C A N A 1) A. 



327 



Cmada. four counsellors chosen by these three, a procurator 

 v general, and a chief secretary. This constitution 

 afterw.irds underwent various alterations. The num- 

 ber of counsellors was gradually increased to tvvlve, 

 and the subaltern judges to so great a multitude, that a 

 litigious spirit began to prevail among the colonists, 

 from the influence of which they have continued to suf- 

 fer even to the present day. During the first four years 

 after the conquest of Canada by the British, it was 

 divided into three military governments, and the of- 

 ficers of the army acted in the double capacity of 

 commanders and judges. The laws of England, 

 howcvi r, were soon established in the province ; and 

 its criminal code, particularly, was speedily ex- 

 perienced to be an inestimable benefit, in comparison 

 with the tyrannical and summary proceedings of the 

 French system. But the English civil laws were 

 not received with equal approbation by the old colo- 

 nists ; and, in 1774, an act of the British legisla- 

 ture restored in their place the old coutume de Paris. 

 A council was at the same time appointed, consist- 

 ing of the lieutenant-governor, the chief justice, the 

 secretary of the province, and 20 other members, 

 chosen indifferently from the French and British re- 

 sidents, invested both with a legislative and execu- 

 tive authority, and possessing power to perform every 

 act of government, except that of imposing taxes. 

 This plan, however, was not greatly relished, either 

 by the British emigrants, who thus found themselves 

 deprived of some of the most valuable privileges 

 which they had enjoyed in their own country, or by 

 the Canadian inhabitants, who had begun to relish 

 the advantages of a free government. Hence, in 

 1791-2, all the benefits of the British constitution 

 were extended to this part of the empire. The co- 

 lony was divided into two distinct provinces, called 

 the Upper and Lower. A legislative council and 

 an assembly were constituted in each, having power, 

 with the consent of the governor, to make laws, 

 which should not be contrary to the acts of the Bri- 

 tish parliament ; but the king has a right to declare 

 his dissent at any time within two years after receiv- 

 ing the bill. The legislative council of the upper 

 province must consist of at least seven members, and 

 that of the lower of 15 ; which numbers, however, 

 may be augmented at the king's pleasure, and has 

 been recently increased to twenty-one. These are 

 summoned by the governor under the royal authori- 

 ty, and are nominated for life, unless they forfeit 

 their seats by an absence of four years, or by pay- 

 ing allegiance to a foreign power. The house of as- 

 se'mbly in Lower Canada consists of 50 members, 

 and in Upper Canada of 16, who are chosen by the 

 freeholders in the towns and counties. In the coun- 

 ties, the electors must be possessed of landed pro- 

 perty to the clear yearly value of 40 shillings or up- 

 wards ; and, in the towns, must possess a dwelling- 

 house and lot of ground to the yearly value of L. 5 

 sterling ; or must have paid, for one year at least, a 

 rent of L. 10 per annum. These councils must be 

 assembled once, at least, every twelve months ; and 

 the houses of assembly continue four years at most, 

 but are subject to be dissolved before the termina- 

 tion of the full period. The governor, together with 

 such of the executive council as may be appointed 



by the king, for the affairs of each province, are to Canada. 

 act as a court of civil jurisdiction for hearing and de- *~f~v m *> 

 termining appeals ; subject, however, to buch ap- 

 peals from their sentence as existed previous to toe 

 passing of the act appointing this constitution. The 

 whole is superintended by an officer styled Governor 

 General of the four British Provinces in North A- 

 merica ; but each of them has a lieutenant-governor, 

 who, in the absence of the governor- general, has all 

 the powers of a chief magistrate. 



It has been questioned, with considerable appear* 

 ance of justice, whether the inhabitants of Canada 

 were sufficiently prepared for such a full extension of 

 the British constitution. The majority of the assem- 

 bly in each province, especially in the Lower, are 

 always of French descent ; and have thus the power 

 of passing such regulations, as may be most agreeable 

 to their views ; while, at the same time, they are ra 

 general very far from being properly qualified, by 

 their degree or" education, or habits of life, to dis- 

 charge the office of legislators. The counties, though 

 large, are so tbinly inhabited, that they can very sel- 

 dom furnish persons lilted to represent them. The 

 few who might be competent to undertake the office, 

 cannot easily leave their habitations and employments, 

 without great detriment to their private interests. 

 Hence it happens, that more than one half of the 

 members of assembly, at least in Lower Canada, is 

 composed of merchants, shopkeepers, lawyers, ace. 

 residing in Quebec and Montreal. The Canadians 

 themselves opposed, at first, the introduction of the 

 present form of government ; and it was procured 

 chiefly by the application of British residents. But 

 in order to have given the latter what they wished, 

 the superiority in the government, as well as upon 

 every principle, which renders a union desirable, there 

 ought to have been only one house of assembly for 

 both provinces. 



For the more regular administration of justice, c<, urti of 

 Lower Canada was, in 1794, divided into three dis- juttice. 

 tricts: that of Trois Rivieres, in which there is only 

 one judge; that of Quebec, in which there is one chief 

 justice, three puisne judges, and a solicitor general ; 

 and that of Montreal, in which there is the same 

 number as in Quebec, with an attorney general ; but 

 both the solicitor and attorney general are competent 

 to attend the several courts throughout the province; 

 and, unless prevented by unavoidable absence, the 

 attorney general conducts all criminal suits in each 

 of the districts. The upper province is considered 

 as only one district ; and has one chief justice, w:th 

 three puisne judges. The chief justices are always 

 British. 



There are about 60,000 militia in Canada, but they Military 

 are neither well clothed nor trained. The English and' etablih- 

 the Canadians also are distributed into separate corps, mem. 

 while the latter are both officered by their own peo- 

 ple and taught their exercise in French, so as to be 

 utterly incapable of acting in the same brigade with 

 British troops. 



The revenues of Lower Canada, consist of the Retrenaeu 

 casual and territorial revenue of the crown prior to 

 the conquest, which has been given up by his majes- 

 ty in aid of the civil expences of the province. This 

 arises from ledroit de quinte lea bet* et tW, (d- 

 1 



