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 constitution.

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 òf 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!

every

the path; the groans which immediately succeeded plainly revealed the enemy; and not till sound in answer to the fire had died away did the garrison cease from their cannonade. Morning came, and revealed nothing; the snow falling thickly after the enemy had been destroyed, covered every trace of the tremendous efficiency of the garrison's fire. It was quickly discovered, however, that Montgomery, with the whole of the attacking party, had perished. This was a fatal blow to the hopes of the enemy, who, after several further unsuccessful attacks, raised the siege on the 6th of May, and retreated towards their own country. Their army, at that time consisting of about three thousand men, attacked on all sides, was quickly dispersed, and by far the greater portion captured. During the whole of this painful siege, as well as the remainder of the campaign, disastrous in every point to the English, the Canadians exerted themselves with indefatigable ardour and perseverance-maintained throughout an unflinching adherence to the English party, and proved themselves (if faithful conduct can create desert) deserving of the most hearty goodwill, assistance, and respect from the mother country.

CHAPTER II.

Act of 1791*, for dividing the Province into Upper and Lower Canada-Legislative and Administrative Bodies -The Governor-Executive Council-House of Assembly-Judiciary.

We have now arrived at the most important epoch of the History of Canada, viz. that at which her present Representative Government was conferred upon her by the Impe rial Parliament. For the purpose of giving an insight into the intention of the then Ministry, I will lay before the reader the proceedings of the House of Commons:

HOUSE OF COMMONS.

Friday, March 4, 1791.

Mr. Chancellor Pitt moved, "That His Majesty's Message concerning the New Constitution for Quebec might be read.” It was read accordingly.

George R.

His Majesty thinks proper to acquaint the House of Commons, that it appears to His Majesty, that it would be for the benefit of His Majesty's subjects in the province of Quebec that the same should be divided into two separate provinces, to be called the Province of Upper, and the Province of

* See Appendix, No. VII.