CHAPTER II.

For some years after the conquest, the form of government was purely

military. It was, indeed, only in 1774, that two Acts were passed by

the British government, one with the view of providing a revenue for

the civil government of the Province of Quebec, as the whole of Canada

was then termed, the other, called "The Quebec Act," defining the

boundaries of the Province, setting aside all the provisions of the

Royal proclamation, of 1763, and appointing a governing Council of not

more than twenty-three, nor less than seventeen persons. And whatever

may have been the motive for this almost unlooked for liberality on the

part of the mother country, it is not a little singular that only a

year later, England's great difficulty with her old colonies occurred.

The Parliament of Great Britain had imposed, without even consulting

the colonists, a tax for the defence and protection of the colonies, on

clayed sugar, indigo, coffee, &c., and the colonists resisted. The

American colonies contended that taxation and representation were

inseparable, and that having no voice in the administration of affairs,

they were free from any taxation, but that which was self-imposed, for

local purposes. So far, however, from paying any heed to the

remonstrances of the colonists, the Imperial Parliament became more

exacting and tyrannical. Not only were the necessaries of life taxed in

America, for the benefit of the red-tapists and other place-holders of

the Imperial government, but a stamp Act was passed through the

Imperial Parliament, ordaining that instruments of writing--bonds,

deeds, and notes--executed in the colonies, should be null and void,

unless executed upon paper stamped by the London Stamp Office. It was

then that a coffin, inscribed with the word "_Liberty_" was carried to

the grave, in Portsmouth, Massachusetts, and buried with military

honours! Had the views of Governor Pownall, of Massachusetts, with

regard to the representation of the colonies in the British Parliament,

been adopted, no umbrage could have been taken at the imposition of

taxes, because the colonies would have been open to civil and military

preferment in the state equally with the residents of the United

Kingdom. It was, and is, an unfortunate mistake to look upon colonists

with contempt. Colonists, more even than the inhabitants of old

countries, inhale a spirit of independence. Often, lords of all they

survey, they call no man lord. They are the pioneers of their own

fortunes. They make glad the wilderness. They produce more than they

themselves require. But Great Britain was, at the time of which we

speak, perfectly infatuated. On the 4th of Sept. of the very year in

which the Quebec Act was granted, 1774, a Continental Congress was

held, of which Peter Randolph, of Virginia, was President, to

sympathize with the people of Boston, on account of their disabilities,

by reason of the tea riot.[5] But such Congresses produced no effect in

England. On the contrary, Massachusetts was more rigorously punished,

and was prevented from fishing on the Banks of Newfoundland. Is it

wonderful that the battles of Lexington, Concord, and Bunker's Hill

followed? Is it wonderful that those who had assisted Wolfe in taking

Canada from the French, should have afterwards attempted to conquer

Canada for themselves? Is it wonderful that, on the 3rd of November,

1775, one of Washington's Brigadier Generals, Montgomery, should have

received the surrender of 500 regular British troops, at St. John's,

Canada East; the surrender of one hundred Canadians, of thirty-nine

pieces of cannon, of seven mortars, and of five hundred stand of arms?

Is it wonderful that Montreal, then so thinly inhabited and

indifferently garrisoned, should have capitulated, or that Quebec

should have been invested by Arnold, who sailed down the Chaudiere on

rafts, and by Montgomery, to whom Montreal had capitulated? It is only

wonderful that Quebec was successfully defended, and that General

Montgomery perished under her walls. Canada, notwithstanding the

temporary annexation of Montreal, was true to Great Britain, feeling

that whatever might have been the injustice of Britain to the old

Colonies, Canada had nothing then of which to complain. Indeed, the

attack upon the newly ceded province of Canada, was amongst the

earliest demonstrations of a disposition on the part of the old

Colonies to resort to violence. "The Quebec Act" was in itself a cause

of offence to them. On the 21st of October, 1774, the following

language was made use of by the Congress, in reference to that Act, in

an Address to the people of Great Britain:--"Nor can we suppress our

astonishment, that a British Parliament should ever consent to

establish in that country, a religion that has deluged your Island in

blood, and dispersed impiety, bigotry, persecution, murder, and

rebellion through every part of the world." And "That we think the

Legislature of Great Britain is not authorized by the Constitution to

establish a religion fraught with sanguinary and impious tenets." The

attack was of a two-fold nature. Both the sword and the pen were

brought into requisition. It was supposed by the discontented old

colonists, that the boundary of the lakes and rivers which emptied

themselves into the Gulf of St. Lawrence, and had formed the natural

barrier between two nations, until the peace of Paris, in 1763, when

Canada passed from the dominion of France to that of the British Crown,

formed no boundary to British rule, as the sway of the Anglo-Saxon race

was now fully established over the whole of the northern part of the

continent; and it was further supposed, that it was, therefore, proper

to detract, if possible, from the power of Great Britain, to harm the

revolutionary colonists on the great watery highway of the lakes and

rivers, or to prevent such a united force of Colonial and Provincial

inhabitants as might counterbalance, in a great measure, the

pertinacious loyalists who were to discountenance American appeals for

justice,--the warfare, before the declaration of American Independence,

being "neither against the throne nor the laws of England, but against

a reckless and oppressive ministry."[6] Efforts were, for such reasons,

made to obtain possession of the keys of the Lakes and of the St.

Lawrence at Quebec and Montreal. The old colonists were to make a war

of political propagandism on Canada and they resolved upon the

employment of both force and persuasion. Generals Montgomery, Arnold,

and Allen invaded Canada, and, to a certain point, with complete

success. After the successes of the two latter officers at Ticonderoga

and Crown Point, Arnold pushed on towards Quebec, through the

wilderness, and had ascended the heights of Abraham before Montgomery,

who had proceeded towards Quebec from Montreal, had arrived. Under

these circumstances, Arnold retired about twenty miles above Quebec, to

wait for Montgomery. Meanwhile, the Governor of Canada, Sir Guy

Carleton, had escaped, through Montgomery's army, in the dead of night,

in an open boat, rowed with muffled oars, and guided by Captain

Bouchette, of the Royal Navy, and was now safely lodged in the chief

fortress of America. On the 1st of December, Montgomery effected a

junction with Arnold, and the siege of Quebec was commenced, although

the besiegers were most indifferently provided with camp equipage, and

were poorly clad. Their cannon, too, was of so small a description, as

to be almost useless. The design evidently was to carry the town, which

was not then nearly as strongly fortified as now, and was only

garrisoned by a few troops, militia, and seamen, by assault, in the

full persuasion that the Canadians would be only most happy to be

identified with the American struggle for liberty, or by being neutral,

would show to the ministry of England the formidable animosity of a

united continent, by which the ends of the old colonists would be

gained, and the war nipped in its ripening bud.[7] This, Generals

Montgomery and Arnold were unable to do. The attempt was made on the

31st December, but signally failed. Arnold proceeded with one division

towards Sault-au-Matelot Street, by way of St. Roch's, and succeeded in

establishing himself in some houses at the eastern extremity of that

street, but being attacked in the rear, by a part of the garrison,

directed by General Carleton to make a sortie from Palace Gate, only

a remnant of the assailants, with considerable difficulty, managed

to get back to camp. Montgomery approached by the road under the Cape,

called Près-de-Ville, with another division, but was stoutly resisted,

and fell mortally wounded. After the attack, Montgomery's body was

found embedded in the snow, together with the bodies of his two

Aides-de-Camp, Captain McPherson and Captain Cheeseman. Arnold now

retired about three miles from Quebec, where he encamped during the

winter.

[5] People are sometimes in the habit of making light of a

tempest in a tea pot. This tea tempest was no laughing matter.

[6] See the Journal of Charles Carroll, of Carollton, published

by the Maryland Historical Society, Baltimore--page 6.

[7] U.S. Catholic Magazine, vol. 4, p. 251, and Brent's Biography

of Archbishop Carroll, p. 69.

On the 15th of February, 1776, the American Congress appointed Dr.

Benjamin Franklin, Samuel Chase, and Charles Carroll, of

Carrollton--the last mentioned gentleman being requested to prevail

upon his brother, the Revd. John Carroll, a Jesuit of distinguished

theological attainments, and celebrated for his amiable manners and

polished address, to accompany them--to proceed to Canada with the view

of representing to the Canadians that the Americans south of the St.

Lawrence, "had no apprehension that the French would take any part with

Great Britain; but that it was their interest, and, the Americans had

reason to believe, their inclination, to cultivate a friendly

intercourse with the colonies." They were to have religious freedom,

and have the power of self-government, while a free press was to be

established, to reform all abuses.[8] The Committee, or, more properly

speaking, the Commission, were, however, far from being successful in

their attempt to negotiate Canada into revolt. The clergy of Canada

could not be persuaded that, as Roman Catholics, they would be better

treated by the Revolutionary colonists than they had been under the

British government, after the expression of such sentiments as those

addressed to the people of Great Britain, on the 21st of October, 1774.

The Americans, uncouth in manners, were, in truth, most intolerant of

papacy. In the "Cradle of American Liberty," a dancing school was not

permitted. While in Boston a fencing school was allowed, there were no

musicians permitted to exist, and the anti-papal character of the

people was even more evident from the fact, that the first thing

printed in New England was the Freeman's Oath! the second an almanac;

and the third an edition of the psalms.

[8] It is not a little odd, that Franklin should have been a

member of this Committee, seeing that he was the very man who

urged upon the British Minister, in 1759, the expediency of

reducing Canada, as the most serious blow which could be

inflicted on French power in America.

On the day after the Reverend Mr. Carroll had failed in his part of the

mission, joined Dr. Franklin, and returned to the South, Chase and

Carroll of Carrollton had been busy with the military part of their

embassy. At a council of war held in Montreal, it was resolved to

fortify Jacques Cartier--the Richelieu Rapids, between Quebec and Three

Rivers--and to build six gondolas at Chambly, of a proper size to carry

heavy cannon, and to be under the direction of Arnold. But disasters

thickened around the insurgents. The small pox had broken out among the

troops, and was making deep inroads upon their scanty numbers. To crown

the whole, the worst news was received from the besiegers at Quebec,

for out of 1,900 men, there were not more than 1,000 fit for duty, all

the rest being invalids, chiefly afflicted with the small-pox. On the

5th of May, 1776, a council of war was held at Quebec, and it was

resolved to remove the invalids, artillery, batteaux, and stores higher

up the river; but, on the evening of that day, intelligence was

received in the American camp, that fifteen ships were within forty

leagues of Quebec, hastening up the river; and early next morning, five

of them hove in sight. General Thomas immediately gave orders to embark

the sick and the artillery in the batteaux, whilst the enemy began to

land their troops. About noon, a body of the British, a thousand

strong, formed into two divisions, in columns of six deep, and

supported with a train of six pieces of cannon, attacked the American

sentinels and main guard. The Americans stood for a moment on the

plains, with about 250 men and _one_ field piece only, when the order

for retreat was given, and the encampment was precipitately deserted.

In the confusion, all the cannon of the besiegers fell into the hands

of the British, and about 200 invalids were made prisoners. Following

the course of the river, the broken army of the Americans fled towards

Montreal, and halting for a while at Deschambault, finally retreated

along the St. Lawrence, until they made a stand at Sorel, with the view

to an "orderly retreat out of Canada."[9] By the 18th of June, the

British General, Burgoyne, was close behind Arnold, who now, with the

whole of the American army, had quitted Canadian soil, and was

proceeding somewhat rapidly up the Richelieu, into Lake Champlain.

[9] Carroll's visit to Canada, p. 27.

