will complete an uninterrupted navigation for vessels of considerable burden from the upper Lakes to the line dividing that Province from Lower Canada; but at that point, the spirit of English enterprise encounters the influence of French domination; the vast designs of rendering the remotest of the inland seas accessible to vessels from the ocean is there frustrated by the anti-commercial policy of the French leaders; we look in vain to their proceedings for any manifestation of a desire to co-operate in the great work of public improvement, which animates, as with one spirit, the entire North American population of British descent; nor is their adverse disposition less visible in their opposition to other important designs; they either refuse to grant charters to carry into effect works of acknnowledged public utility, or, when after repeated and earnest applications charters are obtained, they are clogged with restrictions of an unusual character, in the hope of rendering them inoperative.

In all new countries the deficiency of capital proves a serious impediment to the exertions of the enterprising and industrious, and it would be among the first duties of a wise Legislature to invite the introduction of foreign capital, by the adoption of an equitable system of law, that would inspire confidence in personal and landed securities. In Lower Canada, from the absence of offices for the registration of real estate, and from the system of secret and general mortgages, not only is foreign capital excluded, but the Colony is impoverished by the withdrawal of funds for profitable and secure investment in other countries. In tracing the motive of resistance to a measure that more than any other would advance the public welfare, we again encounter the pernicious influence of French exclusiveness. A general distrust of the titles and securities of landed estate is suffered to exist, in order to prevent the acquisition of real property by emigrants from the British Isles.

This spirit of exclusiveness, which betrays itself in all the proceedings of the Assembly, disfigures even those measures which, it might reasonably be expected, would inspire sentiments of a more lofty and generous nature. Although the British Act' of the 14th Geo. III, which confirmed the right of the French Clergy to tithes, declared, most probably for that very reason, that the religious communities should not hold estates. They continue in the undisturbed possession of tracts of land, exceeding fifteen hundred square miles in extent, besides possessing property of great value in Quebec, Montreal, and elsewhere. In addition to the revenues derived from these possessions, the Assembly annually appropriate large sums of money out of the Provincial revenues for the support of those communities, and for the establishment of institutions rigidly and exclusively French, whilst to other institutions on a liberal foundation, affording relief to all, without distinction of origin or creed, a fair participation of legislative aid has been refused.

It is, to 'the great body of the people' thus characterised, that His Excellency the Earl of Gosford, the Representative of a British King, and the head of the Commission deputed to enquire into our complaints, has declared that all future appointments to office shall be made acceptable.

A legislative Council constituted on such a principle, would be but a counterpart of the Assembly; it might, and no doubt would, relieve the Executive from the odium of sanctioning the illegal appropriation of a part of the Provincial revenues, by the mere vote of the Assembly; but it would not prevent the same misapplication of the public funds being effected by bill, which is now accomplished by an Address to the head of the administration.

A Government thus conducted would forfeit all title to our confidence, would be regarded but as an instrument to secure the domination of a party, and the brief period of its duration would be marked by scenes of outrage, and by difficulties of no ordinary description.

The French leaders, if we are to credit their reiterated assertions, entertain an attachment so deep, so absorbing, for elective institutions, that 1No. XXV.

they would at once confer that important privilege to its fullest extent, without reference to previous habits, education, or political dissentions. How much of this ardour may have been called forth by a desire to estabiish French ascendency, and to depress British interests, may fairly be deduced from a review of their past proceedings. Without discussing the question of elective institutions, which, it is obvious, cannot be introduced to the extent demanded by the Assembly, under the existing political relations of the colony, which relations we are resolute to maintain, we distinctly aver, that we are not influenced by idle apprehensions of a Government of the people and for the people; but it must be emphatically a Govcrnment of the people', truly represented, and not a French faction; the Government of an educated and independent race, attached to the principles of civil and religious liberty, and not that of an uninformed population, striving for domination, and seeking to perpetuate in America, the institutions of feudal Europe.

To the people of the Sister Colonies we appeal, earnestly recommending the adoption of measures for assembling at some central point, a Congress of Deputies from all the Provinces of British North America. A British American Congress, possessing strength from union, and wisdom from counsel, by the irresistible weight of its moral influence, would supersede those other remedial measures which are the last resource of an insulted and oppressed community. On it would devolve the solemn duty calmly to deliberate on all matters affecting the common weal, and firmly to resist all attempts to invade the rights, or impair the interests of the United Provinces.

In submitting a brief recapitulation of the objects of the Constitutional Association, it may not be misplaced to offer a few observations explanatory of the position of parties in Lower Canada, and of the sentiments of the British population towards their fellow-subjects of French origin.

The moral guilt of exciting national hostility undoubtedly rests with the French leaders, who alone benefit by the distracted state of the country; but the facility with which the French peasantry have received these impressions, and the unanimity with which they support the aggressive policy of their leaders, render them, although less culpable, yet equally the determined opponents of our rights and liberties. Unhappily their want of education prevents a direct appeal being made, through the press, to their judgment; but those of their countrymen who are not blinded by the infatuation of party, who possess education to comprehend, and opportunity to make known, the sentiments of the British population, may be led to reflect upon the consequences that must result from their present delusion. Should the admonition be disregarded, on them let the responsibility rest.

