A history of Canada, 1763-1812Lucas, Charles Prestwood, Sir
History
A history of Canada, 1763-1812
Lucas, Charles Prestwood, Sir
Canada -- History -- 1763-1867
It has been seen that during Dorchester’s first government, he
had experienced no little difficulty in dealing with Livius, the
contumacious Chief Justice of Quebec. In the earlier period of his
second government, he had, on the contrary, a wise and loyal fellow
worker in Chief Justice Smith. Soon after the governor returned to
Canada for the last time, towards the end of 1793, Smith died and
his place was taken by Osgoode, the Chief Justice of Upper Canada,
who did not enjoy Dorchester’s confidence to the same extent as his
predecessor. But Osgoode’s appointment was made the occasion for
putting into practice a reform which Dorchester, to his lasting
honour, had urgently pressed upon the notice of the Imperial
Government, the abolition of fees and perquisites, and the payment
of judges and other public officers by adequate salaries alone.
Dorchester himself, when he first took up the government of Canada
in 1766, had refused to take the fees to which he was legally
entitled; and in the last years of his Canadian service he wrote on
this subject in no measured terms. In a dispatch dated the last day
of December, 1793, and written in connexion with the vacant chief
justiceship, he referred to the system of fees and perquisites
as one which ‘alienates every servant of the Crown from whoever
administers the King’s Government. This policy I consider as coeval
with His Majesty’s Governments in North America, and the cause
of their destruction. As its object was not public but private
advantage, so this principle has been pursued with diligence,
extending itself unnoticed, till all authority and influence of
government on this continent was overcome, and the governors
reduced almost to mere corresponding agents, unable to resist the
pecuniary speculations of gentlemen in office, their connexions
and associates’. He added that whatever tended to enfeeble the
Executive power in British North America tended to sever it for
ever from the Crown of Great Britain. Subsequent dispatches were
to the same effect. In June, 1795, he reported having disallowed
certain small claims by subordinate officers, expressed regret that
gentlemen in Britain should look to America for a reward for their
services, and laid down that officers should be paid sufficient
salaries to place them above pecuniary speculations in the
colonies. The next month he wrote in the same strain with reference
to the Customs officials and the collection of revenue: and a year
later he again insisted that such officers should not receive
indirect emoluments, that the local administration should not be
warped and made subservient to fees, profits, perquisites ‘and all
their dirty train’, and that the national interests should not
be sacrificed to gentlemen who possessed or were looking out for
good places for themselves and their connexions. Running through
the dispatches is insistence on the principle that the Executive
must be strong, that it can be strong only if the officers are
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