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6 



REPORT 



ON THE 



AFFAIRS 



ov 



BRITISH NORTH AMERICA 



Ff <M 



THE EARL OF DURHAM, 



HER MAJESTY'S HIGH COMMISSIONER, 



&c. &-C. &c. 



\i ■ 



Officially communicated to both Houses of the Imperial Parliament on 
die 11th of February, 1839. 



TORONTO : 

PRINTED AT THE EXAMINER OFFICE, 



1839. 



TO ROBERT BALDWIN, ESQ. 

Barrister at Law, late member of the Executive Council 

of Upper Canada, 

My Dear Sir, 

The great anxiety pervadinjif the public mind respect- 
ing the Earl of Durham's report on the state of the British 
American Provinces, has induced me to publish in pam- 
phlet form that portion of it immediately relating to the 
affairs of Upper Canada. I have taken the liberty of 
dedicating this publication to you, who like your venerable 
father have been the zealous, eloquent, and able advocate 
of those constitutional principles which have been at last 
recognized by a Governor-General of Canada. 

Retired from pulilic life, owing to the fruitlessness of 
contending for practical reforms either in the laws or in 
tijeir administration, whilst the Imperial authorities refused 
to recognize the constitutional rights of the Provincial 
Parliament, you were calhd into the service of your coun- 
try bv the late Lieutenant Governor, Sir Francis Head 

T • * • 

It IS unnecessary for me to allude to the history of the me- 
moiable political struggle which followed, as it has been 
fiiithfully and impartially narrated in the following pages. 
Having performed your duty to your country, in laying be- 
fore the British Government a full exposition of the causes 
of tl)e disorganized state of the Province, in which a re- 
medy was pointed out precisely similar to that now recom- 
mended by Lord Durham, and the disastrous consequences 
likely to ensue in case of its rejection, were forcibly ur«;ed, 
you again consulted your own dignity by withdrawing 
altogether from jmblic life. Following your example and 
that of your venerable father, the great bulk of the Reform- 
ers of this city and of the Province at large, abstained from 
all political aii^ilation. The disastrous result which you 
foresaw and deprecated, and which "coinmou prndenccand 
g-ood management would have prevented" arrived, and 
again did the individual who had basely maligned and slan- 



DEDICATION. 



dered you in secret despatches, seek your assistance in his 
day of danger. That assistance was promptly and gener- 
ously aSbrded, and was again repaid with wilful and de- 
liberate slander and falsehood. Under all these circum- 
stances it must be a source of high gratification, that the 
principles professed by you, and a large majority of your 
countrymen have been at length recognised as just and 
constitutional by the only statesmen who have ever enquir- 
ed into the political condition of this province. Gratifying 
as Lord Durham's report must be to all true Reformers, 
and friends of good government, we must recollect that 
much remains to be done, and at that place where the 
people of this province have too often failed in their duty, 
— the hustings. It is not now too much to assert that the 
people of Upper Canada have the means of good govern- 
ment in their power. If they rouse themselves from their 
lethargy and once more return a House of Assembly, 
pledged to demand firmly and constitutionally the system 
of gover' mt advocated by Lord Durham, there can 
hardly b . doubt that it will be conceded. When that 
time coi ,es, I venture to hope that your country will again 
obtain the benefit of your valuable services 

Believe mc, 

my dear Sir, 

with the greatest respect 

Your very faithful and obedient servant, 

FRANCIS HINCKS. 



REPORT. 



UPPER CANADA. 

The information which I have to give 
respecting the State of Upper Canada 
not having been acquired in the course 
of ray actual administration of the gov- 
ernment of that Province, will necessarily 
be much less ample and detailed than 
that which I have laid before your Ma- 
jesty respecting Lower Canada. My 
object will be to point out tho principal 
causes to which a general observation of 
the Province induces me to attribute the 
late troubles ; and even this task will be 
performed with comparative ease and 
Drevity, inasmuch as I am spared tho 
labour of much exp'lanation and proof, 
by being able to refer to the details which 
I have given, and the principles which I 
have laid do^vn, in describing the mstitu- 
tions of the lower province. 

At first sight it appears much more dif- 
ficult to form an accurate idea of the state 
of Upper than of Lower Canada. Tho 
visible and broad lino of demarcation 
which separates parties by the distinctive 
characters of race, happily has no exist- 
ence in the Upper Province. The quar- 
rel is one of an entirely English, if not 
British population. Like all such quar- 
rels, it has, in fact, created not two, but 
several parties ; each of which has some 
objects in common with some of those to 
which it is opposed. They differ on one 
point and agree on another; the sections 
which unite together one day, aie strong- 
ly opposed the next ; and the very party 
which acts as one against a common op- 
ponent, is in truth composed of divisions 
seeking utterly different or incompatible 
objects. It is very difficult to make out 
from the avowals of parties the real ob- 
jects of their struggles, and still less easy 
is it to discover any cause of such im- 
portance as would account for its uniting 
any largo mass of the people in an attempt 
to overthrow, by forcible means, the ex- 
isting form of government. 



The peculiar geographical character of 
tho Province greatly mcreases the diffi- 
culty of obtaining very accurate informa- 
tion. Its inhabitants scattered along an 
extensive frontier, with very imperfect 
means of communication, and a limited 
and partial commerce, have, apparently, 
no unity of interest or opinion. The pro- 
vince has no great centre with which all 
the separate parts are connected, and 
which they are accustomed to follow in 
sentiment and action ; nor is there that 
habitual intercourse between the inhabit- 
ants of different parts of the country, 
which bv diffusing through all a know- 
ledge of the opinions and interests of 
each, makes a people one and united, in 
spite of extent of territory and dispersion 
of population. Inritcad of this, there are 
many petty local centres, the sentiments 
and the interests (or at least what are 
fancied to bo so) of which, are distinct, 
and perhaps opposed. It has been stated 
to me by intelligent persons from Eng- 
land, w\o had travelled through the Pro- 
vince for purposes of business, that this 
isolation of the different districts from 
each other was strikingly apparent in all 
attempts to acquire information in one 
district respecting the agricultural or com- 
mercial character of another ; and that 
not only were very gross attempts made 
to deceive an enquirer on these points, but 
that even the information which had been 
given in good faith, generally turned out 
to be founded in great misapprehension. 
From these causes a stranger who visits 
any one of these local centres, or who 
does not visit the whole, is almost neces- 
sarily ignorant of matters, a true know- 
ledge of which is essential to the accurate 
comprehension of the real position of par- 
ties, and cf the political prospects of tho 
country. 

The political contest which has so long 
been carried on in the Assembly & by the 
Press appears to have been one exhibit- I 



6 



LORD DURHAM'S REPORT. 



ing throughout Its whole courso iho cha- 
racteristic features of the purely political 
part of the contest in Lower Canada ; 
and, like that, originating in an unwise 
distribution of power in the constitutional 
system of the Province. The financial 
disputes which so long occupied the con- 
tending parties in Lower Canada, were 
much more easily and wisely arranged in 
the Upper Province ; and the struggle, 
though extending itself over a variety of 
questions of more or less importance, 
avowedly and distinctly rested on the de- 
mand for responsibility in the Executive 
government. 

In the preceding account of the work- 
ing of the constitutional system in Lower 
Canada, I have described the effect which 
the irresponsibility of the real advisers of 
the Governor had in lodging permanent 
authority in the hands of a powerful par- 
ty, linked together not only by common 
party interests, but by personalties. But 
m none of the North American Provinces 
has this exhibited itself for so long a pe- 
riod, or to such an extent, as in Upper 
Canada, which has long been governed 
by a party commonly designated through 
the Province as the "Family Coinpact," 
a name not much more appropriate than 
party designations usually ate, inasmuch 
as there is, in truth, very little of family 
connection amongst the persons thus uni- 
ted. For a long time this body of men, 
receiving at times accessions to its num- 
bers, possessed almost all the highest 
public offices, by means of which, and of 
its influence in the Executive Council, it 
wielded all the power of government ; it 
maintained influence in the Legislature 
by means of its predominance in the Le- 
gislative Council; and it disposed of the 
large number of petty posts which are in 
the patronage of the government all over 
the Province. Successive governors, as 
they came in tlieir turn, are said to have 
either submitted quietly to its influence, 
or, after a short and unavailing struggle, 
to have yif^lded to this well organized 
party the real conduct of affairs. The 
Bench, the Magistracy, the high offices 



S 



of the Episcopal Church, and a great part 
of the legal profession, are filled by tbo 
adherents of this party ; by grant or pur- 
chase they have acquired nearly the whole 
of the waste lands of the Province ; they 
are all powerful in the chartered banks, 
and, till lately, shared among themselves 
almost oxlusivcly all offices of trust and 
jrofit. The bulk of this party consists, 
or the most part, of native-born inhabit- 
ants of tlie colony, or of emigrants who 
settled in it before the last war with the 
United States ; the principal members of 
it belong to the Church of England, and 
the maintenance of the claims of that 
Church has always been one of its distin- 
guishing characteristics. 

A monopoly of power so extensive and 
so lasting could not fail, in process of 
time, to excite envy, create dissatisfaction, 
and ultimately provoke attack ; and an 
opposition consequently grew up in the 
Assembly which assailed the ruling par- 
ty, by appealing to popular principles of 
government, by denouncing the alleged 
jobbing and profusion of the official bo- 
dy, and by instituting inquiries into abu- 
ses, for the purpose of promoting reform, 
and especially economy. The question of 
the greatest importance, riised in the 
course of these disputes, was that of the 
disposal of the Clergy Reserves ; and 
though different modes of aoplying these 
lands, or rather, the funds aerived from 
them, were suggested, the Reformers, or 
opposition, were generally very success- 
fnl in their appeals to the people, against 
the project of the Tory or official party, 
which was that of devoting them exclu- 
sively to the maintenance of the English 
Episcopal Church. The Reformeis by 
successfully agitating this and various 
economical questions, obtained a majority. 
Like almost all popular Colonial parties, 
it managed its power with very little dis- 
cretion and skill, offended a large number 
of their constituencies, and, being balHod 
by the Legislative Council, and resolutely 
opposed by all the personal and official 
influence of the ofllclal body, a dissolution 
again placed it in the minority in the As- 



i 



LORD DURHAM'S REPORT. 



[Treat part 
jj by tbo 
nt or nur- 
the whole 
nco ; ihey 
■ed banks, 
nemselvea 

trust and 
y consists, 
n inhabit- 
rants who 
r with the 
ctnbers of 
^land, and 
t\a of that 

its distin- 



cnsive and 
process of 
atisf'action, 
i ; and an 
up in the 
'uling par- 
rinciples of 
:he alleged 
official bo- 
; into abu- 
ng reform, 
question of 
led in the 
that of the 
rves ; and 
ilying these 
rived from 
brmers, or 
ry success- 
pie, against 
icial ;'arty, 
lem exclu- 
de English 
formeis by 
nd various 
a miijority, 
iiial parties, 
•y litlle dis- 
rge number 
eing balHcd 
;1 resolutely 
and official 
L dissolution 
f in the As- 



Bombly. Thia turn of fortune vvai not 
oonfmed to a single instance; forneither 
party has for some time possessed the ma- 
jority in two successive Parliaments. 
The present is the filth of these alterna- 
ting Houses of Assembly. 

The Reformers, however, at last dis- 
covered that success in the Elections in- 
sured them very little practical benefit 



\ 



of Lower Canada attached the Legislative' 
Council ; a body of which the constitu- 
tion was certainly the most open to obvi- 
ous theoretical objections, on the part of 
all the advocates of popular institutions, 
but, for the same reason, most sure of 
finding powerful defendants at home. 
The Relbrmera of Upper Canada paid 
little attention to the composition of the 



For the Official Party, not being removed Legislative Council, and directed their 

when it failed to command a majority in exertions to obtaining such an alteration 

the Assembly, stil! continued to wield all in the Executive Council as might have 

the powers of the executive government, been obtained without any derangement 

to strengthen itself by its patronage, and of the constitutional balance of power; 

to influence the policy of the colonial but they well knew, that if once they 

governor and of tno Colonial department obtained possession of the Executivo 

at home. By its secure maiority in the Council and the higher offices of the 

Legislative Council, it could eftectually Province, the Legislative Council would 

control the legislative powers of the As- soon be unable to offer any effectual re- 

sembly. It could choose its own moment sistanco to their meditated . ^forms. 



i 



for dissolving the hostile assemblies, and 
could always insure, for those who were 
favourable to itself, the tenure of their 
seats for the full term of four years al- 
lowed by the law. Thus the Reformers 



It was upon this question of the Res- 
ponsibility of the E.xecutive Council that 
the great struggle has for a long time 
been carried on between tlie official party 
and the Reformers ; for the official party, 



found that their triumph at elections could like all parties long in power, was natu- 
not in^any way facilitate the progress of rally unwilling to submit itself to any 
their views, while the Executive gov- such responsibility as would abridge its 
ernment remained constantly in the hands tenure or cramp its exercise of authority, 
of their opponents. They rightly judged Reluctant to acknowledge any responsi- 
" - - " bility to the people of the Colony, this 

party appears to have paid a somewhat 
refractory and nominal submission to the 
distant authority of the Colonial depart- 
ment, or to the powers of a Governor 
over whose policy they were certain, by 



that, if the higher offices and the Execu- 
tive Council were always held by those 
who could command a majority in the 
Assembly, the constitution of the Legis- 
lative Council was a matter of very little 
moment, inasmuch as the advisers of the 



Governor always take care that its compo- their facilities of access, to obtain a para- 
sition should be modified so as to suit 
their own purposes. They concentrated 
their powers, therefore, for the purpose 
of obtaining the Responsibility^ of the 
Executive Councilj^ntTl cannot hel^ 
contrasting the practical good sense of the 
', Reformers of Upper Canada with the less 
prudent course of the majority of the As 



mount influence. 

The views of the great body of the 
Reformers appear to have been limited, 
according to their favorite expressions, to 
the making the colonial constitution " an 
exact transcript" of that of Great Bri- 
tain; and they only desired that the 
Crown should, in Upper Canada, as at 



sembly of Lower Canada, as exhibited in ^ home, entrust the administration of affairs 
the differant demands of constitutional t to men possessing the confidence of the 
change, rnost ear nestly pre ssed by each./ Assembly. It cannot be doubted, how- 
Both, in fact, desired the same object. 



uamely, the extension of popular influ- 
ence in the government. The Assembly 



ever, that there were many of the party 
who wished to assimilate the institutions 
of the Province rather to those oi' th& 



LORD DURHAM'S RKPORT. 



f 



United Statics llian to those of tlio mother 
country. A low portions, chiefly of" Ame- 
rican oriyin, appeiir to hnvo entertained 
these de.iigtis iVutit the outdet ; but the 
number biia (it last been very much in- 
creased by the despair which niany of 
those who started with more limited 
views conceived of their being carried 
into cfTect under the existing form of 
government. 

Each party, while it possessed the as- 
cendancy, has been accused by its oppo- 
nents of having abused its power over 
the public funds in those modes of local 
jobbing which I have described as so 
common in the 2*Iorth American colonies. 
This, perhaps, is to be attributed partly 
to the circumstance adverted to above, as 
increasing the difficulty of obtaining any 
accurate mformation as to the real cir- 
cumstances of tlio Province. From these 
causes it too often happened that the 
members of the House of Assembly came 
to the meeting of the Legislature igno- 
rant of the real character of the general 
interests intrusted to their guardianship, 
intent only on promoting sectional objects, 
and anxious chiefly to secure for the 
county they happen to represent, or the 
<listrict with which they are connected, 
as large a proportion as possible of any 
funds which the legislature may have at 
its disposal. In Upper Canada, how- 
ever, the means of doing this were never 
80 extensive as those possessed by the 
lower province; and the great works 
which the province commenced on a 
very extended scale, and executed in a 
spirit of great carelessness and profusion, 
have left so little surplus revenue, that 
this province alone, among the North 
American colonies, has fortunately for it- 
self been compelled to establish a system 
of local assessments, and to leave local 
works, In a great measure, to the energy 
and means of the localities themselves. 
It is asserted, however, thai the nature 
of those great works, and the manner in 
which they were carried on, evinced 
merely a regard for local interests, and a 
disposition to strengthen party influence. 



The inhabitants of the lest thickly-peo- 
pled districts complained that the reve- 
nues of the province were employed in 
works by which only the frontier popu- 
lation would benefit. The money ab- 
sorbed by undertakings which they des- 
cribed as dispruportioned to the resour- 
ces and to the wants of the province, 
would, they alleged, have sufficed to es- 
tablish practicable means of communica- 
tion over the whole country ; and they 
stated, apparently not without foundation, 
that had tfiis latter course been pursued, 
the population and the resources of tho 
province would have been so augmented 
as to make the works actually uiuleitakoii 
both Useful and profitable. The care- 
lessness and profusion which marked the 
execution of these wor'.s, the nianagc- 
ment of which, it was complained, was 
entrusted chiefly to members of tho rul- 
ing part}', were also assumed to be tho 
result of^a deliberate purpose, and to be 
permitted, if not encouraged, in order 
that a few individuals might be enriched 
at the expense of the community. Cir- 
cumstances to which I shall hereafter re- 
vert, by which the further progress of 
these works has been checked, and the 
large expenses incurred in bringing them 
to their present state of forwardness, 
have been rendered unavailing, have giv- 
en greater force to these complaints, and, 
in addition to the discontent produced by 
the objects of tho expenditure, the gov- 
erning party has been made responsible 
for a failure in the accomplishment of 
those objects, attributable to causes over 
which it had no control. But to what- 
ever extent these practices may have 
been carried, the course of the parlia- 
mentary contest in "Upper Canaaa has 
not been marked by that singular neglect 
of the great duties of a legislative body, 
which I have remarked in the proceed- 
ings of the Parliament of Lower Cana- 
da. The statute book of the upper pro- 
vince abounds with useful and well-con- 
structed measures of reform, and pre- 
sents an honourable contrast to that of 
the lower Province. 



ickly'pco- 
tho revo- 
[)loyfd in 
ler popu- 
oncy (lb- 
they tles- 
rcsour- 
province, 
2ed to 08- 
mmunica- 
nnd tlioy 
lundatloii, 

pursUL'd, 
:cs of the 
ucmeiitod 
Kiei'lakeii 
rho care- 
at'kcd tho 

iimimgc- 
Inod, was 
f tho rul- 
to be tho 
and to be 

in order 

enriched 
ity. Cir- 
reafter re- 
'ogress of 

, and the 
ging them 
wardness, 

have glv- 
aints, and, 
)duced by 
the gov- 
3sponsibIe 
shmcnt of 
.uses over 
to what- 
nay have 
he parlia- 
anada has 
ar neglect 
tive body, 

proceed- 
tver Cana- 
ipper pro- 

well-con- 

and pre- 

10 that of 



LORD DUIlHAM'fe t>0IIT. 



Whilo tho pnrtics wcro tlius struggling, 
tho o|H!riuiou of a cause, utterly iiiicoii- 
iticted with tlioir disputcH, sutlJc'tily 
riiised up a very consideruLlu third party, 
\thicli bogaii to tniiko iti ap{)uaianro 
among tho political diripulantu about the 
tluio that tl'o (|uarr(!l was at its htnght. 
1 hiivo said that in Tipper Canada there 
IS no animosity of races: there is nover- 
tliclt'ss a distinction of origin, which has 
exercised a very important influence on 
the composition of parties, und ap|)ear8 
likely, sooner or later, to become the pro- 
minent and absorl)ing clement of political 
division. The oHicial and reformmg par- 
ties which 1 have described were both 
composed, for the most part, and were 
almost entirely led, by native-born Cana- 
dians, American settlers, or emigrants of 
a very ancient date ; and as one section 
of this more ancient population possess- 
ed, so another was tho only body of per- 
sons that claimed, the management of af- 
fairs, and the enjoyment of otfices con- 
ferring emolument or power, until exten- 
sive emigration from Great IJrilain, which 
followed the disastrous period of 1825 
and 1826, changed the state of things, by 
suddenly doubling tho population, and 
introducing among the ancient disputants 
for power an entirely new class of per- 
sons. The new comers, however, did 
not for a long time appear as a distinct 
party in the politics of Upper Canada. 
A large number of the higher class of 
emigrants, particularly the half-pay offi- 
cers, who were indwcd to settle in this 
province, had belonged to the Tory party 
in England, and, in conformity with their 
ancient predilections, naturally arrayed 
themselves on the side of the official par- 
ty, contending with the representatives of 
the people. The mass of the humbler 
order of emigrants, accustomed in tho 
mother country to complain of tho cor- 
ruption and the profusion of the govern- 
ment, and to seek for a reform of abuses, 
by increasing the popular influence in the 
representative body arrayed themselves 
on the side of those who represented the 
people, and attacked oligarchical power 



und abuses ; but there was still a great 
difTTeiice of opinion betv/cen each of 
the two Canadian parties and that section 
of tho Jiritish which for a while acted 
with it. I'^ach of tho Canadian parties, 
while it diH'ored with the other about the 
tenure of political powers in the colony, 
desired almost the same degree of prac- 
tical independence of the mother coun- 
try ; each felt and each betrayed in its 
political conduct a jealousy of tho emi- 
grantH, and a wish to maintain the powers 
of office and the emoluments of the pro- 
fessions in tho hands of persons born or 
long resident in the colony. The Brit- 
ish, on the contrary, to whatever party 
they belong, appear to agree, in desiring 
that the connection with the mother coun- 
try would be drawn closer. They differ 
very little among themselves, 1 imagine, 
in desiring such a change as should assi- 
milate the government of U. Canada, in 
spirit as well as in form, to the govern- 
ment of England, retaining an executive 
sufficiently powerful to curb popular ex- 
cesses, and giving to the majority of the 
Ceople, or to such of them as the less li- 
eral would trust with political rights, 
some substantial control over the admin- 
istration of affairs, liut the great com- 
mon object was, and is, tho removal of 
those disqualifications to which British 
emigrants are subject, so that they might 
feel as citizens, instead of aliens, in the 
land of their adoption. 

Such was the state of parties when Sir 
F. Head, on assuming the government of 
the colony dismissed from tlie Executive 
Council some of the members who were 
most obnoxious to the House of Assem- 
bly, and recjuested three individuals to 
succeed them. Two of these gentlemen, 
Dr. Rolph and Mr. R. Baldwin, were 
connected wl'li the reforming party, and 
the third, iMr. Dunn, was an Englishman, 
who had held the office of Receiver-Gen- 
eral for nearly fourteen years, and up to 
that time had abstained from any mter- 
ferencc in politics. These gentlemen 
were at first reluctant to take office, be- 
cause they feared thnt, as there were still 



10 



LORD DURHAM'S REPORT. 



three of the former council left, they 
would be constantly maintaining a doubt- 
ful struggle for the measures which they 
cor«idered necessary. They were, how- 
ever, at length induced to forego tlicir 
scruples, chieHy upon the represontotion ; 
of some of their friends, that v/hen they 
had a governor who appeared sincere in 
his professiois of reform, and who pro- 
mised theiii his entire cnnfdjnce, it was 
neither generous nor prudent to assist in 
a refusal which might be taken to imply 
distrust of his sincerity, and they accord- 
ingly accepted office. Among the first 
acts of the governor, afier the appoint- 
ment of this council, was, however, the 
nomination to some vacant oftices of in- 
dividuals, who were taken from the old 
official party, and this without any com- 
munication with his council. These ap- 
pointments were attacked by ti;e House 
of Assembly, and the new council, find- 
ing that their opinion was never asked 
upon these and other matters, and that 
they were seemingly to be kept in igno- 
rance of all those public measures, which 
popular opinion nevertheless attributed 
to their advice, remonstrated privately on 
the subject with the governor. Sir 
Francis desired them to make a formal 
representation to him on the subject; they 
did so, and this produced such a reply 
from him as left them no choice but to 
resign. The occasion of the differences 
wVich had caused the resignation, was 
u adt 'he subject of communication be- 
twer.r \>! governor and the Assembly, so 
'i\uv: iLc v,"hole community were informed 
of hr ground? f the dispute. 

'}. ha c,(jA;7Sl which appeared to be thus 
r li.imenced on the question of the res- 
ponsibility of the executive council, was 
really decided on very different grounds. 
Sir F. Head, who appears to have thought 
that the mnintenancc of the connection 
with Great Britam depended upon his 
triumph over the majority of the Assem- 
bly, embarked in the contest with a de- 
tennination to use every influence in his 
power in order to bring it to a successful 
issue. He succeeded, in fact, in putting 



the issue in sujh a ligl^t before the pror-; 
ince, that a great pf-rtion of the people! 
really 'mag'ned that they were called up-f 
or tc decide the question of separation 
by their votes. The dissolution, on 
which he ventured, when he ♦.bought the 
public mind sufficiently ripe, completely 
answered his expectations. The British, , 
in particular, were roused by the pro- 
claimed danger to the connection with the 
mother country ; they were indignant at 
some portions of the conduct and speech- 
es of certain members of the late majo- 
rity, which seemed to mark a determined 
Tireference of American over Pritish in- 
stiiutions. They were irritated by indi- 
cations of hostility to Brii'iL^ jniigration, 
when they sa*v, or fancied they saw, in 
some recent proceedings of the Assem- 
bly. Above aii, not only they, but a 
great many others, had marked with en- 
vy the stupendous public works which 
were at that period producing their eflect 
in the almost marvellous growth of the 
wealth and population of the neighbour- 
ing state of New-York ; and they re- 
proached the Assembly with what they 
considered an unwise economy, in pre- 
venting the undertaking or even comple- 
tion of similar works, that might, as they 
fancied, have produced a similar devel- 
opement of the resources of Upper Ca- 
nada. The general support of the Brit- 
ish determined the elections in favour of 
the government; and though very large? 
and close minoritii^s which in many cnsca' 
supported the defeated candidates, mark 
ed the force which the reformers couldv 
bring into l^f^ Tield, even in spite of the 
disadvantage:* ur/der which they laboured 
from the momentary prejuuices against 
ihem, and the unusual manner in which 
the crown, by its re])rese:itative, appear- 
ed to make itself a party in an olection- 
eoring contest, the result was the return 
of a very large majority hostile in politics 
to that of the late Assembly. 

