readily conclude that I must see with pleasure your proposal for encreasing the Allowance to the Catholic Bishop adopted almost to any extent, if it can prove the means of restoring to the King's Representative in Canada that power and controul which are essentially necessary to his authority, and which is expressly laid down by the 44th Article of your Instructions above alluded to.

The third and last cause of the preponderance of the popular influence, viz., the situation of the Canadian Government with regard to its Militia appears to me to carry with it, its own Remedy; inasmuch as the Establishment itself is capable of being converted into an Instrument of considerable Weight and authority in the hands of the Executive Power, provided the measure I have to suggest should meet the opinions and sentiments of the Canadians themselves according to your statement what seems to be wanting is to put the Militia upon such a footing that its being called out shall be so much for the Interest and advantage of those that compose it as to render it favorable to the measure. With this view I have examined your Militia Acts of May 1794 and May 1796, and the particular in which they strike me as being defective is that they contain no Provision for the Annual Meeting of the Militia or even any part of it, except for two days in the year for the purpose of being mustered; what I would propose therefore is (in case of its meeting with the approbation of the Legislature) that a certain proportion of the Militia to be chosen by Ballot should be called out to be exercised for 3 weeks or a month in each year during which time the Officers and men who shall be called out should be allowed the same pay and subsistence as His Majesty's Regular Troops. It would of course be provided that the men who should be chosen by Ballot in any one year, should not be ballotted for again until the residue of the militia should have been called out; by which means all the Officers and men would take their regular tour of duty & partake of the advantages arising from their being called out.

The adoption of this part of our Militia Law (with such variations as local circumstances may call for) will necessarily require that another part of it should be adopted, viz., the permanent pay of an Adjutant to each Regiment and of a certain number of non-commissioned officers, fifes, Drums as in the militia of this Kingdom.

In amending the Canadian Militia Bill in the manner I have suggested, Provision might also be made for such other Appointments as would be necessary during the time of the annual exercise of that portion of the Militia which may be called out. What the number and description of those appointments should be, must depend upon the number of militia men to be called out and must therefore be regulated on the spot.

You will understand that I am only stating the outline of such amendments to your Militia Laws, as I conceive to be most likely to secure the objects you have in view, and to create and establish that interest and connection which should subsist between the Militia and the Executive Authority of the Province.

Should you be of opinion that these amendments will meet with the concurrence of the Legislature, the sooner they are digested and put into proper form with the Assistance of the Executive Council and the Law Officers of the Crown, the better; and you will as immediately as possible transmit to me an Estimate of the additional expence which will be created by them, in forming which Estimate I am confident you will take care to keep it as Low as the object to be attained by the adoption of the proposed amendments will allow of.

These leading points relative to the Roman Catholick Clergy and the Militia being carried, every future step which is made in the settlement of the Province must, by making Grants of the Waste Lands of the Crown to Protestants upon the conditions, and subject to the Regulations now finally established and acted upon in the Land Granting Department neces sarily tend to lessen the degree of popular influence which is at present possessed by that description of His Majesty's Canadian subjects which constitutes so great a proportion of the inhabitants of the Province at large.

I need not add that I shall be anxious to receive your answer to this letter, as well as the further details which you promise to communicate to

me.

I am, etc.

PORTLAND.

LXVII

OBSERVATIONS ON THE GOVERNMENT OF CANADA BY JOHN BLACK1

[Trans. Doughty and McArthur.)

To Field Marshall His Royal Highness Duke of Kent.

9 Oct., 1806.

The following observations are humbly submitted to your Royal Highness for the information of His Majesty's Ministers which I trust will show that the existing laws and Constitution of His Majesty's two Provinces of Upper & Lower Canada are unequal to the promoting of those subjects so necessary for the good of this Kingdom to which the Canadians are so well calculated essentially to contribute. By the Legislature of Lower Canada, the goods bound through that Province to Upper Canada are subjected to a Duty, notwithstanding they have each a separate Government, an Upper and a Lower House of Parliament to Legislate for themselves-this will ultimately lead to mischief although Lower Canada accounts to Upper Canada for their proportion'.

The House of Assembly of Lower Canada is composed of Fifty Members, and notwithstanding the Government and Commerce of the Colony are in the hands of the English, still at the General Elections British Influence can never get more than Twelve Members returned who have to contend with the passions and prejudices of Thirty eight French; the majority of whom are by no means the most respectable of the King's Canadian Subjects; the cause of this is the British Act of Parliament which gives to the Provinces their present Constitution-by that Act the following qualifications are required of the Electors (vizt.) in the Cities of Quebec and Montreal, Rent to the Amount of ten pounds p. annum or real property to the Amount of five Pounds p. annum, and in all the Counties two Pounds property entitles them to a vote, but no qualification is required by the Said Act for the Candidate, by which means immediately preceding all General Elections not only the nefarious & the Political Bankrupt, the Demagogue and the insidious and Ambitious title of Friend of the People are all united in the Same Person, which makes the Country ring throughout into the word "dont vote for an "English-Man, dont vote for a "Seignior, a "Merchant, a “Judge or a “Lawyer, all of whom are represented to have an interest in Taxing and oppressing the poor, in consequence of which, a number of the representatives are contracted in their ideas & Education, and of course inadequate to judge of the propriety of enacting Laws which in critical Times prudence and foresight would dictate, such as the Alien Act, the suspension of the Habeas Corpus, or any other tending to strengthen His Majesty's Government.

