This Act encountered very strong opposition both in England and America. The Mayor, Aldermen, and Council of the city of London presented a petition to the King against the Bill, praying his Majesty not to sign it. In that long and ably drawn up petition, occur the following words:

"We beg leave to observe that the English law, and that wonderful effort of human wisdom, the trial by jury, are not admitted by this Bill in any civil cases, and the French law of Canada is imposed on all the inhabitants of that extensive province, by which both the persons and properties of very many of your Majesty's subjects are rendered insecure and precarious. We humbly conceive that this Bill, if passed into a law, will be contrary not only with the compact entered into with the various settlers of the Reformed religion, who were invited into the said province under the sacred promise of enjoying the benefit of the laws of your realm of England, but likewise repugnant to your Royal Proclamation of the 7th of October, 1763, for the speedy settlement of the said new government. * * That the whole legislative power of the province is vested in persons to be wholly appointed by your Majesty, and removable at your pleasure, which we apprehend to be repugnant to the leading principles of this free Constitution, by which alone your Majesty now holds, or legally can hold, the Imperial Crown of these realms."

In the House of Commons the Bill was strongly opposed by Messrs. Fox, Burke, Townsend and others, chiefly on the ground of its unconstitutionality, and every effort was made to amend it, but without success. The Bill was finally passed by a vote of 56 to 20.

In the House of Lords, the Bill was vehemently opposed by the Earl of Chatham, who protested against it "as a most cruel, oppressive, and odious measure, tearing up justice and every good principle by the roots," and "destructive of that liberty which ought to be the groundwork of every constitution." The Bill, however, passed the Lords by a vote of 26 to 7, and received the royal assent on the prorogation of Parliament, the 22nd of June, the King stating in regard to it that "it was founded on the clearest principles of justice and humanity, and would, he doubted not, have the best effect in quieting the minds and promoting the happiness of his Canadian subjects."

The feeling against the Act was intense both in England and the colonies, regarding it as a type of Imperial legislation for the colonies. "The strongest excitement prevailed in England for some months after the passing of the Act; and the papers were filled with little else than letters and remarks upon it." The British Loyalist settlers in Canada were indignant, and meetings were held in Quebec and Montreal, at which strong resolutions were passed, and petitions unanimously signed to the King, Lords and Commons, praying for the repeal of the Act, and forwarded to England.

"On the 17th of May, 1775, Lord Camden moved in the House of Lords for the repeal of the Act, but the motion was defeated by a vote of 88 to 28." A similar motion by Sir George Saville, in the Commons, was likewise defeated by a vote of 174 to 86.[152] The feeling of the Loyalists throughout Canada was very strong against this Act; and its operations gave no satisfaction to any party.[153]

From the prevalent dissatisfaction among all parties in Canada with the Quebec Act of 1774, the Imperial Government having, in 1788, sanctioned ordinances to restore the Habeas Corpus Act, and the trial by jury in civil cases, and obtained full and minute information as to the internal state of Canada, a Bill was prepared and introduced into the House of Commons by Mr. Pitt, pursuant to a message from the King, on the 4th of March, 1791, establishing a representative government for Canada, after the model as far as possible of the British Constitution. This Act is sometimes called the "Grenville Act," having been chiefly prepared by Grenville, and conducted by him through the House of Lords; it is sometimes called the "Pitt Act," having been introduced and carried through the House of Commons by Pitt; but it is generally known in Canada as the Constitutional Act, 31 George III., Chapter 31—the Act which gave to Canada its first constitutional government, and under the provisions of which Canada was governed for fifty years, until the union of the two Canadas in 1841.

Mr. Pitt in introducing his Bill stated "that the division of the province into Upper and Lower Canada, he hoped would put an end to the competition between the old French inhabitants and the new settlers from Britain and the British colonies. This division he trusted would be made in such a manner as to give each a majority in their own particular part; although it could not be expected to draw a complete line of separation. Any inconvenience, however, to be apprehended from ancient Canadians being included in the one or British settlers in the other, would be averted by a local Legislature to be established in each.

"In imitation of the Constitution of the mother country, he would propose a Legislative Council and House of Assembly for each; the Assembly to be constituted in the usual manner, and the members of the Council to be for life; reserving to his Majesty to annex to certain honours an hereditary right of sitting in Council (a power never exercised). All laws and ordinances of the province to remain in force till altered by the new Legislature. The Habeas Corpus Act was already law by an ordinance of the province, and was to be continued as a fundamental principle of the Constitution.

"It was further meant to make a provision for a Protestant clergy in both divisions, by an allotment of lands in proportion to those already granted.

"The tenures were to be settled in Lower Canada by the local Legislature. In Upper Canada, the settlers being chiefly British, the tenures were to be soccage tenures.

"To prevent any such dispute as that which separated the thirteen colonies from the mother country, it was provided that the British Parliament should impose no taxes but such as might be necessary for the regulation of trade and commerce; and to guard against the abuse of this power, such taxes were to be levied and disposed of by the Legislature of each division."

The Bill was opposed in the House of Commons by Mr. Fox and others, upon the grounds that it created two provinces and two Legislatures, and made the members of the Legislative Councils nominees of the Crown for life, instead of leaving their election to the people; but the Bill was supported by Edmund Burke, who, with Fox, had voted side by side against the Quebec Act of 1774, but who opposed each other on the Canada Bill of 1791.[154]

Mr. Pitt, in reply to the objection of Mr. Fox and others, stated among other things, "That the population of Upper Canada amounted to only 10,000 inhabitants, and that of Lower Canada to not more than 100,000."[155]

With such preparation and explanations the Bill passed both Houses of Parliament and received the royal assent, conferring on Canada a new Constitution.

This Act separated the province of Quebec into two provinces, Upper and Lower Canada, the division line between which was the River Ottawa.

For each province a Legislature was established consisting of a Governor, a Legislative Council and House of Assembly—in imitation of the Constitution of England; for the Governor was to represent the Sovereign, the Legislative Council the House of Lords, and the Assembly the House of Commons.

The members of the Legislative Council were to be discreet persons, appointed by Royal authority for life; the members of the Assemblies were to be chosen by the people, once in four years, unless oftener called upon, by dissolution, to elect new members.

The Act was to come in force not later than the 31st of December, 1791; and the date of meeting of the new Legislature was not to be later than the 31st December, 1792.

Thus in fulfilment of a promise made in a Royal Proclamation in 1763, Canada obtained a representative form of government in 1791.

It has been seen that the representative form of government was obtained both for Nova Scotia and New Brunswick by the representation and influence of the United Empire Loyalists; it was so in Canada. Thus are we indebted to the United Empire Loyalists not only for our unity with the British empire, but for the original constitution of representative government which, with enlarged application, is the basis of that free government which now prevails throughout all the provinces of the Dominion of Canada.

GOVERNMENT OF LOWER CANADA.

In 1786, Lord Dorchester had been appointed Governor of Canada and Commander-in-Chief of the British forces in North America.[156] But he left for England in August, 1791, on a year's leave, and in his absence the administration of the Government was entrusted to the Lieutenant-Governor, General Alured Clarke, a retired British officer. The elections took place in June, 1792, and were in some instances warmly contested. Lower Canada had been divided into twenty-one counties, eighteen of which elected two members each, and three—the counties of Gaspe, Bedford, and Orleans—returned one member each; the cities of Quebec and Montreal were each represented by four members, and Three Rivers by two. Of the fifty members elected to the first House of Assembly, fifteen were of British origin, and thirty-five were of French origin.[157]

The Legislative Council consisted of fifteen members.

On the 30th of October, the Provincial Parliament was commanded to meet at Quebec the 17th of December, 1792, for the actual despatch of business. On the meeting of the Legislative Council that day, the Hon. Chief Justice William Smith was appointed Speaker. The House of Assembly did not agree upon the election of Speaker on the first day—the French and English-speaking members advocating respectively the election of a Speaker of their own language; but at length Mr. J.A. Panet was elected by a large majority—he speaking both languages with equal fluency.[158]

The Lieutenant-Governor made a speech expressing the solicitude and consideration of the King for his Canadian subjects, in recommending to his Parliament such a change in their colonial government as circumstances might require and admit. "On a day like this," said his Excellency, "signalized by the commencement in this country of that form of government which has raised the kingdom to which it is subordinate to the highest elevation, it is impossible not to feel emotions difficult to be expressed.

"To give an opportunity for your loyal and grateful acknowledgments to his Majesty is one of my motives for calling you together, and that debt discharged, your Council will doubtless be next employed for enacting the laws necessary to confirm and augment the property of your country."

