resign the administration of the government on the grounds stated in your Excellency's message. If your Excellency's measures and policy have not given satisfaction to our most gracious Queen, we are driven to enquire in the most humble and solemn manner, what course of policy is expected from her Majesty's representative in this province?" Two days afterwards his Excellency received addresses from the two houses humbly praying him to transmit to them, so much of his correspondence with the Se shot of their military posts. At the same time the language, not merely of the journals, but of official men, was such as would lead to the conclusion that the English, and not themselves, were the aggressors. And some expected endeavour, on the part of the harassed and exasperated inhabitants of Upper Canada, to retaliate on their lawless neighbours these violations of neutral rights, was from time to time made the theme of sullen menace and invective. Had the Canadians, indeed, taken into their own hands the vindication of pub-cretary of the colonies, as related lic law, and followed across the border those plunderers, whose rapacity was unredeemed by a single act of valour, they would only have acted as, we may be quite sure, Americans would have done, if the situation of the parties had been reversed. On the 15th of January, Sir Francis Head informed the local parliament that, "having had the misfortune to differ from her Majesty's Government on one or two points of colonial policy," he felt it his duty, on the 10th of September last, to tender his resignation of the office of Lieutenant Governor. And he announced Sir George Arthur as his successor. Both Houses expressed themselves in terms of great regret at the removal of Sir Francis. "When this House," said the Assembly, "recalls to recollection the events of your Excellency's administration of the affairs of this province-the universal respect and confidence with which you are regarded, arising from your Excellency's firm and uncompromising adherence to the principles of the constitution, we cannot but view with alarm the disclosure now made, that your Excellency has felt yourself called upon to to his resignation of the government. To this he replied, that nothing could be more gratifying to his feelings than to lay such correspondence before them, but that after deliberate consideration, he had come to the conclusion, that the publication of those documents might embarrass his successor, and be considered as a violation of official confidence. The session of the Legislature. was prorogued on the 6th of March. The farewell speech of Sir Francis Head, upon this occasion, was long, and argumentative. It was principally directed against the aggressions of the people of the United States, and abounded in well merited eulogy of the brave people whom he was addressing, and of the institutions which they had so gallantly defended.* The Legis Among the various bills passed during this session by the local parliament, in reference to the insurrection, we may, in particular, notice one, which gave rise to some important proceedings in the court of Queen's Bench at home. It enacted that upon the petition of any person charged with high treason preferred to the Lieutenant-Governor, before his arraignment, and praying to be pardoned; the Lieutenant Governor in council should be empowered to grant a par lature did not separate before both houses had framed addresses to the Queen, expressive of their devoted loyalty, though not without broadly intimating their apprehensions, that the constitution was (as the Legislative council expressed itself) "in danger of being undermined by changes assented to by the Colonial department, in a mistaken spirit of concession." Two very voluminous reports on the state of the country, were also produced by the committees, to which the Houses had respectively referred the subject. We are tempted to notice some particulars of the report of the committee of the Assembly, as conveying in distinct terms the wishes of the Upper Canadians, with respect to future arrangements. They recommend, that all the British possessions in North America should be incorporated under a legislative union, which "would place them on a level with the most powerful nations." At the same time, it is suggested, that the provincial assemblies should retain their authority in matters of purely local interest. In connexion with this point, they remark, that the Queen could not afford more grateful evidence of her desire to perpetuate the allegiance of her subjects, in that part of the empire, "than by incorporating in her royal title the distinct claim of sovereignty" over these possessions; don on such conditions as might appear proper, and that in case any person should be pardoned under that act, upon condition of being transported from the province, if he should afterwards voluntarily return, without lawful excuse contrary to the condition of his pardon, he should be deemed guilty of felony, and should suffer death as in cases of felony. and they desire, that in future the person appointed to the government of these colonies should be "of high rank and distinction as a public man," with the title of "Viceroy." With respect to the union of the two provinces only, they say, that were it not that the British inhabitants of Lower Canada regard this project with much favour, "they should at once declare their unqualified dissent from it." On the other hand, they demand the annexation of Montreal to the upper province, affirming, what is undeniable, that the division of the provinces, which left Upper Canada "without an independent outlet to the ocean, was a great political error." "The people of Upper Canada," they proceed to say, "are little interested in the opinions entertained of them by such men as Hume and Roebuck, Leader and Molesworth; they place them in the same scale with Rolph, Mackenzie, and Duncombe, in morals and politics." They then advance some suggestions on certain more general points of our colonial administration, which are entitled to much attention. In the first place, they state it as their opinion," that the representation of the North American colonies in the House of Commons by members chosen by themselves, would be attended with numerous and incalculable advantages." And they propose to limit the representation of the colonies to two members from either Canada, Nova Scotia, and New Brunswick, respectively, and one from each of the islands of Newelected "in joint assembly," by the foundland and Cape Breton, to be two Houses of each province, and to continue for six months after the dissolution of the assembly of the colony for which they are returned. The second point on which they touch is of equally grave importance" the inefficiency imputed by a large class of the most intelligent of their fellow subjects" to the Colonial department in England. One of the chief causes of dissatisfaction under this head they ascribe to the frequent changes that take place in that department, and the necessary incoherency of system which such changes