duce their own system of jurisprudence, to which they are accustomed and attached, instead of that which they neither understand nor approve; and, on the other hand, that the English, naturally an enterprising and commercial people, find the feudal tenure an intolerable burden, and spurn with indignation the idea of being subjected to the government of a race whom they have conquered, and to the operation of laws, which even the people with whom they originated, have rejected as unsuited to the exigencies of the times. In addition to this grievous error of establishing a code of laws that exists nowhere else, three others were committed of equal magnitude: first, in dividing Canada into two provinces, and thus separating the French from the majority of the English; secondly, in permitting the language of the courts, and the records of the legislature, to be French; and, thirdly, in giving at so early a period, and before the people were fitted to receive it, a constitutional government.

The concentrated settlement of the French along the shores of the St. Lawrence necessarily excluded the English emigrants from that fertile territory, and compelled them to remove to the borders of the lakes. In addition

to this obvious cause of their not settling in the immediate neighbourhood of the Canadians, it is evident that the nature of the feudal tenure to which those lands were subject, and the introduction of French laws in direct contravention of the proclamation, rendered such a separation of the two races inevitable. Under these circumstances one would naturally have supposed that a wise government would have endeavoured, as far as possible, to counteract the tendency of these causes, to alienate, as well as separate, these people of different origin. But, alas, the fatal principle of conciliation had now been adopted as the rule of action, and the favourable opportunity of Anglifying the colony, and amalgamating the population, by identifying the interests of both, was not only neglected, but the most effectual mode was adopted to make the distinction as marked and as permanent as possible. Not content with this act of folly and injustice, the French were entrusted with an almost exclusive possession of the popular branch of the legislature, and even constituted, at the same time, toll-keepers to the adjoining province. Both the ports of Quebec and Montreal were assigned to the French, and the inhabitants of Upper Canada were thus cut off from all com

munication with the mother country, but such as might be granted by the Americans or their Gallic neighbours. If the persons who framed that act had compared the state of the revolted colonies with that of Canada, and reflected that they were settled nearly a century later than the other, they certainly never would have attempted to do such injustice as to subject the trade of another colony to the exactions of an illiterate and prejudiced people. If, however, the necessities of the times demanded a sacrifice on this important point, surely they should have paused before they gave them a constitutional government, and enquired whether they were sufficiently intelligent to receive the institutions of a free and enlightened people. The experiment of constitutional government was never tried by a people less qualified for the task than the Canadians.

Until the conquest they may be said to have known no other form of government than a despotic one; few of them could read or write, and the habits of implicit obedience in which they had been trained to their superiors rendered them unable to comprehend the nature of their own rights, or those of the other branches of the legislature. The powers exercised by the several French governors and intendants knew

no bounds; and, unrestrained by law, their decisions were dictated by the caprice of the moment. The inhabitants were compelled to serve as soldiers without pay, in the frequent wars with the English, and were treated with the greatest severity by their superiors. The exactions of the military, instead of being restrained were encouraged, and on all occasions the protection of the governor or intendant was necessary to insure success, while merit in every instance was overlooked. Remonstrances against oppression had frequently been transmitted to the government in France, but were always either suppressed or disregarded. Their character at this period is thus drawn by the Abbé Raynal, whose account, as his partiality must have been all in their favour, I prefer as the most unobjectionable. He observes:

"That those whom rural labour fixed in the country, allowed only a few moments to the care of their flocks and to other indispensable occupations during winter. The rest of the time was passed in idleness at public-houses, or in running along the snow and ice in sledges, in imitation of the most distinguished citizens. When the return of spring called them out to the necessary labours of the field, they ploughed

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the ground superficially, without ever manuring it, sowed it carelessly, and then returned to their former indolent manner of life till harvest time.

"This amazing negligence might be owing to several causes. They contracted such a habit of idleness during the continuance of the severe weather, that labour appeared insupportable to them even in the finest weather. The numerous festivals prescribed by their religion, which owed its increase to their establishment, prevented the first exertion, as well as interrupted the progress of industry. Men are ready enough to comply with that species of devotion that flatters their indolence. Lastly, a passion for war, which had been purposely encouraged among these bold and courageous men, made them averse from the labours of husbandry. Their minds were so entirely captivated with military glory that they thought only of war, though they engaged in it without pay.

"The inhabitants of the towns, especially of the capital, spent the winter as well as the summer in a constant scene of dissipation. They were alike insensible of the beauties of nature or of the pleasures of the imagination.