The Lieutenant-Governor concluded in the following words:

"Great Britain being happily at peace with all the world, and I hope without apprehension of its interruption, the present moment must be most fit and urgent for all those arrangements best made at a season of tranquillity, and falling within the sphere of our trust. The conviction I feel of your disposition to cultivate that harmony amongst yourselves and each branch of the Legislature, which is always essential to the public good and private satisfaction, makes it unnecessary for me to enlarge upon this subject.

"Such objects as it may become my duty to recommend to your consideration, shall be occasionally communicated to you by message."

The address of the Assembly in answer to his Excellency's speech breathed a spirit of grateful affection and loyalty. After expressing their warmest gratitude to the King and Parliament of Great Britain, "in granting to his Majesty's subjects in this province a new and liberal Constitution for their colonial government," the Assembly proceeds:

"We cannot express the emotions which arose in our breasts, on that ever-memorable day when we entered on the enjoyment of a Constitution assimilated to that form of government which has carried the glory of our mother country to the highest elevation. * *

"It is an unparalleled happiness for us to have an opportunity of presenting to his Majesty our loyal thanks, and of expressing to him our gratitude; such homage is the language of our hearts, and it is due from us, for all the favours with which we have been loaded. That duty fulfilled, we will turn our attention with most ardent zeal to framing such laws as may tend to the prosperity and advantage of our country.

"We hear with pleasure that Great Britain is at peace with all the world, and we consider this as the most favourable time for the consideration of the objects that fall within the sphere of our charge, to cultivate harmony among ourselves and each branch of the Legislature; that it is a condition essentially necessary to the public good and our own private satisfaction.

"We will at all times give the most speedy and deliberate consideration to such messages as we may receive from your Excellency."

Throughout this address of the Assembly there is the true ring of manly sincerity, and heartfelt loyalty to the Throne and to the unity of the empire. The Governor soon sent several messages to the Assembly, submitting, by command of the King, various subjects for their consideration, for which he received their cordial thanks, and assurances that the subjects submitted would receive their best consideration.

There was one subject of discussion which created much feeling and protracted debate—namely, the language in which the proceedings of the Assembly should be conducted, recorded, and published; but the rising storm was allayed and unity restored by the decision to leave each member at liberty to address the House in French or English at his pleasure—to have all motions, before being put to the House, read in both languages, and the record of the proceedings kept and published in both languages—a happy arrangement, which has been continued to this day.

The House of Assembly, in their reply to the opening speech of the Lieutenant-Governor, expressed their intention of presenting their heartfelt thanks to his Majesty for the new and liberal Constitution conferred upon them. That truly loyal address was as follows, and does lasting honour to its authors and the Imperial Government:

"We, your Majesty's most dutiful and loyal subjects, the representatives of Lower Canada, met in Assembly for the first time under our new Constitution, humbly approach the Throne, to express to your most gracious Majesty our sentiments of gratitude and joy on the happy change which has taken place in the forms of our government.

"The Constitution which it hath pleased your Majesty and Parliament to give us, modelled upon that of Great Britain—a Constitution which has carried the empire to the highest pitch of glory and prosperity—assures to this colony the most solid advantages, and will for ever attach it to the parent State.

"Now, partaking without distinction the benefits of a government which protects all equally, we offer our thanks to Divine Providence for the happiness prepared for us. Our prayers are for the general prosperity of the nation of which we make a part, and for the preservation and felicity of our august and virtuous Sovereign.

"May it please your Majesty to receive favourably our respectful homage, and permit us anew to express our loyalty and attachment.

"May it please your Majesty and Parliament to receive our most humble thanks for the favour conferred upon this colony.

"Such are the heartfelt wishes of the representatives of the people of Lower Canada."

Such were the auspicious circumstances and cordiality of feeling attendant upon the inauguration of constitutional government in Lower Canada. The session continued upwards of four months—from December until May—during which time a great many subjects were introduced respecting expenses and revenues, salaries of officers, affairs appertaining to legislation, to the militia, to the administration of justice, and the welfare of the country; but only eight Bills were passed, and which were assented to in the King's name by the Lieutenant-Governor, who prorogued the Legislature on the 9th of May, 1793, with a short and complimentary speech.

It is not my object to narrate in detail the legislation or proceedings of any of the colonies, except in so far as may be necessary to illustrate the history of the Loyalists of America. A most impressive illustration of true loyalty was given by the Assembly of Lower Canada before the close of its first session. In the Lieutenant-Governor's speech at the opening of the session, he informed the Legislature that Great Britain was at peace with all the world, and that there was no apprehension of its interruption. But before the close of the session intelligence was received at Quebec that the revolutionary authorities of France had declared war against Great Britain.

On the 25th of April, 1793, the Lieutenant-Governor sent a message to the Assembly, informing them that he had received a letter from the Secretary of State, of the 9th of February previous, stating that "the persons exercising the supreme authority in France had declared war against his Majesty."[159]

The answer to the message breathes the Loyalists' spirit. They thanked his Excellency for his message, and assured him that "it was with horror they had heard that the most atrocious act which ever disgraced society had been perpetrated in France (alluding to the recent decapitation of the unfortunate Louis XVI.), and that it was with concern and indignation they now learned that the persons exercising the supreme authority there had declared war against his Majesty.

"His Majesty's faithful subjects earnestly pray that his arms may be crowned with such signal success over his enemies as shall speedily bring about a peace honourable, safe, and advantageous to his Majesty and the empire."

In conclusion, the Assembly assured his Excellency that "the House would immediately proceed to a revision of the Militia laws, and if alterations and amendments were necessary they would make such amendments as should be deemed the most fit and proper to secure and protect the province from every insult and injury of his Majesty's enemies."

At the close of the session, after assenting, on behalf of the King, to the eight Bills which had been passed, the Lieutenant-Governor delivered the proroguing speech, in which he thanked the Assembly for the diligent and practical consideration which they had given to the various subjects which had been submitted to them, and the "further regulations necessary for the better organizing and more effectually calling forth the militia for the defence of this extensive and valuable country, when our enemies of any description shall make it necessary." His Excellency alluded to the war of the rulers of France against England in the following words:

"Gentlemen, at the first meeting of the Legislature, I congratulated you upon the flattering prospects which opened to your view and upon the flourishing and tranquil state of the British empire, then at peace with all the world. Since that period, I am sorry to find its tranquillity has been disturbed by the unjustifiable and unprecedented conduct of the persons exercising the supreme power in France, who, after deluging their own country with the blood of their fellow-citizens, and imbruing their hands in that of their Sovereign, have forced his Majesty and the surrounding nations of Europe into a contest which involves the first interests of society. In this situation of public affairs, I reflect with peculiar pleasure upon the loyal and faithful attachment of his Majesty's subjects of this province to his royal person, and to that form of government we have the happiness to enjoy."[160]

The second session of the Parliament was summoned by Lord Dorchester himself, the 11th of November, 1793.[161] This session lasted seven months and a half, though only six Bills were passed. In his speech at the opening of the session, Lord Dorchester recommended the due administration of justice, together with the arrangements necessary for the defence and safety of the province, as matters of the first importance. His Excellency also informed the Assembly that he would order to be laid before them an account of all the receipts of the provincial revenues of the Crown since the division of Upper and Lower Canada.

The purport of his Excellency's speech, and the spirit of the Assembly, and the relations between the colony and the parent state, may be inferred from the following cordial and complimentary address of the Assembly in answer to the Governor's opening speech:

"Fully convinced of the happy effects to be derived from a solid and invariable administration of justice, and of the indispensable necessity for an establishment for assuring the defence and safety of the province, we will lose no time in resuming the consideration of these important subjects, and in making such amendments in the existing laws as may best protect the persons and property of its inhabitants.

"By receiving from your Excellency an account of the receipts of the provincial revenues of the Crown, we shall be enabled to deliberate on the means by which they may be rendered more productive; and penetrated with gratitude to the parent state for having hitherto defrayed the surplus expenditure of the province, we flatter ourselves that, in consideration of our situation, we shall continue to receive her generous assistance—a hope further strengthened by your Excellency's intention of not requiring from us any subsidy at present, which confirms the benevolence of the mother country.

"In the infancy of our Constitution, we perceive the necessity of greater circumspection in the formation of laws that may tend to support and establish it; and also to cultivate amongst the different branches of the Legislature that cordial harmony and concord so necessary to promote the measures essential to the happiness and well-being of our country."

