought to be persisted in?

In respectfully representing the considerations requiring a Union derived from the foreign character of a great part of the population of Lower Canada and its inimical disposition of everything British, Your Majesty's petitioners have only stated those grounds for the measure to which their situation and past experience have given peculiar force and urgency. But if those were even excluded from view, and the Population of both Provinces were entirely homogeneous, the necessity of uniting them for their common interest as well as that of the mother country would still be unquestionable. It is a consequence of the relative geographical situation of the Provinces, that Upper Canada is entirely dependent on Lower Canada for the means of communicating with the Parent state and other countries; it is only through Lower Canada, that the Upper Province can receive its supplies or export its surplus commodities.

The port of Quebec is the entrance common to both. This being situated in Lower Canada the inhabitants of Upper Canada can have neither free ingress into nor egress from, their country, except in so far as it may be permitted by the Government of Lower Canada. This Your Majesty's Petitioners humbly represent is a cause for the Union of the Provinces perpetual in its operation, and which cannot be counteracted without a long series of inconveniences and disasters to both. If while it may still be done, the population of the two Provinces be not gradually assimilated and identified in their interests, by a Union, the differences between them from the causes now in operation and the collisions to which they will give rise, must have the effect of rendering the inhabitants of each a separate and distinct people, with the most hostile feelings towards each other, requiring only a fit occasion to urge them into measures of actual violence. In the progress of things towards this conclusion, the inhabitants of Upper Canada would imperceptibly be induced to form connections with their American neighbours and being unnaturally disjoined from Lower Canada, would seek to diminish the inconveniences arising by a more intimate intercourse with the adjoining states, leading inevitably to a Union with that country. The actual tendency of things to this result, while the Provinces continue under separate Legislators, it is to be observed, is likely to be much promoted, by the artificial means of communication by canals, which have been lately formed at immense expence in the State of New York, affording to Upper Canada, if the outlet at the port of Quebec should be rendered inconvenient to her, an easy communication to American seaports and her disposition to avail herself of this communication will obviously be increased while the Lower Province continues in its character to be French.

Some of the circumstances arising from the division of countries, thus united by nature, Your Majesty's Petitioners beg leave to represent, have been practically exhibited in the disputes respecting revenue between the two Provinces. Upper Canada relies on the revenue to be derived from import duties for the payment of her civil expenditure. The nature of her local situation precludes her from conveniently or effectually levying these duties within her own limits, it is at the port of Quebec only that she can levy them:-but this is in another Province, and while she has a separate Legislature, beyond the authority of her Government.

The consequence has been that till the recent interposition of the power of the Imperial Parliament, she has been dependent on the wood

will of the Legislature of Lower Canada, for a proportion of the duties levied at the port of Quebec, and has been virtually subject to taxation by the Legislature of another Province, without her concurrence or consent. It is in the nature of things impossible to determine what proportion of the duties in question ought to be allowed in Upper Canada, regard being had to strict Justice between the Provinces. And it has been urged that the claims of natural justice, on the part of Upper Canada, would only require for her, either a free transit for goods imported for that Province, or the payments to her of the duties actually levied on such importations at the port of Quebec. Your Majesty's Petitioners will not, on this occasion, presume to canvass the merits of the conflicting rights of the two Provinces on this subject, but will only observe, that if the Provinces be not united under one Legislature, no system which human ingenuity can devise, will be found effectual or satisfactory in obviating this ground of difference between them or exclude just cause of complaint by one or other of the parties concerned.