In the very year that Arnold retired from Quebec, on the 4th of July,

1776, the thirteen now confederated colonies, on the report of Thomas

Jefferson, John Adams, Benjamin Franklin, Roger Sherman, and Phillip

Livingston, dissolved their allegiance to the British Crown, declaring

themselves to be free and independent. The lions, sceptres, crowns, and

other paraphernalia of royalty were now rudely trampled on, in both

Boston and Virginia. Massachusetts, and, shortly afterwards, New York,

were, indeed, in the possession of rebels, commanded by Washington. It

was then that, in 1777, the execution of a plan of attacking the New

Englanders, by way of Canada, was entrusted to General Burgoyne, who,

with some thousands of troops, a powerful train of artillery, and

several tribes of Indians, proceeded down Lake Champlain, to cut

off the northern from the southern colonies of the rebellious

confederation. Burgoyne chased the American General St. Clair out of

Ticonderoga; hunted Schuyler to Saratoga; destroyed the American

flotilla on Lake Champlain; demolished bridges, and reduced forts. He,

nevertheless, met with a severe check at Bennington, Vermont. Being at

Fort Edward, he sent Colonel Baum, with a detachment of the army to

seize a magazine of stores at Bennington. When within a few miles of

that place, however, Baum learned that the Americans were strongly

entrenched. He, therefore, halted, and sent to Burgoyne for a

reinforcement. But the American General Stark, who had a large body of

Vermont Militia under his command, in addition to his ordinary New

Hampshire corps, now determined to be the assailant. With only 500

regulars and 100 Indians, Colonel Baum did not consider it prudent to

fight a body vastly superior in numbers, and he retreated. Assistance

reached him at this critical moment, which seemed to make a battle, if

not expedient, a point of honour. Unfortunately the sense of honour

prevailed, Baum gave battle, and was himself slain and his men

defeated, the British loss being 700 in killed and wounded, while that

of the Americans was only about 100. It was a pity that Baum had not

the moral courage to retire, even when reinforced, for his defeat much

embarrassed Burgoyne, and made an attempt at a general retreat even

necessary, as the courage of the enemy had so increased by the moral

effect of a victory, that Burgoyne was in danger of being surrounded by

the hordes of State Militiamen who, on all sides of him, were taking

the field. Burgoyne was, nevertheless, still on the advance, with the

main body of his army, and was approaching Saratoga, when he heard of

the defeat of Baum. Unwilling to retreat, and yet unable to advance, he

hesitated, but ultimately decided upon returning. That, however, was

now impossible. He had hardly turned his face towards the place from

whence he came, than he fell in with General Gates, losing about 600

men; and he had hardly realized his loss, when he learned that Fort

Edward, which stood between him and Canada, was in the possession of

the enemy. No avenue of escape appeared open, and this fine army from

Canada, consisting of five thousand seven hundred effective men, with

General Burgoyne at their head, laid down their arms to the American

General Gates, at Saratoga. Even according to the testimony of Lady

Harriet Ackland, Burgoyne, though sufficiently brave for anything, was

quite incompetent for command. He had neither resources nor strategy.

He knew neither what to do nor what he was doing. He neither knew when

to advance nor when to retreat. It was all haphazard with him. Through

his very stupidity an army was positively sacrificed. Lord Cornwallis,

afterwards, easily defeated Gates. And in the campaign of 1780,

Washington was himself in straits. His commissariat was wretchedly bad.

For days the medical department of his army had neither sugar, coffee,

tea, chocolate, wine, nor spirituous liquors of any kind; and the army

had not seen the shadow of money for five months. A junction cleverly

effected between the two British armies might have changed, or rather

checked the destinies of the Confederated Colonies. But, by the

awkwardness, carelessness, and want of prudence of Burgoyne, in the

first place, Cornwallis got also hemmed in, being intercepted on one

side by the French fleet, and on the other by the army commanded by

Washington, and he capitulated after his defeat at Yorktown, in

September, 1781. Had a line of communication northward been maintained

for the British army, even seven thousand men might have escaped the

blockade of the sixteen thousand militia, under Washington, to whom the

conqueror of Charleston was compelled, by the fortune of war, to

present his sword. The stupidity of the British Generals, combined with

the previous stupidity of the Imperial administrations, led to the

evacuation of those colonies by Great Britain, to which she was in a

great measure indebted for the acquisition of Port Royal and Louisbourg

in Nova Scotia, and for Niagara, Frontenac, Montreal, and Quebec in

Canada. The prediction of Montcalm had come to pass. The United States

were independent. But, however much the war in America, between Great

Britain and her own old colonies, had temporarily interfered with, it

had paved the way for a more extended, commerce in Canada. There were

men in New England who would not, on any account, be rebels. Many of

these, with their families, sought an asylum in Canada, and the

advancement of the Far West, on the British side of the lines, is, in

no small degree, to be attributed to the integrity and energy of those

highly honourable men. Canada was then entirely, or almost entirely,

under military rule. It could not well be otherwise. The necessities of

the times required unity of action. There was no room for party

squabbling, nor were there numbers sufficient to squabble. The

province, the population of which did not extend beyond Detroit, a mere

Indian trading post, and beyond which it was expected civilisation

could not be extended for ages, was divided into two sections, the

western and the eastern. Sir Guy Carleton, afterwards Lord Dorchester,

had divided all west of the monument of St. Regis into four districts,

after the manner of ancient Gaul, which he termed Lunenburg,

Mecklenburg, Nassau, and Hesse; and the Seminary of Quebec had cut up

the eastern section into parishes, distinguished by cross roads. In the

lower section of the province, the _bonnets rouges_ and _bonnets bleus_

were on the increase, but the increase was like that of the frogs: it

was multiplying in the same puddle, with the same unchanging and

unchangeable habits. The peaweeting, the whistling, the purring, and

the whizzing, were only the louder, as the inhabitants became more

numerous. There was no idea of change of any kind. Language, manners,

and knowledge were the same as they ever had been: only the pomp of the

church had succeeded to the pomp and circumstance of war. There was no

more industry, no more energy, no more scientific cravings, and no

earnest pursuit of wealth. All was contentment. Even by the

authorities, no desire to awaken the Franco-Canadian from his slumber,

was entertained. On the contrary, the restless United Empire loyalists

were to be separated from them. The isolation of Lower Canada from the

rest of the world was to be as complete as possible.

Not very long after the declaration of American Independence, Canada

was divided, by Act of the Imperial Parliament, into two distinct

provinces, called Upper Canada and Lower Canada. Mr. Adam Lymburner, a

merchant of Quebec, not being particularly anxious for isolation,

appeared at the bar of the House of Commons on behalf of himself and

others. He was against the separation. The united province was not even

in a condition to maintain a good system of government. Oppressed by

the tyranny of officials, industry and improvement had been neglected,

and a state of languor and depression prevailed. The public buildings

were even falling into a state of ruin and decay. There was not a Court

House in the province, nor a sufficient prison nor house of correction.

Nor was there a school house between Tadousac and Niagara. The country

upon the Great Lakes was a wilderness. Lymburner did not, however,

prevail. The British government desired to put the United Empire

loyalists upon the same footing with regard to constitutional

government as they had previously enjoyed before the independence of

the United States in that country, a condition about which a certain

class of merchants in Quebec have always been indifferent. Lord

Dorchester was appointed Governor-in-Chief in Canada, and administrator

in Lower Canada, while General Simcoe was named Lieutenant Governor of

Upper Canada. General Simcoe selected for his capital Niagara,[10] and

resided there at Navy Hall. On the site of Toronto, in 1793, there was

a solitary wigwam. That tongue of land called the peninsula, which is

the protection wall of the harbour, was the resort only of wildfowl.

The margin of the lake was lined with nothing else but dense and

trackless forests. Two families of Massassagas had squatted somewhere

in the neighbourhood of the present St. Lawrence Hall when General

Simcoe removed to little York with his canvass palace, and drew around

him the incipient features of a Court. The progress in material

improvement in this country may be guessed at from the then condition

and the present state and appearance of Toronto. The revenue of the

country between 1775, and 1778, was not over £10,000. The salary of the

Governor-in-Chief was only £2,500.

[10] Then called Newark.

During the American War, the Canadians, though they exhibited no signs

of disaffection to Great Britain, did not ardently lend a helping hand

against the enemy. Being appealed to by Middleton, the President of the

Provisional Congress of Rebel States,--who told them that their Judges

and Legislative Council were dependent on the Governor, and their

Governor himself on the servant of the Crown in Great Britain; that the

executive, legislative, and judging powers were all moved by nods from

the Court of St. James; and that the Confederated States would receive

their ancient and brave enemies on terms of equality--the Canadians

stood firm in their new allegiance. It is more than probable, indeed,

that the bombastic state paper never reached the ears of those for whom

it was intended. There was no press in Canada at that period, and only

one newspaper, the "Quebec Gazette," established by one Gilmore, in

1764. Unable, as the majority of the French were, to read their own

language, it was not to be expected that they could read English. Still

less is it to be supposed that His Excellency Lord Dorchester

circulated it in French. Lord Dorchester was exceedingly prudent in his

administration of affairs, and,--unlike Governor Murray, who, by the

way, was succeeded in the administration of the Government by Paulus

Æmilius Irving, Esquire, with Brigadier General Carleton for Lieutenant

Governor, obtained the affection of one race and the resentment of the

other,--conciliated both races. His lordship, in one of his speeches

"from the throne," tells us that he "eschewed political hypocrisy,

which renders people the instruments of their own misery and

destruction." There was, in truth, no Parliament, in the proper sense

of the term, then. Such artifices as are now necessary for good

legislation, had not therefore to be resorted to.

On the political separation of the two sections of Canada, it was

agreed that Lower Canada should be permitted to levy the duties on

imports. Of all imports, Lower Canada was to receive seven-eighths, and

Upper Canada one eighth, and the revenue for the year following the

separation was £24,000, including £1,205, the proportion of the duties

belonging to Upper Canada. In those days, a week was consumed in the

transport of the mail from Burlington in Vermont, via Montreal, to

Quebec; but yet there must have been wonderful progress from Governor

Murray's time,--during which a Mr. Walker, of Montreal, having caused

the military much displeasure, by the imprisonment of a captain for

some offence, was assailed by a number of assassins of respectability,

with blackened faces, who entered his house at night, cut off his right

ear, slashed him across the forehead with a sword, and attempted and

would have succeeded in cutting his throat, but for his most manly and

determined resistance--for on surrendering the government of Lower

Canada into the hands of General Prescott, previously to going home to

England, in the frigate "Active," in which he was afterwards wrecked on

Anticosti, he was lauded in a most obsequious address, by the

inhabitants both of Quebec and Montreal, the latter place then

numbering a little more than 7,000 inhabitants, for his "auspicious

administration of affairs, the happiness and prosperity of the province

having increased in a degree almost unequalled." General Prescott, not

long after Lord Dorchester's return home, in a frigate from Halifax,

after the wreck of the "Active," was raised to the Governor

Generalship. During the three years of this Governor's rule, nothing,

politically or otherwise, important occurred in Canada. Great Britain

was successfully engaged in war with both France and Spain, and in the

former country a revolution had occurred which preceded one of the most

terrible periods on the page of history. In Quebec, a madman named

McLane, a native of Rhode Island, fancying himself to be a French

General, conceived the project of upsetting British authority in

Canada. He intended, with the co-operation of the French Canadians, to

make a rush upon the garrison of Quebec. His imaginary followers were

to be armed with spears, and he dreamed of distributing laudanum to the

troops. Unfortunately for himself, he made known his plans to all and

sundry, and was rewarded for his indiscretion by being hanged on

Gallows Hill, as an example to other fools.

