The Loyalists of America and Their Times Volume II Part 27

"We cannot express the emotions which arose in our b.r.e.a.s.t.s, on that ever-memorable day when we entered on the enjoyment of a Const.i.tution a.s.similated to that form of government which has carried the glory of our mother country to the highest elevation. * *

"It is an unparalleled happiness for us to have an opportunity of presenting to his Majesty our loyal thanks, and of expressing to him our grat.i.tude; such homage is the language of our hearts, and it is due from us, for all the favours with which we have been loaded. That duty fulfilled, we will turn our attention with most ardent zeal to framing such laws as may tend to the prosperity and advantage of our country.

"We hear with pleasure that Great Britain is at peace with all the world, and we consider this as the most favourable time for the consideration of the objects that fall within the sphere of our charge, to cultivate harmony among ourselves and each branch of the Legislature; that it is a condition essentially necessary to the public good and our own private satisfaction.

"We will at all times give the most speedy and deliberate consideration to such messages as we may receive from your Excellency."

Throughout this address of the a.s.sembly there is the true ring of manly sincerity, and heartfelt loyalty to the Throne and to the unity of the empire. The Governor soon sent several messages to the a.s.sembly, submitting, by command of the King, various subjects for their consideration, for which he received their cordial thanks, and a.s.surances that the subjects submitted would receive their best consideration.

There was one subject of discussion which created much feeling and protracted debate--namely, the language in which the proceedings of the a.s.sembly should be conducted, recorded, and published; but the rising storm was allayed and unity restored by the decision to leave each member at liberty to address the House in French or English at his pleasure--to have all motions, before being put to the House, read in both languages, and the record of the proceedings kept and published in both languages--a happy arrangement, which has been continued to this day.

The House of a.s.sembly, in their reply to the opening speech of the Lieutenant-Governor, expressed their intention of presenting their heartfelt thanks to his Majesty for the new and liberal Const.i.tution conferred upon them. That truly loyal address was as follows, and does lasting honour to its authors and the Imperial Government:

"We, your Majesty's most dutiful and loyal subjects, the representatives of Lower Canada, met in a.s.sembly for the first time under our new Const.i.tution, humbly approach the Throne, to express to your most gracious Majesty our sentiments of grat.i.tude and joy on the happy change which has taken place in the forms of our government.

"The Const.i.tution which it hath pleased your Majesty and Parliament to give us, modelled upon that of Great Britain--a Const.i.tution which has carried the empire to the highest pitch of glory and prosperity--a.s.sures to this colony the most solid advantages, and will for ever attach it to the parent State.

"Now, partaking without distinction the benefits of a government which protects all equally, we offer our thanks to Divine Providence for the happiness prepared for us. Our prayers are for the general prosperity of the nation of which we make a part, and for the preservation and felicity of our august and virtuous Sovereign.

"May it please your Majesty to receive favourably our respectful homage, and permit us anew to express our loyalty and attachment.

"May it please your Majesty and Parliament to receive our most humble thanks for the favour conferred upon this colony.

"Such are the heartfelt wishes of the representatives of the people of Lower Canada."

Such were the auspicious circ.u.mstances and cordiality of feeling attendant upon the inauguration of const.i.tutional government in Lower Canada. The session continued upwards of four months--from December until May--during which time a great many subjects were introduced respecting expenses and revenues, salaries of officers, affairs appertaining to legislation, to the militia, to the administration of justice, and the welfare of the country; but only eight _Bills_ were pa.s.sed, and which were a.s.sented to in the King's name by the Lieutenant-Governor, who prorogued the Legislature on the 9th of May, 1793, with a short and complimentary speech.

It is not my object to narrate in detail the legislation or proceedings of any of the colonies, except in so far as may be necessary to ill.u.s.trate the history of _the Loyalists of America_. A most impressive ill.u.s.tration of true loyalty was given by the a.s.sembly of Lower Canada before the close of its first session. In the Lieutenant-Governor's speech at the opening of the session, he informed the Legislature that Great Britain was at peace with all the world, and that there was no apprehension of its interruption. But before the close of the session intelligence was received at Quebec that the revolutionary authorities of France had declared war against Great Britain.

