CHAPTER IV.

It was in the character of Administrator-in-Chief that

Lieutenant-General Sir Gordon Drummond assumed the government of Lower

Canada, on the 5th of April, 1816. The army bills were called in and

honorably redeemed in cash, at the army bill office, in Quebec, and as

if to show how beneficial the war had been to the country, first one

new steamer arrived at Quebec, and then another from the already

flourishing city of Montreal. The _Malshane_, built by Mr. John Molson,

of Montreal, at that port, appeared at Quebec on the opening of the

navigation, and was speedily followed by an opposition steamer built by

an association of merchants in Montreal, and named:--The _Car of

Commerce_. The inhabitants of Canada were, at this time, under 400,000

in number. About seven-eighths were of French descent, and the other

eighth was composed of English, Irish, Scotch, Germans, Americans, and

their descendants. Of the latter, the Scotch were the most numerous,

and in their hands nearly the whole external trade of the country was

placed. The French Canadians were chiefly agriculturists, but they had

also a large share in the retail and internal trade. There was, at this

period, no manufactories of note in the province. The manufacture of

leather, hats, and paper, had been introduced, and _étoffe du pays_,

manufactured by the farmers, constituted the garb of the Canadians

generally. There were two iron works in the vicinity of Three Rivers.

There was nothing more. It is said, not without reason, that one of the

first improvements in any country should be the making of roads, and

the speedy making of roads, both in Upper and Lower Canada, was one of

the good effects of the war. Already there was a road from Point Levi

across the portage of Temiscouata, from thence to the forks of the

Madawaska, from thence to the Great Falls, from thence to Fredericton,

in New Brunswick, from thence to St. Johns, on the Bay of Fundy, and

from thence to Halifax, which was 618 miles long; there was a road from

Quebec to Montreal, 180 miles in length, from thence to the

Coteau-du-Lac, 225 miles, from thence to Cornwall, 226 miles, from

thence to Matilda, 301 miles, from thence to Augusta, 335 miles, from

thence to Kingston, 385 miles, from thence to York, 525 miles, from

thence to Fort Erie, 560 miles, from thence to Detroit, 790 miles, and

from thence to Michillimackinac, 1,107 miles; there was a road _en

route_ to Boston, _via_ St. Giles, Ireland, Shipton, St. François, and

the Forks of the Ascot, to the lines, 146 miles long; and there was a

road from Laprairie, opposite Montreal, to Isle-aux-Noix, which was 28

miles long. Canals were contemplated to overcome the difficulties of

the Lachine, Cedars, and Long Sault rapids, and indeed there was an eye

to those improvements which never fail to develop the riches of a

country. The landholders at this time were mostly French Canadians.

There were some thousands of acres, however, which had been granted to

the British population since 1796, occupied or settled upon by

Americans, that is to say, former residents of the United States. Land

was not by any means valuable, on account of the great distances from

convenient markets, and the consequent length of time which it took the

distant farmer to bring his produce to market. It was this drawback

that produced in the Canadian the pernicious habit of merely producing

enough for the consumption of his own family, and for the keep of his

own farm stock. Farm lands were seldom held upon lease. The cultivators

were the _bona fide_ proprietors of the soil, subject to a very

inconsiderable annual rent to the seigneur and to a fine of a twelfth

upon a change of proprietor by sale, a condition which, as a matter of

course, would in time become intolerable and demand that remedy which

has since been applied. In Lower Canada, the lands held by Roman

Catholics, were subject to the payment of a tythe or a twenty-sixth

part of all grain for the use of the curate, and to assessments for the

building and repair of churches. Now with regard to the character of a

people, who, not long after this period, exhibited an intolerance of

tyranny and injustice, it may fairly be said that the French Canadians

are naturally of a cheerful and lively disposition, but very

conservative in their ideas. Outwardly polite, they are not

unfrequently coarse in conversation. If the Canadian evinces respect,

it is expected that he will be treated with respect in consideration

therefor. His chief shortcoming is excessive sociability. When once

settled among friends and relatives he cannot leave them--absence from

home does in truth only make the heart grow fonder of home

associations. He is active, compactly made, but generally below rather

than above the middle size. His natural capacity is excellent, but when

the mind is unimproved and no opportunity has been afforded for the

acquisition of new ideas, little can be expected from even the most

fertile understanding. All improvements have been the result of

observation, there being nothing original in any one, nor an iota new

under the sun. It is in the application of the natural elements only in

which one individual excels another, his capacity for excellence, of

course, favoring observation. As the bee sips honey from the flower, so

does man inhale the poetry of nature, daguerreotyping it upon his

understanding, either from the mountain's top, from the summit of the

ocean wave, or from the wreck of battle; so does the astronomer learn

from the firmament itself the relative proportions and distances, the

transits, eclipses, and periodical appearances of other worlds, than

that in which he lives, moves, and has his being; and so the man of

science collects and combines the very elements themselves, either to

purposes of destruction or towards the progress, improvement, and

almost perfection of human nature. The Canadian could only reason from

his own experience, and that was so exceedingly limited, that his

backwardness in enterprise is less to be wondered at than the eagerness

with which he copies the enterprise of others. The Canadian, like the

native of old France, is a thinking animal. He is ever doubting, ever

mistrustful. In spiritual matters, he is guided by his curate, who, if

he wishes to stand well with him, must meddle with nothing else. And

who will say that such a people are incapable of improvement?

Railroads, intercourse with others, and time, will yet make the

Canadian think for himself much sooner than they will influence others,

more naturally confiding, generous, and credulous than he is, but whose

very energy and bravery only cover a multitude of sins.

Lieutenant-General Sir Gordon Drummond met the parliament of Lower

Canada on the 26th of January, 1816. He informed the two Houses that

the Regent had committed to him the administration of the government of

Lower Canada, that he had entered on the duties of his trust with a

deep sense of their importance and with a more earnest desire to

discharge them for the general advantage of a province in the capital

of which he had been born; the King was no better in health, but had no

corporeal suffering and only continued in a state of undisturbed

tranquillity; Buonaparte had been exiled and the family of Bourbon

restored to the throne of their ancestors; Waterloo had consummated the

high distinction obtained by the British forces under Wellington. He

recommended the renewal of the Militia Act, and in consequence of many

discontented adventurers, and mischievous agitators, from the continent

of Europe, having thrown themselves into the neighbouring States, he

strongly recommended the immediate revival of the Act for establishing

regulations respecting aliens, with such modifications as circumstances

might render it proper to adopt; the executive government had redeemed

its pledge by calling in and paying with cash the army bills which were

in circulation; a statement of the revenue and expenditure of the past

year would be laid before the Assembly; the Prince Regent viewed with

much pleasure the additional proof of patriotism afforded by the sum

voted towards the completion of a proposed canal from Montreal to

Lachine; His Majesty's government duly appreciating the many important

objects with which the canal was connected, were interested in its

early execution; and he awaited only further instructions upon the

subject to carry it into effect. He pressed upon the attention of both

Houses the importance of further promoting the internal improvements of

the province. He trusted that this session of parliament would be

distinguished for accordant exertion and for efficient dispatch in

conducting the public business; and for his own part, he could assure

honorable gentlemen that he would most cordially co-operate in every

measure which might tend to advance the interests and promote the

welfare of the province. His Excellency the Administrator-in-Chief made

allusion to his native city after the manner of a somewhat notorious,

if not a celebrated judge of the present time, who was accustomed to

boast in the Assembly of being the representative of his native city.

Sir Gordon, however, only meant to be conciliatory, and indeed there

was no objectionable egotism in a governor putting himself forth as a

colonist by birth, or in one sense placing himself on a level with the

governed. The pity is that so few governors had even that interest in

Canada which, to however limited a degree, must have weighed with Sir

Gordon Drummond. The House was glad that a native of Quebec had so

distinguished himself as a soldier, and indeed in all else, echoed His

Excellency's speech.

The transaction of business had hardly begun when a message was

received from the Administrator-in-chief. His Royal Highness, the

Regent, had commanded His Excellency to make known his pleasure to the

House of Assembly on the subject of certain charges preferred by the

House against the Chief Justices of the province and of Montreal, in

connection with certain charges against a former governor, Sir James

Craig. The Regent was pleased to say that the acts of a former governor

could not be a subject of enquiry, whether legal or illegal, as it

would involve the principle that a governor might divest himself of all

responsibility on points of political government; the charge referred

by the Regent to the Privy Council, was only such as related to the

Rules of Practice, established by the Judges, in their respective

Courts, and for which the Judges were themselves solely responsible;

and the Report of the Privy Council was that the Rules of Practice

complained of were made not by the Chief Justices alone, but in

conjunction with the other Judges of the respective Courts, as rules

for the regulation and practice of their respective Courts, and that

neither the Chief Justices, nor had the Courts in which they presided,

exceeded their authority in making such rules, nor had they been guilty

of any assumption of legislative power. Further, His Excellency was

commanded to express the regret with which the Regent had viewed the

late proceedings of the House of Assembly against two persons who had

so ably filled the highest judicial offices in the colony, a

circumstance calculated to disparage their character and services, in

the eyes of the inconsiderate and ignorant, and so diminish the

influence which a judge ought to possess. The other charges with regard

to the refusal of a writ of _Habeas Corpus_, by Mr. Chief Justice Monk,

of Montreal, were considered to be totally unsupported by any evidence

whatever. The message from the administrator, by order of the Regent,

had been somewhat too soon communicated to the Assembly for "accordant

exertion" in legislation. A call of the House was ordered for the 14th

of February, and the message was to be referred to a committee of the

whole on that day. That day came and the committee of the whole

referred the message to be reported upon by a select committee of nine

members, and the report of the committee was to the effect that a

humble representation and petition to the Regent must be prepared, and

that before doing so, the sense of the House, as expressed in a

committee of the whole, should be obtained. Accordingly, the House

again resolved itself into committee, on the 24th, when it was reported

that the House in impeaching the Chief Justices was influenced by a

sense of duty, by a desire to maintain the laws and constitution, and

by a regard for the public interest, and for the honor of His Majesty's

government; that the House was entitled to be heard, and to have an

opportunity of adducing evidence in support of the impeachments; that

the opposition and resistance of the Legislative Council prevented the

appointment of an agent from the Assembly, to maintain and support the

charges; and that a petition should be presented to the Regent,

appealing to the justice of His Majesty's government and praying that

an opportunity might be afforded to the Commons of Canada to be heard

and to maintain their charges. The resolutions were adopted by a very

large majority of the House, and a special committee was appointed to

prepare an address in accordance with the resolutions. But before this

could be done, Sir Gordon Drummond, in accordance with his

instructions, dissolved the House. He prorogued the parliament on the

26th, because his reasonable expectations, with regard to their

diligent application to the business which he had recommended to their

attention had been disappointed; because the Assembly had again entered

upon the discussion of a subject on which the pleasure of the Regent

had been communicated to them; and because, he, therefore, felt it to

be his duty to prorogue the present parliament, and to resort to the

sense of the people by an immediate dissolution. Only one Act received

the royal assent, that to regulate the trial of controverted elections.