The next Governor of Lower Canada was Robert S. Milnes, Esquire. Under

his sway, something akin to public opinion sprang up. So soon as the

last of the Jesuits had been gathered to his fathers, it was the

purpose of the Imperial government to seize upon the estates of "The

Order." Mr. Young, one of the Executive Council, had, however, no

sooner informed the House of Assembly that His Excellency had given

orders to take possession of these estates as the property of George

the Third, than the House went into Committee and expressed a desire to

investigate the pretensions or claims which the province might have on

the college of Quebec. The Governor was quite willing to suffer the

Assembly to have copies of all documents, deeds, and titles having

reference to the estates, if insisted upon, but considered it scarcely

consistent with the respect which the Commons of Canada had ever

manifested towards their sovereign, to press the matter, as the Privy

Council had issued an order to take the whole property into the hands

of the Crown. The House considered His Excellency's reply, and

postponed the inquiry into the rights and pretensions alluded to. The

next thing which this slightly independently disposed Assembly

undertook, was the expulsion of one of its members, a Mr. Bouc, who had

been convicted of a conspiracy to defraud a person named Drouin, with

whom he had had some commercial transactions, of a considerable sum of

money. He was heard by Counsel at the Bar of the House, but was

believed to have been justly convicted, and was expelled. Again and

again he was re-elected, and as often was he expelled, and at last he

was, by special Act of Parliament, disqualified. Whether or not he was

the object of unjust persecution by the government, the moral effect

upon the country of the expulsion and disqualification of a person in

the position of Mr. Bouc, cannot be doubted. The number of bills passed

during a parliamentary session in those days, was not considerable.

Five, six, or eight appear to have been the average. The income of the

province was about £20,000, and the expenditure about £39,000. Under

such circumstances, corruption was nearly impossible.

In the next session of parliament an attempt was made to establish free

schools, and the Royal Institution, for the advancement of learning was

founded. Nor was this all, an Act was passed for the demolition of the

walls that encircled Montreal, on the plea that such demolition was

necessary to the salubrity, convenience and embellishment of the city.

They were thrown down, and in seventeen years after it was impossible

to have shown where they stood. The parliament did more. At the

dictation of the Governor, it assigned three townships for the benefit

of the officers, non-commissioned officers, and privates, who had

served during the blockade of Quebec, in 1775-6. Field officers were to

be entitled to 1,000 acres; captains to 700 acres, lieutenants and

ensigns to 500 acres, and non-commissioned officers and privates to 400

acres each. Still another bill, of no mean importance, was carried

through the three branches of the Legislature, the second branch being

positively a House of Lords, composed, as it was, of Lord Chief

Justices and Lord Bishops,--the mind, capacity, and education of the

country. No picture of the legislature of this time can be made. There

were no reporters nor any publication of debates. Newspapers were in

their infancy. Radicalism had not got hold of its fulcrum, and the

lever of public opinion was, consequently useless. Nay, in

anticipation, as it were, of the unruliness that afterwards exhibited

itself, the Governor, now Sir Robert Milnes, recommended the culture of

hemp in the province, and the Assembly voted £1,200 for the experiment.

An Agricultural Bureau, of which the Governor was himself the

President, was established, but the cultivation of hemp was not more

agreeable to the farmer of Lower Canada then than it is now. The

experiment did not succeed. Jean Baptiste would raise wheat, which he

knew would pay, and would not raise hemp, which might or might not pay.

He was a practical, not a theoretical farmer. Like the "regular"

physicians of every period, and in every country, he practised

_secundum artem_, and eschewed dangerous theories and unprofitable

innovations.

About this period, 1802, land jobbing began. Vast grants of territory

were made to favourites and speculators, only to lie waste, unless

improved by the squatter. To obtain a princely inheritance, it was only

necessary to have a princely acquaintance with the government, and, in

some cases, the Governor's servants. Land was not put up to public

competition, but handsomely bestowed upon the needy and penniless Court

attendant. A Governor's Secretary, a Judge's nephew, or some Clerk of

Records was entitled to at least a thousand acres; the Governor's cook

to 700 arpents. There was no stint, and no income or land tax.

In 1803, Parliament "better regulated" the militia; the revenue had

increased to £31,000; the expenditure had increased to £37,000, and the

two Governors' salaries to £6,000; war re-broke out with France; the

feeling of loyalty throughout the province was enthusiastic; and offers

to raise volunteer corps were freely made.

During the next Session of Parliament, measures of some importance

occupied the attention of the Legislature. A bill was passed, making

provision for the relief of the insane and for the support of

foundlings. In all thirteen bills were passed, and the revenue had

increased one thousand pounds. It was the last session of the third

Parliament. In July the election of members for the fourth Parliament

took place. They were conducted, on the whole, quietly, but were,

nevertheless, vigorously contested. Strong party feeling did not then

run high, and there were no prejudices against persons of respectable

standing in society, whatever might be their origin. Quebec had four

representatives, two of whom were of French extraction and two,

apparently of Scottish descent. Montreal was similarly represented. If

there were as representatives of Quebec a Grant and a Panet, a Young

and a De Salaberry, Montreal was represented by a Richardson and a

Mondelet, a McGill and a Chaboillez. The Parliament was convened for

the despatch of business on the 9th, and having disposed of some

contested elections proceeded energetically to work. The idea of a

Canal to overcome the difficulties of the Lachine Rapids or Sault St.

Louis suggested itself; and the consideration of the expediency of its

construction engaged the attention of the House. The construction of a

canal was not considered within the means of the province, and a sum of

only £1,000 pounds was voted for the removal of impediments in the

rapids. A Seigniorial Tenure Bill, not dissimilar in character to that

which so very recently has become law, was introduced, but fell

through. The Gaols Act, imposing a duty of two and a half per cent on

imports, for the erection of common gaols at Quebec and Montreal, was

adopted. The trade was dissatisfied, and, as has been too frequently

the case, when the merchants of this province have been dissatisfied

with the Acts of a Legislature, of whose acts, unless in so far as

their own business interests have been concerned, they have been

altogether indifferent, the trade petitioned the Imperial authorities

against the Act, representing with all the force of which they were

capable, the serious injury inflicted by it upon bohea, souchong,

hyson, spirits, wane, and molasses. The gaols were, however, built,

without direct taxation having been resorted to. Another act of very

considerable importance became law: that for the better regulation of

pilots and shipping, and for the improvement of the navigation of the

River St. Lawrence between Montreal and the sea. By this Act the

Trinity Houses were established, the abolition of which has lately

engaged the serious attention of the Hon. William Hamilton Merritt. The

fourth Parliament, like its predecessors, possessed within itself, some

men of enterprize, energy, and independence. However willing it might

have been to treat the Governor with respectful consideration, there

was no disposition in it to become a mere tool in the hands of those

who took upon themselves to guide His Excellency. They conceived that

they had the power of appropriating the revenue, of voting the

supplies, and of paying their own officers such salaries as they

pleased. The French Translator to the Assembly having applied for an

increase of salary, it occurred to the Assembly that the translator,

Mr. P. E. Desbarats, was a very efficient officer and worthy man, and

that it was within their province to pay him such a sum as they

estimated his services to be worth. But they did not arbitrarily do

that which it seemed to them they might have done. With extreme

courtesy, they addressed the Governor, begging that His Excellency

would make such addition to the salary of this officer as to His

Excellency might seem fit. So far, however, from complying with a very

reasonable request, Sir Robert regretted the absence of some

observances, the nature of which was never ascertained, and felt

compelled to resist a precedent which might lead to injurious

consequences. The Assembly were staggered. With very considerable

reason they were offended at the Executive, who pretended to the right

of money grants in the Assembly. The House went into committee, by a

majority of one, and were about to consider His Excellency's

considerate message, when the Gentleman Usher of the Black Rod

appearing at the Bar, commanded the attendance of the Commons at the

Bar of the Upper House, where His Excellency, somewhat bombastically

prorogued the Parliament. About to return to England, he was perfectly

indifferent to the censure of the Commons of Canada. He cared nothing

for the effect of a _coup d'etat_. He never dreamed of the possibility

of a misunderstanding between a Governor and his Legislature. It was

the first of the kind that he had known, and it was a duty which he

owed to his sovereign to nip it in the bud. Sir Robert, Mr. Christie

says, was not a popular Governor. Had that been his only misfortune, it

would have been well. He was, evidently, something worse, in being only

that which might emphatically be expressed in a single word. A few

grains of common sense in one or two Governors of colonies would have

saved England some millions of pounds. Sir Robert Shore Milnes having

ruled, or having been ruled, for a period of six years, set sail for

England, on the 5th of August, in H.M.S. Uranie, leaving Mr. Dunn, the

Senior Executive Councillor of Canada, to administer the government.

Lower Canada, however politically insignificant, with only some £47,000

of revenue, was yet gradually rising into something like commercial

importance. In the course of 1805, one hundred and forty-six merchant

vessels had been loaded at Quebec, and another newspaper, the _Quebec

Mercury_, still existing, and published in the English language, was

established by Mr. Thomas Cary. Montreal, only second in commercial

importance to Quebec, had also its newspapers, and already began to

exhibit that energy for which it is now preeminently conspicuous.

Toronto, the present "Queen City of the West," was yet only surrounded

by the primeval forest, and thirty years later could boast of but four

thousand inhabitants, although, in 1822, "Muddy Little York" was not a

little proud of its "Upper Canada Gazette," and Niagara of its

"Spectator." Kingston had only twenty wooden houses, while Detroit was

the residence of but a dozen French families. Upper Canada, indeed,

contained scarcely a cultivated farm, or even a white inhabitant, sixty

or seventy years ago.

Allusion has already been made to the division of Canada into two

provinces. A more particular allusion to that circumstance will not be

out of place. Already, General Simcoe, the Hon. Peter Russell, and

Lieut. General Hunter have ruled over the Upper, and not the least

interesting of the two provinces. The object of the separation may have

been to keep the Lower Province French as long as possible, to prevent

the consummation devoutly anticipated by Montcalm, and the Duc de

Choiseul, and to raise up a conservative English colony in the Far

West, to counteract the growing power of the now United States. By the

Union, constitutions very distantly related to the British constitution

were conferred upon the two provinces. The 31st Act of George the Third

constituted a Legislative Council and Legislative Assembly for each

province. The Council was to be composed of at least seven members,

appointed by writ of summons, issued pursuant to a mandamus under the

sign manual of the Sovereign. The tenure of appointment was for life,

to be forfeited for treason or vacated by swearing allegiance to a

foreign power, or by two years continual absence from the province

without the Governor's permission, or four years of such absence

without permission of the Sovereign. The King could grant hereditary

titles of honor, rank or dignity. The Speaker of the Council was to be

appointed by the Sovereign or his representative. The Assembly was to

be elected by persons over twenty one years of age, subjects of the

British Crown, by birth or naturalization, possessing property of the

yearly value of forty shillings sterling, over and above all rents and

charges, or paying rent at the rate of ten pounds sterling per annum.

Here were, undoubtedly, three legislative branches; but as the

Legislative Assembly could, at the most, only be composed of thirty

members, many of whom would be half pay officers, the Crown, through

its representative, had a direct and overwhelming preponderance. Yet,

however unsuited such a Parliament would be for the present time,

however uncongenial it might have been to the feelings of a Cobbett or

Hunt-man, escaped from Spa Felds ten or twenty years afterwards, it

undoubtedly well represented the conservative, semi-despotic feelings

of the military settler, or United Empire loyalist, a kind of

privileged being, whose very descendants were entitled to a free grant

of two hundred acres of land. When the Separation Act was before the

British Parliament, the public mind in England was to some not

altogether inconsiderable extent contaminated by the spurious

liberty-feeling of the French Revolution, and by the consequences of

the American strike for independence. "The Rights of Man," as

enunciated by Paine, had infected many among the lower orders in

society, and not a few among the higher orders. Edmund Burke, Mr.