It is rather singular, h<)wever, that tho 
result which Sir F. Head appears really 
to have aimed at wua by no means secur- 
ed by this apparent triumph. His object 



LORD DURHAM'S RE POP T, 



11 



e the pTov-. 
' the people! 
■e called up- ' 
if separation 
iolutioTi, on 
♦.hought the 
completely 
The British, 
by the pro- 
tion with the 
indignant at 
: and speech- 
e late njajo- 
a deternmined 
;r Pritish in- 
atf d by indi- 
jmigralion, 
they saw, in 
r the Assem- 
they, but a 
ked with en- 
ivorks which 
ig their eftect 
;rowth of the 
le neighbour- 
md they re- 
th what they 
omy, in pre- 
even corople- 
light, as they 
similar devel- 
f Upper Ca- 
of the Brit- 
in favour of 
^h very large J" 
n many cnsca 
lidates, niark- 
brmers could 
n spite of the 
they laboured 
Jices against 
iner in which 
ative, appear- 
n an election- 
as the return 
itile in politics 

ever, that the 

ippcars really 

means secur- 

I. Hi* object 



i 



in all his previous measurs?s, and in the 
nomination of the executive councillors, 
by whom he replaced the rellnng mem- 
bers, was evidently to make the council 
a means of administrative indepekjdence 
for the governor. Sir F. Head would 
seem to have been, at the commencement 
of his administration, really desirous of 
effecting certain reforms which he believ- 
ed to be needful, and of rescuing the 
substantial power cf the government from 
the hands of the party by which it had 
been so long monopolized. The dismis- 
sal of the old members of the executive 
couiirii was the consequence of this in- 
tention ; but though willing to take mea- 
sr.res f(»r the purpose of emancinaimg 
himself from the thraldom in which it 
was slated that other governors had been 
held, he could not acquiesce in the ciuims 
of the House of Assembly to have a re- 
ally responsible colonial executive. The 
result of the elections was to give him, 
as he conceived, a House of Assembly 
pledged to support him as governor, in 
the exercise of the independent authority 
he had claimed. On the very first occa- 
sion, however, on which he attempted to 
protect an officer of the government, un- 
connected with the old official party, from 
charges which, whether well or ill-found- 
ed, were obviously brought forward on 
personal grounds, he found that the new 
house was even more determined than its 
predecessor to assert its right to exercise 
a substantial control over the govern- 
ment ; and that, unless he was disposed 
to risk a collision with both branches of 
the legigkture, then composed of similar 
materials, and virtually under one influ- 
ence, he must succumb. Unwilling to 
incur this risk, when, as he justly ima- 
gined, there was no party upon whose 
support he could rely to bear him safely 
through the contest, he yielded the point. 
Although the committee appointed to en- 
quire into the truth of the charges made 
against Mr. Hepburn refused to adopt a 
report confirming those charges prepared 
by their chairman (by whom the accusa- 
tion had been brought forward, and by 



wrhom the committee was virtually nomi- 
nated,) Sir F. Heat' persuaded the indi- 
\idual in question to resign his office, and 
tc take one of very iiiferior emolument. 
From that time he never attempted to as- 
sert the independence which the new 
House of Assembly had been elected to 
secure. The government consequently 
reverted in effect to the party which he 
had found in office when he had assumed 
the governorship, and which it had been 
his first act to dispossess. In their hands 
it still remains; and 1 must state that it is 
the general opinion, that never was the 
power of the " fuBiily compact" so ex- 
tensive or so absolute as it has been from 
the first meeting of the existing parlia- 
ment down to the present time. 

It maVi indeed, be fairly said, that the 
real result of Sir F. Head's policy was 
to establish that very administrative influ- 
ence of the leaders of a majority in the 
legislature which he had so obstinately 
disputed. The executive councillors of 
his nomination, who seem to have taken 
office almost on the express condition of 
being mere cyphers, are not in fact, then, 
the real government of the province. It 
is said that the new officers of government 
whom Sir F. Head appointed from with- 
out the pale of official elegibility, feel more 
apprehension of the present house than, 
so far as can be judged, was ever felt by 
their predecessors with regard to the most 
violent of the reforr.Tlr.g Houses of As- 
sembly. Their apprehension, however, 
is not confined to the present house ; they 
feel that under no conceivable concingen- 
cy can they expect an Assembly disposed 
to support them ; and they accoraingly 
appear to desire such a chanj. e in the co- 
lonial system as might make them de- 
pendent upon the Imperial Government 
alone, and secure them against all inter- 
ference from the legislature of the prov- 
ince, whatever parly should obtain a pre- 
ponderance in the Assembly. 

TFhile the nominal government thug 
possesses no real power, the Legislature, 
by whose leaders the substantial power is 
enjoyed, by no means possesses so much 



12 



LORD DURHAM'S REPORT. 



of the confidence of the people as a legis- 
lature ought to command, eren from 
those who differ from it on the auestions 
of the day. I say this without meaning 
to cast any imputation on the members of 
the House of Assembly, because, in fact, 
the circumstances under which they were 
elected were such as to render them pe- 
culiarly objects of suspicion and reproach 
to a number of their countrymen. They 
were accused of having violated their 
pledges at the election. It is said that 
many of them came forward and were 
elected, as being really reformers, though 
opposed to any such claims of colonial 
independence as might involve a separa- 
tion from the mother country. There 
Beems to be no doubt that in several pla- 
ces, whero the Tories succeeded, the 
electors were merely desirous of return- 
ing members who would not hazard any 
CO nest with Engiand by the assertion of 
claims which, from the proclamation of 
the Lieutenant Governor, they believed 
to be practically needless; and who 
flhould support Sir F. Head in those eco- 
nomical letbrms which the country desir- 
ed far more than political changes — re- 
forms, for the sake of which alone politi- 
cal changes had been sought. In a num- 
ber of other instances, too, the elections 
were carried by the unscrupulous influ- 
e.oe of the government, and bv a display 
of violence on the part of the Tories, 
who wfc.o embol-^ened by the counte- 
nance affoi led lO them by the authorities. 
It was stated, but 1 believe without any 
sufficient foundation, that the Government 
made grants of land to persons who had 
no title to them, in order to secure their 
votei. This report originated in the fact, 
that patents for persons who were enti- 
tled to grants, but 1 id not taken them 
out, were sent down to the polling pla- 
ces, to be p"iven to the individuals entitled 
to them, if they were disposed to vote 
for the government candidate. The tak- 
ing such measures, in order to secure 
their fair right of voting to the electors in 
a particular interest, must be considered 
rather as an act of official favouritism, 



than as an electoral fraud. But we can- 
net wonder that the defeated party put 
the very worst construction on acts which 
gave some ground for it ; and they con- 
ceived in consequence, a strong resent- 
ment against the means by which they 
believed that the representative of the 
crown had carried the elections, his inter- 
ference in which, in any way, was stig- 
matised by them as a gross violation of 
conititutional privilege and propriety. 

It cannot be a matter of surprise that 
such facts and such impressions produced 
in the country an exasperation and a des- 

f)air of good government, which extended 
ar beyond those who had actually been 
defeated at the poll. For there was no- 
thing in the use which the leaders of the 
Assembly have made of their power to 
soften the discontent excited by their al- 
ledged mode of obtaining it. Many even 
of those who had supported the success- 
ful candidates, were disappointed in ev- 
ery expectation which they had formed 
of the policy to be pursued by their new 
representatives. No economical reforms 
were introduced. The Assembly, in- 
stead of supporting the governor, com- 
pelled his obedience to itself, and produ- 
ced no chfinge in the administration of af- 
faire, except that of reinstating the " fa- 
mily compact" in power. On some to- 
pics on which the feelings of the people 
were deeply engaged, as, for instance, 
the clergy reserves, the Assembly is ac- 
cused of having shown a disposition to 
act in direct defiance of the known senti- 
ments of a vast majority of its constitu- 
ents. The dissatisfaction arising from 
these causes was carried to its height by 
an act that appeared in defiance of all 
constitutional right, to prolong the power 
of a majority which, it was suj)posod, 
counted on not being able to retain its 
existence after aiiotlier appeal to the peo- 
ple. This was the passing an act pro- 
venting the dissolution of the existing as 
well as any future Assembly, on the de- 
mise of the Crown. The act was passed 
in expectation of the apprcaching de- 
cease of hid late Majesty ; and it has, in 






withi 



LORD DURHAM'S REPORT. 



13 



Inx, we can- 
d party put 
n acts which 
id they con- 
rong resent- 
which they 
tative of the 
ms, his inter- 
ty, was stig- 
3 violation of 
iropnety. 
surprise that 
)ns produced 
)n and a des- 
ich extended 
ictually been 
here was no- 
3aders of the 
sir power to 
I by their al- 

5] any even 

the success- 

)inted in ev- 

had formed 
jy their new 
nical reforms 
sscmbly, in- 
vernor, com- 
f, and produ- 
tration of af- 

ig the " fa- 
3n some to- 
)f the people 
for instance, 
embly is ac- 
lisposition to 
known senti- 
its constitu- 
irising from 
its height by 
efinnce of ah 
ng the power 
IS suj)posed, 

to retain its 
dl to the pco- 

an act pre- 
e existing as 
', on tiie de- 
:t was passed 
•reaching de- 
md it has, in 



I 



fact, prolonged the existence of the pro- position merely to the irritation produced 

sent Assembly from the period of a single by those temporary causes of dissatisfac- 

year to one of four. It is said that this tion with the government of the province 

•tep is justified by the example of the which I have specified, and not to any 

other North American colonies. But it settled design on the part of any great 

is certain that it nevertheless caused very numher, either to subvert existi.ig institu- 

great dissatisfaction, and was regarded as tions, or to change their present connec- 

an unbecoming usurpation of power. tion with Grest Britain for a junction 

It was the prevalence of the general with the United States. I am inclined 
dissatisfaction thus caused that embold- to view the iiisurrectior.ary movement« 
cned the parties who instigated the insur- which did take place as indicative of no 
rection to an attempt, which may be cha- deep-iooted disaffection, and to believe 
racterised as having been as foolishly that almost the entire body of the reform- 
contrived and as ill-conducted, as it was ers of this province sought only by con- 
wicked and treasonable. This outbreak, stitutional means to obtain those objects 
which common prudence and good man- for which they had so long peaceably 
agernent would have prevented from struggled before the unhappy troubles 
coming to a head, was promptly quelled occasioned by the violence of a few un- 
by the alacrity with which the population, principled adventurers and heated enthu- 
and especially the British portion of it, siasts. 

rallied round the government. The It cannot, however, be doubted, that 

proximity of the American frontier, the the events of the past year have greatly 

nature of the border country, and the increased the difficulty of settling the dia 

wild and daring character, together with orders of U[)per Canada. A degree of 

the periodical want of employment of its discontent, approaching, if not amounting 

papulation, hpve unfortunately enabled a to disaffection, has gained considerable 

few desperate exiles to continue the trou- ground. The causes of disaffection con- 

bles of th«ir country, by means of the tinue to acton the minds of the reformers; 

predatory gangs which have from time to and their hope of redress under the pre- 

time invaded and robbed, under the pre- sent order of things, has been seriously 

text of revolutionizing the province. But diminished. The exasperation caused by 

the general loyalty of the population has the conflict Itself, the suspicions and ter- 

beon evinced by the little disposition that rors of that trying period, and the use 

has been exhibited by any portion of it to made by the triumphant party of the pow- 

accept of the proffered aid of the refugeeb er thrown into their hands, have height- 

and foreign invaders, and by the unanim- ened the passions which existed before, 

ity with which all have turned out to de- It certainly appeared too much as if the 

fend their country. rebellion had been purposely invited by 

It has not, indeed, been exactly Gscer- the government, and the unfortunate men 

lained what proportion of the Inlmhitants who took part in it deliberately drawn into 

of Upper Canada were prepared to join a trap by those who sui;sequently inflicted 

Mackenzie in his treasonable enterprise, so severe a punishment on them ibr theii* 

or were so disposed that we may suppose error. It seemed, too, as if the domi- 

thoy would have arrayed themselves on nant party made use of the occasion af- 

his side, had he obtained any momentary forded it !)y the real guilt of a few des- 

success, as indeed w^as for some days perate and imprudent men, in order to 

within his grasp. Even if I were con- persecute or disable the whole body of 

vinced that a large proportion of the po- their political opponents. A great num- 

pulation would, under any circumstances, ber of perfectly innocent individuals were 

have lent themselves to his projects, I thrown into prison, and suffered in per- 

fiiiould be inclined to attribute such a dis- son, property, and character. The whole 



u 



LORD DURHAM'S REPORT. 



body of reformers were subject to suspi- 
cion, and to harassing proceedings, insti- 
tuted by magistrates whose political lean- 
ings were notoriously adverse to them. 
Several laws were passed, under colour 
of which individuals very generally es- 
teemed were punished without any form 
of trial. 

The two persons who suffered the ex- 
treme penalty of the law unfortunately 
engaged a ^real share of the public sym- 
pathy; their pardon had heon solicited in 
petitions signed, it is general'y asserted, 
by no less than 30,000 of I heir country- 
men. The rest of the prisoners were 
detained in confinement a considerable 
time. A large number of the subordi- 
nate actors in the insurrection were se- 
verely punished, and public anxiety was 
raised to the highest pitch by the uncer- 
tainty respecting the fate of the others, 
who were from time to time partially re- 
leased. It was not until the month of 
October last that the whole of the prison- 
ers were disposed of, and a partial am- 
nesty proclaimed, which enabled the 
large numbers who had fled the country, 
and so long, and at such imminent haz- 
ard, hung on its frontier, to return in se- 
curity to their homes. I make no men- 
tion of the reasons which, in the opinion 
of the local government, rendered these 
■different steps advisable, because my ob- 
ject is not to discuss the propriety of its 
conduct, but to point out the effect which 
it necessarily had in augmenting irrita- 
tion. 

The whole party of the reformers, a 
party which I am inclined to estimate as 
very considerable, and which has com 
tnanded large majorities in different 
houses of Assembly, has certainly felt it- 
self assailed by the policy pursued. It 
sees the whole powers of government 
wielded by its enemies, and imagines that 
it can perceive also a determination to 
use these powers inflexibly against all the 
objects which it most values. The 
•wounded private feelings of individuals, 
and the defeated public policy of a party, 
combine to spread a wide and serious irri- 



tation ; but I do not believe that lhi» has 
yet proceeded so far as to induce at all a 
general disposition to look to violent 
measures for redress. The reformers 
have been gradually recovering their 
hopes of regaining tlieir ascendancy by 
constitutional means ; the sudden pre- 
eminence which the question of the clergy 
reserves and rectories has again assumed 
during the last summer, appears to have 
increased their influence and confidence ; 
and I have no reason to believe that any 
thing can make them generally and deci- 
dedly desirous of separation, except some 
such act of the imperial governmi-nt iis 
shall deprive them of all hopes of obtain- 
ing real administrative power, even in the 
event of their again obtaining a majority 
in the Assembly. VV tli such a hope be- 
fore them, I believe that they will remain 
in tranquil expectation of the result of the 
general election, which cannot be delaye<l 
beyond the summer of 1840. 

To describe the character and objects 
of the other parties in this province would 
not be very easy; and their variety and 
complication is so great, that it would be 
of no great advantage were I to explain 
the various shades of opinion that mark 
each. In a very laboured essay, which 
was published in Toronto during my stay 
in Canada, there was an attempt to clas- 
sify the various parties in the province un- 
der six different heads.* Some of these 
were classified according to strictly poli- 
tical opinions, some according to religion, 
and some according to birth-place ; and 
each parly, it was obvious, coi.tained in 
its ranks a great many who would, ac- 
cording to the designations used, have 
as naturally belonged to some other. But 
it is obvious, from all accounts of the dif- 
ferent parties, that the nominal govern- 
ment, that is the majority of the executive 
council, enjoy the confidence of no con- 
side rable party, and that the party called 
the " family compact," which possesses 
the majority in both branches of the le- 

* Lord Duiliam here alludes to an editorial ar- 
ticle in '* The Examiner" of the 18th July lusU 



■% 






LORD DURHAM'S REPORT. 



15 



•« 11 



hat lhi» has 
uce at all a 
to violent 
reformers 
ering their 
sndancy by 
udden pre- 
if the clergy 
lin assumed 
ars to have 
confidence ; 
ve that any 
y and deci- 
Bxce|nsome 
.'ernmiMit us 
va of ohtain- 
, even in the 
g a majority 
I a hope be- 
will M'main 
result of the 
t be delayed 

and objects 
fvince would 
variety and 
it would be 
I to explain 
1 that mark 
sssay, which 
ring my stay 
;mpt to clas- 
province un- 
me of these 
strictly poli- 
to religion, 
i-place ; and 
contained in 
vv^ould, ac- 
i used, have 
other. But 
ts of the dif- 
inal govern- 
he executive 
:e of no con- 
party called 
ch possesses 
les of the le- 
an editorial ar- 
th July last. 



gislattire, is, in fact, supported at present 
by no very large number of persons of 
any party. None are more hostile to 
them than the gnater part of that large 
and spirited British born population, to 
whose steadfast exertions the preserva- 
tion of the colony during the last winter 
is mainly attributable, and who see with 
indignation that a monopoly of power and 
profit is still retained by a small body of 
men, which seems bent on excluding 
from any participation in it the British 
emigrants Zealously co-operating with 
the dominant party in resisting treason 
and foreign invasion, this portion of the 
population, nevertheless, entertains a ge 
neral distrust and dislike of them ; and 
though many of the most prominent of 
the British emigrants have always acted, 
and still invariably act, in opposition to 
the reformers, and dissent from their 
views of rosponsiblf government, I am 
very much inclined to think that they, 
and cettainly the great mass of the'r 
countrymen, really desire such a respon- 
sibility of the government as would break 
up the present monopoly of office and in- 
fluence. 

Besides those causes of complaint 
which are common to the whole of the 
colony, the British settlers have many pe- 
culiar to themselves. The emigrants 
who have settled in the country within 
the last ten years, are supposed to com- 
prise half the population. They com- 
plain that while the Canadians are desi- 
rous of having British capital and labour 
brought into the colony, by means of 
which their fields may be cultivated, and 
the value of their unsettled possessions 
increased, they refuse to make the colony 
really attractive to British skill and Brit- 
ish capitalists. They say that an Eng- 
lishman emigrating to Upper Canada is 
practically as much an alien in that Brit- 
ish colony as he would be if he were to 
emigrate to the United Stales. Ho may 
equally purchase and hold lands, or in- 
vest his capital in trade in one country as 
in the other, and he may in either exer- 
cise any mechanical avocation, and per- 



form any species of manual labour. This, 
however, is the extent of his privileges ; 
his English qualifications avail him little 
or nothing. He cannot, if a surgeon, li- 
censed to act in England, praciise without 
the licence of a board of examiners in 
the province. If an attorney, he has to 
submit to an apprenticeship of five years 
before he is allowed to practise. If a 
barrister, he is excluded from the profit- 
able part of his profession, and though 
allowed to practise at the bar, the per- 
mission thus accorded to him is practical- 
ly of no use in a country where, as nine 
attorneys out of ten are barristers also, 
there can be no business for a mere bar- 
rister. Thus, a person who has been 
admitted to the English bar is compelled 
to serve an apprenticeship of three years 
to a provincial lawyer. 

By an act passed last session difficul- 
ties are thrown in the way of the employ- 
ment of capital in banking, which have a 
tendency to preserve the monopoly pos- 
sessed by the chartered banks of the co- 
lony, in which the Canadian party are 
supreme, and the influence of which is 
said to be employed directly as an instru- 
ment for upholding the political suprema- 
cy of the party. Under the system, also, 
ot selling land pursued by the govern- 
ment, an individual does not acquire a 
patent until he has paid the whole of the 
purchase-money — a period of from four 
to ten years, according as his purchase is 
a Crown or clergy lot ; and until the pa- 
tent issues he has no right to vote. In 
some of the new states of America, on 
the contrary, especially in Illinois, an in- 
dividual may practise as a surgeon or 
lawyer almost immediately on his arrival 
in the country, and he has every right of 
citizenship after a residence of six months 
in the state. An Englishman, in efl^ect, 
is less an alien in a foreign country than 
in one which forms a part of the British 
empire. Such are the superior advanta- 
ges of the United States at present, that 
nothing but the feeling, that in the one 
country he is among a more kindred peo- 
ple, under the same laws, and in a soci- 



10 



LORD DURHAM'S REPORT. 



ety whose habits and «entiment9 are si- 
milar to those to which he htis been ac- 
customed, can induce an Englishman to 
settle in Car.ada, in pr.if'erence to the 
States; and if in the former he is depriv- 
ed of rights which he obtains in the lat- 
ter, though a foreigner, it is not to be 
wondered at that he should in many ca- 
ges give the preference to the land in 
whicn he is treated most as a citizen. It 
it very possible that there are but few 
cases in which the departure of an Eng- 
lishman from Upper Canada to the States 
can be traced directly to any of these 
circumstances in particular ; yet the state 
of society and feeling which they have 
engendered, has been among the main 
causes of the great extent of re-emigra- 
tion to the new States of the Union. It 
operates, too, still more to deter emigra- 
tion from England to the Provinces, and 
thus both to retard the advance of the 
colony, and to deprive the mother coun- 
try of one of the principal advantages on 
account of which the existence of colo- 
nies is desirable— -the field which they af- 
ford for the employment of her surplus 
population and wealth. The native Ca- 
nadians, however, to whatever poliiical 
party they may belong, appear to be 
unanimous in the wish to preserve these 
exclusive privileges. The course of le- 
gislation since the tide of emigration set 
most strongly to the country, and while 
under its inlluence the value of all species 
of property was rising, and the resources 
of the province were rapidly, and (for the 
old inhabitants) profitably developed, has 
been to draw a yet more marked line 
between the two classes, instead of ob- 
literating the former distinctions. The 
law excluding English lawyers fiom 
practice is of recent origin. The Speak- 
er of the Reforming House of Assembly, 
Mr. Bidwell, was among the strongest 
opponents of any alteration of that law 
which might render it less rigidly exclu- 
sive, and, on more than one occasion, gave 
his casting vote against a bill having for 
its object the admission of an Enghsh 
lawyer to practise in the province without 



serving a previous apprenticeship. Thia 
point is of more importance to a colony 
than it would at first sight appear to any 
one accustomed only to Sv..jh a state of 
society as exists in England. The mem- 
bers of the legal profession are in effect 
the leaders of the people, and the class 
from which, in a larger portion than from 
any other class, legislators are taken. It 
is, therefore, not merely a monopoly of 
profit, but, to a considerable extent, a 
monopoly of power, which the present 
body of lawyers contrive, by means of 
this exclusion, to secure to themselves. 
No man of mature age emigrating to a 
■ colony could afford to lose five years of 
his life in an apprenticeship from which 
he could acquire neither learning nor 
skill. The few professional men, there- 
fore, who have gone to Upper Canada 
have turned their attention to other pur- 
suits, retaining, however, a strong feel- 
ing of disc jntent against the existing or- 
der ^ things And many who might 
have emigrated remain at home, or seek 
some other colony where their course is 
not impeded by similar restrictions. 

But as in Upper Canada, under a law 
passed immediately after the last war 
with the Stales, American citizens are 
forbidden to hold land, it is of the more 
consetjuonce that the country should bo 
made as attractive as possible to the emi- 
grating middle classes of Great Britain, 
the only class from which an accession of 
capital to be invested in the purchase or 
Improvement of lands, can be hoped for. 
The policy of the law just referred to 
may well be doubted, whether the inter- 
est" of the colony or of the mother coun- 
try are considered, since the wealth and 
activity, and conse(]iienl commerce, of the 
province would have been greatly aug- 
mented had its natural advantages of soil 
and position been allowed to operate in 
attracting those who were most aware of 
their existence and eminently fitted to aid 
in their developement ; and thcire is great 
reason to believe that the uncertainty of 
the titles which many Americans possess 
to the land on which they have s([uatted 



LORD DURHAM'S REPORT. 



17 



eshlp. This 
to a colony 
)pear to any 
h a state of 
The niem- 
aro in effect 
nd tlie class 
ion than from 
re taken. It 
monopoly of 
ble extent, a 
1 the present 
by means of 
) themselves, 
ligraling to a 
five years of 
p from which 
learning nor 
il men, there- 
l^pper Canada 
to other pur- 
a strong feel- 
e existing or- 
y who might 
lome, or seek 
icir course is 
rictions. 
under a law 
he last war 
citizens are 
of the more 
try should bo 
e to the emi- 
reat Britain, 
n accession of 
purchase or 
je hoped for. 
referred to 
icr the inter- 
mother coun- 
e wealth and 
.imcrcc, of the 
gi-eutly aug- 
ntagos of soil 
to operate in 
lost aware of 
y fitted to aid 
th(!re is great 
uncertainty of 
icans possess 
lavo scpiotted 



since the passing of this law, is the main 
cause of much of the disloyalty, or ratiior 
very lukewarm loyalty, evinced by that 
population in the western district. But 
when this exclusion had been determined 
upon, it would at least have been wise to 
have removed everything that might have 
seemed like an obstacle in the way of 
those for whom the land was kept open, 
instead of closing the principal avenues 
to wealth or distinction against them in a 
spirit of petty provincial jealousy. 

