not obtained the same fraudulently for the purpose of enabling me to be returned Member to the Commons House of Assembly of this Province, so help me God."

VII. And be it further enacted by the authority aforesaid, That if any of the said candidates, or persons proposed to be elected as aforesaid, shall be guilty of false swearing in such oath, such candidate or candidates, or person or persons as aforesaid, shall on conviction thereof, receive and suffer the like pains and penalties to which any other person convicted of wilful and corrupt perjury is liable by the Laws and Statutes of this Province.

VIII. And be it further enacted by the authority aforesaid, That the oath aforesaid, shall and may be administered by the Sheriff for any such County as aforesaid, or by the Mayor, Bailiff, or other Officer or Officers for any County, City, Borough, Riding, Place or Places aforesaid, to whom it shall appertain to take the poll or make the return at such election for the same County, City, Borough, Riding, Place or Places respectively, or by any two or more Justices of the Peace within this Province, and the said Sheriff, Mayor, Bailiff or other Officers, and the said Justices of the Peace respectively, who shall administer the said oaths, are hereby required to certify to taking thereof, into His Majesty's Court of His Bench within three months after the same, under the penalty of forfeiting the sum of two hundred pounds, to be recovered with full costs of suit, by action of debt, bill, plaint or information, in His Majesty's Court of His Bench in this Province, and if any of the said candidates or persons proposed to be elected as aforesaid, shall wilfully refuse upon reasonable request to be made at the time of the election or at any time before the day upon which such Parliament by the writ of summons is to meet, to take the oath hereby required, then the election and return of such candidate shall be void.

IX. And be it further enacted by the authority aforesaid, That no fee or reward shall be taken for administering any such oath or making, receiving, or filing the certificate thereof, except two shillings and six-pence for administering the oath, and five shillings for making the certificate, and five shillings for receiving and filing the same, under the penalty of one hundred pounds to be forfeited by the offender, and recovered as aforesaid.

X. And be it further enacted by the authority aforesaid, That one moiety of all fines and penalties that shall be incurred under this Act shall be immediately paid into the hands of the Receiver General for the use of His Majesty, His Heirs and Successors towards the support of the Civil Government of this Province, and shall be accounted for to His Majesty, His Heirs and Successors, through the Lords Commissioners of His Majesty's Treasury for the time being, in such manner and form as His Majesty, His Heirs and Successors shall please to direct, and the other moiety to the person who shall sue for the same.

T

LXXXVIII

SHERBROOKE TO BATHURST

[Trans. Brymner, Report of Canadian Archives, 1897.]

Calverton near Southwell, Notts., 14th March, 1822.

My Lord, I have been honoured with your Lordship's private and confidential letter of the 11th inst., the contents of which shall not transpire, and in reply to your question "Whether the Union' of Upper and Lower Canada would have a beneficial effect," I answer, that if these Provinces continue in the same state they were in at the time I relinguished the Government, an Union would be very desirable, provided it could be established on proper principles, so that the undue influence of the Assembly should be somewhat controlled and the power of the Crown increased. But if such a measure were to be attempted considerable difficulties must be expected before it could be reconciled with the jarring interests of the inhabitants and the variety of wild opinions so generally entertained.

Your Lordship's description of the persons usually returned to the Legislative Assembly of Lower Canada is perfectly correct. And the mischiefs arising from this cause are incalculable. I also agree that the Assembly of Upper Canada appears more tractable at present. But when I consider the vicinity of the latter Province to the United States, the population continually flowing in from thence, the constant communication and intermarriages between the families on both sides of the line, the number of Americans who purchase the best of the lands as soon as they are cleared and every other description of property in Upper Canada worth having; and when I look to the loose demoralising principles introduced by those people, I very much doubt whether reliance can be placed on a continuance of this tractable disposition.

I am fully aware my Lord of the evils arising from that ascendancy which the Catholics of Lower Canada exercise to the prejudice of whatever relates to the Protestant interest, but I suspect a very erroneous idea prevails in this country of the state of religion in Upper Canada. It might be supposed that the generality of the inhabitants being called Protestants were either of the communion of the established Church or of the Kirk of Scotland. Whereas the greater part are Methodists and Sectaries of every description. And I am sorry to add there are many who appear to have no sense of religion whatever.