Chancellor Pitt, and Charles Fox, were members of the British

Parliament. By the Act, a provision for a Protestant Clergy, in both

divisions of the province, was made, in addition to an allotment of

lands already granted. The tenures in Lower Canada, which had been the

subject of dispute, were to be settled by the local legislature. In

Upper Canada the tenures were to be in free and common soccage. No

taxes were to be imposed by the Imperial Parliament, unless such as

were necessary for the regulation of trade and commerce, to be levied

and to be disposed of by the legislature of each division of the former

Province of Quebec. On the 9th of April, 1791, the Separation Bill was

somewhat unexpectedly offered for the acceptance of the House of

Commons. Mr. Fox declared that he had not had time to read it, and felt

unwilling to express an opinion upon its merits. On a motion by Mr.

Hussey, "that the Bill be recommitted," Mr. Fox, however, remarked,

that many clauses were unexceptionable. The number of representatives,

in his opinion, were not sufficient. An assembly to consist of 16 or 30

members seemed to him to give a free constitution in appearance, while,

in fact, such a constitution was withheld. The goodness of a bill,

making the duration of Parliaments seven years, unless dissolved

previously by the Governor, might be considered doubtful. In Great

Britain, general elections were attended with inconveniences, but in

Canada, where, for many years, elections were not likely to be attended

with the consequences which ministers dreaded, he could not conceive

why they should make such assemblies, not annual or triennial, but

septennial. In a new country the representatives of the people would,

for the most part, be persons engaged in trade, who might be unable to

attend Parliament for seven consecutive years. The qualifications

necessary for electors in towns and counties were much too high. It

seemed to him that ministers intended to prevent the introduction of

popular government into Canada. While the number of the members of the

Assembly were limited, the numbers of the Council, although they could

not be less than seven members, were unlimited. He saw nothing so good

in hereditary powers or honours as to justify their introduction into a

country where they were unknown. They tended rather to make a good

constitution worse, than better. If a Council were wholly hereditary,

it could only be the tool of the King and the Governor, as the Governor

himself would only be the tool of the King. The accumulation of power,

confirmed by wealth, would be a perpetual source of oppression and

neglect to the mass of mankind. He did not understand the provision

made by the Bill for the Protestant clergy. By Protestant clergy, he

understood not only the clergy of the Church of England, but all

descriptions of Protestants. He totally disapproved of the clause which

enacted that, "whenever the King shall make grants of lands, one

seventh part of those lands shall be appropriated to the Protestant

Clergy." In all grants of lands made to Catholics, and a majority of

the inhabitants of Canada were of that persuasion, one seventh part of

those grants was to be appropriated to the Protestant clergy, although

they might not have any congregation to instruct, nor any cure of

souls. If the Protestant clergy of Canada were all of the Church of

England, he would not be reconciled to the measure, but the greatest

part of the Protestant clergy in Canada were Protestant dissenters, and

to them one seventh part of all the lands in the province was to be

granted. A provision of that kind, in his opinion, would rather tend to

corrupt than to benefit the Protestant clergy of Canada. The Bill,

while it stated that one seventh of the land of Canada should be

reserved for the maintenance of a Protestant clergy, did not state how

the land so set aside should be applied. With regard to the Bill, as it

related to the regulation of Appeals, he was not satisfied. Suitors

were, in the first instance, to carry their complaints before the

Courts of Common Law in Canada, to appeal, if dissatisfied, to the

Governor and Council, to appeal from their decision to the King in

Council, and to appeal from His Majesty's decision to the House of

Lords. If the Lords were a better Court of Appeal than the King, the

Lords ought to be at once appealed to. By such a plan of appealing,

lawsuits would be rendered exceedingly expensive, and exceedingly

vexatious. He did not like the division of the Province. It seemed to

him inexpedient to distinguish between the English and French

inhabitants of the province. It was desirable that they should unite

and coalesce, and that such distinctions of the people should be

extinguished for ever, so that the English laws might soon universally

prevail throughout Canada, not from force but from choice, and a

conviction of their superiority. The inhabitants of Lower Canada had

not the laws of France. The commercial code of laws of the French

nation had never been given to them. They stood upon the exceedingly

inconvenient "_Coutume de Paris_." Canada, unlike the West Indies, was

a growing country. It did not consist of only a few white inhabitants

and a large number of slaves. It was a country increasing in

population, likely still more to increase, and capable of enjoying as

much political freedom, in its utmost extent, as any other country on

the face of the globe. It was situated near a country ready to receive,

with open arms, into a participation of her democratic privileges,

every person belonging to Great Britain. It was material that a colony,

capable of freedom, and capable of a great increase of people, should

have nothing to look to among their neighbours to excite their envy.

Canada should be preserved to Great Britain by the choice of her

inhabitants, and there was nothing else to look to. The Legislative

Councils ought to be totally free, and repeatedly chosen, in a manner

as much independent of the Governor as the nature of a colony would

admit. He was perfectly desirous of establishing a permanent provision

for the clergy, but could not think of making for them a provision so

considerable as was unknown in any country of Europe, where the species

of religion to be provided for prevailed.

It is impossible to do other than admire the farsightedness of that

great statesman, Charles Fox, with his blue coat and yellow waistcoat,

in this manly, sensible, and telling address. Time has nearly brought

round the state of things that he desired to see, and if disembodied

spirits can take an interest in things earthly, it will be no small

addition to his present state of bliss to discover almost the

realization of suggestions made sixty years ago, before the Browns of

this period were conceived, and while the Rolphs were puling infants.

Mr. Chancellor Pitt did not join issue with Mr. Fox, but did not

consider it expedient to flash legislative freedom upon a people. He

thought that if the Assembly were not rightly consolidated by the Bill,

little harm was done, because there was nothing to hinder the

Parliament of Great Britain from correcting any point which might

hereafter appear to want correction. He did not like the elective

principle of democratic governments, and with respect to the land

appropriated to the clergy, like every thing else provided by the bill,

it was subject to revision. Where land had been given in commutation of

tithes, the proportion of one seventh had grown into an established

custom. The Bill was re-committed. Next day the clauses of the Bill

being put, paragraph by paragraph, Mr. Burke eloquently defended its

provisions, ridiculed the "Rights of Man," and almost extinguished the

light of the new lantern, which exhibited in the academies of Paris and

the club-rooms of London, the constitutions of America and France as so

much superior to that of Great Britain. The distinguished orator was

certainly more declamatory than argumentative, and he was repeatedly

called to order. It was alleged that Mr. Burke had no right to abuse

the governments of France and America, as the "Quebec Bill" only was

before the House. Nay, there was something like a scene. Mr. Burke

complained of having been deserted by those, with whom he formerly

acted, in his old age, and Mr. Fox, with tears in his eyes and strong

emotion, declared that he would esteem and venerate Burke to the end of

time. The same cries of "order," "order," "chair," "chair," "go on,"

"go on," that are heard in our most tumultuous debates, in the

Assembly, were frequent in the course of the debate, and Mr. Burke was

unable, on account of the tumult, to proceed with his account of "the

horrible and nefarious consequences flowing from the French idea of the

rights of man." The debating continued for a number of days, and the

Bill was read a third time on the 18th of May. When the report of the

Bill in Committee was brought up, on the 16th of May, the House divided

upon an amendment by Mr. Fox, to leave out the clause of hereditary

nobility, which amendment was lost by an adverse majority of

forty-nine. It was then moved, in amendment to the Bill, by Mr.

Chancellor Pitt, that the number of representatives in the Assemblies

should be fifty instead of thirty, but that motion was also lost by an

adverse majority of fifty-one.

The government of Upper Canada was assumed by General Simcoe, on the

8th of July, 1792. He carried out with him to Upper Canada the Act

constituting it into a province, and on the 18th of September he was

enabled to meet his Parliament. The capital of the Province was at

Newark, now Niagara. The seat of Government, according to the Duke de

la Rochefoucault Liancourt, who visited it in 1795, consisted of about

a hundred houses, "mostly very fine structures." Governor Simcoe

apparently did not occupy one of them, but a "miserable wooden

house,"--formerly occupied by the Commissaries, who resided there on

account of the navigation of the lake,--his guard consisting of four

soldiers, who every morning came from the fort, to which they returned

in the evening. It is difficult even to guess at the appearance of the

Parliament building. Assuredly it did not require to be of great size.

When the time arrived for opening the Session, only two, instead of

seven members of the Legislative Council were present. No Chief Justice

appeared to fill the office of Speaker of the Council. Instead of

sixteen members of the Legislative Assembly, five only attended. What

was still more embarrassing, no more could be collected. The House was,

nevertheless, opened. A guard of honour, consisting of fifty soldiers

from the fort, were in attendance. Dressed in silk, Governor Simcoe

entered the hall, with his hat on his head, attended by his Adjutant

and two Secretaries. The two members of the Council gave notice of his

presence in the Upper House to the Legislative Assembly, and the five

members of the latter having appeared at the Bar of the two Lords, His

Excellency read his speech from the throne. He informed the honorable

gentlemen of the Legislative Council and the gentlemen of the House of

Assembly, that he had summoned them together under the authority of an

Act of Parliament of Great Britain, which had established the British

constitution, and all that secured and maintained it to Upper Canada;

that the wisdom and beneficence of the sovereign had been eminently

proved by many provisions in the memorable Act of Separation, which

would extend to the remotest posterity the invaluable blessings of that

constitution; that great and momentous trusts and duties had been

committed to the representatives of the province, infinitely beyond

whatever had distinguished any other British Colony; that they were

called upon to exercise, with due deliberation and foresight, various

offices of civil administration, with a view of laying the foundation

of that union of industry and wealth, of commerce and power, which may

last through all succeeding ages; that the natural advantages of the

new province were inferior to none on this side of the Atlantic; that

the British government had paved the way for its speedy colonization;

and that a numerous and agricultural people would speedily take

possession of the soil and climate. To this speech the replies of the

Council and Assembly were but an echo. The seven gentlemen legislators

proceeded actively to business. An Act was passed to repeal the Quebec

Act, and to introduce the English law as the rule of decision in all

matters of controversy relative to property and civil right; an Act to

establish trials by jury; an Act to abolish the summary proceedings of

the Court of Common Pleas in actions under ten pounds sterling; an Act

to prevent accidents by fire; an Act for the more easy recovery of

small debts; an Act to regulate the tolls to be taken in mills (not

more than a twelfth for grinding and bolting); and an Act for building

a Gaol and Court House in every district within the province, and for

altering the names of the said districts, the district of Lunenburg to

be called the Eastern District; that of Mecklenburg, the Midland

District; that of Nassau, the Home District; and that of Hesse, the

Western District.

Parliament was about a month in session, when it was prorogued by His

Excellency. On the 15th of October he gave the assent of the Crown to

the Bills passed, and in the prorogation speech, made on the same day,

he intimated his intention of taking such measures as he deemed prudent

to reserve to the Crown, for the public benefit, a seventh of all lands

granted or to be granted; and he begged the popular representatives to

explain to their constituents, that the province was singularly blest

with a constitution the very image and transcript of the British

Constitution! There being only thirty thousand inhabitants in the whole

province, small as the Parliament was, the people, if not fairly, were

at least sufficiently represented. It is somewhat doubtful,

nevertheless, that a constitution which gave only a quasi-sovereign to

Upper Canada, neither directly, nor, as the Governors of Canada now

are, indirectly responsible to the people, could have been the very

image and transcript of the British Constitution. There was a misty

resemblance to that celebrated and unwritten form of government, in the

erection of three estates--King, Lords, and Commons--and no more. But,

as it is sometimes expedient to be thankful for small favors, it may

have appeared to Governor Simcoe that the new constitution of the

colony was superior to that of England before _magna charta_.

