A history of Canada, 1763-1812Lucas, Charles Prestwood, Sir
History
A history of Canada, 1763-1812
Lucas, Charles Prestwood, Sir
Canada -- History -- 1763-1867
The constitutional troubles
which subsequently became so acute in Lower Canada, connected more
especially with the attempt to obtain a Civil List, were due to
the fact that the revenues of the Crown were not sufficient to
cover the expenses of the public service without the aid of votes
from the popular Assembly. It was this constant friction which had
preluded the War of Independence, and this it was which Grenville
hoped to avoid by establishing an adequate fund in the colony at
the disposal of the Crown alone.
[Sidenote: Chief Justice Smith.]
[Sidenote: His proposals for a general Legislature for the British
North American Provinces.]
But a wider and more statesmanlike safeguard against the evils
of colonial democracy in the eighteenth century was proposed
in connexion with this Canada Act, though not by the Imperial
Government. The post of Chief Justice of Canada, which Livius had
held, was now after a long interregnum filled by the appointment of
William Smith, who had been born in the state of New York, had been
Chief Justice of that state, and, coming to England with Dorchester
after the Peace of 1783, had been appointed to succeed Livius
and had accompanied the Governor-General out to Canada. Invited
by Dorchester to give his views upon the draft of the Bill which
Grenville had sent out, he embodied them in a remarkable letter
which was forwarded to the Home Government. The Bill, he thought,
greatly improved ‘the old mould of our colonial governments, for
even those called the Royal provinces, to distinguish them from
the proprietary and chartered republics of the Stuart kings, had
essential faults and the same general tendency’; but he missed
in it ‘the expected establishment to put what remains to Great
Britain of her ancient dominions in North America under one
general direction, for the united interests and safety of every
branch of the Empire’. It was when the old North American colonies
became prosperous that the evils inherent in their system produced
their full effect, and he dreaded lest the prosperity which he
predicted for the two provinces of Canada might again in time work
ruin, unless what he considered to be the one main safeguard were
provided from the beginning of constitutional government. ‘Native
as I am of one of the old provinces,’ he wrote, ‘and early in the
public service and councils, I trace the late revolt and rent to a
remoter cause than those to which it is ordinarily ascribed. The
truth is that the country had outgrown its government, and wanted
the true remedy for more than half a century before the rupture
commenced.... To expect wisdom and moderation from near a score
of petty parliaments, consisting in effect of only one of the
three necessary branches of a parliament, must, after the light
brought by experience, appear to have been a very extravagant
expectation.... An American Assembly, quiet in the weakness of
their infancy, could not but discover in their elevation to
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