CHAP. II.

CIVIL

PARTITION OF CANADA.
POLICY OF THE MEASURE.
DIVISIONS. - DISTRICTS. - COUNTIES. - TOWNSHIPS. - CLERGY
AND CROWN RESERVES.

THE partition of Canada, in 1791, was by many considered exceedingly impolitic, as the countries through which the St. Lawrence flows seem naturally formed for one general constitution and government, having Montreal for its metropolis.

The chief, if not only inconvenience, that has been experienced in consequence of the division of Canada into two provinces, is the difficulty of appropriating the share, pro rata, of the impost duties levied in the lower provinces on goods consumed in Upper Canada; the trade of which flows in and out of the river St. Lawrence.

I have already, in alluding to the partition of the province, remarked, that the language, laws, religion, tenures, habits, and feelings of the inhabitants of Lower Canada were adapted to a constitution limiting the province to its present boundaries, and requiring particular provisions, such as are granted by the parliamentary act of 1791; and that Upper Canada, by the same statute, received a constitution agreeably to the ideas and habits of its inhabitants. The long line of American boundary, along the St. Lawrence and the lakes on the south and west; and the river Ottawa on the north and north-east form, also, strongly delineated natural boundaries, separating Upper Canada from the United States and from the Lower Province. No satisfactory arrangement for reuniting both provinces under one representative constitution seems practicable.

Upper Canada was divided, in 1792, into the eastern, midland, home, and western districts, bounded by the same limits as those named by Lord Dorchester, in 1778, Lunenburg, Mecklenburg, Nassau, and Hesse. Governor Simcoe divided these into counties and townships, which have, however, since that time undergone several modifications as to boundaries and

name.

According to the Imperial Act of 1791, the province of Upper Canada is bounded by the St. Lawrence and the great lakes on the south and west, and by the Ottawa and the seigniory of New Longueil on the north-east and east; by the Hudson Bay territory on the north, and indefinitely on the west by the Indian countries.

Neither the northern nor western boundaries are well defined, but generally considered as including the countries watered by the streams falling into the Ottawa from the west, and into Lakes Tomiscaming, Huron, and Superior, from the north and northwest, and comprising altogether a superficial surface of about 140,000 square miles, or the vast number of 89,600,000 acres. Of this region, the greater portion, if not all north of Lake Tomiscaming, and of Lakes Huron and Superior, may be considered a hunting country, and, with few exceptions, unfit for agriculture. Of the extensive territory south of Lake Tomiscaming, and bounded by the Ottawa, the St. Lawrence, and by Lakes Ontario, Erie, Sinclair, Huron, and the Georgian Bay, about 22,120,000 acres have been laid out in townships and reservations. About 3,100,000 is reserved for the clergy, and the same quantity for the crown.

The surveyed townships, 316 in number, comprise about or nearly 18,960,000 acres, of which the clergy of the church of England have reservations equal to 2,588,000 acres *, and the crown, 2,588,000 acres, A great part of the latter has been sold to the Canada Company. About 7,850,000 acres have been granted to settlers in free and common soccage; and about 4,934,000, not, however, the best lands, still remain for the government to grant within the surveyed townships.

The Huron tract, granted to the Canada Company, comprises more than 1,000,000 acres. The Indian reserves, about 2,263,000 acres, nearly all waste. The clergy reserves for the Six Nations, about 132,000; and about 860,000 more are reserved by and for the

crown.

The present civil divisions of Upper Canada are eleven districts, divided into twenty-seven counties, eight ridings, and into townships and grants, viz.:

The EASTERN, containing the counties of Glengarry,

Stormont, and Dundas.

OTTAWA, containing Prescott and Russell. Johnstown, containing Grenville and Leeds. BATHURST, containing Carleton and Lanark. MIDLAND, containing Frontenac, Lenox and Ad

dington, Hastings, and Prince Edward.

NEWCASTLE, containing Northumberland and Dur

ham.

HOME, containing Simcoe and York; the latter divided into four Ridings.

Gore, containing Halton and Wentworth.

NIAGARA, containing Haldimand and Lincoln; the latter divided into four Ridings.

London, containing Norfolk, Oxford, and Middlesex.

WESTERN, containing Kent and Essex.

CHAP. III.

CONSTITUTION. - ADMINISTRATION OF JUSTICE. REVENUES.

MILITIA.

THE constitution of Upper Canada is nearly similar to that of Nova Scotia, already described; and the laws and appointments to office only differ in a few instances, to correspond with local circumstances. The chief difference is, that there is a legislative council in Upper Canada, and only an executive council in Nova Scotia, which forms a legislative house during the meeting of the assembly.

The lieutenant-governor is a major-general in the army, and the executive council consists of the Bishop of Quebec, the Archdeacon of York, and four others.

The legislative council consists at present of thirtytwo members, appointed for life, including the Bishop of Quebec, the Roman Catholic Bishop, and the Archdeacon of York.* The chief justice is Speaker of the Council.