Undoubtedly the Governor was an honest man, a good soldier, a prudent

ruler, liberally educated, and of considerable mental capacity. He

appears to have been a member of the Imperial Parliament at the time of

the passage of the Separation Act, for when the report of the Bill was

brought up in the Commons, on the 16th of May, 1791, it appears by the

debate, that a Colonel Simcoe spoke in favor of the adoption of the

report, pronounced a panegyric on the British Constitution, and wished

it to be adopted in the present instance, as far as circumstances would

admit. Aware of the advantages which such a colony as Upper Canada, if

it attained perfection, might bring to the mother country, he accepted

the government of a mere wilderness, to adopt means adequate for that

purpose. Independent in means, high in rank, possessed of large and

beautiful estates in England, Governor Simcoe, in the opinion of the

Duke de la Rochefoucault Liancourt, could have had no motive of

personal aggrandizement in view when he accepted the government of

Upper Canada. The General, however, loathed the Americans of the United

States. He had been with Burgoyne. He had tasted of that officer's

humiliation. It was impossible for General Simcoe to speak of the

"rebels" calmly. A zealous promoter of the American war, as well as

participator in it, the calamitous issue of that unfortunate and most

deplorable struggle increased the intensity of his bitterness. Although

he did not hope for a renewal of the strife, he trusted that if it were

renewed, he might have the opportunity of laying the country in waste,

and of exterminating the canting, hypocritical, puritanical,

independents. He soon perceived the folly of the Seat of Government

being situated on the very frontier, the more especially as Detroit was

to be surrendered to the very people whom he most detested. York, from

its security, situation and extent, seemed, at first glance, to be the

most desirable place. Determined, however, to do nothing rashly,

General Simcoe weighed the matter well in his mind. It seemed to him

that a town might be founded on the Thames, a river previously called

De La Trenche, which rises in the high lands, between Lakes Ontario,

Huron, and Erie, and flows into Lake St. Clair, which would be most

suitable, and in process of time, most central. He even selected the

site of a town upon the river, which he had named the Thames, and

called the site London. Indeed it is somewhat astonishing that this

excellent Anglo-tory, as the Americans, south of 45°, doubtless,

esteemed him, did not call Sandwich, Dover; Detroit, Calais; and the

then Western and Home Districts of the western section of the Province,

which is almost an Island, England. The garden of Upper Canada, almost

surrounded by water, Governor Simcoe did intend, that as England is

mistress of the seas, so her offshoot, Canada, should be Queen of the

Lakes. Whatever might have been, or may yet be the natural advantages

of London, Canada West, for a seat of government, the Governor General

of British North America, Lord Dorchester, not then on the best

possible terms with General Simcoe, would not hear of it, and he,

notwithstanding the boast of the Lieutenant Governor that Upper Canada

had obtained the exact image and transcript of the British

Constitution, exercised a powerful influence in the state. Lord

Dorchester insisted that Kingston should be the capital of the Upper

Province. He was determined, moreover, that if he could not prevail on

the Imperial Government to convert Kingston into the provincial

capital, that the seat of government should not be at the London of

General Simcoe. He was not favorable to York. A muddy, marshy,

unhealthy spot, it was unfitted for a city. Lord Dorchester, peevish

from age, was, to some extent, under the influence of the Kingston

merchants, and was inclined, by a feeling of gratitude, to grant the

wishes of Commodore Bouchette, who resided at Kingston, with his

family, and to whom Lord Dorchester was indebted for safe conduct

through the American camp, after Montreal had fallen into the hands of

Montgomery. Kingston, as a town, was then inferior even to Newark, but

the back country was in a more advanced state, as far as cultivation

was concerned. The number of houses in the two towns was nearly equal,

but the houses in Kingston were neither as large nor so good as those

of Newark. Many of the houses in Kingston were merely log-houses, and

those which consisted of joiners work were badly constructed and

painted. There was no Town Hall, no Court House, and no Prison. The

trade consisted chiefly in furs, brought down the Lake, and in

provisions brought from Europe. There were only three merchant ships,

that made eleven voyages in the year. In the district, three or four

thousand bushels of corn were raised, and the surplus of that required

for the feeding of the troops and inhabitants was exported to England,

the price of flour being six dollars per barrel. In 1791, a thousand

barrels of salt pork were sent from Kingston to Quebec, at a price of

eighteen dollars a barrel. In selecting a site for the seat of

government, then, as now, local interests were brought into play, but

General Simcoe ultimately succeeded in obtaining the permission of the

Imperial authorities to fix it at York.

The revenue of Upper Canada, in 1793, was only £900, and the pay of the

members of Assembly was $2 a day. There was a Chief Justice and two

Puisne Judges, the members of the Executive Council, five in number,

being a Court of Appeal; and the Governor, with an assistant, formed a

Court of Chancery. Murders were of more frequent occurrence than other

crimes, and were rarely punished. There were Quakers, Baptists,

Tunkers, Presbyterians, and Roman Catholics without places of worship.

The ministers of the Episcopal Church in connection with the Church of

England, were the only clergymen paid by government.

Governor Simcoe's schemes for the improvement of the country and the

development of its resources, are worthy of notice, as being "extremely

wise and well arranged." The central point of the settlements he

designed to be between the Detroit River and the plantations previously

established in Lower Canada, within a square formed by Lake Ontario,

Lake Erie, Detroit River, and Lake Huron. He conceived that Upper

Canada was not only capable of satisfying all the wants of its

inhabitants, but also of becoming a granary for England. He did not

doubt but that the activity of Upper Canada, in agricultural pursuits,

would operate as a powerful example in regard to Lower Canada, and

arouse it from its then supineness and indolence. He conceived that the

vast quantities of sturgeons in Lake Ontario would afford a successful

competition with Russia in the manufacture of isinglass or fish-glue.

The corn trade was, in his opinion, preferable to the fur trade, which

threw the whole trade of a large tract of territory into the hands of a

few. He detested military government without the walls of the forts. To

the Lieutenants of each county he deputed the right of nominating the

magistracy and officers of militia. A justice of the peace could

assign, in the King's name, two hundred acres of land to every settler,

with whose principles and conduct he was acquainted. The Surveyor of

the District was to point out to the settler the land allotted to him

by the magistrate. He did not care to enlarge his territory at the

expense of the Indians. It appeared to him that a communication between

Lakes Huron and Ontario might be opened, by means of the St. Joseph's

river, which would relieve the fur traders of the Far West from the

navigation of the Detroit River, of Lake Erie, of the Niagara River,

and of a great part of Lake Ontario, and would disappoint the United

States in their hope of receiving, in future, any articles across the

Lakes, situated above Lake Huron. He was further of opinion, that a

direct communication, the idea now entertained by the Honble. John

Young, of Montreal, might be established between Lake Huron and the

River St. Lawrence. Unfortunately for the Province, Governor Simcoe did

not remain long enough in it to put his admirably conceived projects

into execution. These schemes when conceived, could not be very easily

brought under public notice. There was in all Upper Canada only one

newspaper, and that very far from being an organ of public opinion. The

Newark Spectator, or Mercury, or Chronicle, or whatever else it may

have been, was but a loose observer of men and manners, printed weekly.

Had it not been supported by the government, not a fourth part of the

expenses of the proprietor would have been refunded to him by the sale

of his newspaper. It was a short abstract of the newspapers of New York

and Albany, "accommodated" to the anti-American principles of the

Governor, with an epitome of the _Quebec Gazette_. It was the medium

through which the Acts of the Legislature, and the Governor's notices

and orders were communicated to the people. It was _par excellence_ the

government organ.

The Second Session of the First Provincial Parliament of Upper Canada

was held at Niagara, on the 31st of May, 1793. There is no copy of the

speech from the throne to be found, unless it may have been in the

Newark _Spectator_, which is not within reach. Its contents may be

gleaned from the nature of the Bills passed during the Session, and

assented to by the Lieutenant Governor. An Act was passed for the

better regulation of the militia; the nomination and appointment of

parish and town officers were provided for; the payment of wages to the

members of the House of Assembly, at a rate not exceeding ten shillings

per diem, was authorized and provided for; the laying out, amending,

and keeping in repair the public high roads was regulated, the roads

not to be less than thirty nor more than sixty feet wide; marriages

solemnized by justices of the peace, before the separation, were to be

valid, and in future justices of the peace were empowered to marry

persons not living within eighteen miles of a parson of the Church of

England, the form of the Church of England to be followed; the times

and places of holding Courts of Quarter Sessions were fixed; the

further introduction of slaves was prevented, and the term of contracts

for servitude limited; a Court of Probate was established in the

Province, and a Surrogate Court in every district; Commissioners were

appointed to meet Commissioners from the Lower Province, to regulate

the duties on commodities, passing from one Province to the other; a

fund for paying the salaries of the officers of the Legislative

Council, and for defraying the contingent expenses thereof, by a duty

of four pence a gallon on Madeira, and two pence on all other wines

imported into the Province was established; the destruction of wolves

and bears was encouraged by a reward of twenty shillings for a wolf's

head, and of ten shillings for a bear's head; returning officers were

appointed for the several counties; and a further fund for the payment

of the House of Assembly and its officers was created, by an

"additional" duty of twenty shillings to be levied on all licenses for

the retail of wines or spirituous liquors. In the third Session of the

Parliament, convened on the 2nd June, 1794, an Act was passed for the

regulation of juries; a Superior Court of Civil and Criminal

Jurisdiction was established, and a Court of Appeal regulated; a Court

was established for the cognizance of small causes in every district;

the Lieutenant Governor was empowered to license practitioners in the

law; fines and forfeitures reserved to His Majesty for the use of the

Province were to be accounted for; the Assessment Act for the payment

of wages to the Assembly was amended; the militia was further

regulated; horned cattle, horses, sheep, and swine were not to run at

large; the Gaols and Court Houses Act was amended; a duty of one

shilling and three pence per gallon was laid upon stills, and the

manner of licensing public houses was regulated.

The Fourth Session of the First Parliament of Upper Canada having met

for the despatch of business, on the 6th July, 1795, the practice of

physic and surgery was regulated; an Act was passed to ascertain the

eligibility of persons to be returned to the House of Assembly; the

agreement between Upper Canada and Lower Canada, by which the latter

were to collect all the duties on goods, wares and merchandize arriving

at Quebec, giving the former one eighth of their nett produce, was

ratified, approved, and confirmed; the Superior Court Act of the

previous Session was amended and explained; and Registry Offices were

established for the enregistering of deeds, lands and tenements. There

were no private Bills. The measures for Parliamentary consideration

were all of a public nature, and the legislation was eminently

judicious and peremptory. Mr. Attorney General White was the great man

in the Commons, and Mr. Speaker Chief Justice Powell in the Lords. The

first Parliament died a natural death, and the members of it went

quietly to their respective places of abode.

The second Parliament met at Newark, after a general election not

productive of any very great degree of excitement, on the 16th of May,

1796, opened by the Governor in person, with the usual formalities.

Certain coins were better regulated; the juries Act was amended; the

Quarter Sessions Act was amended; the public houses Act was amended;

the wolves and bears destruction Act was partially repealed, by the

rewards for killing bears being withdrawn; the Lieutenant Governor was

authorized to appoint Commissioners to meet others from the Lower

Province, about duties and drawbacks on goods passing from one Province

to the other; and the assessment Act was amended.