The writs for the new elections were issued in haste. Indeed so early

as the month of March, they were completed, the greater number of the

members of the previous Assembly having been re-elected. But before

even the elections had been completed, General Drummond was notified of

the appointment of Sir John Sherbrooke, the Lieutenant-Governor of Nova

Scotia, to the Governor-Generalship of British North America, and

leaving Major-General Wilson in temporary charge of the government, he

sailed for England on the 1st of May.

It is impossible to speak of Sir Gordon Drummond's civil government.

The measures which he proposed were well calculated to benefit the

country. He was thwarted, possibly in good intentions, by the commands

of the imperial government, requiring him imperatively to obtain the

submission of the colonial legislature to Downing-street dictation,

without remonstrance. A colonial legislature, tethered as it is, and

ever will be, until the Governor is elected by the people, to English

administrative incapacity might, with no lack of prudence, have been

permitted rope enough to wander round the tethering post, so that it

would only have been at considerable intervals that the effect of the

tethers would have been in any degree galling or even felt.

In 1815, the revenue of Lower Canada amounted to £150,273 currency, the

expenditure to £125,218 sterling, in which was included £16,555 for the

erection of the gaol in Quebec; £26,439 for militia services; and

£35,325, the proportion of duties to Upper Canada. Only 194 vessels of

37,382 tons, were cleared at Quebec, not taking into account ten new

vessels of only 1,462 tons altogether, hardly equal to the tonnage of a

single vessel of the present day.

Sir John Sherbrooke did not arrive at Quebec until the 21st of July. He

was then received with all the honors due to his rank and station.

Every body was as obsequious as any body could be, and great things

were, of course, expected from the new man. Nor was Sir John deficient

in ability. He had been most successful in his government of Nova

Scotia, and he had been most prudent in his negotiations with the

people of Maine. He had too an opportunity for acquiring popularity

immediately on his arrival, and he did not suffer the opportunity to

escape him. The wheat crop had failed in the lower part of the district

of Quebec. The days though warm as usual were succeeded by cold frosty

nights, which killed the wheat. There was indeed a prospect of a

famine. Representations of anticipated distress, came pouring in upon

him from first one parish and then another. A less decided man would

have called upon the provincial parliament to have acted as became the

emergency. Sir John threw open the King's stores, and on his own

responsibility, advanced a large sum of money from the public treasury,

for the purchase of such supplies as the imperial store-houses did not

afford. The season, in Lower Canada, he knew was a short one, and to

have procrastinated would have been fatal to the farmer.

Nor was Sir John less prudent in other matters. He saw the mistake

committed by his predecessor with regard to the impeachments and he

endeavored to avoid any similar mistake. He wrote to England for

instructions, taking care to inform the Minister of State for the

Colonies of the true state of public opinion in the province. He

represented that the appeal to the people by Sir Gordon Drummond had

entirely failed; the people were irritated at the appeal to them under

such circumstances; the dissolution of a parliament was not, in his

opinion, at any time calculated to do much good, but was often

seriously productive of evil; in a small community it was more

difficult to correct public opinion than in a larger one; he would

carry out whatever instructions should be given to him; but these were

his views and he would await an answer. He went still further. He

informed the Colonial Secretary that Chief Justice Sewell was

unpopular, not with the Assembly alone, but with all classes of the

people. No matter whether the feeling proceeded from the acts and

calumnies of designing demagogues, it existed. It was indeed believed

in the Palace of the Roman Catholic Bishop, and in the cottage of the

humblest peasant, that Chief Justice Sewell had outraged their feelings

of loyalty and religion. When Attorney-General, Mr. Sewell had

maintained doctrines and supported measures that clashed with the

religious opinions of the Canadians. A dislike, amounting to

infatuation, had been confirmed by the part which he was supposed to

have taken in the government after his promotion. It was this gradually

increasing dislike which had led to his impeachment. Sir John believed

that a hearing to both parties, on the impeachment, even had the

decision been the same, would have been conducive to the peace of the

province, as it would have deprived the party hostile to the Chief

Justice of a pretext of complaint, by which, in a free country, the

people will always be interested. The impression was that the

government of England had come to a decision on an _exparte_ hearing.

Chief Justice Sewell should have been permitted to retire on a pension.

That step would have had the effect of getting rid of a grievance.

Agreeably to his instructions, he would support the Chief Justice even

should the wrath of the Clergy be the result. He would also cultivate a

good understanding with the Roman Catholic Bishop, but neither argument

nor coercion could destroy public opinion. Prorogation might succeed

prorogation, and dissolution, but there would be a revolution in the

country sooner than a change in the feelings of its inhabitants with

regard to Chief Justice Sewell. He would suggest the appointment of an

agent in England, as had long been desired, and as had been effected in

almost every other colony. The opposition to this measure was even

ascribed to the Chief Justice. He would further suggest that Mr. Stuart

should be detached by motives of self-interest, from the party with

whom he acted, and which it was supposed, would dwindle into

insignificance without him. If the Attorney-Generalship should become

vacant, it might be offered to him. The most fruitful source of all the

dissensions in Canada was, nevertheless, according to Sir John

Sherbrooke, the want of confidence in its executive government,[28] not

so much in the personal character of the Governor as in the Executive

Council, who have come to be considered the Governor's advisers, and

who are watched with a jealousy that hampered every governmental

operation. To remove the distrust, the Speaker of the Legislative

Assembly should, _ex officio_, be a member of the Executive Council.

[28] True, and which an elective government will altogether

remove, to the great advantage and enduring honor of Great

Britain.

Sir John had stated a series of truths, since made apparent, by the

disclosures of Mr. Ryland.

The new parliament was convened for the dispatch of business, on the

15th of January, 1817, when Mr. Papineau was re-elected Speaker. The

Governor then formally opened the business of the session, by stating

that having ascertained that the crops had failed in several parts of

the province, he had taken steps to prevent the mischief that

threatened the country, the particulars of which should be laid before

the parliament; that he relied upon the liberality of the Assembly to

make the necessary provision for defraying the expenses already

incurred; that he felt assured such further aid would be granted as

necessity might require; that he would lay before the House a statement

of the revenue and expenditure of the province: that he felt it to be

his duty to call early attention to the renewal of the militia and

several other Acts, which either had expired or were about to expire;

and he intimated that the advantages to result from every improvement

calculated to open up the commerce of the country and encourage

agriculture were of themselves sufficient to recommend that matter to

their attention. The Assembly replied in the usual way and immediately

afterwards appointed the committees. There was a grand committee of

grievances, a committee on courts of justice, a committee on

agriculture and commerce, and a special committee of five members to

keep up a good understanding between the two Houses, hitherto

antagonistic. Immediately after these committees had been named, a

message was received from the Governor, intimating that the Regent of

the United Kingdom and of the Empire had been pleased to assent to the

bill granting a salary of £1,000 a year to the Speaker of the Assembly.

The House then voted £14,216 to relieve the distressed parishes, with

the view of making good the advances made by the Governor, and also

voted the additional sum of £15,500, with the same view, and £20,600

more, for the purchase of seed grain, for distribution among such as

could not otherwise procure it, to be repaid at the convenience of the

recipients. This business being settled, Mr. Cuvillier presented to the

House articles of impeachment against Mr. Foucher, a Judge of the

King's Bench, at Montreal, for malversation, corrupt practices, and

injustice. A committee was appointed to examine into these charges, and

having reported adversely to the judge, the House prepared and adopted

an address to the Regent, asking for Mr. Foucher's removal from office,

and that justice should otherwise be done. The House further requested

the Governor-in-Chief to suspend Mr. Foucher, while the charges made

against him were pending. The Governor complied with the request of the

House, by desiring Mr. Foucher to abstain from taking his seat upon the

Bench, until the will of the Regent should have been ascertained. The

Legislative Council were most indignant. They remonstrated against the

suspension of Mr. Foucher. Every public officer was by the assent given

to the act of the Assembly, liable to be put to the expense of going to

England before he could even get a hearing, if at the mere dictation of

the Assembly, a public officer was to be suspended. The Assembly

replied that, if suspension could not take place, offenders, out of the

reach of ordinary courts of justice, could not be brought to trial, and

that an illegal, arbitrary, tyrannical, and oppressive power, over the

people of the province, would be perpetuated. And so the suspension did

take place. The judges were in very bad odour in those days. They were

between two fires. If they thwarted the government, they were

dismissed, and if they annoyed the people they were impeached. Another

complaint was made against Mr. Chief Justice Monk. He, it was alleged

by the family of the late François Corbeil, had exceeded his authority,

by issuing a warrant for the arrest and imprisonment of Corbeil, on a

charge of treasonable practices, well knowing that such changes were

notoriously false, and, by so doing, had accelerated or caused the

death of Corbeil, the disease of which he died having been contracted

while in prison. Mr. Samuel Sherwood also complained, on his own

behalf, against the Chief Justice of Montreal. It appeared that he had

been prosecuted and imprisoned for libel, in having burlesqued the

pamphlet published and circulated by the Chief Justices in Montreal and

Quebec, to show to the public and their friends that the impeachments

against them had fallen through. At the trial for the libel, Mr. Chief

Justice Monk presided. He seemed to be both prosecutor and judge. The

jury box was packed. The court was specially held. The indictment

against Sherwood had been framed on suspicion. In the pretended libel

the name of James Monk was thirty times mentioned, and yet James Monk,

in the character of Chief Justice, sat upon the Bench. He took a lively

interest in the prosecution. He had fiercely assailed a member of the

Bar, who had smiled during the reading of the indictment, and

threatened to remember the smile in his address to the jury. Such an

example of a judge, sitting in his own cause, was not even afforded by

Scraggs or Jefferies. Mr. Sherwood had been falsely imprisoned,

arbitrarily held to excessive bail, his liberties, as a British

subject, violated, and his privileges as a member of the Assembly had

been set at nought. The petition was referred to a select committee,

and no more heard of. Yet it had an effect. Chief Justice Monk was

compelled to explain and to defend himself.

