A history of Canada, 1763-1812Lucas, Charles Prestwood, Sir
History
A history of Canada, 1763-1812
Lucas, Charles Prestwood, Sir
Canada -- History -- 1763-1867
The views of the Chief Justice were not embodied in the law which
was eventually passed in 1791. Pitt had pledged himself to deal
with the Canadian question in the session of 1790, but in that
year Great Britain was on the brink of war with Spain, owing to
the seizure by the Spaniards in 1789 of British trading vessels in
Nootka Sound, an inlet of what is now known as Vancouver Island.
The matter was adjusted by the Nootka Sound Convention of 28th
October, 1790, after which Vancouver began his voyages of survey
and discovery along the Pacific Coast of North America; and, the
hands of the British Government being free, a Royal Message to the
House of Commons, dated the 25th of January, 1791, announced that
it was the King’s intention to divide the province of Quebec into
two provinces to be called Upper and Lower Canada, whenever His
Majesty was enabled by Act of Parliament to make the necessary
regulations for the government of the said provinces. The message
further recommended that a permanent appropriation of lands should
be made in the provinces for the support of a Protestant clergy.
[Sidenote: Proceedings in Parliament.]
On the 4th of March Pitt introduced the Bill. On the 23rd of
March Lymburner was heard at the bar of the House on behalf of
its opponents. He took objections, among other points, to the
division of the province, to the creation of hereditary Legislative
Councillors, to the small number of members who were to constitute
the Assemblies, and to making the Assemblies septennial instead
of triennial. The passage of the Bill through Committee in the
House of Commons was chiefly remarkable for the historic quarrel
between Burke and Fox on the subject of the French Revolution
which was dragged into the debate. There was no real opposition
to the measure, though Fox opposed the division of the province,
the hereditary councillors, the small numbers assigned to the
Assemblies, and the large provision made for the Protestant clergy.
The duration of the Assemblies was reduced from seven years to
four, and the number of members in the Assembly of Lower Canada was
raised from thirty to fifty. Thus amended the Bill was read a third
time in the House of Commons on the 18th of May, and received the
Royal Assent on the following 10th of June, one of its sections
providing that it should take effect before the 31st of December,
1791, and another that the Councils and Assemblies should be called
together before the 31st of December, 1792. It had been intended
that Dorchester should be present in London during the passing of
the Act, in order to advise the Government on points of detail, but
the dispatch informing him that the Act had already been passed
crossed him on his way to England.
[Sidenote: Omissions from the Act.]
[Sidenote: It contained no definition of the boundaries of Upper
and Lower Canada.]
Public-domain text, read in full here on John Shaqi.
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