This Session of the second Parliament was hardly concluded, when

Governor Simcoe was required to relinquish his Government and proceed

to St. Domingo, in a similar capacity, the government of Upper Canada,

until the arrival of a regularly appointed successor, devolving upon

the Hon. P. Russell, President of the Council. Mr. Russell convened the

second Session of the Provincial Parliament, at the new capital of

York, selected by his predecessor, and in which a gubernatorial

residence of canvass had been erected. The first Act passed during his

very quiet reign of only three years, was one for the better security

of the Province against the King's enemies. It provided that no person

professing to owe allegiance to any country at war against the King,

should be permitted to enter, remain, reside, or dwell in the province.

The second Act was one to enable the inhabitants of the township of

York to assemble for the purpose of choosing and nominating parish and

township officers; an Act for securing the titles to lands; an Act for

the regulation of ferries; an Act to incorporate the legal profession;

the word "clergyman" in land grants to signify clergy; felons from

other Provinces to be apprehended, and the trade between the United

States and the Province to be temporarily provided for, by the

suspension of an Act repugnant to the free intercourse with the United

States, established by treaty of 1794. Several amendments to Acts and

other Acts were passed, when the Session was prorogued in due form.

On the 5th of June, 1798, the third Session of the second Provincial

Parliament met, and seven Acts received the gubernatorial assent. Among

other things, the boundary lines of the different townships were to be

determined, the ministers of the Church of Scotland, Lutherans or

Calvinists, were authorized to celebrate marriage; and the method of

performing statute labor on the roads was altered.

The fourth and last Session of this second Parliament of Upper Canada

met at York, on the 12th June, 1799, and six Acts were assented to,

among which was one providing for the education and support of orphan

children; and another enabling persons holding the office of Registrar

to be elected members of the House of Assembly, a member of which body

accepting the office to vacate his seat, with the privilege, however,

of being re-elected.

On the 17th August, 1799, General Hunter appeared and assumed the

Lieutenant Governorship to which he had been appointed by the King. He

was not, however, simply Lieutenant Governor of Upper Canada; but also

the Lieutenant, General commanding-in-chief, in both of the Canadas. He

took possession of the Government of Upper Canada about a fortnight

after the general government of British North America had been

entrusted to His Excellency Robert Shore Milnes, Esquire. The

Lieutenant General was well advanced in years. He had seen fifty-three

summers, and it was not to be expected that his previous education and

habits would give way to the new ideas of younger men in a new country.

General Hunter was, nevertheless, connected with a highly talented

family, his brother being the celebrated Dr. Hunter of London, and his

talents for government were possibly better than the bills passed

during his reign would indicate. There was, indeed, little, if any,

advance in legislation. The Acts of former Sessions, relative to

duties, the administration of justice, and to the militia, were patched

and repatched, made more stringent, less liberal, and more complicated.

In the first Session of the third Parliament, which met at York, on the

2nd June, 1800, six Acts of revival, regulation, or amendment were

assented to, one of which, making a temporary provision for the

regulation of trade between Upper Canada and the United States,

established ports of entry. The second Session of the third Parliament

was held on the 28th of May, 1801, at the now established capital. The

Parliament, as usual, was recommended to look after the King's enemies,

the militia, the Quarter Sessions, the Customs Duties, the Roads, and

the payment of the Assembly and its officers. There was no change in

the matters legislated upon, worthy of note, with the exception that

Cornwall, Johnstown, Newcastle, York, Niagara, Queenston, Fort Erie

Passage, Turkey Point, Amherstburgh, and Sandwich were declared to be

Ports of Entry, collectors being appointed by the Governor to receive a

salary of £50 per cent on duties, till the same amounted to £100, above

which sum there was to be no advance, and having the privilege of

appointing their own deputies; the Governor was authorized to appoint

Flour and Ashes Inspectors, who were to receive three pence for every

barrel of flour they inspected, and one shilling for every cask of pot

and pearl ashes; and an Act was passed preventing the sale of

spirituous or intoxicating drinks to the Moravian Indians, on the River

Thames. The third Session of the third Parliament met on the 25th of

May, 1802, when five Acts only were passed. Titles of lands were to be

better ascertained and secured; the administration of justice in the

Newcastle District was provided for; the rates which the Receiver

General should take and retain for his own use out of the monies

passing through his hands, subject to the disposition of the Province,

was to be declared and ascertained; one or more ports of entry were

established, and one or more collectors of Customs appointed; and an

Act for applying £750 to encourage the growth of hemp, and £84 0s. 8d.

for stationery for the Clerks of Parliament was adopted. On the 24th of

January, 1803, the Parliament being again assembled for the despatch of

business, an Act was passed, allowing time for the sale of lands and

tenements by the Sheriff; a fund was established for the erection and

repair of light-houses; the rights of certain grantees of the waste

lands of the Crown were declared; married women were enabled to convey

and alienate their real estate; attornies were enabled to take two

clerks and "no more," the Attorney and Solicitor General excepted, as

they could take three each, and "no more;" the swine and horned cattle

restraint Act was extended; members of Parliament, having a warrant

from the Speaker of attendance, were, for their own convenience,

enabled to demand from justices of the peace, ten shillings a day, to

be levied by assessment. After this, Parliament was prorogued, unless

it be that a second fourth Session of the Parliament was held, which is

not very probable, although Mr. Gourlay, in his account of Canada,

gives two fourth Sessions to the third Parliament, and afterwards

complains that the business of the first Session of the sixth

Provincial Parliament was nowhere to be found.

Parliament next assembled on the 1st of February, 1804. Sedition was

provided against; persons who should seduce soldiers into desertion

were to be exemplarily punished; fees, costs, and charges were to be

regulated by the Court of Kings Bench; the swine Act was amended, so

that sheep might run at large, and rams only be restrained between the

1st December and 20th December; £300 was appropriated to the printing

of all the Acts of the Province, and £80 a year was allowed for the

annual printing of the laws, which were to be distributed among members

of Parliament, judges, and militia officers; £100 was granted for the

building of bridges and repairing old roads and laying out new ones;

the Customs Act was explained; £175 was granted for the purchase of the

Statute Laws of England; £400 per annum was granted to be applied in

the erection of Parliament Buildings; £303 11s. 10-1/2d. was voted for

the clerks and officers of the Parliament, including stationary, and to

the government commissioners appointed to adopt means to encourage the

growth of hemp a sum of £1,000 was granted. The Session of the fourth

Parliament, next bent on the despatch of business, came together on the

1st February, 1805. It altered the time of issuing tavern and still

licenses; afforded relief to heirs or devizees of the nominees of the

Crown, entitled to claim lands in cases where no patent had issued for

such lands; regulated the trial of contested elections; continued the

Duty-Commissioners Act for four years; altered certain parts of the

Newcastle-District administration of justice Bill; made provision for

the further appointment of parish and town officers; relieved insolvent

debtors, by an Act which enabled a debtor in prison to receive five

shillings weekly from his creditor during his detention, if the

prisoner were not worth five pounds, worthlessness being, in this

instance, to a man's advantage; the curing, packing and inspection of

pork was regulated by the appointment of inspectors, whose fees were to

be one shilling and six pence per barrel, exclusive of cooperage, with

six pence a mile to the Inspector, for every mile he had to travel; £45

9s. 8d., advanced by His Majesty, through the Lieutenant Governor, for

the purchase of hemp seed, and £229 8s. 6d., advanced for

contingencies, clerks of Parliament and so forth, were to be made good

out of a certain sum applied to that purpose; and for the further

encouragement of the growth and cultivation of hemp, and for the

exportation thereof, it was by law determined that £50 per ton should

be paid for hemp.

Lieutenant General Hunter died at Quebec on the 21st August of the same

year, (1805) at the age of 59, and was buried in the English Cathedral

at Quebec, where a monument in marble has been erected to his memory,

by his brother, the physician. It is recorded on his tombstone, that

General Hunter's life was spent in the service of his King and country,

and that of the various stations, both civil and military, which he

filled, he discharged the duties with spotless integrity, unwearied

zeal, and successful abilities.

The Honorable Alexander Grant, as President of the Council, succeeded

General Hunter in the administration of affairs. Mr. Grant reigned only

one year, when he was succeeded by His Excellency Sir Francis Gore.

During Mr. Grant's short rule, £50 a year each, was provided for eight

years, to six Sheriffs; an Act was passed to regulate the practice of

physic and surgery; £490 was appointed for the purchase of instruments

to illustrate the principles of natural philosophy, to be deposited in

the hands of a person employed in the education of youth; £1,600 was

granted for public roads and bridges; the Acts for the appointment of

Parish officers, for the collection of assessments, and for the payment

of the wages of the House of Assembly were altered and amended; the

Custom Duties' Act was continued; and £498 8s. 5d. was made good to the

Commissioners treating with Lower Canada, and to the Clerks of

Parliament.

The Governments, of both Upper and Lower Canada, were administered by

residents of the country at the same period of time. While Mr. Grant,

the administrator of Upper Canada, had convened the parliament of the

province on the 4th of February, 1806, Mr. Dunn had convoked the

parliament of Lower Canada for the 22nd of the same month in the same

year. On opening the parliament of Lower Canada Mr. Dunn tellingly

alluded to the important victory of Lord Nelson at Trafalgar and to the

subsequent action off Ferrol, recommending the renewal of the acts

deemed expedient during the previous war for the preservation of His

Majesty's government and for the internal tranquillity of the province.

By the address, in reply, he was assured that these acts would be

renewed. Shortly after the assembly had met it occurred to them that

their peculiar privileges, as an offshoot of the Commons of England,

had been assailed. The proceedings of a dinner party given to the

representatives of Montreal in that city had been printed and

circulated in the Montreal _Gazette_ of the 1st April, 1805. The dinner

was given in Dillon's tavern, and the party were particularly merry

with the abundant supply of wines. Mr. Isaac Todd, merchant, presided.

After the customary toasts on all such occasions had been given, the

president proposed:--"The honorable members of the Legislative Council,

who were friendly to constitutional taxation as proposed by our worthy

members in the House of Assembly;"--"Our representatives in parliament,

who proposed a constitutional and proper mode of taxation, for building

gaols, and who opposed a tax on commerce for that purpose, as contrary

to the sound practice of the parent state;"--"May our representatives

be actuated by a patriotic spirit, for the good of the province, as

dependent on the British empire, and be divested of local

prejudices;"--"Prosperity to the agriculture and commerce of Canada,

and may they aid each other, as their true interest dictates, by

sharing a due proportion of advantages and burthens;"--"The city and

county of Montreal and the grand juries of the district, who

recommended local assessments for local purposes;"--"May the city of

Montreal be enabled to support a newspaper, though deprived of its

natural and useful advantages, apparently, for the benefit of an

individual." It is difficult to perceive where any breach of privilege

was involved, but the assembly looked upon these aspirations and upon

the compliments to the Montreal representatives as a false and

scandalous and malicious libel, highly and unjustly reflecting upon His

Majesty's representative and on both Houses of the Provincial

Parliament, and tending to lessen the affections of His Majesty's

subjects towards the government of the province. A committee of inquiry

was appointed, and reported that the libellers were the printer of the

_Gazette_, Edward Edwards, and the president of the dinner party, Isaac

Todd. Nay, the libel was reported to be a "high" breach of the

privileges of the Assembly and Messrs. Todd and Edwards were ordered to

be taken into custody. But the Serjeant-at-Arms, or his deputy, could

not lay his hands upon these gentlemen and the matter was no more

thought of until the editor of the Quebec _Mercury_ ridiculed the whole

proceedings, when it was ordered that Mr. Cary should be arrested. Mr.

