. 223

LVI. Act Introducing English Civil Law into Upper Canada,

1792 .

227

LVII. Act Establishing Trial by Jury in Upper Canada, 1792 . 228

LVIII. Act for Appointing Town-Officers in Upper Canada,
1793

229

LIX. Extracts from Rules of House of Assembly, Lower

Canada, 1793

These Rules deal with the questions of language and

supply.

232

LX. Dorchester's Suggestions for the Government of Canada,

February 19, 1793

233

.

LXV. Milnes to Portland, November 1, 1800

Finds the Executive in the Province very weak.

Clerical influence too powerful to admit of an in-

crease of the Crown's. Recommends that the clergy

take out licences from the Government, as intended

by the Royal Instructions. The disbanding of the

militia an unfortunate necessity. Necessity of settling

Protestants on the waste lands and of increasing the

Roman Catholic Bishop's salary in order to secure

him more closely to the Crown. The defects of the

Assembly outlined. Education and the Protestant re-

ligion need attention.

LXVI. Portland to Milnes, January 6, 1801

Reply to No. LXV. Impossible to reform the social

conditions due to the original settlement of the coun-

try. Agrees that the clergy should be brought under

the control of the Governor by issuing the intended

licences to them. Approves of a reorganization of

the militia, but with some weeks' annual training.

238

244

LXVII. Observations on the Government of Lower Canada by

John Black, October 9, 1806

Page

246

These "Observations" by a resident in Lower Canada

amplify Milnes' letter of November 1, 1800 (No.

LXV.). Recommends the reuniting of the Provinces.

LXVIII. Ryland's Observations on the Political State of Lower

Canada, 1808
. 248

Foretells sedition in the House of Assembly. Advises

increasing the numbers of the Legislative Council,

the appointment of men trained in England to the

Bench, and the passing of an Imperial Act authorizing

the provision of a member of the House of Assembly

for every new county or district settled by the Govern-

ment with a sufficient number of English settlers.

LXIX. Craig to Castlereagh, August 5, 1808

The majority of the House of Assembly affects to

believe that there is a Ministry in Lower Canada and

that it is responsible to the House of Assembly.

LXX. Craig to Castlereagh, June 5, 1809

250

250

House of Assembly has been discussing the exclusion

of the judges and has expelled a member on account

of being a Jew. Has dissolved the House.

LXXI. Castlereagh to Craig, September 7, 1809

254

Official reply to No. LXX. Reluctantly approves of

Craig's measures; advises moderation in language and

method.

LXXII. Castlereagh to Craig, September 7, 1809

A personal reply to No. LXX. Discusses Craig's

actions in a friendly way and advises more caution

and tact if he is to maintain the dignity of his office.

There is no opposition on the part of the British

Government to a measure excluding the Judges from

Assembly.

LXXIII. Craig to Liverpool, May 1, 1810

A long despatch covering the whole problem of Lower

Canadian conditions as they appeared to the Governor.

The vast majority of the people are French in sym-

pathies; the Catholic Bishop's appointment not in ac-

cordance with law; his patronage completely in his

own hands; the clergy have no direct communication

with the Governor; they are undoubtedly attached to

France on account of Napoleon's Concordat; the

Legislative Council one of the most respectable things

in the Province; outside his duty to question the wis-

dom of a House of Assembly, but within it to criticise;

it is composed of ignorant and illiterate men who are

dominated by a clever faction which permits of no

governmental influences; Napoleon's successes have

turned their heads, and they are avowedly preparing

to bring Lower Canada under his dominion; this idea

is unfortunately becoming popular; the faction in the

House of Assembly hold the ignorant electors in the

hollow of their hand, and the latter now look on “La

Chambre" as the real Government; the newspaper Le

Canadien vilifies the officials; "La Nation Canadienne"

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256

Page

is the general idea of the Province in the popular

mind, which is now turned, as never since the con-

quest, to France for aid; growing objections to the

settlements in "The Townships" as detrimental to the

unity of "La Nation Canadienne." Craig advises the

suspension of the Constitution, so serious is the out-

look. He does not favour reuniting the Provinces,

which would only be "a heterogeneous mixture of

opposing principles." Perhaps a redistribution of

seats, some increase in the franchise and a good quali-

fication for membership of the Assembly would be, in

the crisis, more immediately practicable, and the

Bishop must be brought under the clear law. Mr.

Ryland, his Secretary, is going to England to urge the

seriousness of the situation and to promote his sugges-

tions.

LXXIV. Observations of Chief Justice Sewell on the Union of

the Provinces, 1810 .

The

Assigns the difficulties of Government in Lower Can-

ada chiefly to the preponderance of French ideas and

to the weakness of the Executive. The whole policy

of the British Government has been to perpetuate the

differences of religion, laws and language, which are

the great connecting links between a Government and

its subjects. The result has been to keep the people

French and to accentuate the antipathy between them

and the English. The Canadian population must be

"overwhelmed and sunk" by English Protestants—i.e.

settlers from the United States, of whose capacities

for becoming loyal subjects he has no fear.