There was yet another similar matter to be proceeded with. There was

the revival of the impeachments to be taken in hand. The House had been

clumsily baulked in their attempt to remonstrate with the Regent

concerning his will and pleasure, as far as his royal will and pleasure

related to the impeachments of Chief Justices Sewell and Monk, and

there seemed to be a _sub rosa_ disposition to get rid of the

disagreeable affair by management. Mr. Stuart, keen-sighted as he was,

both saw and felt that the tools, with which he worked, required

sharpening up. They had been handled. They had been in other hands than

his. They had apparently been rendered almost unfit for use. He would,

however, move for a call of the House, on the 21st of February. The

cards had been admirably shuffled. The Panets, Vanfelsons, Gugys,

Ogdens, Vezinas, Taschereaus, Malhiots, Cherriers, were all wonderfully

intermingled in an adverse vote. The motion was rejected by a vote of

23 nays to 10 yeas. Mr. Stuart tried the 20th of February. Still it

would not do. The Assembly had become suddenly tired of impeachments.

Again, the matter was tried on the following day, when the House

consented not to revive the impeachments but to reconsider the message

addressed to the Assembly on the 2nd of February last, by the late

Administrator-in-Chief. Mr. Stuart had some business to transact in

Montreal, and he left Quebec to attend to it. During his absence the

impeachments were forgotten; his measures were paralysed by _sub rosa_

negociation; Mr. Sewell was recompensed for the ill-treatment he had

experienced, and the government was relieved of anxiety. The Speaker of

the Assembly was informed that for this parliament as well as for the

last parliament he would be permitted to receive £1,000 a year, and

that Mr. Sewell, who, as Chief Justice, was Speaker of the Upper House,

might be recompensed for his ill-treatment, by the attachment of a

salary of £1,000 to an office which it was designed he should hold for

life. The Assembly, accordingly, applied to His Excellency to _allow_

their Speaker £1,000 a year, and to confer some signal mark of the

Royal favor on Dame Louise Philippe Badelard, widow of Mr. Speaker

Panet. His Excellency, the Governor, unhesitatingly complied with the

request of the Assembly, the more especially as on the request of the

Council he had consented to a similar salary being paid to their

Speaker, and he had further pleasure in authorising the payment of a

pension of £300 a year, to Dame Louise Philippe Badelard. The whole was

most cheerfully agreed to by all the parties interested, and thus was

the Legislative Assembly of Lower Canada betrayed and dealt with for

the consideration of a few thousand pieces of silver. On the 17th of

March, Sir John Sherbrooke intimated by message that he had conferred

upon the two honorable Speakers the salaries of £1,000 each per annum.

Two days afterwards, Mr. Sherwood moved that the message of the late

Administrator-in-Chief should not be considered until the 27th of

March, and that a call of the House should be made for that day. Mr.

Ogden, however, bluntly moved for the discharge of the order of the

day, and that the subject should not be taken into consideration at all

during the session. The debate was loud and long continued. James

Stuart and Andrew Stuart were brilliant; the Gugys, the McCords, and

the Ogdens, were dumb. The Vezinas, the Vigers, the Panets, the

Languedocs, and the Badeaux, had changed sides. Night came and still

the debate continued, the midnight hour was passed and yet the war of

words was fiercely going on, and morning came only to find the

impeachments, which the Assembly had so long cherished, finally buried

in oblivion, by 22 votes in favor of the abrupt motion of Mr. Ogden,

while there were only 10 votes against it. Mr. Stuart was abandoned.

There was now a greater than he to lead the Assembly. Sir John Coape

Sherbrooke thoroughly understood the materials with which he had to

deal, and he dealt with them accordingly. The Assembly had no longer

independence: spirit, self-respect, power was sacrificed for that which

gives wisdom to the foolish and judgment to the weak. The sum of

£55,000 was appropriated for the improvement of roads, canals, and

bridges; £2,000 was voted for the encouragement of inoculation with

vaccine virus as a preventative of small pox; the revenue for 1816 was

£144,625; the expenditure £75,638, less £24,495, the proportion of

duties payable to Upper Canada for 1815; the expenses of the

legislature for the same period were £3,203 currency; the salaries of

the judges were now £1,000 currency per annum each, and yet at the

disposal of the legislature there was the sum of £140,153.[29] The

session was closed on the 22nd of March, by receiving the thanks of the

Governor General for the extraordinary application to business which

had distinguished this session from any preceding session of the

parliament of Lower Canada.

[29] Christie's History, page 290.

In the course of the summer (1817) three hundred and three vessels with

five thousand three hundred and seventy-five new settlers had arrived

at Quebec, and banks were established both in Montreal and Quebec,

named after the cities in which they were set afloat. About the 15th of

November it was remarked that the Montreal Bank had commenced with

quite an unexpected confidence from every part of the community, so

much so that the merchants were realising more convenience from it than

they ever anticipated; and that since it had commenced business, the

profits were reported to have been immense.

In 1816, a settlement of emigrants was begun, under the direction of

the military, in Bathurst, Drummond, Beckwith and Golbourne. The first

settlers of Canada had a free passage afforded them from the United

Kingdom, and were provided with rations and tools on their arrival in

the colony. In 1816, rations and tools were furnished to 2,000

emigrants, who came out at their own expense, and in 1817 multitudes

came out in the expectation of being favored in the same way, but were

disappointed, nothing having been given to them but 100 acres of land

each, which many of them were too poor to occupy.[30] There were not

yet seven persons to the square mile, in the Upper Province. There were

only twenty places of worship and thirty-five resident preachers:--fifteen

methodists, five baptists, four quakers, three presbyterians, three

Roman Catholics, three episcopalians, one tunker and one menonist--in

the Western, London, Gore, and Niagara districts, with a population of

26,977 souls; and there were for the same population, 20 medical

practitioners, 132 schools, 114 taverns, 130 stores, 79 grist-mills,

and 116 saw-mills. The Home district contained 7,700 people; the

Newcastle, 5,000; the Midland, 14,853; the Johnstown, 9,200; the

Eastern, 12,700; and the Ottawa, 1,500; the total population of Upper

Canada being then estimated at 83,250 souls. York, the capital of the

Upper Province, situated on a beautiful plain, in a rich soil, and

temperate climate, was, at this period, more than a mile and a half in

length. It was laid out in regular streets, lots, and squares, having

the garrison, and the site of the parliament house on its two wings,

and a market near the centre. There was a public square open to the

water. Many neat and some elegant houses had been erected. The town had

a mixed appearance of city and country. Kingston was yet the town of

most note and indeed, in every respect, the most entitled to civic

consideration of any town then in the province. Parallel with its

spacious and convenient harbour were the streets, at convenient

distances from each other, and intersected, at right angles, by cross

streets, dividing the town into squares. One square was an open public

area in front of the Court House, and gaol, and episcopal church. The

market was held in that area. But there were other public buildings in

Kingston, besides the Court House, gaol, and episcopal church. There

was a new catholic church, a barracks for the troops in garrison, an

hospital, and a residence for the commandant. The town consisted of 300

private dwelling houses, a number of warehouses and stores, about 50

shops, in which goods were sold, several public offices, a respectable

district school, a valuable library, mechanics' shops &c. The Court

House, gaol, Catholic Church, and the principal dwelling houses were

built of the bluish limestone obtained in large quantities in the

middle of the town; but were more substantial than elegant in design.

Kingston wanted a populous back country then, and still wants it

because the soil is stoney and not therefore so well adapted for

agricultural operations as the soils of other parts of the province.

The Upper, as well as the Lower province had profitted by the

circulation of army bills and by the requirements of the troops.

Government transactions had given a spirit to trade and industry, and

only for a system of government, which, as far as any government can

do, crushed enterprise and fettered trade, both provinces would have so

flourished immediately after the war that the reaction which the

withdrawal of a few troops produced would scarcely have been felt. As

matters stood the provinces were already flourishing, and schemes of

improvement were everywhere in contemplation. Steam navigation, which

had proved so useful on the St. Lawrence, and had, as it were, drawn,

the two chief cities of the Lower Province more closely together, was

about to be attempted on Lake Ontario. Already the keel of a steamboat,

to be 170 feet on deck, was in process of construction at the village

of Ernest-town, for certain gentlemen resident in Kingston. If

possible, the new boat was to transport both goods and passengers for

the whole extent between Queenston and Prescott. It was, however,

feared that the rough water of the lake would be too much for any

steamer to contend against. The Americans were also building a smaller

steamboat at Sackett's Harbour. A year later and the steamboat

_Walk-in-the-Water_, plied between Black Rock, near Buffalo and

Detroit, on Lake Erie, occasionally to Michillimackinac.