On the 25th of April, 1793, the Lieutenant-Governor sent a message to the a.s.sembly, informing them that he had received a letter from the Secretary of State, of the 9th of February previous, stating that "the persons exercising the supreme authority in France had declared war against his Majesty."[159]

The answer to the message breathes the _Loyalists'_ spirit. They thanked his Excellency for his message, and a.s.sured him that "it was with horror they had heard that the most atrocious act which ever disgraced society had been perpetrated in France (alluding to the recent decapitation of the unfortunate Louis XVI.), and that it was with concern and indignation they now learned that the persons exercising the supreme authority there had declared war against his Majesty.

"His Majesty's faithful subjects earnestly pray that his arms may be crowned with such signal success over his enemies as shall speedily bring about a peace honourable, safe, and advantageous to his Majesty and the empire."

In conclusion, the a.s.sembly a.s.sured his Excellency that "the House would immediately proceed to a revision of the Militia laws, and if alterations and amendments were necessary they would make such amendments as should be deemed the most fit and proper to secure and protect the province from every insult and injury of his Majesty's enemies."

At the close of the session, after a.s.senting, on behalf of the King, to the eight Bills which had been pa.s.sed, the Lieutenant-Governor delivered the proroguing speech, in which he thanked the a.s.sembly for the diligent and practical consideration which they had given to the various subjects which had been submitted to them, and the "further regulations necessary for the better organizing and more effectually calling forth the militia for the defence of this extensive and valuable country, when our enemies of any description shall make it necessary." His Excellency alluded to the war of the rulers of France against England in the following words:

"Gentlemen, at the first meeting of the Legislature, I congratulated you upon the flattering prospects which opened to your view and upon the flouris.h.i.+ng and tranquil state of the British empire, then at peace with all the world. Since that period, I am sorry to find its tranquillity has been disturbed by the unjustifiable and unprecedented conduct of the persons exercising the supreme power in France, who, after deluging their own country with the blood of their fellow-citizens, and imbruing their hands in that of their Sovereign, have forced his Majesty and the surrounding nations of Europe into a contest which involves the first interests of society. In this situation of public affairs, I reflect with peculiar pleasure upon the loyal and faithful attachment of his Majesty's subjects of this province to his royal person, and to that form of government we have the happiness to enjoy."[160]

The second session of the Parliament was summoned by Lord Dorchester himself, the 11th of November, 1793.[161] This session lasted seven months and a half, though only six Bills were pa.s.sed. In his speech at the opening of the session, Lord Dorchester recommended the due administration of justice, together with the arrangements necessary for the defence and safety of the province, as matters of the first importance. His Excellency also informed the a.s.sembly that he would order to be laid before them an account of all the receipts of the provincial revenues of the Crown since the division of Upper and Lower Canada.

The purport of his Excellency's speech, and the spirit of the a.s.sembly, and the relations between the colony and the parent state, may be inferred from the following cordial and complimentary address of the a.s.sembly in answer to the Governor's opening speech:

"Fully convinced of the happy effects to be derived from a solid and invariable administration of justice, and of the indispensable necessity for an establishment for a.s.suring the defence and safety of the province, we will lose no time in resuming the consideration of these important subjects, and in making such amendments in the existing laws as may best protect the persons and property of its inhabitants.

"By receiving from your Excellency an account of the receipts of the provincial revenues of the Crown, we shall be enabled to deliberate on the means by which they may be rendered more productive; and penetrated with grat.i.tude to the parent state for having hitherto defrayed the surplus expenditure of the province, we flatter ourselves that, in consideration of our situation, we shall continue to receive her generous a.s.sistance--a hope further strengthened by your Excellency's intention of not requiring from us any subsidy at present, which confirms the benevolence of the mother country.

"In the infancy of our Const.i.tution, we perceive the necessity of greater circ.u.mspection in the formation of laws that may tend to support and establish it; and also to cultivate amongst the different branches of the Legislature that cordial harmony and concord so necessary to promote the measures essential to the happiness and well-being of our country."