Circumstances have materially changed since the separation of the two Provinces, and I could not avoid remarking when I was in Upper Canada, that in many instances a stronger bias prevailed in favour of the American than of the British form of Government. Whereas the Catholics in Lower Canada have a rooted antipathy to the Government of the United States, and have no dread equal to that of one day falling under its Dominion. This trait of character I venture to press on your Lordship's attention, as whatever may be the fate of the Upper Province, the Americans will never be able to establish themselves in Lower Canada whilst this feeling is cherished.

In giving my candid opinion of the state of the two provinces, I shall be happy if I have in any degree answered the expectations your Lordship has done me the honour to express. And I have only to assure you of my

1 In both Provinces disputes/between the various divisions of the Government became so pronounced that efficient government seemed impossible. In Lower Canada, race and religion complicated the political situation. In 1822, the British Government proposed to solve the problem, and Sir Robert Horton, Under Secretary for the Colonies, introduced a bill for the union of the two Canadas. It was fiercely opposed by the French-Canadians, and the English-speaking Canadians did not receive it with unanimous enthusiasm. As a consequence, the bill was withdrawn. The financial part, however, was passed under the title Canada Trade Act (3 George IV, c. 119) (see p. 219). This Act led later on to further disputes, as it was claimed that it was contrary to the Tax Repeal Act, 18 George III, c. 12 (see No. XXXIII). In the following documents will be found the abortive Act of Union and the points of view of various interested parties.

willingness at all times to attend to your Lordship's commands. In repeat-
ing that I shall not fail to hold your Lordship's communication confidential.
I must request that my answer may be looked upon in the same light, and
have the honour to be, my lord,

Your Lordship's, very obedient and
Faithful humble servant,

J. C. SHERBROOKE.

LXXXIX

PROPOSED ACT OF UNION, 1822

[Trans.: Canadian Archives, Q. 160.]

A Bill [as amended by the Committee] for uniting the Legislatures of the
Provinces of Lower and Upper Canada.

WHEREAS in the present situation of the Provinces of Lower and Preamble. Upper Canada, as such with relation to Great Britain as to each other, a joint Legislature for both the said Provinces would be more likely to promote their general security and prosperity than a separate Legislature for each of the said Provinces, as at present by law established;

31 Geo. 3,

Be it therefore enacted by the KING's most Excellent Majesty, by So much of and with the advice and consent of the Lords Spiritual and Temporal, and c. 31, as proCommons, in this present Parliament assembled, and by the Authority of vides a Legisthe same, THAT so much of an Act passed in the thirty-first year of the lature for each of the reign of his late Majesty King George the Third, intituled, "An Act to Provinces of "repeal certain parts of an Act passed in the fourteenth year of his Lower and "Majesty's reign, intituled, 'An Act for making more effectual provision Upper Canada, repealed. "for the Government of the Province of Quebec in North America, and "'to make further provision for the Government of the said Province,' as provides for the composing and constituting within each of the said Provinces respectively, a Legislative Council and Assembly, and for the passing of laws by the Legislative Council and Assembly of each Province, shall be and the same is hereby repealed, except in so far as the same or any of the provisions thereof, may by this present Act be continued or applied to the purposes of the joint Legislature to be constituted in manner hereinafter mentioned: Provided also, that so much of an Act passed in the fourteenth year of the reign of his said late Majesty, intituled, "An Act "for making more effectual provision for the Government of the Province "of Quebec in North America," as is repealed by the said Act passed in the thirty-first year aforesaid, shall be deemed and taken to be, and shall remain repealed.

