58 Our Colonies: j^JuLy, 



report of the Committee by which they have been investigated, is said to 

 be too uncertain to be entered upon. With every respect for Sir George 

 Murray, whose character and conduct entitle him to the highest and wor- 

 thiest applause, and wliose exertions in his office, are admitted by every 

 one who observes this very interesting part of our policy, to be not less 

 creditable to himself, than useful to the country, we must say, we think 

 the excuse not well founded ; and although a hasty reply, given upon the 

 spur of the occasion, ought not to be canvassed too sti'ictly, we are 

 driven to one of two conclusions, either that, in saying the report was 

 vague. Sir G. Murray said what he really meant, or that he resorted to 

 that as an excuse for the delay which he knew had taken place, in a 

 matter that deserved a more prompt and vigorous proceeding. For the 

 latter, there may be many very valid excuses — that the former is a mis- 

 take, it will be our present business to show. 



The colony of Canada, as it now stands, consists of the Upper and 

 Lower Provinces, which are under separate governments, and the laws 

 affecting which, differ in many important respects. This separation was 

 effected by an act of parliament passed in the year 1791, (31 Geo. III. 

 c. 31,) which vests the power of making laws for the several provinces, 

 in a House of Assembly, and a Legislative Council ; and declares the 

 assent of the Governor to be essential to their being carried into full 

 effect. The greater proportion of the inhabitants of Lower Canada are 

 the descendants of original French settlers, whose language and laws 

 are, for the most part, preserved there. By a royal proclamation, dated 

 the 7th of October, 1763, the king of England declared that all the inha- 

 bitants of the province, and all others resorting to it, should enjoy the 

 benefit of the laws of England; and, in 1774, an act of parliament pro- 

 vided, that the English law should be preserved in all criminal matters ; 

 but that in all controversies relating to property, and civil rights, resort 

 should be had to the laws of Canada for their decision, excepting, only, 

 as to such lands as had been, or should be, granted in free or common 

 soccage. The reason of this provision will be luiderstood, when it is 

 remembered that the French laws of descent, of dower, and those affect- 

 ing, in various other ways, the holding and ti'ansmission of real property, 

 are very different in their natm'e and effect from the English laws, which 

 operate upon lands of soccage tenure. The inconveniences resulting from 

 a mixture of laws in one state are obvious ; but they are, at the same 

 time, inseparable from the condition of such a colony as Canada. It has 

 been the policy of all nations in modern times, to leave to such colonies 

 as have been originally established by a nation different from that to 

 which accident has last consigned the possession of them, the enjoy- 

 ment of their native laws and accustomed privileges. In Denjerara, 

 Berbice, and other colonies under the British dominion, the same prin- 

 ciple has been carried into practice ; and, although it is said to have 

 been laid down as a rule by the privy council of England, that, " where 

 the king of England conquers a country, by saving the lives of the 

 people conquered, he gains a right and property in such people, in 

 consequence of which he may impose upon them what laws he pleases," 

 good sense, and sound policy, as well as justice and humanity, have 

 established a contrary practice. 



In Upper Canada, on the conti-ary, almost the entire formation of that 

 colony having been effected by Great Britain, the laws of this country 

 prevail, and the general features of the institutions are British. Land is 

 granted, subject to the same incidents as belong to it here ; and it descends, 



