w. By it the claims of Upper Canada were recognised, and to
guard that province against the caprice of the lower province, all the
duties payable under Acts of the legislature of Lower Canada, on
imports, were to be permanently continued, according to the latest
agreement, in July, 1819. The two temporary provincial Acts, 53 and 55,
George III, chapter 2, and 85, George III, chapter 3, including that
which had been suffered to expire were revived, and became permanent
Acts, only liable to repeal or alteration, by Lower Canada, with the
concurrence of Upper Canada. New duties on imports by sea could not be
imposed by Lower Canada without the consent of Upper Canada, without
the special interference of the imperial parliament. It was no wonder
that Lord Dalhousie spoke ironically of the effect to be produced by
the stoppage of the supplies. The measure was not, however, judicious.
It was in the highest degree irritating to Lower Canada. It was a
positive grievance, and indeed it was a partial destruction of the
constitution, at the instance of a placeman. There was one good thing
in the Act. The power of commuting the seigniorial or feudal tenure
into free and common soccage was given to the censitaire in
transactions with the crown.
This rude assault upon the Commons of Lower Canada came at an
unfortunate period. Both provinces were suffering. Agriculture and
commerce were in distress. Agricultural and commercial distress had
also afflicted the mother country. People were unwillingly idle, and
consequently, discontented. The regulations then existing in Great
Britain, with respect to the importation of grain and flour from the
Canadas were alleged to amount almost to a prohibition. To the
operation of these regulations Canadian distress was attributed. Unless
relief were speedily obtained, the certain ruin of the entire farming
and commercial interests was expected to ensue. The difficulties
occasioned by the obstruction to Canadian navigation, in winter,
rendered it impossible for the Canadian farmer to compete fairly or
with a reasonable chance of success, in the English markets, with the
United States. American produce was admitted into Lower Canada, for
consumption, free of duty, to the prejudice of Upper Canada, and was a
direct violation of the reciprocity which ought to exist between the
two provinces, as it depressed the price of Upper Canada produce, and
rendered nugatory the laws existing for its protection. A
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