And be it further Enacted, That from and after the passing of this Henceforth, to be one joint Act, there shall be within the said two Provinces, and for the same jointly Legislative one Legislative Council and one Assembly, to be composed and constituted Council, and in manner hereinafter described, and which shall be called "The Legislative one joint Assembly for "Council and Assembly of the Canadas;" and that within the said Pro- both Provinces, or either of them, His Majesty, His Heirs or Successors, shall have vinces. power, during the continuance of this Act, by and with the advice and consent of the said Legislative Council and Assembly of the Canadas, to make laws for the peace, welfare and good government of the said Provinces, or either of them, such laws not being repugnant to this Act, nor to such parts of the said Act passed in the thirty-first year aforesaid, as are not hereby repealed; and that all such laws being passed by the said Legislative Council and Assembly, and assented to by His Majesty, His Heirs or Successors, re-assented to in His Majesty's name by the Governorin-Chief in and over the said provinces of Lower and Upper Canada, or in case of the death or absence of such Governor-in-Chief, by the Lieutenant Governor of the Province of Upper Canada for the time being, or in case of the death or absence of such Lieutenant Governor, then by the Lieutenant Governor of Lower Canada for the time being, or in case there

Joint Legislative Council to consist of the present Members of both Councils.

may be summoned.

shall be no Lieutenant Governor at such time resident in the Province of Lower Canada, then by the person administering the government thereof for the time being, shall be and the same are hereby declared to be, by virtue of and under the authority of this Act, valid and binding to all intents and purposes whatever within the said two Provinces.

And be it further Enacted, That the present members of the Legislative Councils of Lower and Upper Canada shall, by virtue of this Act, and without any new or other commissions for that purpose, constitute together the Legislative Council of the Canadas, which said members shall take precedence in the joint Legislative Council according to the date of the instruments by which they were originally summoned to the Legislative Councils of the two Provinces respectively; and that it shall also be lawful Other Persons for His Majesty, His Heirs or Successors, from time to time, by an instrument under his or their sign manual, to authorize and direct the said Govcrnor-in-Chief, or in case of his death or absence, such other person, and in such order respectively as is hereinbefore directed, to summon to the said Legislative Council, by an instrument, under a seal to be transmitted by His Majesty to the Governor-in-Chief, or under any other seal which the said Governor-in-Chief shall be by His Majesty directed to use for the purposes of this Act, and which shall be called the Great Seal of the Canadas, and shall be applied only to the purposes directed by this Act, such other person or persons as His Majesty, His Heirs or Successors, shall think fit; and that every person who shall be so summoned to the said Legislative Council, shall thereby become a member thereof.

Such Persons
only shall be
summoned as
directed by
31 G. 3.

Governor to

appoint and remove the Speaker of the Legisla

tive Council.

Joint Assembly to consist of the present Members of both, and to

continue until 1 July 1825,

unless sooner

dissolved.

Act of Upper
Canada,
60 G. 3, to

continue in
force.

And be it further Enacted, That such persons only shall be summoned to the said Legislative Council, as by the said above-mentioned Act, passed in the thirty-first year aforesaid, are directed to be summoned to the Legislative Council of the said two Provinces respectively; and that every member of the said Legislative Council shall hold his seat for the same term, and with the same rights, titles, honours, ranks, dignities, privileges and immunities, and subject to the same provisions, conditions, restrictions, limitations and forfeitures, and to the same mode of proceeding, for hearing and determining by the said Legislative Council all questions which shall arise touching the same, as are in the said Act, passed in the thirtyfirst year aforesaid, mentioned and contained, with respect to the members thereby directed to be summoned to the Legislative Council of the two Provinces respectively.

And be it further Enacted, That the Governor-in-Chief, or in case of his death or absence, such other person, and in such order respectively as is hereinbefore directed, shall have power and authority from time to time. by an instrument under the Great Seal of the Canadas, to constitute appoint and remove the Speaker of the said Legislative Council.

And be it further Enacted, That the members at present composing the Assemblies of the said two Provinces shall, together with such new members as shall or may be returned for either of the said Provinces respectively in manner hereinafter mentioned, form and constitute the Assembly of the Canadas, and shall be and continue until the first day of July one thousand eight hundred and twenty-five, unless sooner dissolved; and that in case of a dissolution of the said Assembly, or of vacancies occurring therein, members shall be returned from the same counties and places, and in the same manner, and in the same numbers, except as hereinafter otherwise provided, as now by law they are returned within the two Provinces respectively.

