SESSIONAL PAPER No. 18 new (sic in MS) 26. said, shall thereupon cause a fresh Grant to be made to such Person or Persons of such Lands, to be holden in free and common Soccage. And every such change of Tenure shall work the absolute extinguishment of all Mutation, Fines, burthens and incumbrances within the Tract so surrendered, and regranted, to which the same, or any part thereof, would or might have been liable, under the laws and customs, concerning lands held in Fief or in Roture, or in any other manner than in free and common Soccage in either of the said Provinces. Provided nevertheless, and be it enacted by the Authority aforesaid, that such surrender and grant, shall not avoid or Bar, any right to any see Clause E. such lands so Surrendered, or any interest in the same, to which any Person containing an extension or Persons, other than the Person, or Persons, surrendering the same, shall proposed to be have been intitled, either in possession, remainder, or reversion, or othergiven to the wise, at the time of such surrender, but that every such right and title Criminal Law.1 shall be as valid, and effectual, as if such surrender and grant had never (sic in MS) been made. 27. 28. 29. 30. And whereas it has been declared by an Act, passed in the Eighteenth Year of the Reign of His present Majesty, that the King and Parliament of Great Britain will not impose any Duty, Tax, or Assessment whatever, payable in any of His Majesty's Colonies, Provinces, and Plantations, in North America, or the West Indies, except only such duties, as it may be expedient to impose for the regulation of Commerce, the Net Produce of such Duties to be always applied to and for the use of the Colony, Province or Plantation, in which the same shall be respectively levied, in such manner as other duties collected by the authority of the respective General Courts or General Assemblies, of such Colonies Provinces or Plantations, are ordinarily paid and applied. And whereas it is necessary for the general benefit of the British Empire, that such Power of Regulation of Commerce should continue to be exercised by His Majesty, and the Parliament of Great Britain, subject nevertheless to the condition herein before Specified, with respect to the application of any Duties, which may be imposed for that purpose; Be it therefore enacted by the authority aforesaid, that nothing in this Act contained shall extend, or be construed to extend, to prevent, or affect the due execution of any Law, which has been, or shall be enacted by His Majesty, and the Parliament of Great Britain for establishing Regulations, and Prohibitions, and for imposing, levying, and collecting, Duties for the Regulation of Commerce and Navigation. Provided always and be it enacted by the authority aforesaid, that all Duties, which shall be so imposed, shall be subject, and liable, to the sole disposition of the Legislatures of the respective Provinces, as established by this Act. And be it further enacted by the authority aforesaid, that nothing in this act contained, shall extend, or be construed to extend, to prevent or hinder His Majesty from appointing, erecting, and constituting, such Executive Council, or Councils, as He may judge proper, in each of the said Provinces respectively; or from nominating, and appointing thereto, from time to time, such Persons, as He shall think fit to compose the same, or from removing therefrom, any person, or persons, whom He may think fit so to remove. And be it further enacted, that nothing, in this Act contained, shall extend, or be construed to extend, to hinder His Majesty, His Heirs, or Successors, from erecting, constituting, and appointing, by His, or Their letters Patent, under the Great Seal of Great Britain, such Courts of Civil, 1 See p. 689. 2 See note 3, p. 673. B. 31. 6-7 EDWARD VII., A. 1907 Criminal, and Ecclesiastical, Jurisdiction, within, or for, the said Provinces, respectively, and from appointing, from time to time, such Judges, and Officers, thereof, as His Majesty, His Heirs, or Successors, shall think necessary, or proper, for the circumstances of the said Provinces. And whereas by reason of the distance of the said Provinces from this Country and of the change to be made by this Act in the Government thereof, it may be necessary that some interval should elapse, between the notification of this Act to the said Provinces and the day of its commence ment. Be it therefore enacted by the authority aforesaid that it shall and may be lawful for His Majesty with the advice of His Privy Council, to fix and declare, the day of the commencement thereof-Provided that such day shall not be more than six months after the notification of the said Act, in each of the respective Provinces as to all and every part thereof, excepting only the issuing the Writs of election and calling together the houses of Assembly of each of the said Provinces respectively which it shall and may be lawful for His Majesty by and with the advice of His Privy Council to order, and direct at any time not exceeding the first day of January in the year of our Lord One thousand seven hundred and ninety two. But to the end of a temporary provision for the welfare of the said Provinces until laws shall be made for the same by the Legislative Councils and Assemblies thereof respectively as herein before declared. Be it also enacted by the same authority that the Governor, Lieutenant Governor or Person administering His Majesty's Government in each of the said Provinces with the Legislative Council shall and may make ordinances to be bitding within the same respectively without an Assembly, to the extent and under the Conditions restraints and Limitations declared respecting the power and Authority of the Legislative Council mentioned in the Act of the fourteenth year of His Majesty's Reign-Chapter 83.1 Endorsed. D A. In Lord Dorchesters to Mr. Grenville N° 15. of 8 