A history of Canada, 1763-1812Lucas, Charles Prestwood, Sir
History
A history of Canada, 1763-1812
Lucas, Charles Prestwood, Sir
Canada -- History -- 1763-1867
But it was absolutely necessary to draw some dividing line, and to
give some description of the boundaries, however vague. Accordingly
the following very cautious course was taken. A ‘description of the
intended boundary between the provinces of Upper Canada and Lower
Canada’, being Lord Dorchester’s clause with the omission of the
general words referred to above, was printed as a Parliamentary
Paper,[202] while the Bill was before the House; and this line
of division was embodied in an Order in Council issued on the
following 24th of August, with the addition of the words ‘including
all territory to the Westward and Southward of the said line,
to the utmost extent of the country commonly known as Canada’.
The line of division was set out again in the new commission to
Lord Dorchester, which was issued on the 12th of September, 1791,
the two provinces of Upper and Lower Canada being specified as
comprehending all such territories to the Westward and Eastward
of the line respectively ‘as were part of our said province of
Quebec’.
[Sidenote: Administration of Justice hardly mentioned in the Act,]
[Sidenote: Nor did it contain any definition of the respective
powers of the two Chambers.]
On the important subject of administration of justice the Act was
almost silent. One section only had reference to it, constituting
the governor or lieutenant-governor and Executive Council in
either province a court of appeal in civil matters, as had been
the case in the undivided province. Nor was any attempt made to
define the powers of the Legislative Council and Assembly in
relation to each other; but, in sending out the Act, Dundas, who
had succeeded Grenville, reminded Dorchester of ‘the disputes and
disagreements which have at times taken place between the Councils
and Assemblies of the different colonies respecting the right
claimed by the latter that all Bills whatsoever for granting money
should originate with them’, and he laid down in general terms that
the principle, ‘as far as it relates to any question of imposing
burthens upon the subject, is so consistent with the spirit of our
constitution that it ought not to be resisted’.
[Sidenote: Contents of the Act.]
Out of the fifty sections which composed the Act, no less than
thirty-two related to the constitution and legislative powers of
the Councils and Assemblies in the two provinces. In Upper Canada
the Legislative Council was to consist of not less than seven
members, and the Assembly of not less than sixteen. In Lower
Canada the minimum fixed for the Council was fifteen, and for the
Assembly fifty. The electoral qualification was, in the country
districts, ownership of real property to the net annual value of
forty shillings, and in the towns of £5, or in the alternative in
the latter case a rental qualification of £10 per annum.
[Sidenote: Provision for Protestant clergy.]
Public-domain text, read in full here on John Shaqi.
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