AND whereas an Act was passed by the Provincial Legislature of Upper Canada, in the sixtieth year of the reign of his said late Majesty, intituled, "An Act for increasing the Representation of the Commons_of "this Province in the House of Assembly;" BE it therefore further Enacted, That the said Act, and all the provisions therein contained, except as hereinafter otherwise provided, shall remain in full force and effect, and shall be applied to the representation of the said Province of Upper Canada in the joint Assembly, in like manner as the same were applicable

to the representation thereof in the Assembly of the said Province of Upper Canada before this Act was passed.

represented in

And be it further Enacted, That it shall and may be lawful for the Governor of Governor, Lieutenant Governor, or person administering the government Lower Canada of the said Province of Lower Canada for the time being, from time to may erect new Counties, out time as he shail judge expedient, from and out of that part of the said of the TownProvince of Lower Canada which has been erected into townships since ships to be the number of representatives for the said Province was settled by pro- the Assembly. clamation, to form and erect new counties, by instrument or instruments under the Great Seal of the said Province, each such new country to consist of not less than six townships; and that when and so often as any such new county shall be formed and erected as aforesaid, the Governor, Lieutenant Governor, or person administering the government of the said Province of Lower Canada, shall issue a writ for the election of one member to serve for the same in the assembly; and that whensoever the said Governor, Lieutenant Governor, or person administering the government as aforsaid, shall deem it expedient that any such new county, or any county heretofore erected within the said Province of Lower Canada, and at present represented by only one member, shall be represented by two members, he shall in like manner issue writs for that purpose: Provided always, that no subdivision of any counties now erected or to be hereafter crected within either of the said Provinces, except as hereinbefore provided with respect to the said townships, shall extend or be construed to extend to increase the number of representatives for such counties: Provided also, that the number of representatives for each province shall not exceed sixty. And be it further Enacted, That no act by which the number of repre- No Act to sentatives of either Province shall be altered, shall hereafter be passed by number of His Majesty, by and with the advice and consent of the said Legislative RepresentaCouncil and Assembly, unless the same shall have been passed by two-thirds tives to be at least of the members present at the question for the second and third passed, unless by Two-thirds reading of the same in the said Legislative Council and Assembly respec- of both tively.

alter the

Houses.

And be it further Enacted, That all and every the provisions and Provisions of regulations respecting the appointment and nomination, duties, privileges 31 G. 3, re and liabilities of returning officers for either of the said Provinces respec- tions to respecting Electively, and respecting the eligibility, qualification and disability of persons main in force. to sit as members in the said Assembly, or to vote on the election of such members, and respecting any oath to be taken by candidates or voters at such elections, and respecting all other proceedings at such elections, and respecting the times and places of holding such elections, as are contained in the said abovementioned Act, passed in the thirty-first year aforesaid, except is so far as the said provisions and regulations are hereby in anywise altered, shall remain and continue in force in both of the said Provinces; and that all and every the provisions and regulations respecting the objects above enumerated, or any of them, which are contained in any Act or Acts of the provincial Legislatures, which are now in force in either of the said Provinces respectively, shall remain and continue in force within such Province, except as the same are hereby in anyways altered, until othrwise provided for by the joint Legislature.

And be it further Enacted, That when and so often hereafter as it Governor may may be necessary to summon and call together a new Assembly for the said summon a new two Provinces, it shall and may be lawful for the said Governor-in-Chief, Assembly. or in case of his death or absence, then for such other person, and in such order respectively as is hereinbefore directed, by an instrument under the said Great Seal of the Canadas, to summon and call together the said Assembly as hereinafter expressed and provided.

issue Writs

And be it further Enacted, That Writs for the election of members And shall to serve in the said Asesmbly, shall be issued by the Governor, Lieutenant for the elec Governor, or person administering the government of the Province within tion of Memwhich such members shall be chosen respectively, in the same manner and bers, as directed to the same officers, and returnable within the same period, as in31 Geo. 3.

directed by