The Assembly bestowed much attention upon the Judicature Bill of the previous session, and on the Militia Bill, and brought them to maturity; also an Alien Bill was introduced and passed, establishing "regulations respecting aliens and certain subjects of his Majesty, who have resided in France, coming into this province and residing therein, and for empowering his Majesty to receive and detain persons charged with or suspected of high treason, and for the arrest and commitment of all persons who may individually, by seditious practices, attempt to disturb the government of this province."[162]

It happened at the commencement of this session that Edward, Duke of Kent, the father of our beloved Queen Victoria, was in Canada, and held military command of the troops. The day after the assembling of the Legislature, the Assembly presented him with a most cordial and affectionate address, as did subsequently the Legislative Council, clergy, and citizens of Quebec, Montreal, and Three Rivers, styling the prince "the son of the best of sovereigns." The prince delighted all by his answers, his amiable manners and exemplary conduct. All were especially delighted with his declared disapprobation of the terms the King's old and new subjects; French and English inhabitants. He said all were "the King's Canadian subjects."[163]

Lord Dorchester transmitted to the Assembly, on the 29th of April, 1794, a message peculiarly interesting from its being the first financial statement laid before the Legislature of Lower Canada. The message commences: "The Governor has given directions for laying before the House of Assembly an account of the provincial revenue of the Crown from the commencement of a new Constitution to the 10th of January, 1794."[164]

The House, by an address, thanked his Excellency for the message and papers accompanying it; they observed that they saw in it an additional proof of the paternal solicitude of his Majesty to ease the burdens of his subjects, and of his Excellency's anxiety to promote the interests of this province; and that the magnitude and utility of the objects recommended to their consideration could not fail engaging their serious attention as soon as the important matters now before them, and in a state of progression, were accomplished.[165]

In closing the session, the 31st of May, 1794, Lord Dorchester assented, in the King's name, to five Bills, reserving the Judicature Bill for the royal pleasure (which was approved and became law the following December), and one for appointing Commissioners to treat with Commissioners on behalf of Upper Canada, relating to duties and drawbacks to be allowed to that province on importations through the lower province. The closing speech of his Excellency, among other things, contained the following words:

"I have no doubt that, on returning to your respective homes, you will zealously diffuse among all ranks of people those principles of justice, patriotism, and loyalty which have distinguished your public labours during this session, and that you will use your best exertions to find out and bring to justice those evil-disposed persons who, by inflammatory discourses, or the spreading of seditious writings, endeavour to deceive the unwary and disturb the peace and good order of society; and that you will avail yourselves of every opportunity to convince your fellow-subjects that the blessings they enjoy under a truly free and happy Constitution can be preserved only by a due obedience to the laws, all breaches of which are the more inexcusable as the Constitution itself has provided for the safe and easy repeal or modification of such as may not answer the good intentions of the Legislature."

The interval between the close of the second and the opening of the third session of the Legislature, from the 31st of May, 1794, to 5th of January, 1795, quiet and contentment prevailed in the province; and the short speech of Lord Dorchester (for his speeches were always short and to the point) at the opening of this third Session was chiefly one of congratulation, commendation and suggestion. Among other things he said:

"Gentlemen, I shall order to be laid before you a statement of the provincial revenues of the Crown for the last year, together with such part of the expenditure as may enable you to estimate the ways and means for the most necessary supplies, in bringing forward which you will keep in view the advantages of providing for the public exigencies by a prudent restraint on luxuries, and by regulations which may, at the same time, encourage and extend commerce.

"Gentlemen, the judges and law officers of the Crown have been directed to draw up and report their opinion on the subject of your address to me on the 28th of May last" (this related to the establishment of forms of proceeding in the courts of justice, and a table of fees to which the different civil officers, advocates, notaries, and land surveyors should be entitled in their respective offices); "and I have much satisfaction in perceiving this early disposition on your part to prevent and guard against abuses which might impede the course of justice, or give rise to customs that would establish oppressive demands, and gradually efface from our minds a due sense of their unwarrantable origin.

"Your own disinterested conduct in your legislative capacity; your zealous endeavours to promote a general obedience to the laws, connected with a benevolent attention to the interests of the subject, form a solid foundation for government, and afford me great hopes that our new Constitution will be firmly established, and ensure, for ages to come, the happiness of the people."

Referring to this speech of Lord Dorchester, Mr. Christie well remarks: "The foresight, the rectitude, the wisdom of this most upright man and virtuous governor, cannot fail to strike the reader, and command his respect and admiration."

As might be expected, the address of the House of Assembly in answer to the Governor's speech was equally cordial and assuring, concluding with the following words:

"It is highly flattering to us that our conduct in our legislative capacity has met with your Excellency's approbation. Being thoroughly sensible of the happiness we enjoy under the free and liberal Constitution which has been granted to us by the parent state, under your Excellency's prudent and wise administration, we will continue to exert our most zealous endeavours to promote a general obedience to the laws, and to establish that Constitution in such a manner as may ensure for ages to come the happiness of the people."

On the 16th of February, 1795, the Governor sent a message to the Assembly, transmitting "the accounts of the provincial scheme of the Crown from the 6th of January, 1794, to the 5th of January, 1795, also of the civil expenditure for the same period."[166]

The Commissioners appointed under the Act of the previous session, to treat with Commissioners on behalf of Upper Canada concerning duties and drawbacks to be allowed in favour of that province, reported that they had met and finally adjusted with them the sum to be reimbursed to Upper Canada for 1793 and 1794.[167]

Several important Acts were passed this session relating to revenue, defraying the charges for the administration, the support of the civil government, and for other purposes. On the 7th of May, his Excellency prorogued the Legislature with a speech which contained the following paragraphs:

"Gentlemen, I cannot put an end to this session of our Provincial Parliament without expressing my approbation and thanks for that zeal for the public welfare which has distinguished all your proceedings.

"Gentlemen of the House of Assembly, the cheerfulness with which you have granted a supply towards defraying the civil expenditure of the province gives me great satisfaction; the judicious choice you have made of the means for this purpose, evinces a tender regard for the interests and condition of this country; and the unanimity in this tribute of gratitude and attachment to the King's government cannot but be highly pleasing to his Majesty."

The fourth and last session of this Parliament was summoned for the 20th of November, 1795, and continued until the 7th of May, 1796, during which twelve Bills were passed that received the royal assent. In his opening speech, his Excellency expressed his "great satisfaction to observe, during the present session, a continuance of the same zealous attention to their legislative duties, and to the general interests of the province, which he had occasion to notice in their former proceedings." His concluding words were:

"Gentlemen of the Legislative Council, and Gentlemen of the House of Assembly, in expressing my approbation of your proceedings, I must further observe that the unanimity, loyalty, and disinterestedness manifested by this first Provincial Parliament of Lower Canada, have never been surpassed in any of his Majesty's provincial dominions; and I feel convinced that the prosperity and happiness of this country will continue to increase in proportion as succeeding Parliaments shall follow your laudable example."

Thus ended the first Parliament of Lower Canada; thus was inaugurated and consolidated its government, which, without the strife of partizanship or the machinery of party, was pure, just, mild, economical, patriotic, and progressive.

Thus also ended, in the course of a few weeks, Lord Dorchester's connection with Canada; for having obtained his Majesty's leave of absence, he embarked with his family for England the 9th of July, 1796. He was far advanced in life; he had been, with few interruptions, connected with Canada, as officer, military commander, and governor, more than thirty-six years. He was with General Wolfe at the siege and taking of Quebec in 1759, where he was wounded; he was colonel of the Grenadiers, and quartermaster-general of Wolfe's army. In the various capacities in which he served, whether as governor or commander-in-chief or diplomatist, he was equally distinguished for his courage and prudence, his justice and humanity, as well as for his many social and private virtues.[168]

His departure from Canada was a matter of universal regret. Farewell addresses were presented to him by the citizens of Quebec, Montreal, and other places—all expressing to him the highest respect and warmest gratitude for his long and valuable services to Canada. The general spirit of these addresses may be inferred from the following expressions:

"Having experienced for many years your lordship's mild and auspicious administration of his Majesty's Government, and being aware that during that period the resources, prosperity, and happiness of this province have increased in a degree almost unequalled, we, the inhabitants of the city of Quebec, respectfully request your lordship to accept our sincere and most grateful thanks and acknowledgments.

"The length of your residence in the province; the advantages derived to our society from the example of private virtues shown by yourself and your family; your lordship's uniform prudent and paternal attention, under every change of time and circumstance, to the true interests of his Majesty's subjects entrusted to your immediate care, and that gratitude which we feel (and must be permitted to repeat), excite in our minds the warmest sentiments of personal attachment, of which allow us to tender you the strongest assurance.

"Under these impressions, we view your lordship's intended departure with the deepest regret; and submitting to your determination to leave us with unfeigned reluctance, we entreat you to accept our most sincere wishes for the future prosperity of yourself and all your family."