[30] Gourlay's Canada, page 523. vol. 1.

The legislative affairs of the Upper Province have as yet hardly

warranted comment. There were so very few people in the province for

whom legislation was necessary, and there was so much sameness about

the business transacted in parliament that comment was barely needful.

At first sight it seems that all went smoothly. There could not have

been factionists where there were no French people entertaining

seditious ideas and cherishing revolutionary projects. But red-tapism

is every where the same. In Upper as in Lower Canada, there were only

two legislative branches, a Lower, or People's House, a Crown, or Upper

House. There was also a certain amount of Crown influence in the Lower

House, which made constitutional government a sham. The freedom of

speech was not even permitted to some members of the Assembly; and it

was quite impossible to hint at corruption in those times, far less to

insist upon the nomination of a corruption committee. There was a

continued interruption of harmonious intercourse between the

Legislative Council and the Legislative Assembly. As the Assembly of

Lower Canada had done and had been treated with regard to an offer to

defray the expenses of the civil list, so precisely had the Assembly of

Upper Canada acted, and so had they been treated, when an exactly

similar offer was made. And why? Because the legislative and executive

functions were united in the same persons. His Majesty's Executive

Council was almost wholly composed of the members of the Legislative

Council. Both Councils then consisted of the Deputy Superintendent

General of the Indian Department, the Receiver General, the Inspector

General, the Chief Justice, the Speaker of the Legislative Council, and

the Honorable and Reverend Chaplain of the Legislative Council. The

Upper House was the mere instrument of some designing confidential

secretary to a weak-minded or, at least, credulous governor. Nay, it

was said that "ruffian magistrates" abounded in those days along the

banks of the St. Lawrence, from Brockville to Cornwall, inclusive, the

Lieutenant-Governor being held in leading strings, by the Honorable and

Reverend Chaplain of the Legislative Council of Upper Canada and one of

His Majesty's Executive Councillors for that province.[31] It is indeed

asserted that after the passage of the Sedition Act of 1804, the

misrule of Upper Canada came to a pitch so extraordinary, that it was

exclaimed against from the Bench, while a jury applauded. Governor Gore

appeared to have been creating at the same time, and with the same

effect, those treasonable practices which were so pleasing to Mr.

Witsius Ryland, in Lower Canada, and which had evidently been stirred

up, by the men-in-office, with the view of depriving both provinces of

the "exact image and transcript of the British constitution," with

which the Canadas had been favored in 1791. Until the invasion, in

1811, political discontent was loud and incessant, as well in Upper as

in Lower Canada; and it was the misrepresentations of the governing

party and the outcries of the governed in both provinces, that induced

the government of the United States to make war, on false pretences,

upon the government of Great Britain. There were persecutions for

opinion's sake in Upper as in Lower Canada. The newspaper was as odious

to the government in one province as in the other. In 1806, a sheriff

of the Home District, in opposition to the will of the Governor, voted

at an election. He lost the shrievalty for his stubborn independence.

Thrown upon his own resources, he established a newspaper, which he

called _The Upper Canada Guardian, or Freeman's Journal_. He spoke with

considerable freedom of the governor. He attacked the ministerial

party. He exhibited abuses with wonderful dexterity and skill. The

ex-sheriff, Joseph Wilcocks, was rapidly rising into note. It was time

to restrain him. A Captain Cowan was induced to be his persecutor. The

truth rapidly becoming dangerous to those whose business consists in

concealing the truth, cannot always be told with safety. Wilcocks

alleged that the Governor or his Executive Council had bribed several

members of the Assembly with land, to induce them to vote against the

interests of their constituents. Captain Cowan knew that the assertion

was without foundation. Wilcocks was prosecuted but was acquitted,

gained popularity in return for his persecution, and ultimately

obtained a seat in parliament. There was no more freedom for Wilcocks

in parliament than out of it. For some extra freedom of speech on the

floor of the House, he was thrust into prison. Nevertheless, he

acquired an ascendancy in the Assembly, to the great regret of the

ministerialists. He became still more the object of governmental wrath,

and when the war broke out, he was deprived of his paper. In 1812, he

fought as a volunteer against the Americans. He was present at the

battle of Queenston. He did all that within him lay, for his country

and for his king; but the government of the province hated and

persecuted him, so that starving and exasperated,[32] he deserted to

the enemy, carrying with him a corps of Canadians. Joseph Wilcocks, who

was an Irishman of good family, and who was persecuted by the

office-men of Upper Canada, to the prejudice and without the knowledge

of the British government, was driven into hostile opposition to

Britain by the most petty and contemptible tyranny of a few fellow

colonists holding office, and was killed during the siege of Fort Erie.

Had war occurred while Sir James Craig held Bedard in gaol and kept the

_Canadien_ printing press in the vaults of the Court House, at Quebec,

it is difficult to say whether a feeling very different to that

elicited by the prudent management of Sir George Prevost, might or

might not have been exhibited. The government of the province should

from the very outset have been only responsible to the people of the

province, and Great Britain have only maintained in acknowledgement of

her supremacy a military protectorate of British North America. But

Francis Gore, Esquire, Lieutenant-Governor of Upper Canada, again met

the parliament of that province, on the 6th of January, 1816. The

business done consisted in an Act to alter the time of holding Courts

of Quarter Sessions in the London and Johnstown districts, an Act to

repeal part of the Act constituting the counties of Prescott and

Russell a separate district, under the name of the District of Ottawa;

an Act to make more effectual provision for the collection of the

revenue; an Act to provide for the appointment of Returning Officers;

an Act to extend the jurisdiction of the Court of Requests; an Act to

provide, for a limited time, for the appointment of a Provincial

Aid-de-Camp, to be appointed by the Governor, and to have ten shillings

a day in war, and five shillings a day in peace; an Act to provide £165

a year for the Adjutant-General of Militia; an Act to enable the

Governor to establish one or more additional ports of entry; an Act to

remunerate William Dummer Powell, Esquire, in the sum of £1,000, for

his services in ascertaining titles to land; an Act repealing part of

an Act for granting to His Majesty an additional duty on shop and

tavern licences; an Act to amend an Act to prevent damage to travellers

on the highways; an Act to grant relief to Catherine McLeod, whose son

was killed in war; an Act to relieve Charlotte Overholt whose husband

had been peculiarly killed; an Act to extend the limits of the town of

Niagara; an Act granting £799, as a provision for the contingent

expenses of both Houses of Parliament; an Act to relieve persons

holding lands in the district of Niagara, whose title deeds,

conveyances, or wills, had been destroyed when the enemy burnt the

town; an Act to continue the Act for the appointment of Returning

Officers; an Act to alter and extend the provisions of the Act granting

pensions to the widows and children of persons killed in the king's

service; an Act authorising the construction of a gaol and Court House

in the town of York; an Act to erect the District of Gore out of

certain parts of the Home and Niagara Districts; an Act granting £425

4s. 6d. to several inspectors who disbursed that amount for teamwork

and the apprehension of deserters; an Act to revive the Act affording

relief to persons entitled to claim lands in the province, as heirs or

devisees of the nominees of the Crown, in cases where no patent had

issued; an Act to grant annually, for four years, £470, as an increase

to the salaries of certain officers of the Council and Assembly; an Act

granting, £513 for the repair of certain highways; an Act appropriating

£800 for the purchase of books for the formation of a library for the

use of both Houses; an Act to continue an Act to facilitate the

circulation of Lower Canada army bills; an Act appropriating £2,500

annually for defraying the expenses of the civil administration of the

government; an Act to increase the salary of the present Speaker of the

Assembly, and to remunerate the present Speaker for past services,

granting £800 as four years' additional salary, and, in future, £200 to

be paid annually, in addition to the former annual payment of £200; an

Act regulating the trade between the United States and the province,

permitting the Governor to make regulations as to duties, but not

prohibiting the admission of wheat, flour, peas, beans, oats, barley,

and all other articles of provision and travellers' baggage; an Act to

continue for a limited time the provisional agreement entered into

between Upper and Lower Canada, relative to duties; an Act

appropriating £155 7s. 3d., to remunerate Elizabeth Wright, whose

husband was a tailor, for militia clothing; an Act appropriating £1,000

as an encouragement for the cultivation of hemp; an Act regulating the

police within the town of Kingston; an Act granting to His Majesty

duties on licences to hawkers, pedlars, and petty chapmen, and other

trading persons; £10 to be the cost of a license to a person travelling

on foot; £10 for every horse, ass, mule, or other beast of burden; £5

for every other beast; £50 for a decked vessel; £40 for every boat; and

for every non-resident of the province £50 a year; an Act providing a

salary of £500 a year for a Provincial Agent in Great Britain, to

correspond with the Governor and with the Speakers of the Legislative

Assembly and Legislative Council, who was to be removed on addresses

from the Legislative Council and Legislative Assembly; an Act granting

£6,000 to His Majesty for the use of common schools; to the Home

District £600 annually; to the District of Newcastle £400; to the

Midland District £1,000; to the District of Johnstown £600; to the

Eastern District £800; to the London District £600; to the Gore

District £600; to the Niagara District £600; to the Western District

£600; and to the Ottawa District £200; an Act granting £21,000 for the

building and repairing of bridges and for the repairing of highways; an

Act granting £1,000 to defray the expenses of any commission for

ascertaining titles to lands in the Niagara District; and an Act to

repeal and amend part of an Act for laying out and repairing the public

highways.

[31] Gourlay, page 512, vol. 2.

[32] Gourlay, page 316, vol. 2.