The great practical question, however, 
on which these various parties have for a 
long time been at issue, and which has 
within a very few montlis again become 
the prominent matter in debate, is that of 
the clergy reserves. The prompt and 
satisfactory decision of this question is 
essential to the pacification of Canada ; 
and as it was one of the most important 
(|uestions referred to me for investigation, 
it is necessary that I should state it fully, 
and not shrink from making known the 
light in which it has presented itself to my 
mind. The disputes on this si'bject are 
now of long standing. By the Constitu- 
tional Act a certain portion of tlie land 
in every township was set apart for the 
maintenance of a " Protestant" clergy. 
In that portion of this report which treats 
of the management of the waste lands, 
the economical mischiefs which have re- 
sulted from this appropriation of territory 
are fully detailed ; and the present dis- 
putes relate solely to the application, and 
not to the mode of raising, tlie funds 
which are now derived from the sale of 
the clergy reserves. Under the term 
" Protestant clergy," the clergy of the 
church of England has always claimed 
the sole enjoyment of those funds. The 
members of the church of Scotland have 
claimed to be put entirely on a level with 
the church of Ungland, and have de- 
manded that these funds should be equal- 
ly divided between both. The various 
denominations of protestant dissenters 
have asserti'd that the term includes them, 
and that out of these funds an ecjual pro- 
vision should bo made for all cliristians 



who do not belong to the Church of 
]{ome. l^ut a great body (if all Protes- 
testant denominations, and the numerous 
Catholics who inhabit the province, have 
maintained that any such favour towards 
any one, or even all of the Protestant 
sects, would bo most unadvisable, and 
have either demanded the equal applica- 
tion if those funds to the purposes of all 
religious creeds whatsoever, or have urg- 
ed the propriety of leaving each body of 
religionists to maintain its establishment, 
to repeal or disregard the law, and to 
apply the clergy funds to the general 
])urposes of the government, or to the 
support of a general system of education. 

The supporters of those different 
schemes iiaving long contended in this 
province, and greatly inconvenienced the 
imperial government by constant refer- 
ences to its decision, the Secretary of 
State for the Colonies proposed to leave 
the determination of the matter to the 
provincial legislatures, pledging the im- 
perial government to do its utmost to get 
a parliamentary sanction to whatever 
course they might adopt. Two bills, in 
conse(juence passed the last Housa of As- 
sembly, in which the reformers had the 
ascendancy, applying these funds to tho 
]nirposes of education; and both these 
bills were rejected by the legislative 
council. 

During all this time, however, though 
much irritation had been caused [)y the 
exclusive claims of the Chiircli of Eng- 
land, and the favour shown by the gov- 
ernment to one, and that a small religious 
community, the clergy of that church, 
though an endowed, were not a dominant 
priesthood. They had a far larger share 
of the public money than the clertrv of 

111 • *•' 

and other denomination; but they had no 
exclusive privileges and no authority, 
save such as might spring from their ef- 
ficient discharge of their sacred duties, 
or from the energy, ability or influence of 
members of tlieir body. But the last 
public act of Sir .John Colborne before 
quitting the government of the Province 
in 1835, which was the establishment of 



18 



LORD DURHAM'S REPORT. 



the fifty-seven rectories, has completely 
changed the aspect of the «iuestion. It 
13 understood that overy rector possesses 
all the spiritual and other privileges en- 
joyed by an English Rector ; and that 
though he may have no right to levy 
tithes (for even this has been made a 
question,) ho is in all other respects in 
precisely the same position as a clergy- 
man of the e^ablishud church of Eng- 
land. This is regarded by all other 
teachers of religion in the country as 
having at once degraded them to a posi- 
tion of legal inferiority to the clergy of 
the church of England ; and it has been 
resented most warmly. In the opinion 
of many persons this was the chief pre- 
disposing cause of the recent insurrec- 
tion, and it is an abiding and unabated 
cause of discontent. Nor is this to be 
wondered at. The church of England 
in Upper Canada, by numbering in its 
ranks all those who belong to no other 
sect, represents itself as being more nu- 
merous than any single denomination of 
Christians in the country. Even admit- 
ting, however, the justice of the principle 
upon which this enumeration proceeds, 
and giving that church credit for all that 
it thus claims, its number could not 
amount to one-third, probably not a 
fourth, of the population. It is not, 
therefore, to be expected that the other 
sects, three at least of whom, the Metho- 
dists, tlie Presbyterians, and the Catho- 
lics, claim to be individually more nume- 
rous than the Church of England, should 
acquiesce quietly in the supremacy thus 
given it. And it is equally natural that 
the English dissenters and Irish Catho- 
lics, remembering the position whic)i 
they have occupied at home, and the long 
and painful struggle through which alone 
they have obtained the imperfect equality 
they now possess, should refuse to acijui- 
esce for themselves in the creation of a 
similar establishment in their new coun- 
try, and thus to bequeath to their children 
a strife as arduous and embittered as that 
from which they have so recently and 
imperfecdy escaped. 



But fur this act, it would have been 
possible, though highly impolitic, to have 
allowed the clergy reserves to remain 
upon their former undetermined and un- 
satisfactory footing. But the question aa 
to tho application of this projierty must 
now be settled, if it is intended that the 
j)rovince is to be free from violent and 
perilous agitation. Indeed, the whole 
controversy, which liad been in a great 
measure suspended by the insurrection, 
was, in the course of last summer, reviv- 
ed with more heat than ever by the most 
inopportune arrival in the colony of opi- 
nions given by the British law officers of 
the Crown in favour of the legality of the 
establishment of the rectories. Since 
that period the question has again absorb- 
ed public attention ; and it is quite clear 
that it is upon this practical point that is- 
sue must sooner or later be joined on all 
the constitutional questions to which I 
have previously adverted. I am well 
aware that there are not wanting some 
who represent the agitation of this ques- 
tion as merely the result of its present 
unsettled character, and who assert, that 
if the claims of the English church to 
the exclusive enjoyment of this property 
were established Ijy the Imperial Parlia- 
ment, all parties, however loud their pre- 
tensions, or however vehement their first 
complaints, would peaceably acquiesce in 
an arrangement which would then be 
inevitable. This might be the case if the 
establishment of some dominant church 
were inevitable. But it cannot be neces- 
sary to point out that, in the immediate 
vicinity of the United States, and with 
their example before the people of Ca- 
nada, no injustice, real or fancied, occa- 
sioned and supported by a British rule, 
would be regarded in this light. The 
result of any determination on the part 
of the British government or Legislature 
to give one sect a predominance and su- 
periority would be, it might be feared, 
not to secure the favoured sect, but to 
endanger the loss of the colony, and, in 
vindicating the exclusive pretensions of 
the English church, to hazard one of the 



LORD DURHAM'S REPORT. 



19 



fairest possessions of the British Crown. 
I am bound, indeed, to state, that there 
is a degree of feeling, and an unanimity 
t)f opinion on the question of ecclesiasti- 
cal establishments over the northern part 
of the continent of America, which it 
will be prudent not to overlook in the 
settlement of this question. The supe- 
riority of what is called "the voluntary 
principle" is a question on which I may 
almost say that there is no difference of 
opinion in the United States ; and it can- 
not be denied that on this, as on other 
points, the tone of thought prevalent in 
the Union has exerted a very considera- 
ble influence over the neighbouring prov- 
inces. Similar circumstances, too, have 
had the effect of accustoming the people 
of both countries to regard this question 
in a very different light from that in which 
it appears in the old world ; and the na- 
ture of the question is indeed entirely 
different in old and new countries. Tlie 
apparent right which time and custom 
give the maintenance of an ancient and 
respected instituticn cannot exist in a re- 
cently settled country, in which every- 
thing is new ; and the establishment of a 
dominant church there is a creation of 
exclusive privileges in favour of one out 
of many religious denominations, and that 
composing a small minority at the ex- 
pense not merely of the majority, but of 
many as large minorities. The church, 
too, for which alone it is proposed that 
the state should provide, is the church 
which, being that of the wealthy, can 
best provide for itself, and has the fewest 
poor to supply with gratuitous instruc- 
tion. Another consideration, which dis- 
tinguishes the grounds on which such a 
question must be decided in old and new 
countries is, that the slate of society in 
the latter is not susceptible of such an or- 
ganization as is necessary for the efficien- 
cy of any church establishment of which 
1 know, more especially of one so consti- 
tuted as the established church of Eng- 
land ; for the essence of its establishment 
is its parochial clergy. The services of 
a parochial clergy are almost inapplicable 



to a colony, where a constantly varying 
population is widely scattered over the 
country. Any clergy there must be ra- 
ther missionary than parochial. 

A still stronger objection to the crea- 
tion of a church establishment in this co- 
lony, is that not merely are the members 
of the church of England a small mino- 
rity at present ; but inasmuch as the ma- 
jority of emigrants are not members of 
the church of England, the disproportion 
is likely to increase, . ;stcad of disappear- 
ing, in the course of time. The mass of 
British emigrants will be either from the 
middle classes of Great Britain, or the 
poorer classes of Ireland ; the latter al- 
most exclusively Catholics, and the form- 
er in a great proportion either Scutch 
Presbyterians or English dissenters. 

It is most important that this question 
should be settled, and so settled as to give 
satisfaction to the majority of the people 
of the two Canadas, whom it equally 
concerns. And I know no mode of do- 
ing this but by repealing all provisions in 
Imperial acts that relate to the application 
of the clergy reserves, and the funds 
arising from them, leaving the disposal of 
the funds to the local Legislature, and 
acquiescing in whatever decision it may 
adopt. The views which I have ex- 
pressed on this subject sufficiently mark 
my conviction that, without the adoption 
of such a course, the most mischievous 
practical cause of dissension will not be 
removed. 

I feel it my duty also, in this as in the 
Lower Province, to call especial atten- 
tion to the policy which has been and 
whicli ought to be, pursued towards the 
largo Catholic population of the province. 
On this subject 1 have received complaints 
of a general spirit ol intolerance, and dis- 
favour towards all persons of this creed, 
to which I am obliged to give considera- 
ble credit from the great respectability 
and undoubted loyalty of those from 
whom tho complaints were received. 
Bishop M'Donnell, the venerable Roman 
Catholic Bishop of Kingston, and Mr. 
Manahan, M. P. P. for the county of 



20 



LORD DURHARrS RErORT. 



Hastings, have mndo representations in 
loiters, which will bo given in the up- 
penJiK to ihis report. The (^itholics 
constitute at least a Hl'th of the whole po- 
pulation of Upper Canada. Their loy- 
alty was most g(!nerally ami uiiei]uivo- 
cally exhibited at the late outbreak. Ne- 
vertheless it is said they are wholly ex- 
cluded from all share in the government 
of the country and the patronage at its 
disposal. " In Upper Canada," tsays Mr. 
Manahan, " there never was one Irish 
Roman Catholic an Executive or Legis- 
lative Councillor; nor has one ever been 
appointed to any public situation of Ciiio- 
lunient and proHt in ihe colony." 

The L-ish Catholics complain very 
loudly and justly of the existence of Or- 
angeism in this colony. They are justly 
indignant that, in a ])rovince which their 
loyalty and bravery have materially con- 
tiibuted to save, their feelings are out- 
raged by the symi)ols and processions of 
this association. It is somewhat diflicuU 
to understand the nature and the objects 
of the rather anomalous Oi-angeism of 
Upper Canada. Its members profess to 
desire to uphold the Protestant religion, 
but to be free from those intolerant feel- 
ings towards their Catholic countrymen 
which are the distinctive marks of tlie 
Irish Oi-angemen. They assert, that the 
main object to which the support of the 
English church is subsidiary, is to moun- 
tain the connection with Gi'eat Britain. 
They have sworn many ignorant Catho- 
lics into their body ; and at their public 
dinners, aftei drinking the " j)ious, glo- 
rious, and immortal memory," with all 
the usual formality of abuse of the Ca- 
tholics, they toast the health of the Ca- 
tholic Bishop, M'Donnell. It would 
seem that their great purpose has been 
to introduce the machinery, I'atlier than 
the tenets, of Orangeism, and the leailers 
prohably hope to make use of this kind of 
permanent conspiracy and illegal organi- 
zation to gain political power for them- 
selves. In fact, the Catholics scarcely 
appear to view this institution with more 
jealousy than the reformers of the prov- 



ince. It is an Irish Tory institution, 
having not so nmch a ix'ligious as a politi- 
cal bearing. Tlu; Irish Cutholica who 
have been initiated have entered chielly 
IVorn its supposed national character, and 
probably with as little regard to the po- 
litical objects with which it is connected. 
Still the oi'ganization of this i ody enables 
its leaders t'j exert a powerfid inlluenco 
over the populace ; and it is stated that, 
at the last general election, the Tories 
succeeded in carrying more than one seat 
by nieans of tie organised mob thus pla- 
ced ut their disposal. It is not, indeed, 
at the last election ordy that the success 
of the government candidates has been 
aitribuled to the existence of this associ- 
tion. At former elections, especially 
those for the county of Leeds, it is as- 
serted that the return of the Canadian 
deputy-grand-master, and of the then 
uttor-ney-gencral, his colleague, was pro- 
cured by means of a violent and riotous 
mob of Orangemen, who prevented the 
voters in the opposition interest I'rom 
coming up to poll. In consequence of 
this and other similar outrages, the As- 
sembly presented an address to Sir F. 
Head, begging "that His Excellency 
would be pleised to inform the house 
whether the government of ths ])rovince 
had taken or determined to take any ste])s 
to prevent or discourage public proces- 
sions of Orange societies, or to discourage 
the formation and continuance of such so- 
cieties." To this address the Governor 
made the following reply : — " The gov- 
ernment of this province has neither ta- 
ken, nor determined to take, any steps to 
prevent or discourage the formation or 
the continuance of such societies." It is 
to be presumed that this answer proceed- 
ed I'rom a disbelief of the truth of those 
charges of outrage and riot which were 
made the fonutlacion of the address. Uut 
it can excite no sur'prise that the existence 
of such an institution, offending one class 
by its contemptuous hostility to their re- 
ligion, and another by its violent opposi- 
tion to their politics, and which had been 
eanctioned by the governor, as was con- 



LORD DURHAM'S REPORT. 



81 



n.'ived, on account of its |ioliticul tendon- 
tins, should «.'xcilu ainoiiii; both flasse.s u 
deep Icehtig of indigniuion, nnd add so- 
riously to tin; distrust with which the gov- 
ornmunt was regarded. 

In addition to tho irritation engendered 
])y tho j)()sitioii of parties by tlie specific 
causes of dispute to whicli I have advt-rt- 
cd, and by those features in tiin govern- 
ment of the colony which deprive tho 
people of all power to effect a settlement 
on the (piestions by which the country is 
most deeply agitated, orto redress abuses 
i'l ihe institutions or in the adminisiratiun 
of the province, thcro are permanent 
causes of discontent, resulting from the 
existence of deep-scatod impediments in 
tlio way of its industrial progress. Tho 
province is without any of those means 
by which tho resources of a country aro 
developed, and the civilization of a peo- 
ple is advanced or upheld. The genend 
administration of justice, it is true, ap- 
pears to bo much better in Upper than 
in Lower Canada. Courts of justice, r.t 
k'ast, are brought into every m;in's neigh- 
bourhood by u system of circuits ; nnd 
there is still some uitegnty in juries. But 
there are general complaints of the union 
of political and judicial functions in the 
chief justice ; not because any suspicion 
attaches to that judge's discharge of his 
duties, but on account of the party 
grounis upon which his subordinates are 
supposed to be appointed, and tho party 
hias attrdnited to them. Complaints, loo, 
similar to those which I have adverted to 
ni the Lower Province, are made against 
tlie system by which the sherill's are ap- 
pointed ; it is stated that they are selected 
exclusively from the friends or depend- 
ents of the ruling paity ; that very insuf- 
ficient securities arc taken from them ; 
and llio money arising from executions 
and sales, wiiich are represented as un- 
hap|)ily very numerous in this province, 
generally remains in their hands for at 
least a year. For reasons also which I 
have specified in my account of the Low- 
er Province, the composition of the Ma- 



gistracy appears to bo serious cause of 
mischief and dissatisfaction. 

But independently of these .sources of 
complaint are trie impediments which I 
have mentioned. A very ciuisiderable 
portion of the province has neither roads, 
post-ollices, mills, schools, nor churches. 
The people may raise enough for their 
own subsistence, and may even have a 
rudo and comfortless plenty, but they can 
seldom nc(juiro wealth; nor can even 
wealthy landowners prevent their child- 
ren from growing up ignorant and boor- 
ish, and from occupying a far lower men- 
tal, moral, and social position than they 
themselves fill. Their means of commu- 
nication witn each other or the chief 
towns of the province are limited and 
uncertain, with the exception of tho la- 
bouring class, most of the emigrants who 
have arrived within the last ten years are 
poorer now than at the time of their ar- 
rival in the province. There is no ade- 
quate system of local assessment to im- 
prove the means of communication ; and 
the funds occasionally voted for this pur- 
pose are, under the present system, dis- 
posed of by a House of Assembly which 
represents principally the interests of tho' 
more settled districts, and which it Is al- 
leged has been chiefly intent in making 
the disposal a means of strengthening the 
influence of its members In the constitu- 
encies which they represent. These 
funds have consequently almost always 
been applied in that part of the country 
\\hore they were least needed ; and they 
have been too frequently expended so as 
to produce scarcely any perceptible ad- 
vantages. Of the lands which were ori- 
ginally appropriated for the support of 
schools throughout the country, by far the 
moit valuable portion has been diverted 
to the endowment of the university, from 
which those only derive any benefit who 
reside in Toronto, or those who, having 
a large assured income, are enabled to 
maintain their children in that town at an 
expense which has been estimated at d£50 
per annum for each child. Even in the 
most thickly peopled districts there are 



tB 



LORD DURHAM'S REPORT. 



})Ut few Bchools, and thoflo (»f a very in- 
ferior chamctor : wliilo the more) rcmolo 
Bottlements are almost entirely without 
any 

Under «uch circumstances thrro is lit- 
tle stimulus to industry or enterprise, iind 
their elletl is uiigmvatcil l)y the ntrikiiiff 
contrast prestMited by such of the United 
fStates as border upon this Province*, and 
where all is activity and progress. I 
shall, hereaftiM', in connection with the 
disposal of the public lands, advert to 
circumstances afVectinj; not (Tpper Cana- 
•da merely, but the whole of our North 
American colonies in an almost ctjual 
degree, which will illustrate in detail the 
causes and results of the more promment 
of these evils, i have referred to the to- 
pic in order to notice the inevitable fen- 
dendency of these inconveniences to ag- 
gravate whatever discontent may bo pro- 
duced by purely political causes, and to 
draw attention to the fact, that those who 
are most satisfied with the present politi- 
cal state of the Province, and least dis- 
posed to attribute economical injuries and 
«ocial derangement to the form or the 
working of the government, feel and ad- 
mit that there must have been something 
wrong to have caused so striking a differ- 
ence in progress and wealth between Up- 
per Canada and the neighbouring states 
of the Union. I may also observe, that 
■these evils aifect chiefly that portion of 
the people which is composed of British 
emigrants, and who have had no part in 
the causes to which they are attributable. 
The itive-born Canadians, as they gen- 
eralK' inhitbit the more settled districts of 
the Province, ure the owners of nearly all 
the waste lands, and have almost' exclu- 
sively hud the application of ail public 
funds, might be expected to have escaped 
from the evils alluded to, and even to 
have profited by the causes out of which 
they have sprung. The number of those 
who have thus profited is, however, com- 
paratively small ; the majority of this 
class, in common with the emigrant po- 
pulation, have suffered from the general 
depression, and share in the discontent 



and restlessness which this depression hai 
produced. 

The trade of the country is, however, 
a matter which appears to demand a no- 
tice hero, because .so lon^' as any such 
inarkod and striking advani.iires tn this 
respect are enjoyed by Americans, as at 
present arise from causes which govern- 
ment has the power to remove, it is im- 
possible but that numy will look forward 
with desire to political changes. There 
are laws which regulate, or rather pro- 
hibit, the importation of articles, except 
from England, especially of tea, which 
were framed originally to protect the pri- 
vileges of monopolies here; but which 
have been continued in the Province af- 
ter the English monopoly had been re- 
moved. It is not that these laws have 
any applicable etfect in raising the pric« 
of the commodities in question — almost 
all used in the Province is smuggled 
across the frontier — but their operation is 
at once injurious to the fair dealer, who 
is under Id by persons who have obtain- 
ed their articles in the cheaper market of 
the United States, and to the Province, 
which can neither regulate the traffic, nor 
make it i source of revenue. It is pro- 
bable, indeed, that the present law has 
been allowed to continue through inad- 
vertence ; but if so, it is no very satis- 
factory evidence of the care or informa- 
tion of the Imperial government that it 
knows or feels so little the oppressive in- 
fluence of the laws to which it subjects 
its dependencies. 

Another and more difficult topic con- 
nected with this subject, is the wish of 
this Province that it should be allowed to 
make use of New York as a port of en- 
try. At present the rate of duty upon 
all goods coming from the United States, 
whatever may be their nature, and the 
port in Europe from which they may 
have been shipped, is such as to compel 
all importers to receive the articles of 
their trade tlirough the Saint Lawrence, 
the navigation of which river opens gen- 
erally several weeks later than the time 
at which goods may bo obtained in all 



p 
their 



LORD DfJRTTAM'S REronT. 



23 



I depression Ima 



ry is, however, 
) (icmnnd u no* 
|v as any such 
uiii;!(re8 tri this 
miricans, as at 
I which govern- 
imovf, it is im- 
111 look iurwarJ 
liangcs. There 
, or riilher pro* 
iirlicles, except 
y ol" teu, which 
protect the pri- 
ure; but which 
he Province af- 
1^ had been ro- 
hesc laws have 
uisiiig the pric« 
[licstion — almost 
::o is smuggled 
heir operation is 
fiiir dealer, who 
,'ho have obtain- 
mper market of 
o tlie Province, 
e the traffic, nor 
uc. It is pro- 
resent law has 
through inad- 
no very satis- 
iro or intbrma- 
ernmcnt that it 
i oppressive in- 
lich it subjects 

icult topic con- 
is tlie wish of 

J be allowed to 

IS a port of en- 
of duty upon 
United States, 

lature, and the 
lich they may 
1 as to compel 
the articles of 
lint Lawrence, 
ver opens gen- 
thau the time 
btuined in all 



mrts of TTpppr Canada bordering upon 
liiikt' Ontiirii), by way of Oswego. 'I'lm 
deaitr, theridnre, must submit to iin inju- 
rious delay in liin buMincss, or must ol) 
tuiti his g()0<iit iu the autumn, and liiivo 
ills cupitid lying dead ibr nix inontlis. 
Either of these (Ujurses m!ist lessen the 
umoui.t oftniHic by diitiinisliing tlit; <|iiiim 
tity, or lesHc^ning the price, of nil com- 
modities; and the mischief is seriously 
enhanced by tho monoj)oly wliicli tlio 
present system places in the bunds of 
what are called " forwarders" on the St. 
Lawrence and llideiiu canals. If goods 
might be shipped from England to be 
landed at New York in bond, and to 1)0 
admitted into Upper Canada free of du- 
ty, upon tho |)roduction of a ceriilicato 
from tho otiicer of customs at the Eng- 
lish por' from which they are sliipped, 
this inconvenieiice would bo removed, 
and the j)eoplo of the Province would in 
reality benefit l)y their connection with 
England in the superior cheapness of 
their articles, without paying for it as 
highly as tliey do at present in the limi- 
tation of their commerce. 

I have already staled, in my account 
of Lower Canada, the dilhculties and 
disputes which ate occasioned by the fi- 
nancial relations of the two Provinces. 
The state of affairs, however, which 
causes these disputes is of far greater 
practical mischief to Upper Canada. 
That province some years ago conceived 
the noble project of removing or obvia- 
tiug all tho natural impcdituents to ilio 
navigation of tlie St. Lawrence, and tiie 
design was to make these works on a 
scale so commensurate wilh the capabili- 
ties of that broad and deep river, as to 
enable sea-going vessels to navigate its 
whole course to tlu head of Lake Hu- 
ron. The design was, perhaps, too vast, 
at least for the first olforl of a state at 
that time comparatively small and poor; 
but the boldness with wliich the people 
undertook it, and tlic immense sacrifices 
which they made in order to achieve it, 
are gratifying indications of a spirit which 
bids fair hereafter to render Upper Ca- 



nada as thriving a ro>intry as nny state of 
the American Union, 'ilie House of 
Assembly, with tlii« object in view, took 
a large portion of I lie shares of tlie Wet- 
land Canal, which had been previously 
commenced by a few enterprising indi- 
viduals. It then commenced the great 
ship cunal, called the Cornwall Canal, 
with a view of enabling ships of consid- 
eiable draught to avoid the Long Sault 
Papids : and this work was, at an im- 
mense outlay, brought very far towards 
a completion, It is said that there was 
very great inismunagcment, and perhaps 
no little johbing, in the application of tho 
funds, and tho execution of the work. 
J hit the greatest error committed was 
undertaking the works in Upper, witliout 
cnsui-ing their continuation in Lower Ca- 
nada. For the whole of tho works in 
tho U|)|)er Province, when com[)leted, 
would be comparatively, if not utterly, 
useless, witiiout the execution of similar 
works on tho part of the St. Lawrence 
which lies between the ])rovince line and 
Montreal. Hut this co-operation tho 
Lower Canada Assembly refused or neg- 
lected to give ; and tho works of tho 
Cornwall Canal are now almost suspend- 
ed from the apparent inutility of comjile- 
ting them. 