The a.s.sembly bestowed much attention upon the Judicature Bill of the previous session, and on the Militia Bill, and brought them to maturity; also an Alien Bill was introduced and pa.s.sed, establis.h.i.+ng "regulations respecting aliens and certain subjects of his Majesty, who have resided in France, coming into this province and residing therein, and for empowering his Majesty to receive and detain persons charged with or suspected of high treason, and for the arrest and commitment of all persons who may individually, by seditious practices, attempt to disturb the government of this province."[162]

It happened at the commencement of this session that Edward, Duke of Kent, the father of our beloved Queen Victoria, was in Canada, and held military command of the troops. The day after the a.s.sembling of the Legislature, the a.s.sembly presented him with a most cordial and affectionate address, as did subsequently the Legislative Council, clergy, and citizens of Quebec, Montreal, and Three Rivers, styling the prince "the son of the best of sovereigns." The prince delighted all by his answers, his amiable manners and exemplary conduct. All were especially delighted with his declared disapprobation of the terms _the King's old and new subjects; French and English inhabitants_. He said all were "the King's Canadian subjects."[163]

Lord Dorchester transmitted to the a.s.sembly, on the 29th of April, 1794, a message peculiarly interesting from its being the first financial statement laid before the Legislature of Lower Canada. The message commences: "The Governor has given directions for laying before the House of a.s.sembly an account of the provincial revenue of the Crown from the commencement of a new Const.i.tution to the 10th of January, 1794."[164]

The House, by an address, thanked his Excellency for the message and papers accompanying it; they observed that they saw in it an additional proof of the paternal solicitude of his Majesty to ease the burdens of his subjects, and of his Excellency's anxiety to promote the interests of this province; and that the magnitude and utility of the objects recommended to their consideration could not fail engaging their serious attention as soon as the important matters now before them, and in a state of progression, were accomplished.[165]

In closing the session, the 31st of May, 1794, Lord Dorchester a.s.sented, in the King's name, to five Bills, reserving the Judicature Bill for the royal pleasure (which was approved and became law the following December), and one for appointing Commissioners to treat with Commissioners on behalf of Upper Canada, relating to duties and drawbacks to be allowed to that province on importations through the lower province. The closing speech of his Excellency, among other things, contained the following words:

"I have no doubt that, on returning to your respective homes, you will zealously diffuse among all ranks of people those principles of justice, patriotism, and loyalty which have distinguished your public labours during this session, and that you will use your best exertions to find out and bring to justice those evil-disposed persons who, by inflammatory discourses, or the spreading of seditious writings, endeavour to deceive the unwary and disturb the peace and good order of society; and that you will avail yourselves of every opportunity to convince your fellow-subjects that the blessings they enjoy under a truly free and happy Const.i.tution can be preserved only by a due obedience to the laws, all breaches of which are the more inexcusable as the Const.i.tution itself has provided for the safe and easy repeal or modification of such as may not answer the good intentions of the Legislature."

The interval between the close of the second and the opening of the third session of the Legislature, from the 31st of May, 1794, to 5th of January, 1795, quiet and contentment prevailed in the province; and the short speech of Lord Dorchester (for his speeches were always short and to the point) at the opening of this third Session was chiefly one of congratulation, commendation and suggestion. Among other things he said:

"Gentlemen, I shall order to be laid before you a statement of the provincial revenues of the Crown for the last year, together with such part of the expenditure as may enable you to estimate the ways and means for the most necessary supplies, in bringing forward which you will keep in view the advantages of providing for the public exigencies by a prudent restraint on luxuries, and by regulations which may, at the same time, encourage and extend commerce.

"Gentlemen, the judges and law officers of the Crown have been directed to draw up and report their opinion on the subject of your address to me on the 28th of May last" (this related to the establishment of forms of proceeding in the courts of justice, and a table of fees to which the different civil officers, advocates, notaries, and land surveyors should be ent.i.tled in their respective offices); "and I have much satisfaction in perceiving this early disposition on your part to prevent and guard against abuses which might impede the course of justice, or give rise to customs that would establish oppressive demands, and gradually efface from our minds a due sense of their unwarrantable origin.

"Your own disinterested conduct in your legislative capacity; your zealous endeavours to promote a general obedience to the laws, connected with a benevolent attention to the interests of the subject, form a solid foundation for government, and afford me great hopes that our new Const.i.tution will be firmly established, and ensure, for ages to come, the happiness of the people."

