206 Ch. 18. 1774 Lord BURKE'S DEFECTS AS AN ORATOR. penny, when the general feelings of men are irritated, and two millions of people are resolved not to pay. The feelings of the colonies were formerly the feelings of Great Britain. Theirs were formerly the feelings of Mr. Hampden, when called upon for the payment of twenty shillings. Would twenty shillings have ruined Mr. Hampden's fortune? No! but the payment of half twenty shillings on the principle it was demanded would have made him a slave. It is the weight of that preamble, of which you are so fond, and not the weight of the duty that the Americans are unable and unwilling to bear.' No person acquainted with the House of Commons can doubt the effect which this passage must have produced, had the delivery sustained the force and pungency of the argument. What would not Chatham, or his son, or Fox, or Sheridan have made of it? Yet, from the lips of Burke, it passed unnoticed. After an absence from parliament of two years, Chatham went down to raise his voice once more against the fatal policy, to which the government were becoming irretrievably committed. His speech, though wanting the fire of his earlier displays, was in tone and temper consistent with the wise moderation of the counsels which he urged. None of the Whig leaders, indeed, encouraged the Americans in their violent resistance to the law. Rockingham, writing to Burke, immediately after the destruction of the cargo of tea, REAPPEARANCE OF CHATHAM. by the people of Boston, declared their conduct was not to be justified; Shelburne expressed the same opinion; and even Chatham condemned the proceedings at Boston as turbulent and unwarrantable. The Cabinet itself was divided in opinion. Some of the ministers concurred in the moderate sentiments of the opposition; while others, the minority, it is believed, in numbers, as well as in character and influence, were for extreme measures. The former openly spoke of the disturbances in Massachusetts, as a commotion; while the latter were eager to designate them as open rebellion. Lord Dartmouth, who had succeeded Hillsborough as Secretary of State for the Colonies, with Lord North himself, were all but avowedly for conciliation; while Suffolk and Sandwich thought fit to use the language of insult and defiance to the whole American people. For a moment, it seemed doubtful which policy would be adopted; but the strong will of the King was sure to determine the wavering counsels of his cabinet. 207 Ch. 18. 1774 of Canada. Among the numerous Colonial measures brought Government forward during the session of 1774, was one of a wise and beneficial character. This was the bill for the better government of Canada. Twenty years had now elapsed since the conquest of that important province; and during that period its affairs had been regulated only by occasional Lord Shelburne to Lord Chatham, 4th April, 1774. Correspondence. 208 Ch. 18. 1774 French population of Canada. COLONIAL MEASURES. orders in Council. It was time, therefore, that permanent provision should be made for the laws and government of the colony. So far back as 1771, the law officers of the Crown had been instructed to ascertain the system of judicature which then prevailed, and with reference to that system, as well as to the customs and manners of the inhabitants, to prepare a new code of civil and criminal law. Every other source of information which could afford aid in the adjustment of apt institutions, appears to have been carefully consulted, the result being that in 1774, a plan was matured for the consideration of Parliament. When it is stated that the old French population of Canada consisted of 150,000 persons, while only some 360 English settlers were scattered over the vast area, the absurdity of framing for such a country, institutions analogous to those of Great Britain, must be sufficiently manifest. The French subjects of Louis the Fifteenth, whose allegiance had been transferred by the fortune of war to George the Third, neither understood nor desired those privileges which are so highly prized by people of English descent. Accordingly, in the scheme that was prepared, the habits and character of the race which so greatly preponderated, were mainly considered. For a representative chamber, and trial by jury, the Canadians cared nothing; but the free profession of their ancient faith was a privilege to THE FRENCH CANADIANS. which they attached the highest importance. Yet because this people were denied the elective franchise, which they could not appreciate, and trial by jury in civil causes, which they did not want, but were allowed freedom in their religion, a hypocritical and bigoted clamor was raised against the Bill. The arbitrary restrictions on the commercial freedom of a neighbouring province, the violation of chartered rights, nay, the very invasion of trial by jury in criminal cases, so essential to the liberty of the subject-all these things were allowed to be done without a word of remonstrance or of sympathy on the part of the people of England, on behalf of their oppressed and distracted brethren; but no sooner was it proposed to tolerate the Roman Catholic form of worship, and to respect the property of the Romish Church, in a province where all the inhabitants, with a few exceptions which might be counted by the head, were members of the Church of Rome, then an attempt was made to raise the old alarm of Popery, in connection with the cant of arbitrary power. The Corporation of London took the lead in an unworthy attempt to raise a popular opposition to the Bill; and what is more to be lamented, Lord Chatham was so ill-advised as to declaim against a measure which, with regard to the circumstances of the case, was in perfect harmony with the most approved principles of civil and religious freedom. It is to be recorded to the credit of the King, who had 209 Ch. 18. 1774 210 1774 OPPOSITION TO THE BILL FOR Ch. 18. strong prejudices on the subject of Roman Catholic claims, that he gave no countenance to the stupid clamor which within, as well as without the walls of Parliament, was partially excited on this question. Controverted Elections. The other proceedings of the Session of 1774 require only cursory notice. The Act for determining Controverted Elections, which had been passed against much interested opposition, chiefly by the authority of Grenville, four years before, was about to expire, and a motion was made to renew and perpetuate this wise and excellent law. Nevertheless, the proposal was met by a strenuous opposition. None, indeed, had the assurance openly to disparage a measure which provided for the trial of a simple issue of fact, by judicial machinery, instead of leaving it to a party vote of the House, influenced, of course, by the minister of the day; but now that the upright and able author of the Bill was no longer spared to vindicate the honour of Parliament and the free exercise of the elective franchise, the friends of corruption made a vigorous effort to defeat this wholesome measure of reform. But though no man was found openly to defend the old system of trying questions of disputed seats at the bar of the House a mode of trial which was happily described as a tribunal where there were few to hear, but many to judge- still there was no want of pretences, more or less ingenious, for getting rid of the law. Lord North, with more plausi |