The necessary expense of these great 
underlakiugs was very large; and the 
prodigality superadded thereto has in- 
creased it to such an extent, that this 
Province is burthened with a debt of 
more than a million of pounds ; tho whole 
revenue, which is about c£G(),UOO, being 
hardly adetjuatc te pay the interest, 'i'lio 
province has already been fortunately 
obliged to throw the whole support of 
the few and imperfect local works which 
are carried on in different parts of tho 
Province on local assessments ; but it i» 
obvious that it will goon be obliged to 
have recourse to direct taxation to meet 
its ordinary civil expenditure. For the 
custom duties cannot be increased with- 
out the consent of Lower Canada, and 
that consent it is useless to expect from 
any House of Assembly chosen under 



24 



LORD DURHAM'S REPORT. 



the suspcndrd constitution. The canals, 
of which the tolls \voul<], if the whole sc- 
ries of necessary works were completed, 
in all probability render the past ontlay 
a source of profit, instead of loss, remain 
in a state of almost hopeless suspension : 
the Cornwall Canal being unfinished, and 
the works already completed daily fall- 
ing into decay, and the Welland Conal, 
which has been a source of great com- 
mercial benefit, being now in dunger of 
becoming useless, from the want of mo- 
ney to make the necessary repairs. Af- 
ter all its great hopes, and all the gieat 
sacrifines which it has made to realize 
them, Upper Canada now nnds itself 
loaded with an enormous debt, which it 
is denied the means of rii^ing its indirect 
taxation to meet, and mocked by the as- 
pect of these unfinished works which 
some small combined eftbrts might render 
a source of vast wealth and prosperity, 
but which now are a source of useless 
expense and bitter disappointmen'.. 

It may well be believed that such a 
state of things is not borne without re- 
pining by some of the most enterprising 
and I'lyal people of the Province. It is 
well known that the desire of getting over 
these difKculties has led many persons in 
this Province to urge the singular claim 
t) have a convenient portion of Lower 
(Canada taken from that Province, and 
annexed to Upper Canada ; and that it 
induces many to desire a Union of the 
Provinces as the only efiicient means of 
settling all these disputes on a just and 
permanent footing. J5ut it cannot tie 
matter of surprise that in despair of any 
efficient remedies beirg provided by tiie 
imperial government, muny of the most 
enterprising colonists of L^pper Canada 
look to thai bordering country in which 
no great inuustriai enterprise ever feels 
neglect, or experiences a check, and that 
men the most attached to the existing 
form of government would find some 
compensation in a change, whereby ex- 
perience might bid thein hope that every 
existing obstacle would be speedily re- 
moved, and each man's forliuie share in 



the progressive prosperity of a flourishing 
state. 

A dissatisfaction with the existing or- 
der of things, produced by causes such as 
I have described, necessarily extends to 
many who desire no change in the politi- 
cal institutions of the Province. Those 
who most admire the form of the exist- 
ing system wish to see it administered in 
a very difterent mode. Men of all parties 
feel that the actual circumstances of the 
colony are such as to demand the adop- 
tion of widely different measures from 
any that have yet been pursued in refer- 
ence to them. They ask for greater 
firmness of purpose in their rulers, and 
a mor" defined and consistent policy on 
tiie part of the government ; something-, 
in short, that will make all parties feel 
thai an order of things has been estab- 
lished to which it is necessary that they 
should conform themselves, and which is 
not to be subject to any unlookcd for and 
sudden inlerrup'ion consequent upon 
some unforeseen move in tlie game ot 
politics in England. Hittierto the course 
of policy adopted by the Eiiglish Gov- 
ernment towards this colony has had re- 
ference to the state of parties in England, 
instead of the wants and circumstances 
of the Province ; neither party could 
cnlculate upon a succecsful result to their 
struggles for any particular oijject, be- 
cause, though they might be able to esti- 
mate accurately enough their strength in 
the colony, tliey could not tell how soon 
some l;idden spring might be put in mo- 
tion in the Colonial-ollice in England 
which would defeat their best laid plans, 
and render utterly unavailing whole 
years of patient effort. 



: ASTERN PROVINCES AND 
NEWFOUNDLAND. 



Though I have statt^d my opinion that 
my incjuiri'.s would have been very in- 
comploie had they been confined to the 
two Canadas, the information which I am 



^■, 



of a flourishing 



,iie existing or- 
causes such as 
•ily extends to 
e in the politi- 
ivince. Those 
1 of the exist- 
idministered in 
en of all parties 
istances of the 
nand the adop- 
measures from 
rsued in refer- 
sk for greater 
eir rulers, and 
stent policy on 
lit ; something, 
all parties feel 
as been estub- 
ssary that thoy 
s, and which is 
ilookcd for and 
sccjuent upon 
1 tlie game ot 
icrto the course 

English (tov- 
ny has had ro- 
ies in England, 

circumstances 
!r party could 
1 result to tiieir 

lar o!)ject, bo- 
he able to csti- 
leir strength in 

t tell how soon 

bo put in mo- 
e in England 

jost laid plans, 

vailing whole 



INCESAND 
AND. 

ly o])inion that 

boon very in- 

:oiifin('d to the 

on which I uia 



LORD DURHAM'S REPORT. 



25 



enabled to communicate with respect to 
the other North American colonies is ne- 
cessarily very limited. As, however, in 
tliese provinces, with the exception of 
Newfoundland, there are no such discon- 
tents no, tiireaton the disturbance of the 
public trancjuillity, I did not think it ne- 
cessary to institute any minute inquiries 
into the details of the vcious depart- 
ments of government. It is only neces- 
sary that I should state my impression of 
the general working of the government 
in these colonies, in order that if institu- 
tions similar to those of the disturbed 
provinces should here appear to be tend- 
ing to similar results, a common remedy 
may be devised for the impending as well 
as for existing disorders. On this head 
I have obtained much useful information 
from the communications which I had 
with the Lieutenant Governors of these 
colonies, as well as with individuals con- 
nerted with them, but, above dl!, from 
the frequent and lengthened discussions 
which passed between me and the gen- 
tlemen who composed the deputations 
sent to me last autumn from each of the 
three eastern provinces, for the purpose 
of discussing the principles as well as de- 
tails of a plan of government for the 
whole of the British North American 
Colonies. It was most unfortunate that 
the events of temporary, but pressing 
Importance which compelled my return 
to ll^ngland interrupted these discussions ; 
but the delegates with whom I had the 
good fortune to carry them on, were gen- 
tlemen of so much ability, so high in sta- 
tion, and so patriotic in their views, that 
their information could not fail to give me 
a very fair view of the working of the 
Colonial constitution under somewhat dif- 
ferent circumstances in each. I insert in 
the Appendix a communication which I 
received from one of those gentlemen, 
Mr. Young, a leading and very active 
member of the House of Assembly of 
Nova Scotia, respecting that Province. 

It is not necessarv, however, that 1 
bhtuld enter into any lengthened account 
of the nature or working of the form of 
D 



government established in these provin- 
ces, because in my account of Lower 
Canada I have described the general 
charac^^eristics of the system common to 
all, and adduced the example of tiiese 
provinces in illustration of the defects of 
their common system. In all these pro- 
vinces we find representative government 
coupled with an irresponsible executive ; 
we find the same constant collision be- 
tween the branches of the government ; 
the same abuse of the powers of the re- 
presentative bodies, owing to the anoma- 
ly of their position, aided by the want of 
good municipal institutions ; and the same 
constant interference of the imperial ad- 
ministration in matters which should bo 
left wholly to the provincial govf rnments. 
And if in these Provinces there is hss 
formidable discontent and less obstruction 
to the regular course of Government, it 
is because in them there has been recent- 
ly a considerable departure from the or- 
dinary course of the colonial system, and 
a nearer approach to sound constitutional 
practice. 

This is remarkably the case in New 
Brunswick, a province which was till a 
short time ago one of the most constantly 
harassed by collisions between the exe- 
cutive and legislative powers ; the colli- 
sion has now been in part terminated by 
the concessions of all the revenues of the 
province to the Assembly, The policy 
of this concession, with rel'erence to the 
extent and mode in which it was made, 
will be discussed in the separate Report 
on the disposal and management of public 
lands; but the policy of the government 
in this matter has at any rate put an end 
to disputes about the revenue which were 
on ihe point of producing a constant par- 
liamentary conflict between the crown 
and the Assembly in many respects like 
that which has subsisted in L. Canada; 
but a more important advance has been 
made towards the practice of the British 
constitution in a recent change which has 
be«n made in the executive and legislative 
councils of the colony, whereby, as I 
found from the representatives of the pre- 



i 



1 



26 



LORD DURHAM'S REPORT. 



/ 



sont officL.l body In the delegation from 
New Brunswick, the administrative pow- 
er of the province had been taken out of 
the hands of the old official party, and 

f>laced in those of members of the former 
iberal opposition. The constitutional 
practice had been, in fact, fully carried 
into eftoct in this provmce ; the govern- 
ment had been taken out of the hands of 
those who could not obtain the assent of 
the majority of the Assembly, and placed 
in the hands of those who possessed their 
confidence ; the result is, that the govern- 
me'it of New Brunswick, till lately one 
of the most difficult in the North Ameri- 
can colonies, is now the most harmonious 
and easy. 

- In Nova Scotia some, but not a com- 
plete approximation has been made to the 
same judicious course. The government 
is in a minority in the Assembly, and the 
Assembly and the Legislative Council do 
not perii^ctly harmonize. But the ques- 
tions which divide parties at present hap- 
pen really to be of no grt-at magnitude; 
and all are united and zealous in the great 
point of maintaining the connection with 
Great Britain. It will be seen from Mr. 
Young's paper, that the (juestions at issue, 
though doubtless of very considerable 
importance, involve no serious discussion 
between the government and the people. 
The majority of members of the opposi- 
tion is stated by the offiicial party to be 
\'ery uncertain, and is admitted by them- 
selves to be very narrow. Both parties 
look with confidence to the coming gene- 
ral election ; and all feel the greatest re- 
liance on the good sense and good inten- 
sions of the present lieutenant governor 
Sir Colin Campbell. 

I must, however, direct particular at- 
tention to the following temperate re- 
marks of Mr. Young ou the constitution 
of the Executive and Legislative Coun- 
ci/i: — 

" The majority of the House of As- 
sembly is dissatisfied with the composition 
of the Executive and Legislative Coun- 
cils, and the preponderance in liolh of in- 
terests which they conceive to ba unfa- 



vourable to reform : this is the true 
ground, as I take it, of the discontent tbtit 
is felt. The respectability and private 
virtues of the gentlemen are admitted by 
all ; it is of their political predilections that 
the people complain ; they desire reform- 
ing and liberal principles to be more fully 
represented and advocated there, as they 
are in the Assembly. 

"The majority of the House, while 
they appreciate and have acknowledged 
the anxiety of his Excellency the Lieuten- 
ant Governor to gratify their just expecta- 
tions, hav"! expressed their dissatisfaction 
that the church of England should have 
been suffered to retain a majority ^n both 
councils, notwithstandiner the remon- 
strances of the House and the precise and 
explicit directions of the Colonial Secreta- 
ry. Religious dissensions are happily 
unknown among us, and the true way to 
prevent their growth and increase is tt> 
avoid conferring an inordinate power on 
any one sect, however worthy it may bo 
of respect and favour." 

The Political history of Prince Ed- 
ward's Island 11. contained in the system 
pursued with regard to its settlement, and 
the appropi iation of its lands, which is ful- 
ly detailed in the subsequent view of that 
department of governriient in the North 
American Colonies ; and its past and pre- 
sent disorders are but the sad result of that 
fatal error which stifled its prosperity in 
the very cradle of its existence, by giving 
up the whole island to a handful of distant 
proprietors. Against this system, this 
small and powerless community has in 
vain been struggling for some years : a 
few active and influential proprietors in 
London have been able to drown the re- 
monstrances and defeatthe eftbrts of a dis- 
tant and petty province : for the ordinary 
evils of distance are, in the instance of 
Prince Edward's Island, aggravated by 
the scantiness of its population, and the 
confined extent of its territory. This is- 
land, most advantageously situated for the 
supply of the sut'rounding colonies and of 
all the? fisheries, possesses a soil peculiarly 
adapted to the production of grain ; and 



his )s the true 
le discontent that 
ill'y and private 
are admitted by 
predilections that 
jy desire reform- 
I to be more fully 
ed there, as they 

3 House, while 
o acknowledged 
3ncy the Lieuten- 
heir just expecta- 
Hir dissatisf"actior> 
land should have 
majority ^n both 
nsr the remon- 
i the precise and 
Colonial Secreta- 
ons are happily 
d the true way to 
id increase is Ity 
dinate power on 
rt'orthy it may bo 

of Prince Ed- 
id In the system 
:s settlement, and 
mds, which is ful- 
jent view of that 
ent in the North 
its past and p re- 
sad result of that 
its prosperity in 
stence, by giving 
andful of distant 
is system, this 
mmunity has in 
r some years : a 
proprietors In 
to drown the re- 
efibrts of adis- 
br tlio ordinary 
the instance of 
, aggravated by 
Illation, and the 
ritory. This is- 
y situated for the 
colonies and of 
1 a soil peculiarly 
n of grain ; and 



il 



LORD DURHAM'S REPORT. 



27 



from its Insular position is blessed witii a 
climate far more genial than a great part 
of the continent which lies to the south- 
ward. Had its natural advantages been 
turned to proper account, it might at this 
lime have been the granary of the British 
colonies, and instead of barely supporting 
a poor and unenterprising population of 
40,000, its mere agricultural resources 
would, according to Major Head, have 
maintained in abundance a population of 
at least ten limes that number. Of nearly 
1,400,000 acres contained In the Island, 
only 10,000 are said to be unfit for the 
plough. Only 100,000 are now under 
cultivation. No one can mistake the 
cau3:j of this lamentable waste of the 
means of this national wealth. It is the 
possession of almost the whole soil of 
the island by absentee proprietors, who 
would neither promote nor permit its cul- 
tivation, combined with the defective gov- 
ernment which first caused and has since 
perpetuated the evil. The simple legis- 
lative remedy for all this mischief havmg 
been suggested by three successive se- 
cretaries of Slate has been embodied in 
an act of the local Legislature, which was 
reserved for the Royal assent; and the 
influence of the proprietors in London 
was such, that that assent was for a long 
time withheld. The question was refer- 
red to me during my stay In Canada ; 
and 1 believe I may have the satisfaction 
of attributing In the recommendation 
which I gave, in accordance with the car- 
nest representations of tlie lieutenant gov- 
ernor. Sir Charles Fitzroy, the adoption 
at least of a measure intended to remove 
the abuse that has so long retarded the 
prosperity of this colony. 

The present condition of these colo- 
nies presents none of these alarming f<,'a- 
tures which mark the state of tiie two 
Canadas. The loyalty and attachment to 
the mother country which animate their 
inhabitants is warm and general. But 
their varied and ample resources are 
turned to little account. Their scanty 
population exhibits, in most portions of 
them, an aspect of poverty, backward- 



ness, and stagnation; and wherever a 
better state of thing" is visible, the im- 
provement is generally to be ascribed to 
the influx of American settlers or capital- 
ists. Major Head des<:ribe3 his journey 
through a great part of Nova Scotia ag 
exhibiting the melancholy spectacle of 
" half the tenements abandoned, and lands 
everywhere falling into decay;" "and 
the lands," he tells us, " that were pur- 
chased thirty and forty years ago, at 5s. 
an acre, are now offered for sale at Ss." 
'• The people of Prince Edward's Island 
are," he says, " permitting Americans to 
take out of their hands their valuable 
fisheries, from sheer want of capital to 
employ their own population in them." 
" The country on the noble river St. 
John's," he states, " possesses all that is 
requisite, except that animation of busi- 
ness which constitutes the value of a new 
settlement." But the most striking Indi- 
cation of the backward state of these 
provinces is afforded by the amount of 
the population. These provinces, among 
the longest settled on the North Ameri- 
can Continent, contain nearly 30,000,000 
of acres, and a population, estimated at 
the highest, at no more than 365,000 
souls, giving only one inhabitant for ev- 
ery 80 acres. In New Brunswick, out 
of 16,500,000 acres, it Is estimated that 
at least 15,00,000 are fit for cultivation ; 
and the population being estimated at no 
more than HO'OOO, there Is not one In- 
habitant for 100 acres of cultlvatable land. 
It Is a singular imd melancholy feature 
in the condition of these provinces, that 
the resources rendered of so little avail to 
the population of Great Britain, are turn- 
ed to belter account by the enterprising 
Inhabitants of the United Stales. While 
the emigration from the province Is large 
and constant, the adventurous farmers of 
New England cross the frontier, and oc- 
cupy the best farming lands. Their fish- 
ermen enter our bays and rivers, and in 
some cases monopolise the occupations of 
our own unemployed countrymen; and 
a great portion of the trade of the St. 
John's is in t';oir hands. No*; only do 



28 



LORD DURHAM'S REPORT. 



the citizens of a foreign nation do this, 
but they do it with British capital. Ma- 
jor Head states, " that an American mer- 
chant acknowledged to him that the capi- 
tal with which his countrymen carried on 
their enterprises in the neighbourhood of 
St. John's was chiefly supplied by CTreat 
Britain ; and," ha adds, as a fact within 
his own knowledge, " that wealthy capi- 
talists at Halifax, desirous of an invest- 
ment for their money, preferred lending it 
in the United States to applying it to spe- 
culation m N. Brunswick, or to lending it 
to their own countrymen in that province." 

I regret to say that Major Head also 
gives the same account respecting the dif- 
ference between the aspect of things in 
those provinces and the bordering state 
of Maine. On the other side of the line, 
good roads, good schools, and thriving 
farms afford a mortifying contrast 'o the 
condition in which a British subject finds 
the neighbouring possessions of the Brit- 
ish Crown. 

With respect to the colony of New- 
foundland, 1 have been able to obtain no 
information wliatever, except fiom sour 
ces open to the public at large. Thn ne- 
sembly of that Island signified their in- 
tention of making an appeal to me res- 
pecting some differences with the Gover- 
nor, which had their immediate origin in a 
dispute with a Judge. Owing probably 
to tlie uncertain and tardy means of com- 
municating between Quebec and that 
Island, I received no other communica- 
tion on this or any other subject until after 
my arrival in Enghind,when I received 
an address expiessive of regret at my de- 
parture. 

I know nothing, therefore, of the state 
of things in Newfoundlatu!, except that 
there is and long has been the ordinary 
colonial collision between the representa- 
tive body on one side and the executive 
on the other; that the representatives have 
no influence on the composition or tluj 
proceedings of the executive government; 
and that tlie dispute is now carried on, as 
in Canada, by impeachments of various 
public officers on one hand and proroga- 



tions on the other. I am inclined to think 
that the cause of these disorders is to be 
found in the same constitutional defects as 
those which I have signalized in the rest 
of the North American colonies. If it be 
true that there exists in this island a state 
of society which renders it unadvisable 
that the whole of the local Government 
should be entirely left to the inhabitants, 
I believe that it would be much better to 
incorporate this colony with a larger com- 
munity, than to attempt to continue the 
present experiment of governing it by a 
constant collision of constitutional pu^vers. 

The following is the conclusion of this 
report : — 

" I have now brought under review the 
most prominent features of the condition 
and institutions of the British Colonies in 
North America. It has been rny painful 
task to exhibit a state of things which can- 
not be contemplated without grief by all 
who value the well-being of our Colonial 
fellow-countrymen and the integrity of 
the British Empire. I have des^cribed the 
operation of those causes of division which 
unhappily exist in the very composition of 
society; the disorder produced by the 
working of an ill-contrived constitutional 
system, and the practical mismanagement 
which those fundamental defects have ge- 
nerated in every department of govern- 
ment. 

It is not necessary that I should take 
any pains to prove that this is a state of 
things which should not, which cannot 
continue. Neither the political nor tlio 
social existence of any community can 
bear much longer, the operation of those 
causes, which have, in Lower Canada, 
already produced a long practical cessa- 
tion of the regular course of constitutional 
government, which have occasioned the 
violation an! necessitated the absolute 
suspension of the provincial constitution, 
and which have resulted in two insurrec- 
tions, two substitutions of martial for civil 
law, and two perioils of a general aljey- 
ancoof every guarantee that is considered 
essential for the protection of a British 



LORD DURHAM'S REPORT. 



29 



inclined to tliink 
sorders is to be 
tional defects as 
lized in the rest 
lonies. If it be 
is island a state 
i it unadvisable 
;al Government 
the inhabitants, 
much belter to 
th a larger com- 
to continue the 
vernlng it by a 
tutional pu'vers. 

)nclusion of this 

nder review the 
jf the condition 
tish Colonies in 
loen vny jjainful 
lings which can- 
)ut grief by all 
of our Colonial 
he integrity of 
ve described the 
fdivision which 
f composition of 
•odiiced by the 
d constitutional 
nismanagi'ment 
jc'fects have ge- 
lent of govern- 

t I should take 
lis is a state of 

which cannot 
alitical nor the 
ommunitv can 
oration of those 
jownr Canada, 
practical cessa- 
constitutional 
occasioned the 
ihe absolute 
al constitution, 
1 two iiisurrcc- 
iiartial for civil 
, gt'iieral aVjey- 
it is considered 

n of a British 



subject's rights. I have already described 
the state of feeling which prevails among 
each of the contending parties, or rather 
races ; their all-pervading and irrecon- 
cileable enmity to each other; the entire 
and irremediable dissatisfaction of the 
'vhole French population, as well as the 
suspicion with which the English regard 
the Imperial Government; and the deter- 
mination of the French, together with the 
tendency of the English to seek for a 
redress of their intolerable present evils 
in the chances of a separation from Great 
Britain. The disorders of Lower Cana- 
da admit of no delay ; the existing form 
of government is but a temporary and 
forcible subjugatiim. The recent consti- 
tution is one of which neitlier party would 
tolerate the re-establishment, and of which 
the bad working has been such that no 
fiiend to liberty or to order could desire 
to see the province again subjected to its 
mischievous influence. Whatever may 
bf the dilficulty of discovering a remedy, 
its urgency is certain and oijvious. 

Nor do I believe that the necessity 
for adopting some extensive and decisive 
measure for the pacification of Upijcr 
Canada is at all less important. From 
the account which 1 have given of the 
causes of disorder in that province, it 
will be seen that I do not consider them 
by any means of such a nature as to be 
irremediable, or even to be susceptible of 
-10 remedy, that shall not effect an orga- 
nic change in the existing constitution. It 
cannot be denied, indeed, that the conti- 
nuance of the many practical grievances 
which I have described as subjects of 
complaint, and above all, the determined 
resistance to such a system of responsible 
goveriHiient as would give the peoole a 
real control over its own destinies, have, 
togetlier with the irritation caused by the 
late insUh't-ection, induced a large portion 
of the population to look with envy at 
the material prosperity of their neigh- 
bours in the United Slates, under a per- 
fectly free and eminently responsible go- 
vernment; and in despair of obtaining 
Buch benefits under their present institu- 



tions, to desire the adoption of a republi- 
can constitution or even an incorporatiori 
with tlie American Union. But 1 am in- 
clined to think that such feelings have 
made no formidable or irreparable pro- 
gress ; on the contrary, I beheve that all 
the discontented parties, and especially 
the reformers of Upper Canada, look 
with considerable confidence to the re- 
sult of my mission. The different par- 
ties believe that when the case is once 
fairly put before the mother country the 
desired changes in the policy of their 
government will be readily granted: 
they are now tranquil and I believe loyal; 
determined to abide the dt cision of tlie 
home government, and to defend their 
property and their country against rebel- 
lion and invasion. But 1 cannot but ex- 
press my belief, that this is the last eftbrt 
of their almost exhausted patience, and 
that the disappointment of their hopes on 
the present occasion, will destroy forever 
the expectation of good resulting from 
British connection. I do not mean to say 
that they will renew the rebellion, much 
less do I imagine that they will array 
themselves in such force as will be able 
to tear the oovernmeut of their countrv 
from the hands of the great military pow- 
er which Great Britain can bring against 
them. If now frustrated in their expec- 
tations, and kept in hopeless subjection to 
rulers irresponsible lo the people, they 
will, at best, only await in sullen pru- 
dence the contingencies which may ren- 
der the preservation of the province de- 
pendent on the devoted loyalty of the 
great mass of its population. 

With respect to the other North Ame- 
rican provinces, I will not speak of such 
evils as imminent, because I firmly be- 
lieve that whatever discontent there may 
be, no iiTitation subsists which in any 
way weakens the strong feeling of at- 
tachment to the British Crown and em- 
])ire. Indeed, throughout the whole of 
the North American provinces there pi-e- 
vails among the British population an af- 
fection for the mother country, and a pre- 
ference for its institutions, which a wise 



30 



LORD DURHAM'S REPORT. 



and firm policy, on the part of the impe- 
rial government, may make the founda- 
tion of a safe, lionourable, and enduring 
connexion. But even this feeling may 
be impaired, and I must warn those in 
whose hands the disposal of their desti- 
nies rests, that a blind reliance on the all- 
enduring loyalty of our countrymen may 
be carried too far. It is not politic to 
waste and cramp their resources, and to 
allow the backwardness of the British 
provinces every where to present a mel- 
ancholy contrast to the progress and pros- 
perity of the United States. Through- 
out the course of the preceding pages, I 
have constantly had occasion to refer to 
this contrast. I have not hesitated to do 
BO, though no man's just pride in his 
country, and firm attachment to its institu- 
tions, can be more deeply shocked by the 
mortifying admission of inferiority. But 
I should ill discharge my duty to your 
Majesty, I should give but an imperfect 
view of the real condition of these prov- 
inces, were I to detail mere statistical 
facts without describing the feelings 
which they generatfe in those who observe 
them daily, and daily experience their 
influence on their own fortunes. The 
contrast which I have described is the 
theme of every traveller who visits these 
countries, and who observes on one side 
of the line the abundance, and on the 
other the scarcity of every material pros- 
perity which thriving agriculture and 
nourishing cities indicate, and of that ci- 
vilization which schools and churches tes- 
tify even to the outward senses. While 
it excites the exultation of the enemies of 
British institutions, its reality is more 
strongly evmced by the reluctant admis- 
sion of your majesty's most attached sub- 
jects. It is no true loyalty to hide from 
your Majesty's knowledge the existence 
of an evil which it is in your Majesty's 
power, as it is your Majesty's benevolent 
pleasure to remove. For the possibility 
of reform is yet afforded by the patient 
and fervent attachment wbich your Ma- 
jesty's English subjects in all these prov- 
inces still feel to thoir allegiance and the 



mother country Calm reflection and 
royal confidence have retained these feel- 
ings unimpaired, even by the fearful 
drawback of the general belief that every 
man's properly is of less value on the 
British than on the opposite side of the 
boundary. It is time to reward this no- 
ble confidence, by showing that men have 
not indulged in vain the hope that there is 
a power in British institutions to rectify 
existing evils, and to produce in their 
place a well-being which no other domin- 
ion could give. It is not in the terrors of 
the law, or in the might of our armies, 
that the secure and honourable bond of 
connexion is to be found. It exists in the 
beneficial operation of those British in- 
stitutions which link the utmost develope- 
mont of freedom and civilization with the 
stable authority of an hereditary monar- 
chy, and which, if rightly organized and 
fairly administered in the colonies, as in 
Great Britain, would render a change of 
Institutions only an additional evil to the 
loss of the protection and commerce of the 
British empire. 

