AMERICA IN 1827.

II.

NORTHERN STATES.

Before, and during the continuance of the late war with France, Great Britain took little comparative interest in the concerns of her North American Colonies. The succession of events on the great theatre of European warfare, were of so momentous a character, that they almost exclusively absorbed public attention, without excepting the Government itself. Canada was in consequence neglected at home. Its local administration was defective-too frequently oppressive there. Governor Craig arrested the persons of the lieges without cause, and liberated without justification. His government was that of the bayonet, to which even members of the Legislature were obliged to succumb. Sir George Prevost's administration was mild and equitable, well adapted to the Canadian people in times of repose, but unsuited to the perils of war, and the dangers of invasion. He was deficient in moral energy, and unfit for command. Sir John Sherbrooke

succeeded, and during his administration, originated those dissensions between the Commons and Executive, which still unhappily prevail. The Duke of Richmond followed,-his government was firm and conciliatory. His melancholy death soon occurred, and the present Governor-General, the Earl of Dalhousie, assumed the task of government.

During the two preceding sessions of the Provincial Parliament, acts were passed, making the professors of all religious denominations, equally entitled to claim the advantages which the foundation of public schools was intended to impart. The education of the people, upon the most liberal principle, thus became a prominent feature in the local administration. A bill, similar in principle to the Scotch cessio bonorum act, was brought in, and passed into a law. Debtors, thus, upon the surrender of their estate, ceased to be imprisoned, because they might have been unfortunate, and were only detained when fraud was apparent. The government recommended a Registry Bill, but it was negatived by the Commons. The Legislature adopted measures for the prevention of smuggling with the United States-for the encouragement of the circulation of gold-and for facilitating grants of the public lands. Measures, having for their object the improvement of the communications,-the better regulation of the municipal affairs of the cities of Quebec and Montreal-subdividing the province into counties-increasing the representatives of the people in the ratio of an increasing population, were agitated in the Assembly, but opposed or rejected by the Upper House.

The Imperial Parliament provided for the extinction of signorial rights-qualified all holders of signories and fiefs, to convert them into tenures of free and common soccage. Restraints injurious to the liberty of private contract were taken away -prohibitions to the exportation of wheat to the mother country suspended for one year, and a duty of 5s. per quarter substituted in their place. Acts were also passed, authorizing the British Colonies to trade with each other. One inexpedient act was passed, prohibiting the importation of all provisions from any countries but Great Britain and Ireland. This prohibition became nearly ineffectual, as a frontier of one thousand miles with the United States could not be guarded by custom-houses, or preventive service corps ; and, in consequence, as before, all the provisions required were supplied from the United States.

The Provincial Parliament of 1827 was convened in the month of January. The civil list was the principal topic of the Government and Legislature's consideration; indeed it absorbed every other. Το understand the subject, it becomes necessary to recapitulate different events.

Canada was surrendered to the British arms, in terms of the capitulation of September 9th 1760. It was governed by the civil and criminal law of England till the passing of the Quebec Act, by the British Parliament, in 1774, which restored to Canada the civil law of France, while it retained the criminal code of England. It will be necessary briefly to enumerate the different acts of the British Parliament, relative to the Government of Canada, as, from the different interpretations

attached to these, have originated the existing disputes between the mother country and her colony. The first in detail, Act 14. Geo. III. chap. 88, imposes duties upon the rum, brandy, and molasses, imported into Canada, in lieu of the taxes levied by the King of France, antecedently to the capitulation, as well as by the British Government subsequently to that event. The act directs that these duties shall be applied to the support of the civil government and the administration of justice of the province of Quebec, now divided into the provinces of Upper and Lower Canada.

The Act of 18. Geo. III. chap. 12, enacts, that the Parliament of Great Britain shall not impose any tax or assessment on any colony, payable in British America, except such as may refer to the regulations of commerce.

The Act of 31. Geo. III. chap. 31, bestows upon Canada a representative constitution, but leaves in force all former acts, unless specially repealed. The constitutional act divided Canada into the Upper and Lower Provinces, and gave to each a separate legislature. The revenue derived from the first recited act, did not latterly exceed 34,000l. The expenses of the civil government exceeded 74,0007. The Provincial Parliament was requested to supply the deficiency, which it did. The Government of the Upper Province, in terms of the constitutional act, claimed a portion of the amount drawn from the impost duties. Differences arose, as might have been foreseen, relative to the distribution of the funds raised between the provinces. These differences were not adjusted, and the Legislature allowed the provin

cial act to expire, from which a portion of these duties was derived.

The Imperial Parliament, by Act 3. Geo. IV. c. 119, enacted that these duties should be renewed, for the support of the civil Government. This act still remains in force, and only refers to a part of the duties, the greater portion being still derived from an unrepealed provincial act.

Such are the Acts of Parliament. The different views taken of their import by the Mother Country and the Lower Province, and of the subsisting relation of Canada to Great Britain, are as follows:

1. The British Government, and the English party, maintained that the constitutional act of 1791, left in force all previous statutes, unless specially repealed, and that, in consequence, the Act of 14. Geo. III. c. 88, remained still in oper

ation.

2. That the Canadian Legislature has no control over the duties derived from the Act 14. Geo. III. c. 88, since its provisions not only impose certain duties, but direct the application of their amount to the support of the civil Govern

ment.

3. That as the Parliament of Great Britain grants the civil list during the King's life, the Provincial Parliament should be required to do the same.

4. That since the Provincial Parliament allowed the act to expire, from which a portion of the duties were derived for the support of the civil Government, it became necessary that the Imperial Parliament should resume the right of taxing the colony to supply the deficiency.