Another existing evil which I humbly submit to your Royal Highness is regarding the Government of the Militia in Lower Canada, the English and French Militia being kept in two distinct bodies, the one with the English, the other with the French word of Command, is as impolitic as absurd; for instance in Case of Insurrection Rebellion or Invasion by a Foreign Enemy, the Officer commanding His Majesty's Forces would of course give the word of Command and in the English Tongue, a great

1 Black was an Englishman who had resided in Canada for many years and was a member of the Legislative Assembly of Lower Canada from 1796-1800. His "Observations" supplement Milnes' report (see No. LXV).

2 See p. 219.

See Constitutional Act, § XX. (No. LV.)

proportion, however, of the aid in which under such circumstances the Country reposes speaks the same language and receives the same word of Command as the assailants, the consequences of such a system are not so difficult to forsee as they are to contemplate with Horror.

His Majesty's Dominions in America in their present disjointed state are dangerously weak from the following reasons (vizt) one province is not bound by Law to assist the other if attacked by an Enemy in case of Treason raising her standard in the Country, or if attacked from without by a Foreign Enemy, might not a misunderstanding take place between the General commanding the Kings Forces and the General commanding the Militia arising solely from this cause, similar to the differences which occurred in Sepr., 1759, amongst the French Officers, who were jealous of the Fame of General Montcalm and which contributed so much to the ultimate subjugation of the Province.

Your Royal Highness will perceive that one Colony in the event of an attack, as things are at present, not only receives no aid from the others, but by the misunderstanding which it is possible might arise between the General and Governor, they might even become hostile to each other at the moment of danger.

The Remedies which I would suggest for the Evils classed under the different Heads is to unite the Provinces of Upper and Lower Canada if it conveniently can be done, if not erect eight new Counties on the three Million acres of Land recently granted who would return two Members each-to make the Parliament sit for seven years in lieu of four years, and render a qualification necessary for every Member to the extent of at least one hundred and fifty pounds p Annum in landed property, or a permanent Salary to that amount-I should here wish to observe to your Royal Highness, the impossibility the Country can prosper under the present constitution which draws forth a majority of the most inflamed of the worser order, whilst the qualification proposed would draw forth the Sense and Education of the Country.

The uniting the Provinces or erecting eight new Counties would bring the English considerably nearer the French in point of Number, and as it is but too evident in all Countries the Head of a Party will prostitutionally oppose His Majesty's Government untill they are called into power or obtained some situation equal to their views.

By having a seven years Parliament Your Highness will perceive that the evil of being obliged to provide for such scrambling Demagogues will more seldom occur; either uniting the two Provinces or erecting new Counties will add eight Members to the Legislative Council.

The Remedy for the evil complained of under the paragraph No. 6 with humble duty and submission to Your Royal Highness seems to require a measure calculated to unite the interests of the different Provinces, which I conceive cannot be effected in any other way so well as by His Majesty's Government appointing a Governor General and a Commander in Chief invested in the same person for the four Provinces with a Lieutenant Governor in each Province to give or withold the Royal assent to the Laws, and Patronage would in that case be equal to keeping the Parliament in order, by which means Laws would be soon made for the Provinces reciprocally to aid each other in time of danger, the Governor General and Commander in Chief I should conceive would be the proper person to receive all communications, Civil and Military Post Master General, Etc., Etc., and should be Master of the Geography of the County, the English, French and German Languages, it is also necessary he should be well acquainted with the four Provinces and the Characters of those in power at present, with the Manners and Customs of the French and Germans also, if possible, as there are a considerable number of both in british America.

All of which is humbly submitted to Your Royal Highness who I hope will have the gracious and condescending Goodness to put a favor

able construction on the humble efforts thus made for the good of my Country, for whose welfare Your Royal Highness is well acquainted how much I have suffered during these last twelve years and upwards and if I am so happy to give one single new idea, I shall consider it the hap piest moment in the Life of

Your Royal Highness's, most devoted humble,
and most obedient Servant,

JOHN BLACK, Paul Street, Finsbury Sqre.

9 Octr., 1806.

LXVIII

OBSERVATIONS RELATIVE TO THE POLITICAL STATE OF LOWER CANADA, BY MR. RYLAND1

[Trans. Doughty and McArthur.]

May, 1808 (?).

There is reason to apprehend that the time is fast approaching when the House of Assembly of Lower Canada will become the centre of sedition, and a receptacle for the most desperate demagogues in the Province; nor does there at this moment appear to be any existing means, (except such as arise from the known vigour and ability of the Governor in Chief,) to counteract the projects which such a House of Assembly may form.

