The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1838-01-02 00:00:00

THE CAN ADAS.

As affairs are now, thanks to the Whigs, approaching to what
Cohhett wouid call " a crisis, in the lower provinces, the FM-
lowing .short summary may not be uninteresting:"
The Canadas, previrms to thelear 1759, when they were cen-
Tiered by the immortal Wolfe, were in possession of the
French. By the treaty of Paris (10th February, 1763) they
were formally ceded to Great Britain, and on the 7th of Octo-
ber, in the same year, -his -Britannic Majesty issued a pa nett-
mation, establishing the English criminal and civil code of laws
there. At this time the colonists were chiefly settlers from
France, who were (to use the words of a writer not partial to
the British) "of the lowest and most unfortunate classes of
society," the dregs of the peasantry of " Old France" steeped
in poverty, and immersed in the bigoted and superstitious igno-
rance of the worst days of popish prieStly tyranny. These
settlets carried with them the customs of their country, as re-
spects the feudal tenure of land, and 'the criminal and civil
procedures in their law courts, the former of which (the
seigneurial tenure) exists among their descendants to this day.
These'colonists had expressed themselvei anxious to participate
in the far-famed blessings of the British constitution ; hut,
nevertheless, expected (what was impracliCable), that it should
be founded on, or engrafted with their own cherished customs.
Finding then, that the proclamation in effect; abrogated those
customs, the court of England was thus early beset with clamo-
rous complaints front the colonists, until in 1774, an act (14
Geo. 111., cap. 83); was. passed in the imperial parliament,
whereby their civil righii, and the ancient laws, customs, and
usages, relative thereto, were secured to the Canadian subjects
of the crown. But this act, by re-establishing the ancient laws
oohe country, (lid away with the English one of trial by jury,
and. also the habeas empas act; hence "fresh .grievances"'
arose, which the ministry at home endeavoured to remedy. by
restoring, in 1781, the habeas corpus act; and, in 1785, :he trial
by jury in civil cases. But the restless spirit of the "grievance
mongers" was not yet satisfied; mail at length, wearied by
their incessant complaints, and in order to encourage and pro-
feet the British settlers, who %vete merchants of industry and
enterprts'e, the then ministry (Pitt's) decided on granting' to
the Canadas, a constitution as nearly analogous to that of Eng-
land as the circumstances of the Case would allow.

Accordingly the act of 31st Geo. 111., cap. 31, known as the
constitution of the Canadas, was passed, by which the Canadas
were di: ided into two provinces, the upper anti the lower.
Under this act, cacti province has a governor, a legislative
council, and a house of assembly, in imitation of onr king. lords,
and commons. The governor is asaisted by an executive coun-
cil similar to our privy•eouticil. The legishitive council consists
of 31 members-who are- appointed bythe crown for life. The
house of assembly consists (488 members. the only qualification
required from.wlioto is a 40s. fret, or•freehrold in the country, or
a 51. one, or paying .101. a-year rent in a city or town. From
this extremely low qualification, it may, be•easily imagined what
sort of a house Lower Canada possesses.' The legislative coun-
cil being composed of men of wealth and intelligence, and chiefly
of British settlers, and •consequently of men disposed to assist
in further ing the views of the enlightened statesmen who framed
the constitution, became of a body, almost ob initio, an object
of hatred and envy to the lower house, the majority of whom
were elected from the French settlers,•then, as now, the cham-
pions of anarchy and admirers Or disorder,-and strongly embued
with the worst principles of the first French resolution, The
colony continued, however% to thrive, by the steady industry
and active enterprise of the British settlers, but the malcontents
kept up a constant state of excitement and disturbauce, and
fresh '• grievances" were continually issuing from the revolu-
tionary forge. At length Sir Claig, who was appointed
governor in IRI7, endeavoured to not a soon to the doings of
the "agitators." On the 17th of March, 1810, a revolutionary
paper. called Le Canadien, was seized, and several of the lead- •
ing demagogues (among a horn, as is now the case, were several
provincial M.P.'s) were arrested; but, after being kept in pri-
son, they were released. One, however, an advocate, refused to
accept hie liberty, and, aspiring tolthe glories of a martyr, stated
his determination to die it) prison.- At the expiration of twelve
months,. hoaever, the •6 warier'' was again offered his liberty,
and did not think proper to refuse
Sir James Craig, being too efficient a governor, was recalled
by a Whig ministry, who, determining to act on the mistaken
plan of conciliating the rebels, sent toot Sir George Prevost; the
first act of whose government was to reward those who had con-
spired against the constitution of the country, by giving them
honourable and lucrative places! The obstinate advocate al-
luded to was permitted to suffer martyrdom in the lucrative
post of a judge !—a tit person, surely, to administer laws against
which he had rebelled. The effect of these silly lout truly whin.:
gist proceedings was as might have been expected. The rebels
became rampant. The house ,of assembly took it into their
'wise heads to impeach the two chief justices of the province.
for baying advised Sir George Prevost to punish the traitors.
They accordingly voted the impeachment of those learned per-
sonages, and coolly demanded of the governor to suspend the
exercise of their judicial functions. In thesi factious proceedt
ings, however, the legislative council very properly refused to
join, and, itt consequence, the governor as properly refused to
comply with the modest 'request of the house. They were, now
in a state of fury, anti, in return for Sir George's conciliatory
conduct, passed a resolution couched in leans of insult to the
governor. The privy council at 'mane heard and iudig,nantly
-dismissed their complaint: but the restless malcontents perse-
vered, and during the excitement that now prevailed, and while
a petition to the Prince Regent was being cepcocted, their par-
liknetit was dissoHed.. Pour Sir George was so worried los these
factious proceedings', that :he retired in disgust. and-ill health,
and died on his passage homewards. , . . • .

