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Should this be approved, the Royal indulgence of returning to England for a few months on my private Affairs, would give me an opportunity to lay before His Majesty's Ministers all further explanations in my power on this subject.

Before I conclude, I have to submit to the wisdom of His Majesty's Councils, whether it may not be advisable to establish a General Government for His Majesty's Dominions upon this Continent, as well as a Governor General, whereby the united exertions of His Majesty's North American Provinces may more effectually be directed to the genral interest, and to the preservation of the Unity of the Empire.

I inclose a copy of a letter from the Chief Justice, with some additional clauses, upon this subject', prepared by him at my request, together with his draught of an other proposed addition to the Bill, to provide for the trial of foreign treason and murder, as also a copy of his letter respecting the operation of the Boundary, as described in the Bill, with his idea of the Addition necessary to give free scope to our Courts of Justice. The clause above referred to under the letter B was also prepared by him at my request.

I am with much respect and esteem, Sir,

Your most obedient, and most humble servant.

LIII

DORCHESTER.

My Lord,

CHIEF JUSTICE SMITH TO DORCHESTER
[Trans. Shortt and Doughty.]

Quebec, 5th February, 1790.

The clause inclosed for the Trial of extraprovincial offences appears to me to be necessary to encourage that spirit of Enterprize, which leads our people in the Fur Trade to explore the Depths of this Continent, and has carried them almost over to the Eastern shores of the Pacific Ocean. This Commerce, elsewhere wearing out, by the encreased Population of the northeastern parts of the antient Continent, will soon become the monopoly of our nation. I have couched it in terms least likely of any that occur to me, to excite the Jealousy of our Neighbours.

The Bill with the other additions for the intended Reforms in this Country left to be supplied by Your Lordship's local Experience, greatly improves the old model of our colonial Governments; for even those called the Royal Provinces, to distinguish them from the Proprietary and chartered Republics of the Stuart Kings had Essential Faults, and the same general tendency.

Mr. Grenville's plan will most assuredly lay a foundation for two spacious populous and flourishing Provinces, and for more to grow out of them; and compose, at no remote period, a mass of Power very worthy of immediate attention.

I miss in it however, the expected Establishment to put what remains to Great Britain of Her Antient Dominions in North America, under one general direction, for the united interest and safety of every Branch of the Empire.

The Colonies of England were flourishing Colonies. It was the natural effect of the connection, the Character of the People, and the Genius of the English Constitution. Our's will be so too. But that prosperity may be their ruin. And I trust in God that the wisdom, which is dictating the new Arrangements for us, will perfect its work, by a system to prevent our repeating the Folly, that has plunged the several parts of the Continent into poverty and distress.

Native as I am of one of the old Provinces, and early in the public

1 See Nos. LIII and LIV.

Chief Justice Smith was born in New York. He was a member of the Council of New York State before the American Revolution.

service and Councils, I trace the late Revolt and Rent to a remoter cause, than those to which it is ordinarily ascribed. The Truth is that the Country had outgrown its Government, and wanted the true remedy for more than half a century before the Rupture commenced-To what period it continued to be practicable is problematical, and need not now be assigned.

To expect wisdom and moderation from near a score of Petty Parliaments, consisting in effect of only one of the three necessary branches of a Parliament, must, after the light brought by experience, appear to have been a very extravagant Expectation. So it has been to my view above twenty years, and I did not conceal it.

My Lord, an American Assembly, quiet in the weakness of their Infancy could not but discover in their Elevation to Prosperity, that themselves were the substance, and the Governor and Board of Council mere shadows in their political Frame. All America was thus, at the very outset of the Plantations, abandoned to Democracy. And it belonged to the Administrations of the days of Our Fathers to have found the Cure, in the Erection of a Power upon the Continent itself, to controul all its own little Republics, and create a Partner in the Legislation of the Empire, Capable of consulting their own safety, and the common welfare.

To be better understood by your Lordship I beg leave to put a paper under this cover', in the form of additions to the present proposed Bill, partly suggested by the necessity of something to give a real and useful significancy to Your Lordship's nominal command of more Provinces than this'.

As to the moment for commencing such an Establishment, that certainly must be the worst, when it shall be most wanted. And since its Erection will speak Intentions, and may give Umbrage, that will be the best time, in which that Umbrage shall excite the least apprehension.

The Debility of our Neighbours is notorious, nor can be succoured during the Distractions of France, and the consternation Spread by those Distractions through all Europe.

Here in these provinces, where it is of much consequence, to set out with good habits, what juncture can be so favourable, as when the thousands thrown into them, under Your Patronage and Direction, have their Loyalty confirmed by Resentments for their Sufferings; and so are disposed to take, and especially from Your hand, whatever the wisdom of Great Britain shall prescribe, as a Gift of her Benevolence.

As to Canada, I mean that part of it to become Lower Canada, the Biasses in it, if there are any remaining, to the Stock, from which it was severed, are become perfectly harmless, by that Body of English Loyalty Your Lordship has planted in the West-By their aversion to share in the Burdens and Miseries of the Revolted Colonies, and by the growing Discernement, that our safety and Prosperity is only to be found in the Commerce and Arms of Great Britain.