In the Montreal address we have the following expressions of sentiment and feelings:

"The inhabitants of Montreal, penetrated with gratitude for the happiness enjoyed by them under your lordship's administration of the government of this province during a great number of years, embrace the present opportunity of your intended departure for Great Britain to entreat you to receive their humble acknowledgments and accept their most sincere wishes for your health and prosperity, and for that of all your family.

"The prudence and moderation which distinguished your conduct in the province assured internal peace and tranquillity, and in reflecting infinite honour on your lordship, have fully justified the confidence reposed in you by our august Sovereign, and assured to you the affections of the inhabitants."

The grateful and affectionate answers of Lord Dorchester to both addresses may be easily conceived. The comparatively happy state of things indicated by these addresses continued, with interruptions, for about ten years after Lord Dorchester's departure.

Lord Dorchester was succeeded by General Prescott, who became lieutenant-governor, until he was relieved the 31st of July, 1799, by the appointment of Sir Robert S. Milnes, who acted as lieutenant-governor of the province during the ensuing six years, when the senior Executive Councillor, Thomas Dunn, succeeded to the administration of the government for two years, until the appointment, in 1807, of Sir James Craig as lieutenant-governor and commander-in-chief, under whose administration the reign of discord and strife of race became predominant, with the natural results which in long years afterwards ensued. These matters, however, do not come within the province of my history of the Loyalists of America.

But it is to be observed that though the French had much to complain of, having scarcely any representation in the Legislative Council, none in the Executive, and none in the Provincial Board of Education, called the "Royal Institution," which had the care of education in the province,[169] and therefore had to depend alone upon their own elected representatives in the House of Assembly for the protection of their rights and feelings; yet they evinced a loyalty through all these years, and through the war of 1812-1815, not excelled by the British inhabitants of Lower Canada, or of any other colony, notwithstanding the efforts of French and American emissaries to create disaffection in the province. A remarkable illustration of the loyalty of the French in Lower Canada occurred in 1805: "The horrors of the French revolution had passed by, but Great Britain and France were still engaged in a desperate war. By land, on the continent of Europe, the French, under Napoleon I., were everywhere victorious against the countries in alliance with Great Britain. But England by sea was more than a match for France; and on October 21st, 1805, won the battle of Trafalgar, by which the French naval power was destroyed. The news of this victory reached Canada early in January, 1806. The Canadians of French origin immediately showed that they felt less sympathy for their own race, and less pride in its military prowess, than gratification at the naval success of the empire of which they formed a part. They indulged in patriotic songs, and testified their interest by illuminations and other modes of rejoicing."[170]

FOOTNOTES:

[Footnote 151: Bancroft, Vol. VII., Chap. xiv., pp. 157, 158.]

[Footnote 152: "The excitement in England and Canada on the passage of the Act was, however, only a breeze compared to the storm of indignation which it raised in the thirteen other provinces when the news reached them; and there is no doubt but that the passage of this Act was 'the last drop' which overflowed the cup of colonial patience, and led directly to the Declaration of Independence." (Tuttle's History of the Dominion of Canada, Chap, lix., pp. 295, 296.)]

[Footnote 153: "The provisions of the Quebec Act dissatisfied all parties when they came to be executed. The French majority, being represented by less than one-fourth of the number of members in the Council, thought themselves but little better off than when a purely military government. The English party considered themselves injured because the trial by jury, in civil cases, had been taken away. The absence of a representative form of government, and of the privileges of the Habeas Corpus Act, made them feel that they were denied the rights of British subjects.

"Nobody being satisfied, and the Governor (Sir Frederick Haldimand, whose governorship lasted from 1778 to 1785) being very arbitrary, discontent reigned in the provinces. There were loud complaints, not only of the Governor's tyranny, but also that justice was not fairly administered by the judges in the course of law.

"Many persons, on slight grounds, were thrown into prisons, were sent to England, and at length, 1785, the unpopular Governor demanded his own recall.

"The English Government saw that steps must be taken to put an end to the general discontent. But this could not be done without making such changes as might satisfy the increasing English and Protestant population as well as the French and Roman Catholics. Nor could such changes be made on the instant, or without due preparation. Accordingly, in the first instance, trial by jury in civil cases, and the law of habeas corpus, was introduced into the province (in 1788). Next it was determined to procure further and more perfectly reliable information about all its internal affairs, and find out, it possible, the best modes of removing the causes of complaint.

"Lastly, as a proof of the desire to deal impartially with the King's Canadian subjects, it was decided to send out, as governor, one who had rendered himself acceptable to all classes. This was no other than the popular Sir Guy Carleton, who had been made a peer with the title of Lord Dorchester, who reached Quebec in October, 1786. During the succeeding five years, until 1791, when he again departed (for a short time) to England, the Governor did all in his power to mitigate the bad feelings growing out of the differences of race, creed and language. In order to procure for the English Ministers the information they needed about the internal affairs of the province, he appointed Committees of Inquiry to inquire into all particulars relating to commerce, education, justice, the militia, and the tenure of lands; to make full reports upon these; to suggest changes and improvements by which existing evils might be remedied." (Dr. Miles' School History of Canada, Chap. v., pp. 181, 182.)

See also Tuttle's History of the Dominion of Canada, Chap. v., p. 322.]

[Footnote 154: It was the discussion on this Bill which produced the first separation between Fox and Burke. The mind of Burke was excited to the highest degree by the principles and horrors of the French revolution, and he had frequently denounced it with the full force of his lofty eloquence; while Fox had repeatedly expressed his admiration of the French revolution. When the Canada Bill was discussed in the House of Commons, Burke commenced his speech by a philippic against the republican principles of the revolutionary Government of France; and concluded by declaring that if by adhering to the British Constitution would cause his friends to desert him, he would risk all, and, as his public duty taught him, exclaim in his last words, "Fly from the French Constitution!" Fox said in a low voice, "There is no loss of friendship, I hope." "Yes," retorted Burke, "there is a loss of friendship. I know the price of my conduct. Our friendship is at an end." Such a scene followed as had seldom, if ever, been witnessed in the House of Commons. Members were veritably affected by such an open rupture between those two celebrated statesmen and orators. Fox shed tears; and it was some time before he could sufficiently command his emotions to reply.]

[Footnote 155: This was an under-estimate of the population of both provinces. Later and reliable authorities estimate the population of Lower Canada in 1791 at 150,000, of whom about 15,000 were British; in 1763 the population of Lower Canada was estimated at 65,000; the population had therefore more than doubled during the twenty-seven years of English rule. Before 1782, the English-speaking Protestant inhabitants were very insignificant in number; but after 1782 they increased rapidly, and are estimated at upwards of 15,000, and by some writers as high as 30,000 in the year 1791. The great majority of them, besides, were of classes of people accustomed to think for themselves, also officers and disbanded soldiers belonging to the army, and emigrants from the British Isles, who came to make homes for their families in Canada. (Miles' School History of Canada, Part II., Chap. v., pp. 183, 184.)

It is stated on the best authorities that 10,000 Loyalist emigrants arrived in what was afterwards designated Upper Canada, during the year 1783; in 1791 the population of Upper Canada is stated to have been 12,000.]

[Footnote 156: "In June, 1786, Sir Guy Carleton, now raised to the peerage as Lord Dorchester, was appointed Governor-General of all the provinces, and Commander-in-Chief of all the forces in British America. He arrived at Quebec on the 23rd of October, and was joyfully received by all classes, but especially by the Canadians, with whom he was a great favourite on account of the mildness and justice with which he had treated them during his former administrations. At the same time there also arrived a new Chief Justice for Quebec, Mr. Smith, who had been Attorney-General for New York, but had been forced to leave on account of his loyalty to the British Crown." (Tuttle's History of the Dominion of Canada, Chap. lxv., p. 321.)]

[Footnote 157: "The elections came off during June, and the people exercised their new privilege with prudence and judgment, returning good men; and although the elections were warmly contested in some places, everything passed off quietly. There were fifteen English-speaking members elected, amongst whom were some of the leading merchants, such as James McGill, Joseph Frobisher, John Richardson and others, whose descendants are still amongst our leading citizens. Amongst the French elected were many of the most prominent seignors, such as Louis De Salaberry, M.H. De Rouville, Philip Rocheblave, M.E.G.C. De Lotbiniere, M. La Vatrice and others. Altogether, it is generally claimed that the first Assembly of Lower Canada was the best the province ever had." (Tuttle's History of the Dominion of Canada, Chap. lxviii., p. 330.)]

[Footnote 158: The French-speaking members nominated Mr. J.A. Parret (Panet), a leading advocate of Quebec; and the English party nominated successively Mr. James McGill, one of the most prominent merchants of Montreal, and William Grant, of Quebec. The feeling was strong on each side to have in the Speaker a gentleman of their own language; but Mr. Parret (Panet) was ultimately chosen by a large majority, to some extent because he understood and spoke both languages fluently. This gentleman occupied the position of Speaker for upwards of twenty years, and fully justified the wisdom of the first Assembly in electing him.—Ib., p. 330.