United States never liked a nation of Frenchmen to

their north and the introduction of such settlers would

tend to satisfy their ideas and to promote commercial

activities. At any rate, they would be of English

descent and the risk in attempting to assimilate them

would not be as great as the present risks in Lower

Canada. All tenures ought to be changed into free

and common soccage. No hopes of counteracting

French ideas can be entertained from an ignorant,

priest-guided Assembly. The future may contain a

better system, but the needs are immediate. For these

needs an "incorporate union" of the two Provinces

seems advisable. It would increase the English_in_the
Assembly, and the number of members from Lower
Canada might be reduced, and thus the influence of
the clergy diminished. Commerce would increase, and
inter-provincial jealousies tend to disappear.
Governor must exercise ecclesiastical patronage in
Roman Catholic parishes. Reasons given for the legal-
ity of such an exercise. Education must be rescued
from clerical influences and placed under the Govern-
ment, and the public press must be regulated and
controlled.

The

Has interviewed the Cabinet and instructed their

ignorance of Canadian affairs. Advised strongly

against any policy of conciliation.
Has seen many

merchants who trade to Canada and influenced them

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272

Page

to draw up a memorial (No. LXXVI.) supporting

Craig's régime.

LXXVI. Memorial from British Merchants to Liverpool, 1810 . 275

See No. LXXV. An inspired support of Craig's

methods in Canada.

LXXVII. Ryland to Craig, September 11, 1810 .

Has had an interview with Liverpool, who explained

that it would be impolitic at present to attempt to

repeal or change the Constitutional Act of 1791. Has

shewn him the despatch about to be sent (No.

LXXVIII.), and has asked him to outline later some

"points" on which changes can be made without re-

course to the Imperial Parliament (cf. No. LXXIX.).

LXXVIII. Liverpool to Craig, September 12, 1810

. 276

. . 276

Fears that even Craig's accounts of Canadian affairs

Iwould not influence Parliament to amend the Con-

stitutional Act of 1791. At any rate the attempt would

be impolitic. Conciliation is officially advised on all

points; but on its failure, the Assembly's usurpations,

if any, must be resisted. "In Canada the Executive

Government is in no way dependent on the Assembly."

If the Assembly proves recalcitrant, let it be pro-

rogued or dissolved, and the inconveniences will be

more detrimental to domestic government than to

commercial, foreign or military interests. At any rate,

the inconveniences will be its own creation. Proroga-

tion is the better method. It will defeat a factious

House and at the same time avoid the excitement of

elections.

LXXIX. Ryland to Peel, February 11, 1811

Outlines the progress of the Lower Canadian Assem-

bly's claims, and also the "points" referred to in No.

LXVII.

LXXX. An Act disqualifying Judges from Sitting in the House

of Assembly of Lower Canada, 1811

LXXXI. Mémoire....des Habitans du Bas-Canada, 1814

A detailed statement of the case for the majority in

Lower Canada. It anticipates in some respects "The

Ninety-Two Resolutions" (No. CXIV.), and the de-

mand for "responsible Government."

LXXXII. Chief Justice Monk's "Remarks" on "Mémoire"....des

Habitans," 1814

A detailed reply to No. LXXXI. by Chief Justice

Monk of the King's Bench, Montreal. "Responsible

Government" foreign to colonial administration.

LXXXIII. Brief Review of the State of Lower Canada by Ryland,

May, 1814

A long and unfavorable account of Prevost's régime.

LXXXIV. Legal Opinion on the Privileges Claimed by the House

of Assembly, December 30, 1815

LXXXV. Sherbrooke to Bathurst, July 15, 1816

Doubts the wisdom of restraining the Governor's dis-

279

281

282

287

290

297

300

Page

cretion with regard to the dissolutions of the House

of Assembly.

LXXXVI. Right of the House of Assembly to initiate all Money

Bills, 1818

A series of resolutions illustrating difficulties between

the Legislative Council and the House of Assembly of

Upper Canada in connexion with the initiation and

control of supply.

LXXXVII. Act respecting the Eligibility of Persons to be returned

to the House of Assembly of Upper Canada, 1818

LXXXVIII. Sherbrooke to Bathurst, March 14, 1822

Advises the union of the two Provinces, provided that

the popular House can be brought under effective con-

trol. The Upper Canadian House is now tractable,

but will it remain so with the constant influx of

settlers from the United States? Upper Canada is

generally irreligious or "sectary"; and there was in

that Province, during his régime, a bias towards the

American form of Government, a bias which the

Government need never fear in Lower Canada, where

there is a rooted antipathy to it.

LXXXIX. Proposed Act of Union, 1822

An important factor in the rise of French Canadian

nationalism, as this proposed Act aimed at bringing

the Roman Catholic clergy under the control of the

Government and at abolishing the use of the French

language in parliamentary debates.

XC. Considerations on the Union of the Provinces by J. B.

Robinson, April 23, 1822

The reasons which led to the division of the Province

are not materially changed, so that their validity can
still be claimed for the continuance of the present
scheme; no reasons, however, against union if for the
benefit of the colony and of England. Generally speak-
ing, he sees no reason for believing union necessary.
If the revenue disputes between the Provinces could
be settled by union, well and good; but he sees no
reason to believe that they could. Nor would a union
help the Government in its financial disputes with the
House of Assembly in Lower Canada. Even were the
members of the Upper Canadian House united with
those of Lower Canada, they would be only a minority,
and by no assurances a unanimous minority in uni-
form support of the Executive. A union might doubt-
lessly be beneficial for ultimate good, but the question
is a pressing practical one, and a union does not at
present seem to offer any hope for betterment.

XCI. Papineau to R. J. Wilmot, December 16, 1822

Union is detested by the French Canadians, whose

loyalty he defends.

XCII. Petition from Montreal for Union, December, 1822

Proposal welcome, as petitioners are British in the

midst of a population still overwhelmingly "foreign,"

which controls the House of Assembly to the detri-

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303

306

307

312

317

318