Puslapio vaizdai
PDF
„ePub“

My Lord,

XLVIII

DORCHESTER TO SYDNEY1

[Trans. Shortt and Doughty.]

Quebec, 8th November, 1788.

The Province of Quebec consists at present of seven districts or counties; Quebec and Montreal in the central parts, Gaspe at and near the mouth of the Saint Lawrence, and the country, west of Point au Boudet, divided into the four districts of Luneburg, Mecklenburg, Nassau, and Hesse. The Canadians, or new subjects, occupy the districts of Quebec and Montreal, and some are also to be found in the districts of Gaspe, and Hesse. The three districts of Luneburg, Mecklenburg, and Nassau, are inhabited only by the loyalists, or old subjects of the Crown. The Commerce of the country being chiefly carried on by the English occasions a considerable mixture of inhabitants in the towns of Quebec and Montreal, nearly in the proportion of one British to two Canadians. Some of the former are also settled at Three rivers, Terrebonne, William Henry, Saint Johns, and the entrance of Lake Champlain, and a small number are dispersed among the Canadians in the country parishes; the fur trade has collected some hundreds at Detroit, as the fisheries have at the bay of Chaleurs, and other parts of the district of Gaspe. The proportions of British and Canadians in the two districts of Quebec and Montreal, exclusive of the towns, may be about one to forty, in the same districts, inclusive of the towns, one to fifteen, in the district of Hesse one to three, in the district of Gaspe two to three, and in the whole province, taken together, about one to five.

A change of the laws and form of government, by the introduction of an Assembly, is chiefly promoted by the commercial part of the community, in the towns of Quebec and Montreal. The Canadian Habitans, or farmers, who may be stiled the main body of the freeholders of the country, having little or no education, are unacquainted with the nature of the question, and would, I think, be for, or against it, according to their confidence in the representations of others. The Clergy do not appear to have interfered. But the Canadian gentlemen in general are opposed to the measure; they object to the introduction of a body of new laws, to the extent and tendency of which they are strangers; they express apprehensions of much disquietude among the people from the introduction of an assembly, and conceive that the low state of learning and knowledge in the country would lay them open to the pursuit and adoption of wrong measures, and to dangers, which a more enlightened people would not be exposed to. The fear of taxation, I take for granted, is among the motives of those, who are adverse to the change, and would no doubt strongly influence the sentiments of the common people, if they should come to consider the merits of the question. The objections, which appear to exist to a farther introduction of the trial by jury, arise partly from prejudice, and partly from an idea, that the choice would be narrow, and render it difficult to find jurors, totally disinterested.

In addition to these observations, it may be proper to mention, that the population of this country is chiefly confined to the margin of the waters from the western side of the gulph of Saint Lawrence in the district of Gaspe, to the settlements at and above Detroit, a chain of not less than eleven hundred miles; and that, though the ancient settled parts of the districts of Quebec and Montreal, from Kamaraska to Point au Boudet (comprehending about three hundred and seventy miles of the above line) may find no great burthen in the expence of a representation, it may be otherwise with the inhabitants newly set down in Gaspe, Lune1 Dorchester's reply to the despatch of 3 Sept., 1788 (No. XLVII).

2 The Districts of Lunenburg, Mecklenburg, Nassau and Hesse were erected and defined by Patent dated July 24, 1788.

M

burg, Mecklenburg, Nassau, and Hesse, and that the inconveniencies and charges of assembling, from parts so distanct, would be increased by the nature of the climate, which renders the roads for several months in the year difficult, if not impracticable.

A division of the province, I am of opinion, is by no means adviseable at present, either for the interests of the new, or the ancient districts, nor do I see an immediate call for other regulations, than such as are involved in the subject of the general jurisprudence of the country. Indeed it appears to me, that the western settlements are as yet unprepared for any organization, superior to that of a county. This has lately been given to them, and will, I trust, answer their present wants, if I except Hesse, whose commercial and complicated affairs call for a particular provision, now under the consideration of a Committee of the Council. But though I hold a division of the province at present inexpedient, yet I am of opinion, that no time should be lost in appointing a person of fidelity and ability, in the confidence of the loyalists, to superintend, and lead them, and to bring their concerns with dispatch to the knowledge of government, under the title of Lieutenant Governor of the four western districts above named.

Should a division of the province notwithstanding be determined by the wisdom of His Majesty's Councils, I see no reason, why the inhabi tants of those western districts should not have an Assembly, as soon as it may be organized without detriment to their private affairs, nor against their having so much of the English system of laws, as may suit their local situation, and condition. But in this case particular care should be taken to secure the property and civil rights of the Canadian settlers at Detroit, who, I am convinced, would not chuse to emigrate, though good lands might be given them in the lower parts of the province. But, should they chuse to move, it would be attended with much inconvenience, as would their being left insulated, and attached to the district of Montreal. With respect to proper limits for the new government, in the event of a separation, I would recommend those described in the annexed paper, which will comprehend all the settlements of the loyalists on the river Saint Lawrence above Point au Boudet, and those also lately laid out for them on the south side of the Uttawas river.

