Counsels less wise and just prevailed, and the united province was "gerrymandered" against Lord Durham's protest. Lower Canada complained of the injustice, and with good reason. In the course of time Lord Durham's prediction was fulfilled; by immigration the population of Upper Canada overtook and passed that of Lower Canada. The census of 1852 gave Upper Canada a population of nine hundred and fifty-two thousand, and Lower Canada a population of eight hundred and ninety thousand two hundred and sixty-one. Brown began to press for representation by population. He was met by two objections. It was argued on behalf of the French-Canadians that they had submitted to the injustice while they had the larger population, and that the Upper Canadians ought to follow their example. Mr. Brown admitted the force of this argument, but he met it by showing that the Lower Canadians had been under-represented for eight years, and that by the time the new representation went into force, the Upper Canadians would have suffered injustice for about an equal term, so that a balance might be struck. A more formidable objection was raised by Mr. Hincks, who said that the union was in the nature of a compact between two nations having widely different institutions; that the basis of the compact was equal representation, and that Brown's proposition would destroy that basis. Cartier said that representation by population could not be had without repeal of the union. The French-Canadians were afraid that they would be swamped, and would be obliged to accept the laws and institutions of the majority.
It is impossible to deny the force of these objections. In 1841 Lower Canada had been compelled to join a union in which the voting power of Upper Canada was arbitrarily increased. If this was due to distrust, to fear of "French domination," French-Canadians could not be blamed for showing an equal distrust of English domination, and for refusing to give up the barrier which, as they believed, protected their peculiar institutions. Ultimately the solution was found in the application of the federal system, giving unity in matters requiring common action, and freedom to differ in matters of local concern. Towards this solution events were tending, and the importance of Brown's agitation for representation by population, which gained immense force in Upper Canada, lies in its relation to the larger plan of confederation.