Cary was afraid that such unpleasant investigations might give rise to

other unpleasant investigations with regard to the powers of the House.

He intimated that in France it was customary to tie up the tongue and

lock up the press, and for so doing he was compelled either to submit

to be himself locked up or apologize. On being arrested he apologized

at the Bar of the House and was released. The time of the House was

frittered away by empty discussions and wordy addresses upon the gaol

tax, previously mentioned, which the king did not disallow as required

by the mercantile community. Indeed the administrator of the government

in his prorogation speech remonstrated with the Assembly for the

non-completion of the necessary business. The civil expenditure of the

year came to £35,469 sterling, including £2,000 to General Prescott,

who was then in England, and £3,406 to Sir Robert Shore Milnes, with

the addition of £2,604 currency, for salaries to the officers of the

Legislature, the expenditure exceeding the revenue by £869.

General Prescott, the Governor General, absent in England, was yet in

the receipt of £2,000 a year, and the year before he had £4,000; Sir

Robert Milnes, the Lieutenant Governor, also absent, had received the

salary above mentioned, while Mr. Dunn received £750, as a judge of the

King's Bench, £100 for his services as administrator of the government,

a pension of £500 sterling a year, on relinquishing the administration,

and an additional allowance of £1,500 a year while he had administered

the government. Beyond question their "Excellencies" and "His Honor,"

were amply remunerated. The Governor General and his Lieutenant were

absent on business. Indeed, while the Legislative Assembly, in defence

of imaginary privileges, were cutting such fantastic capers before high

heaven, the confidential secretary of Lord Dorchester and of his

successors so far, the Honorable Herman Witsius Ryland,--who, having

been Acting Paymaster General to His Majesty's Forces captured by the

Americans, went to England, when His Lordship, then General Sir Guy

Carleton, evacuated New York, and returned with him to Canada, when

that officer was appointed Governor-in-Chief in 1793, full of the

sympathies, antipathies, prepossessions, and prejudices of the English

conservative of that day,--had devised a scheme, which, had it been

carried out, would have rendered their privileges not very valuable. He

only designed to "anglify" the French-Canadians by compulsion. Before

the separation of the province into Upper Canada and Lower Canada it

was a matter of consideration whether all the Roman Catholic churches

in the Province could not be converted into Reformed Anglo-Episcopal

churches. The contemplated plan of doing so was to take from the

"Vicaire du Saint Siége Apostolique" the power of nominating and

appointing the parish priests; the appointment of subsequent bishops

was to be given to the king; and the Popish Bishop then living, was to

be succeeded by a Protestant Bishop, who would find an easy method of

turning Cardinal Richelieu's church extension schemes to excellent

account in a new mode of ordaining new "catholic" priests, who might be

disposed to abandon, at least, some of the doctrines of Rome and

embrace, at least, some of those of the Protestant religion. The

religious principle involved in this interesting scheme would have done

credit to the eighth Henry. It would have had the effect of erecting on

a Popish foundation, of building up on the sainted Rock, a church

militant as a more powerful safeguard to English influence and power in

Canada than the citadel of Quebec has been. Together with the creation

of a Provincial Baronetage, in the persons of the members of the Upper

House, the honor being descendible to their eldest sons in lineal

succession, and the raising of the most considerable of these eldest

sons at a future period to a higher degree of honor, as the province

increased in wealth, together with the recognition of Mr.

DeBoucherville's old noblesse, it would have most certainly much sooner

produced that state of things which Sir Francis Bond Head and the

"family compact" so ably brought to a crisis. The secretary of all the

governors Lower Canada had yet had, corresponded, most confidentially,

with his home masters, somewhat, perhaps, to the prejudice of his honor

the administrator. As general Simcoe loathed the nasal twang,

attenuated appearance, and the vulgar republicanism of a downeast

American, so Mr. Witsius Ryland abominated Romanism. Speaking of the

Roman Catholic clergy of Canada, he says:--"I call them Popish to

distinguish them from the clergy of the Established Church and to

express my contempt and detestation of a religion, which sinks and

debases the human mind, and which is a curse to every country where it

prevails." Nay, he laid it down, as a principle, to undermine the

authority and influence of the Roman Catholic Priests. It was or should

be the highest object of a governor to crush every papist scoundrel.

Following the line of conduct which had so widely established the

authority of the Popes of Rome, it was the duty of governors to avail

themselves of every possible advantage, and never to give up an inch

but with the certainty of gaining an ell. He lamented that the seminary

and perhaps some other estates had not been taken possession of by the

crown, incorporated, and trustees appointed, out of which incorporated

estates a handsome salary might have been paid to the King's

Superintendent and Deputy Superintendent of the Romish Church! but the

proceeds of which should principally have been applied to the purposes

of public education. And he was deeply mortified that "a company of

French rascals" had momentarily deprived the country of any hope of

such a destiny of these estates. The private and confidential remarks

of the secretary were not altogether without effect. His Grace of

Portland, then His Majesty's Secretary for the Colonies, peremptorily

ordered Governor Milnes to resume and exercise that part of the king's

instructions requiring that no person whatever was to have holy orders

conferred upon him, or to have cure of souls, without license, first

had and obtained from the Governor, and Lord Hobart, the Duke's

successor in the Colonial Department, intimated to Sir Robert Milnes

that it was highly proper that he should signify to the Catholic Bishop

the impropriety of his assuming any new titles or exercising any

additional powers to those which he had as the Vicar of the Holy

Apostolic See. The French Priests were also to be reminded that their

residence in Canada was merely on sufferance, and that it was necessary

for them to behave circumspectly, else even that indulgence would be

withdrawn. Greatly alarmed at these proceedings the Bishop of Rome

respectfully remonstrated. He humbly reminded His Most Excellent

Majesty, the King, that nineteen-twentieths of the population were of

the Roman Catholic religion; that the humble remonstrant was himself

the fourteenth bishop who had managed the church since Canada had

happily passed into the hands of the Crown of Great Britain; that the

extension of the province was prodigious, requiring more than ever that

the superintending bishop should retain all the rights and dignities

which His Majesty had found it convenient to suffer the bishops to have

at the conquest; and that in the Courts of Justice there should be no

room to doubt their powers. It was indeed no wonder that the

superintendent of the Church of Rome was alarmed at the aspect of

affairs. The Attorney-General Sewell reported with regard to the

nomination of Laurent Bertrand to be curé of Saint Léon-le-Grand, by

the titular Roman Catholic Bishop of Quebec, in the case of one

Lavergne, who having refused to furnish the _pain béni_, was prosecuted

in the Court of King's Bench, that it was a usurpation in the bishop to

erect parishes and appoint curés. He went farther and said that there

was no such person as the Roman Catholic Bishop of Quebec. The title,

rights, and powers of that office had been destroyed by the conquest.

Nay, there could not, legally, be any such character, as, if he

existed, the King's supremacy would be interfered with, contrary to the

Statutes of Henry the Eighth and of Elizabeth. Not only was there a

quiet but arbitrary denial of the right of the Roman Catholic Bishop to

manage the affairs of his diocese, the possibility of negotiating the

Reverend Coadjutor Plessis out of his influence was entertained. Mr.

Attorney-General ultimately waited upon that ecclesiastic to explain

his own private sentiments to him. The bishop was studiously guarded

and significantly polite. The Attorney-General thought that a good

understanding ought to exist between the government and the ministers

of religion. Mr. Plessis was quite of that opinion. Mr.

Attorney-General thought the free exercise of the Roman Catholic

religion having been permitted the government ought to avow its

officers, but not at the expense of the Established Church. Mr.

Coadjutor Plessis said that position might be correct. Mr.

Attorney-General thought that the government could not allow to Mr.

Plessis that which it denied to the Church of England. Mr. Plessis saw

that the government thought that the bishop should act under the King's

commission, and could see no objection to it. The Attorney-General was

strongly of opinion that the right of appointing to curés, which no

bishop of the Church of England had, must be abandoned. Mr. Plessis

thought that even Buonaparte and the Pope had effected a compromise on

that matter. Mr. Attorney-General had no faith in Buonaparte and was

but an indifferent Catholic, but the Crown only could select from a

Bishop's own Priesthood, and a Bishop, once acknowledged, would be the

head of a department. That said Mr. Plessis would be a departure from

the Romish doctrine of church discipline. To some extent it would, but

your clergy would be officers of the Crown, and you would obtain the

means of living in splendour, said the Attorney-General. Splendour,

said Mr. Plessis, is not suitable to the condition of a bishop;

ecclesiastical rank and a sufficient maintenance is all he needs. The

Attorney-General meant that a bishop should have the income of a

gentleman. Mr. Plessis meant the same thing, but it was a delicate

matter to pension a bishop, for relinquishing his right of nominating

to the cures, as the public would not hesitate to say he had sold his

church. Never mind, said the Attorney-General, if the matter is viewed

aright, you have none to relinquish. I do not know, replied Mr.

Plessis. Whatever is to be done must now be done, intimated the

Attorney-General. You speak truly, was the modest reply, something must

be done, and though we may differ in detail, I hope we shall not in the

outline.

Not very long after this conversation Bishop Denaud died. Now was the

time for Mr. Witsius Ryland to act or never. He did act most

energetically. He ear-wigged Mr. President Dunn, concerning his proper

line of conduct on the occasion. He attempted to dissuade Mr. Dunn from

a formal acknowledgement of Mr. Plessis, as Superintendent of the

Romish Church, till His Majesty's pleasure should be declared. He

thought an order should be immediately issued from home, prohibiting

the assumption, by a Roman Catholic prelate, of the title of Bishop of

Quebec. It occurred to him that a French emigrant bishop, if one could

be found, would be more easily managed than Mr. Plessis. But Mr.

Plessis was too much for Mr. Ryland, and found favor in the President's

sight. Mr. Dunn would not listen to the representations of his

secretary, and the wrath of his secretary was kindled. He wrote to Sir

Robert Milnes on the subject, and to "My dear Lord," the Right Reverend

Jacob Mountain, D.D. Not only was Mr. Dunn determined upon formally

recognizing the new Roman Catholic Bishop but he was determined to

suffer the Reverend Mr. Panet to take the oath as Coadjutor, without

either waiting for His Majesty's pleasure, or for any other sanction

whatever. It was most distressing, but "where was the layman, free from

vanity, who, at seventy-three years of age, would let slip an

opportunity of making a bishop?" It was dreadful. His contempt and

indignation rose to a height that nearly choked him. As an apology for

the recognition of Mr. Panet, it was all very well to say that his

brother was a mighty good sort of a man. A mighty good sort of a man!

How devoted were such mighty good sort of men, those very loyal

subjects, to His Majesty! From the Speaker himself, down to the

"fellow" who held a lucrative office in the Court of King's Bench, and

who had sent his son to join the banditties of Mr. Buonaparte, who was

not, to suit his purpose, brimfull of loyalty! Things were wretchedly

managed, but the wisest thing to be done under present circumstances

was nothing.