February 1790. BOUNDARY BETWEEN QUEBEC AND NEW BRUNSWICK.2 And whereas doubts have arisen concerning the Partition Line between the Province of Quebec and the Province of New Brunswick and the Coast of the Fisheries in the Gulph of Saint Lawrence is at present a part of each Province, and many inconveniences prejudicial to the due management of the said Fisheries arise from the want of a regular and competent Government, and the uninhabited condition of that part of the Coast comprehended in the said Province of New Brunswick. Be it therefore also enacted by the authority aforesaid that it shall be lawful for His Majesty, His Heirs, or Successors, with the advice of His or their Privy Council, to declare and establish the Partition and division between the said two provinces of Lower Canada and New Brunswick by any Instrument to be issued under the Great Seal of Great Britain. Provided always, and be it also hereby enacted that the declaration and establishment, so to be made, shall not operate to the defeating or annulling of any title or Property, already duly acquired under the authority of either of the said Provinces; And that until His Majesty, His Heirs, or 1 The Quebec Act, see p. 401. 2Q 44-1, p. 59. This is clause B, draughted by Chief Justice Smith, referred to in sec. 2 of the above draught of the Constitutional Bill. See p. 677. SESSIONAL PAPER No. 18 Successors, shall issue such instrument and declaration, the Jurisdiction of the said Province of Lower Canada shall extend over and comprehend, all that part of the said Province of New Brunswick along the coast of the said Gulph of St Lawrence, which is situated to the northward of a line running through the middle of Focadie Bay to the most Westerly or extreme head thereof and thence in a Westerly direction at the distance of ten miles from the shore of the said Coast, until it strikes the boundary of the Province of Lower Canada; but that any titles to Estates in Lands within the present limits of New Brunswick shall be as valid as if this Act had never been made. Endorsed B. D In Lord Dorchester's to Mr. Grenville No. 15. of the 8th February 1790. Copy My Lord, CHIEF JUSTICE SMITH TO DORCHESTER.' Quebec 5th February 1790. The clause inclosed for the Trial of extraprovincial offences appears to me to be necessary to encourage that spirit of Enterprize, which leads our people in the Fur Trade to explore the Depths of this Continent, and has carried them almost over to the Eastern shores of the Pacific Ocean. This Commerce, elsewhere wearing out, by the encreased Population of the northeastern parts of the antient Continent, will soon become the monopoly of our nation. I have couched it in terms least likely of any that occur to me, to excite the Jealousy of our Neighbours. 3 The Bill with the other additions for the intended Reforms in this Country, left to be supplied by Your Lordship's local Experience, greatly improves the old model of our colonial Governments; for even those called the Royal Provinces, to distinguish them from the Proprietary and chartered Republics of the Stuart Kings had Essential Faults, and the same general tendency. Mr. Grenville's plan will most assuredly lay a foundation for two spacious populous and flourishing Provinces, and for more to grow out of them; and compose, at no remote period, a mass of Power very worthy of immediate attention. I miss in it however, the expected Establishment to put what remains to Great Britain of Her Antient Dominions in North America, under one general direction, for the united interest and safety of every Branch of the Empire. The Colonies of England were flourishing Colonies. It was the natural effect of the connection, the Character of the People, and the Genius of the English Constitution. Our's will be so too. But that prosperity may be their ruin. And I trust in God that the wisdom, which is dictating the new Arrangements for us, will perfect its work, by a system to prevent our repeating the Folly, that has plunged the severed parts of the Continent into poverty and distress. Native as I am of one of the old Provinces, and early in the public service and Councils, I trace the late Revolt and Rent to a remoter cause, than those to which it is ordinarily ascribed. The Truth is that the Country had outgrown its Government, and wanted the true remedy for more than half a century before the Rupture commenced 1 Canadian Archives, Q 44-1, p. 61. This is section C of the enclosures in Dorchester's despatch to Grenville, of Feb. 8th, 1790. 2 Given below, see p. 689. 3 Referring to the first draught of the Constitutional Bill, (see p. 667) with the additions and amendments made by Dorchester, and embodied in the second draught (see p. 677) which constitutes section A of the enclosures in Dorchester to Grenville, of Feb. 8th He was a native of New York and a member of the Council of that Province before the Revolu 6-7 EDWARD VII., A. 1907 To what period it continued to be practicable is problematical, and need not now be assigned. To expect wisdom and moderation from near a score of Petty Parliaments, consisting in effect of only one of the three necessary branches of a Parliament, must, after the light brought by experience, appear to have been a very extravagant Expectation. So it has been to my view above twenty years, and I did not conceal it. All My Lord, an American Assembly, quiet in the weakness of their Infancy, could not but discover in their Elevation to Prosperity, that themselves were the substance, and the Governor and Board of Council mere shadows in their political Frame America was thus, at the very outset of the Plantations, abandoned to Democracy. And it belonged to the Administrations of the days of Our Fathers to have found the Cure, in the Erection of a Power upon the Continent itself, to controul all its own little Republics, and create a Partner in the Legislation of the Empire, Capable