The Canadian Portrait Gallery - Volume 3 (of 4)Dent, John Charles
History
The Canadian Portrait Gallery - Volume 3 (of 4)
Dent, John Charles
Canada -- Biography
He was wise enough to perceive that such a system could not be lasting,
and just enough to desire the establishment of a better one. Scarcely
had he succeeded to office before he made some important changes among
the higher state officials. He deposed two obnoxious councillors, and
set up two better men in their stead. He then turned his attention to
law reform. Previous to the Conquest, the law in vogue in the Province
had been a modification of the Civil Law known as the "Coutume de
Paris." This system, abridged and modified so as to meet the
requirements of the colony, he set himself to reëstablish. Under his
direction some of the leading French lawyers set to work at the task of
compilation. Upon the completion of this work he crossed over to
England, taking the compilation with him for the approval of the
authorities there. He met with strong opposition, and for some time it
seemed doubtful whether he would be able to accomplish the object of his
mission. He was subjected to repeated examinations before the law
officers of the Crown, and before Committees of the House of Commons.
Thurlow, the Attorney-General, opposed the measure with all the forensic
learning he could summon to his aid. The Mayor and Corporation of London
also threw the weight of their influence into the same scale. The great
Edmund Burke exhausted against it all his unrivalled powers of rhetoric.
Finally a compromise was effected, and the famous "Quebec Act" was
passed. It repealed all the provisions of the royal proclamation of
1763, annulled all the acts of the Governor and Council relative to the
civil government and administration of justice, revoked the commissions
of judges and other existing officers, and established new boundaries
for the Province. It released the Roman Catholics in Canada from all
penal restrictions, renewed their dues and tithes to the Roman Catholic
clergy from members of their own Church, and confirmed all classes
except the religious orders and communities in full possession of their
property. The French laws were declared to be the rules for decision
relative to property and civil rights, while the English law was
established in criminal matters. Both the civil and criminal codes were
liable to be altered or modified by the ordinances of the Governor and a
Legislative Council. This Council was to be appointed by the Crown, and
was to consist of not more than twenty-three, nor fewer than seventeen
members. Its power was limited to levying local or municipal taxes, and
to making arrangements for the administration of the internal affairs of
the Province; the British Parliament reserving to itself the right of
external taxation, or the levying of duties on imports and exports.
Every ordinance passed by this Council was to be transmitted within six
months, at farthest, after enactment, for the approbation of the King,
and if disallowed, was to be void on its disallowance becoming known at
Quebec.
Public-domain text, read in full here on John Shaqi.
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