No part of the constitution of 1840 gave greater offence to the French Canadian population than the clause restricting the use of the French language in the legislature. It was considered as a part of the policy, foreshadowed in Lord Durham’s report, to denationalise, if possible, the French Canadian province. The repeal of the clause, in 1848, was one evidence of the harmonious operation of the union, and of a better feeling between the two sections of the population. Still later, provision was made for the gradual establishment of an elective legislative council, so long and earnestly demanded by the old legislature of Lower Canada.
The members of the Lafontaine-Baldwin government became the legislative executors of a troublesome legacy left to them by a Conservative ministry. In 1839 acts had been passed by the special council of Lower Canada and the legislature of Upper Canada to compensate the loyal inhabitants of those provinces for the loss they had sustained during the rebellions. In the first session of the union parliament the Upper Canadian act was amended, and money voted to reimburse all persons in Upper Canada whose property had been unnecessarily, or wantonly, destroyed by persons acting, or pretending to act, on behalf of the crown. An agitation then commenced for the application of the same principle to Lower Canada, and in 1845 commissioners were appointed by the Draper administration to inquire into the nature and value of the losses suffered by her Majesty’s loyal subjects in Lower Canada. When their report was presented in favour of certain claims the Draper ministry brought in some legislation on the subject, but went out of office before any action could be taken thereon. The Lafontaine-Baldwin government then determined to set the question at rest, and introduced legislation for the issue of debentures to the amount of $400,000 for the payment of losses sustained by persons who had not been convicted of, or charged with, high treason or other offences of a treasonable nature, or had been committed to the custody of the sheriff in the gaol of Montreal and subsequently transported to the island of Bermuda. Although the principle of this measure was fully justified by the action of the Tory Draper government, extreme Loyalists and even some Reformers of Upper Canada declaimed against it in the most violent terms, and a few persons even declared that they would prefer annexation to the United States to the payment of the rebels. The bill, however, passed the legislature