involve. Among their concluding observations, is found one which cannot be adverted to without great satisfaction. "Recent events have shown how ardently the 600,000 inhabitants of Upper and Lower Canada, of British origin, desire to continue subject to the British Crown." A remark which is accompanied by a strong expression of repugnance to the institutions of the neighbouring republic. We cannot dismiss from our attention this, in some repects, able state paper, without doing Sir Francis Head the justice to admit, that its authors, no less than the Legislature collectively, speak in very high terms of his administration. This circumstance, coupled with the success which attended the experiment hazarded by that officer, when having dismissed his troops, he awaited, as he said, "with folded arms," the approach of a rebellion-makes it but an ungracious office to offer any exceptions to his conduct. It cannot, however, be disputed, that he a little misconceived his duty, in preferring the suppression of a revolt to its prevention, and in making the peace of the province subordinate to the illustration of a political proposition. It was surely in itself a serious evil, that men of peaceful occupations, and valuable to the state and to their families, should, by the withdrawal of the military, be exposed to the evils of war. Whatever advantages may have attended its successful repression, it was yet more to be desired, that an outbreak had never occurred, which not merely occasioned the sacrifice of many lives, but has awakened a spirit of rapine in America, of which the inconvenience may long be felt. CHAPTER II. Parliament re-assembles—Debates on Canada—Address to the Throne moved by Lord John Russell, who states the intentions of Government to send out Lord Durham-Mr. Hume and Mr. Grote oppose the Address-Sir R. Peel-Lord Howick-Mr. Buller-Mr. Leader moves Adjournment-Division thereon-Lord John Russell brings in the Bill for suspending the Lower Canadian Constitution-Mr. Warburton-Sir Hussey Vivian - Mr. Hume's Eulogy on Mr. Mackenzie-Sir George Grey-Sir Robert Peel's Criticism of the Bill-Lord John Russell's Explanation-Mr. Grote's notice respecting Mr. Roebuck-House of Lords-Duke of Wellington-Lord Glenelg moves Address to Queen Lord Brougham's attack on Ministers-Lord Melbourne Duke of Wellington-Lord RiponLord Lansdowne― Lord Durham declares his views-Lord Glenelg's reply to Lord Brougham. T HE state of affairs in Canada being such, as described in the preceding chapter, Parliament reassembled on the 16th of January. Lord John Russell met the House of Commons with a proposal for a bill to suspend, for a certain time, the existing constitution of Lower Canada, and at the same time, moved an address to the throne, pledging the House to assist her Majesty in restoring tranquillity to her Canadian dominions. After a recapitulation of the principal events that had occurred since the first connexion of the colony with Great Britain, down to the report of the committee of 1828, he took up his ground on that report, which the Assembly of Lower Canada had themselves characterized, as "an impe - rishable monument of the justice and profound wisdom of the committce-an authentic testimonial of the reality of their grievances, and of the justice of their complaints, faithfully interpreting their wishes, and their wants." Now it might have been supposed, said his Lordship, that after the people and the Government of this country had proved themselves anxious to perform-aye, more than perform, all that was asked for, and that was indicated, by the report of the committee, some satisfaction would have been produced in the minds of the Canadians, and some expression of cordiality towards the British Government might have been elicited. But the reverse was the case, as he was about to shew. On the 6th of December, 1828, the House of Assembly resolved, That on the permanent settlement before mentioned being effected, it would be expedient to render the governor, lieutenantgovernor, or person administering the government for the time being, the judges and executive councillors, independent of the annual vote of that house, to the extent of their present salaries. That, amongst the questions not particularly mentioned on that occasion, that house held, as most essential to the peace, welfare, and good government of the province, -the independence of the judges, and their removal from the political business of the colony; the responsibility and accountability of public officers; a greater independence of support from the public revenues, and more intimate connexion with the interests of the colony in the composition of the legislative council; the application of the late property of the Jesuits to the purposes of general education; a removal of the inconvenience attendant upon the crown and clergy reserves; and a diligent inquiry into, and a ready redress of all grievances and abuses that may be found to exist, or which may have been petitioned against by the subjects in the province. Having adverted to these resolutions, Lord John Russell proceeded to state, what had been done in order to remedy the particular grievances there set forth. With respect to the independence of the judges, Lord Ripon (then colonial secretary) had fully concurred in the reasonableness of the proposal, and had himself suggested a method for carrying it into effect. But the House of Assembly, instead of following out that suggestion, tacked to the law by which the independence of the judges was to be secured, certain provisions relating to the hereditary revenues of the Crown, and to the establishment of a court of impeachment for the judges. Now the independence of the judges was simply, and of itself, a positive good, and the annexation of perplexing conditions was a pretty good proof that it was not their wish to rid themselves of the grievance complained of. With respect to the accountability of public officers, Lord Ripon had also proposed a measure, which the House of Assembly would not allow to pass, though it was planned with a view to secure the most beneficial results. As regarded the subject, on which the widest difference between the Assembly and the Imperial government had existed, no opposition had been offered to the terms of the Assembly's resolutions. The judges were forthwith informed, that, with the exception of the chief justice, it was no longer desirable that they should sit in the legislative council; and a number of persons, for the most part of French extraction, were added to that body, totally independent of the crown, and giving a great majority in the council to those who were unconnected with the government. The Assembly might, indeed, say, that they were none of them persons agreeable to their wishes, or acquainted with their wants, but the question was, whether they were not independent of office, and closely connected with the interests of the colony. Of the forty members of the council, not less than eighteen were French Canadians; many of the members of English origin had quitted the province, and but seven |