Message of Rosas-Vote of the House in favour of Resistance- URUGUAY.-Civil War-Success of the revolutionary General, Rivera- The President Oribe retires-Monte Video invested by Rivera.- BRAZIL.-Suppression of the Insurrection at Bahia-Insurrection in Rio Grande-Aggressions of the French-Araujo Lima chosen Regent. THE ANNUAL REGISTER, FOR THE YEAR 1838. HISTORY OF EUROPE. CHAPTER I. General remarks on the Canadian Insurrection-Historical notice of the grievances of Lower Canada-Nature of the disputes concerning the appropriation of the Revenue-Duties of 1774-" Permanent appropriation"-Casual and Territorial Revenues-Law of Property -Tenures-Report of the Commons Committee of 1828-Conciliatory Policy of the British Government-Surrender of the Duties of 1774-Factious conduct of the House of Assembly-Sir Francis Head's publication of his Instructions-Crisis-Progress of the Insurrection in Lower Canada-Conflicts at St. Denis and St. Charles -Revolt suppressed South of the St. Lawrence-Sir John Colborne crosses the Ottawa-Defeat of the Rebels at St. Eustache-Surrender and Burning of St. Benoît-Termination of the Insurrection-State of Public Feeling in the United States-Upper Canada—Mr. Mackenzie's Proclamations-Policy of Sir F. Head-Outbreak near Toronto-Flight of Mackenzie-Seizure of Navy Island-Affair of the Caroline-Aggressive conduct of Citizens of the United StatesOpening of the Session-Evacuation of Navy Island-Patriots successively defeated near Kingston, at Fighting Island, and at Point Pelé Island-Conduct of the American Authorities-Sir Francis Head Resigns the Government-Addresses from the Two HousesProrogation of the Local Parliament-Report of the Committee of the Assembly. THE HE Queen's first Parliament, it will be recollected, was assembled in November, 1837. Some of the more important matVOL. LXXX. ters which came under deliberation at the commencement of the session, such as the civil and pension lists, and the affairs of Canada, are [B] noticed in our last volume. The adjournment before the Christmas recess, took place almost contemporaneously with the arrival of the intelligence of the Canadian revolt, though not before some younger members of the Radical section, had found an opportunity of expressing their exuberant joy at the fact, and their confident predictions of its inevitable consequences. Nor were others wanting, little differing, perhaps, in their views, but more wary in the statement of them, who in a less unqualified tone, espoused the cause of the insurgents, and dwelt with ill-dissembled satisfaction on the difficulties which must attend their subjugation. These sentiments, however, found little echo among the community at large. The liberality that could thus invite revolt, and counsel dismemberment, was of a pitch evidently transcending the comprehension, or sympathy of any considerable body of the people. There could, indeed, be but one opinion among sober minds as to the unprovoked character of the rebellion. Indeed, upon their own statement of them, the grievances of the Canadians were neither of an extent or a kind to justify a resort to such an extremity. It is the modern fashion to consider these as questions rather of expediency than of moral principle. But even on that ground, there was little in the proceedings of the French Canadians to conciliate respect or interest. The most liberal in such matters will admit, that in a struggle of this kind, whatever be its motive or object, a fair probability of success is necessary not merely for its prudential but its moral justification. In the present case, the world was asto nished when it came to see with how feeble means, with what an absence of plan, concert, or of the simplest preparation; and above all, at the instigation of what sort of men (leaders they can scarcely be called, who for the most part fled before battle) the insurrection was hazarded.* Before we proceed to lay before the reader the details of the rebellion, together with the parliamentary discussions which it occasioned, we propose to collect a few of such of the more prominent passages of the constitutional history of Lower Canada, as may serve to illustrate the real character of the Canadian grievances, past as well as present. It is needless to add, that our limited space excludes many points of the greatest importance to either province. The following statement applies almost exclusively to the principal "grievances" of the people of Lower Canada.+ Upper Canada, it will be seen, had its troubles likewise, but they arose less from political causes, than from a predatory spirit on the part of the disturbers of the public peace. Shortly after the cession of Canada in 1763, English law was, by royal proclamation, established in the colony. But by an act passed who ought to know, was not accessory to Mr. Papineau, it is said by those these latter proceedings, which took place contrary to his advice. This may be believed, without giving that gentleman credit for more than common prudence. Yet his conduct immediately anterior to the outbreak scarcely corroborates the statement. For a valuable and authentic body of information on the whole question, the reader is referred to the evidence taken before the Commons committees in 1828 and 1834, and to the report of Lord Gosford's commission published in 1838, in 1774, (14 George 3rd. c. 83) the French civil law was restored, with this restriction, that it should not apply to lands which had been or should be granted in free and common soccage. At the same time the English criminal code was retained. A free exercise of the Roman Catholic religion was guaranteed, subject to the king's supremacy, and their accustomed dues and rights were secured to the clergy of that church. This act of parliament stamped the province with a character exclusively French; and impeded, as far as any legislative enactment could do, the adoption of English manners and institutions. And, thenceforward, the greater number of emigrants of Bristish race, whether loyalists from the old colonies, or adventurers from home, repaired to that part of Canada which now constitutes the upper province, and where there were then no French occupants. This state of things was confirmed in 1791, when the act passed, (31 George 3rd. c. 31) dividing the province into two, and establishing in each the present constitution. The legislatures so created consisted of a council, and an assembly. The members of the former were to be appointed by the Crown. For the purpose of constituting the latter, each province was distributed into counties and towns or townships. The members for the counties were to be chosen by persons holding land in freehold, fief, or roture, to the annual value of forty shillings; while the electoral qualification for the towns consisted of a dwelling house and lot of ground in the township, of the annual value of 51., or for which a rent of 107.; was paid. The assembly was to be renewed every fourth year, and was to consist, in the upper province, of not less than sixteen members, and in the lower of not less than fifty. It seems to be admitted, that the home Government began by shewing little wisdom in its mode of managing the legislature of the lower province. Finding that the assembly was almost entirely French, they thought that they could not do better than make the legislative council as exclusively British. And thus, from a very early period, the two bodies became antagonists. The issue of such a contest was inevitable. The assembly conscious of its strength, took up its ground on the question of finance. Until very lately, however, it was content to confine its efforts within their legitimate sphere; aiming at nothing further than the redress of administrative abuses, which undeniably existed, and demanding an enlarged control over the revenues of the province. We may venture to say, that up to the year 1828, the assembly of lower Canada, if not entirely free from a factious spirit, was yet not, in the main, unreasonable either in its pretensions or its behaviour. In that year, the whole subject came before the house of commons, and the committee, to which the Canadian grievances were referred, made their celebrated report. Several petitions came under their consideration. The most important, signed by about 87,000 inhabitants of Lower Canada, resident within the Seigniories, complained of arbitrary conduct on the part of the governors; of the appointment of none but creatures of the executive government to the legislative council; of the illegal appropriation of public money; of |