Part 23
The present system of judicature in each province was established by the Quebec bill of 1774. By this bill it was enacted, that all persons in the country should be entitled to hold their lands or possessions in the same manner as before the conquest, according to the laws and usages then existing in Canada; and that all controversies relative to property or civil rights should also be determined by the same laws and usages. These old laws and usages, however, were not to extend to the lands which might thereafter be granted by his Britannic Majesty in free and common socage: here English laws were to be in full force; so that the English inhabitants[33], who have settled for the most part on new lands, are not subject to the controul of these old French laws, that were existing in Canada when the country was conquered, except a dispute concerning property or civil rights should arise between any of them and the French inhabitants, in which case the matter is to be determined by the French laws. Every friend to civil liberty would wish to see these laws abolished, for they weigh very unequally in favour of the rich and of the poor; but as long as the French inhabitants remain so wedded as they are at present to old customs, and so very ignorant, there is little hope of seeing any alteration of this nature take place. At the same time that the French laws were suffered by the Quebec bill to exist, in order to conciliate the affections of the French inhabitants, who were attached to them, the criminal law of England was established throughout every part of the country; “and this was one of the happiest circumstances,” as the Abbé Raynal observes, “that Canada could experience; as deliberate, rational, public trials took place of the impenetrable mysterious transactions of a cruel inquisition; and as a tribunal, that had theretofore been dreadful and sanguinary, was filled with humane judges, more disposed to acknowledge innocence than to suppose criminality.”
Footnote 33:
I must observe here once for all that by English inhabitants I mean all those whose native language is English, in contradistinction to the Canadians of French extraction, who universally speak the French language, and no other.
The governor, the lieutenant governor, or the person administering the government, the members of the executive council, the chief justices of the province, and the judges of the court of king’s bench, or any five of them, form a court of appeal, the judges however excepted of that district from whence the appeal is made. From the decision of this court an appeal may be had in certain cases to the King in council.
[Sidenote: TOLERATION.]
Every religion is tolerated, in the fullest extent of the word, in both provinces; and no disqualifications are imposed on any persons on account of their religious opinions. The Roman Catholic religion is that of a great majority of the inhabitants; and by the Quebec bill of 1774, the ecclesiastics of that persuasion are empowered by law to recover all the dues which, previous to that period, they were accustomed to receive, as well as tithes, that is, from the Roman Catholic inhabitants; but they cannot exact any dues or tithes from Protestants, or off lands held by Protestants, although formerly such lands might have been subjected to dues and tithes for the support of the Roman Catholic church. The dues and tithes from off these lands are still, however, to be paid; but they are to be paid to persons appointed by the governor, and the amount of them is to be reserved, in the hands of his Majesty’s receiver general, for the support of the Protestant clergy actually residing in the province.
By the act of the year 1791, also, it was ordained, that the governor should allot out of all lands belonging to the crown, which, should be granted after that period, one-seventh for the benefit of a Protestant clergy, to be solely applicable to their use; and all such allotments must be particularly specified in every grant of waste lands, otherwise the grant is void.
With the advice of the executive council, the governor is authorized to constitute or erect parsonages or rectories, and to endow them out of these appropriations, and to present incumbents to them, ordained according to the rites of the church of England; which incumbents are to perform the same duties, and to hold their parsonages or rectories in the same manner as incumbents of the church of England do in that country.
The clergy of the church of England, in both provinces, consists at present of twelve persons only, including the bishop of Quebec; that of the church of Rome, however, consists of no less than one hundred and twenty-six; viz. a bishop, who takes his title from Quebec, his “coadjuteur élu,” who is bishop of Canathe, three vicars general, and one hundred and sixteen curates and missionaries, all of whom are resident in the lower province, except five curates and missionaries.
The number of the dissenting clergy, in both provinces, is considerably smaller than that of the clergy of the church of England.
[Sidenote: PRESENTS AND SALARIES.]
The expences of the civil list in Lower Canada are estimated at £.20,000 sterling per annum, one half of which is defrayed by Great Britain, and the remainder by the province, out of the duties paid on the importation of certain articles. The expence of the civil list in Upper Canada is considerably less; perhaps not so much as a fourth of that of the lower province.
The military establishment in both provinces, together with the repairs of fortifications, &c. are computed to cost Great Britain annually £.100,000 sterling.
The presents distributed amongst the Indians, and the salaries paid to the different officers in the Indian department, are estimated at £.100,000 sterling more, annually.
