Q. 34. Endorsed: 6-7 EDWARD VII., A. 1907 patent, under the Great Seal of Great Britain, such Courts of Civil, Criminal, & Ecclesiastical Jurisdiction, within, or for the said Provinces respectively, & from appointing, from time to time, such Judges, & 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 & 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, & the day of its Commencement, Be it therefore Enacted, by the Authority aforesaid, That it shall & may be lawful for His Majesty, by, & with the advice of His Privy Council, to fix & declare the day of the Commencement, of this Act; Provided that such Day shall not be more than (six) months after the (25th day) of June in the Year of Our Lord, 1790. Draft of a Bill. For repealing certain parts of a Bill passed in the 14th Year of His Majesty's And for making further Provision for the Government of so much of His A DORCHESTER TO GRENVILLE.1 N° 15 Sir, QUEBEC 8th February 1790. I received the triplicate of your dispatch No. 2. on the 20th of last month, and avail myself of the first opportunity to submit to His Majesty's Ministers such observations on the proposed Bill, as occur to me in the moment. The inclosed Draught comprehends the corresponding alterations, engrafted upon the Bill, transmitted in your letter. The attainment of a free course of Justice throughout every part of His Majesty's possessions, in the way least likely to give umbrage to the United States, appears to me very desirable. For this reason the Boundaries of the two proposed Provinces are described by a precise Partition line only of the Country of Canada, with the Addition of such general words, as I hoped might include the Territories subject to, or possessed by, His Majesty, to the southward of the forty fifth degree of North Latitude on the side of Lake Champlain, as well as on the side of Oswego, Niagara, Detroit, and Michilimakinac, corresponding as nearly as could be, with the idea expressed in your letter. But upon consulting the Chief Justice, relative to the operation of this description of the Boundary, I find, that he does not think it will answer the desired end. The District of Gaspé it seems best for the present to leave annexed to the Province of Lower Canada, on account of its commercial connection with this province, and because, notwithstanding its distance, the communication of it with Quebec by water, is easier than its access to the seat of the Government of New Brunswick, in the present condition of that pro SESSIONAL PAPER No. 18 B vince; the more so, as the difficulty of a representation from that District, in an Assembly at Quebec is greatly diminished, by the opening left in the Bill for non residents of any district being elected Representatives thereof. But the Bay of Chaleurs being subject to different Governments, particularly during the present uninhabited state of that part of New Brunswick, gives an opportunity to ill disposed persons to elude the controul of the law, to the detriment of the Fisheries, and good order; a clause to remedy this Evil is therefore inclosed, which, if approved of, may be introduced into the Bill, as an addition to the second clause.1 Many advantages might result from an hereditary Legislative Council, distinguished by some mark of honor, did the condition of the country concur in supporting this dignity; but the fluctuating state of Property in these Provinces would expose all hereditary honors to fall into disregard; for the present therefore it would seem more advisable to appoint the members during life, good behaviour, and residence in the province. The number for Upper Canada to be not less than seven, and for Lower Canada not less than fifteen, to be encreased by His Majesty, as the wealth and population of the Country may require. To give them as much consequence as possible, in the present condition of the Province, they should be selected from among the men of property, where talents, integrity, and a firm attachment to the Unity of the Empire may be found. I shall take the first opportunity of communicating the names of such persons, as appear to me the fittest objects of this description. The House of Assembly for Upper Canada might consist of not less than Sixteen, and that for Lower Canada of not less than thirty members, or nearly double in number to the Legislative Councils, to be augmented also in proportion to the Population of the Country. As far as I can judge at present it might be advisable to give the Towns of Quebec and Montreal in Lower Canada, a representation of four members each, and two to the Town of Three Rivers, dividing the Country Parishes thereof into twenty Circles, to send one member each. In Upper Canada the four districts of Luneburg, Mecklenburg, Nassau, and Hesse, to furnish four members each, and hereafter to be subdivided into as many Circles and Towns, as their condition may require. But the present time is too short to enter into a more minute detail, for which reason it is proposed to fix only the smallest number of Members in the Bill, and to leave the actual subdivision and apportionment, necessary for an equal representation, to be ascertained by the Lieutenant Governors, with the advice of the Executive Councils, of the respective Provinces, under authority for that purpose from His Majesty. The qualification of Electors, and persons to be Elected, as to birth, has been extended to inhabitants of the Provinces before and since the conquest, because they may be considered upon an equal footing with the natives, and to foreigners naturalized, because an accession to the Province of light and property from abroad is desirable, and not likely to injure the King's interest, under the guards proposed. The disqualifications of Persons, attainted for Treason, and Felony, Deserters from the Militia when called out into service, and Bankrupts, until the full payment of their debts, have been added to the fourteenth clause, as a check to these evils, and from a persuasion, that persons of that