Parliament was again assembled on the 4th of February, 1817, by

Governor Gore, during the session of which an Act was passed providing

for the representation of the commons of the counties of Wentworth and

Halton in parliament; also an Act to establish a police in the towns of

York, Sandwich, and Amherstburgh; an Act granting to His Majesty £2,578

for the administration of justice; £900 for the Lieutenant-Governor's

Office; £737 for the Office of the Receiver General; £2,300 for the

Surveyor General's Department; £650 for the Executive Council Office;

£36 for the Crown Office; £90 for the Attorney General's Office; £400

for the Secretary's Office; £200 for the Registrar of the Province;

£620 for the Inspector General's Office; £620 for pensions to wounded

officers; £400 for four clergymen; £50 for one minister of the Gospel;

£200 for repairs to Government House; and £500 for casual and

incidental expenses; an Act to establish a market in the town of

Niagara; an Act to repeal, amend and extend the Act granting pensions

to persons disabled in the service, and to the widows and children of

persons killed in war; an Act granting £1,576 0s. 8d. for the clerks

and for the contingencies of the last session of parliament; an Act in

part repealing and in part altering and amending an Act providing for

the appointment of parish and town officers; an Act to continue the Act

making provision for certain sheriffs; and an Act to enable the

commissioner of gaol delivery and Oyer and Terminer to proceed,

although the Court of King's Bench be sitting in the Home District, for

which they are commissioned.

This parliament was prorogued suddenly and unexpectedly, on the 7th of

April, 1817. The sudden prorogation was resorted to because the

Assembly had, on the 3rd of April, resolved itself into a committee of

the whole to take into consideration the state of the province. The

propriety or expediency of preventing immigration from the United

States, was to be discussed; the management of the Post Office

establishment was to be examined into; the manner of the disposal of

the Crown and Clergy Reserves was to be looked at; and the granting

lands to the volunteer flank companies, and the incorporated militia

who served during the late war, was to be investigated. It was resolved

to present an address to the Lieutenant-Governor, requesting him to

inform the Assembly, whether any orders had been received from England,

making an allotment of lands to the volunteer and incorporated militia,

who served during the war. The Assembly further resolved that an Act

had been passed in the reign of George the Second, for naturalizing

such foreign protestants as were then or should thereafter be settled

in any of His Majesty's colonies in North America; that an Act had been

passed in the thirtieth year of the reign of George the Third, for

encouraging new settlers in His Majesty's North American colonies; and

that these Acts were expressly enacted for facilitating and encouraging

the settlement of His Majesty's American dominions.

The good resolutions of the Assembly were, however, frustrated by His

Excellency the Governor, who, having assented to several bills, and

reserved for His Majesty's pleasure, a bill for a Bank and another to

enable creditors to sue joint debtors separately, summoned the Commons

to the Bar of the Legislative Council, and thus addressed the

Parliament:--The session of the legislature has been protracted by an

unusual interruption of business at its commencement and your longer

absence from your respective avocations must be too great a sacrifice

for the objects which may remain to occupy your attention. I come to

close the session and so permit you to return home. In accepting the

supply for defraying the deficiency of the funds which have hitherto

served to meet the charges of the administration of justice, and

support of the civil government of this province, I have great

satisfaction in acknowledging the readiness manifested to meet this

exigence.

In this session of parliament, Mr. James Durand, a member of the

Assembly, for Wentworth, was accused of having issued an address to his

free and independent electors, which was a libel upon the

Lieutenant-Governor, and a gross, false, and malicious libel on the

members of the late House of Assembly. Mr. Durand admitted the

publication of the address, but denied that he had spoken

disrespectfully of the Governor, and asserted, on his honor, that he

never had any intention of doing so. If any gentleman, however,

believed that he had abused him, whether intentionally or

unintentionally, he was prepared to give him that satisfaction which

was due from one gentleman to another. Mr. Nichol was surprised that

any gentleman should have made an appeal to the laws of honor. The

people of Wentworth had sent Mr. Durand to parliament to be their

legislator, not their gladiator. Mr. Jones adduced authority from

Blackstone to prove the right of the House to enquire into the

libel--to prevent bloodshed. Mr. Durand contended that the House had no

authority to try him, and even if it had, the jury should be impartial,

whereas several members of the House felt themselves to be implicated

in the charge against him. Mr. Nichol considered that honour demanded

that all the members should remain to decide the question. Mr. Durand

protested against his accuser, and spoke flatteringly of the Governor,

whom he had not calumniated. Mr. Speaker rose to say that no

explanation to the House would do away with the malice of the

publication. The paper was before the world, which would draw its own

inferences. He thought there was no doubt about its being a libel on

the Lieutenant-Governor and the Honorable the Legislative Council, but

he was not prepared to say how far the House could take cognizance of a

libel against any former House of Parliament. A false, scandalous and

malicious libel was accordingly reported. Mr. Nichol moved for Mr.

Durand's committal to gaol. Mr. McNabb moved in amendment, that Mr.

Durand be required to appear at the Bar of the House and apologize, the

apology to be published in the _Upper Canada Gazette_, _St. Catherines

Spectator_, and the _Montreal Herald_, which amendment was lost by a

majority of three against it. The original motion was carried by the

same majority, when Mr. Nichol moved for the commitment of James

Durand, Esquire, to the common gaol of the district, during the

session, which was carried in the affirmative, by a majority of four!

His Excellency, Francis Gore, soon after this returned to England, and

was prosecuted in London, by the Surveyor-General of Upper Canada, whom

he had deprived of office maliciously and without cause. The Court in

London gave Mr. Wyatt, as plaintiff, damages to the amount of

£300.[33]. Governor Gore was succeeded in the administration of Upper

Canada, by the Honorable Samuel Smith, on the 11th of June, 1817. The

Little Pedlington proceedings of the Upper Canada parliament, during

this reign, are hardly worthy of remark. The same spirit still

continued to actuate both Council and Assembly, and the Governor lorded

it over both. The voice of the people was remarkable for nothing but

its weakness.

[33] It is not a little curious that the judge in summing up the

evidence in this case speaks of Upper Canada being an island.

Sir John Sherbrooke met the parliament of Lower Canada again on the 7th

of January, 1818. He informed the Houses that he had distributed the

seed wheat and other grain, for which a large sum had been voted during

the previous session, so immediately that the relief had been attended

with the happiest consequences. He had been commanded by the Regent to

call upon the provincial legislature to vote the sums necessary for the

ordinary expenditure of the province. He would lay before the Assembly

an estimate of the sums required. He would also submit the accounts of

the revenue and expenditure for the past year. And he anticipated a

continuance of that loyalty and zeal which had prompted the Assembly to

offer to meet the expenses of the government. The Assembly were proud

that their offer had been accepted. The public was satisfied that the

settlement of the civil list, and the control of the public

expenditure, should rest with the Assembly, and the reply to the speech

from the throne was a simple affirmative. Sir John Sherbrooke had

informed Lord Bathurst that the permanent expenditure actually exceeded

the revenue by nearly the sum of £19,000 a year; and that there was a

debt due to the provincial chest from the imperial treasury of

£120,000. The salaries of the clergy and pensioners never had been laid

before the Assembly, but had been thrown into a separate list, and

although paid in the first instance out of the civil chest had,

nevertheless, invariably been provided for out of the extraordinaries

of the army. He further informed the secretary for the colonies that,

in his opinion, it was desirable that the civil list should be wholly

provided for by the province. Lord Bathurst did not fail to take into

consideration the accumulation, during four years, of the annual excess

of the actual expenditure, beyond the appropriated revenue of each

year. He quite concurred in the opinion expressed by Sir John

Sherbrooke, that the annual settlement of the accounts of the province

and the government at home would have been at once the most expedient

course and most likely to prevent any interruption of a mutual good

understanding. Short accounts make long friends. As related to the

past, it was a question whether the legislature might not fairly be

considered as having sanctioned the appropriation, the extra

appropriation of the funds, by not objecting to it, when submitted to

their notice, or whether any further measures were required for

legalizing the appropriation itself, or for repaying the debt, which,

under other circumstances, might be considered due to the province.

With respect to some part of the expenditure, the silence of the

legislature must be interpreted into an approbation of it, for they

could not but think themselves bound to make good the deficiency of the

funds appropriated by themselves to specific objects, such as the

charge for the Trinity House, and the payment of the officers of the

legislature, which had uniformly exceeded the funds raised under the

Imperial Acts. He saw no objection to considering the silent admission

of the accounts, submitted to them, as an implied approbation of the

accounts themselves, and of the manner in which they had been

discharged. But with respect to the future, he considered it advisable

that the legislature should be annually called upon to vote all the

sums required for the annual expenditure of the province. The House was

to be prepared for the probable contingency of voting that part of the

civil list which provided for the stipends of the Roman Catholic

Clergy, and omitting the other part which had reference to the

Protestant establishment. The Governor in such case was to use every

means in his power to prevent a partial provision from passing the

Upper House, and if it did pass there, he was to withhold his assent.

He called the Governor's attention to the necessity of vigilantly

watching and guarding against any assumption, on the part of the

Legislative Assembly, of a power to dispose of money, without the

concurrence of the other branch of the legislature. This great

concession, with which every body was so pleased, was due to the

sagacity of Sir John Sherbrooke. He saw how easily it was to be turned

to favorable account. He saw that the Assembly would be extraordinarily

well pleased; and he further saw that the full power of the public

chest was all that the Assembly required to be fully in the power of

the government. In a word, they only needed the money power to corrupt

and to be corrupted.