Amongst the officers in the Indian department are, superintendants general, deputy superintendants, inspectors general, deputy inspectors general, secretaries, assistant secretaries, storekeepers, clerks, agents, interpreters, issuers of provisions, surgeons, gunsmiths, &c. &c. &c. most of whom, in the lower province, have now sinecure places, as there are but few Indians in the country; but in the upper province they have active service to perform. Of the policy of issuing presents to such a large amount amongst the Indians, more will be said in the afterpart of this work.
[Sidenote: IMPORT DUTIES.]
The following is a statement of some of the salaries paid to the officers of government in Lower Canada.
£.
Governor general 2,000
Lieutenant governor 1,500
Executive counsellors, each 100
Attorney general 300
Solicitor general 200
Secretary and register to the province 400
Clerk of the court of appeals, with 120 firewood and stationary
Secretary to the governor 200
French secretary to the governor, and 200 translator to the council
Chief justice of Quebec, who is chief 1,200 justice of the province
Chief justice of Montreal 900
Chief justice of Three Rivers 300
Receiver general 400
Surveyor general of lands 300
Deputy, and allowance for an office 150
Surveyor of woods 200
Grand voyer of Quebec 100
Grand voyer of Montreal 100
Grand voyer of Three Rivers 60
Superintendant of provincial post houses 100
Clerk of the terraro of the king’s 90 domain
Clerk of the crown 100
Inspector of police at Quebec 100
Inspector of police at Montreal 100
Four missionaries to Indians, each 50
One missionary to Indians 45
Schoolmaster at Quebec 100
Schoolmaster at Montreal 50
Schoolmaster at Carlisle, Bay de 25 Chaleurs
Overseers, to prevent fires at Quebec, 60 and to sweep the chimneys of the poor
Salary of the bishop of Quebec, who is 2,000 bishop of both provinces
The pensions, between January 1794 and January 1795, amounted to £.1,782. 6_s._ 7_d._
* * * * *
A STATEMENT of the Articles subject to Duty on Importation into Canada, and of the Duties payable thereon.
_s._ _d._
Brandy and other spirits, the . 3 manufacture of Great Britain, per gallon
Rum and other spirits, imported from the . 6 colonies in the West Indies, per gallon
Brandy and spirits of foreign 1 0 manufacture, imported from Great Britain, per gallon
Additional duty on the same, per gallon . 3
Rum or spirits manufactured in the 1 0 United States, per gallon
Molasses and Syrups imported in British . 3 shipping, per gallon
Additional duty, per gallon . 3
Molasses or Syrups legally imported in . 6 other than British shipping, per gallon
Additional duty, per gallon . 3
Madeira wine, per gallon . 6
Other wine . 3
N.B. Wine can be imported directly from Madeira, or from any of the African islands, into Canada; but no European wine or brandy can be imported, except through England.
Loaf or lump sugar, 1 per lb.
Muscovado or clayed ½ sugar
Coffee, per lb. 2
Leaf tobacco, per 2 lb.
Playing cards, per 2 pack
Salt, the minot 4
N.B. The minot is a measure commonly used in Canada, which is to the Winchester bushel, as 100 is to 108,765.
* * * * *
[Sidenote: SOIL AND MANUFACTURES.]
The imports into Canada consist of all the various articles which a young country, that does not manufacture much for its own use, can be supposed to stand in need of; such as earthen ware, hardware, and household furniture, except of the coarser kinds; woollen and linen cloths, haberdashery, hosiery, &c.; paper, stationary, leather and manufactures of leather, groceries, wines, spirits, West Indian produce, &c. &c.; cordage of every description, and even the coarser manufactures of iron, are also imported.
The soil of the country is well adapted to the growth of hemp, and great pains have been taken to introduce the culture of it. Handbills, explaining the manner in which it can be raised to the best advantage, have been assiduously circulated amongst the farmers, and posted up at all the public houses. It is a difficult matter, however, to put the French Canadians out of their old ways, so that very little hemp has been raised in consequence of the pains that have been thus taken; and it is not probable that much will be raised for a considerable time to come.
Iron ore has been discovered in various parts of the country; but works for the smelting and manufacturing of it have been erected at one place only, in the neighbourhood of Trois Rivieres. These works were erected by the king of France some time before the conquest: they are now the property of the British government, and are rented out to the persons who hold them at present. When the lease expires, which will be the case about the year 1800, it is thought that no one will be found to carry on the works, as the bank of ore, from whence they are supplied, is nearly exhausted. The works consist of a forge and a foundry: iron stoves are the principal articles manufactured in the latter; but they are not so much esteemed as those from England.