of consulting their own safety, and the common welfare. To be better understood by your Lordship I beg leave to put a paper under this cover, in the form of additions to the present proposed Bill, partly suggested by the necessity of something to give a real and useful significancy to Your Lordship's nominal command of more Provinces than this.' As to the moment for commencing such an Establishment, that certainly must be the worst, when it shall be most wanted. And since its Erection will speak Intentions, and may give Umbrage, that will be the best time, in which that Umbrage shall excite the least apprehension. The Debility of our Neighbours is notorious, nor can be succoured during the Distractions of France, and the consternation Spread by those Distractions through all Europe. Here in these provinces, where it is of much consequence, to set out with good habits, what juncture can be so favourable, as when the thousands thrown into them, under Your Patronage and Direction, have their Loyalty confirmed by Resentments for their Sufferings; and so are disposed to take, and especially from Your hand, whatever the wisdom of Great Britain shall prescribe, as a Gift of her Benevolence. As to Canada, I mean that part of it to become Lower Canada, the Biasses in it, if there are any remaining, to the Stock, from which it was severed, are become perfectly harmless, by that Body of English Loyalty Your Lordship has planted in the WestBy their aversion to share in the Burdens and Miseries of the Revolted Colonies, and by the growing Discernement, that our safety and Prosperity is only to be found in the Commerce and Arms of Great Britain. I am old enough to remember, what we in the Maritime Provinces dreaded from this French Colony in the North, and what it cost to take away that dread, which confined our Population to the Edges of the Atlantic; and my mind is therefore carried, under such an Administration as the present one, into a strong Persuasion, that nothing will be neglected to enable Great Britain, so to serve herself of that Power, she already possesses here, as to check any Councils to be meditated to her Detriment, by the new Nation she has consented to create. She may do more! but this is out of my province. a So much, my Lord, You'll forgive me. I could not repress what I owed to the vindication of my Zeal, in the sacrifice of my fortune for the British Interest, and I think still for the best Interests too of the Country of my Birth. Most of all I owed it to my Sovereign, in whose Grace I found a Relief at the end of the Storm. 1 Lord Dorchester was appointed Governor, not only of Canada but of all the other British Prov inces. See note 2, p. 550. 2 Meaning the Maritime Provinces of the old British Colonies, now the Atlantic States. SESSIONAL PAPER No. 18 With a deep and grateful sense of all Your kindnesses and the honour of your request of my poor abilities, upon questions of so great magnitude and consequence. I am, My Lord, with the highest respect and esteem (1) ✦ Blank in MS. (2) (3) PROPOSED ADDITIONS TO THE NEW CANADA BILL FOR A And to provide still more effectually for the Government safety and prosperity of all His Majesty's Dominions in North America, and firmly to unite the several branches of the Empire. Be it also enacted by the same authority that there shall be (with a Governor General) a Legislative Council and a General Assembly for all His Majesty's Dominions and the Provinces whereof the same do now or may hereafter consist in the parts of America to the Southward of Hudson's Bay, and in those seas to the Northward of the Bermuda or Somers Islands; And that His Majesty His Heirs and Successors shall have power by and with the advice and consent of the said Legislative Council and General Assembly to make laws for the peace, welfare and good Government of all or any of the said Provinces and Dominions: And that such Laws being passed by the said Legislative Council and General Assembly and being assented to by His Majesty, His Heirs and Successors, or being assented to in His Majesty's name by the Person appointed or to be appointed Governor General of the Provinces and Dominions aforesaid, or such person as may be appointed by the Crown to exercise the powers of Governor General on the death or absence of such Governor General, shall be valid and binding on the inhabitants of the said Dominions or such part thereof as shall for that purpose be expressed. * And be it enacted by the same authority that such Legislative Council may be composed of at least Members from each of the said Provinces to be appointed as His Majesty by His Royal Inst uctions to the Governor General for the time being shall authorize and direct, who shall hold their several places in the said Council for Life subject nevertherless to such terms and conditions as are herein before declared to be annexed to the trust and station of a member of the Legislative Council of either of the said Provinces of Upper & Lower Canada, and saving to His Majesty's Governor General or the Person upon whom that trust by His Majesty's appointment may devolve, power and authority from time to time by an instrument under the Great Seal to be created for the British Dominions in North America, to constitute, appoint and remove the Speaker of such Legislative Council. And be it also enacted by the same Authority that such General Assembly may be composed of such persons as may be elected by the 1 Canadian Archives, Q 44-1, p. 68. This is section D of the enclosures in Dorchester's despatch of Feb. 8th. It consists of the additions to the Constitutional Bill proposed by Chief Justice Smith with a view to forming a general government for the remaining British Colonies. It applies to Canada an idea already suggested by several parties, among them the Chief Justice himself, for the unification of gover ment and administration among the older colonies. |