FOOTNOTES:

"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, whoacted 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 ofTrafalgar, 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 ownrace, 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:[151]Bancroft, Vol. VII., Chap. xiv., pp. 157, 158.[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.)[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 theHabeas CorpusAct, 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 juryin civil cases, and the law ofhabeas 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 ofLord 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 tocommerce, education, justice, themilitia, and thetenureoflands; 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.[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.[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.[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.)[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.)[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 becausehe 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 chooseshould 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.)[159]The transmission of this letter occupiedten weeks, it being dated the 9th of February, and reaching Quebec the 25th of April. In theQuebec Gazetteof 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.)[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?[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.)[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.[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.)[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."[165]Christie's History of Canada, Vol. I., Chap. v., where the accounts referred to are given in detail.[166]This return contained all the accounts transmitted the year before, under the six heads mentioned in a previous note, page 298, (see 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 £1,782 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 £782 10s., appearing to belong to the military rather than the civil expenditure, are also deducted."[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."[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."[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.)[170]Miles' School History of Canada, Part III., Chap, i., pp. 192, 193.

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

[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.)

[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 theHabeas CorpusAct, 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 juryin civil cases, and the law ofhabeas 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 ofLord 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 tocommerce, education, justice, themilitia, and thetenureoflands; 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.

"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 juryin civil cases, and the law ofhabeas 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 ofLord 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 tocommerce, education, justice, themilitia, and thetenureoflands; 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.

[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.

[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.

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.

[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.)

[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.)

[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 becausehe 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 chooseshould 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.)

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 chooseshould 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.)

[159]The transmission of this letter occupiedten weeks, it being dated the 9th of February, and reaching Quebec the 25th of April. In theQuebec Gazetteof 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.)

[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?

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?

[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.)

"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.)

[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.

[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.)

[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."

[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."

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

[166]This return contained all the accounts transmitted the year before, under the six heads mentioned in a previous note, page 298, (see 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 £1,782 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 £782 10s., appearing to belong to the military rather than the civil expenditure, are also deducted."

"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 £1,782 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 £782 10s., appearing to belong to the military rather than the civil expenditure, are also deducted."

[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."

[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."

[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."

"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."

[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.)

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

Government of Upper Canada.

The Constitution of Upper Canada was the same as that of Lower, established by the sameConstitutional 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; andHesse, 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, theLieutenant-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 densewilderness 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 theEastern District; Mecklenburg, extending from Gananoque to the River Trent, was called theMiddleorMidland District; Nassau, extending from the Trent to Long Point, on Lake Erie, was called theHomeorNiagara District; andHesse, embracing the rest of Canada, west to the Lake St. Clair, was called theWesternorDetroit 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 explainthat 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 bewithdrawn 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 selectYork, 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 Actsuggestive 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 £100 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 £750 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 £100 currency per annum, except when the amount of duties collected at a port was less than £100, 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 £100 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 £3,500 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 earlyFrench 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.

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