Domestic manufactures are carried on in most parts of Canada, consisting of linen and of coarse woollen cloths; but by far the greater part of these articles used in the country is imported from Great Britain.
The experts from Canada consist of furs and pelts in immense quantities; of wheat, flour, flax-seed, potash, timber, staves, and lumber of all sorts; dried fish, oil, ginseng, and various medicinal drugs.
The trade between Canada and Great Britain employs, it is said, about seven thousand tons of shipping annually.
+LETTER + XXVI.
_Of the Soil and Productions of Lower Canada.—Observations on the Manufacture of Sugar from the Maple-tree.—Of the Climate of Lower Canada.—Amusements of People of all Descriptions during Winter.—Carioles.—Manner of guarding against the Cold.—Great Hardiness of the Horses.—State of the River St. Lawrence on the Dissolution of Winter.—Rapid Progress of Vegetation during Spring.—Agreeableness of the Summer and Autumn Seasons._
Quebec.
THE eastern part of Lower Canada, between Quebec and the Gulph of St. Lawrence, is mountainous; between Quebec and the mouth of the Utawas River also a few scattered mountains are to be met with; but higher up the River St. Lawrence the face of the country is flat.
The soil, except where small tracts of stony and sandy land intervene, consists principally of a loose dark coloured earth, and of the depth of ten or twelve inches, below which there is a bed of cold clay. This earth towards the surface is extremely fertile, of which there cannot be a greater proof than that it continues to yield plentiful crops, notwithstanding its being worked year after year by the French Canadians, without ever being manured. It is only within a few years back, indeed, that any of the Canadians have begun to manure their lands, and many still continue, from father to son, to work the same fields without intermission, and without ever putting any manure upon them, yet the land is not exhausted, as it would be in the United States. The manure principally made use of by those who are the best farmers is marl, found in prodigious quantities in many places along the shores of the River St. Lawrence.
The soil of Lower Canada is particularly suited to the growth of small grain. Tobacco also thrives well in it; it is only raised, however, in small quantities for private use, more than one half of what is used in the country being imported. The Canadian tobacco is of a much milder quality than that grown in Maryland and Virginia: the snuff made from it is held in great estimation.
[Sidenote: VEGETABLE PRODUCTIONS.]
Culinary vegetables of every description come to the greatest perfection in Canada, as well as most of the European fruits: the currants, gooseberries, and raspberries are in particular very fine; the latter are indigenous, and are found in profusion in the woods; the vine is also indigenous, but the grapes which it produces in its uncultivated state are very poor, sour, and but little larger than fine currants.
The variety of trees found in the forests of Canada is prodigious, and it is supposed that many kinds are still unknown: beech trees, oaks, elms, ashes, pines, sycamores, chesnuts, walnuts, of each of which several different species are commonly met with; the sugar maple tree is also found in almost every part of the country, a tree never seen but upon good ground. There are two kinds of this very valuable tree in Canada; the one called the swamp maple, from its being generally found upon low lands; the other, the mountain or curled maple, from growing upon high dry ground, and from the grain of the wood being very beautifully variegated with little stripes and curls. The former yields a much greater quantity of sap, in proportion to its size, than the other, but this sap does not afford so much sugar as that of the curled maple. A pound of sugar is frequently procured from two or three gallons of the sap of the curled maple, whereas no more than the same quantity can be had from six or seven gallons of that of the swamp.
The most approved method of getting the sap is by piercing a hole with an auger in the side of the tree, of one inch or an inch and a half in diameter, and two or three inches in depth, obliquely upwards; but the most common mode of coming at it is by cutting a large gash in the tree with an axe. In each case a small spout is fixed at the bottom of the wound, and a vessel is placed underneath to receive the liquor as it falls.
A maple tree of the diameter of twenty inches will commonly yield sufficient sap for making five pounds of sugar each year, and instances have been known of trees yielding nearly this quantity annually for a series of thirty years. Trees that have been gashed and mangled with an axe will not last by any means so long as those which have been carefully pierced with an auger; the axe, however, is generally used, because the sap distils much faster from the wound made by it than from that made by an auger, and it is always an object with the farmer, to have the sap brought home, and boiled down as speedily as possible, in order that the making of sugar may not interfere with his other agricultural pursuits. The season for tapping the trees is when the sap begins to rise, at the commencement of spring, which is just the time that the farmer is most busied in making preparations for sowing his grain.