The Home Government anxious to build up in some manner a Protestant

Church establishment had appointed the Right Reverend Jacob Mountain,

Doctor in Divinity, to the Diocese of Quebec. At the expense of the

Imperial Government, a Cathedral was built in Quebec, which was

consecrated in 1804, on the ruins of the Recollet Church of the

Jesuits. To this day it is possibly the most symmetrical in appearance

of any church of the Church of England in Canada. Exteriorly, it is 135

feet in length and 73 in breadth, while the height of the spire above

the ground is 152 feet, the height from the floor to the centre arch,

within, being 41 feet. The communion plate, together with the altar

cloth, hangings of the desk and pulpit of crimson velvet and cloth of

gold, and the books for divine service, was a private present from

George the Third. There was then also a Rector of Quebec, having a

salary, from the British Government, of £200 a year, such a sum as,

Bishop Mountain reported to His Excellency the Governor, no gentleman

could possibly live upon! a Rector of Montreal with the same salary,

and £80 additional per annum made up by subscription from the parish; a

Rector of Three Rivers with a like salary of £200 from home; a Rector

of William Henry receiving £100 from home and £50 from the Society for

the Propagation of the Gospel; an evening lecturer at Quebec, receiving

£100 from the Imperial Treasury; the incumbent of Missisquoi Bay,

obtaining £100 from government, £50 from the Propagation Society, and

£30 from the inhabitants; and two vacancies in the "new settlements,"

requiring £150 to be paid to each. The building of a stone church in

Montreal was commenced, but the structure which promised to be "one of

the handsomest specimens of modern architecture in the province," was

not finished, for want of funds, ten years afterwards. In Upper Canada,

so late as 1795, no church had been built. Even in Newark, it is

quaintly added by the Duke de la Rochefoucault Liancourt, in the same

halls where the Legislative and Executive Councils held their sittings,

jugglers would have been permitted to display their tricks, if any

should have ever strayed to a country so remote. His Grace, quite

correct with regard to Newark, was at fault in speaking of the whole

province. At Stamford there was a Presbyterian Church, built in 1791,

and another church built for the use of all persuasions, a kind of free

and common soccage church, in 1795, which was destroyed in the

subsequent war. It was in this year that one of the most remarkable

men, and one of the most able and indefatigable of the colonial clergy,

was strolling about Marischal College, in Aberdeen, studying

philosophy. He was a very plain-looking Scotch lad and very cannie.

Altogether wanting in that oratorical brilliancy so necessary for an

efficient preacher of the great truths of Christianity, Mr. John

Strachan had diligently acquired a dry knowledge of the humanities, to

fit himself for a teacher of youth. He was, in a limited sense, a

classical scholar. Greek and Latin, Hebrew and the Mathematics, were at

his fingers' ends. Not long after leaving college, he obtained the

place of a preceptor to the children of a farmer in Angus-shire. The

situation of schoolmaster of Dunino, a parish situated foury miles

south of St. Andrews, in Fifeshire, and six miles north of Anstruther,

the school taught by Tennant, the orientalist, professor of Hebrew and

other oriental languages in St. Mary's College, St. Andrews, and the

author of the Poem of Anster Fair, became vacant, when Mr. John

Strachan made application for the fat berth, the salary being nearly

£30 a year, and obtained it. Mr. Strachan taught quietly at Dunino,

attending St. Andrews College, in the winter, until he received the

offer of £50 a year, as tutor to the family of a gentleman living in

Upper Canada. He accepted it, left Dunino, and went to the wilderness.

Mr. Strachan taught as a private tutor for some time and subsequently

established a school for himself, when he married a widow possessed of

cash and respectably connected. The Church of Scotland, in Canada, was

then at a very low ebb. Even in Quebec, although there had been a

regularly ordained clergyman of the church officiating since 1759,

there was only, from 1767 to 1807, an apartment assigned to the Scotch

Church for the purpose of divine worship, by the King's representative,

in the Jesuits' College. Nay, in 1807, the Scotch Church was entirely

sent adrift by Colonel Brock, to be afterwards permitted to meet in a

room in the Court House. Until 1810 there was no Scotch Church in

Quebec. What inducement was there for a progressive Scotchman to remain

in connection with such a church? Mr. Strachan clearly perceived that

the road to worldly preferment ran through the Church of England, and,

having a wife, and the expectation of a family, he recognised the

expediency of obtaining orders as a descendant of the apostles. It was

not long before he obtained permission to officiate as a minister of

the Church of England, and he abandoned the birch for the surplice. Mr.

Strachan justified every expectation that may have been formed of him.

He became a most zealous churchman, and a very short time elapsed until

the Scotch schoolmaster was the Hon. and Revd. Dr. Strachan, Rector of

York, now Bishop of Toronto, and he may go to the grave satisfied that

he has done more to build up the Church of England in Canada, by his

zeal, devotion, diplomatic talent, and business energy, than all the

other bishops and priests of that church put together.

Some idea will now have been formed of the state of the Church of

England "establishment," in Canada, about a time, when it was intended

to amalgamate with it the fabrics of Rome. Bishop Mountain had a seat

it in the Legislative Councils of both provinces. He only was the

embodiment of Church and State.

Mr. Secretary Ryland, anxiously active against the Church of Rome, was

very favorably disposed towards the Church of England. His creed with

regard to the "Protestant Church Establishment," in the provinces, was

for it to have as much splendour and as little power as possible. His

chief desire was to make episcopalianism fashionable. He would have

given to the Bishopric of Quebec a Dean, a Chapter, and all the other

ecclesiastical dignitaries necessary for show, and he would have

endowed the See with sufficient lands to support the establishment in

the most liberal manner. But not a grain of civil power beyond their

churches and churchyards was he inclined to give to the clergy. He even

thought that in regard to the particular case at Montreal, and in any

other case where a church should be, or was about to be built by

private contribution, the bishop would exhibit infinite discretion, if

he did not do more than wish to advise and to consecrate. The same

rights, privileges, prerogatives and authority as bishops enjoy under

the common Law of England could not safely be given to colonial

bishops, nor could it be possible to obtain them. A more worldly view

of church extension could not well be conceived, but the suggestion was

not by any means an imprudent one. Bishops, being but men, are too apt

to abuse power, and it is surely well that too much of it should not be

granted to experiment upon.

While all this was quietly going on, _sub rosa_, in Lower Canada, the

Methodists, Baptists, and Presbyterians, were quietly taking hold of

the public mind in Upper Canada. Although the meeting houses were only

few and far between, and churches and chapels were extremely rare, the

most illiterate of the sects were itinerating, hither and thither, with

wonderful success.

About this time there was also a disposition to diffuse education. His

Majesty, the King, gave directions to establish a competent number of

free schools in the different parishes, to be under the control of the

Executive, but the project was strenuously opposed by the Roman

Catholic clergy, and only grammar schools in Montreal and Quebec were

provided for, which have languished and died. It was feared by Bishop

Mountain that the want of colleges and good public schools would render

it necessary for parents to send their children to the United States,

to imbibe, with their letters and philosophy, republican principles. It

was at his suggestion also that the idea of free schools was

entertained. The Canadians were deplorably ignorant, and their

children, it was designed, should be free from that reproach. It is

only now, however, that they are emerging from the most debasing state

of mental darkness, into something like enlightenment. Example has done

that which force would have failed to accomplish.

As illustrative of the saying "there is nothing new under the sun," it

is worthy of remark here that upon the arrival of the intelligence in

Canada, respecting the breaking out of the war with France, in 1798,

some of the leading members of the House of Assembly, which was then

sitting, proposed to levy the sum of £20,000 sterling, by a tax on

goods, wares, and merchandize, to be applied, as a voluntary gift to

His Majesty, from the province, to enable the King the more effectually

to prosecute the war. This was proposed by Mr. Attorney-General, Mr.

Young, and Mr. Grant, and as far as the House was concerned, the

measure was found practicable. But General Prescott, the Governor,

having been informed of the matter, did not think it expedient to

encourage a scheme which Lord Elgin would have jumped at.

In 1805, the whole revenue of the province was only £37,000, yet, it

appears that Sir Robert Milnes, the Governor, did not think that he

could sufficiently entertain to gain a due consideration from the

principal persons in the province, on £4,000 a year. He sent a whining

letter to Lord Hobart on the subject, begging for an increase of

salary. £5,000 was not a sufficient sum to keep up the hospitality of

Government House. It would hardly support the summer residence at

Spencer Wood. He had said nothing about so delicate a matter, while the

war lasted, though he had expended £1,000 a year out of his own private

income. And he would rather resign than sacrifice the comforts and

waste the means of his family.

Canada, now, continued steadily to advance, both politically and

commercially. Neither her political advancement nor the extent of her

commerce was great, but both were yearly becoming greater. During the

summer of 1806, one hundred and ninety-one vessels, 33,474 tons of

shipping, entered at Quebec. Coasters were in full and active

employment, and shipbuilding was to some considerable extent carried

on. The military of the garrison were still antiquated. The army made

no perceptible progress, soldiers still plastered their hair, or if

they had none, their heads, with a thick white mortar, which they laid

on with a brush, afterwards raked, like a garden bed, with an iron

comb; and then fastening on their heads a piece of wood, as large as

the palm of the hand, and shaped like the bottom of an artichoke, they

made a _cadogan_, which they filled with the same white mortar, and

raked in the same manner, as the rest of the head dress.[11] The army

wore cocked hats, knee breeches and gaiters. The _habitants_, or

peasantry, had retrograded, and Volney found that, in general, they had

no clear and precise ideas: that they received sensations without

reflecting on them; and that they could not make any calculation that

was ever so little complicated. If asked how far the distance from this

place to that was; a French-Canadian peasant would reply:--"it is one

or two pipes of tobacco off," or "you cannot reach it between sunrise

and sunset." But the better classes, in close contact with the upper

classes among the English, were rapidly improving, and began to

entertain the idea that they had political rights. They even started

a newspaper called "_Le Canadien_" and began most vigorously to

abuse "les Anglais" and the government. The "_Canadien_" published

entirely in French, first appeared in November 1806. Had it been less

anti-British, possibly, it would have been less disagreeable; but

the idea had strongly taken possession of its supporters that

French-Canadians were looked upon, by the government and its

satellites, as mere serfs, and they agitated accordingly. Not only

that. They began to exhibit some sparks of independence. Their

watchword became:--"_Nos institutions_, _notre langue_, _et nos lois_."

They branded the British immigrants and the British population as

"_étrangers et intrus_." Mr. Crapaud's temper was fairly up. There was

cause. The worm will bite when trodden upon. Unless there had been

substantial grievances, the _Canadien_ could not by any possibility

have become so popular as to have given not only umbrage, but

uneasiness to the government. Yet it did cause such uneasiness and

was peremptorily checked. It was impossible then for a native-born

Canadian, whether of English or French extraction, to look a

home-appointed government official in the face. "_Tempora mutantur et

nos mutamur in illis._"

[11] See Duke de la Rochefoucault's Liancourt's travels through

North America.

On the 21st January, 1807, Mr. President Dunn again met the Legislature

of Lower Canada. That invaluable constitution enjoining on the ruler to

meet his parliament once a year, rendered it imperative upon him to

summon the Council and Assembly for the despatch of business. He

recommended to the assembled wisdom before him the propriety of

continuing several temporary acts then in force; congratulated them on

the brilliant success of His Majesty's arms; alluded with pride to the

conquest of the Cape of Good Hope; and touched upon the repeated

victories obtained by Sir John Stuart in Calabria. The Assembly replied

in terms most flattering to the President personally, promising to do

as he required. On proceeding to business, the first subject which

engaged the attention of the House was the propriety of defraying the

expenses of members of the House residing at a distance from Quebec.

The House was disposed to defray such expenses, but nevertheless, the

further consideration of the matter was postponed by a majority of two.

The expediency of having a Provincial Agent or Ambassador, resident in

London, to look after the interests of the province at the metropolis

of the empire was discussed, and it was resolved in the affirmative.

The Alien Act was passed, and that for the better preservation of His

Majesty's government continued for another year, together with several

other acts, and on the 16th of April, the parliament was prorogued.

The Rise of Canada, from Barbarism to Wealth and Civilisation. Volume 1 · 第 2 / 8 章