In what respects the Regulations, recently established by an Act of the Imperial Parliament, for settling the differences now referred to, Your Majesty's Petitioners while they acknowledge the beneficent views which have dictated them, feel it incumbent on them respectfully to state that these regulations if considered in any other light than as a temporary expedient, would not be found reconcileable with the just rights of the Lower Province or of its Legislature, and would be productive of great evils. Your Majesty's Petitioners cannot omit to observe that the proportion of duties allowed to Upper Canada is greater than, if regard were had to her present consumption of dutiable articles imported at Quebec she should be considered fairly entitled to, nor can they pass over in silence, the extreme inconveniences and injury that would be occasioned by the restrictions imposed on the power of the Legislature of Lower Canada, as a permanent measure, nor the inadequacy of Arbitration to regulate, as proposed, the important interests in question. With the most perfect submission, Your Majesty's Petitioners beg leave to express their belief that neither of the Provinces would be satisfied for any length of time with the arrangement referred to; and that the advancement and improvement of both would be most injuriously retarded by the incapacity under which the Legislature of each would labour to provide, by its own authority, a revenue adequate to its wants.

In

While Your Majesty's Petitioners thus humbly represent the convic tion they feel that the Regulations above referred to must create dissatisfaction, and be found inadequate for the purpose intended, they cannot but observe in this inadequacy the strongest reason for adopting the remedy of a Union by which the evil intended to be palliated by those Regulations would not only, by the removal of its cause, be extinguished for ever, but a multitude of other evils be removed and prevented. adverting to the injurious consequences arising from the division of the late Province of Quebec, Your Majesty's Petitioners cannot omit to notice more particularly the effect that measure has had in preventing the in crease of the British Population in Lower Canada, and the developmen of its resources. The preponderance of the French Population in the Legislature has occasioned obstacles to the settlement of British Emigrants that have not been surmounted; so that the vast increase of British population to have been expected from this cause has been, in a general degree, prevented. The injury sustained in this particular may be easily appreciated when it is observed that, since the late American War, upwards of eighty thousand souls (that is a number equal to one-fourth of the actual French population) have found their way to this Province, from Great Britain and Ireland, and of these scarcely one-twentieth part remains within its limits, the rest, with the exception of a small number who have settled in Upper Canada having been induced by the foreign character of the country in which they had sought an asylum, and the discouragements they experienced, to try their fortunes in the United States. The loss thus sustained is not confined to those who left the

country, but comprises their connections and friends who would have followed them. In the same proportion as the increase of British Population has been prevented, has the Agricultural and Commercial prosperity of the country been retarded and obstructed; as it is to the enterprize, intelligence and persevering industry, of that population that both Agriculture and Commerce must be principally indebted for their advancement. On this head it may be fairly advanced that, had not the impolitic division of the late Province of Quebec taken place, and had a fit plan of Representation been adopted, the British Population would now exceed the French, and the Imports and exports of the country be greatly beyond their present amount.

The injury thus produced to the interests of the Mother Country and those of the Colony, by the French character which now belongs to this Country, and the predominance of French principles, Your Majesty Petitioners humbly represent, without a Union of the Provinces, must be aggravated by the augmented influence of those causes arising even from a recent Act of liberality on the part of the Mother Country towards her Colonies. According to the Colonial system recently adopted, a direct intercourse between Lower Canada and France is now permitted, the immediate effects of which will unquestionably be to give increased strength of these national prejudices which during sixty years of interdicted communication with France have remained unabated, and to render more inveterate the causes of disunion between Your Majesty's subjects in Lower Canada; which effects as well as others more remote, affecting the stability of Your Majesty's Government, can only be counteracted by the proposed Union of the Provinces under one Legislature.

Your Majesty's Petitioners, without trespassing on Your Majesty's patience by a longer detail of the injurious consequences produced by the division will beg leave to specify succinctly the benefits to be expected from a Union of the Provinces. By this measure, the political evils complained of in both Provinces would be removed. The French population in Lower Canada, now divided from their fellow-subjects, by their national peculiarities and prejudices and with an evident disposition under the present system to become a separate people would be gradually as similated to the British Population of both Provinces, and with it moulded into one people of British character, and with British feelings. All opposition of interest and cause of difference between the Provinces would be for ever extinguished: an efficient Legislature, capable of conciliating the interests of the Colony with those of the Mother Country, and providing for the security and advancing the agricultural and commercial prosperity of the country, would be established by means of which the international improvement of both Provinces would not only be rapidly promoted, with the consequent benefits thereto arising from Great Britain, but their strength and capacity to resist foreign oppression be greatly increased: the tie of connection between the Colony and the Parent State would be strengthened and confirmed, and a lasting dependence of the Canadas on the latter be ensured, to the mutual advantage of both.