The Province of Lower Canada, whether regarded as a part of the British Empire or of the great North American family, is evidently destined to receive the impress of national character from those States by which she is surrounded. An obstinate rejection of all measures, having for their aim the gradual removal of those peculiarities which distinguish the population of French origin, may retard, for a time, an inevitable event, but will certainly hasten the introduction of changes of a more abrupt and decisive character.

A dispassionate examination of the changes required by the British population, will satisfy all unprejudiced men, that they are adapted to the general interests of society, are liberal and comprehensive in their character, and unconnected with party objects.

To relieve landed estate from the servitudes and exactions of feudal law.

To introduce Registry Offices and put an end to the iniquitous frauds that grow out of the present system.

To promote works of public improvement.

To encourage agriculture and protect commerce.

To recognize an equality of rights among all classes.

To resist the domination of sect or party, and to establish a general

system of education, divested of sectarian tests.

These are our objects and our demands; they are based on truth, are essential to national prosperity and to individual security; they admit of no compromise, and from them we will not recede.

The threatening aspect of the times demands action; neutrality, the usual resource of ordinary minds, will not be attended by an immunity from danger; it must remain with the population of French origin to decide, whether, by continuing to support the leaders they have hitherto selected, they are to be regarded as hostile to our just claims, or, by uniting with their fellow-subjects of British origin, they will compel the introduction of salutary reforms, consign to their native insignificance the few individuals who alone profit by the present system of misrule, and by repudiating ancient prejudices and exclusive pretensions, place themselves in accordance with the spirit of the age.

To us, it is in one respect, a matter of indifference what their decision may be. The principles we espouse are identified with the happiness of the human race; they have taken root with our language in all quarters of the globe, and wherever that language is spoken, there shall we meet encouragement, and thence shall we derive force.

Although Lower Canada presents the strange spectable of a British Government bestowing its confidence on men who have openly avowed their hostility to England, and their desire to effect a separation from the Empire; although by the contrivance of that Government, the Provincial funds have been illegally applied to reward French agitators, to support French journals, and to pay French agents; yet do we feel the proud conviction that the energies of Britons will rise superior to the emergency, and that despite an unnatural coalition, the banners of our country will continue to wave over a British Province.

The voice of supplication has been unheeded amidst the insolent clamours of faction. United British America,assuming an attitude alike removed from menace or from fear, will proclaim her wrongs, assert her rights, and claim from the Imperial Parliament that interposition, which shall remove existing grounds of complaint, and carry with it a sufficient guarantee against future aggressions.

By order of the Executive Committee of the Montreal Constitutional Association.

CXXIII

GLENELG TO GOSFORD

[Trans. Christie, op. cit.]

Downing Street,

7th June, 1836.

My Lord, His Majesty having had under his consideration the Address of the House of General Assembly of Lower Canada', on the state of public affairs in that Province, has commanded me to convey to the House, through Your Lordship, the following answer:

"The King contemplates with deep regret the ill success of His Majesty's efforts to remove from the minds of the Representatives of the people of Lower Canada, those distrusts and jealousies with which they appear unfortunately to have been affected. Conscious, however, that His measures have been dictated by an earnest solicitude for the welfare of all classes of His Canadian Subjects, unmixed with any motive of a less just and liberal character, His Majesty awaits with tranquility the result of this long and painful discussion, assured that when the misconceptions of the moment shall have passed away, His labours for the prosperity of Lower Canada, will be repaid by the confidence of the inhabitants of that Province, of whatever class or national origin."

His Majesty is sustained and encouraged in these hopes by observing that the House of Assembly were led to grant the supplies only for six

1 No. CXX.

months, and to prefer their present complaints, apparently in consequence of the publication of some detached passages from my Despatch of the 17th of last July', on which passages the House have founded the remark "that the researches authorized by His Majesty for the purpose of ascertaining the means of doing justice to His Canadian Subjects, were on several of the most essential points, limited by pre-conceived opinions and anticipated decisions."

This supposition, even if it had received any countenance from the isolated extracts from my instructions to you and your colleagues in the Canada Commission, which were brought under the notice of the House of Assembly, would have been entirely removed if the House had been in possession of the whole of those instructions. They would have found not only that the general tenor of those Instructions favored an entire freedom of enquiry and judgment by the Commissioners, but that the most unequivocal language had been studiously employed for the express purpose of counteracting the opposite opinion. I know not how it would have been possible to have expressed His Majesty's gracious intentions in terms stronger or more unambiguous. In my Despatch of the 17th July last, I stated that, "although your duty as Commissioners would be exclusively to enquire, of that duty you were placed under no restrictions excepting such as the necessity of the case, or your own judgments might prescribe."