[Sidenote: MAPLE TREES.]
It is a very remarkable fact, that these trees, after having been tapped for six or seven successive years, always yield more sap than they do on being first wounded; this sap, however, is not so rich as that which the trees distil for the first time; but from its coming in an increased portion, as much sugar is generally procured from a single tree on the fifth or sixth year of its being tapped as on the first.
The maple is the only sort of raw sugar made use of in the country parts of Canada; it is very generally used also by the inhabitants of the towns, whither it is brought for sale by the country people who attend the markets, just the same as any other kind of country produce. The most common form in which it is seen is in loaves or thick round cakes, precisely as it comes out of the vessel where it is boiled down from the sap. These cakes are of a very dark colour in general, and very hard; as they are wanted they are scraped down with a knife, and when thus reduced into powder, the sugar appears of a much lighter cast, and not unlike West Indian muscovada or grained sugar. If the maple sugar be carefully boiled with lime, whites of eggs, blood, or any of the other articles usually employed for clarifying sugar, and properly granulated, by the draining off of the molasses, it is by no means inferior, either in point of strength, flavour, or appearance to the eye, to any West Indian sugar whatsoever: simply boiled down into cakes with milk or whites of eggs it is very agreeable to the taste.
The ingenious Dr. Nooth, of Quebec, who is at the head of the general hospital in Canada, has made a variety of experiments upon the manufacture of maple sugar; he has granulated, and also refined it, so as to render it equal to the best lump sugar that is made in England. To convince the Canadians also, who are as incredulous on some points as they are credulous on others, that it was really maple sugar which they saw thus refined, he has contrived to leave large lumps, exhibiting the sugar in its different stages towards refinement, the lower part of the lumps being left hard, similar to the common cakes, the middle part granulated, and the upper part refined.
[Sidenote: MAPLE TREES.]
Dr. Nooth has calculated, that the sale of the molasses alone would be fully adequate to the expence of refining the maple sugar, if a manufactory for that purpose were established. Some attempts have been made to establish one of the kind at Quebec, but they have never succeeded, as the persons by whom they were made were adventurers that had not sufficient capitals for such an undertaking. It ought not, however, to be concluded from this, that a manufactory of the sort would not succeed if conducted by judicious persons that had ample funds for the business; on the contrary, it is highly probable that it would answer.
There is great reason also to suppose, that a manufactory for making the sugar from the beginning, as well as for refining it, might be established with advantage.
Several acres together are often met with in Canada, entirely covered with maple trees alone; but the trees are most usually found growing mixed with others, in the proportion of from thirty to fifty maple trees to every acre. Thousands and thousands of acres might be procured, within a very short distance of the River St. Lawrence, for less than one shilling an acre, on each of which thirty maple trees would be found; but supposing that only twenty-five trees were found on each acre, then on a track of five thousand acres, supposing each tree to produce five pounds of sugar, 5,580 cwt. 2 qrs. 12 lbs. of sugar might be made annually.
The maple tree attains a growth sufficient for yielding five pounds of sugar annually in the space of twenty years; as the oaks and other kinds of trees, therefore, were cut away for different purposes, maples might be planted in their room, which would be ready to be tapped by the time that the old maple trees failed. Moreover, if these trees were planted out in rows regularly, the trouble of collecting the sap from them would be much less than if they stood widely scattered, as they do in their natural state, and of course the expence of making the sugar would be considerably lessened. Added to this, if young maples were constantly set out in place of the other trees, as they were cut down, the estate, at the end of twenty years, would yield ten times as much sugar as it did originally.
[Sidenote: MAPLE SUGAR.]
It has been asserted, that the difficulty of maintaining horses and men in the woods at the season of the year proper for making the sugar would be so great, as to render every plan for the manufactory of the sugar on an extensive scale abortive. This might be very true, perhaps, in the United States, where the subject has been principally discussed, and where it is that this objection has been made; but it would not hold good in Canada. Many tracks, containing five thousand acres each, of sugar maple land, might be procured in various parts of the country, no part of any of which would be more than six English miles distant from a populous village. The whole labour of boiling in each year would be over in the space of six weeks; the trouble therefore of carrying food during that period, for the men and horses that were wanting for the manufactory, from a village into the woods, would be trifling, and a few huts might be built for their accommodation in the woods at a small expence.
The great labour requisite for conveying the sap from the trees, that grow so far apart, to the boiling house, has been adduced as another objection to the establishment of an extensive sugar manufactory in the woods.