description are not entitled to any political honors or consequence. On the expediency of inserting any commercial regulations, as exceptions to the Laws of Canada, previous to investing the Assembly in Lower Canada with a right to negative all future changes, I regret that the complicated and professional nature of the subject, prevents my forming any 6-7 EDWARD VII., A. 1907 other than a general opinion, that whatever regulations of this sort shall be thought proper to be adopted, should be enacted Specially, unfolded to the people, and not introduced in bulk, and by general description. The introduction of a Soccage Tenure I think necessary in the upper country, and advisable in every part of the province, and this free of Quitrents from all, holding no more than one thousand acres, as recommended in my letter to Lord Sydney' N° 18. And the Quitrent, which it may be judged proper to lay on large Tracts, should be given up to the Provincial Governments for their Support, that all seeds of discord between Great Britain and her Colonies may be prevented. And independent of this important consideration perhaps the true principle of Oeconomy is rather to obviate the necessity of sending money Abroad, than to bring home any from Quitrents or Duties of any Kind. I take for granted, that the benefits, arising to the subject, from a change of the tenure in Fief to that in Common Soccage, are meant to run throughout, as from the King to His Tenant, so from the latter to all his Under-tenants, at the time of change; Otherwise the advantages will be confined to a few, and an interest created unfriendly to the improvement of the country. Some alterations have been made in the clause relative to this point, with a view of clearing doubt upon the subject. The commencement of the operation of the Act, as to every part, excepting only the issuing the Writs of Election, and calling together the Houses of Assembly of the respective Provinces, has been fixed at such time, as may be declared by His Majesty, with the advice of His Privy Council, not later than Six months after the notification of the Act in this Country, which I think will allow time sufficient for all necessary arrangements, as to these points. But for the Convocation of the Assemblies a more distant period appears to be necessary, for the reasons above stated. As soon as the proper plans for their organization shall have been prepared, His Majesty may order the Assemblies to be convened, as soon as convenient, previous to the first of January. 1792, as suggested in the thirty first clause of the Bill, to which is likewise added a proposal for the temporary Government of the two Provinces in the interval, by the Lieutenant Governors, and Legislative Councils thereof, According to the model of the Quebec Bill. Should this be approved, the Royal indulgence of returning to England for a few months on my private Affairs, would give me an opportunity to lay before His Majesty's Ministers all further explanations in my power on this subject. Before I conclude, I have to submit to the wisdom of His Majesty's Councils, whether it may not be advisable to establish a General Government for His Majesty's Dominions upon this Continent, as well as a Governor General, whereby the united exertions of His Majesty's North American Provinces may more effectually be directed to the general interest, and to the preservation of the Unity of the Empire. 2 I inclose a copy of a letter from the Chief Justice, with some additional clauses, upon this subject, prepared by him at my request, together with his draught of an other proposed addition to the Bill, to provide for the trial of foreign treason and murder, as also a copy of his letter respecting the operation of the Boundary, as described in the Bill, with his idea of the Addition necessary to give free scope to our Courts of Justice." The 1 See Dorchester to Sydney, June 13th, 1787; given at p. 646. 2 See below, p. 687. 3 See below, p. 685. 4 See below, p. 689. 5 See Q 44-1, p. 79. 6 See Q 44-1, p. 83. SESSIONAL PAPER No. 18 clause above referred to under the letter B was also prepared by him at my request. New York 1. and the Pro SECOND DRAUGHT OF CONSTITUTIONAL BILL.1 May it therefore please Your Most Excellent Majesty that it may be Mem. The enacted, and be it enacted, by the King's most Excellent Majesty, by and limits between with the advice, and consent of the Lords spiritual and temporal and commons, in this present Parliament assembled, and by the authority of the same, that so much of the said Act, as in any manner relates to the establishment of the boundaries of the Province of Quebec or to the appointment of a Council for the affairs of the said Province or to the power given by the said Act to the said Council or to the major part of them to make Ordinances for the peace, welfare and good Government of the said Province, with the consent of His Majesty's Governor, Lieutenant Governor, or Commander in Chief for the time being, shall be, and the same is hereby repealed. vince of Quebec were adjusted by the Crown in Privy Council in 1766, and communica tions made to the Governors through the Board of Trade.2 (2) This Clause is entirely new. See also the Clause B, which is pro at the end of this Clause. And be it also Enacted by the Authority aforesaid, that the Country of Canada shall be, and the same is hereby, divided into two Provinces to be called the Province of Upper Canada and the Province of Lower Canada, which Provinces shall be separated by a partition line of various courses running due South from a Stone boundary fixed on the north bank of the Lake Saint Francis in a cove of the River of Saint Lawrence, West of Point au Boudet in the limit between the Township of Lancaster and the seigniory of New Longueuil to the Southernmost extent of His posed by the Majesty's Dominions and running in a Northerly direction from the aforeChief Justice, said stone boundary along the Western or inland bounds of the said to be inserted