I am with much respect and esteem

Your Lordship's most obedient, and most humble servant,

THE PROPOSED LINE OF DIVISION.

DORCHESTER.

To commence at a stone boundary on the north bank of the Lake St Francis, at the dove west of pointe au Bodet, in the limit between the township of Lancaster, and the seigneurie of New Longueuil, running along the said limit in the direction of North, thirty four degrees west, to the westernmost angle of the said seigneurie of New Longueuil, thence along the north western boundary of the seigneurie of Vaudreuil running north twenty five degrees east, until it strikes the Ottawas River, to ascend the said river in to the lake Temiscaming, and from the head of the said lake by a line drawn due north until it strikes the boundary line of Hudson's bay, including all the territory to the westward and southward of the said line to the utmost extent of the country commonly called or known by the name of Canada.

D.

Dear Sir

XLIX

FINLAY TO NEPEAN

[Trans. Shortt and Doughty.]

Quebec, 9th february, 1789.

The great question, whether a House of Assembly would contribute to the welfare of this Province in its present state? has been so fully discussed that the subject is entirely exhausted—both old and new subjects here, who have openly declared their sentiments, now composedly wait the decision of the British Parliament with respect to Canadian Affairs. It was, in my humble opinion, a wise measure to endeavour to draw from every quarter as much information as could possibly be had-there has not been any restraint on the people-they have said all they had to say. The petitions and counter petitions to His Majesty, (which have no doubt ere now reached the foot of the Throne) have been published in our Gazette.

I am ignorant of Lord Dorchester's way of thinking relative to a house of the representatives of the people; I do no believe that he has confided his opinion on that head to any person on this side of the Atlantic.

Every thing considered relative to the present situation of this Province, I confidently believe that a constitution founded on the 12th Article of His Majesty's instructions to the Governor General', would be the fittest for this Country in its actual state.

We might make the people entirely English by introducing the English language. This is to be done by free schools, and by ordaining that all suits in our Courts shall be carried on in English after a certain number of years.

I have never been able to perceive why the Laws of England should not be the rule for the decision in all cases of personal actions grounded upon debts, promises contracts and agreements whether of a mercantile or other nature, and also of wrongs proper to be compensated in dammages. Nor have I been able to see that it would be expedient to alter the Laws Customs and usages that have hitherto in Canada governed in all controversies respecting Titles of lands, and the tenure, descent, alienation, incumbrances, and settlements of real Estates, and the distribution of personal property of persons dying intestate.

The advocates for a House of Assembly would say that this Plan stands on too narrow a bottom: nothing short (say they) of Power to Tax can ever give a spur to Trade, or rouse the indolent habitant to industry and as England holds her Colonies for the sole purpose of extending her Commerce, the power to raise money must be granted to the people in this Province to render it of real utility to the Parent State.

Some people remark that the Canadians were not consulted before the Criminal Law of England was introduced into this Province-it was given them for their good: it may therefore (they conclude) be well left to the wisdom of a British Parliament to make all the changes in the Constitution of this Country now become necessary from the acquisition of so many thousands of His Majesty's natural born subjects as settlers among us.

The Mass of the Canadians are not yet qualified to Judge of the matter-they could not reason on the proposed change: they'll be happy under any well regulated Government, and perfectly contented whilst they remain exempted from Taxes, provided no alarm shall be sounded to rouse apprehensions touching the safety of their religion.

The Seigneurs, I presume, will ever oppose proposals tending to alter the present System, as I believe that they conceive their consequence depends on the support of that System: but of what consequence can a Canadian Seigneur be in an English commercial Province! He enjoys no particular privileges in the Society-He has no legal command over his

1 See No. XLII.

tenants, nor are they in general look'd up to for their superior knowledge. Their fortunes are for the most part but very slender: yet you may have seen by their late publications here that they pretend to a consequence which but few (not of that class) are willing to allow them.

Among the number there's sensible well informed Gentlemen who are in estimation with all ranks of the people, but it would be as hard to root out the prejudices of an Englishman in favour of the British Constitu tion, as it will be to undo the predilection that a Canadian gentleman has for that form of Government which we found established here at the conquest of the Country.