It is singular that in some histories of Canada it should have been stated that the Speaker elected by the first House of Assembly could speak no other tongue than the French language. Mr. Archer, in his History of Canada for the Use of Schools, says: "By a vote of twenty eight to eighteen, M. Panet, who could speak no language but his native French, was chosen" (p. 269). Mr. Withrow, in his excellent History of Canada, says: "Mr. Panet, a distinguished advocate, who spoke no language but his native French, was elected Speaker of the Assembly" (p. 291). The very discussion which took place on the election of Speaker turned chiefly on the point whether a Speaker should be elected who could speak one or both languages. Mr. P.L. Panet, brother to Mr. J.A. Panet, who was elected Speaker, in reply to some of his own countrymen who advocated the exclusive use of the French language, while he advocated the ultimate use of the English language alone in the Legislature and in the courts of law, commenced and concluded his speech in the following words: "I will explain my mind on the necessity that the Speaker we are about to choose should possess and speak equally well the two languages."—"I think it is but decent that the Speaker on whom we may fix our choice be one who can express himself in English when he addresses himself to the representative of our Sovereign." (Christie's History of Canada, Vol. I., Chap. iv., pp. 127, 128, in a note.) Mr. Christie, after stating in the text about "J.A. Panet, Esq., an old and eminent advocate of the Quebec bar, returned a member for the Upper Town of Quebec, was chosen by the Assembly for its Speaker," remarks, in a note, before giving the speech of Mr. P.L. Panet quoted above, that "this excellent man and good citizen (J.A. Panet) served, as we shall see in proceeding, many years as Speaker, and without other remuneration or reward than the approbation of his fellow-citizens and subjects." (Tuttle's History of the Dominion of Canada, Chap. lxvii., p. 127.)]

[Footnote 159: The transmission of this letter occupied ten weeks, it being dated the 9th of February, and reaching Quebec the 25th of April. In the Quebec Gazette of the 10th of November, 1792, it is stated that the latest news from Philadelphia and New York was to the 8th of October, giving accounts of a battle on the Wabash and Arguille rivers, between an expedition of American forces under General Wilkinson and a body of Indians, in which the latter were routed. In a notice from the "General Post Office, Quebec, 17th of November, 1791," information is given that "a mail for England will be closed at this office on Monday, the 5th of December next, at four o'clock p.m., to be forwarded by way of New York, in H.M. packet-boat which will sail from thence in January." (Christie's History of Canada, Vol. I., Chap. iv., p. 142.)]

[Footnote 160: "Thus ended the first session of the first Parliament of Lower Canada, and as a whole we may say that the session was a satisfactory one. The demons of party spirit and of national prejudice had indeed shown themselves; but only enough to show that they were in existence, and would become potent agents of discord as the heat of political contest warmed them into life. The war of races, which had been going on between the French and English on this continent for over a century and a half, was not ended by the capitulation and cession of Canada; only the scene of action was changed from the battle field to the council chamber, and words and ballots took the place of swords and bullets. The French Canadians showed at the very commencement of constitutional government that they considered the French language, the French people, the French laws, and the French religion, the language, people, laws, and religion of Canada, and that the English were only interlopers who had no business there, and with whom they were to affiliate as little as possible." (Tuttle's History of the Dominion of Canada, Chap. lxviii., p. 332.)

With the exception of the first sentence, we have no sympathy with the spirit or sentiment of the above quoted passage. The addresses to the Governor and the King show that the French did not regard the British as intruders, but as the legitimate rulers of the country, to whom they expressed all possible respect and loyalty. All that they asked on the question of language was, that in legislative and judicial proceedings the French language might be equally used with the English language; and was this unreasonable on the part of those who then comprised nine-tenths of the population, and whose laws and exercise of worship had been guaranteed by the articles of capitulation and the Quebec Act of 1774?]

[Footnote 161: "The Provincial Parliament met again at Quebec on the 11th of November, 1793, and was opened by Lord Dorchester, who had arrived at Quebec from England on the 24th of September, and re-assumed the government; his Excellency Major-General Clarke returning to England, bearing with him the best wishes of those whose Constitution he had fairly started, and put in operation to their satisfaction. His government had been popular, and he received several flattering addresses at departing.

"Lord Dorchester's return was cordially welcomed, a general illumination taking place at Quebec the evening of his arrival." (Christie's History of Canada, Chap. v., p. 145.)

"The great French revolution, causing France such awful scenes of distress and bloodshed as the world had never seen before, was in progress. It made the Canadians feel that their transfer to the Crown of England now saved them from innumerable evils which would have been their lot had Canada been again restored to France.

"Lord Dorchester's popularity and personal influence were made useful in preventing the people of the provinces from being misled by seditious persons who came from France on purpose to tamper with them." (Miles' School History of Canada, Part Third, Chap. i., p. 190.)

"All Europe was engaged in war, and the emissaries of the French republic were busily at work trying to gain sympathy in the United States, and stir up that country to war with England—an effort which would probably have succeeded had it not been for the firmness of Washington. The consul for France in the United States was also endeavouring to spread republican ideas in Canada, to incite the people to revolt against British authority, and to declare themselves in favour of the republic. It was no wonder then that the great bulk of the law-abiding and peace-loving citizens of Canada welcomed Lord Dorchester with delight—one who had for so many years been associated in their recollections with peace and prosperity, and who had successfully resisted the attack of the only foe who had assailed Quebec during his many administrations." (Tuttle, Chap. lxviii., p. 333.)]

[Footnote 162: It appears by a proclamation of Lord Dorchester, dated the 26th of November, a fortnight after the commencement of the session of the Legislature, that there were emissaries of France and others in the province, who were busy in propagating among the inhabitants the revolutionary principles of the infidel and bloody rulers of France. He says: "Whereas divers evil-disposed persons had lately manifested seditious and wicked attempts to alienate the affections of his Majesty's loyal subjects by false representations of the cause and conduct of the persons at present exercising supreme authority in France, and particularly certain foreigners, being alien enemies, who are lurking and lie concealed in various parts of this province, acting in concert with persons in foreign dominions (evidently alluding to parties in the United States), with a view to forward the criminal purposes of such persons, enemies of the peace and happiness of the inhabitants of this province, and of all religion, government, and order." His Excellency therefore called upon all magistrates, captains of militia, peace-officers, and others of his Majesty's good subjects throughout the province, to be vigilant, and to do their utmost to discover and secure all and every person who might hold seditious discourses, or utter treasonable words, spread false news, publish or distribute libellous papers, written or printed, tending to excite discontent or lessen the affections of his Majesty's subjects, or in any manner to disturb the peace and happiness under his Majesty's government in this colony, etc.]

[Footnote 163: "The prince, shortly after this, receiving notice of his promotion to the rank of major-general, and appointment to a command in the West Indies, was presented, previous to his departure from Quebec, with several congratulatory letters of a most gratifying character. The Legislative Council, the Roman Catholic clergy, the citizens of Quebec, and the burgesses of William Henry paid his Royal Highness spontaneous respects in this manner, to whom he responded feelingly and affectionately, for the spontaneous proofs of esteem which in parting they gave him; and which in truth were not the effusions of adulation, but an homage of a grateful people to the intrinsic virtues and the social and manly character of a son of, as he was truly called, 'the best of sovereigns.'" (Christie's History of Canada, Vol I., Chap. v., p. 140.)]

[Footnote 164: The account transmitted was under six heads:

1. "The casual and territorial revenue established prior to the conquest, which his Majesty has been most graciously pleased to order to be applied towards defraying the civil expenses of the province."

2. "The duties payable to his Majesty under the Act of the 14th of his reign, chap. 88 (the 'Quebec Act'), on articles imported into the province of Quebec, and on licenses to persons for retailing spirituous liquors."

3. "The duties imposed by the Provincial Legislature, with the appropriation and balance."

4. "Amount of cash received from fines and forfeitures imposed by the courts of justice."

5. "The naval officers' returns inwards since the division of the province, which were originally intended as a check on the customs, but seem not to answer the end imposed."

6. "A statement of the monies taken out of the pocket of the subject on this account; its progress and diminution before it lodges in the public coffers, with the after diminution on account of the collection, that every circumstance of this important business may be constantly before their eyes; that in the outset of the Constitution, and its progress, they may guard this important branch from those corruptions and abuses which have brought so many miseries on other nations."]

[Footnote 165: Christie's History of Canada, Vol. I., Chap. v., where the accounts referred to are given in detail.]