I concluded my instructions by disclaiming "the remotest intention of fettering your discretion, or of restricting in any degree the exercise of your own judgments, either as to the subjects of enquiry, or the opinions at which you may arrive." I observed that in the course of your investigation new topics would occur to you, and new views of topics already familiar would present themselves. "You will not," I added, "on any occasion, or for any reason, shrink from the explicit declaration of your sentiments. You will not decline any enquiry, the prosecution of which may promise benefit to the Colony or to the Mother Country."

If the whole of my despatch of the 17th July had been before the House of Assembly, they would have found in these and in other passages, a sufficient disproof of the supposition that your enquiry was limited by any pre-conceived opinions or anticipated decisions.

It is indeed true that, in approaching this subject, I recorded reasons which strongly enforce the closest possible adherence to the existing Constitution of Provincial Government. In every part of His extensive dominions, it has been the constant object of His Majesty to correct real abuses, and to introduce such improvements as the existing state of society, and the deliberate voice of Public opinion have appeared to demand. But to reconcile necessary changes with the stability of political and social institutions has been no less an object with His Majesty. At once to reform in the spirit of the Constitution, and to oppose changes conceived in a contrary spirit, is a duty which the King will never shrink from avowing his intention to fulfil.

In conformity with this rule you were directed to "apply yourselves to the investigation of this part of the general subject, endeavouring to ascertain how far the Legislative Council has really answered the original objects of its institution, and considering of what amendments it may be susceptable." You were also informed that when your "Report should have been received, His Majesty would take into his most serious consideration the questionss whether there are any amendments in the law on this subject, which it would be fit to propose for the consideration of the Imperial Legislature, and which, being founded on the principles and conceived in the spirit of the Act of 1791, may be calculated to render the practical operation of that statute more conformable to the wishes and intentions of its framers."

If it be enquired what definite meaning is to be attached to the terms which I have thus employed, I answer that the principle of the Constitution 1 See No. CXVIII.

of 1791 is, that there shall be two distinct and independent Houses of Legislature. Adhering to this general principle, it remains for your lordship and your colleagues, acting on the instructions addressed to you as Commissioners, to enquire how the most effectual means can be taken for securing such a Legislative Council as shall enjoy at once a due share of public confidence, and a full exercise of an enlightened and independent judgment on all matters submitted for its consideration.

The fears of some and the hopes of others, have placed a more narrow construction on the extracts of my Despatch of the 17th July. In disavowing that meaning I make no concession, but simply adhere to the views which I was honored by his Majesty's commands, to express before. Such as the intensions of His Majesty's confidential advisers were on this subject in July last, such they still continue.

The Address further advances a complaint connected with the Executive Government of Lower Canada, a complaint which does not find a place either in the 92 resolutions of 1834 or in any of the earlier Addresses or votes of the House of Assembly. The house now, however, state the necessity of establishing in the Province what is termed "a responsible and popular government.""

Understanding these expressions in their obvious sense, His Majesty is happy to declare that they do not advance beyond the principles by which it is His pleasure and command that the Executive Government of Lower Canada should be administered. It is His Majesty's desire and injunction that full and early explanations should be afforded to the Representatives of the people, of all important measures adopted by the government; that the Assembly should enjoy the most ample opportunity of explaining both to the King, himself, and to His Majesty's Representative, in the Province, their opinions and their wishes respecting every such measure; that the imputed misconduct of any public officer, with the exception of His Majesty's Representative, the Governor, who must be responsible directly to the King and the Imperial Parliament, should be closely and impartially investigated, that means should be devised for bringing to trial and punishment within the Province, itself, every such officer to whose charge any malversation in office may be laid; and that effectual security should be taken for the zealous co-operation of all subordinate officers in every measure advised by the Legislature and sanctioned by the King for the general welfare of His Majesty's subjects.

The Address of the Assembly calls upon His Majesty to recommend to Parliament the repeal of the British statute respecting the tenures of land in Lower Canada. If the House had been in possession of my Despatch of the 17th July, they would probably have waived this application. They would have been aware that the reluctance of the King, to recommend to Parliament any measure which could be plausibly represented as an unnecessary interference with the internal affairs of the Province, is the single obstacle to the introduction of a Bill on that subject.

The Address proceeds to demand the repeal of the Act and the revocation of the Charter under which the British North American Land Company is incorporated, and the resumption of the lands which have been sold to them. I shall not, I trust, be thought forgetful of what is due to the privileges and dignity of the House, if I do not shrink from the avowal of any opinion deliberately entertained by the Ministers of the Crown, though it be not in accordance with the sentiments of the Representatives of the Canadian people; I must, therefore, state that His Majesty's Government cannot proceed to the consideration of the questions raised by the Assembly respecting the British North American Land Company, unless it can first be established in due course of law that the claim of the Company to their corporate character and to their lands is invalid. No considerations however urgent, of temporary or apparent expediency, not even the desire to conciliate the good will of the Assembly of Lower Canada-than which no motive can be of greater weight,—could reconcile 1 See No. CXXI.

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