To remedy the evil it will require much wisdom, joined to a preponderating English influence, both in the Legislative and Executive Councils. It will equally require intelligence, firmness and capacity on the part of His Majesty's Justices of the Provincial Courts of King's Bench, who may eventually have to decide on points of the highest importance arising out of the wild, disorganizing pretensions of the Assembly.

It must be evident to every person who is acquainted with the actual state of things here, that neither the Bench nor the Councils, as they are at present composed, would be able to afford an adequate check to a bold, systematical attempt on the part of the Assembly to obtain a mischievous proponderance in the Provincial Legislature; much less could those bodies be expected to co-operate in a general plan for assimilating the Colony in its religion, laws and manners, with the Parent State.

It is humbly suggested that, preparatory to measures of a more particular nature, it would be advisable to add eight or ten members to the Legislative Council, three or four of whom might be Canadians of the most respectable character and families, and the remainder Englishmen of the best stamp and abilities, that are to be found in the Province, and whose attendance might at all times be depended on. It may be well deserving the attention of Government to consider whether it would not be advisable to give a seat in the Council to two or more Military Officers of the higher ranks holding staff appointments in the Province, that may be regarded as permanent.

It is suggested that the two senior Judges at Quebec, (who are both of them upwards of seventy-three years of age,) should be permitted to retire on pensions; that, in appointing their successors, the utmost care should be taken to select men of capacity and firmness; Englishmen whose natural ties and habits attach them to the laws and religion of the Parent State.*

By English in here meant persons born and educated in any part of His Majesty's European Dominions.

1 Herman Witsius Ryland (1760-1838) was an Englishman who held several official appointments in Canada. He was strongly anti-French and represented Sir James Craig in England on an unsuccessful political mission. He had considerable influence over Milnes (see No. LXV). His writings and letters are the best contemporary com. ment on the ideals of the extreme British party.

*Mem. Subsequent experience hath deeply convinced me, that infinite advantage to the King's interests would be obtained by choosing from among the practitioners at the bar at home, (and upon the recommendation of the Lord Chief Justice), not only the Provincial Attorney and Solicitor General, but the two Chief Justices (if two be necessary), and at least one-third of the Provincial Puisné Judges, the latter of whom should have seats in the Legislative (but not the Executive) Council. By this means the Crown might secure to itself the support of firm, able, upright and dignified characters, men attached by birth and education to the Parent State and to Monarchical principles, and there is no doubt but it would in the end be found infinitely less expensive to secure the services of such men by competent and liberal salaries than to incur the risk of having the Province revolutionized through the want of them. Above all things, however, care should be taken that these appointments may not degenerate into a job, and that the places be not chosen for the men, instead of the men being chosen for the places. Such a system of patronage would only render matters worse.

With a view to the furtherance of the objects contemplated, it would be advisable to establish a corporation for the advancement of learning, agreeably to the Provisions of the Provincial Statute, 41 Geo. III, cap. 17, and to solicit His Majesty's decision with respect to the Jesuits and the St. Sulpician Estates'.

It will be seen on a perusal of the Act above mentioned, that a most powerful means is thereby afforded for encreasing the influence of the Executive Government, and for gradually improving the political and religious sentiments of the Canadians.

Connected with the above objects, the settlement of the waste lands of the Crown becomes a matter of the utmost consequence. The system of associated companies, which was adopted for this purpose in the year 1793, may now be considered as abandoned; but the Royal Instructions of August, 1807, to the present Governor in Chief, shew that it is not His Majesty's intention to restrict or regulate the granting of the waste lands in any other way than that which was prescribed by the Instructions of 1791 to Lord Dorchester.

This being the case, and the project afterwards brought forward of selling the waste lands for the purpose of raising a revenue, having failed, it is to be presumed that the Governor and Executive Council are left at liberty to adopt such a system as they shall think proper, under the present Instructions, for encouraging the settlement of the country; and nothing would so effectually contribute to this end as an Act of the Imperial Parliament, empowering the Governor with the advice of the Executive Council, in cases where the inhabitants of any township, (or several townships collectively, to be formed into counties or districts,) shall amount to a certain number of freeholders, (say one or two thousand, and upwards,) to issue a write authorizing the election of a member to represent such township, county or district, in the Assembly. Such an Act would not only encourage the settlement of the waste lands, and attach the inhabitants of the townships to His Majesty's Government, by enabling them to participate in the legislation of the Province, but it would provide an effectual check upon the French or Roman Catholic party, which has at this time an alarming preponderance.

It may be here remarked that the English settlers in the townships are estimated at upwards of fourteen thousand, and that the division of the Province, pursuant to Lieutenant Governor Clark's proclamation, (under the Canada Act of the year 1791,) for the purpose of regulating the election of members to serve in the Assembly, was made prior to the erection and settlement of the townships, and secure the election of two 1 See correspondence in Christie, History of Lower Canada, Vol. VI.