I am old enough to remember, what we in the Maritime Provinces dreaded from this French Colony in the North, and what it cost to take away that dread, which confined our Population to the Edges of the Atlantic; and my mind is therefore carried, under such an Administration as the present one, into a strong Persuasion, that nothing will be neglected to enable Great Britain, so to serve herself of that Power, she already possesses here, as to check any Councils to be meditated to her Detriment, by the new Nation she has consented to create. She may do more; but this is out of my province.

So much, my Lord, You'll forgive me. I could not repress what I owed to the vindication of my Zeal, in the sacrifice of my fortune for the British Interest, and as I think still for the best Interests too of the Country of my Birth. Most of all I owed it to my Sovereign, in whose Grace I found a Relief at the end of the Storm.

1i.e., No. LIV.

See London Gazette, April 15, 1786, for Dorchester's Commission as Governor of all British North America. i.e. The Maritime Provinces of the former British Colonies.

With a deep and grateful sense of all Your kindnesses and the honour of your request of my poor abilities, upon questions of so great magnitude and consequence.

I am, My Lord, with the highest respect and esteem,
Your Lordship's most humble and most obedient Servant,
(Signed) WM. SMITH.

LIV

PROPOSED ADDITIONS TO THE NEW CANADA BILL FOR A GENERAL GOVERNMENT

[Trans. Shortt and Doughty.]

And to provide still more effectually for the Government safety and prosperity of all His Majesty's Dominions in North America, and firmly to unite the several branches of the Empire.

(1) Be it also enacted by the same authority that there shall be (with a Governor General) a Legislative Council and a General Assembly for all His Majesty's Dominions and the Provinces whereof the same do now or may hereafter consist in the parts of America to the Southward of Hudson's Bay, and in those seas to the Northward of the Bermuda or Somers Islands; And that His Majesty, His Heirs and Successors shall have power by and with the advice and consent of the said Legislative Council and General Assembly to make laws for the peace, welfare and good Government of all or any of the said Provinces and Dominions: And that such Laws being passed by the said Legislative Council and General Assembly and being assented to by His Majesty, His Heirs and Successors, or being assented to in His Majesty's name by the Person appointed or to be appointed Governor General of the Provinces and Dominions aforesaid, or such person as may be appointed by the Crown to exercise the powers of Governor General on the death or absence of such Governor General, shall be valid and binding on the inhabitants of the said Dominions or such part thereof as shall for that purpose be expressed.

(2) And be it enacted by the same authority that such Legislative Council may be composed of at least Members from each of the said Provinces to be appointed as His Majesty by His Royal Instructions to the Governor General for the time being shall authorize and direct, who shall hold their several places in the said Council for Life subject nevertheless to such terms and conditions as are herein before declared to be annexed to the trust and station of a member of the Legislative Council of either of the said Provinces of Upper & Lower Canada, and saving to His Majesty's Governor General or the Person upon whom that trust by His Majesty's appointment may devolve, power and authority from time to time by an instrument under the Great Seal to be created for the British Dominions in North America, to constitute, appoint and remove the Speaker of such Legislative Council.

(3) And be it also enacted by the same Authority that such General Assembly may be composed of such persons as may be elected by the majority of the House of Assembly of the Province for which they serve to be manifested by Triplicate Instruments under the hand and seal of the Speaker thereof to the Governor General, the Speaker of the Legislative Council, and the Speaker of the General Assembly.

(4) And be it also enacted by the same authority that to give any Acts of the said Governor General, Legislative Council and General As sembly, the force and authority of a Law, the same shall have been assented to in the said Legislative Council by the majority of the voices forming a house of Council, according to His Majesty's appointment thereof, and shall have been assented to in the said General Assembly by such and so many Voices as will make it the Act of the majority of the Frovinces, having right to be represented in the said General Assembly,

and it shall be a house of General Assembly as often as there shall be assembled one or more members duly elected by each of the Assemblies of the said Provinces or of the greater number of such provinces.

(5) And be it further enacted by the same authority that it shall be lawful for His Majesty, His Heirs and Successors to authorize and direct His Governor General for the time being or the Person upon whom that trust by His Majesty's Appointment may devolve, in His Majesty's name and by an instrument under the great seal of the British Dominions in North America to summon and call together such General Assemblies in such manner as His Majesty shall be pleased to signify and command by His Royal Instructions to such Governor General.

(6) And be it also enacted by the same authority that the Governor General under such instructions as he may have received from His Majesty may assemble the said Legislative Council and General Assembly where, and prorogue and dissolve them, when and as often as he shall judge it necessary, Provided always and be it enacted that they shall be called together one at least in every two years, and continue to have the right of sitting seven years from the Teste or day of the process or summons for their election unless they shall be sooner dissolved by the Authority aforementioned. But no Member either of the said Legislative Council or General Assembly shall be permitted to sit or vote in the General Legislature untill he shall have taken such Oath as hereinbefore directed to be taken by the Members of the Legislative Council and Assembly of Upper or Lower Canada, or not being an Inhabitant of either of the said Provinces last mentioned such other oaths and qualifications as are taken to become a Member of the Parliament of Great Britain as by His Majesty's Instructions shall be directed and required.