Under a full conviction that these important and lasting benefits will be realized by a Union of the Provinces Your Majesty's Petitioners humbly pray that an Act for uniting the Provinces of Upper and Lower Canada under one Legislature, may be passed, with such provisions for rendering the measure effectual, as in Your Majesty's wisdom may appear expedient. And Your Majesty's Petitioners,

As in duty bound,

Montreal, December, 1822.

Will ever pray,

etc., etc., etc.

XCIII

PETITION IN FAVOUR OF THE UNION OF THE PROVINCES

[Trans. Brymner, op. cit.]

TO THE KING'S MOST EXCELLENT MAJESTY:

The Petition of the Undersigned Seigniors, Magistrates, Members of the Clergy, Officers of Militia, Merchants, Landholders and others, Inhabitants of the City and District of Quebec, Province of Lower Canada:

HUMBLY SHEWETH:

That your Petitioners have learnt with the greatest satisfaction, that Your Majesty has taken into your Gracious Consideration the State of the Provinces of Upper and Lower Canada, with a view to adjust certain differences relating to matters of Revenue complained of by the Province of Upper Canada; and as it appears that Your Majesty's Government in the course of its inquiry into the sources of these differences, has become satisfied of the necessity of some change being made in the Constitution of these Provinces, but has postponed the adoption of final measures in order to give time to the people thereof to express their sentiments, Your Petitioners beg leave humbly to approach Your Majesty with a statement of various Evils under which they have laboured for some years and from which they have no hope of relief except by the interposition of Your Majesty and the Imperial Parliament.

The experience of thirty years has now demonstrated the impolicy of the Act of the British Parliament, 31, Geo. III, Cap. 31, by which the late Province of Quebec was divided into the Provinces of Upper and Lower Canada. To this Division Your Petitioners ascribe the present incffective state of the Legislature and the want of those necessary measures for diffusing throughout the whole population of the country feelings becoming their character as British subjects, and introducing that general spirit of improvement which encouraged by the commercial system, universally pervades and invigorates other British Colonies. This division has created a difference of interest between the Provinces in matter connected with Revenue highly injurious to both, inevitably producing a spirit of dissension and animosity, and infusing into the Legislatures principles of a narrow and selfish policy adverse to the general development of their resources, and in an especial manner to the improvement of the channels of intercourse between them, and it is essential here to notice that nearly the whole of the Revenue of the two Provinces arises from duties levied on Merchandize imported at the port of Quebec under Laws enacted by the Legislature of the Lower Province. It has also, from the control which the geographical situation of the Lower Province enables it to exercise over the trade of the Canadas placed the export trade of the Upper Province at its mercy being subject to such regulations and restrictions at the Shipping Port, as its Legislature may chose to impose. From this circumstance, and from the feeble attempts made to improve the grand natural channel of the Canadas strikingly contrasted with the enterprise and energy evinced by the neighbouring State of New York in the rapid formation of Canals, together with the indifference manifested on this subject by the Legislature of the Lower Province; Your Petitioners have just reason for alarm, that if a similar system be persisted in, it may tend in a most injurious degree to increase the Commercial Intercourse of the Upper Province with the United States and divert the enterprise and trade of its inhabitants into a foreign channel and from these causes Your Petitioners not only apprehend the immediate loss of beneficial Trade, but that the gradual effect would be to interweave the interests of the Upper Canadians with those of the neighbouring States, thereby alienating their minds from the people of this