lary was annexed to these patent places, the value of them depended upon the fees, which, by my instructions, I was ordered to establish, equal to those of the richest ancient colony. This heavy tax, and the rapacity of the English lawyers, were severely felt by the poor Canadians; but they patiently submitted, and, though stimulated to dispute it by some of the licentious traders from New York, they cheerfully obeyed the Stamp Act, in hopes that their good behaviour would recommend them to the favour and protection of their sovereign.

"As the council-book of the province, and likewise my answer to the complaints made against my administration, have been laid before your lordships, it is needless to presume to say any thing further on that subject, than that I glory in having been accused of warmth and firmness in protecting the king's Canadian subjects, and of doing the utmost in my power to gain to my royal master the affections of that brave, hardy people, whose emigration, if ever it should happen, will be an irreparable loss to this empire; to prevent which, I declare to your lordships, I would cheerfully submit to greater calumnies and indignities, (if. greater can be devised,) than hitherto I have undergone."*

CHAP. VI.

SIR GUY CARLETON'S ADMINISTRATION. - QUEBEC ACT OF 1774. - AMERICAN WAR. - MONTREAL SURRENDERS TO GENERAL MONTGOMERY, WHO IS AFTERWARDS KILLED AT QUEBEC. THE AMERICANS RETREAT FROM THE PROVINCE. - CONSTI

TUTIONAL ACT OF 1791, AND PARTITION OF THE PROVINCE,

NOT AGREEABLE TO THE ENGLISH INHABITANTS. - SIR GUY CARLETON CREATED A PEER. - GENERAL PRESCOT GOVERNOR. -SIR R. MILNES. - SIR JAMES CRAIG.

LIEUTENANT-GOVERNOR GUY CARLETON succeeded Governor Murray, in 1776, but the inhabitants, particularly the English, appear to have been discontented with the new form of administering the laws. Meetings were frequently held, and petitions were forwarded, in order to obtain a constitutional legislative government, which ended, not as the English inhabitants wished, but by restoring Canada nearly to its former condition under the French government. This celebrated act, 14 Geo. III., commonly called the Quebec Act, placed Canada in a situation entirely different from any other British colony. It declared all former provisions made for the province null and void. In place of a Legislative Assembly, the administration was to be confined to the governor, and a council appointed by the king. It established the French laws according to the Coutume de Paris, by which all civil matters were to be adjudicated. In criminal matters, the laws of England were still to

be in force. The French language was also to be used in the courts. The Catholic Church was secured in all the immunities it enjoyed under the French king, with all its former revenues. The seignorial tenures were also to remain undisturbed.

This act, which passed rather hurriedly through the Imperial Parliament, gave no satisfaction to the English inhabitants, who expected to rule over the French Canadians as a conquered people who had lost all their civil and religious rights (comme un peuple qui auroit été dehors de la civilisation). The Quebec Act, however, which was the result of an examination of the statements and petitions of the Canadians, acknowledges, at least, their laws, privileges, and religious establishments.

In the mean time the Stamp Act was submitted to in Canada, which, with the Quebec Act, being, considered by the people of New England as having been passed merely to favour the Catholics, and the refusal also of the Canadians to send delegates to Congress, formed the grounds on which the provincials invaded

Canada.

Longeuil, St. John's, and Chambly were soon after reduced by General Montgomery, an officer of high reputation. Montreal also, in which were deposited a great quantity of military stores and provisions, surrendered to him, in November, 1755. General Arnold having, by another route, reached the St. Lawrence, on the 15th December, they effected a junction of their forces, and on the 31st they attempted to storm Quebec during the night; but General Montgomery was killed, and the Americans completely repulsed. On the following year, a rein

forcement of troops enabled the Canadians to drive the Americans from the province.

In 1776, Lord Dorchester arrived at Quebec as governor-general; but the form of government remained unaltered till 1791, when the Act 31 Geo. III., commonly called the Constitutional Act, divided the province of Quebec into the two provinces of Lower and Upper Canada, and gave to each a separate legislative government, consisting of a governor, council, and House of Assembly. The French laws and language were still to be in full force, as established by the Quebec Act, 14 Geo. III.

The English inhabitants, and their connections in the United Kingdom, exclaimed against the policy of allowing either the old laws or French language to remain in force or usage in Canada, and against the partition. At first their arguments appear, if not quite reasonable, certainly plausible. Some inconveniences may have resulted from the provisions of the Constitutional Act of 1791; but all who study the science of government are convinced that partial evils always attend the laws which are necessary to rule society and preserve the spirit of order in the administration of justice. In passing this act, the object of the government was, to allow the Canadians the benefits of their establishments and laws; and to confide to themselves such alterations in either, as new circumstances might render expedient.

By dividing the province, Mr. Pitt, who agreed to it, acted wisely: each division suited its particular inhabitants. The feelings and prejudices of those who emigrated to Upper Canada were repugnant to those of the lower province; and the Lower Canadians were, from custom and early associations, naturally more attached to their own laws and constitutions.

Nothing could now be more impolitic than to reunite both colonies. Such a measure would cause endless divisions and irreconcileable party spirit.

His Majesty's ministers will, it is probable, hereafter allow each colony the management of their respective local affairs, according to their wants, tastes, habits, and affections; all uneasiness and all difficulty with respect to their government will then cease.

In 1796, General Prescott was appointed governor. During his administration several legislative acts were passed for the improvement of the province; but much of the time of the legislature appears to have been occupied in political disputes of little consequence. Much abuse in the granting of crown lands occurred also about the same time; and the members of the land-granting department having managed to grant each other large tracts of the most valuable lands, to the injury of vast numbers of settlers and emigrants, Governor Prescott and the Chief Justice Osgood disagreed openly and violently on this subject.

In 1800, the affairs of the province were intrusted to the administration of Sir Robert S. Milnes, as lieutenant-governor; and, in 1807, Sir James H. Craig was appointed governor-general. The province, during this period, enjoyed peace; and its trade, in consequence of the disturbed state of Europe, flourished and increased rapidly. Difficulties, however, arose at this time between the governor and House of Assembly; and, in 1810, the resolutions of the House expelling the judges, the pledge of the House to pay the civil list, and the expulsion of