Referring to this speech of Lord Dorchester, Mr. Christie well remarks: "The foresight, the rect.i.tude, the wisdom of this most upright man and virtuous governor, cannot fail to strike the reader, and command his respect and admiration."

As might be expected, the address of the House of a.s.sembly in answer to the Governor's speech was equally cordial and a.s.suring, concluding with the following words:

"It is highly flattering to us that our conduct in our legislative capacity has met with your Excellency's approbation. Being thoroughly sensible of the happiness we enjoy under the free and liberal Const.i.tution which has been granted to us by the parent state, under your Excellency's prudent and wise administration, we will continue to exert our most zealous endeavours to promote a general obedience to the laws, and to establish that Const.i.tution in such a manner as may ensure for ages to come the happiness of the people."

On the 16th of February, 1795, the Governor sent a message to the a.s.sembly, transmitting "the accounts of the provincial scheme of the Crown from the 6th of January, 1794, to the 5th of January, 1795, also of the civil expenditure for the same period."[166]

The Commissioners appointed under the Act of the previous session, to treat with Commissioners on behalf of Upper Canada concerning duties and drawbacks to be allowed in favour of that province, reported that they had met and finally adjusted with them the sum to be reimbursed to Upper Canada for 1793 and 1794.[167]

Several important Acts were pa.s.sed this session relating to revenue, defraying the charges for the administration, the support of the civil government, and for other purposes. On the 7th of May, his Excellency prorogued the Legislature with a speech which contained the following paragraphs:

"Gentlemen, I cannot put an end to this session of our Provincial Parliament without expressing my approbation and thanks for that zeal for the public welfare which has distinguished all your proceedings.

"Gentlemen of the House of a.s.sembly, the cheerfulness with which you have granted a supply towards defraying the civil expenditure of the province gives me great satisfaction; the judicious choice you have made of the means for this purpose, evinces a tender regard for the interests and condition of this country; and the unanimity in this tribute of grat.i.tude and attachment to the King's government cannot but be highly pleasing to his Majesty."

The fourth and last session of this Parliament was summoned for the 20th of November, 1795, and continued until the 7th of May, 1796, during which twelve Bills were pa.s.sed that received the royal a.s.sent. In his opening speech, his Excellency expressed his "great satisfaction to observe, during the present session, a continuance of the same zealous attention to their legislative duties, and to the general interests of the province, which he had occasion to notice in their former proceedings." His concluding words were:

"Gentlemen of the Legislative Council, and Gentlemen of the House of a.s.sembly, in expressing my approbation of your proceedings, I must further observe that the unanimity, loyalty, and disinterestedness manifested by this first Provincial Parliament of Lower Canada, have never been surpa.s.sed in any of his Majesty's provincial dominions; and I feel convinced that the prosperity and happiness of this country will continue to increase in proportion as succeeding Parliaments shall follow your laudable example."

Thus ended the first Parliament of Lower Canada; thus was inaugurated and consolidated its government, which, without the strife of partizans.h.i.+p or the machinery of party, was pure, just, mild, economical, patriotic, and progressive.

Thus also ended, in the course of a few weeks, Lord Dorchester's connection with Canada; for having obtained his Majesty's leave of absence, he embarked with his family for England the 9th of July, 1796.

He was far advanced in life; he had been, with few interruptions, connected with Canada, as officer, military commander, and governor, more than thirty-six years. He was with General Wolfe at the siege and taking of Quebec in 1759, where he was wounded; he was colonel of the Grenadiers, and quartermaster-general of Wolfe's army. In the various capacities in which he served, whether as governor or commander-in-chief or diplomatist, he was equally distinguished for his courage and prudence, his justice and humanity, as well as for his many social and private virtues.[168]

His departure from Canada was a matter of universal regret. Farewell addresses were presented to him by the citizens of Quebec, Montreal, and other places--all expressing to him the highest respect and warmest grat.i.tude for his long and valuable services to Canada. The general spirit of these addresses may be inferred from the following expressions:

"Having experienced for many years your lords.h.i.+p's mild and auspicious administration of his Majesty's Government, and being aware that during that period the resources, prosperity, and happiness of this province have increased in a degree almost unequalled, we, the inhabitants of the city of Quebec, respectfully request your lords.h.i.+p to accept our sincere and most grateful thanks and acknowledgments.