Seigniory of New Longueuil and of the Seigniory of Vaudreuil, according to their various courses, until it strikes the Uttawas River, thence in a direct Line to the nearest point in the centre of the navigable channel of the said river, thence ascending the middle of the navigable Channel of the said river to the Lake Temiscaming, thence through the middle of the said Lake to the most Northerly extremity thereof, and thence running due North, to the boundary of the Territory granted to the Merchants Adventurers of England trading to Hudson's Bay. The Province of Upper Canada to comprehend all the Territories, Lands and Countries, which are now subject to, or possessed by His Majesty, to the westward and southward of the said Partition Line; and the Province of Lower Canada to comprehend all the Territories, Lands and Countries, which are now subject to, or possessed by His Majesty to the eastward of the said partition Line, and to the southward of the southern boundary of the said Territories granted to the Merchants Adventurers of England, trading to 1 Canadian Archives, Q 44-1, p. 30. The first draught of the Constitutional Bill having been sent to. Dorchester for his supervision and completion, we have here the second draught of the bill as amended by him, with the assistance of Chief Justice Smith. 2 This boundary was first defined by the Proclamation of 1763, but was afterwards revised. See note. 2, p. 339. 3 See below, p. 684. This follows with some verbal changes the boundary as previously given by Dorchester. See p. 655, 3. 4. 6-7 EDWARD VII., A. 1907 Hudson's Bay, being no part of the Government of Newfoundland or any other of His Majesty's Provinces in North America, at the time of passing this Act.1 And be it further enacted by the authority aforesaid, that there shall be, within each of the said Provinces respectively, a Legislative Council and a house of Assembly, to be severally composed and constituted, in the manner hereinafter described. And that in each of the said Provinces, respectively, His Majesty, His Heirs, or Successors shall have power, by and with the advice and consent of the Legislative Council, and House of Assembly of such Provinces respectively, to make Laws for the peace, welfare, and good Government thereof; And that such laws being passed by the Legislative Council, and House of Assembly, of either of the said Provinces, respectively and being assented to by His Majesty, His Heirs, or Successors, or being assented to, in His Majesty's name, by such person as His Majesty shall from time to time appoint to be His Governor or Lieutenant Governor of such Province; or as His Majesty shall from time to time appoint to administer His Government within the same, in the absence of such Governor or Lieutenant Governor, shall be valid, and binding on the Inhabitants of the Province, in which the same shall have been so passed. And be it further enacted by the authority aforesaid that for the purpose of constituting such Legislative Council, as aforesaid, in each of the said Provinces respectively, it shall and may be lawful for His Majesty, His Heirs or Successors, by and with the advice of the Privy Council, to authorize and direct His Governor, or Lieutenant Governor or Person administering His Government in each of the said Provinces respectively, within the time hereinafter mentioned, in His Majesty's name and by an Instrument under the Great Seal of the Province to summon to the said Legislative Council, to be established in each of the said Provinces respectively a sufficient number of discreet and proper persons being not fewer than (7) to the Legislative Council for the Province of Upper Canada; and not fewer than (15) to the Legislative Council for the Province of by Virtue of Lower Canada. And that the Persons so summoned shall thereby become members of the Legislative Councils, to which they shall respectively (sic in MS) have been so summoned, and shall constitute and compose the same respectively. And that it shall also be lawful for His Majesty, His Heirs or Successors from time to time, by and with the advice of the Privy Council to authorize and direct His Governor or Lieutenant Governor or Person administering His Government, in each of the said Provinces respectively to Summon to the said Legislative Councils of the said Provinces respectively in like manner, such other person or Persons, as His Majesty, His Heirs or Successors shall think fit. such Sum mons by Virtue of such Sum mons And that every Person who shall be so summoned to the Legislative Council of either of the said Provinces respectively shall thereby become a Member of such Legislative Council, to which he shall have been so summoned. And the major part of them duly assembled shall constitute a Legislative (sic in MS) House or Council. These words are new 1 As to the difficulty of defining the boundaries of the Canadas, see note 3, p. 667; also Dorchester to Grenville, Feb. 8th, p. 674. A suggestion of Chief Justice Smith was rather ingenious, “If to Your Lordship's description, there be an addition, importing, that by Canada is meant whatever the French claimed as New France, until His Majesty shall otherwise declare by Proclamation, the boundaries of the New Provinces will be what the wisdom of the Crown shall see expedient, without waiting for the intervention of Parlia ment; and the Colony Legislatures and Courts be unembarrassed; the French Government having made grants down to the south end of Lake George and asserting a dominion all round the Inland Great Lakes. A clause to this effect is inclosed and submitted to Your Lordship's Pleasure." Q 44-1, p. 81. The clause is as follows:-" And the Country of Canada herein before mentioned shall be deemed and adjudged to include all the Dominions of New France as claimed by the French Crown before the Conquest until His Majesty shall otherwise declare by an Instrument to be issued with the advice of His Privy Council under the Great Seal of Great Britain. Q 44-1, p. 83. |