But while I count thus confidently on 
the possibility of a permanent and advan- 
tageous retention of our connexion with 
these important colonies, I must not dis- 
guise the mischief and danger of holding 
them in tlieir present state of disorder. I 
rate the chances of successful rebellion as 
the least danger in prospect. I do not 
doubt that the British government can, if 
it choose to retain their dependencies at 
any cost, accomplish its purpose. I be- 
believe that it has been the means of en- 
listing one part of the population against 
the other, and of garrisoning the Canadas 
with regular troops sufficient to nwe all 
internal enemies. But even this will not 
be done without great expense and haz- 
ard. The expense of the last two years 
furnishes only a foretaste of th(f»cost to 
which such a system of government will 
subject us. On the lowest calculation, the 
addition of c€ 1,000, 000 a year to our an- 
nual colonial expenditure will barely ena- 
ble us to obtain this end. Without a 
change in our system of government, the 



rapu 
the 



mig 



LORD DURHAM'S REPORT. 



31 



ulation against 
ig the Canadas 



dlecontent which now pvevaila will spread 
and advance. As the cost of retaining 
these colonies increases their value will 
rapidly diminish; and if by such means 
the British nation shall be content to re- 
tain a barren and injurious sovereignty, 
it will but tempt the chances of foreign 
aggression, by keeping continually ex- 

t»osed to a powerfu' and ambitious iieigh- 
lour a distant dependancy, in which in- 
vaders would find iij resistance, but 
might rather reckon on active co-opera- 
tion from a portion of the resident popu- 
lation. 

I am far from presenting this risk in 
a manner calculated to irritate the just 
pride which would shrink from the 
thoughts of yielding to the menaces of a 
rival nation, because, important as I con- 
sider the foreign relations of this ques- 
tion, I do not believe that there is now 
any very pro.ximate danger of a collision 
with the U. States, in consequence of that 
power desiring to take advantage of the 
disturbed state of the Canadas. In the 
despatch of the 9th of August I have 
described my impression of the state of 
feeling with respect to the Lower Cana- 
da insurrection, which had existed, and 
was then in existence, in the U. States. 
Besides the causes of hostility which ori- 
ginate in the mere juxtaposition of that 
power to cur North American provinces, 
I dascribed the influence which had un- 
doubtedly been exercised by the mista- 
ken political sympathy with the insur- 
gents of Lower Canada, which the inha- 
bitants of the United States were indu- 
ced to entertain. There is no paople in 
the world so little likely as that of the 
United States to sympathize! with the re- 
al feelings and policy of the French Ca- 
nadians; no people so little likely to 
share in their anxiety to preserve ancient 
and bajkarous laws, and to check the in- 
dustry and improvement of their country, 
in order to gratify some idle and narrow 
notion of a petty and visionary national- 
ity. The Americans who have visited 
Lower Canada, perfectly understand the 
real 'rath of the case; they sec that the 



quarrel is a quarrel of races ; and they 
certainly show very little inclination to 
take part with the French Canadians and 
their institutions. Of the great number 
of American travellers coming from all 
parts of the union, who visited Quebec 
during my residence there, and whoso 
society I, together with the gentlemen 
attached to my mission, had the advan- 
tage of enjoying, no one ever expressed 
to us any approbation of, what may be 
termed, the national objects of the French 
Canadians, while many did not conceal a 
strong aversion to them. There is no 
people in the world to whom French 
Canadian institutions are more intolera- 
ble, when circumstances compel submis- 
sion to them. But the mass of the Ame- 
rican people had judged of the quarrel 
from a distance ; they had been obliged 
to form their judgment on the apparent 
grounds of the controversy ; and were 
thus deceived, as all those are apt to bo 
who judge under such circumstances, 
and on such grounds. The contest bore 
some resemblance to the great struggle 
of their own forefathers, which they re- 
gard with the highest pride. Like that, 
they believed it to be a contest of the co- 
lony against the empire, whose miscon- 
duct alienated their own country : they 
considered it to be a contest undertaken 
by a people professing to seek indepen- 
dence of distant control, and extension 
of popular privileges ; and finally, a con- 
test of which the first blow was struck 
in consequence of a violation of a colo- 
nial constitution, and the appropriation of 
the coloi/ial revenues without the consent 
of the colonists. It need not surprise us, 
that such apparently probable and suffi- 
cient causes were generally taken, by the 
people of the United States, as complete- 
ly accounting for the whole dispute ; that 
the analogy between the Canadian insur- 
rection and the war of independence was 
considered to be satisfactorily made out; 
and that a free and high-spirited people 
eagerly demonstrated its sympathy with 
those whom it regarded as gallantly at- 
tempting with unequal means, to assert 



32 



LORD DURHAM'S REPORT. 



tlmt glorious cause wliich its own fathers 
hiul triumpliJiiiUy iiplicUl. 

In till! case ol" Up|)i'r Canada, I be- 
lieve tlie syinpatliy to have been much 
more stronj^aiul liunihle; and though the 
occasion vi' the contest was apparently 
loss marked, I have no doubt lliat this 
was more tlian conipeiisateil l)y tlie sinii- 
lurity of language and manners, which 
enabled tlie rebels of the Upper Prov- 
ince to presi'nt their case much more ea- 
sily and forcibly to those whose sympa- 
thy and aid tln'y sought. The incidents 
of any struggle of a large portion of u 
people with its government, are sure, at 
some time or another, to elicit some sym- 
pathy with those who ajtpear, to the 
careless view of a foreign nation, only as 
martyrs to the popular causae, and as vic- 
tims of a government conducted on prin- 
ciples diireririg from its own. And I 
have no doubt that if tin; internal strug- 
gle be renewed, the sympathy from with- 
out will, at some time or another, rcaa 
sumo its formiir strength. 

For it must be recollected that the na- 
tural ties of sympathy between the Eng- 
lish population of the Canadas and the 
inhabitants of the frontier states of the 
union are peculiarly strong. Not only 
<jo they speak the same language, live 
under laws having the same origin, and 
preserve the same customs and hab'.ts, 
but there is a positive alternation, if I 
may so express it, of the populations of 
the two countries. While large tracts 
of the British territory are peopled by 
American citizens, wlio still keep up a 
constant connection with their kindred 
and friends, the neighbouring states are 
tilled xvith emigrants from Great Britain, 
some of vviiom have quitted Canada after 
unavailing efforts to find there a profita- 
ble return for their capital and labour; 
nnd many of whom liave settled in the 
United States, while other members of 
their families, and the companions of 
their youth, have taken up their abode on 
the other side of the frontier. I had no 
means of ascertaining the exact degree 
of truth in some statements which I have 



heard respecting the number of Irish set- 
tled in the state of New York ; but it is 
conimonly assi»rted that tliere are no less 
than 10,000 Irish in the militia of that 
state. The intercourse between these 
two divisions of what is, in fart, an iden- 
tical population, is constant and universal. 
The border townships of Lower Canada 
are separate<l from the United States by 
an imaginary line ; a great part of tho 
frontier of Upper Canada by river^-', 
which are crossed in ten niinutes; and 
the rest by lakes, which interpose hardly 
a six hours' passage between the inhabit- 
ants of each side. Every man's daily 
occupations bring him in contact with his 
neighbours on the other side of the line ; 
the daily wants of one country are sup- 
plied by the produce of the other; and 
the population of each is in some degree 
dependent on the state of trade and tho 
demands of the other. Such common 
wants beget an interest in the politics of 
oach country among tho citizens of tho 
other. The newspapers circulate in 
some places almost equally on tho differ- 
ent sides of the line; and men discover 
that their welfare is frecjuently as much 
involved in the political condition of their 
neighbours as of their own countrymen. 

The danger of any serious mischief 
from this cause appears to me to be less 
at the present moment than for some time 
past. Tho events of last year, and the 
circulation of more correct information 
res|iecting the real causes of conteMion, 
have apparently operated very success- 
fully against tho progress or continuance 
of tliis species of sympathy ; and 1 have 
the satisfaction of believing that the poli- 
cy which was pursued during my admin- 
istration of the government was very elH- 
cient in removing it. The almost com- 
plete unanimity of the press of die Uni- 
ted States, as well as the assuralnces of 
individuals well conversant with the state 
of public opinion in that country convince . 
me, that the measures which I adopted 
met with a concuvrenv'ie that completely 
turned the tide of feeling in favour of the 
British government. Nor can I doubt, 



nber of Irish sot- 
York ; (Hit it is 
)icro lire no loss 
3 militia of that 
between these 
in fiirt, an iden- 
intund universal. 
[* Lower Canivda 
Jniled Sttitea by 
rent part of tho 
lada by river-', 
en niimites; and 
interpose hardly 
vecn the itihabit- 
ery man's daily 
contact with his 
side of the line ; 
country are sup- 
f the other ; and 
s in 8onie degree 
jf trade and the 
Snch common 
n tho politics of 
e citizens of tho 
irs circulate in 
dly on tho differ- 
d men discover 
uently as much 
ondition of their 
n countrymen, 
serious mischief 
to me to be less 
n for some time 
year, and the 
rect information 
s oi' conteDiion, 
J very success- 
or continuance 
hy ; and 1 have 
ig that the poli- 
ring my adniin- 
it was very elli- 
'he almost com- 
!ss of die Uni- 
e assurances of 
It with the state 
ountry convince . 
hich I adopted 
hat completely 
in favour of the 
can I doubt. 



LORD DURHAM'S REPORT. 



33 



(\-oni the tmvnr^ing evidence that 1 have 
received from all persons who have re- 
cently travelled through iht! frontier states 
of tho Union, that there hardly exists, at 
the present moment, the slightest feeling, 
which can properly be called sympathy. 
Whatever aid tho insurgents have re- 
cently received from citizenu of the U. 
States, may either be attributed to those 
national animosities which are the too 
{i\i'.\: result of past wars, or to those un- 
disguised projects of coinjuest and' ra- 
pine which, since the invasion.of Texas, 
find but too much favor among the daring 
population of the frontiers. Judging 
from tho character and behaviour of the 
Americans most prominent in the recent 
aggressions on Upper Canada, they seem 
to have been produced mainly by the 
latter cause ; nor does any cause appear 
to have secured to the insurgents of 
Lower Conada any very extensive aid, 
exce|)t that in money and munitions of 
war, ot which tho source cannot very 
clearly be traced. Hardly any Ameri- 
cans took part in the recent disturbances 
in Lower Canada. Last year tho out 
break was the signal for numerous public 
meetings in the great cities of the frontier 
states, from Buifalo to New- York. At 
these the most entire sympathy with tho 
insurgents was openly avowed ; large 
subscriptions were raised, and volunteers 
invited to join. Since the last outbreak 
lu) such manii'estations have taken place. 
The meetings which tho Nelsons and 
others have attempted in New- York, 
Pluladelj)hia, Washington and elsewhere, 
have ended in comj)lete failure, and, at 
the present moment, there does not exipt 
the slightest indication of any sym.pathy 
wuh the oljjects of the Lower Canadian 
insurgents, or of any desire to co-operate 
with them for political purposes. The 
danger, however, which may be appre- 
hended from the mere desire to repeat 
the scenes of Texas in tho Canadas, is a 
clangor from which we cannot be secure 
while the disaffection of any considerable 
portion of tho population continues to 
give an appearance of weakness to our 
E 



government. It u in vain to expect tliat 
such attempts can wholly bo re[)r(;ssed 
by the federal gov(!rnment; or that tlu-y 
could even bo effectually counteracted 
by the utmost exertion of its authority, if 
any sudden turn of affairs should again 
revive a strong and general sympathy 
with insurrection in Canada. Without 
dwelling on tho necessary -weakness of a 
merely federal government — without ad- 
verting to the diilicuity which authorities, 
dependent for their very existence on the 
popular will, find in successlully resisting 
a general manifestation of ptdilic feeling 
the impossibility which any government 
would Mild in restraining a population 
like that which (ivvclls along tho thou- 
sand miles of this frontier, must be obvi- 
ous to all who reflect on the difficulty of 
maintaining the police of a dispersed 
coiTununity. 

Nor is this danger itself unproductive 
of feelings, which are in their turn calcu- 
lated to produce yet further mischief. 
Tho loyal people of Canada, indignant 
at the constant damage and terror occa- 
sioned by incursions from the opposite 
shore, naturally turn their hostility against 
the nation and the government which 
permit, and which they accuse even of 
conniving at the violation of international 
law and justice. Mutual recriminations 
are bandied about from one side to the 
other; and the facilities of iruercourse 
which keep alive the sympathy between 
portions of the two populations, afford at 
the same time occasions for the collision 
of angry passions and national anti])athies. 
The violent party pnpers on each side, 
and the various bodies whose pecuniary 
interests a war would promote foment the 
strife. A large portion of each popula- 
tion endeavours to incite its own govern- 
ment to war, and at the same time la- 
bours to produce tlie same result by irri- 
tating the national feelings of the Cana- 
dian press ; and every friendly act of the 
American people or government appears 
to be systematically subjected to the most 
unfiivourable construction. It is not only 
to be apprehended that this mutual sus- 



34 



LORD DURHAM'S REPORT. 



piclon and disllko may bo brought to a 
head by acts of mutuiil reprisals, but that 
the ofticers of the respective governrnenla, 
in despair of preserving peace, may take 
little care to prevent the actual com- 
mencement of war. 

Though I do not believe that there 
ever was a time, in which the specific 
relations of the two countries r ndered it 
less likely that the U, S. would imagine 
that a war with England could promote 
their own interests, yet it cannot be 
doubled that the disturbed state of the 
Canadas is a serious drawback on tho 
prosperity of a great part of the Union. 
Instead of presenting an additional field 
for their commercial enterprise, these 
provinces, in their present state of disor- 
der, are rather a barrier to their indus- 
trial energies. The present state of 
things also occasions great expense to the 
federal government, which has been un- 



der the necessity of largely augmenting 
its small army, on account chiefly 
troubles of Canada. 



ly of the 



Nor must we forget that, whatever 
assurances and proofs of amicable fee^'-^g 
we may receive from tho government of 
the U. S., however strong r2ay bo the ties 
of mutual pacific interests that bmd the 
two nations together, there are subjects 
of dispute which may produce less 
friendly feelings. National interests are 
now in {question between us, of which 
the immediate adjustment is demanded 
by every motive of policy. These inte- 
rests cannot be supported with the neces- 
sary vigour while disafTection in a most 
important part of our North American 
possessions appears to give an enemy a 
certain means of inflicting injury and hu- 
miliation on the empire. 

But the chances of rebellion or foreign 
invasion are not those which I regard as 
either the most probable or the most in- 
jurious. The experience of the last two 
years suggests the occurrence of a much 
more speedy and disastrous result. I 
dread, in fact, the completion of the sad 
work of depopulation and impoverish- 
ment which is now rapidly going on. 



The present evil is not merely that im» 
provement is stiiycd, and that the wealth 
and population uf these colonies do not 
increase according to the rapid scale of 
American progress. No accession of 
population takes place by immigration, 
and no capital is brought into tho coun- 
try. On tho contrary, both the people 
and the capital seem to be quitting tlicso 
distracted provinces. From the French 
portion of Lower Canada there h"<i, for 
a long time, been a large annual emigra- 
tion of young men to the northern slates 
of the American Union, in which they 
are highly valued as labourers, and gain 
good wages, with their saving from which 
they generally return to their homes in a 
few months or years. I do not believe 
that the usual amount of this emigration 
has been increased dunng the last year, 
except by a few persons prominently 
compromised in the insurrection, who 
have sold their property, and made up 
their minds to a perpetual exile ; but I 
think there is some reason to believe that, 
among the class of habitual emigrants 
whom I have described, a great many 
now take up a permanent residence in 
the United States. But the stationary 
habits and local attachments of the French 
Canadians render it little likely that they 
will fjuit their country in great numbers. 
I am not aware that there is any diminu- 
tion of the British population from such 
cause. The employment of British ca- 
pital in U. C. is not materially checked 
in the principal branch of trade ; and the 
main evils are the withdrawal of enter- 
prising British capitalists from the French 
portion of th-^ country, the diminished 
employment of the capital now in the 
province, and the entire stoppage of all 
increase of the population bv immigra- 
tio ;. But from Upper Canada the with- 
drawal both of capital atid of population 
has been very considerable. I have re- 
ceived accounts from most respectable 
sources of a very numerous emigration 
from the whole of the western and Lon- 
don districts. It was said by persons 
who professed to have witnessed it, that 



merely that im- 
I that x\,o wealth 
coloniob do not 
le rupid sculu oi* 
() accession of 
by immigration, 
it into the coun- 
both the people 
be (]uittin<^ these 
rom the French 
la there h^i, for 
3 annual emigra- 
northorn states 
, in which they 
mrers, and gain 
iving from which 
their homes in a 
do not believe 
' this emigration 
g the last year, 
jns prominently 
3urrection, who 
y, and made up 
ual exile ; but I 
n to believe that, 
bitual emigrants 
, u great many 
nt residence in 

the stationary 

Its of the French 

likely that they 

great numbers. 

; is any diminu- 

ation from such 

t of British ca- 

terially checked 

trade ; and the 

Irawal of enter- 

from the French 

the diminished 

ital now in the 

toppage of all 
on bv immigra- 
Janada the with- 
d of population 
)le. I have re- 
ost respectable 
rous emigratioir 
stfrn and Lon- 
lid by persons 
itncssed it, that 



LORD DURHAM'S REPORT. 



35 



♦ considerable numbers had, for a long 
time, daily passed over from Amhersl- 
hurgh to Detroit; and a most respectable 
informant stated that he had seen, in one 
of the districts which 1 have mentioned, 
no less than 15 vacant farms together on 
the road side. A body of the reforming 
party have avowed, in the most open 
manner, their intention of emigrating 
from political motives, and publicly invi- 
ted all who might be influenced by simi- 
lar feelings to join in their enterprise. 
For this the Mississippi Emigration Soci- 
ety has been formed, with the purpose of 
facilitatmg emigration from Upper Cana- 
da to the new territory of the Union, 
called Iowa, on the west bank of the 
Upper Mississippi. The prospectus of 
the undertaking, and the report of the 
deputies who were sent to examine the 
country in question, were given in the 
public press, and the advantages of the 
new colony strongly enforced by the Re- 
formers and depreciatingly discussed by 
the friends of the government. The 
number of persons who have thus emi- 
grated is not, however, I have reason to 
believe, as great as it has often been re- 
presented. Many who might be dispo- 
sed to take such a step, cannot sell their 
farms on fair terms ; and though some, 
relying on the ease with which land is 
obtained in the U. S., have been content 
to remove merely their stock and their 
chattels, yet there are others again who 
cannot at the last make the sacrifices 
which a forced salo would necessitate, 
and who continue even under their pre- 
sent state of alarm to remain in hopes of 
better times. In the districts which bor- 
der on the St. Lawrence little has in fact 
come of the determination to emigrate, 
which was loudly expressed at one time. 
And some even of those who actually 
left the country are said to have return- 
ed. But the instances which have come 
to my knowledge induce mo to attach 
even more importance to the class than 
lo the alleged number of the emigrants ; 
and I can by no means agree with some 
of the dominant party, that the persons 



who thus leave the country are disaffect- 
ed subjects whose removal is a great ad- 
vantage} to loyal and peaceable men. In 
a country like Upper Canada, where the 
introduction of population and capital is 
above all things needful for its prosperity, 
and almost for its continued existence, it 
would be more prudent as well as just, 
more the interest as well as the duty of 
government to remove the causes of dis- 
alfection, than to drive out the disaffected. 
Uul there is no ground for asserting that 
all the reformers who have thus quitted 
the country are disloyal and turbulent 
men ; nor indeed is it very clear that all 
of them are reformers, and that the in- 
creasing insecurity of person and prop- 
erty have not, without distinction of pol- 
itics, driven out some of the most valu- 
able settlers of the province. A great 
impression has been lately made by the 
removal of one of the largest proprietors 
of the province, a gentlemen who arrived 
there not many years ago from Trinidad, 
who has taken no prominent, and certain- 
ly no violent part in politics, and who has 
now transferred himself and his property 
to the United States, simply because in 
U. Canada he can find no secure invest- 
ment for the latter, and no tranquil en- 
joyment of life. I heard of another 
English gentleman, who, having resided 
in the country for six or seven years, and 
invested large sums in bringing over a 
superior breed of cattle and sheep, was, 
while I was there, selling off his stoclj/^ 
and implements, with a view of settling 
in Illinois. I was informed of an indivi- 
dual who, thirty years ago, had gone into 
the forest with his axe on his shoulder, 
and with no capital at starting had, by 
dint of patient labour, acquired a farm 
and stock, which he had sold for <€2,000, 
with which he went into the U. States. 
This man, I was assured, was only a 
specimen of a numerous class to whose 
unwearied industry the growth and pros- 
perity of the colony are mainly to be as- 
cribed. They are now driven from it, 
on account of'^the present insecurity of all 
who, liavjng in former times been identi- 



30 



LOUD DURHAM'S REPOirr. 



fioJ in politics Nvitli sorno ol' tlioso tliiit 
«ub8i'(juciilly iipjH'ured as prominent iic- 
torn in tlio revolt, are regarded nnd treiit- 
cd us rehelH, though they hud held tlieiii- 
selvea completely uloot' I'roin uU partiei- 
pation ill schemes or ucta of rehtjiliori. 
Coiisidoruble ulurm also exists us to thu 
general disposition to (juit the country, 
which was said to have hecn produced hy 
aomo lute mcasiuos of the authorities 
among that mild and industrious, but pe- 
culiar race of descendants of the Dutch, 
who inhabit iho back part of the Niagaru 
district. 

Such arc tho lamentable results of tho 
political and social evils which have so 
long agitated tho Canadas ; and such is 
their condition that, at the piesent mo- 
ment, we arc called on to take immediato 
precautions against dangcis so alarming 
as those of rebellion, foreign invasion, 
and utter exhaustion and depopulation. 
When I look on the various and deep- 
rooted causes of mischief which the paat 
incpiiry has pointed out as existing in ev- 
ery institution, m tho constitutions, and 
in the very composition of society 
throughout a great part of these provin- 
ces, I almost shrink from the apparent 
presumption of gra|ipling with these gi- 
gantic didlculties. Nor shall I attempt 
to do so in dt.uail. I rely on the cHicacy 
of reform in the constitutional system by 
which these colonies are governed, for 
the removal of every abuse in their ad- 
ministration which defective institutions 
have eiigendeix'd. If a system can bo 
devised which shall lay in these countries 
tho foundation of an efficient and popular 
government, ensure harmony, in place 
of collision, between tho various powers 
of the stale, and bring tho influence of a 
vigorous public opinion to bear on every 
detail of public affairs, we may rely on 
sufficient remedies being found for the 
present vices of the administrative sys- 
tem. 



, Defects and Rkmkdies. 

