JB/008/140/002

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1828 June 2.
H. of Commons Canada Committee. 1828 May 15th and 17th Ellice's Evidence

17 May 1828

Lower Canada Judges
are taken from do English
Barristers," well qualified
to administer the English
Law. 45

By Township justiciables
grounded complaints
of the law from distance and
difficulty of communication
45

Appeals to England frequent:
cause, uncertainty
of French law: standard,
none. 45

Answer as to utility
of extending land jurisdiction
as at Sherbrooke
township, evaded. Answer,
recommending a simple
or cheap and efficient system
for the administration
of justice in the most 'efficient
cause of" settlement
and civilization. 45
46

Registration retrospective
would not detriment Notaries
interests: prospective
would. 46

Sole safe mode of
conveyance now, sale by
Sheriff in foreign execution
of judgment: expense in
voters a large portion of the
value. 46.

All for retrospective registration
he recommends.
46.

After expence for years
in settlement on lands of
his, tenants have abandoned
them to pass into New
York. 46

English had Law as
in U.S. better suited to
Canada, than do. as in
Englands (per Ellice.) 46
No such express opinion there
expressed to his knowledge.

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English mode of conveyancing
would be "an
"aggravation of the evil." U.
S. mode a perfect remedy
47

Limitations to logical
field of local judicatories
disrecommended. 47

In judges, subject to
appeal "superior attainments
not necessary. 47

Education

Montreal Seminary
landed: is well approved
for higher orders. 47

With fewer resources
English-speaking lower
orders are better instrument
than French do.. 47

Roads.

By Clergy reserves, formation
of roads impossible
breed. Causes
50

Commutation of Clergy
reserves provided by
English Bishops. 50.

Canada Company

Terms of contract betw
for sale of Crown Land
and Church reserves to the
Co maleficent to excess
settled by persons utterly
unacquainted with
the Country. 51.

Taxes

Taxes "on trade" might
be sufficient for level best
of both Canadas. 52

Trade-taxes by England
are contrary to principle
but have been and
are quietly submitted to. 52

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British population so
enormous, that soon, if
Government wished to maintain
Gallican ascendancy
revolution would overthrow
it. 53.

Trade.

By Canada Trade
Act 1822 "abrogated
"the most valuable part
of the Constitutional
functions of both the
Colonial Legislature.
Yet it passed almost
"unanimously" supported
by the opposers
of the Union Bill.
53

In case of Union, by
Import dealers the two
Provinces would not
be definitely affected.
53

Either trade must
be taxed or the whole
expence of Civil Government
borne by England
54.

Principal articles
rum and tea. French
rum; English tea-drinkers. 55

By professors of the
Union guarantee for
Catholic Clergy's rights
resisted. 55.

By a Act
Union of the two Provinces
difficulties
would be increased.
56

In Quebec and Montreal,
French population most
numerous: English
rulers and most increasing.
All land
in English hands.
56.

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Representation

Per Act 1791, Assembly
Members, in Upper Canada,
16: lower, 50.
Power being given in it
the 16 have swelled
to 43 or 45. To each
county a representative
and 2,000 inhabitants
make a County.
56.
By lower, no encrease.

In Vermont encrease
of Assembly much more
rapid. At separate times Two additional
members is given to
80 inhabitants: at first to 8 or 9
taxable do.: number of
Members not increased
by in any county by any addition to its population.
57.

Motive, expediting
settlement and cultivation:
80 inhabitants
having as much influence
as 4,000. 57

In Lower Canada,
no Member was elected
by English interest. 57.

Not even in the commercial
bureau: ruling
influence, the Clergy. 58.

Voting qualification
not rememberedby him: proposed
by him, a tax £5.
a year, in counties, £10.
58.

Tithes, Catholics pay
by compulsion, Protestants, exempted. 58

On the North Germany
confederation plan, representation
would not be practicable: none but
either English or U.S.
would be endorsed. 58

Identifier: | JB/008/140/002 "JB/" can not be assigned to a declared number type with value 8.
Date_1	1828-06-02	Marginal Summary Numbering
Box	008	Main Headings	rid yourselves of ultramaria
Folio number	140	Info in main headings field	h. of commons canada committee 1828 may 15th and 17th ellice's evidence
Image	002	Titles
Category	rudiments sheet (brouillon)	Number of Pages	2
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	b&m 1828
Marginals		Paper Producer	arthur moore; richard doane
Corrections		Paper Produced in Year	1828
Notes public		ID Number	3244
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