The Canadas.

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Document ID 9909086
Date 14-10-1831
Document Type Hansard
Archive Queen's University, Belfast
Citation The Canadas.;Hansard Parliamentary Debate, October 14, 1831, Vol 8, Third Series, Cols. 767-781.; CMSIED 9909086
45187
THE CANADAS.

Mr. Labouchere presented a Petition from the
Commons of Lower Canada, in Provincial
Parliament assembled, praying for the repeal
of the Act, 6th George 4th, providing for the
extension of feudal and seigniorial [seigneurial?]
rights and burthens on land in the said province.
As the House had already taken measures to obviate the
evils which had resulted from the Act, he only
presented this Petition to call the attention
of the House to a most striking instance of the
mischiefs which might be inflicted on a colony
by misinformed and hasty legislation. The evils
resulting from the Act had been repaired so far
as the power of the House extended, but property
to a large extent had been lost and sacrificed
by the consequences resulting from that Act. Mr.
Labouchere had to present another Petition from
the House of Assembly of Lower Canada which was
agreed to unamimously, and comprised a long list
of grievances, from which they prayed redress
from the House of Commons. He would not fatigue
the House by going through these grievances at
large, which it was not likely many hon.
Gentleman would comprehend or pay attention to;
but from this very circumstance they derived the
strong argument, and which also was the prayer
of the petition, that it was most advisable to
meet the evils effectually of which the
petitioners complained, by enabling the colonies
to manage their own concerns in their own way,
so that the colonial Legislators could redress
the grievances of their constituents without
being compelled to come to this country for the
purpose. This would be going at once to the root
of the evil, for it was plainly impossible the
present state of affairs could long remain, as
the House of Assembly of Canada, although
unanimous on the subject of these grievances,
did not possess the power to remedy them. The
principal complaints contained in the petition,
related to the Legislative Councils, which the
petitioners affirm are composed in such a
manner to be wholly detached from the rest of
the colony, being connected with it by no ties
of property, of birth, or affection. The
petitioners also complained of the judicial
system, but he was happy to say, this part of
the complaint was in part remedied by
disconnecting the Judges from political affairs.
The petitioners also complained of the clergy
preserves of land, and the alienation of lands
belonging to Jesuits College at Montreal. He
adverted to these specific complaints to show
how necessary it was that the colonies should
manage their own affairs, and he entreated
the House to consider whether the time had
not arrived when the whole system of
colonization ought to be thoroughly
investigated,  and the connection between
them and the mother country established on
a more liberal footing while means were taken
to improve the institutions of the colonies
themselves. By some measures of this kind
they might perhaps, put an end to those
feelings of irritation which had so long
existed in the minds of the colonists.
He firmly believed that this could be done,
and that the inhabitants of the Canadas,
who now amounted to 1,000,000 souls, might
enjoy as much happiness under the sway of
the British monarchy as should be enjoyed
by the citizens of any State of the world.
But to attain this great end it was
necessary that the institutions of the
colonies should be adapted to the state of
socity existing therein. There were no
materials out of which to raise an
aristocracy in the Canadas; there were no
great and wealthy proprietors; the
inhabitants were all of nearly equal
property and perfectually of equal rights;
from this foundation he and they considered
that the British Constitution, as divided
into three branches, was not applicable to
their peculiar situation. He begged distinctly
to declare, however, that he was firmly
attached to that Constitution as it existed
here, but what he meant to say was, that there
were certain communities which the materials
for the gradations of ranks on which its
foundations rested were not to be met with,
and be considered the Canadas in that
situation. To prove that these sentiments were
correct, he would state the fact, that in
British North America, out of 1,000,000
inhabitants, there were 200,000 landed
proprietors; a greater number in proportion to
the population that existed in any other part
of the world. The institutions of any country
must be so regulated, if good government was
to be the result, and they must meet the
wants, and be applicable to the habits of the
people living under them. The House must not,
therefore, be scared by the phantom of
democracy, when there were no materials to
set up the substance of an aristocracy. If an
attempt was made to create one, it could only
end in an odious oligarchy. He had the high
authority of Mr. Pitt for saying, that no
materials for an aristocracy existed in the
Canadas, and though a real aristocracy was a
blessing, yet a sham one, having no root in
the soil or property of the country, was the
greatest curse that could be fastened upon a
community which had no sympathy with such an
institution. It was, therefore, fully
convinced, that our only permanent chance of
going on well with the colonies was, to put
the Legislative Councils on different
footing, and introduce the principle of
election into them. This was the form
of Constitution of our old American
colonies, which enjoyed the most popular
institutions in the world. He had always
resisted the application of principles
drawn from the United States, when applied
to England, from the very different
circumstances and habits of the two
countries, but it was equally wrong to
assert, that because in England, from the
gradations of ranks and privileges, and
the state of society, it was impossible
to revert wholly to the popular principle,
that therefore that principle must not be
resorted to in our colonies where the
materials and construction of society were
so wholly different. He was bound in
justice to declare, that the colonies had
been treated in the most kind and
considerate manner by the right hon.
Gentleman (Sir George Murray) who lately
presided over the colonial department,
and that his system had been followed up
with great activity by the noble Lord who
had succeeded him. The colonists made no
complaints against their governors, as
connected with their present institutions,
but they complained that these institutions
required amendment. The colonists expressed
no distrust in the administration of the
colonial department in this country, and he
was certain their confidence was retained,
and with that view he would conclude by
entreating his noble friend, at the head
of the department, not to attempt to
trifle or neglect this great question, but
to look forthwith into the whole state of
the British colonies with an earnest desire
to redress their grievances and improve
their institutions. As he understood his
hon. Friend, the Member for Middlesex, had
a petition to present from the other
province of Canada, on the subject of the
clergy reserves, he would take the present
opportunity to declare, that it was
absolutely necessary for the peace of the
colonies, that an end should be put to the
pretentions of the Church of England, and a
perfect religious equality established. He
was a friend to that church in this country
where the majority of people professed its
doctrines, but the case was different in the
Canadas, and it was perfect madness to attempt
to build up an Established Church there. The
sooner the attempt was abandoned
the better.