64 VICTORIA, A. 1901 Under all the circumstances as connected with the Bill for levying a Tax upon Emigrants arriving by sea at the Ports of Lower Canada, I take leave to recommend it to the favourable consideration of His Majesty's Government. The Right Honourable, MR. STANLEY, &c., &c., &c. I have the honour to be, sir, AYLMER. P. S. Since the above was written a Memorial addressed to me by the Emigrant Society of Quebec has been received of which a Copy will be found along with the other documents adverted to in the body of this Dispatch, and I take leave to call your particular attention to it as being calculated to shew the necessity of making some provision from the Public Funds for the relief of sick and indigent Emigrants. A. No. 16.-LORD AYLMER TO MR. STANLEY. (Archives, Series Q, Vol. 216-3 p. 636). SOREL, Lower CANADA, June 16, 1834. (Extract). Some alarm has been created at Quebec arising from the numerous cases of Typhus fever which have occurred on board of Passage Ships with Emigrants from Ireland, and from the circumstances of a few cases of Asiatic Cholera on board of others. But the whole of the Sick having been landed at the Quarantine Station at Grosse Isle, about thirty Miles below Quebec, I trust the existence of disease will be confined to the Hospital at that Station. MY LORD, I have only just become aware through the medium of the public prints that His Majesty's Government contemplate the allowance of an Act of the Legislature of Lower Canada by which a capitation tax is imposed on all passengers arriving in that Province by sea from any port in the United Kingdom. A tax similar to this was imposed in the years 1831-2, and most justly called forth an expression of the sentiments of the Legislature of Upper Canada on this question. I beg leave respectfully to refer Your Lordship to the sound and constitutional reasoning in that address feeling confident, that hitherto it has remained wholly unanswered. SESSIONAL PAPER No. 18 It was understood, during the last sitting of the Legislature of Upper Canada that a similar measure was in progress before the Assembly of the Lower Province, and an address praying His Majesty not to assent to any such bill was adopted. In both the addresses to which I refer the right of the province of Lower Canada to impose such a duty was strongly contested and without hoping to add any force to the arguments there urged, I will briefly recapitulate some of the objections to this measure : It is an imposition of a duty, by a local legislature upon all his Majesty's subjects, whose pleasure or business may occasion them to land in Lower Canada, involving a most important principle, for the amount of the tax is a secondary consideration, as the right to impose it being once admitted it may be carried to any extent till it amounts to an absolute exclusion of British subjects from a British province. It cannot be assimilated to the imposition of duties on merchandise, the principle of which is wholly different and in which case the interests of the Upper Province are expressly guarded by the Imperial act 3, Geo. 4. c, 119, sec. 29--nor is it any more defensible on any ground of policy which should be recognized by the mother country, as it has a direct tendency to check emigration and thereby seriously affect the interests of the colonies, and more especially of Upper Canada. I think I may further venture to urge that a parallel instance of the imposition of a personal tax on every subject visiting a particular section of the British dominion cannot be found. Were this tax confined to those who are or intend to be domiciled in the Province by whose enactment it is imposed, there might be no just ground of complaint but when its operation is extended to residents of the sister Colony and to emigrants from the British Isles who merely desire to pass through Lower Canada to their destination it becomes palpably unjust for while the whole fund is received in that province, one of the uses to which it is applied is to transfer to the Upper Province as speedily as possible, those emigrants. who on arriving there require assistance, while not the smallest portion of this fund is transmitted with them to forward them to their ultimate destination. And I have reason to believe that instances may be found where widows and orphans have been returned in a state of utter destitution, by the same means, without ever proceeding beyond Quebec. It is not to be denied that a large number of persons in a state of great indigence are annually thrown upon the charity of the inhabitants of Quebec and Montreal, but it is no less true that the same burden is imposed to an equal extent compared with their resources on the principal towns of the Upper Province. The admission of the evil however by no means admits the propriety of the enactment in question and a resort to it can only be justified when the less objectionable modes and expedients have been tried in vain. The regulation of emigration by the Mother country and the provision of a fund for the actual settlement of destitute emigrants to be levied at the different ports of embarkation in the United Kingdom would be free from the principal objections to the present system and would probably without checking emigration to any great extent greatly diminish the evils now complained of. If it is right that Lower Canada should impose such a tax to provide a fund to relieve the sick and destitute emigrants and forward them to their place of destination, which is the alleged object, it must be equally right that Upper Canada to which at least two thirds of these emigrants proceed, should pursue a similar course. The sick and destitute will not the less require relief and assistance when they arrive at the boundary between the two Provinces than they did when they arrived at Quebec. If the necessity of the case justifies this imposition in one province it will equally justify it in the other, and the unfortunate emigrants after paying for leave to pass through Lower Canada may be called upon to pay for their entry to the Upper Province. This enactment involves also a departure from the principle on which the apportionment of duties on merchandise raised in Lower Canada is regulated-Upper Canada receives a part of these duties in proportion to her consumption of the articles on which those duties are imposed, and it seems but equally just that she should receive a portion of this tax raised to meet a peculiar evil corresponding to the portion of the very same evil which is inflicted on her which is not however the case. 64 VICTORIA, A. 1901 In conclusion, my Lord, I beg leave to apologise for this intrusion on your time and attention. But well aware as I am that this imposition is viewed in Upper Canada as unconstitutional and oppressive, and that such sentiments have been expressed by its Legislature on former occasions, I cannot refrain from endeavouring to draw your Lordship's attention to it again. It is possible that the period during which your Lordship has presided at the Colonial office has been too short to permit you to have viewed all the bearings of the question-and I would rather incur the charge of presumption in thus addressing your Lordship, than feel myself guilty of neglecting any opportunity of urging the reconsideration of a question on which so deep an interest is felt in my adopted country. I have the honour to be, my Lord, Your Lordship's most obedient humble servant, STATE PAPERS, LOWER CANADA. GOVERNOR LORD AYLMER, 1832. 