The Con stitutional agent, Mr Adam Lymburner, a merchant of Quebec, was heard at the bar of the House of Commons. The Act was passed, and is known as the Constitutional Act of 17911. The Act divided Quebec into two provinces, Upper Canada Act, 1791. and Lower Canada. In each province the legislature was to consist of the Governor, a Legislative Council and a Legislative Assembly. The The Legis lative Council. Nonsuccess of The Governor had power to give or withhold the royal assent to bills, or to reserve them for consideration by the Crown. He could summon, prorogue, or dissolve the legislature, but was required to convene the legislature at least once a year. The Legislative Council in Upper Canada consisted of not less than 7, and in Lower Canada of not less than 15 members, chosen by the King for life, the Speaker being appointed by the Governor-General. The Legislative Assembly was in counties elected by 40s. freeholders, and in towns by owners of houses of £5 yearly value and by resident inhabitants paying £10 yearly rent. The number and limits of electoral districts were fixed by the Governor-General. Lower Canada had 50 members, Upper Canada 16 members, assigned to their respective legislatures. The new Constitution did not prove a success. Serious the Con- differences arose between the Legislative Council and the stitution Legislative Assembly in regard to the control of the revenue and supplies, differences which were aggravated by the conflict that still went on between the French and English races. The state of Canada was brought before the House of Commons, but the House rejected the proposal to make any radical changes. The discontent resulted in the rebellion of 1837—8, and an Act was passed suspending the Constitution of Lower Canada2, and under its provisions a special 2 1 & 2 Vic. (i) c. 9. Act. 1 31 Geo. III. (i) c. 31. Council was appointed to administer the province. Lord Durham was appointed Governor-General, and was intrusted with large powers as high Commissioner for adjusting the relations and government of the two provinces. On his arrival he dissolved the special Council and appointed a new executive, and then proceeded to examine into the causes of the failure of the Constitution of 1791. The result of his inquiries was embodied in the famous Durham report presented to Parliament in 1839, in which he recommended the union of the two provinces and the introduction of responsible government. Lord John Russell brought forward a bill to carry out the former of these recommendations, and the bill became law on July 23rd, 18401. Union Act, This Act united the two provinces and established a The Legislative Council of not less than 20 members, appointed 1840. for life by the Governor, and a legislative Assembly of 84 members, consisting of an equal number from Upper and Lower Canada. Toronto, Montreal and Quebec were to return two members each, certain other towns and the county constituencies one member each, power being given to the Governor to fix the limits of the constituencies. The number of representatives was not to be changed without the concurrence of two-thirds of the members of each House. A real property qualification to the amount of £500 was required of all members of the Assembly. As regards the revenue and expenditure certain fixed charges, amounting to about £75,000, were thrown on the consolidated fund, and all other expenditure was placed within the control of the Assembly. It only remained for the home Government to give effect Responsible governto that portion of the Durham report which recommended the ment. introduction of responsible government, and in a Despatch 1 3 & 4 Vic. (i) c. 35. Changes in the dated the 5th Feb. 1841 Lord John Russell instructed the Governor-General to call to his Councils "those persons who by their position and character have obtained the general confidence and esteem of the inhabitants of the province," and "only to oppose the wishes of the Assembly when the honour of the Crown or the interest of the Empire are deeply concerned." For some years difficulties arose between the governors and the people as to how the principle of responsible government was to be carried into effect. At length Lord Elgin in 1847 was expressly instructed "to act generally on the advice of the Executive Council and to receive as members of that body those persons who might be pointed out to him as entitled to do so by their possessing the confidence of the Assembly." The Constitution of 1840 remained unchanged until 1853, Constitu- when, by a vote of two-thirds of the Legislature, the number of representatives was increased from 84 to 130, and the elective franchise was extended. tion. Changes in Legislative Council. Further powers of self govern. ment. In the following year an Imperial Act was passed1 empowering the legislature to alter the constitution of the Legislative Council, and a Canadian Act was passed in 18562 making the members elective. The existing members were allowed to retain their seats, 48 elected members were added to the Council, and these elected members were to retain their seats for eight years. British subjects of the age of thirty years and owning real estate of the value of £2000 were eligible for election, and the qualification of electors was made the same as that required in the case of electors of the Assembly. Control of the civil list was surrendered to Canada in 1847, and of the Post Office in 1849. In the former year 1 17 & 18 Vic. (i) c. 118. 2 19 & 20 Vic. c. 140. 3 10 & 11 Vic. (i) c. 71, 4 12 & 13 Vic. (i) c. 66, the St Lawrence was freed from the Navigation Laws', and the Colony obtained full power to reduce or repeal duties imposed by Imperial Acts on goods imported into Canada2. tion. At the time of the Union of 1840 Lower Canada possessed Federathe larger population, but in a short time immigration into Upper Canada gave that province an excess in population of 250,000 over its neighbour. A demand soon arose in Upper Canada for a redistribution of the representation, and "representation in proportion to population" became the important political question of the day. Parties at length became so balanced that from the 21st May, 1862, to the end of June, 1864, there were no less than five different ministries in office, and the efficient conduct of public business became impossible. In 1864 the maritime provinces began to entertain the idea of a union, and on the defeat of the TachéMacdonald ministry in June of that year overtures were made by the opposition to the Hon. John A. Macdonald which resulted in the formation of a coalition ministry pledged to the adoption of a federal union of all the provinces. town and Con Permission was asked to attend the Conference of the Charlottedelegates of the Maritime Conference at Charlottetown, and Quebec delegates on behalf of Canada were also present at the ad- ferences. journed Conference held at Quebec. Little difficulty was found in obtaining the adhesion of the legislature to the proposed scheme of confederation: the legislative Council by 45 votes to 15, and the Assembly by 91 votes to 33, adopted the address to Her Majesty praying her to submit an Act to the Imperial Parliament for the union of all the provinces. 5 Gover In reading the list of Governors of Ontario and Quebec List of it must be remembered that the Governor of the Province nors. of Canada was also Governor-General until the federation: 1 12 & 13 Vic. (i) c. 29. 2 9 & 10 Vic. (i) c. 94. 3 Burinot, p. 40. that in 1791 Upper Canada was made a separate province under a governor or administrator: and that in 1840 the provinces of Upper and Lower Canada were re-united, only to be separated in 1867. Council formed by Cornwallis. Courts. 2. NOVA SCOTIA. The province of Nova Scotia and the surrounding territory, including the present provinces of New Brunswick and Prince Edward's Island, though claimed by England on the ground of the discoveries of Cabot in the 15th century, were ceded to France by the treaty of St Germains in 1632. By the treaty of Utrecht the province was restored to England, but it was not until the year 1749 that any adequate attempt was made at colonization or the introduction of a settled form of government. A scheme for encouraging officers and privates then lately dismissed from the army and navy to settle in the province proved successful, and was carried into effect by the Honourable Edward Cornwallis, who was appointed Governor. On his arrival the new Governor formed a Council, and this Council exercised both legislative and executive functions'. One of the instructions to the Governor was to establish Courts of Judicature, and after consultation with the Council he erected three courts, (1) a Court of Sessions, (2) a County Court for the whole province, which sat monthly and was invested with all powers of the Courts of King's Bench (except criminal matters), Common Pleas and Court of Exchequer, from which there was an appeal to the General Court, and (3) the General Court, which was a Court of Assize and general gaol delivery, and a Court of Appeal from the County Court, and in which the Governor and Council sat with the Judges. In 1752 the County Court was transformed into a Court 1 Haliburton's Nova Scotia, 1. p. 140. |