[Footnote 166: This return contained all the accounts transmitted the year before, under the six heads mentioned in a previous note, page 298, (Footnote 164: above) and other accounts under fourteen additional heads, the eighth of which is as follows:

"No. 8. Estimate of such part of the civil expenditure for the ensuing year as may enable the House of Assembly to calculate the ways and means for the most necessary supplies; all the pensions, amounting to L1,782 6s. 6d. sterling, though chiefly granted for services rendered in Canada, are deducted, these services being considered as rendered to the empire at large; it is from thence, therefore, their rewards, with other acts of benevolence, may be expected to flow. The salaries of sundry officers, to the amount of L782 10s., appearing to belong to the military rather than the civil expenditure, are also deducted."]

[Footnote 167: The following extract from their report illustrates the amicable spirit in which the Commissioners of the two provinces entered upon their work and arranged the matters committed to their trust:

"The Commissioners, as well as those for Upper Canada, being authorized to enter into an agreement for a further period, and being equally desirous to treat on the subject, which if unprovided for might give rise to difficulties hereafter; being at the same time most solicitous on both sides to preserve the harmony and cordiality which prevail between the two provinces, the article of the provisional agreement for two years was cheerfully assented to. By that article the province of Upper Canada is entitled to one-eighth part of the revenue already payable on goods, wares, or merchandise coming into Lower Canada, under an Act of the Legislature thereof; and to assure the most perfect freedom of trade with the sister province, it is provided that no imposts or duties shall be imposed or shall be laid by Upper Canada, which renders unnecessary the establishing of Custom-houses on the line which divides the two provinces, but saves to both an expense which, in all probability, would far exceed any trifle of revenue that this agreement may take from one or the other of the provinces more than their legitimate proportion."]

[Footnote 168: The conduct and character of Lord Dorchester as governor and commander-in-chief of the army may be inferred from the following among many other notices in the Index to Bancroft's History of the United States, Vol. X., p. 616:

"Carleton, Guy, afterwards Lord Dorchester, colonel of Grenadiers in Wolfe's army; is wounded; is at Havana (one of the commanders in taking it); Governor of Canada; has full authority to arm and employ the Canadians and Indians against the Americans; abhors the scheme; takes measures for the defence of the province; the command of Canada assigned to him, he will not turn the savages loose on the frontier; returns no answer to Montgomery's summons; repels the assault made by that general; is lenient to his prisoners; his humanity to sick Americans left behind; blamed for restraining the Indians; restrains the ravages of the Indians; the King and Ministers are displeased at this; Carleton prepares to invade the United States; is displeased at being superseded by Burgoyne; refuses to assist Burgoyne; is complained of by that officer; supersedes Clinton in America; his humanity; restrains Indian hostility."]

[Footnote 169: "It was also one of the grievances in Lower Canada that Protestants alone were appointed Executive Councillors, and that while the chief Protestant ecclesiastic was admitted, the Roman Catholic Church was not allowed to be represented. Great offence was also caused by this to the great majority of the inhabitants, which was made to be felt the more keenly by the determination of the Council not to acknowledge the title, or even existence, of a Roman Catholic bishop in the province." (Miles' School History of Canada, Part III., Chap. ii., pp. 195, 196.)]

[Footnote 170: Miles' School History of Canada, Part III., Chap. i., pp. 192, 193.]



CHAPTER XLVI.

GOVERNMENT OF UPPER CANADA.

The Constitution of Upper Canada was the same as that of Lower, established by the same Constitutional Act of 1791, the Act 31 George III., Chapter 31.

Before the Constitution of Upper Canada was established, when it formed part of the province of Quebec, Lord Dorchester, by proclamation, divided the now western part of the province, afterwards Upper Canada, into four districts with German names—namely, Lunenburg, extending from the River Ottawa to Gananoque; Mecklenburg, extending from Gananoque to the Trent; Nassau, extending from the Trent to Long Point, on Lake Erie; and Hesse, including the rest of the western part of Upper Canada to the Lake St. Clair. To each of these four districts a judge and a sheriff were appointed, who administered justice by means of Courts of Common Pleas.

Under the new Constitution, Upper Canada, like Lower Canada, had a Legislature consisting of a Governor, appointed by the Crown, and responsible only to it; a Legislative Council, appointed by the Crown, and the members appointed for life; and a Legislative Assembly, elected by the freeholders of the country. The Assembly was to be elected once in four years, but might be elected oftener if dissolved by the Governor, and was empowered to raise a revenue for public services, roads, bridges, schools, etc.; the Legislative Council consisted of seven members, appointed for life by the Crown; the House of Assembly consisted of sixteen members, elected by the people.

By usage and by approbation of the Imperial Government, though not by the provisions of the Constitutional Act, the Lieutenant-Governor was assisted, mostly ruled, by an Executive Council, consisting for the most part of salaried officers, judges, and members of the Legislative Council, who were not responsible either to the Governor or to the Legislative Council, or to the House of Assembly—an independent, irresponsible body—an oligarchy which exercised great power, was very intolerant, and became very odious.

The first Lieutenant-Governor of Upper Canada was General John Graves Simcoe, who had commanded the Queen's Rangers in the revolutionary war; he was a landed gentleman, elected to the British House of Commons, in which he supported the Constitutional Act of 1791, and afterwards accepted the office of Lieutenant-Governor of Upper Canada created by that Act, and did all in his power to give beneficial effect to it. He arrived in Upper Canada the 8th of July, 1792, when the members of the Executive and Legislative Councils were sworn in at Kingston, and writs were issued for the election of members of the Legislative Assembly.

After much hesitation and perplexity, the seat of government was first established at a village then called Newark, now Niagara, at the mouth of the Niagara River, where the Governor built a small frame house which had to serve as a Parliament House, as well as residence for the Lieutenant-Governor. The Governor, with the usual state and ceremony, opened the first session of the first Parliament of Upper Canada the 17th of September, 1792. There were present three members of the Legislative Council and five members of the House of Assembly. The members of the Assembly have been represented as "plain, home-spun clad farmers and merchants, from the plough and the store." The members of the Legislature have always, for the most part, been such from that day to this, but many of the members of the first Parliament of Upper Canada had possessed respectable, and some of them luxurious homes, from which they had been exiled by narrow-minded and bitter enemies; they had fought on battle fields for the country whose forests they now burned and felled; their home-spun garments were some of the fruits of their own industry, and that of their wives and daughters. Eight years had elapsed since 10,000 of these United Empire Loyalists, driven from their homes in the States, came into the dense wilderness of Upper Canada, to hew out homes for themselves and their families in the vast solitude, the silence of which was only broken by the barking of the fox, the howl of the wolf and the growl of the bear, and the occasional whoop of the Indian.[171]

The population of Upper Canada was, in 1792, about 12,000 souls. The Loyalist pioneers of Upper Canada fought as bravely against privations, hardships, and dangers in founding their forest homes, as they had done in the Royal ranks in the defence of the unity of the empire. During the first ten years of their hard enterprise and labours, the forest began to yield to the axe of industry, and the little cabins, and clearings, and growing crops gave evidence of human life and activity; but there were no towns or large settlements; the inhabitants were scattered in little groups, or isolated log-houses, along the north shores of the River St. Lawrence, Lakes Ontario and Erie, and of the Detroit river, the only gathering of houses or villages being Kingston, Newark, and Amherstburg.

The first session of the first Parliament of Upper Canada lasted only four weeks, commencing the 17th of September, and closing the 15th of October, 1792; the first session of the Parliament of Lower Canada lasted nearly five months—from the 17th of December, 1792, to the 9th of May, 1793. During these nearly five months, the Legislature of Lower Canada passed eight Bills, all well prepared and useful, but with much ceremony and delay from the polite French seignors; the Legislature of Upper Canada, in their session of four weeks, also passed eight Bills, indicating no haste, well prepared, and of importance and useful. The Bills passed provided for the introduction of English law; the trial by jury; for the charge of millers, limiting their allowance for grinding and bolting grain to the rate of one bushel for every twelve bushels ground; for the easy recovery of small debts; for the change of the German names of the four districts into which Lord Dorchester had divided what now constituted Upper Canada, and granted to the United Empire Loyalists. Lunenburg, extending from the River Ottawa to the River Gananoque, was now called the Eastern District; Mecklenburg, extending from Gananoque to the River Trent, was called the Middle or Midland District; Nassau, extending from the Trent to Long Point, on Lake Erie, was called the Home or Niagara District; and Hesse, embracing the rest of Canada, west to the Lake St. Clair, was called the Western or Detroit District. These districts were again divided into twelve counties. An Act was also passed to erect a jail and court-house in each district.