(7) And be it also enacted by the same Authority that whenever any Bill which has been passed by the said Legislative Council and by the said General Assembly shall be presented for His Majesty's Assent to the Governor General for the time being or the Person exerising that trust under His Majesty's Authority, it shall and may be lawful for such Governor General or other person exercising the said trust, at his discretion, subject nevertheless to such Instructions as he may from time to time receive from His Majesty, His Heirs and Successors, either to declare His Majcsty's assent to such Bill, or to declare that he withholds such assent, or that he reserves the said bill untill His Majesty's Pleasure shall be sig nified thereon. And no Bill so to be presented and not assented to in manner aforesaid shall have the force of a Law.

(8) And be it further Enacted by the same Authority that nothing in this Act contained shall be construed to prevent His Majesty from appointing, erecting, and constituting such general and executive Council and Councils as he may judge proper for the said provinces and Dominions in general, and Any other Office, in His Royal Judgment and discretion requisite for the said general Government; or from nominating and appointing thereto from time to time, such persons as he shall think fit to compose the same Executive Council, or to execute such offices or from removing therefrom any person or Persons whom he may think fit to

remove.

(9) And be it also Enacted by the same Authority that it shall and may be lawful for His Majesty to give Authority to his said Governor General, or the person exercising that trust, on his arrival in either of the provinces within his commission, to assume the authority and to perform all the duties and functions which the Lieutenant Governor thereof, might exercise and perform; and the powers and authority of such Lieutenant Governor shall be suspended & so continue during the time of the Governor General's being within the same province; and that it shall also be lawful for His Majesty to give to the said Governor General for the time being, tho' absent in some other province of His General Government, authority respecting any act of any of the Provinces of such nature and tendency as His Majesty may see cause by His Royal Instruction to describe, to suspend the execution of such Act until His Majesty's Pleas

ure shall be signified respecting the same; to which end it shall be the duty of the person administering the Government in every Province subject to the Governor General's Authority, to transmit to him a copy of cvery bill to which he has assented as soon as possible after the enacting of the same into a law; and shall upon the suspension thereof by the Governor General immediately cause the same to be made known by proclamation under the great seal of his Province, in the manner most effectual for making the same universally known to the Inhabitants of the same Province, and all others whom the same may concern.

(10) And be it further enacted by the Authority aforesaid, that nothing in this Act contained shall be interpreted to derogate from the rights and Prerogatives of the Crown for the due exercise of the Royal and executive authority over all or any of the said Provinces; or to derogate from the Legislative Sovereignty and Supremacy of the Crown and Parliament of Great Britain; but the Acts of Legislation of either of the said Provinces, as well as the Acts of the Governor General and the Legislative Council and General Assembly so to be made, shall be subject to the Royal dis-allowance as exercised heretofore respecting the laws of any of the British Provinces, and the said Dominions and all the Provinces into which they may be hereafter divided shall continue and remain to be governed by the Crown and Parliament of Great Britain as the supreme Legislature of the whole British Empire.

LV

THE CONSTITUTIONAL ACT 17911

(31 George III., c. 31.)

An Act to repeal certain parts of an Act, passed in the fourteenth year of His Majesty's reign, intituled "An Act for making more effectual provision for the Government of the Province of Quebec, in North America," and to make further provision for the Government of the said Province.

Whereas an Act was passed in the fourteenth year of the reign of Preamble. his present Majesty, intituled "An Act for making more effectual pro 14 Geo. III, vision for the Government of the Province of Quebec, in North America": cap. 83 And whereas it is expedient and necessary that further provision should recited. now be made for the good Government and prosperity thereof May it therefore please your most Excellent Majesty that it may be enacted; and be it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, and by the authority of the same, that so much of the said Act as in any manner relates to the appointment of So much of a Council for the affairs of the said Province of Quebec, or to the power recited Act as given by the said Act to the said Council, or to the major part of them, appointment to make ordinances for the peace, welfare. and good Government of the of a Council said Province, with the consent of His Majesty's Governor, Lieutenant- for Quebec, Governor, or Commander in Chief for the time being, shall be, and the repealed. or its powers same is hereby repealed.

relates to the

II. And whereas his Majesty has been pleased to signify, by his message to both Houses of Parliament, his Royal intention to divide his Province of Quebec into two separate Provinces; to be called the Province Within each of Upper Canada and the Province of Lower Canada: Be it enacted by of the inten the authority aforesaid, that there shall be within each of the said Prov-a Legislativ inces respectively a Legislative Council and an Assembly, to be severally Council and

1 The events which led to the passing of this Act are outlined in the previous documents. The debates are in Hansard, Vols. XXVIII and XXIX.

This intention was carried out by an order-in-council dated 24 August, 1791. (See Doughty and McArthur, Documents relating to the Constitutional History of Canada, Canadian Archives 1914, p. 3).

ed Province

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