An address to the Governor was next adopted, requesting His Excellency

to state whether or not the Prince Regent had forwarded to him

instructions concerning the impeachment of the Honorable Louis Charles

Foucher, one of the Judges of the King's Bench. Sir John Sherbrooke had

had a conversation with Mr. Ryland on the subject. The Clerk of the

Executive Council, and member of the Legislative Council, had even put

his opinion in writing, respecting the mode in which it might be most

advisable to carry into execution the instructions contained in the

despatch of Lord Bathurst, dated on the 5th of July, 1817. He was

strongly of opinion that the advice given to Sir John to convey a

judicial power to the Legislative Council, by commission, was founded

in error. The House of Assembly had acquired, by dint of perseverance,

and a gradual exercise of privilege, during a period of six and twenty

years, some of the most important privileges that attached to the House

of Commons, one of which was the power of preferring impeachments

against such public officers of the Crown in the colony as they might

deem deserving of punishment or removal from office; and, as a

counterbalancing influence, in the case of Mr. Justice Foucher, and in

all similar cases of impeachment by the Assembly, the adjudication of

the charges preferred against the party accused was to be left to the

Legislative Council, it being added to the instruction, as a reason for

the concession, that the party accused could sustain but little injury

from a temporary suspension, while, if ultimately pronounced guilty,

the advantage of an immediate suspension was unquestionable. Mr. Ryland

conceived that no other power or privilege was, however, intended to be

conveyed by the despatch to the Legislative Council than that of

sitting, as grand jurors of the province, upon accusations brought by

the Assembly against the public servants of the Crown, and that if the

charges brought by the Lower House were considered by the Council as

valid, His Majesty would then exercise the Royal Prerogative, either by

suspending from office or dismissing from his service the party

accused. He was strongly of opinion that a communication of the

substance of that despatch by a _solemn_ message to both Houses of

the Provincial Parliament, would be the utmost that either House could

reasonably require to enable them to proceed to a final adjudication,

as far as the Crown intended they should proceed, upon accusations

preferred against individuals by the Assembly. He was astonished at the

line of argument adopted before His Excellency for the purpose of

forcing an analogy between the Court of the Lord High Steward of

England and that which it was proposed to establish in Canada. The High

Court of Parliament took cognizance only of crimes committed by Peers

of the realm, upon indictments previously found in the inferior Courts.

He contended that Sir John Sherbrooke was not empowered to constitute

any tribunal but for the trial of offences recognised as such by

statute or common Law. If Mr. Justice Foucher was accused of any such

offence, the ordinary tribunals of the country could take cognizance of

it and inflict punishment. Mr. Ryland was deeply impressed with the

idea that the longer or shorter continuance of the province as an

appendage to the British empire would be dependent on the events of the

present or coming session of parliament. Mr. Ryland did not relish the

idea of the Legislative Council being deprived of its _constitutional

character_ by the supposition even that it might be compelled to

adopt a course of proceeding contrary to its own judgment. He thought

that the Legislative Council ought to be made parties to any accusation

adduced against a public officer by arrangement. There was no precedent

for a commission, and indeed, Mr. Ryland was in every way opposed to

the plan of leaving to the Legislative Council the adjudication of

charges preferred against public officers by the Assembly. Sir John

Sherbrooke could not understand the reasoning of Mr. Ryland. He agreed

with the Clerk of the Executive Council that a great change was to be

brought about in the system of the provincial government, especially

with respect to its finance; but, when it was considered that the

mother country was "at present" struggling with pecuniary

embarrassments, it was not surprising that ministers should call upon

the colonies to contribute to their own support. It was very obvious

that, ever since the present constitution had been given to Lower

Canada, the House of Assembly had been gradually obtaining an increase

of power, whilst the Legislative Council remained in _statu quo_.

The proper balance had consequently been lost and he knew of no better

mode of giving new weight and importance to the Upper House than the

measure devised by the Prince Regent that as often as the House of

Assembly should impeach, the Legislative Council should adjudicate upon

the case, and the Council having declared that they had not the power

to do so, some more formal instrument than a letter from the Secretary

of State to the Governor, to invest the Council with the necessary

authority to act, would be required. To the address of the Assembly an

answer was given in a message to both Houses. The message intimated

that the adjudication of impeachments by the Assembly was to rest with

the Legislative Council; that the Regent trusted that the Council would

discharge the important duties which thus devolved upon them in such a

manner as to give satisfaction to all classes of people in the

province; and that the Governor, not having had instructions, as to the

manner in which the adjudications were to be conducted, would apply to

the Regent for instructions and communicate them as soon as obtained.

The House of Assembly did nothing, as the wisest course to be pursued,

and the Council, now almost raised to a level with the House of Lords,

in its own estimation, expressed its thanks in a series of resolutions

offered by Mr. Ryland, for the confidence which His Royal Highness had

reposed in it. Mr. Ryland and some other members of the Council were

most anxious to adjudicate upon Mr. Foucher's impeachment at once; but,

says the Clerk of the Council, in a letter written subsequently to

Colonel Ready, the resolutions offered by me, which would have been

adopted by a majority of the legislature, were stifled or repressed by

artful and solemn asseverations made in the House for the purpose of

inducing a belief that the state of the Governor's health was such that

a further agitation of the business might endanger his life! And so

ended the Foucher impeachment matter for a time. An Act was passed for

the incorporation of a company to construct a navigable canal, on the

Richelieu, from Chambly to St. Johns, a work subsequently undertaken

and completed by the province, on a very inadequate scale, inasmuch as

the canal was only sufficiently large for batteaux, instead of being of

a size which would have permitted steamboat communication between

Quebec, _via_ Sorel, and the towns on Lake Champlain. The

estimates for the civil list amounting to £73,646, were voted after a

debate of a week; a night watch and night lights were provided for in

Montreal and Quebec; an Act was passed for the encouragement of

agriculture, and commissioners appointed to improve the communication,

by water, between Upper and Lower Canada; an attempt was made to

indemnify the members of the Assembly; and the public accounts being

submitted, the revenue for 1817 appeared to have been £108,925

currency, and the expenditure £116,920 sterling, including £19,426

owing to Upper Canada for duties in 1816. The expenses of the

legislature amounted to £16,173, including £3,945 for books purchased

for the library of the Assembly.

Sir John Sherbrooke, was so very ill that he found himself unable to go

down to the Council Chamber to prorogue the parliament. He was,

therefore, waited upon by the members of both Houses, at the Castle of

St. Lewis, and there the prorogation took place _sans cérémonie_.

Business had been rather brisk this year, but out of parliament, and

away from St. Peter street, there was no stir of any kind. The

newspapers contented themselves with retailing news from the continent

of Europe, six months old, and the inhabitants of town and country

unconcernedly watched the rising and the setting of the sun, or

endeavored, as an antidote to the _tedium vitæ_, to count the

number of the stars at night. Three hundred and thirty-four vessels of

76,559 tons burthen, including one vessel built at Quebec, cleared at

the port, and a duty of 2-1/2 per centum was levied on goods, wares,

and merchandise, amounting to £672,876. There was one matter, which,

however, created a little talk about town. Mrs. Montgomery, widow of

the late General Montgomery, who fell on the night of the 31st of

December, 1775, while leading on a storming party of Americans at the

_Près-de-Ville_, Quebec, applied to Sir John Sherbrooke for the

remains of her husband, which had been buried somewhere in the

neighborhood of a powder magazine. The request was complied with. On

the 16th of June, the exhumation of the body, in the presence of Major

Freer, who was on the staff of the Governor, of Major Livingston, a

near relative to Mrs. Montgomery, and of some other spectators, took

place under the direction of Mr. James Thomson, of the Royal Engineer

Department, one of the followers of General Wolfe, who forty-two years

previously to the application for the body had buried the General with

his two Aides-de-Camp, Cheeseman and McPherson, beside him, where the

military prison, near St. Lewis Gate, now stands.

Sir John Sherbrooke was, at his own request, recalled. His health had

been indifferent for some time. He was relieved of his government soon

after he had requested to be so by His Grace the Duke of Richmond. Sir

John sailed for England on the 12th of August, with his character

either in a military or civil point of view untarnished. Richmond,

Lennox and Aubigny, the new Governor-in-Chief, had been Lord Lieutenant

General of Ireland. His hereditary rank, his previous position, as well

as his present station obtained for him a consideration greater than

any mere military knight could reasonably look for. He was accompanied

by Major-General Sir Peregrine Maitland, K.C.B., his son-in-law

appointed to the Lieutenant-Governorship of Upper Canada. His Grace was

looked upon indeed as a semi-deity. But the Duke was exceedingly poor,

and perhaps owed his own appointment as well as that of his son-in-law,

as much to the influence of the Duke of Wellington, who was his friend,

as to his own. He summoned the legislature of Canada together on the

12th of January, 1819, but merely intimated that the Queen had died,

and adjourned the public business, out of respect to Her Majesty's

memory, until the 22nd of the month. The opening speech on that day was

a wretched affair. The Duke did not recommend anything beyond a

provision for the expenses of the civil government, which the illness

of Sir John Sherbrooke had prevented him from completing; and the reply

to his Grace was as tame as His Grace's speech. It was very like two

individuals in meeting, saluting each other with the words--"good

morning, Sir,"--"a good morning to you, Sir,"--"_shalom elachem_,"

as the Jew has it, to be returned with "_alaichem shalom_," "peace

be unto you,"--"with you be peace." His Grace was not slow in

submitting the estimates of the expenses of the civil government for

the year 1819. Instead of £73,646 currency, as before, the estimate was

now £81,432. The House could not understand the sudden increase. Was it

necessary to pay £15,000 extra for a Duke? That was gracious goodness

to an appreciable extent! The estimate was referred to a select

committee, who were to make as ostensible as possible the necessity for

the increased demand, and if that could not be done, to say why not.