The preceding jiagcs have sufricienlly 
pointed out the nature of those evils, to 



the extensive operation of which, I at» 
tribute tlu! various practical grievances, 
and tho j)resent unsatisfactory condition 
of the North American Colonies. It isi 
not by weakening, but strengthening thoi 
influence of the pcMipIo on its govern* 
mnnt; by confining within much lairrow 
er bouiufrt than those hithiMto allotted to 
it, and not by extending tho intt.rferenco 
of the Imperial authorities in the detailt) 
of colonial ufliiirs, iliat I believe that har- 
mony is to by restored, where dissension 
has so long prevailed ; uiid a regularity 
and vigor hitherto unknown, introduced 
into the administration of these provin- 
ces. It needs no change in tho principles 
of government, no invention of a new 
constitutional theory, to supply the reme- 
dy which would, in my opinion, com- 
pletely remove the existing political tlis- 
orders. It needs but to fiillow out con- 
sistently the principles of the IJritish 
constitution, utid introduce into the gov- 
ernment of those great colonies, those 
wise provisions, by which alone the work- 
ing of the representative system can in 
any country be rendered harmonious and 
efficient. VVe are not now to consiiler 
the pnlicy of establishing representative 
government in the North American colo- 
nies. That has been irrevocably done ; 
and the experiment of depriving tlu p(!o- 
ple of their present constitutional pt. ^r, 
IS not to be then thought of. Tu con- 
duct their government harmoniously, in 
acconlaiice with its eslabliished princi- 
ples, is now the business of its rulers ; 
and 1 know not how it is possible to sc- 
cuie that harmony in any other way than 
by administering tlu; government on 
those principles which have been found 
])erfectly ellicacious in (Ireat J^rilaiii. [ 
would not impair a single prerogative of 
the Crown ; on the contrary 1 believe 
that the interests of the people of these 
colonies recjuire the p/otection of prero- 
gatives which have not hitherto been ex- 
ercised. I)Ut the crown must, on tho 
other hand, submit to the nocessarv con- 
se(|ucnces ol rcprescuitalive institutions; 
and if it has to carry on the government 



''1 



r.OIll) DLfllHAM'S UK PORT. 



if wliich, i at- J 
III gricvuiic(>s, j 
itory cdiiditioi) i 
'oloiiitJH. It 19/ 
.'IlgtluMlitlff tlioi 

»n il9 govi'in- 
mudi murow-' 
itu utli)ticil to\ 
ho intc.'i'I't'fL'iifo ( 
ill thu ilctaili) I 
•lii've tliiit lim- 
loro c'isserision , 
id a r('j:;iilarity 
^'11, itilroduci'ii 
those provin- 
1 the priiiciplea 
lion of a now 
|)ply the retne- 
opiiiion, com- 
u; political dis- 
iillow out con- 
f the IJrltish 
3 into the gov- 
Dolonie.s, tliose 
ihiiie the work- 
system can in 
arrnonious and 
)W to consiiler 
presentativo 
ni^rican C(»lo- 
ocaljly done ; 
ving th(- peo- 
tional pc. ,cr, 
1 u con- 
in'inioijsly, in 
bhod piinci- 
of itj rulers ; 
ssible to se- 
er way than 
irnnienl on 
buL'n found 
It l^ritain. F 
rerogalive of 
i-y 1 lielleve 
)plu of those 
lion of proro- 
■rto been ex- 
niist, on the 
}cossarv con- 
inslilutioiis; 
tjovernment 



I 

i 






in unison with a r«>prcsoiitati\o hody, it 
must con.Hont to carry u on by fneuiis of 
those in whom that re^tresonlative body 
haH rontidence. 

In hlnghmd, this i)rinciph' has been so 
long consid"red an indisputable ami es- 
Hontial part of our coiMtitulion, that it 
has really hardly ever been found necos- 
Kiiry to in<|uiro into the means by which 
its observance is enlbrceil. When a min- 
istry ceases to command a majority in 
Parliatnent on great (juestions of policy, 
its ilooni is immediately sealed ; and it 
would appear to us as strange to attempt, 
for any time, to curry on a government 
by means of ministers perpetually in a 
minority, as it would bo to puss laws 
with a majority of votes against them. 
The iinciont constitnliotud remedies by 
impeachment and a stopnnge of the sup- 
lies, have never, since the reign of Wil- 
liam 111., been brought into operation for 
the purpose of removing t^ ministry. 
They have never boon called for, bo- 
cause, in fa«jt, it has been the habit of 
ministers rather to anticipate the occur- 
rence of an absolutely hostile vote, and 
to retire, when supported only by a bare 
and uncertain majority. If Colonial Le- 
gisliitures have frecjuently stopped the 
supplies, if they have harassed public 
servants by unjust or harsh impeach- 
ments, it was because the removul of an 
unpopular administration could not be ef- 
tected ill the colonies by those milder in- 
ilttations of a want of confidence, which 
have always suiliced to attain the end in 
l)ie mother country. The means which 
have occasionally been proposed in the 
colonies themselves appear to rno by no 
niuaiis calculated to attain the desired 
end in the best way. These proposals 
iii(Jicatc such a want of reliance on the 
willingness of the Inij)erial government 
to aci|uiesce in the adoption of a better 
system, as, if warranted, M'ould render 
lui hiirmonious adjustment of the difloretit 
powers of the state utterly ho[)eloss. An 
elective exoculive council would not only 
be utterly inconsistent with monaichical 
government, but would really, under the 



nominal niithority of the crown, dcprivo 
the community of one of the great ad* 
vantages of un hereditary monarchy, 
lilvery jnirposo of [lopular control might 
be combini d with every advantage of 
vesting the immediate choice of advisors 
in the ('lown, were the colotiial gover- 
Jior to be instructed to secure the co-ope- 
ration of the House of Assembly in his 
policy, by entrusting its administration to 
such men as could command a majority; 
and if he wore given to understand that 
lie need count on no aid from homo in 
any dilfereneo with the Assembly, that 
should not directly involve the relations 
between th(! mother country and the co- 
lony. This change might be effected by 
a single despatch containing such Instruc- 
tions ; or if any legal enactment wore re- 
(|uisite it would only be one that would 
render it necessary that the olFicial acts 
of the governor should bo countersigned 
by yome public functionary. This v.'ould 
induce responsibility for every act of the 
government, and, as a natural conse- 
tiuence, it would necessitate the substitu- 
tion of a system of administration, by 
means of competent heads of depart- 
ments, for the [)resent rude machinery of 
an executive council. The governor, if 
he wished to retain advisers not possess- 
ing the confidence of the existing Asseni- 
bly, might rely on the effect of an appeal 
to the people, and, if unsuccessful, ho 
might be coerced by a refusal of the sup- 
plies, or his advisers might be terrified by 
the prospect of impeachment. But there 
can bo no reason for apprehending that 
either party would enter on a contest, 
when each would find its interest in the 
maintenance of harmony ; and the abuse 
of the powers which each would consti- 
tutionally possess, would cease when the 
struggle for larger powers became unne- 
cessary. Nor can I conceive that it 
would be found impossible or difhcult to 
conduct a colonial government with pre- 
cisely that limitation of the respective 
powers which has been so long and so 
easily maintained in Great Britain. I 
know it has been urged, that the princi- 



38 



LORD DURHAM'S REPORT. 



pies which are productive of liarmony 
and good government in the mother coun- 
try, are by no means appHcable to a colo- 
nial dependency. It is said that it is ne- 
ces«ary that the administration of a colo- 
ns should be carried on by persons no- 
minated witliout any reference to the 
wishes of the people; that they have to 
carry into effect the policy, not of that 
people, but of the authorities at home ; 
and that a colony which should name all 
its administrative functionaries, would, in 
fact, cease to be dependent. 1 admit 
that the system which 1 propose would, 
•n fact, place flie interna! government of 
the colony in t: o hands of the colonists 
themselves; and that we should thus 
leave to them the execution of the laws, 
of which we have long entrusted the 
vin>.\kng solely to them. Perfectly aware 
of Ui'^ value of our colonial possessions, 
a',:l strorgly impressed with the necessity 
of u)aintainmg our connection vvilh them, 
I knew nrt in what respect it can be de- 
sirabin that we should interfere with their 
intern'! legislation in matters which do 
«ot i'.ffict their relations with the mother 
couiitry. The matters, which so concern 
us, anj very few. The constitution of 
tlic form of governirent — the regulation 
of foreign relations, and of trade with 
the mother country, the other British co- 
ioriies, and foreign nations — and the dis- 
posal of the public lands, are the only 
points on which the mother country re- 
quires a control. This control is now 
sufficiont'y Fecured by the authority of 
the Imperial Legislature ; by the protec- 
tion which the colony derives from us 
against foreign enemies ; by thf beneficial 
t^rins v/hich our laws secure to its :rade ; 
and by its share of the reciprocal benefits 
which would be conK: red by a wise sys- 
tem of colonization. A perfect subordi- 
nation, on the part of the colony, on these 
poi'i:;, is secured by the advantages 
wluc'' it finds in the continuance of its 
connection with the empire. It certainly 
is not strengthened, but greatly weaken- 
ed, by a vexatious interference, on the 
part of the home government, with the 



enactment of laws for regulating the in- 
ternal concerns of the colony, or in the 
selection of the persons entrusted with 
their execution. The colonists may not 
aUvays know what laws are best for 
them, or which of their countrymen are 
the fittest for conducting their affairs; 
but, at least, they have a greater interest 
in coming to a right judgment on these 
points, and will take greater pains to do 
:o than those whose welfare is very re- 
motely and slightly affected by the good 
or bad legislation of these portions of the 
empire. If the colonists make bad laws, 
and select improper persons to conduct 
their affairs, they will generally be the 
only, always the greatest, sufferers; and 
like the people of other countries, tLey 
must bear the ills which they bring on 
themselves, until they choose to i ^ ,Jy the 
remedy. But it suroly cannot be the 
duty or the interest of Great Britain to 
keep a most expensive military posses- 
sion of these colonies, in order that a 
governor or secretary of state may be 
able to confer colonial appointments on 
one rather than another set of persons in 
the colonies. For this is really the only 
question at issue. The slightest acquaint- 
ance with these colonies proves the fal- 
lacy of the common notion that any con- 
siderable amount of patronage in them is 
distributed among strangers from the 
mother country. Wiiatever inconveni- 
ence a constant frequency of changes 
among the holders of office may produce, 
is a necessary disadvantage of free gov- 
ernment, which will be amply coi.ipensa- 
ted by the perpetual harmony which the 
syetom must produce between the people 
and its rulers. Nor do 1 fear that the 
character of the public servants will, in 
any respect, suffer from a more popular 
tenure of office. For I can conceive no 
system so calculated to fill important 
posts with inefficient persons as the pre- 
sent> in which public opinion is too little 
consulted in the original appointment, and 
in which it is almost impossible to re- 
move those who disappoint the expecta- 
tions of their usefulness, without inflict- 



LORD DURHAM'S REPORT. 



39 



gulating tlie in- | 
3lony, or in llie ' 
entrusted with i 
lonists may not 1 
3 are best for 
;ountrymen are 
» their affairs; 
greater interest 
jTient on these 
Iter pains to do 
fare is very re- 
ad by the good 
I portions of the 
make bad laws, 
QMS to conduct 
enerally be the 
;, snfTerers; and 
countries, tLey 
they bring on 
ose to I ^ jvly the 
cannot be the 
rreat Britain to 
military posses- 
n order that a 
if state may be 
ppointments on 
t of persons in 
really the only 
ghtest acquaint- 
proves the fal- 
n that any con- 
nage in them is 
o-ers from the 
ver inconveni- 
of clianges 
e may produce, 
ojc of free pjov- 
iply coi.ipensa- 
lonv which the 
•een the people 
fear that tho 
rvants will, ia 
more popular 
an conceive no 
fill important 
ns as the pro- 
ion is too little 
pointment, and 
possible to re- 
t the expecta- 
without inflict- 






■I 
hi 



iig a kind of brand on their capacity or 
integrity. 

1 am well aware that many persons, 
both in the colonies and at home, view 
the system which [ recommend with 
considerable alarm, because they distrust 
the ulterior views of those by whom it 
was originally proposed, and whor flrey 
suspect of urging its adoption, wuh tlic 
intent only of enabling them more easily 
to subvert monarchical institutions or as- 
sert the independence of the colony. I 
believe, however, that the extent to which 
these ulterior views exist, has been great- 
ly overrated. We must not take every 
rash expression of disappointment as an 
indication of a settled aversion to the ex- 
isting constitution ; and my own obser- 
vation convinces me, that the predomi- 
nant feeling of all the English population 
of the North American colonies is that of 
devoted attachment to the mother coun- 
try. I believe that neither the interests 
nor the feelings of tho people are incom- 
patible with a colonial government, wise- 
ly and popularly administered. The 
proofs, which many who are much dis- 
satisfied with the existing administration 
of the Government have given of their 
loyalty, are not to be denied or over- 
looked. The attachment constantly ex- 
hibited by the people of these provinces 
towards the British Crown and Empire, 
has all the characteristics of a strong na- 
tional feeling. They value the institu- 
tions of their country, not merely from a 
sense of the practical advantages which 
they confer, but from sentiments of na- 
tional pride ; and they uphold them the 
more, because they are accustomed to 
view them as marks of their nationality 
which distinguish them from t' «ir repub- 
lican neighbours. I do not mean to af- 
firm that this is a feeling which no impo- 
licy on the part of tho mother country 
will be unable to impair; but I do most 
confidently regard it as one which may, 
if rightly appreciated, be made the link 
of an enduring connection. The British 
people of the North American colonies 
are a people on whom wo may safely 



rely, and to whom we must not grudge 
power. For it is not to the individuals 
who have been loudest in demanding the 
change that I propose to concede the res- 
ponsibility of the colonial adminisliution, 
but to the people themselves. Nor can 
1 conceive that any people, or any con- 
siderable portion of a people, will view 
with dissatisfaction a change which would 
amount simply to thia, that the Crown 
would henceforth consult the wishes of 
the people in the choice of its servants. 
The important alteration in the policy of 
the colonial government which I recom- 
mend, might be wholly or in great part 
effected fur the present by the unaided 
authority of the Crown; and I believe 
that ibe great mass of the discontent in; 
U. C. which is not directly connected 
with personal irritation, arising out of the 
incidents of the late troubles, might lyo 
dispelled by an assurance that the gov- 
ernment of the colony should henceforth 
be carried on in conformity with the 
views of the majority in the Assembly. 
But I think that for the well being of the 
colonies, and the security of the mother 
country, it is necessary that such a change 
should be rendered more permanent than 
a momentary sense of the existing dififi- 
culties can ensure its being. I cannot 
believe that persons in power in this coun" 
try will be; restrained from the injudicious 
interference with the internal manage- 
ment of these colonies, which I depre- 
cate, while they remain the petty and di- 
vided communities which they now are. 
The public attention at home is distracted 
by the various and sometimes contrary 
complaints of these different contiguous 
provinces. Each now urges its demands 
at different times, and in somewhat dif- 
ferent forms, and the interests which 
each individual complainant represents as 
in peril, are too petty to attract the due 
attention of the empire. But if these im- 
portant and extensive colonies should 
speak with one voice, if it were felt that 
every error of our colonial policy must 
cause a common suffering and a common 
discontent throughout the whole wide ex- 



40 



LORD DURHAM'S REPORT. 



tent of British America, those complaints 
would never be provoked ; because no 
aiilhority would venture to run counter 
to the wishes of sucii a community, ex- 
cept on points absolutely involving the 
fev/ imperial interests, which it is neces- 
sary to remove from the jurisdiction of 
colonial legislation. 

It is necessary 'hat T should also re- 
commend wliat appears to me an essential 
limitation on the present powers of the 
representative bodies in these colonies. 
I consider good government not to be 
attainable while the present unrestricted 
powers of voting public rponey and of 
managing the local expenditure of the 
community, are lodged in the hands of an 
Assembly. As long as a revenue is rais- 
ed, which leaves a largo -urplus after the 
payment of the necessary expenses of the 
civil government, and as long as any 
member of the Assembly may, without 
restriction, propose a vote of public mo- 
ney, so long will the Assembly retain in 
its hands the powers which it everywhere 
abuses, of misapplying that money. The 
prerogative of the Crown which is con- 
stantly exercised in Ixreat Britain for the 
real protection of the people, ought never 
to have been waived in the colonies ; and 
if the rule of the Imperial Parliament, that 
no money vote should be proposed with- 
out the previous consent of the crown, 
were introduced into these colonies, it 
might be wisely employed in protecting 
the public interests, now frequently sacri- 
ficed in that scramble for local appropria- 
tions, which chiefly serves to give an un- 
due influence to particular individuals or 
parties. 

TJip establishment of a good system of 
'.liunicipal institutions throughout these 
provinces is a matter of vital importance. 
A general legislature, which manages the 
private business of every parish, in addi- 
tion to the common business of the coun- 
try, wields a power which no single body, 
however popular 'n its constitution, ought 
to have ; a power which must be destruc- 
tive of any constitutional balance. The 
true principle of limiting popular power 



is that apportionment of it in many difier- 
ent depositaiies, which has been adopted 
in all the most free and stable states of the 
Union. Instead of confiding the whole 
collection and distribution of all the reve- 
nues raised in any country for all general 
and local purposes to a single representa- 
tive body, the power of local assessment, 
and the application of the funds arising 
from it, should be entrusted to local man- 
agement. It is in vain to expect that this 
sacrifice of power will be voluntarily 
made by any representative body. The 
establishment of municipal Institutions for 
that whole country should be made a part 
of every colonial constitution; and the 
prerogative of the Crown should be con- 
stantly int(!rposed to check any encroach- 
ment on the function of the local bodies, 
until the people shou'd become alive, as 
most assuredly they almost immediately 
would be, to tho necessity of protecting 
their local privileges. 



The Union. 
Tho l-^nion of tlie two Pniviiu'PS wniiM soc'ire to 
llfV'T Caimrlii tlio ]irpsoiit groat olijoct of its dosirc. 
All (lis[mlcs IIS to till! ilivisioii or amount of tlie re- 
vemio would ooivso. Tho sni'iiiiis rovoiiue of Low- 
er Cauiiria Would supfily tlin dcfK-ioiicy of ilmi part 
<»!' tho lippor I'roviiiro, mid iho I'lovinco thus ]>!»• 
cod lii'joiid tho possibiUty of locally jobbiiiir the 
suriihis roveiiuo, wh'n.li it camiot rcdiiio, woidd, I 
think, gain n's Miich l>y tho arraiigoinont aa tho I'ro- 
vinno, wtiich would thus find a moans i>f payiiiir the 
intori'st of its dobt. Iiidood it would bo by no 
iiioaiH unjust to phico this burden on Lowor C'ana- 
dii, iniisiiiuch ns the puhho. works for which tho 
debt was coniiaclod aro as much the I'oncorn of 
on(< I'rovince as of the olhor. Nor is it to be sup- 
posed that, wbatovor may havo boon tin; niisnmii- 
agomont, in which n great [inrt of the dobt origi- 
nated, tlie canals of U])[)or Canaila will always be 
a source nf loss, instead of profit. Tho ccmple- 
tioii of tho prqjecleil and m^cossary lino of public 
works would bo | roiiiotod l/y such an union. The 
access to I ho sea uoiild bo socurcd to Upper C'anu- 
i''i. 'J'lu^ saving of public inoiiey which would bo 
insurei! by the rnion of various ostabli^hmonls in 
tho two I'rovinco.'!, would supply the mi'ans of con- 
ducting the gonoral improvomeiit on a iiioio olti- 
cieut scale than il has yet been carried on. And 
tho responsibility of the executive would ho secur- 
ed by tho increased woiglit which tho represeiita- 
tivo hody of the united province would bring to 
bear on the Imperial Ciovornnient ami l^egislature. 
Hut while I cbnviiici! myself that such desirable 
ends would be secured bv the legislative union of 



LORD DURHAM'S REPORT. 



41 



t in many differ- 
as boeii ado))ted 
able stales ot'tlie 
iding the whole 
1 of all the leve- 
'y for all general 
ngle repieseiita- 
ocal assessment, 
he funds arishig 
:ed to local man- 
expect that tliis 
be voluntarily 
ive body. The 
il Institutions for 
J be made a part 
ution ; and the 
I should bo con- 
:k any encroach- 
tlie local bodies, 
become alive, as 
ost immediately 
ity of protecting 



PS wnuld snc'irc to 
objocf. ot'its (k'sire. 

amount of tho re- 
is rc'votiue nf Low- 
iciciicy of lliiu part 

I'loviticc thus l>ltt- 
lociilly johbiiic tlie 
t rcfliu'c, wiiiikl, I 
gcmctit iia tlio I'lD- 
niciins (>f']);iy'iifr the 
it would 1)1' liy no 
Ion on Lower t'iiMii- 
irlis for whirh llic 
eh tho I'onciM'fi of 
Nor is it to be sup- 

bri'ii thi; niisniiin- 
t of till' debt origi- 
nada will always be 

lit. Tho cctnple- 

iiry lino of public 

ucb an union. The 

cd to I'ppcr f 'ami- 

'y whii li would bo 

s fstabli«hnii'nl.s in 

ly till' ini'uns of con- 

it'Ut on n niori' I'lli- 

u ciinii'd on. And 

iv(' would bo si'ciu- 

ic-h tho re|)rL'soutii- 

icu would Ijring to 

nt and Lugislnturr. 

that surli dosirable 

Ic'irislative union fi4' 



tHo two Provincns, I am inrlincd to po further, and 
enquire whi'thcr all tboxe objoits woidd not more 
suii'ly be altainod by cxlciidini; this Icpiilaiivo 
union over nil tlio J{^iti^■.h I'luvinrcs in .North Ame- 
rica; and whether the ailvantuf,'! s whirh 1 nniici- 
jiale for two of llieni mi;lit not, and should not, in 
justice be oxietided over all Such nn utdon woidd 
at once decisively settle ihe ijiieslien of races ; it 
Would enable all the provinces to co-opei,ito fur 
common purposes, ami, above all, it would form a 
ffreat and jiowerful people, ])osse99iiis; the nienris 
of PiM'uring' irood niifl resjionsiblo fiovernnient (or 
itself, and which, under the protection of the Hrit- 
isli eiiipii'e, niiijlu in soiu(! measure counterbalance 
the prepondenirt and increasim^ iiilnienco of the 
United Stales on the American roniinrnt. I do 
not anticipate that a Colonial Le;:i<!ature thus 
s'roni: and thus self-povertiiiii; would desire to aban- 
don the coiinixion with (Jreat Uiilain. Ui) tlio 
contrary, J bi'lieve that the practical reliel from 
undue interference which would be the result of 
(iiicli a c,liaMf;o woultl stnnL'lben the present bond 
of fetdinjrs and inierests; and that the coiuicction 
would only biM^enie more; durable icid H(iy«Mta!:eous, 
bv having; more ot' ccpiality, of fridlom, and of 
local inde)ienib'iice. Jiutal any rate, our first duly 
J.' to secure the well bein^- of our coloni il ciuiutry- 
iiien, and if in the hidflen decrees of thnt *\ isdoai 
by whicli the world is ruled, it is written, that 
these countries are not for ever to reuiiiin poilioiiii 
of the empire, we owe it to our luuiour to t:ikf 
good earc that, when they separnte from us, ihey 
should not be the only ccaintries on the Aiiiericnn 
continent in which th' An<{!o-Saxon race shall be 
found unlit, to povern itself. 

1 am, in truth, so far iVom believinu that t',e in- 
creased power and woiijht that would be eiven to 
these colonies by union would endaiiijer tluur con- 
nection with tho empire that 1 look to it as tho 
only meuiis of fostering such a national feeling 
throughout them as would efl'ei;tually counterbal- 
ance whatever tendencies may now exist towards 
i»iipiir'ition. No larsro community of free and in- 
tellii^ent men will lonp feel coiuented with a poli- 
tical system which jilaces them, because it places 
tlieir country, in a ])ositioii of infeiiority to their 
jiei:,dibours. The colonist of Great Britain is 
linked, it is true, to a iniphly empire; and the glo- 
rii's ot its history, the visible signs of its present 
power, and the civilizalicui of its jieople, are calcu- 
lated to laise and gratify his national jtride. Hut 
bn feels alst) that his link to that empire is one of 
remote dependence; ho catches but (lassins,' and 
iiiadeipiate glimpses of its power and ])rosperity; 
bo knows that in its povurnmeiit he and his own 
countrymen hav(> no voice. While his neighbour, 
on the other side of the froiilier, assumes iinpor- 
tanci% from the notion that his vole exerciser 
SOUK! iiilluence on the c( uncils, and that he himself 
has some share in the onward protj'css of a mit;hty 
inticMi, the colonist I'eels the deadening iiilluence of 
the iKirrow and subordinate community to wlii'-h 
he belongs. In his own, and in the surrounding 
wolonies, ho finds pcttr object* • occupying pettj, 

F 



stationary, ariil divided socictici ; niid it is only 
when the chances of an uncertain and tardy coni- 
municalion briuD; uilellii,cnce of what has passed 
a nionl.h before on the other side the Atlantic, that 
he is reminded of tiie empire with which ho is 
connected. Hut the iiilluence of the United States 
surrounds li'm on every side, and is for ever pre- 
sent. It extends itself as pojiulation aui;tncnt» 
and intercourse increases; it jienetrates every por- 
tion of the continent into which the restless sjuiit 
of American sjieculation impels tho settler or tlia 
trader. It is fell in all the triuisactiuns of com- 
merce, from the important operations of the mone- 
tary system down to the minor details of ordiieiry 
tratlic. It stamps on all the habits and opiiiioiiB 
of the tsrroiindinir coimtrii's tho common charaC' 
teristi('s of the tlioughls, I'eelings, and customs of 
tb ^nn'ri( an people. .Sui h is necessarily the in- 
ibience which a i;rent nation exercises on the small 
cnmmiinilieg which surround it. Its thoughts and 
niamiers siibjiitrate them, even wlicn nmiiinally iii- 
depeiideiil of its authority. If we wish to prevent 
the extension of ibis iiilliieiice, it can onlv be done by 
rai>iiigup for iIk; N. A. colonist some nationaliiy of 
his o« 11 1 ly elevating these small and uiiinipcntant 
communities into a society having some objects of 
B nalional imiioitance ; ai.d by thuB giving tiieir 
iiilmbitaiits a country which they will be unwilling 
to sec aliS()rbed even into one more |iowetful. 

While I believe that the cstablislmieiit of a com- 
prehensive svstem of government and of an efl'eo- 
tiial union between llie ditleioiit jirovinces, would 
produce this important ilfecton the general feel- 
ings of their inhabitants, 1 am inclined to attach 
very great impmtanco to the iiilluence which it 
would have in giving creater scope and satisfuclion 
tJ the legitimate ambition of the most active and 
prominent jiersoiis to be found in thi>m. As long 
as personal ambition is inherent in human nature, 
and as long sis the morality of every free and eu- 
lighleiied community eii.ourages its aspirations, it 
is one great business of a wise governmer.t to pro- 
vide for its legitimate developeineiit. W, as it ii 
commonly asserted, the disoidi rs of these colonug 
have in great measure lieeii fomented by the intlu- 
ence of designing and ambitiiais individuals, thii 
evil will best be remedied by allowing such a scope 
for the desires of such men as shall direct their 
ambition into the legitimatt! chance of fuiihering, 
an<i not of thwartin„ their government, liy crea- 
ting hich prizes in a general and responsible gov- 
ernment, we shall imiiiedia'.ely nti'ord the means 
of pacifying the turbulent ambitious, and of em- 
ploying in worthy and noble occupations the talciiti 
which are now only exerted to foment disorder. 
We must remove from thi'se colonies the cause to 
which the sag.'icity of Adam Smith traced the 
alienalioii of the provinces which now form ilia 
United .Slates. We must provide some scope for 
what he calls "the im[Mirtance" of the leading 
men in the colony, beyond what he forcibly tcinis 
the present " |ietty I'li/cs of the luiltry laOle of 
colonial faction." A uoneral legislative unjoil 
would slaratu and gratify tho hupos of able and 



4S 



LORD DURHAM'S REPORT. 



aspiring men, Thny woulJ no longer loolv with 
envy luid wondor at the i;reiit arona of ihn hortlor- 
ing federation, but see the means of satisfying ev- 
ery legitimate ambition in the higli otHccs of the 
judicutarc and executive government of their own 
union. 