1831. November 8, Sherbrooke. November 9, November 29, 1832. January 1, Quebec. Q. 201-1. Petition of C. M. Hyndman, crier of the Court of King's Bench for the inferior district of St. Francis, praying for a salary. Page 195 Petition of Charles Antoine Godefroy de Tonnancour for salary as coroner. 193 Chief Justice Reid to Craig, Civil Secretary. Represents the propriety of an increase to his salary and allowance owing to the extent of his work. 196 Aylmer to Goderich (No. 1). Sends schedule of dispatches sent to the Colonial Secretary in 1831. 1 Enclosed. Schedule. 2 January 1, Aylmer to Goderich (No. 2). Sends half yearly return of the members of the Executive and Legislative Councils for Lower Canada. 10 Enclosed Return. 11 January 9, Jannary 19, Three Rivers, January 20, January 26, January 26, Quebec. 18-1 Aylmer to Goderich (No. 3). Transmits petition from the Presbytery of Quebec in communion with the Church of Scotland for a participation in the benefits of the clergy reserves. Enclosed. Petition. 19 20 Explanation by the magistrates of the manner in which prisoners escaped and recommendation for additional precautions. 199 Aylmer to Goderich (No. 4). Sends transcript of proceedings of Executive Council of Lower Canada to 31st December, 1831. 26 The same to the same (No. 5). Has received dispatches according to schedule. Enclosed. Schedule. 27 28 Aylmer to Goderich (No. 6). The Committee of Assembly reported that all the judges, including the Chief Justice, should be disqualified from having seats in the Legislative Council. This clause defeated in the Assembly. The pensions and retiring allowances to the judges to be charged to the casual and territorial revenue. The bill makes the Legislative Council a tribunal for the trial of impeachments, without appeal; but a clause to that effect was negatived. Does not think that there was any attempt to infringe the prerogatives of the Crown in the bill which is so contrary to the instructions that he (Aylmer) had reserved it, but urged its being assented to. The favourable disposition of the Assembly towards providing for the salaries, pensions and incidental expenses of the judges. Sends copy of the bill without remarks. 30 Enclosed. Bill. 36 Aylmer to Goderich (No. 7). Thinks it probable that the civil list, limited as it is, may be entirely reduced or so altered that he would be unable to assent to it, if it passes the Council, which he doubts. The evils resulting from this course, but it may be attended with benefit. The minority on the civil list will be respectable in point of numbers, talent and respectability and no cry can be raised against government the public being satisfied with the reasonableness of the proposition. The conduct to be observed with respect to the civil list which will prevent any lasting evil from the reservation. Thinks the concessions made to the Assembly have 715 1832.. January 27, February 5,1 February 13, 64 VICTORIA, A. 1901 produced the feeling that nothing that it asks will be refused, if it is 45 47 Aylmer to Goderich (No. 8). Sends copy of resolutions introduced by Bourdages into the Assembly which were negatived by 37 votes to 22, the object being to make the Legislative Council elective. The change in the Assembly since last year. The public satisfied with things as they are. Enclosed. Resolutions lost on 16th January. The same in French. 48 51 58 Aylmer to Goderich (private). His apprehensions as to the fate of the civil list realised by its rejection; the minority smaller than he expected for reasons given. The Assembly is considering the estimates. The supply bill must be reserved; he must provide for the embarrassments caused by the suspension of payments. The rejection of the civil list will not cause irritation on his part. Advises that a dissolution of the present House should not be resorted to as it would produce an excitement that could not be caused by other means. The Canadian people are loyal, peaceable and well disposed and the members of the Assembly (with a few exceptions) do not use systematic opposition to His Majesty's government. But the Canadians require management, being full of suspicions and jealousies of the intentions of persons in authority. At present the public mind is perfectly tranquil. Explained that much of the action of the Assembly, which appeared unfavourable at a distance was due to the hostility to the present Chief Justice and to Stuart, Attorney General who was regarded as his probable successor. Calls attention to the method by which the salary of the civil secretary should be provided. The danger of allowing it to be placed under the power of the Assembly. 72 65 The same to the same (No. 9). Dispatches received according to schedule. 73 February 25, Aylmer to Goderich (No. 10). Prorogued the provincial Parliament on this date and sends his speech, &c. February 25, February 27, Aylmer to Goderich (No. 11). Sends copy of Act to impose a tax on emigrants arriving from the United Kingdom. 86 The same to the same (No. 12). Transmits resolution of the Assembly showing that it fully persists in the prayer for the dismissal of the Attorney General. 88 89 75 Enclosed. List of bills assented to and reserved and Governor's speech. 76, 82 February 27, February 27, Enclosed. Resolution. Aylmer to Goderich (No. 13). Transmits address from the Assembly with charges against Mr. Justice Kerr, puisné judge of King's Bench. Calls attention to the resolution, that the offices of puisné judge of King's Bench and surrogate judge of the Court of Vice Admiralty are incompatible in the same person. Has found no inconvenience from the practice. 90 Enclosed. Address. Answer to the address. Aylmer to Goderich (No. 14). Emigrant Society with documents. the memoir. |