The committee reported that the interests of the country would best be

served by making an unqualified reduction of those sinecures and

pensions, which, in all countries had been considered the reward of

iniquities, and the encouragement of vice, and which had been and still

were subjects of complaint in England, and would, in Canada, lead to

corruption, and that too while the estimates contained the item of

£8,000 sterling a year, to be placed at the disposal of His Majesty's

representative, for rewarding provincial services, and for providing

for old and reduced servants of the government and others. Mr. Ryland

had already been in correspondence with the Duke's Secretary, Colonel

Ready, and hence the provision in the civil list for decayed servants

of the government. When this manoeuvre failed, an attempt was made to

obtain a permanent provision for the civil government of the province,

during the reign of the sovereign, and that failing, another was made

to vote the civil list money _en bloc_; but the Assembly would

only listen to one proposition, however democratic it might be, and

that was to vote the civil list annually, item by item, so that the

House might increase or diminish particular salaries at will. The

Assembly then went through the civil list, affixing to each office a

salary, and passing over without any appropriation such offices as were

either positive sinecures or little else. A bill was introduced and

carried through the third reading, granting to offices particularly

specified, particular salaries. It was sent to the Legislative Council

for concurrence, and was there at once rejected. The Council looked

upon the mode adopted by the bill of granting a supply to His Majesty

as unprecedented and unconstitutional, as an assumption of the

prerogative of the Crown, as calculated to prescribe to the Crown the

number and description of its servants, and as certain to make the

Crown officers dependent on an elective body, whereby they might be

made instrumental in overthrowing the Crown itself. Thus was the civil

list bill lost. A company was incorporated to construct a canal between

Montreal and Lachine. £3,000 was appropriated towards the apportionment

of lands to the militia who had served during the war; and Pierre

Bedard, Esquire, Judge for the District of Three Rivers, was impeached

by Mr. C. R. Ogden. Mr. Ogden accused Bedard of prostituting his

judicial authority to the gratification of personal malice; of tyranny;

of imposing fines upon his enemies on pretence of punishing contempts

of Courts; of uttering expressions derogatory to the other judges of

the Court in which he sat; of having accused the barristers of Three

Rivers frequently of high breaches of moral and professional rectitude;

of having wickedly imprisoned in the common gaol of Three Rivers,

Charles Richard Ogden, Esquire, then and still being His Majesty's

Counsel for the said district, for an alleged libel and contempt

against the provincial Court, in which Mr. Bedard was the judge; for

having illegally fined Pierre Vezina, Esquire, an advocate practicing

in Court, ten shillings, for pretended contemptuous conduct; and for

having grossly and unjustifiably attacked the character of Joseph de

Tonnancour, a barrister. The articles of impeachment were referred to a

committee which reported in favor of the judge, and the House did not,

therefore, impeach him.

While this was going on a message was received from His Grace the

Governor-in-Chief, acquainting the members of the Legislative Council

that the commands of the Prince Regent had been received respecting the

proceedings of the Assembly against Mr. Foucher. The Regent directed

that the Assembly, previous to any ulterior proceeding, should lay

before the Governor-in-Chief such documentary evidence as they might

consider adequate to support the charges which they had brought against

Mr. Justice Foucher, and that copies of such charges, of such

documentary evidence, and of the examination already taken and annexed

to the charges should be then transmitted by His Grace the

Governor-in-Chief to Mr. Justice Foucher for his answer and defence,

which answer and defence would be submitted to the Assembly for their

reply, when the whole of the documents would be submitted to the Regent

for such further course as the case might require. The Legislative

Council were quite shocked at this message. They had been told that

they might adjudicate upon cases of impeachment, and now it was

commanded that they should gather evidence and send it to the Regent

for adjudication. The Council dutifully remonstrated, feeling it due to

itself to state to His Grace that at the time of receiving the late

Governor's message it was prevented from taking more upon itself than

to return its humble thanks for the "decision" of His Royal Highness

the Prince Regent, on the subject of its address of the 3rd of March,

1817, by representations made in the Council, that the state of His

Excellency's health was such that a further agitation of the business

at the moment might endanger his life. But the House confidently relied

on the communication, contained in the message, that the "arrangement"

therein announced with respect to the adjudication of impeachments by

the Council was _final_. If representations had subsequently been

made tending to withdraw from the Council the favor and confidence of

the Crown, all doubt would be removed by the communication which they

solicited from His Excellency as to the Royal intervention, and the

House would finally be able, with His Grace's powerful support, to

secure the full and free exercise of a privilege, without which the

balance of an admirable constitution would be destroyed, and the second

estate of the provincial legislature be reduced to insignificance and

contempt. The answer to this address was most emphatic. Mr. Justice

Foucher was ordered to resume his functions as a Judge of the Court of

King's Bench, at Montreal; and the Duke turning from the Council, drew

the attention of the Assembly to the necessity which existed for a

reform in the judicature. The Assembly had indeed already expressed an

opinion to the effect that it was necessary for the independence of the

judges that they should not be withdrawn from their judicial duties by

holding any other offices in the civil administration of the

government. The House of Assembly paid very little heed, however, to

the recommendation of the Duke. There was, indeed, no ministry in the

confidence of the majority to originate any business in the Lower

House, and for one of a minority, the creature of the government in the

Assembly, and without the shadow of influence in it, to take the matter

up, would have been worse than useless. The Lower House was, indeed,

like a ship without a helm. It was uncontrollable. All that a governor

could do was to look upon the most popular man in the Assembly, as if

he were a minister of State, and govern in such a manner as to suit his

views. The expediency of erecting the Eastern Townships into a judicial

district had been represented to the Assembly at its previous session.

It was considered a denial of justice to require people situated as the

Eastern Township farmers were, in a new and rather far off country,

when the want of good roads is considered, to sue and be sued in the

Courts of Montreal, Three Rivers, or Quebec. But they stirred not. They

merely appointed a committee to draw up a statement of the receipts of

the provincial revenue of the Crown, and of the disbursements by the

Receiver General from the date of the constitution to 1819; and also a

statement of all the appropriations made by the legislature, and of the

amount paid upon each of them by the Receiver General, the balance to

be stated and the monies to be counted. There was evidently a suspicion

in the minds of some of the members of the Assembly that the National

Bank had been paying interest out of the new deposits and that the

managers were living in the same style of novelty. However that may

have been, the business of legislation was now concluded, and His Grace

the Duke of Richmond, Lennox and Aubigny, Governor-in-Chief of Canada,

and Captain General of British North America, came down to the

Legislative Chambers in State. He took his seat upon the throne

quickly. He seemed to speak to his attendants testily. He sent for the

Commons impatiently. And he looked sternly. Colonel Ready, as soon as

the Commons had appeared, handed His Excellency, who was not

particularly gracious, a paper to read. "Gentlemen of the Legislative

Council," were the first words uttered, and all eyes were upon the

Duke. "_You_ have not disappointed my hopes. I thank you for your

zeal and alacrity. Gentlemen of the Assembly:--It is with deep concern

that I cannot thank you in connection with the result of your labors

and of the principles upon which they rest. You proceeded to vote a

part of the sum required for the expenses of 1819, but the bill of

appropriation which you prepared was founded upon such principles that

it had been most constitutionally rejected by the Upper House, and so

the government has been left without the supplies necessary for the

support of the civil administration for the ensuing year,

notwithstanding the voluntary offer given to the King in 1810." His

Grace had recommended by special message the consideration of the

Judicature Act so that it might be amended, and the Assembly had not

even proceeded with it so far as to enable the Governor-in-Chief to

transmit the result of the parliamentary proceedings to the King's

ministers, with the view of obtaining the opinions and assistance of

the law officers of the Crown in England. He did trust, therefore, that

at an early day in the next session the matter would be proceeded with.

He had assented to the militia bill with reluctance. It was not

necessary that the officers should be natives of the province. There

were many half-pay officers of the army who were much better fitted for

holding commissions in the militia than wealthy _habitants_ were;

and there were clerks, and other enterprising young men about cities

and towns, who, on any emergency, were equally as well adapted for

officers of militia as any _seigneur_ whatever. The population of

the province afforded excellent materials for a defensive army, but a

general and proper selection of officers was necessary to make it

formidable to an active and enterprising enemy. The selection of

officers must only belong to the executive power. This speech did not

raise the Duke of Richmond in the estimation of the Commons of Canada.

Some were inclined to laugh at His Excellency, while not a few were

offended. His Grace had been evidently tampered with. He was not looked

upon as a free agent. While perfectly willing to defray the expenses of

the civil administration, the Commons felt no disposition to build up a

pension list or to be in any way burthened with life annuities to

officers of the imperial army, for whom the imperial government was

bound to provide. All the officers required in the civil government of

the country, the Commons were prepared amply to remunerate, but they

were not at all prepared to award salaries for the perpetuation of

sinecure offices, the holders of which had never set a foot in the

country. The Commons, in a word, desired to have some control over the

government itself, as, in a free country all power should proceed from

the people. This was denied to them. They were required to do whatever

the government desired, and refusing obedience, they were castigated,

castigated by the representative of the sovereign of a free country, of

which Canada formed a part. In spite of this rugged mode of governing,

the country was nevertheless, making progress. Business was brisk. The

population was rapidly increasing. A steamer had been placed on the

Ottawa. The Rideau Canal to connect the Ottawa with Lake Ontario, at

Kingston, had been commenced, at the expense of the imperial

government, as a military work. Quebec contained 2,008 houses, and a

population of 15,257 souls, of whom 11,991 were Roman Catholics, and

3,266 were Protestants. Four new vessels had been built at Quebec in

the course of the past year, and 409 vessels of 94,657 tons of shipping

had been cleared at the port of Quebec, while merchandise to the amount

of £772,373 had been imported. The gross revenue amounted to £58,332

sterling for Lower Canada, and £18,673 sterling for Upper Canada. The

expenditure amounted to £127,379 sterling, including £9,720 for the

purchase of seed wheat in 1817; £45,270 in payment of army bills:

£14,988, the fifth of the whole duties collected for 1817 and due to

Upper Canada, by agreement. The cost of mere legislation was this year

£13,420 currency. In 1819, from the opening of the navigation to the

12th of October, 612 vessels had arrived, and 12,434 immigrants had

come to enrich the country by their labor and benefit trade by their

necessities.