Governor Simcoe closed this session of the Parliament the 15th of October, 1792, and after complimenting both Houses on the business-like manner in which they had performed their legislative duties, concluded his proroguing speech with the following significant words:

"I cannot dismiss you without earnestly desiring you to promote, by precept and example, regular habits of piety and morality, the surest foundations of all private and public felicity; and at this juncture I particularly recommend you to explain that this province is signally blessed, not with a mutilated Constitution, but with a Constitution which has stood the test of experience, and is the very image and transcript of that of Great Britain, by which she has long established and secured to her subjects as much freedom and happiness as is possible to be enjoyed under the subordination necessary to civilized society."

When Governor Simcoe selected Newark as the seat of government, he thought that Fort Niagara, on the opposite side of the river, would be ceded to England, as it was then occupied by a British garrison; but when he found that the Niagara river was to be the boundary line between Great Britain and the United States, and that the British garrison was to be withdrawn from Fort Niagara, he judged it not wise that the capital of Upper Canada should be within reach of the guns of an American fort. He made a tour through the wilderness of the western peninsula, and proposed to found a new London for the Canadian capital, on the banks of what he then called the River Thames, the site of the present city of London, in the heart of the western district, and secure from invasion; but Lord Dorchester preferred Kingston, which he had made the principal naval and military station of the province. To this Governor Simcoe objected. It was at length agreed to select York, as it was then called, the site of an old French fort. Though the surrounding land was low and swampy, the harbour was excellent.

Governor Simcoe removed to the new capital before a house was built in it, and lodged some time in a large canvas tent, pitched on the site of the old fort, at the west end of the bay. He employed the Queen's Rangers, who had accompanied him, to open a main road—Yonge Street—from York to Lake Simcoe, called after the Governor himself. He proposed to open a direct communication between Lakes Ontario and Huron, and then with the Ottawa; and projected an enlightened and vigorous policy for promoting the development of the country, its agriculture, fisheries, population, trade, etc.; but before he had time to mature and give effect to his plans, he was suddenly removed, in 1796, from the government of Upper Canada to that of St. Domingo, in the West Indies. He was succeeded in the government by the senior member of the Executive Council, the Hon. Peter Russel, who improved his two years' administration, not by carrying out the patriotic plans of his predecessor, but by granting lands to himself and his friends for speculation, to the impediment of settlements and often to the disappointment and wrong of real settlers, whose applications for lands were rejected, which were afterwards granted to the land-speculating friends of the Governor, or to himself—whose grants to himself are said to have run something on this wise: "I, Peter Russel, Lieutenant-Governor, etc., do grant to you, Peter Russel, etc."[172]

General Simcoe zealously encouraged emigration to and settlement in the country, and during the four years of his administration the population increased to 30,000. There was a very considerable emigration from the United States of persons who did not like the new system of government there, and to whom the first Loyalist settlers had written, or visited, giving a favourable account of the climate and productiveness of the country.

Though the seat of government was removed to Toronto in 1795, the Parliament continued to meet at Niagara until 1797. During its successive sessions at Niagara (then Newark), the Parliament passed Acts for the civil and municipal administration of the country, the construction of roads, fixing duties on goods imported from England and the United States, etc., etc. The Legislature gave a reward of twenty and ten shillings respectively for the heads or scalps of wolves and bears, an Act suggestive of the exposures of the early settlers; and allowed the members of the Assembly ten shillings per day each. In the second session, the first Parliament passed an Act forbidding the introduction of slavery into the province—ten years in advance of Lower Canada on this subject.

Major-General Hunter succeeded the Hon. Peter Russel, in 1799, as Lieutenant-Governor of Upper Canada. He possessed little energy or enterprise, and did little or nothing except as advised by his Executive Council of five; so that the Government of Upper Canada was practically an oligarchy, irresponsible alike to Governor and people, each member receiving L100 per annum as Councillor, besides the lands he was able to obtain. Yet the Government, upon the whole, was satisfactory to the country, and commanded for many years the support of its elected representatives.

When General Hunter first met the Parliament in Toronto, the 2nd of June, 1800, the growth of Upper Canada having been rapid, its population now numbered upwards of 50,000. This year, 1800, the Legislature passed an Act prohibiting the sale of spirituous liquors to the Indians. In 1802, the Legislature of Upper Canada, as had that of Lower Canada, passed an Act appropriating L750 to encourage the growth of hemp, in order to render England independent of Russia in the supply of hemp for cordage for the navy, as was being rapidly the case in the supply of timber to build ships. As obstructions on the St. Lawrence rendered communication more difficult between Upper and Lower Canada than with Albany and New York, articles of commerce from Europe could be more readily brought in by that route than by the St. Lawrence; a considerable trade sprang up with the United States, which rendered necessary the establishment of custom-houses on the frontiers. Accordingly, ports of entry were established at Cornwall, Brockville, Kingston, Toronto, Niagara, Queenston, Fort Erie, Turkey Point, Amherstburg, and Sandwich, the duties being the same on American as on English goods. The Governor was authorized to appoint collectors, at salaries not exceeding L100 currency per annum, except when the amount of duties collected at a port was less than L100, in which case the collector was allowed one-half of the amount collected in lieu of salary.

In 1807 Parliament made provision for eight masters of grammar schools, one for each district, and at a salary of L100 currency ($400) for each master.

In the meantime emigration continued large. Many of the emigrants were from the United States. The troubles of '98 in Ireland were followed by a large Irish emigration to Canada; there were also a considerable number of Scotch and a few English emigrants; but the larger number of emigrants were from Ireland and the United States.[174]

The Legislature continued from session to session to pass Bills for the various improvements of the country; after doing which its members did not give much attention to politics, but devoted themselves to the culture and enlargement of their farms, of which their descendants are at this day reaping large advantages.[175]

Mr. McMullen, in his History of Canada, speaking of the year 1809, says:

"No civilized country in the world was less burdened with taxes than Canada West at this period. A small direct tax on property, levied by the District Courts of Session, and not amounting to L3,500 for the whole country, sufficed for all local expenses. There was no poor rate, no capitation tax, no tithes, or ecclesiastical rates of any kind. Instead of a road tax, a few days' statute labour annually sufficed. Nowhere did the working man find the produce of his labour so little diminished by exactions of any kind. Canada West literally teemed with abundance; while its people, unlike the early French and Americans, had nothing to fear from the red man, and enjoyed the increase of the earth in peace."

I have thus given a brief narrative of the formation of the government of Upper Canada, and of the first seventeen years of its operations, down to the period when the anticipated hostilities between Great Britain and the United States—the latter being the tools of Napoleon to rescue Canada from Great Britain—rendered preparation necessary on the part of the Loyalists of Canada to defend their country and homes against foreign invasion.

I have also given some account of the first settlement of the country, and the privations and hardships of the first settlers. But believing that a narrative from a single pen could not do justice to this subject, or could present to the reader, in so vivid and interesting a light, the character, sufferings, courage, and enterprise of our country's forefathers and founders, as narratives from themselves, with the diversity of style characteristic of communications from various sources, I have therefore inserted in Chapter XLI. those interesting papers transmitted to me from time to time, at my request, during the last twenty years.

FOOTNOTES:

[Footnote 171: But the Indians were friendly to white settlers, as they have always been. Almost the entire Mohawk tribe, with other loyalist Indians, under their chief, Joseph Brant, followed the fortunes of their white loyalist brethren, and settled on their reservation on the Grand River. Brant had been educated in a Christian school in Philadelphia; had a comfortable home, and lived respectably on the Mohawk river before the American revolution; had entertained missionaries, and had assisted one of them in translating a part of the New Testament and Prayer Book into the Mohawk language. Colonel Stone, in his "Life of Brant" and the "History of the Border Wars of the American Revolution," has nobly vindicated the character of Brant, and of his brethren of the Six Nations, from the misrepresentations and calumnies of American historians. Brant was a member of the Church of England, and built a church in his settlement in 1786, in which was placed the first church bell ever heard in Upper Canada.]

[Footnote 172: "During Colonel Simcoe's administration he had been exceedingly careful with regard to the distribution of lands; but immediately on his departure, irregularities began to creep into the Crown Land Department, just as it had in Lower Canada, and great injustice was done to the actual settlers. Large tracts of the most eligible sites were seized upon by Government officials and speculators, and the actual settlers found themselves in many instances thrust into out-of-the-way corners, and cut off from intercourse with any near neighbours for want of roads." (Tuttle's History of the Dominion of Canada, Chap. lxxxiii., p. 387.)

"On the removal of Governor Simcoe,[173] of his wise schemes fell through. Land designed for settlements was seized by speculators, especially in the vicinity of Toronto, and the general development of the country was greatly retarded." (Withrow's History of Canada, Chap, xvi., p. 293.)

