The Rise of Canada, from Barbarism to Wealth and Civilisation. Volume 1Roger, Charles
History
The Rise of Canada, from Barbarism to Wealth and Civilisation. Volume 1
Roger, Charles
Canada -- History
Assembly were limited, the numbers of the Council, although they could
not be less than seven members, were unlimited. He saw nothing so good
in hereditary powers or honours as to justify their introduction into a
country where they were unknown. They tended rather to make a good
constitution worse, than better. If a Council were wholly hereditary,
it could only be the tool of the King and the Governor, as the Governor
himself would only be the tool of the King. The accumulation of power,
confirmed by wealth, would be a perpetual source of oppression and
neglect to the mass of mankind. He did not understand the provision
made by the Bill for the Protestant clergy. By Protestant clergy, he
understood not only the clergy of the Church of England, but all
descriptions of Protestants. He totally disapproved of the clause which
enacted that, "whenever the King shall make grants of lands, one
seventh part of those lands shall be appropriated to the Protestant
Clergy." In all grants of lands made to Catholics, and a majority of
the inhabitants of Canada were of that persuasion, one seventh part of
those grants was to be appropriated to the Protestant clergy, although
they might not have any congregation to instruct, nor any cure of
souls. If the Protestant clergy of Canada were all of the Church of
England, he would not be reconciled to the measure, but the greatest
part of the Protestant clergy in Canada were Protestant dissenters, and
to them one seventh part of all the lands in the province was to be
granted. A provision of that kind, in his opinion, would rather tend to
corrupt than to benefit the Protestant clergy of Canada. The Bill,
while it stated that one seventh of the land of Canada should be
reserved for the maintenance of a Protestant clergy, did not state how
the land so set aside should be applied. With regard to the Bill, as it
related to the regulation of Appeals, he was not satisfied. Suitors
were, in the first instance, to carry their complaints before the
Courts of Common Law in Canada, to appeal, if dissatisfied, to the
Governor and Council, to appeal from their decision to the King in
Council, and to appeal from His Majesty's decision to the House of
Lords. If the Lords were a better Court of Appeal than the King, the
Lords ought to be at once appealed to. By such a plan of appealing,
lawsuits would be rendered exceedingly expensive, and exceedingly
vexatious. He did not like the division of the Province. It seemed to
him inexpedient to distinguish between the English and French
inhabitants of the province. It was desirable that they should unite
and coalesce, and that such distinctions of the people should be
extinguished for ever, so that the English laws might soon universally
prevail throughout Canada, not from force but from choice, and a
conviction of their superiority. The inhabitants of Lower Canada had
not the laws of France. The commercial code of laws of the French
nation had never been given to them.
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