A history of Canada, 1763-1812Lucas, Charles Prestwood, Sir
History
A history of Canada, 1763-1812
Lucas, Charles Prestwood, Sir
Canada -- History -- 1763-1867
It was greatly desired to encourage British settlement in North
America, and special regard was had in this respect to the
soldiers and sailors who in North American lands and waters had
deserved so well of their country. Accordingly the proclamation
contained a special provision for grants of land, within the
old and the new colonies alike, to retired officers of the army
who had served in North America during the late war; to private
soldiers who had been disbanded in and were actually living in
North America; and to retired officers of the navy who had served
in North America ‘at the times of the reduction of Louisbourg and
Quebec’. It was thought also by the Lords of Trade that confidence
and encouragement would be given to intending settlers, if at the
outset they were publicly notified of the form of government under
which they would live. Hence the proclamation provided, as regards
the new colonies, ‘that so soon as the state and circumstances of
the said colonies will admit thereof,’ the governors ‘shall, with
the advice and consent of the members of our Council, summon and
call General Assemblies within the said governments respectively,
in such manner and form as is used and directed in those colonies
and provinces in America which are under our immediate government’.
The governors, councils, and representatives of the people, when
duly constituted, were empowered to make laws for the public
peace, welfare, and good government of the colonies, provided that
such laws should be ‘as near as may be agreeable to the laws of
England, and under such regulations and restrictions as are used
in other colonies.’ Pending the constitution of the legislatures,
the inhabitants and settlers were to enjoy the benefit of the laws
of England, and the governors were empowered, with the advice of
their councils, to establish courts of justice, to hear and decide
civil and criminal cases alike, in accordance as far as possible
with the laws of England, a right of appeal being given in civil
cases to the Privy Council in England. It was not stated in the
proclamation, but it was embodied in the governors’ instructions,
that until General Assemblies could be constituted, the governors,
with the advice of their councils, were to make rules and
regulations for peace, order, and good government, all matters
being reserved ‘that shall any ways tend to affect the life, limb,
or liberty of the subject, or to the imposing any duties or taxes’.
[Sidenote: The Western territories.]
Public-domain text, read in full here on John Shaqi.
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