Scarcely any—if any—of these early land speculators had served as United Empire Loyalists during the revolutionary war; and their descendants, if existing, are as little known as if their fathers had never lived.]

[Footnote 173: Lord Dorchester did not endorse Governor Simcoe's policy, as the latter had not concurred with the former in giving German names to the four first districts of Upper Canada, and in the selection of the seat of government. The American Government represented Governor Simcoe as exciting the Iroquois or Mohawks, both in Canada and Western New York, against it—representations in which there was not a shadow of truth, though Americans were endeavouring to excite disaffection to the British Government and sympathy with republican France against England in both Upper and Lower Canada, especially in the latter province. But by these representations, and those of disappointed local speculators, the Home Government removed Governor Simcoe, the father of constitutional, pure, and progressive government in Upper Canada.]

[Footnote 174: "In Upper as well as Lower Canada the first sixteen years' experience of the new Constitution had been very encouraging. All concerned in working it out during that period kept as clear as possible from causes of discord. The consequence was that harmony and good progress marked the early career of the province." (Miles' School History of Canada, Part III., Chap. i., pp. 193, 194.)]

[Footnote 175: "Meanwhile the country had steadily prospered, undisturbed in its forest isolation by the great European war, which was deluging with blood a hundred battle fields and desolating thousands of homes. By the year 1809, the population had increased to about 70,000. Taxes were exceedingly light. The Customs revenue, derived principally from the imports of groceries—for clothing was chiefly home-spun—amounted to L7,000." (Withrow's History of Canada, Chap. xxi., p. 296.)]



CHAPTER XLVII.

WAR BY THE UNITED STATES AGAINST GREAT BRITAIN, FROM 1812 TO 1815—INTRODUCTORY AND GENERAL REMARKS.

The war between Great Britain and the United States, from 1812 to 1815, furnishes the strongest example of the present century, or of any age or country, of the attachment of a people to their mother country, and of their determination, at whatever sacrifice and against whatever disparity, to maintain the national life of their connection with it. The true spirit of the Loyalists of America was never exhibited with greater force and brilliancy than during the war of 1812-1815.

England was engaged in a death struggle for the independence of the continental nations of Europe and the rights of mankind. At the darkest hour of that eventful contest, when the continent was drenched with the blood of nations, and the Tyrant had his feet upon their neck, and England alone stood erect, taxing her resources to the utmost and shedding her best blood for human freedom, the Democratic party in the United States—the ever anti-British party—the pro-slavery party—the party in the United States least subordinate to law and most inimical to liberty—at such a crisis such a party declared war against Britain, and forthwith invaded Canada, before the declaration of war was known in England.

At that time the population of Lower Canada was 225,000 souls—200,000 of whom were French; the population of Upper Canada was 75,000; the population of the United States was upwards of 8,000,000: so that the population of the two Canadas was to that of the United States as one to twenty-seven; and the population of Upper Canada was to that of the United States as one to one hundred and six.

Yet the Canadas, with a frontier of more than 1,000 miles, and aided by a few regiments of regular soldiers, sent as a mere guard for the principal cities, from Halifax to Amherstburg, resisted the whole military power of the United States for two years, at the end of which not an inch of Canadian ground was in possession of the invaders; and within six months after England had given freedom and peace to Europe—chaining its Tyrant to the island rock of Elba, sweeping with its fleet the coasts of the United States, and sending 16,000 veteran soldiers to aid the struggling Canadas—the boasting Madison and his Government sued for peace, without even mentioning the original pretexts of war, which Great Britain generously granted.

It does not come within our purpose to write a history of this war; we present only such phases and events of it as will illustrate the Loyalist spirit and courage of the Canadians, French as well as English, and even true Americans; for the American settlers in Canada were, with few exceptions, as loyal subjects and as bold defenders of their adopted country as the U.E. Loyalists themselves; and even the most virtuous and intelligent part of the citizens of the United States protested against the alliance of the Democratic rulers at Washington with the tyrant and scourge of Europe.

We shall notice, in the first place, the alleged and real causes of the war; secondly, the preparations for it made by the Governments and Legislatures of the two Canadas; thirdly, the invasions of each province, each year, separately, and the battles fought. There were no less than eleven invasions of the Canadas by the American armies during the three years of the war, besides naval engagements, and various incursions of marauding and plundering parties.



CHAPTER XLVIII.

ALLEGED AND REAL CAUSES OF THE WAR.

From the first—from the treaty of peace between Great Britain and the United States in 1783—there was a large party in the United States bitterly and actively hostile to England and its colonies; that party had persecuted and driven the Loyalists from the United States, and compelled them to seek homes in the Canadian wilderness, and had even followed them with its enmities in their new abodes; that party had sympathized with the revolutionists of France, who crimsoned the streets of Paris with the blood of their Sovereign and fellow-citizens, and who sent emissaries to Canada to subvert legal authority, and excite the strife of anarchy and bloodshed. The base of the operations of all the emissaries of French revolutionists in Canada was for twenty years the United States, aided directly and indirectly by American sympathizers; that same party sympathized and even leagued with Napoleon against England while she was defending the liberties of Europe and of mankind; it was the same party that in subsequent years aided the rebel Mackenzie and the rabble Fenians to invade Canada, allowing the United States to be the base of their organizations, and opening to them the American arsenals of arms and ammunition; it was the same party that, in conspiracy with the Tyrant of France and the enemy of human freedom, declared war against Great Britain in 1812, in order to wrest Canada from her possession, and make it an appendage of France and the United States.[176]

The American Government alleged two reasons as the ground of its declaration of war against Britain: the one was, that the British Government had issued Orders in Council which injured the American commerce with other countries; the other was, that the British Government had infringed the rights of the United States by authorizing the boarding of American vessels in search of deserters from the English army and navy, and seizing them.

As to the first of these reasons, namely, the English Orders in Council, the facts are as follow: "After the annihilation of the naval power of France at Trafalgar in 1805, by Lord Nelson, the principal transactions of France at sea were the fitting out and arming of privateers to prey upon the English merchant vessels and commerce. To accomplish his purpose more effectually, Napoleon promulgated the following year after the destruction of his fleet what is called the Berlin Decree."[177]

"No nation was allowed to trade with any other country in any articles the growth, produce, or manufactures of any of the British dominions, all of which, as well as the island of Great Britain itself, were declared to be in a state of blockade. He appointed residents in every trading country, and no ship was to be admitted into any of his ports without a certification of origin; that is, of the nature of the goods they carried, and that no part of these was English. In consequence of these Decrees, the English commerce, during the months of August, September, and October, 1807—that part of the year in which the Berlin Decree of November, 1806, was carried into full effect—was not only greatly cramped, but lay prostrated on the ground, and motionless, before a protecting and self-defensive system was adopted by our Orders in Council."[178]

The British Orders in Council were dated January 7th, 1807, and were a measure of retaliation for the protection of British commerce in response to Napoleon's Berlin Decree of the 21st of November, 1806. By these Orders in Council, "all trade to France or her dependencies was strictly prohibited; all vessels, of whatever nation, which ventured to engage in this trade were declared liable to seizure, and France and her dependencies were thus reduced to that state of blockade with which she had vainly threatened the British islands. The Orders in Council admitted but of one exception to this general blockade of the French empire. The French had declared all vessels liable to seizure which had touched at a British port; the Orders in Council, to counteract this provision, declared, on the other hand, that only such ships as were in that situation should be permitted to sail for France. Thus did the utter extinction of the foreign trade of France result as a natural consequence of the very measures of her own Government; measures which no despotism, how ignorant soever, would have ventured to adopt, had it not trusted to a power which effectually silenced all popular opinion."[179]

As France was the aggressor upon the rights of neutrals by the Berlin Decree, and as the Orders in Council were a defensive retaliation upon France for her attempt to destroy English commerce, the American Government should have first remonstrated with France and demanded reparation; but this was not the case; the outcry of the Madison partizans was against England alone. It is true some grumbling words were uttered by some parties against the policy and acts of the French Government; but mere words to save appearances, not followed up by any acts; for by a collusion between Napoleon and Madison, it was understood that the Articles of the Berlin Decree were not intended to apply to ships of the United States—would not be executed against them—and were intended to destroy the commerce of Great Britain. An American writer (Lossing) remarks, "With a partiality towards the Americans that was practical friendship, the French cruisers did not, for a whole year, interfere with American vessels trading with Great Britain;" and Mr. Alex. Baring, M.P. (afterwards Lord Ashburton), in his Inquiry into the Causes and Consequences of the Orders in Council, said that "no condemnation of an American vessel had ever taken place under it".