- - - • .
The Doke Of *Rich;.tiond succeeded; and it was durog his
government that the differences between the legislative council
and the house of Assembly, relative to the.supp!ies, first arose,
and which are still not altogether settled. The House of
Assemble refused to vote the neceisary situps for the civil service
of the state, except in such manner as they, in the plenitude of
their wisdom, should think proper. ThiS the upper house re-
fused to sanction. The latter had also Se‘'etaltimes-rejected a
bill to maintain a journeytnan 2riev,,nce,b,inger in England
to worry and annoy the cabinet at home. This latter point has
since been conceded to them.
Lora Dalhousie succeeded to the government on the death
he Duke of Richmond, and he proceeded with firmness and
vigour to crush the rebels. The House of Asiembly having
(Nov. 20. i 817) again elected the notorious Papineau as their
speaker, the governor refused to approve the appointment, and
on the 22i1 prorogued the parliament. The whole province
was now taised by the tnalcoments; an l Papineau, being thus
virtually dpplived of his salary of £l,OOO a-year. as speaker,
was, or course, to be found among the forethost of thejncen-
diaries

Lord Dalhousie was recalled, and Sir James Kempf sue-
ceededed ; but he was not suflicimitly firm to put down the
spirit of rebellion, and consequently the rebels gained head
against the government.

At lengthl.MtiG7isford was Pent out by the whigs, with
powers to treat with the rehes; and to cheerfully acquiesce in
many of their extravagant and impudent demands. even
these concessions have been found unavailing, having only
s"rved to create fresh "grievances;" and the consequence is
now, as it ever will be, while the vacillatina sedition-fostering
policy of the whigs was adhered to, rebellion is " up in arms"
against the constituted authorities.

The demands of the faction at present are :—To make the
legislative couned elective; to acquire to themselves the abso-
lute power of making laws; to regulate and confront the exe-
cutive ; to have no persons appointed to judicial or official
situations but such as I h v approve of; and, in fine, that the
constitution shall be practically a nullity NCI far as they and
their partisins are concerned. Some of their demands, as we
have said, have been conceded.. hut. when they shall have oh-
tained all that the' at prexent tequire, it is not difficult to fore-,
see that fresh ":rievances," by the aid of such enlightened
statesmen as Messrs. Roebuck, Flume, Leader, &c., can easily_
be fabricated, until, in disgust, the mother country will be Om-