A history of Canada, 1763-1812Lucas, Charles Prestwood, Sir
History
A history of Canada, 1763-1812
Lucas, Charles Prestwood, Sir
Canada -- History -- 1763-1867
On the 28th of April, 1786, Mr. Powys, a private member of the
House of Commons called attention in the House to the petition of
1784;[197] and, in view of the fact that two years had passed since
it was presented, and that the Government had taken no action upon
it, he moved for permission to bring in a Bill to amend the Quebec
Act and ‘for the better securing the liberties of His Majesty’s
subjects in the province of Quebec in North America’. The object of
the Bill, which had been drafted in the previous year, was to limit
the power of the governor, for the mover complained that the Quebec
Act had ‘established as complete a system of despotism as ever was
instituted’, and stated that the aim of his measure was ‘to give
the inhabitants of the province of Quebec a system of government in
the particulars he had mentioned, founded on known and definitive
law. At present the government of that province rested altogether
on unfixed laws, and was a state of despotism and slavery’. The
Bill purported to give to the Canadians in the fullest measure the
right of Habeas Corpus, except in case of rebellion or of foreign
invasion, when it might be suspended, but only for three months
at a time, and only by ordinance of the Legislative Council; to
give trial by jury in civil cases at the option of either of the
parties; to take from the governor the power of committing to
prison by his own warrant, and of suspending judges and members
of the Legislative Council; while the last clause increased the
numbers of the council. It was supported by Fox, who took the
opportunity to denounce the Quebec Act ‘as a Bill founded upon a
system of despotism’, and by Sheridan; but the majority in a very
thin House rejected it, agreeing with Pitt that, in view of the
contradictory petitions which came from Canada, it would be well to
wait until Carleton went out and reported upon the feeling of the
country.
Petitions continued to come in. In June, 1787, Lord Dorchester
wrote to Lord Sydney that with the increase of the English
population the desire for an Assembly would increase, but that he
himself was at a loss for a plan, and that a more pressing matter
was a change in the tenure of land. In the following September
Lord Sydney replied, in somewhat similar terms, that there was no
present intention to alter the constitution, but that the King
would be advised to make a change in the system of land tenure.
[Sidenote: Adam Lymburner heard before the House of Commons.]
[Sidenote: Fox and Burke on the Quebec Act.]
Public-domain text, read in full here on John Shaqi.
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