Nor vould B Union of the vnrious provinces be 
less advintagcous in fac'iJitating a co-operation for 
various common |)nrposes, of which the wniit is 
now very seriously felt. There ix hardly a depart- 
ment of the business of government whicli does 
not require, or would not be Iwtter performed, by 
being carried on under the superintendence of a 
general government; and when we consider the 
political and commercial interests that are com- 
mon to these Provinces, it appears diHicult to ac- 
count for their having ever been divided into sepa- 
rate governments, since they have all been portions 
of the same empire, subject to the same crown, 
governed by the same Inw^ and constitutional cus- 
toms, inhabited, with one exception, by the same 
race, contiguous and immediately adjacent to each 
other, and bounded along the whole fiontier by the 
territories of the same nowerfnl and r'val state. It 
would appear that every other motive that has in- 
duced the union of Tarious provinces into a single 
state, exists for the consolidation of these provin- 
ces under a com^non legislature and executive. 
They have the same common relation to the Mo- 
ther country — the same relation to foieign nations. 
AV'ien one is at war, the others are at war; and the 
hostilities that are caused by an attack on one 
must seriously compromise the welfare of the rest, 
Thus, the dispute between Great Britain and the 
slate of Maine, appears immtidiately to involve 
the interests of none of these colonies, except New 
Brunswick or Lower Canada, to one of whi(-h tlie 
territory claimed by us must belong. But if a war 
were to commence on this ground, it is most pro- 
bable that the American government wo'dd select 
Upper Canada as the most vulnerable, or, at any 
rate, as the easiest point of attack. A dispute 
respecting the fisheries of Nova Scotia would in- 
volve precisely the same consequences. An Union 
for common defence against foreign enemies is the 
natural bond of connexion that holds together the 
great communities of the world ; and between no 
parts of any kingdom or state is the necessity of 
such an union more obvious than between the 
whole of these colonies. 

Their intenial relations furnish quite as strong 
motives for uuinn. The post-office is at the pre- 
sent moment under the nmnairement of the same 
imperial estiiblisliment. If, in compliance with the 
reasonable demands of tlie colonies, the retjuhition 
of a matter so entirely of internal t oncern, and the 
revenue derived from it, were placed under the 
coiilroul of the provincial legislatures, it would 
still be advisable that the miuuigemeni of tlie post- 
office throughout the whole of British North Ame- 
rica should be conducted by one general esliililisli- 
nient. In the same way, so great is the iMllMeiii:e 
on the other provinces of the an-angaments adopt- 
ed with rospect to tlio ilisposul of public lands and 



colonization in any one, that it if absolutely csgeW* 
tial that this department of government should be 
conducted on one system, nnd by one authority. 
The necessity of common fiscal regulations is 
strongly felt by nil the colonies; anil a common 
Custom Mouse estuhlishmenl would relieve them 
from the hindrancpn to their trade, caused by the 
duties now levied on nil commercial intercourse 
between them. The monetary and banking sys- 
tem of all is subject to the same inlluences, and 
ought to be regulated by the same laws. The es- 
tablishment of a common Coloni'il currency is very 
gcnernlly desired. Indeed, I know of no depart- 
moment of government that would not greatly 
gain both in economy nnd efficiency, by being jda- 
ced under n common manngcment. 1 shou'd not 
propose, nt tirst, to alter the c.ti.sting public es- 
tablishments of the diH'erent provinces, because 
the necessary charges had better be left to be 
mode by the umted goveniment; nnd the judicial 
establishments should cei'tninly not bo disturbed 
until the future Legislature shall provide for their 
reconstruction on an uniform unrl permanent foot- 
ing. But even in the administration of Justice, 
an union would immediately supply a remedy for 
one of the most serious wants under which all the 
provinces labour, by facilitating the formation of o 
general appellate tribunal for all the North Ame- 
rican Colonies. 

But the interests which are already in common 
between these provinces pre smatl in com])arison 
with tho.e which the consequences of sucli n 
unitm might, nnd I think I may say assuredly 
would call into existence; and the great discove- 
ries of modern art, which have throughout the 
world, and in no where more than in America, 
entirely altered the character and the channels of 
communication between distant countries, will 
bring all the North Atnencan colonies into con- 
stant and speedy intercourse with each other. 
The success of the great experiment of steam na- 
vigation across the Atlantic, ojiens a prospect of a 
speedy communication with Europe, which will 
materially affect the future state of ail these pro- 
vinces. In a despatch which arrived in Canada 
after my departure, the Secretary of State informed 
me of the determination of your Majesty's govern- 
ment to establish a steam communication between 
Great Britain nnd Halifax; and instructed me to 
turn my attention to the formation of a road be- 
tween that port and (Quebec. It would, indeed, 
have given me sincere satisfaction, had I remained 
in the I'rovince, U remove, by any means in my 
power, so highly desirable an object; and the re- 
moval of the usual restrictions on my authority as 
(iovernor rienerul, having given me the means of 
etfectually acting in cruicert with the various pro- 
vincial governments, I might have been able to 
make some progress in the work. But 1 camiot 
point out more strikingly the evils of the (ircsiMit 
want of a general government lor these provinces, 
than by adverting to the difficulty whirh would 
practically occur imder the pieviotis and present 
arrangements of both executive and legislative au- 



LORD DURHAM'S REPORT. 



43 



I ubsolutpTy cs»«f- 
rnniont gliotild bo 
liy one nuthorily. 
•al rpfiulotions is 
s; und a common 
mid relievo them 
ie. caused by the 
lereinl intercourse 
and banking sys- 
le inllnences, and 
nc laws. The es- 
'il currcnry is very 
low of no depart- 
vould not greatly 
ncy, by being jilii- 
siit. 1 !<bou'd not 
xisting public es- 
provincert, because 
tter be left to be 
; and the judicial 
/ not bo disturbed 

II provide for their 
d permanent fuot- 
strntion of Justice, 
pply a remedy for 
nder wbicli all the 

the formation of a 
11 the North Ame- 

ilready in common 
nail in comparison 
iicnci's of such a 
nay say assuredly 
he great discove- 
ve throughout the 
than in America, 
lid the channels of 
It countries, will 
colonics into con- 
with each other, 
mcnt of steam na- 
jns a prospect of a 
urope. winch will 
! of ail these pro- 
arrived in Canada 
of State informed 
Majesty's govern- 
lunicalion between 
instructed me to 
ion of a road bo- 
lt would, indeed, 
,ni, bad I remained 
any means in my 
jject; and the re- 
n my autliorily as 
me the means of 
1 ilie various pro- 
iiive been nbh; to 
;, But I cannot 
lis of tb(^ present 
these provinced, 
illy which would 
ious and present 
md legislative au- 



ihoviiics in tho various provinces, in attempting to 
curry such & plan into etTect, l'"or too various 
colonics have no more means of concerting such 
common works with each other than with iho 
tieighbouring stales of the union. They stand to 
one another in the [)osition of foreign states, and 
of foreign slatt^s without diplomatic relations. Tho 
governors may correspond with ci>-:ii uthcr; the 
legislatures n',ay enact laws, carrjinglho cominon 
pur|)(isoi into cfl'ectin their respective jurisdiction; 
but there is no means by wliicli the various detaili 
may speedily and satisfactorily be sottlod with the 
concurrence of the ditVeront parties. And in this 
instance, it must be recollected that the cotnmuni- 
cation and the linal settlement would have to be 
made between, not two, but several of the provin- 
ces. The road would run through three of them ; 
and Upper Canada, into which it would net enter, 
would, in fact, be more intere.'?ted in the completion 
of such a work tlian any even of tlu^ provinces 
through which it would pass. The colonies in- 
deed have no common centre in which the arrange- 
ment could be made, except in tho colonial-oflice at 
home, and the details of such a plan would have to 
be discussed just whore the mterests of all parlies 
would have the least means of being fairly and 
fully represented, and where the minute locel 
knowledge necessary for such a matter would be 
least likely to be found. 

The completion of any satisfactory communica- 
tion between Halifax and Quibec, would, in fact, 
produce relations between these provinces, that 
would render a general union absolutely necessary. 
Several surveys have proved that a rail-road would 
be perfectly practicable tho whole way. Indeed, 
in North America, the expense and dilliculty of 
riKiking a rail-road, boars by no means the exces- 
sive propcu'tion to those of a common road that it 
does in Kuropo. It iippenrs to bo a general opinion 
in the United States, that the severe snows and 
frosts of that continent very si ghtly impede, and 
do not prevent, the travelling on rail-roads ; and if 
I am rightly informed, the Utica railroad, in tho 
Northern part of tiie State of New York, is used 
throughout tho winter. If this opinion be correct, 
the formation of a railroad from Halifax to Quebec 
would entirely alter some ol tho distinguishing 
characteristics of the Canadas. Iiistead of bciing 
shut out from till direct intercourse with England 
during half the year, they would possess a far 
more certain and speedy comnmnicatioii throughout 
the winter than they now possess in suiTiniPr. 
The passage from Ireland to Quebec would be a 
matter often or 12 days, and Hahfax would be the 
groat port by which a largo portion of the tiade 
and all tho cmiveyances of passengers to the whole 
of British North America would be caniod on. 
But even supposing those brilliant prospects to he 
such as we couM not reckon (in seeing realized, I 
may assume that it is not iiilcnded to make this 
road without u well founded belief that it will be- 
con-.e an impoiliiiit cliuiinel of communication lie- 
rween the up[ier and lower provinces. In eitlu'r 
cjLsc, would not tho maiulcnanuo ut such a road, 



and the mode in which the government is ndminii* 
teied ill thoditlerent provinces, bo mutters of com- 
mon interest to all 7 If the great natural channel 
of the St. Lawrence gives all tho people who dwell 
in any part of its basin such an interest in the 
government of tho whole as renders it wise to in- 
corporate the two Canadas, the artificial work, 
which would in fact supersede tho lower part of 
the St. Lawrence, as the outlet of a great part of 
tho Canadian trade and would muko Halifax, in a 
great measure, an oulport toQut^bcc, wov^ld surely 
in the same way render it advisable that the incor- 
poration should be extended to provinces through 
which such a road would pass. 

With respect to the two smaller colonies of 
Prince Edward's Island and Newfoundland, 1 am 
of opinion, that not only would most of the reasons 
which I have given for an union of the others, ap- 
ply to them, but that their smallness makes it 
absolutely necessary, as tlioonly means of securing 
any proper atte.ition to their interests, and invest- 
ing them with that consideration, the deficiency of 
which they have so much reason to lament in all 
the disputes which vcarly occur between them and 
the citi/,en3 of the United States, with regard to 
iho encroachments made by the latter on tl.-\;ir 
coasts and fisheries. 

With such views, 1 should, without hesitation, 
recommend the immediate adoption of a general 
legislative union of all the British provinces in 
North America, if the regular course of govern- 
ment were suspended or perilled in the Lower 
I'rovinces, and the necessity of the immediate 
adoption of a plan for their government, without 
reference to them, a matter of urgency; or if it 
were possible to delay the adoption of a measure 
with respect to the Canadas until tho project of an 
union could have been referred to the Legislatures 
of tho Lower Provinces. But the state of the 
Lower Province, though it justifies the ]iroposal of 
■n union, would not, 1 think, render it gracious or 
even just, on the part of Parliament, to carry it 
into effect without referring it for the ample delibe- 
ration and consent of tho people of those colonies. 
Moreover, the slate of the two Canadas is such, 
that neither the feelings of the parties concerned, 
nor tho interests of the crown or colonies them- 
selves, will admit of a single session, or even of a 
large portion of a session of Parliament being ol- 
lowed to pass withont a det'iniie decision by the 
Imperial Legislature as to the basis on which it 
purposes to found thn futtiro government of tlioso 
colonies. 

Ill existing circumstances, the conclusions to 
which the foregoing considerations lead me, is, 
that no time should lio lost in proposing to I'urlia- 
mont a bill for repealing the 'M Goo. III. ; restor- 
ing tho union of the Canadas under one Legisla- 
tuiv; and ix'-conslit.uting tlietii as one province. 

The hill should contnin provisions by which any 
ot all of the other N, An'cricuu colonies may, on 
the npplicanon of the Legislature, be, wiili the 
cuiiseiit of the two Canadas, or their united Legis- 



44 



LORD DURIIAM'.S REPORT. 



^ 



iaturp, admitted into tlio union on siicli furms as 
may In' iis'n't'd on lictwciMi llu'in. 

As tlio ii/f-rt! arn;il;,MiniUii)n iif ilu^ lioiisos of As- 
sombly of ilm two prnvinci"* would not lio !idvis;i- 
Lie, or iiivo at nil ii duo ipjirc-ii niiiiion lo cni'li, a 
purliiiini'nttu'V coiiiniissioM iilioidd !ii< ap|i'iiiil('d, for 
tlio [)iirj)o-ie of fonnin'j: tlio t.'loc.,ii;il divisions and 
dor'i'niininp; tlio rinmlior of inoii.'iois to Im> roinrnod 
ou tlio priiu'ij'lo of yiviiij? ropicsoiitiitioii, as near 
as may ho, in proportion to population. I am 
averse to ovory |)l:in that has \h->'\\ ])ropo>4od for 
givin? an o(itiiil nuiiiI)or of nioinlnTs to tlio two 
provinces, in onlor to ult>iin tlio totnpnrary end of 
()iit-iiun)l)ori nu' llio b'roin-h, l)oc'iiiiso I tldnk the 
same ohjoci will bo ohiainod wilhout nny violafion 
of ilio priii'-iplos of ropre^oiiiatioti, and wiiliont 
nny such a|)p''a;'nii"o of injiistico in tli." "olicmo as 
would sot publico opinion, both in Kni;!and ond 
Aiuorioa, siiiumly against it ; and bocaiKo, when 
onuijration shall havo iiioioasod tho I'.imlish [)opu- 
latiim in tho Uppor I'roviiiij, tho adoption of suoh 
11 princi[ilo would o|>orat(! to dofoat the very pur- 
pose it is iiitondod to serve. It ai)poar,s'fo nio that 
any such electoral uriauQeni^nt, fcunded lui tho 
present provincial divisions, woiihl tend to defeat 
the purposes of uiiun, and perpetuate the idea of 
disunion. 

At the same time, in f>rdcr to prevent the confu- 
sion auil dainror likely to on^ue from altenijiring lo 
li'ivR popular electionn in ilistric<.s recently tlie 
seats of open rebellion, it will bo advisable to give 
tlie ifovornoi' a temporary power of suspendinif by 
jnoclaination statiiij; specifically tho ,i;rouiids of 
lli^: d^'liMrniuation, tho wr'ls of electoral district* 
in which la; may ho of opinion that elections could 
not safely take place. 

Tho same com mission should form a plan of 
local govcnimrnt by elective bodies subordinate to 
tho general le:;is!alure, tind i xer.ising a complete 
control over such local afl'ai: 9 do not como 
wiibiii tho province of i;onerai le;,'i-lation. Tho 
j)l 111 so framed should lie niade an act of tho Jm- 
j/crial Parliament, so as to pievi'iil the uenoral 
le^islalurt! iVom encroaching on the powers of tlin 
local bodies. 

A »j;<nieral rx>cutive on an iieprovd priiaipio 
Bhoiild be cstablislioil, together with a supreme 
ciiurt of appeal, f.a- all the North American colo- 
Ui"S. The oth(;r esl.iblijhmoiits and hiws of the 
two colonies should be li.'ft unaltered, until the lo 
trislatuio of 1 lie union should lliink lit to chunjre 
them ; and tliesccml'v of the existing endowmei.ts 
of the Catholic ehmcii ',', Lowir Car.tida should 
bo £;uaranteed by t!io ad. 

'1 he eon^titulion of a second lef;islallve body for 
the u/iited leui lature, mvelves ipieslioiij! of very 
{,'reat diiiiculty. The present (!o;: 'litulion of tho 
lo^islativi- cduijeils of these ))iovin('es, has alwnys 
ajipeared to nie ini'oiisistent " if sound lii:!iriples, 
and lillle calciilaK'd to aii>we, .:e purpose of jilu- 
cing the elleftive check which I cou-ider liecesstiry 
on tho jiojpiilar branch of tlio Legislature. Tho 
unalo^'y wliicli some persons have attempted to 
draw between the house of Lords and the Loiiisla- 



tive councils seems to me erroneous. Tho consti- 
tution of the 1 louse of Lords is coiisoini'it with the 
frame of Ki)t;lish society; and ns the creation of a 
|iiecisely similar hndy in such a stale of society as 
that (><' tlie>e Ciilnnii's is impiH-ible, it has always 
appeared to mo mint unwise to attem]it to supply 
Its place by one which has no jioint of resiMiiblanc* 
lo it, except that of Ijeini; a won-eleclive clii'ck on 
the elective branch of the Lrjisliituf- 'J'lie at- 
fimqit lo invest a few jiersons, idistinu'uished from 
their fello.w-coloiiisti neither by Jjirth luu' lieredita- 
ry [iropertv, and often only tiiuifeicntly connected 
with the country, witli .such a po*er, seems only 
calculated to ensure jealousy nnd bad feelinjr in 
the lirst instance, and collision at Inst. I believe 
that when the necr'ssity of relying, in Lower Cana- 
da, on the Knglish character of the Legislative 
Council as a check on the national prejudic-s of a 
Krencli AsseniMy shall be removed by the union, 
few persons in the colonics will be found disposed 
in favour of its i>resent conslitiilion. Indeed, the 
very fact of union will complicnie the dilUculticg 
\¥hich have hitlierlo existed ; because a satisfactory 
choice of councillors would have lo be made with 
reff'renco to the var! 'd interests of a much iiioie 
numerous and exlcnded cominniiity. 

It will be necessary, therefore, for the comple- 
tion of any stibh^ scheme of governn.ent. tliat I'ar- 
liament should revise the constitution of the Le- 
gislative Council, and by adopting every practical 
means to give; that institution such a character as 
would enable it, by its tranipiil and safe, but cfl'ec- 
five workiiis^, to act as an useful check on the po- 
[lular branch of the Legi-latme, prevent a repeti- 
tion of those collisions which have already cau-^od 
such dangerous irritation. 

The jilun which 1 have framed for the manage- 
ment of the puble: lands being intended to promote 
the common advantage of the colonics and of the 
mother country, I tlieiet'ore propose Itiat the en- 
tire administiation of it should bo cwntidcd to nn 
imperial authoiity. The conchisive reasons which 
have induced me to recimimeiid this course will be 
found at lenjuh in the sojiarate rcpin-t on the sub- 
ject i/f public hinds and emigration. 

All the roTeiiues of tho Crowii, oxreiit tho.se 
ilerived from this source, should at once be given 
up to the L'liited Legislature on the concession of 
an adetpiate civil list. 

The responsiliility to the united Legislature of 
all ollicers of the government excejit the governor 
and his secretary, should he soi nred by every 
means known lo the 15ritisii constitution. Tlio 
governor ns tlie representative of the Crown, 
should Le instructed tliat he mu>t carry on hid 
government by hea Is of deparinunts, in whom the 
united legisLiti, re shall repose conlidenc-e ; and that 
l^e must look for no support from home in nny 
co.'it.est with tl e li>fislalnre, except on ['oints in- 
volving strictly imperial interests. The indejien- 
deuce of llie judges should hi' securi (I, by i;iviiig 
them the same tenure of otlice and security of in- 
come as(txisl in I'liEland. No money votes sliould 
be nllowed to originate without the previous con- 



LORD DURHAM'S REPORT. 



45 



leous. Tlie consti- 
4 coijsnimiit with tlie 

IIS tlu' CIlMltidll dC n 

I state (tf s(u k'ty as 
oilili', it liiis iilwiiys 
attoinpt ti) sup|ily 
(lint of n'jiMiil)l;mc« 
iii-c!<'ciivc cliiM'k on 
'ji-tliilur" Till! ot- 

•flistiii'iui^'hi'd fiiiin 

y >)irtli iiiir hcri'ilita- 

(iiibiciitly coiincclfd 

p(i*er, scfTiis only 

and liiid ft'eliii'; in 

at Inst. 1 lirlii've 

iiig, in Lower C'lma- 

r iif till! Lt'Eislntive 

:)ii!ii pit'jiidic?* ot a 

iioved by thn iinion, 

II lie found disposed 
iiiion. IiuliM'd, the 
cnte the dilliciilticg 
.'i-fiuse a siitisfiictory 
vo 10 bo iiiaile with 
its of a much mine 
!ir:ty. 

ne, for iho ciimple- 
ivernn.i'nt, tliat I'ar- 
islitutinii of the l.e- 
iliiig pvciy (uiirtKal 
such a character as 
and safe, hut cfl't'c- 
iil check on the po- 
", prevent a repeti- 
inve nlrendy cuibod 

i?d for the mana^e- 

nteiided to prnniote 

Ionics and of the 

lose that the en- 

10 cwntijcd to nil 

ive reasons T\hich 

tliis course will he 

' report on the siib- 

on. 

wii, except tliose 

ii ;it once bo given 

tlio concession of 

d Legislature of 
ept the ijovernor 
^ei iired by every 
■onstitution. Tiio 
of the Clou n, 
imi^t carry on hid 
Ills, in wlioii) rlio 
lence ; and that 
om lionie in any 
( jit on points in- 
i. The indepen- 
rurcd, by ixiviiii^ 
d security of iii- 
iney voles should 
lie previous con- 



.1 

i 






Bcnt of iho Crown. In tlio game net should he 
contniiied a repeal of past provisions with respect 
to the clergy renerveB, and the application of the 
funds arisitii; from them. 

In order to promote emigration on the e;renli;»t 
possible scale, and with the most beneficial results 
to all coiirerned, I have elsewhere recomniended a 
system o( measures wliicli has been expressly fra- 
med with that view, after full enqniry and careful 
delibcrntion. Those ineasuics would not flubject 
either the colonies or the mother country to any 
expense whatever. In conjunction with the inea- 
Biites 8U/:nested tor disposinj; of public lands, and 
ri'mcdyiuf,' llio evils occasioned by past mi-^maiiogc- 
niont in that department, they form a plan for co- 
lonization to which I attach the highest iiiiport- 
ance. The objects, at lea^t, with which the pinii 
has been formed, are to provide lanzo funds ""or 
emigration, and for creatina: ""d improving- means 
of communication throughout the provinces ; to 
fTuard eniisrants of the labouring class against the 
jiresent risKs of tho jiassatre ; to secure for them 
ail a comfortable resting-place, and employment at 
good wtges iiiimedialelv on tlieir arrival; to eii- 
couiago the investment of surplus British capital 
ill these colonies, by iTndering it as secure and as 
profitable as in the United States ; to jiromoie tho 
settlement of wild lands and the general improve- 
ment of the colonies; to add to the value of every 
man's property in land ; to oxtend the demand for 
British-manufactured goods, and the means of 
paying for them, in pro])ortion to the amount of 
emigration and the general increase of the colonial 
people; and to augment tho colonial revenues in 
the same degree. 

