A history of Canada, 1763-1812Lucas, Charles Prestwood, Sir
History
A history of Canada, 1763-1812
Lucas, Charles Prestwood, Sir
Canada -- History -- 1763-1867
Upper Canada, in the district over against Detroit, and at some
other points, there was a small minority of French settlers whose
interests, as Dorchester had pointed out, could not be overlooked.
[Sidenote: The question of land tenure.]
Almost as important and fully as pressing as the question of
political representation was that of land tenure. Was the land
system of the future, especially in Upper Canada, to be the
cumbrous feudal tenure which Louis XIV had imported from the Old
to the New World? or was it to be assimilated to the land laws
of England? Were other laws too, and was the legal procedure,
especially in commercial matters, to be on French or English lines?
Partly through confusion as to what was the law of the land, and
partly because such judicial appointments as that of Livius were
not calculated to inspire respect for the personnel of the judges,
the administration of justice in Canada at this time had been hotly
assailed, and a long local inquiry into the subject began in 1787,
but seems to have produced little or no result in consequence of
the passing of the Canada Act.
When there were so many difficulties to be faced and met, it was
fortunate that the thorny questions of language and religion were
not added to the number. The religious question had been settled
by the Quebec Act, and all that was required was to make definite
provision for the Protestant clergy, while not interfering with the
rights which had been confirmed to the Roman Catholic priesthood.
As to language, for good or for evil, no attempt seems to have
been made by the Imperial Government to substitute English for
French; the oaths prescribed by the terms of the 1791 Act were to
be administered either in English or in French as the case might
require, and the first elected Assembly of Lower Canada agreed not
to give to either tongue preference over the other.[199]
[Sidenote: Grenville’s dispatch and letter.]
[Sidenote: Arguments for a division into two provinces]
[Sidenote: based upon the grant of representative institutions.]
Public-domain text, read in full here on John Shaqi.
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