In the Lower Province two Banks had already been established; there was

now one in operation at Kingston, in Upper Canada. It is not a little

curious, however, that when efforts were first made to establish the

Kingston Bank the current of public opinion set so strongly against the

measure, that although supported by men of intelligence and

respectability, it was abandoned without the presentation of petitions

to the legislature. A bill, as may have already been perceived, was,

nevertheless, passed, for the incorporation of the bank, but reserved

for His Majesty's pleasure by Governor Gore. The roads, in Upper

Canada, were at this period so indifferent that there were but few

common carriages, while the inns were so indifferent that in the summer

season travelling was for the most part accomplished by water. Indeed

the facilities afforded by water for travelling in some very

considerable degree impeded the improvement of the roads, between towns

situated very far apart.

Sir Peregrine Maitland having assumed the government of Upper Canada,

met the parliament of that province, for the first time, on the 12th of

October, 1818. His "maiden" speech from the throne was noticeable for

the remark that parliament would feel a just indignation at the

attempts which had been made to excite discontent and to organize

sedition, accompanied by the hint and suggestion that should it appear

to parliament that a convention of delegates could not exist without

danger to the constitution, in framing a law of prevention,

parliamentary wisdom would be careful that it should not unwarily

trespass on that sacred right of the subject to seek a redress of his

grievances by petition. Mr. Robert Gourlay, of Craigrothie, Fifeshire,

in Scotland, had emigrated to Upper Canada, with the view of settling

himself and family and indeed of making a settlement in some suitable

spot. Mr. Guthrie had peculiar ideas with regard to emigration, free

trade, and liberty of speech. He was a democrat, but not, by any means,

a republican. He was not politically connected with either Cobbett or

Hunt, although he seems to have known both of these gentlemen. He was

not in the habit of attending such meetings as those that were held at

Spa-fields and were then termed "radical" meetings, although he had

been at a meeting in Spa-fields. He had been both in Ireland and in the

United States, but he was neither an Irish rebel nor an American

revolutionist. He had only a bee in his bonnet, which has since buzzed

in the bonnets of a very great number of men, whose loyalty or

patriotism has not been even doubted, and, who, consequently, have

never been marked "dangerous" by a colonial Justice of the Peace. Mr.

Guthrie conceived that Canada was capable of absorbing about 50,000 of

the poor of England, Ireland, and Scotland, annually; that a land tax

was preferable to taxes on trade and manufactures, especially in a new

country; that there should be three description of roads--provincial,

district, and township; that it would be advantageous to connect the

lakes of the St. Lawrence together, and permit the free navigation of

the Canadian inland waters from Lake Superior to the sea; that free

trade should exist; and that there should be no hindrance to the

expression of public opinion, however offensive to the authorities such

public opinion might be. Mr. Guthrie arrived in Canada in the summer of

1817, and after looking around him, determined upon establishing

himself as a land agent. He had, in truth, conceived schemes for a

grand system of emigration, and set about obtaining statistics with the

view of setting forth the capabilities of the country to the people of

England. He addressed the landowners of Upper Canada for information.

He sent circulars to the people, but unfortunately made allusion to the

able resolutions brought forward at the close of the last session of

the provincial parliament. He brought the matter before the parliament

itself, but that body having been suddenly prorogued, by Governor Gore,

the idea of a convention suggested itself to Mr. Gourlay. The Executive

of Upper Canada took alarm. The desire, for a knowledge of the

condition, circumstances, and requirements of the townships and

districts, was in connection with some radical schemes for upsetting

British authority in the Canadas. Mr. Guthrie was misrepresented and,

with the view of creating a general panic, he was arrested.

Nevertheless, deputies were chosen and a convention was held at York.

In this convention the political restraints to which the colonists were

liable were fully discussed. There was undoubted mismanagement on the

part of the executive government, and Gourlay advised a petition to the

Prince Regent, soliciting the appointment of a commission from England

to make enquiries. Such a proposal could not fail to give offence.

Gourlay was arrested and carried before the most virulent of his

political enemies. He was tried and twice acquitted, but the _London

Courier_, of the 8th of July, 1818, arrived, in which he was alluded

to as "one of the worthies, who had _escaped_ after the

disgraceful proceedings of Spa-fields." That was enough. Mr. Gourlay

was brought before a magistrate, Mr. Dickson, M.P. "Do you know Mr.

Cobbett?" asked the magistrate. "Yes," answered the culprit. "Do you

know Mr. Hunt?" "Yes." "Were you at Spa-fields?" "Yes." "Were you ever

in Ireland?" "Yes." "Were you lately in the Lower Province?" "Yes."

"Were you lately in the United States?" "Yes." "Was it you that wrote

the article in the _Spectator_, headed "Gagged, gagged by jingo?""

"It was." "Then," said Mr. Dickson to his fellow magistrates, "it is my

opinion that Mr. Gourlay is a man of desperate fortune, and would stick

at nothing to raise insurrection in the province." He was committed to

gaol charged with treasonable practices! There was then, indeed, no

real liberty in the province, and Mr. Gourlay had made use of words

which only could be used safely in England. The magistracy were

completely in the hands of the Executive Council, and a considerable

number of both Houses were inclined to do whatever they were ordered.

Indeed there were few politicians in the country, politics not having

yet become a trade. The Commons replied to Sir Peregrine Maitland just

as he wished. They were convinced that a convention of delegates could

not exist without danger to the constitution. Nay, they even went

further, and on the 19th of October, presented an address expressing

just indignation at the systematic attempts that had been made to

excite discontent and organize sedition in the province, and they

deeply regretted that the designs of one man should have succeeded in

drawing into the support of his vile machinations so many honest men,

and loyal subjects of His Majesty. A bill was passed indeed to prevent

the organization of persons, who might degrade the character of the

province, and after assenting to several bills Sir Peregrine Maitland

closed the session by thanking parliament for the seasonable aid of "An

Act for preventing certain meetings within the province." He conceived

that if the people were aggrieved they could send a petition to the

foot of the throne. The Surveyor General's Department was to be

abolished. He was proud of the sentiments expressed by the House of

Assembly and would send them to His Majesty's government. Had the

public mind been tranquil, he would have brought before the Houses a

few objects of general importance, one of which was a remedy for the

unequal pressure of the road laws. Mr. Gourlay was retained in gaol,

then ordered to leave the province, and, on refusing to go, was tried

for disobeying an Act of parliament. He was forcibly ejected from the

province, and it was not until 1847 that the province of Canada offered

him redress in the shape of a pension of some fifty pounds a year, Mr.

Gourlay being then resident in Scotland. Governor Maitland again met

the parliament of Upper Canada on the 7th of June, 1819. He informed

the parliament that the Queen had closed a long life, illustrious for

the exemplary discharge of every public and private duty; that the

Regent had authorised the governors of both Canadas to bestow lands on

certain of the provincial army and militia, "which served" during the

late war; that recent purchases from the natives had been so far

effected, as would enable him to set apart tracts in the several

districts, to accommodate such of their respective inhabitants as were

within the limits of the royal instruction; but that he (Governor

Maitland) did not consider himself justified in extending that mark of

approbation to any of the individuals, who composed the late convention

of delegates, the proceedings of which were properly the subject of

very severe parliamentary animadversion. The royal assent had been

given to the bill for the establishment of a provincial bank, but, from

some delay, it did not arrive in time for promulgation, within the

period limited by law; the form of an enactment would, therefore, be

necessary to render it available. He was deeply impressed with the

necessity of an amendment to the road law; neglected grants of an early

day were becoming a serious evil. The exemption of any land belonging

to individuals, from the operation of the assessment law, was found to

be detrimental: a new bill so modified as to protect the land from sale

by distress until due notice could be given to the proprietors would

receive His Majesty's assent. The public accounts would be laid before

the House of Assembly with the estimates for the ensuing year. The

growth of the province in population and wealth, justified a reasonable

expectation that the measures adopted to encourage it would receive the

fullest support: and the expediency of affording the new settlers,

situated remotely from the great lakes and rivers, an easy approach to

market was apparent, and with other matters would, he hoped, be

attended to. The speech in reply was satisfactory, but there was an

under current of public opinion, not quite so satisfactory. It was

considered that Governor Maitland had exceeded his authority in

withholding in part that which the Regent had instructed him not to

withhold at all. Conventions were not illegal. The right to meet and

discuss public measures had never been called in question. The

convention was composed of men who were altogether loyal. To upset the

government of the province or to get rid of imperial authority was

never contemplated. All that the members of convention desired was the

repeal of several grievances, and they meant only to petition the

Regent for their removal. The executive influence in the legislature

was overwhelming and mischievous. The governor had not only the

disposal of every civil office, and of every civil and military

commission, but of land to a boundless extent. That influence had been

repeatedly misapplied. The lamentable effects of such a misapplication

of influence had been too frequently witnessed. Public duty was

neglected. The whole face of the country was pining with disease.

Nature was everywhere struggling with misrule. And civilization itself

was on the decline. In Upper Canada the image and transcript of the

British constitution was now only reflected by Major-General Sir

Peregrine Maitland, and five executive councillors. Legislation was

embraced in a governor's speech from the throne.

About the time of the prorogation of the session, His Grace, the Duke

of Richmond, came to Upper Canada, on a tour of inspection. His Grace

and his son-in-law went to Niagara together. Important internal

improvements were contemplated, and the two governors were desirous of

ascertaining how they might be effected. The Duke, after a short stay

in Upper Canada, bade farewell to his relative, and, with Colonel

Ready, his secretary, was on his way to Quebec, when, somewhere between

Kingston and Montreal, he became seriously ill. It is not very certain

what ailed him. He was said to have been bitten by a fox. However, he

died, in a few hours, of excruciating suffering. He supported, for the

brief period, a disease, supposed to be hydrophobia, with undaunted

constancy, and yielded up his spirit on the 28th of August, 1819. His

remains were brought to Quebec, and there interred with great pomp and

ceremony, beneath the altar of the Church of England Cathedral, but as

yet no monument has been erected to his memory.

The Rise of Canada, from Barbarism to Wealth and Civilisation. Volume 1 · 第 7 / 8 章