When tho details of the measure, with the par- 
ticular reasons for each of them are examined, the 
means proposed will, 1 trust, be found as simple 
«i the ends are great; nor have they been sugjjest- 
ed by any tknciful or merely speculative view of 
the subject. They are founifed on the facts given 
in evidence by practical men , on nudientic infor- 
Illation, as to the wants and capabilities of the co- 
lonies; on ail examination of the circumstances 
which occasion so hiuti a decree of prosperity in 
the nei;;hboiiring states; on the ellicieiit working 
diid remarkable results of improved methods of , 
colonization in other parts of the Hriti.->h enipir.'; 
in some measure on the deliberate [iroposals of a 
Committee of the House of Commons; and, lastly, 
on the favourable opinion of every intelli ent per- 
Bon in the colonies whom I consulted with respect 
to them. They inv(dve, no doubt, a considi'iable 
chiiuge of svstein. or rather the adoption of a sys- 
tem wlii're there has been none ; but this, consider- 
ing the number and magnitude of past errors, ami 
the present w retched econoniii'a I state of the co- 
baiies, seems rather ii recoinmendiition than an ob-^ 
jectioii. I do not flatter myself that so much 
good can be accomplished without an effort ; lint 
in this, as in other s'iggestions, I have presumed 
that ihi! imperial goveinment and Legislature will 
appreciate the actual crisis in the iitVairs of these 
colonies, and will not shrink from any exertion that 



may be necessary to preserve them to the empirt. 
Hy the iidopiinn of the variou- inrusures her« 
recoTiTiieiided. 1 venture to hope that the disortieri* 
of the Coliinii's may lie arrested, and their future 
well-being and connection with the British em[iir« 
secured. Of the certain result of my suggestions, 
I cannot, of cf.irse, sjieak with entirr conlideiica, 
because it feems almost too much to hope that 
evils of so hum a growth, and such extent, can be 
removed by the tiirdy np|ilication of even the bold- 
e«t remedy; and because I know that as much de- 
jieiids upon the consistent vigonr and prudence of 
those who have to carry it into etl'ect as on the 
soundness of the polii y sui'rrpsted. The deep- 
rooted evils of Lower Canada will require great 
iirtnnessto remove them. The disorders of l;p[ier 
Canada, which a]ipear to me to originate entirely 
in mere defects of its constitutional system, may, 1 
believe, be removed by adopting a mure sound and 
consistent mode of adininisteriu'^ the government. 
Wo may derive some confidence from the recollec- 
tion that very simple remedies yet remain to be 
resorted to for the first time; and we need iiotdes- 
pairof gipverning a people who really have hitherto 
very imperfectly known what it is to have 8 gov- 
ernment. I have made no mention of emigration 
on an extended scale as a euro for political disor- 
der?, because it is my opinion iinl'l tranquillity is 
restoicd. and a jirospect i ? free and stable govern- 
ment is held out, no emigrants should be induced 
to go to, and that few would at any rate remain in, 
Canada. But if by the means which I have sug- 
gested, or by any other, peace can be restored, 
confidence created, and jiojiubir and vigorous gov- 
ernment estnblishe 1, I rely on the adoption of a 
judicious system of colonization a", an efi'ectiml 
barrier against the recurrence of many of the ex- 
isting evils. If I should have niisciilculnted tho 
proportions in which the friends and the enemies 
of British connexion may meet in the united legis- 
lature, one year's emigration would redress the 
balance. If is by a sound system of colonization 
that we render these extensive regions available for 
the benefits of the Britisii pe-ifile. The misman- 
aijement by which the resources of our Colonies 
have hitherto been wasted, has I know, jirodiiced 
in the jmblic mind too much of a dis|iosition to 
regard them as mere sources of corruption and 
loss, and to e rtain, with too much complacency, 
the idea of abandoning them as useless. I cannot 
|mrtici|iate in the notion tliat it is the part either 
of |iiiidenee or honour to abandon our countrvmen, 
when our government of them has p'linged them 
into disorder, or our territory, when we discover 
that we have not turned it to proper account. The 
experinii'iit of" keeping Ciilonii's and governi'ig 
them well (iiiglit at least to have a trial, ere we 
abandon for ever the vast dominion which might 
supply the wants of cur surplus population, and 
raise up millions of fiesh consumers of oiir manu- 
fnctiires, and producers of a supjily for our wants. 
The warmest admirers and the strongest opponents 
of republican institutions admit or assert that tho 
amazing prosjicrity of the United Slates is less 



£ 



46 



LORD DURHAM'S REPORT. 



owing to thpir fnrm of jovovntnont tlinn to tlio un- 
limiunl s<i|>_vly of (nnWn Ikiitl, whirli inftintnitis 
gucceediiig ^fncrntion* in nii uiiiliiiiinisliing iillln- 
cnc« of ft'ililp «oil. A region as liirpc nnil its fer- 
tile is opun 10 your Majoity's smlijcct^ in your Mo- 
Jesiy's Aniericiin domiiiioiis. 'J'tio recent improve- 
inonti) of the means of commuiiiciiiiMn will, in a 
•hort time, brinjj ttie luioccupied lands of Cnn.ida 
and Ne>v HiuMswirk within us I'usy a reach of the 
Uritisii Isles, us the ttrrilories of Iowa and Wis- 
consin nrp of that incessant cmifrration tliat annu- 
ally quits New Iwijfhind for the Fur VVe.st. 

I see no reason, therefore, for douliling that, by 
good governmoni, and the adoption of a sound sys- 
lL>in of coloni/.ation, the; British pussessiunx in 
North America may thus ho made the moans of 
cotd'erring on the sull'eiing classes of the mother 
country many of tlio blessings wliich have liitheno 
been supposed to-be peculiar to the social state of 
the new world. In conclusion, I must earnestly 
imjiies* on your Mujesiy's advisers, and on the Im- 
perial I'arliaiuent, iho parnnuiunt necessity of a 
ju'ompt and decisive settlement of this important 
question, no', only on account of the extent and va- 
riety of intei'ests involving the welfare and security 
of the Uritish em|)ire, wliicli are perilled by eveiy 
houi-'» delay, but on account of the slate of feeling 
which exists in the public mind throughout all your 
Majesty's North American possessions, and nioro 
especially the two Canadas. 

In various disjiatches addressed to your Mnjes- 
ty's Seci-etury ol Stale, I have given u full descrip- 
tion of tliat state of fcq/ing, as I found it evinced 
by all classes and all j)ariies, in consequence of the 
events which occurred in the last session of the 
British I'arliament. 1 do not nllurle now to the 
French Canadians, but the English population of 
both provinces. Ample evidence of their feeling* 
will be found in the addi'csses which were presented 
to me from all parts of the North American colo- 
nies, and which I have inserted in an appendix to 
tliis report. But, strung as were the expressions 



of regret niid disnppointmrnt at tlm sudden nnni'« 
hilniion of those hojies which the I'.nglish hud en- 
tertained of seeing a speedy and satisfactory ter- 
mination of that state of confusion and nuari hy 
under which they had so long laboured, they sunk 
into insignilicnncr! when compared with the danger 
arising from those threats of separation and inde,- 
])endence, theoiicn and geni'ial rilteraiice of which 
was rejioiled to me from all (nuirters. I fortu- 
nately succeederl in calming this irritntion for the 
lime, by directing the public mind to the prospect 
of those remedies which the wisdom and beneh- 
cenco o( your Majesty nnisi naluiirlly incline your 
Majesty to sanction, whenever they are brought 
under your Majesty's cijusideralion. But the good 
elfects thus produced by the responsibility which I 
look u[)on myself, will bt; deslr-oyed ; all the feel- 
ings will r'ecur with redoubled violence; niul the 
danger will become immeusurnlily greater, if such 
hopes arc once more frustrated, and the Imperial 
LcL'islaturc fails to apply (tii immediate and linul 
remedy to all those evils of which your Majesty's 
subjects in America so loudly complain, and of 
which I have supplied such amjile evidence. 

For these reasons, I pray your Mnjcsly's earnest 
altcntion to this Report. It is the last act arising 
out of the loyal aird conscientious disclruige of tho 
high duties imposed upon ine by the commisbion 
with which your Majesty was graciously pleased 
to entrust mo. 1 humbly hope that your Majesty 
will receive it favourably, and believe that it has 
b(!en di(;tated by tho most devoted feeling of loyally 
and aitachinent to your Majesty's person ami 
throne, by the strongest sense of public duty, and 
by the earnest desir'e to perpetuate and strengthen 
the connection between this Kinpire and the North 
American Colonies, which would then form one of 
the brightest ornaments in your Majesty's Imperial 
Crown. 

All w hich is humbly submitted to your Majesty. 

DLIUIAM. 

London, January 31, 1880. 



Extracts from the Report on Lower Canada. 



REsrossini.E Govkrnment. 
It was nut until some years after the commencc- 
tncnt of the present century that the population of 
Lower Canada began to understand the represen- 
tative system wliich had been extended to them, 
and that the Assembly evinced any inclination to 
make ii!>e of its powers. ImmediuK^ly, however, 
upon its so doing, it found how limited those pow- 
ers were, and enten^d upon the stiu:,'gle to obtain 
the authority w uich analogy pointed out as inhe- 
rent in a representative assembly. Its freedom of 
speech immediately brouglit it into collision with 
the governor; and the practical working of tho 
ussoinbly commenced by its loaders being thrown 
into prison. In tho course of time, however, the 
government was induced, by its necessities, to ac- 



cept the assembly's oIHt to raise an additional re- 
venue by fresh taxes ; aiul tl" ••inrbly thus ac- 
quired a certain controul over ii. vying and ap- 
])ropi'iation of a certain portion of the public rcve- 
laie. From lliat time until ibu linal abandonment 
in lo32 of every ]iortion of the resei' I'd leveiuie, 
excepting the casual and lerritoria' t ids, arr un- 
ceasing contest was carried on, in ws.ich the as- 
sembly, mnkiiio use of every power which it gained 
for the ])ur|)ose of gaining inorv, acqu'r'd, step by 
slop, nn entire controul over the whole revenue of 
the country. 

I pass thus brielly over the events which have 
herelofore been considered the fealni'cs of the Ca- 
nadian controversy, because as the contest bns 
ended in tiie concession of the financial demands 



LORD DURHAM'S REPORT. 



47 



It \\\n nudiloii mint- 
(ic llngliuli Imd en- 
iikI sntist'iutiiiy inr- 
ifiision and nimii liy 
lal)iMirf(l, tlicy nuiik 
red wilh iht- danger 
L'paralion and indo- 
1 iitti'iancc u( wliirll 
(|uarloi». 1 I'orlu- 
lis irntnlinn for the 
nind to llit; prospect 
wisdom and benefi- 
lulurally inclini' your 
cr ihcy aie brought 
ition. But till' good 
■sponsibilily which I 
iroyi'd ; all the fecl- 
d violence; niiil the 
iildy {'.rt'otcr, if such 
d, and the Inipcriul 
immediate and iinal 
liicli your Majesty's 
lly complain, and of 
nple evidence, 
j-.ir Majesty's earnest 
3 the last act arising 
ious disclittrfje of the 
10 by the conimisbion 
3 graciously pleased 
ie that your Majesty 
i believe that it has 
tied feeling of loyalty 
lajesly'? person and 
1 of public duty, and 
nuato and strengthen 
pire and the North 
id then form one of 
Majesty's Imperial 

ted to your Majesty. 
DUUilAM. 



?l 






lisp an additional rc- 
■iiiibly thus ac- 
. ... vyiiis; and a))- 
n of the public revi- 
le final abaiidoiiinent 
reset' I'd revenue, 
iloria' I ids, an un- 
.., in vvi.ieh the aa- 
)wer which it gained 
re, ncqu''i"d, step by 
he whole levyiue of 

1 events wliirh have 
' features of the Ca- 
iri the contest bra 
financial demands 



of the nsscmlily, and the n<liiiijKioii by tlie govern- 
ment of the iinpmpriety of attempting to williliold 
any portion of the jiublic revenues from its con- 
troul, that contest can now bo regarded as of no 
iiiiportancc except as accounting for the exaspera- 
tion and suspicion which survived it. iNor am I 
inclined to think that the di8]iutes wliicb subsv- 
fjuenlly occurred n/e to be attributed entirely to the 
operation of mure ungiy feidings A substantial 
cause of grieviinco yet remained. The Assembly, 
after it bad obtained entire controul over the [niblic 
revenues, slill found itself ileprived of al' voice in 
the choice or even designation of the p.:rson8 in 
whose adniini!>tration of alfuirs it could feel con- 
fidence. All the adniinistraiive power of govern- 
ment remained entirely free t'roin its iiillueiice; and 
though Mr. I'apineau ajiitears by his own conduct 
to bavo ile[uived hiiiiseif of that iiilhience in the 
g»veriiment which he might have aciiuired, I must 
attribute iho refusal of a civil list to the determi- 
nation of the assembly not to give up its only 
means of subjecting the functionaries rff goverii- 
nicnt to any responsibility. 

The jiowera for wliieli the assembly contended 
appear, in both instances, to be such as it was per- 
fectly right in demanding. It is ditlicult to con- 
ceive what could have been their theory of govern- 
ment who imagined that in any colony .xif Kngland 
a body invested with the iiamo and character of a 
representative assembly could be deprived of any 
of the ]io\vers which, in the opinion of Englishmen, 
are .inherent in a populiir legislature. It was a 
vain d-.'lusion to imagine tb-.it by mere limitations 
in tlie Constit.itioniil Act, or an exclusive system of 
government, a body, strong in the consciousness of 
wielding the public opinion of the majority, could 
regard certain jiortiona of the provincial rev(!iiues 
as sacred truin its controul, could confine itself to 
the ini.'re business of making laws, and look on as 
a passive or iiidiiVerent spectator, while those laws 
were carried into effect or evaded, and the whole 
business of the country was conducted by men, in 
whoso intentions or capacity it had not the slightest 
conliilenre. Yet such was the liniitiuion placed on 
the authority of the Assembly of Lower Canada ; 
it might refuse or pass laws, vote or withhold sup- 
plies, hut it coukl exercise no influence on the no- 
mination of a single servant of the crown. The 
Executive Council, the law otllcers, and whatever 
heads of departments are known to the ndminis- 
trntive system of the province, were placed in 
power, without any regard to the wishes of the 
people or tlii-ir represcnlutives; nor indeed are 
there wanting instances in which a more hostility 
to the maiurity of the assembly elevated the most 
iiiciimiieteiil persons to jiosts of honour and trust. 
However decidedly the asseninly might condemn 
the policv of the government, the jieisons who bad 
advis^'d thai policy, retained their otlices and their 
]iiiwerof giving ba<l atlvice. If a law was passed 
after repeated conflicts, it had to be carried into 
cfi'ect by those aI'o had most strenuously opposed 
It. The wisdoi. jf adopting the true ju'lnciplo of 
representative goveiiinieiit, and facilitating the 



management of public nlFuirs, by pntruitincf it to 
the persons who have tiie cnnlidence of the repre- 
sentative body has iie\er been recognized in tlio 
government of the North American Colonies. All 
the olhcers of goveinment wer" independent of the 
assembly ; and tliut body which had nothing to say 
to their appointment, was left to get on os it best 
might with n set of public functionaries, whoss 
paramount feeling mny not unfairly be said to have 
been one of hostility to itself. 

A body of hoklers of olBco thus cunstitnted^ 
without reference to the people or their rcpresenta* 
lives, must in fact, iWmi the very nature of colonial 
government, acquire the entire direction of the af- 
fairs of the province. A governor, orriving in a 
colony in which he almost invariably ha- ' no 
acfiuaintniice wilh tho state of panics, ' iha- 

racter of individuals, is compelled to »\ hip-,- 

self almost entirely upon those whor., lie finds jila- 
ced in the position of his ollicial advisers. liis 
first octs must necessarily be performed, and his 
first appointments made, at their suggestion. And 
as thehO first acts and appointments give a churac* 
ter to his policy, he is generally brought thereby 
into immediate collision with the other parties in 
tlie country, and thrown into more complete de- 
pendence upon the official parly and its friends. 
Thus, a governor of Lower Canada has almost 
always been brought into collision with the ossem- 
bly, which his advisers regard as their enemy. In 
the cV.urse of the contest in which he was thus in- 
volved, tho provocations which he received from 
the assembly, and the light in which their conduct 
was represented by those who alone had any access 
to him, naturally imbued him with mony of their 
nntipafhies; his position compelled him to seek 
the support of some party against the Assembly ; 
and his feelings and his necessities thus combined 
to induce him to bestow his patronage and to 
shape his mnnsnres to promote tho interests of the 
party on which he was obliged to lean. Thus ev- 
ery successive year consolidated and enlarged the 
strength of the ruling patty. Fortified by family 
connection, ond the common interest felt by all who 
held, ond all who desired, subordinate offices, that 
parly was thus erected into a solid and permanent 
power, controlled by no responsibility, subject to 
no serious change, exercising over the whole gov- 
ernment of the province on authority utterly inde- 
pendent of the people and its representatives and 
possessing the only meons of influencing either the 
government at home, or the colonial representolivo 
of the crown. 

The entire separation of the legislative ond exe- 
cutive powers of a state, is the natural error of 
governments desirous of being free from the check 
of rejiresentative institutions. i5ince the Revolu- 
tion of KiiiS, the stability of the Enghsh constitu- 
tion has been secured by that wise principle of our 
government which has vested the direction of the 
national policy, and the distribution of jiatroimge, 
in the leaders of tho Parliamentary majoritv. 
However partial tho Monorch might ba to particu- 
lar ministers, or however he might have personally 



<8 



LORD DUIIHAMS KEPORT. 



ennimitlKd himiolt lo ilnir pnliry hu ba« iiivnriplily 
hpiui I'uiinlriiitu'd in nl>;-ii(liih hdtli, b» dncii nil thii 
opininti of ilc^ jiciplc I "S Ih'I'm iircrornlily iiri)« 
nouiict'il flKfitisi ilii'in tS^riM;:;!! ihp ini-'li'im of t!in 
Hi»ii»ii ol' CnmmoMC 'J'lic pmrticf ni vnny'uifc on 
» ippivniMitotivt" ((ovrvnnifnl mi n Hifi'rcnt priric'plo 
necmii 10 ho I'lp rock on w'.iicli roiitiiu'ii'.al imitn- 
ti(iii» of th" iJriii^li ciiiKiiiiiiion Imvn iriTiirinhly 
split; anil llx- ricMcli Rtwi<liiti'i:i nf 1!!'10 wbk tlio 
rnvpsdrtiy ri'Still if nii iitlompt lo unlioM n liiiiiintiy 
with wliicli 110 I'lii'liMiiicnt coiilil lie cot. to net in 
rcucert. It is iliMl.-iilt to iiiiiIim'iIiimI Iiow niiy 
l'y!iirH«h fti>iv:'n!t<n could Iiivo iiiiiij;lmMi ilmt rcriip- 
i>(,'iili»tivo nml iri.M|intir'l.l(> i;()M<rruiH'iit cimiUI lie 
mccossfiilly coniliiiu'il. Tli ip •pith'i, ituli'i'd, to 
ho mi iden tlmt llii^ rli'ivnclcr of n-pn'siMiliilivo in- 
Htitutiniis oimht to he tints itDdificd in colnnicH ; 
that it ia on iiicidont of roloniiil dcprndi-ncc, ihnr. 
the otri<;ei s of ^ ivcnonnnt uliciild Iw noiiiiiintrd by 
thH ciowii witli hi: ntiy I'l'fcu'ii'i' to tim wisiips of 
the iroinniuiiiiv, vliosp iiiUTfsts nro cnfu'i'd to 
their kiHl'i.iR. It lla^ never In i-ii very, cirarly ex- 
jiUined wiiiii nre^lie iinperinl iiitiTeitr^i, vliicli ru- 
ouire t'lis ronijili'ic Huiliiic.iiiinn of repiesciit^tive 
government. 

Kill, if liiere •lionld bi' smli u iiece!i>ii' , '.fif',{ 
nuite clear lliiit ii lejireseriuravc' (;o'.'eninn"e ij r 
coiuiiv inu!'l 1)0 a moekery. ai.d ;i mouuio of ee .fu- 
sion. For liios" wlio r'uppoii fliis i«y-ii'-", 1 ase 
never yet lioeii rtblf 10 devise, or ti) esinlii ^ift^i^ie 
pr.ir.ticiil woikiri:,' of rolniiiul fj'i\erii'i'.",)l»nfry 
means fe- Mitikiii!,' so cornideterin aline,' i no ji of jm)- ' 
liliiiiil inllueiicfs [iniiil.ible lo ih. lepresenlnlivt 
bodv. It is nor dilKi'ih to apply the r.isi> to our 
own eoiiMti-y. ],pt Ii ''e imngiiied tl.;'t at n rrt'neral 
eleelioii the, oppo-ili.ni were to reiurii .JOO out of 
653 nieiiihers of the lieri'ie of eoiiiiiiotH. and ilint 
the wlioli! policy of the iiiiTii:<lrv should lie con- 
de'iined, and every hill introduced liv it i'e|eiled by 
this immense majiirity. Let it iio snnpmed liiit 
the crown should consider it a point of honeiir atid 
duty lo retain a miiiisti'v so coiidi'mncd utid bo 
tliwuned; that rcpoiifd disHohiiions should in no 
way incifii'T, hul should even diiniiii-li, the iniiili)- 
terial minority ; and that the only rusult which 
could he obtained by such a dovulopomcnt of Uie 
f.iicc of the o])position, were no; the slij;hleiit 
oliunro in the policy nf the ministry, nor the remo- 
val of a single minister, hut simply the elijclion of 
fi Speaker of the politics uf the mnjorily; and I 
think it will not be diflicult to imagine the fate of 
buch a system of govornineiit. Yet such wag the 
systeia, such lit(>rally was the course of events in 
l,nwer Conado, ond such in character, tlioiiijh nol 
fjuite in degree, was the spectiicle exliibiieil in U. 
C and at one time or another, in every one of the 
North American Colonies. To suppose tlui! such 
a system would work well, implies a belief that 
the French Canndians have enjoyed represent uive 
institutioni for half a century, w iihout ucijii liiig 
any of the characteristics of a free people; that 
Englishmen renounce every political opinion ci d 



feelitijf AThrn they enler a colony, or Uint tlis ipii'if 
of An(<lo-.''nxon fri'edom is uiterly chuiiKed uiid 
weakeiu'd among those who ur« truns]ilanted acr.Ji* 
the Atlantic. 

It appears, tlierpforo, that the opposition of the 
AssiMtibly to the govern mm t was the unavoidiiblo 
result of a sysii-m which stinted tlm [i(i)iuiur 
branch of the Le)(i»|atute of the necp'Siiry privile- 
ges nf a representative body, and (iroduced thereby 
a long- scrie* of attempts on the part of that body 
to anpiire controul over the adniinistnition of the 
province. I say all ibis without reference to the 
ultimate aim of the Assetiibly, which I have bef'ire 
discrihed as beini; the iiminteriunce of a Canadian 
nniionality against the propressivr intrusion of iho 
l!n:;li!.|i race. Uavin!» no re«pon8ible ininistirs to 
de:il with, it entered upon ihiil svilem of hifii,' ("n- 
iiuiries by means of its cimmittees, which hroiight 
the whi>lu action of the executive immediately un- 
der its purview, and triinsifressed our notions of 
the projier limits of pat linmeritnry inttTliTeiice. 
UaviiiK no inlluencc in the clioire of any public 
functiipiiiiry, no power to j-ror-ure the retnoval of 
such ns were obnoxious to it merely on ji'jlitical 
i-voiinds. and ^^eeirifi almost eveiy ofUce of the co- 
lony Idled by pei^ons in whom it had no confidence, 
i*; enreiei on the vicious crurrse of assalllie; its 
]iromi!ient opponents indiviiUiully, ntid discpialifyirii; 
them for the public service, by niiikin^' tliern sul- 
jrcls "f imp''''''"* '""' con^erpieiit inipencbnients, 
II t al\\iiys coiidricted with even the Hpp<>araric* of 
a duo regard to justice; nnd when nothing else 
could attain its end nf alt 'I'ing the policy or the 
ciunposi'.ion of the colonial government, it had re- 
couisi' to tl'.at 7///f»nrt rnfio of rppresentative [lower 
to which the more jirudent forbearance of the 
C'rown bos never (h'iven the Iloii,e of Commons in 
England, ami endeavoured to disabl.i the who!'! 
machino of governtnont by a general refusal of tho 
ftupplies. 

It was nn unhappy rnnsequeiiCB of the system 
wliich I have been ilescribing, that it relievocl iho 
popular leaders of all thy responsibilities of oppo- 
sition. A nii'mber of o[iposition in this country 
acts and sjienks with the contingency of becomina; 
a minister eonsluntly before bis eyes, and he feeli, 
therefore, tho necessity of proposing no course, and 
of asserting no principles, on which li{> would not 
be prepared to conduct the governmnent, if he wer'o 
immediately otlered it. But the colonial dema- 
gogue bids high for popularity without the fear of 
fuuire exposure. Hopelessly excluded from power, 
lift expresses tho wildest opinions, and appeals to 
the most mischievous passions of the people, with- 
out any nppi'elieiislon of having liis sincerity or 
pnidenci! hereafter tested, by being placed in a po- 
sition lo carry his vi.\vs into efl'ect; and thus the 
prominent places in the ranks uf opposition are 
occupied for the most part by men of strong piis- 
sions, ond merely declamatory powers, who' think 
but little of reforming the abuse* which serve 
them as topics for exciting discontent. 



colony, or tlint tliB *i<W\t 

if uitt'tly cliutici'') mid 

•n ur« ti'utiit]iliii)te(l acr.i*t 

:hat the oppntitioii of ihe 
lont WHS the urinvoiHiiblo 
('h Mtiiitvd thn [Kijiuiur 
of the TKTP'sury privHc- 
;ly, nriil [iroduccd ihrrcby 
oil the purl of that body 
the nilniiiiisirntion of the 
without icfjTi'ricp to the 
iibly, wliich I hav»« hfffire 
inicnunce of a Ciiimditin 
)pros»ivp intruiiiori of tlio 

I rc«[ion»iblc iniiiidtf rs to 

II I hilt ("vslem of lnfii,' fn- 
ininiiltrcs, which hrinighl 
[pcutive imtTU'diiiti'ly un- 
iris);rt'ssed our nolioiid of 
I linmctitnry iiitrrliTPncp. 
tho choice of iiny public 
I procure the removal of 
,o it nicri'ly on political 
mt ivciy ofiicp of thp ro- 
hom it hud no contidencf , 

coiirso of nssftiliii'! its 
iiUiully, find di^ijiiHlifyiriij 
'o, by milking lln'm 8ul> 
n^etpiciit inipcnclinien;!!, 
I I'ven the HpppHriuicM of 
nnd when nothing cUe 
It -rinx the policy or the 
.1 fiovoiiimont, it Imd re- 
7 of represeiitiitive power 
lent foi'bearancp of the 
le Uniijp (if Coinniotis in 
'd to diaablo the whol'i 
/ a peiii'ral refusal of the 

ispqiioiicB of the nyntrm 
jing, th;it it rolievwl iho 
respon.-iibilitied of oppo- 
po^lition in thin country 
c-ontinj.'ciicy of liecotnin.5 
re his uyesi, and he fep|», 
proposing no course, and 

on which lie would not 
' goveriimnenl, if he wero 
But the colonial dcmn- 
irity without the fear of 
sly excluded from power, 
Jpinions, and appenls to 
iong of the people, with- 
having liis sincerity or 
by beino; plarcd in a po- 
ito pfl'ect; and thus the 
lanks of opposiiion are 
t by men of strong piig- 
itory powers, who' think 
he abuses which serv* 

diiiconteiit.