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CONSTITUTION

OF

UPPER CANADA.

HOUSE OF COMMONS.

Friday, 4th March, 1791.

MR. CHANCELLOR PITT moved, "That His Majesty's Message concerning the New Constitution for Quebec might be read." It was read accordingly.

"GEORGE R.

"His Majesty thinks it proper to acquaint the House of Commons, that it appears to his Majesty that it would be for the benefit of his Majesty's subjects in the province of Quebec, that the same should be divided into two separate provinces, to be called the Province of Upper Canada and the Province of Lower Canada; and that it is accordingly his Majesty's intention so to divide the same, whenever his Majesty shall be enabled by act of parliament to establish the necessary regulations for the government of the said provinces. His Majesty therefore recommends this object to the consideration of this House.

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"His Majesty also recommends it to this House to consider of such provisions as may be necessary to enable his Majesty to make a permanent appropriation of lands in the said provinces, for the support and maintenance of a Protestant clergy within the same, in proportion to such lands as have been already granted within the same by his Majesty; and it is his Majesty's desire that such provision may be made, with respect to all future grants of land within the said provinces respectively, as may best conduce to the same object, in proportion to such increase as may happen in the population and cultivation of the said provinces; and for this purpose his Majesty consents that such provisions or regulations may be made by this House, respecting all future grants of land to be made by his Majesty within the said provinces, as this House shall think fit."

Mr. Chancellor Pitt then moved, "That the act of the 14th of his Majesty, respecting the said province, be read;" and the title being read, pro forma, he observed that the purport of his motion was to repeal part of the above act, and to introduce new regulations for the future government of the province. Feeling the importance of the subject, he should have been desirous of stating fully to the House the grounds and the principles on which he meant to proceed in forming a constitution for a valuable appendage to the British dominion, which he trusted would contribute to its future prosperity; but as it was not likely that any opposition would arise against bringing in a bill for this purpose, and as explanation would come

with more propriety when the bill was before the House, he should state only in a few words the outlines of the plan, unless questions were asked, or explanations demanded, in the first instance. The bill which he meant to propose was founded, in the first place, on the recommendation contained in his Majesty's message to divide the province into two governments. This division, it was hoped, would put an end to the competition between the old French inhabitants and the new settlers from Britain or British colonies, which had occasioned the disputes and uncertainty respecting law, and other disputes of less importance, by which the province had been so long distracted. This division, it was hoped, could be made in such a manner as to give each a great majority in their own particular part, although it could not be expected to draw a line of complete separation. Any incon. veniences to be apprehended from ancient Canadians being included in the one, or British settlers in the other, would be cured by the establishment of a local legislator in each.

It was for this purpose that he should first propose, in imitation of the constitution of the mother-country, a Council and House of Assembly for each; the Assembly to be constituted in the usual manner, and the members of the Council to be members for life, reserving power to his Majesty to annex to certain honours an hereditary right of sitting in the Council. All laws and ordinances of the province were to remain in force till altered by this new legislature. They would consequently retain

as much of the law of England as they now had, and chose to keep; and they would possess the means of introducing as much more as they might think convenient. THE HABEAS CORPUS ACT WAS ALREADY LAW, BY AN ORDINANCE OF THE PROVINCE, AND THIS INVALUABLE RIGHT WAS TO BE CONTINUED AS A FUNDAMENTAL PRINCIPLE OF THE CONSTITUTION.

These were the most important points; but there were others to which the attention of the House was called by his Majesty's message. It was meant to make provision for a Protestant clergy in both divisions, by an allotment of lands in proportion to those already granted; and as in one of them the majority of the inhabitants would be Catholics, it was meant to provide that it shall not be lawful for his Majesty in future to assent to grants of lands for this purpose, under the sanction of the Council and Assembly of either division, without first submitting them to the consideration of the British parliament. The tenures which had been the subject of dispute, were to be settled in Lower Canada by the local legislature; in Upper Canada the settlers being mostly British, or British colonists, the tenures were to be soccage tenures; and in order to prevent any such dispute as had been the cause of separating the thirteen states from the mother country, it was provided that the British parliament should impose no taxes but such as were necessary for the regulation of trade and commerce; and to guard against the abuse of this

power, such taxes were to be levied and to be disposed by the legislature of each division. As the constitution which he had thus briefly opened could not be in a state of activity for some time, his Majesty was to be empowered to make temporary regulations, to be in force for six months after the establishment of the new constitution.

Mr. Fox declared it impossible to express an entire approbation or disapprobation of a bill which the House had not yet seen; but he did not hesitate to say, that if a local legislature was liberally formed, that circumstance would incline him much to overlook defects in the other regulations, because he was convinced that the only means of retaining distant colonies with advantage was to enable them to govern themselves.

ORDERED, that leave be given to bring in a bill to repeal certain provisions of the act of the 14th of his Majesty, respecting the government of Canada, and to make other provisions, &c.

Friday, 8th April.

The order of the day for taking the report of the Quebec bill into farther consideration having been read,

Mr. Hussey begged leave to inform the House that he had a petition to present, from a number of very respectable persons, against the bill in question. They had conceived that it was likely to prove prejudicial to their trade.

The petition was brought up and received. It contained the prayer of several merchants, warehousemen, and manufacturers of Quebec, that the bill might not pass into a law, inasmuch as after having duly weighed the conse

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