A Canadian Seigneur speaks thus: "The Laws, ancient usages, and "customs of our Province would soon be abolished if the King's natural "born subjects should succeed in their application for a House of Assem"bly. We wish to preserve our Laws in full force to the end of time. We "have an undoubted claim to share all places of honor or profit in the "service of Government in proportion to our numbers. That we have uni"formly adhered to these demands, let our addresses' of 1784 and 1788 "bear testimony."

On these remarks, I will Just observe, that as the house of Representatives would be composed of a Majority of Canadian free-holders, they would not alter the Laws without being fully satisfied that they stood in need of alteration.

The King makes no distinction between a man born in Canada and one born in middlesex-we are all His Majesty's subjects-He is the fountain of honor-His Royal favor will extend to the worthy, be they new or be they natural born subjects.

I have the honour to be, Dear Sir, Your obliged and very faithful servant HUGH FINLAY.

My Lord,

L

GRENVILLE TO DORCHESTER

[Trans. Shortt and Doughty.]

Whitehall, 20th Octr., 1789.

The public dispatches of this date will inform your Lordship of the intention of His Majesty's Servants, with respect to the plan to be proposed in Parliament for altering the present Constitution of Canada-1 feel that it is due to your Lordship, that I should inform you of the grounds on which this resolution has been adopted, in a more particular manner than the nature of a public dispatch appears to admit; and, for that purpose, I inclose to your Lordship in confidence, a paper containing the heads of those suggestions, on which the present measures are founded I am persuaded that it is a point of true Policy to make these Concessions at a time when they may be received as matter of favour, and when it is in Our own power to regulate and direct the manner of applying them, rather than to wait 'till they shall be extorted from us by a necessity which shall neither leave us any discretion in the form, nor any meri! in the substance of what We give.

I am ignorant how far your Lordship's Opinion coincides with the ideas stated in the inclosed paper. One point I observe, and have alluded to in my public Letter, on which you have stated Objections; but I think they are such as apply to the present state of the Province, rather than to what it would be under a different form of Government.

With regard to the remainder, it would certainly give me great satis

1 See No. XL and XLI.

2 See No. LI. William Wyndham Grenville, afterwards Lord Grenville, succeeded Sydney as Secretary for the Home Department in June, 1789.

faction if I could find the opinions which I entertain confirmed by your Lordship's experience and knowledge of the Subject.

But, in all events, I have not the smallest doubt of your Lordship's wish to co-operate in carrying into execution, in the most advantageous manner, that Plan which Parliament shall ultimately adopt, on a subject which has been so long before them; and I trust you will see the importance in this point of view, of your delaying your visit to this Country, 'till after the new Government shall have been put in motion.

There is one subject adverted to in the paper which I now enclose, of which no mention is made, either in the Bill' now transmitted to your Lordship, or in the dispatch which accompanies it. What I mean is, the suggestion relative to the possibility of making such reservations of Land adjacent to all future Grants, as may secure to the Crown a certain and improving Revenue.-A Measure, which, if it had been adopted when the Old Colonies were first settled, would have retained them to this hour in obedience and Loyalty. I confess that I am very particularly anxious to find myself sufficiently informed to be able to recommend to His Majesty, the adoption of some system of this nature, in His remaining Colonies, and I should therefore feel myself obliged to your Lordship, if you would consider it with attention, and state to me your Sentiments, both as to the general principle, and as to the best mode of carrying it into effect, in the different Provinces under the King's Government in North America.

Your Lordship will perceive, by the different accounts, which you will receive from Europe, that the state of France is such, as gives Us little to fear from that quarter in the present moment. The opportunity is therefore most favourable for the adoption of such measures as may tend to consolidate Our strength, and increase our resources, so as to enable Ourselves to meet any efforts that the most favorable event of the present troubles can ever enable her to make.

[blocks in formation]

It having been determined to bring under the consideration of Pariament early in the next Session the propriety of making farther provision for the good government of the Province of Quebec, I enclose to your Lordship the draught of a Bill' prepared for this purpose.

His Majesty's Servants are desirous, before this Plan shall be proposed to Parliament, to avail themselves of such observations upon it as your Lordship's experience and local knowledge may suggest. It is probable that Parliament may not meet till towards the end of January next, and that there will therefore be full time for me to receive your Lordship's answer to this dispatch with such remarks as may occur to you on the proposed Bill, and with such information as may be necessary to enable me to supply those particulars of detail which are now left in blank.

Your Lordship will observe that the general object of this plan is to assimilate the Constitution of that Province to that of Great Britain, as nearly as the difference arising from the manners of the People and from the present Situation of the Province will admit.

In doing this a considerable degree of attention is due to the prejudices and habits of the French Inhabitants who compose so large a proportion of the community, and every degree of caution should be

1 The first draft of the Constitutional Act of 1791. It is given in Shortt and Doughty, p. 667.

« AnkstesnisTęsti »