have been checked in the progress of improvement, enthralled, ill-treated, abused, and then misrepresented, by the evil influence of a handful of grasping functionaries.

Having exposed the evils, it is then my intention to propose the remedies; to lay bare the injuries which my country. has suffered; to point out the means of redress. These are the sole objects of the present undertaking.

By the treaty of Paris, signed on the 10th of February, 1763, the Canadas were ceded to His Britannic Majesty, under certain provisions, which provisions, in some measure, were the objects of various articles in the capitulation entered into by the inhabitants of Quebec and Montreal with General Amherst*. On the 7th of October, the same year, His Majesty issued a proclamation, the objects of which were as follow. Both by the capitulation above mentioned, and the treaty of Paris, the inhabitants of Canada were contemplated under the character of British subjectst; in conformity with the understanding which led to such contemplation, the proclamation of the King was issued. No distinction was made between the old and newly-acquired subjects of His Majesty, in this document; so that we may safely conclude that no distinction was intended. The whole of the inhabitants were considered as an out-lying portion of the English people, inhabiting a territory for which the King was, by the nation at large, allowed to legislate.

After certain regulations respecting the administrative portion of the Government, came certain articles, providing—

1. That the English criminal and civil code of law, with the laws of the Admiralty, should have full force within the province.

2. That the trial by jury, both in civil and criminal cases, should always be employed.

We may here observe, that two important consequences flowed from the establishment of this law: First, no citizen

*See Appendix, No. V.

+ See Article 41 of the Capitulation of Montreal, Appendix, No. V.

could be condemned to punishment, but on account of some infringement of the law; which infringement must previously have been decided on by the legal tribunals. Second, the liberty of the press, as it existed in England, became ipso facto a part of the law of the land.

To give effect to this proclamation, the provincial authorities erected tribunals, to administer justice according to the letter and the spirit of the law thus established.

I may here be permitted to remark, that a violent and unnecessary revolution was, by this measure, brought about. The inhabitants of Canada had hitherto been accustomed to the law according to the customs of Paris; their expectations were framed in accordance with this law; and much of the property of one portion of the people depended entirely upon its existence. To break in upon the old habits of the people, without the expectation of one earthly benefit, was a piece of injustice, which, had it sprung from any thing but ignorance, would deserve severe reprobation. I have no doubt but that the English ministry had a sincere desire to benefit the Canadian people; and, with the bold presumption usually attendant on ignorance, they altered the whole law of a people, without the slightest anticipation of mischief. One other determination deserves also to be recorded: no language but English was permitted in the law proceedings of a people who could not understand a syllable of that language.

The mischievous consequences of some of the above regulations, passed in defiance of treaties, of justice, and humanity, were immediately felt. Surprised, angered, and, in many cases, ruined by their influence, our ancestors, after a few years of silent suffering, at length raised their voices, and transmitted a statement of their complaints to the King. The Ministry paid attention to their remonstrances, and partially removed the cause of them, by passing, in 1774, an Act, commonly called the Quebec Act*. By recalling into

* See Appendix, No. VI.

force the ancient laws of the country, this Act provided, as far as was in the power of the Ministry, for the safety of our private rights, but, at the same time, served to rob the people of expectations which they fondly entertained, upon their coming under the dominion of England, viz. that a representative government would be conferred on them, as soon as circumstances permitted. In the place of such a system, a local legislature was created, in which the people had no part; laws might now be enacted without their consent, and thus they were disappointed of one great privilege, which they had been taught to believe was the inalienable right of a British subject. This Act, moreover, by establishing, without reserve, the ancient laws of the country, did away, at once, with the trial by jury in civil cases; with the writ of habeas corpus; and also with the liberty of the press. However, the Act was received with gratitude for the good that it brought. In time, nevertheless, the evils it occasioned were loudly complained of, till, at length, the present constitution was, by the Imperial Parliament, conferred upon the country. Before this happened, indeed, several ameliorations had taken place in the situation of the people-ameliorations brought about by the express commands of the Ministry in England. The Council had, in accordance with these commands, issued two ordinances—one in 1784, calling into power the writ of habeas corpus; the other in 1785, establishing the trial by jury in civil cases. The joy created by the first ordinance, among all classes of people, was extreme; their personal security seemed thereby established, as was their political existence, by the Act of the Imperial Parliament in the year 1791, which conferred on them their present con

stitution.

