VIII. MEMOIRS OF ZEHIR-ED-DIN MUHAMMED BABER, Emperor page €475 THE WESTMINSTER REVIEW. JULY, 1827. ART. I.—1. Financial Difficulties of Lower Canada. Quebec. 1825. 2. Sketch of Business before the Parliament of Lower Canada. Quebec. 1825. 3. Rapport d'un Comité Special de la Chambre d'Assemblée sur l'Education. Quebec. 1825. THE connexion existing between Great Britain and her colonies is generally believed to be a source of reciprocal benefit; to the colonies, on account of the protection which Great Britain affords them; to Great Britain, on account of the exclusive commerce she carries on with her colonial possessions. Whatever may be our objections to this proposition, considered as an abstract principle, we shall reserve them for another occasion; at present it is our object to prove the opinion ill founded in one particular case; to show that whatever advantage may arise from our other colonial connexions, the connexion now existing between this country and Canada, by subjecting Canada to a host of evils, in the shape of bad government, and this country to a no less fearful list, in that of unrequited expense and a ruinous trade, is productive solely of mischief to both parties. To establish these propositions in a satisfactory manner will, indeed, require considerable space; not more, however, than their importance deserves. If the evil occasioned to Canada by her connexion with England be greater than the benefit we derive from our dominion over her, no honest man would desire to see that dominion continued. Should it appear, however, that we not only harass the colonists, but seriously injure ourselves, com mon prudence should induce us to relinquish our supremacy. That both suppositions are agreeable to the facts, we undertake to prove; and shall proceed to adduce our evidence without further preamble. Canada, when under the dominion of France, was governed by a viceroy, appointed by the French king; was subject to the laws or customs of Paris; and her inhabitants universally professed the Catholic religion. Under the English, a different order of things took place; and the government, after various alterations, was finally established in its present form. These alterations were produced by royal proclamations, by certain ordinances of the English governors, by 14 Geo. III. c. 83, and at length by the celebrated Quebec bill, 31 Geo. III. c. 31. The most important of these arrangements which still subsist, may, as far as regards the present purpose, be stated as follows: The colony was divided into two distinct governments, and what was originally called the Province of Quebec was separated into Upper and Lower Canada. Into Upper Canada the laws of England were introduced without any alteration; while Lower Canada, comprising all the territory peopled by the French, was permitted to be governed according to the customs of Paris, subject to the modifications we shall hereafter mention. To each province a separate legislature was appointed, composed after the model of that of England; viz. 1, of a Governor, to be appointed by the crown, and supposed analogous to the king in our constitution; 2, of a Legislative Council, also to be appointed by the crown, and supposed analogous to our House of Peers; and 3, of a House of Assembly, to be elected by the people, and supposed analogous to our House of Commons. The p cutiv In each province, moreover, a council, called an Executive Council, was established, for the purpose of advising the governor, and constituting with him a court of appeals from the courts of justice below. The members of these councils are to be appointed by the king, or by the governor, subject to the king's approval. trol t cond In each province, also, a Court of King's Bench, of Common Pleas, and an Admiralty Court were established, and justice was appointed to be administered nearly after the forms of the English courts. Fortunately for Canada, no Court of Chancery was thought necessary. The expenses of the civil government were henceforth to be entirely provided for by the people of the provinces, England maintaining what military force, and erecting what forts, she might deem requisite. The protection, then, which England affords to these colonies consists in maintaining a military force for their defence or ted on of th ledge ds to su hence. tionaries mporta 4 and their co have be Canada. 3 subjection, and in furnishing certain persons to fill the offices of governor, of executive and legislative councillors. Whatever benefits accrue to the colony in consequence of its connexion with England must, therefore, arise from these two circumstances alone. The maintaining a military force, however, to hold the colony under our dominion may or may not be a benefit. If the government, as it now stands, be superior to any the colonists could frame when unaided by England, then the maintaining an army to continue them under our control is really beneficial; but it is the contrary, if our government be worse than that which the colonists could obtain without our interference. Before, therefore, we can determine whether the presence of our army in Canada be a benefit or an evil, we must thoroughly understand the nature of the government which it is placed there to protect. The Canadian governments consist of two distinct parts, and we must pray our readers to keep this distinction constantly in view; viz. the portion furnished by the superintending power of England, and that which is afforded by the colonies themselves. In the former of these, if in either, must originate whatever benefit the colonies derive from their connexion with Great Britain. The portion, then, appointed by the superintending power of England is composed of the Governor, the Legislative and Executive Councils. The people of the colony appoint and control the House of Assembly alone. By a comparison of the conduct of these two separate parts of the colonial government, we shall discover if there be any superior excellence in the English section of the administration. If the question were to be decided by à priori presumptions, antecedent to experience, it might certainly be pronounced that of the government of the colony, that portion which is drawn from the colony would be most alive to its interests, and best instructed respecting them. Of the two requisites for a public functionary-probity and knowledge-probity can be reasonably expected only where there is no impunity for improbity; and knowledge of the peculiar wants of a peculiar people, as well as knowledge of the means which the situation of that people affords to supply those wants, can only be obtained by personal experience. It therefore, at least, appears probable that the functionaries appointed by England will prove deficient in these two important qualifications; for the power which appoints them, and whose superintendance is the sole existing check upon their conduct, is at a distance; and the country in whi they have been educated, as it differs essentially in climate B 2 to prove; and shall proceed to adduce our evidence without further preamble. Canada, when under the dominion of France, was governed by a viceroy, appointed by the French king; was subject to the laws or customs of Paris; and her inhabitants universally professed the Catholic religion. Under the English, a different order of things took place; and the government, after various alterations, was finally established in its present form. These alterations were produced by royal proclamations, by certain ordinances of the English governors, by 14 Geo. III. c. 83, and at length by the celebrated Quebec bill, 31 Geo. III. c. 31. The most important of these arrangements which still subsist, may, as far as regards the present purpose, be stated as follows: The colony was divided into two distinct governments, and what was originally called the Province of Quebec was separated into Upper and Lower Canada. Into Upper Canada the laws of England were introduced without any alteration; while Lower Canada, comprising all the territory peopled by the French, was permitted to be governed according to the customs of Paris, subject to the modifications we shall hereafter mention. To each province a separate legislature was appointed, composed after the model of that of England; viz. 1, of a Governor, to be appointed by the crown, and supposed analogous to the king in our constitution; 2, of a Legislative Council, also to be appointed by the crown, and supposed analogous to our House of Peers; and 3, of a House of Assembly, to be elected by the people, and supposed analogous to our House of Commons. In each province, moreover, a council, called an Executive Council, was established, for the purpose of advising the governor, and constituting with him a court of appeals from the courts of justice below. The members of these councils are to be appointed by the king, or by the governor, subject to the king's approval. In each province, also, a Court of King's Bench, of Common Pleas, and an Admiralty Court were established, and justice was appointed to be administered nearly after the forms of the English courts. Fortunately for Canada, no Court of Chancery was thought necessary. The expenses of the civil government were henceforth to be entirely provided for by the people of the provinces, England maintaining what military force, and erecting what forts, she might deem requisite. The protection, then, which England affords to these colonies consists in maintaining a military force for their defence or |