t

The exertions of the Ministry to benefit the people of Canada, were not undertaken for persons wholly undeserving of the favour of the English nation. In the disastrous war of American independence, the Canadians steadily adhered to the fortunes of the English, and bravely repelled an

attack of the Americans, almost wholly without assistance from the soldiers of the mother country. In 1775, the people of the United States contemplated the conquest of Canada, and, in pursuance of that object, commenced operations on the 10th of May, by taking possession of the fort of Ticonderoga, upon Lake Champlain, which fort contained one hundred pieces of cannon. Crown Point, with the only vessel of war which belonged to the English, on Lake Champlain, also fell into their hands. These actions were performed by the division of the American army, under the command of General Montgomery, who determined to enter Canada by Lake Champlain. The second division, under the command of General Arnold, traversing the woods in the district of Maine, and suffering extraordinary fatigues during their march, arrived at Satigan on the 4th of November; and, on the 8th, reached Point Levi, which lies exactly opposite Quebec, on the south shore of the St. Lawrence; and would probably have rendered themselves masters of that town, had they been able immediately to procure the means of traversing the river, as Quebec was at this moment defenceless, General Carleton, the English governor, being then occupied with his troops near Montreal, in endeavouring to repulse the attacks of Montgomery. Arnold succeeded, nevertheless, in passing the river on the 9th, at Wolfe's Cove, a short distance above the town, and took possession of the environs. Having received intelligence of the taking of Montreal by Montgomery, he established himself at Pointe aux Trembles, twenty-one miles above Quebec, and awaited the arrival of Montgomery before he attempted to attack the town. Montgomery, however, was unable, from various obstacles, and from the resistance he every where experienced, to join him before the 1st of December. General Carleton, in the mean time, perceiving that the safety of the province depended entirely upon Quebec, which could alone offer any resistance to the American army, proceeded thither without delay, and, fortunately escaping interception, arrived there, on the 19th of

November. His arrival produced an extraordinary joy among the people; and he prepared, with his garrison, consisting of eighteen hundred men, for an obstinate defence. Of this garrison, three hundred and fifty men were regulars; about three hundred and fifty more consisted of seamen; the remainder of the force being composed entirely of militia, whose firmness and good conduct, during the siege, wrung, even from the most Anti-Canadian, the flattering tribute of unwilling applause*. Montgomery having, at length, taken the command of the American army, called a council of war, in which it was determined to attempt, immediately, to carry the town by assault. The 31st of December was the day on which this determination was to be carried into effect-a day fatal alike to Montgomery and to the success of the American arms in Canada. The besieging army had, from time to time, during the winter, been reinforced by succours from the United States; but were unable, even with their augmented forces, to overcome the obstinate courage of the besieged, or to resist the terrible climate of the country. Montgomery, during the night, led his forces to the attack; a furious snow storm was raging, and served, in some measure, to prevent the enemy from discovering his motions. As he approached Prescott Gate, by the road which leads from the upper to the lower town (which road winds round the face of the rock upon which the upper town is built), his army was crowded into the long narrow pass which led to the gate. The confused noise, necessarily arising from a multitude of persons struggling up the path, struck the ear of the sentinel in spite of the roar of the storm; the sentinel immediately challenged the persons whom he supposed to be approaching: to this challenge, no answer being returned, he aroused the guard. During this awful interval, Montgomery formed his men, and advanced hastily to the gate. At this moment the garrison opened a fire with the guns which commanded

* Mr. Smith, in his History of Canada, pp. 7, 8, Vol. II, even acknowledges, "that there were Canadian gentlemen whose conduct, during the siege, was highly meritorious."-What condescension!