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efir, with all its variety of clauses and regulations. It est through the House silently without one observation; itib went rhrough the Committee only in form, but not julMance. Of all the points of the bill, that which struck isithe most forcibly, was the division of the province of linaxia. It had been urged that, by such means, We could fcparate the English and the F rench inhabitants of the prorace; that we could distinguish who were originally French from those of English origin. But was this to be desired? Vis it not rather to be avoided? Was it agreeable to general political expedi' ncy? The most desirable circumstance was, that the French and English inhabitants of Canada should sane and coalesce, as it were, into one body, and that the (iiterent distinctions of the people might iie extinguished for ««. If this had been the object in view, the Fnglisti laws m;ght soon have prevailed universally throughout Canada, not from force, but from choice and conviction of their suptriority. He had no doubt, that on a fair trial they would found free frotn all objection. The inhabitants of Canada had not the laws of Franee. The commercial code was never tuiblifhed there; they stood upon the exceedingly inconvenient custom of Paiis. He wislied the people of that country to adopt the English laws from choice, and not from iorce; and he did not think the division of the province the molt likely metfhs to bring abnut this desirable end. In his •opinion, this bill was also objectionable, as far as it related tothe Trial by Jury, and the Habeas Corpus act, which the ^irniians were said to enjoy by an ordinance of the province, 't fas stated, by one of the Counsel at the bar, that either uieordinance which gave the inhabitants the trial by jury, or that which afforded them the benefit of the Habeas Corpus «ould expire before this bill could pass into a law. If Jiiii were true, it was an objection to the bill, and ought to "remedied He trusted that the House would also seriously <-°nii<ier the particular situation os Canada. It was not to tecompaied to the West Indies it was a country ofa dissect nature; it did not consist of a few white inhabitants, JtiJ a numher of slaves; but it was a country of great growing populatjOI1) which had increased very much, and which, * hoped, would increase much more. It was a country as capable of enjoying political freedom, in its utmost extent, as •my other country on the face of the globe. This country 'Kutuated near the colonies of North America: all their *»mofity and bitterness on' the quarrel between them and RM »r\uin was now over; and he believed that there were t(ry few people among those colonies, who would not be ? admit every person belonging to this country into a parncipation of all their privileges, and would receive them V°L. XXIX. L with with open arms. The Governments now established in No* America were, in his opinion, the best adapted to the situ at t of the people who lived under them, of any of the Gover merits of the ancient or modern world: and when we hi&< colony like this, capable of freedom, and capable of a grej increase of population, it was material that the inhabiran should have nothing to look to among their neighbours excite their envy. Canada must be preserved in its ad" to Great Britain, by the choice of its inhabitants, and could not possibly be kept by any other means. But it m be fek by the inhabitants that their situation was not wo than that of their neighbours. He wished them to be such a situation as to have nothing to envy in any part of t King's dominions. But this would never prove the cafe u der a bill which held out to them something like the shado ot the British constitution, but denied them the substanc< Where the principles of liberty were gaining ground, whi would increale, in consequence of the general diffusion of literature and kno wledge in the world, they should have a Government as agreeable to the genuine principles of freedom, as was consistent with the nature of circumstances. He did not think that the Government intended to be establistied by the bill, would prove such a Government; and this was his principal motive for opposing it. The legiflative Councils ought to be totally free, and repeatedly chosen, in a manner as much independent of the Governor as the nature of a colony would admit. Those, he conceived, would be the best; but if not, they should have their seats for life; be appointed by the King, consist of a limited number, and possess no hereditary honours. Those honours might be veryproper, and of great utility, in countries where they had existed by long custom; but, in his opinion, they were not fit to be introduced where they had no original existence; where there was no particular reason for introducing them, arising fiom the nature of the country, its extent, its state of improvement, or its peculiar customs; where, instead of attract ing respect, they might excite envy; and as hut few could enjoy them, those who did not, might be induced to form an unfavourable comparison between their own situation and that of their neighbours, among whom no such distinctions were known. Even whilst he felt himself perfectly desirous of establishing a permanent provision for the clergv, he could not think of making for them a provision so considerable, as was unknown in any country of Europe, where the species of religion to be provided for prevailed. It was upon these grounds which he had stated, that he felt himself justified in seconding the motion of Ihs honourable friend (Mr. Hussev^)
Mr. Chancellor Pitt said that, although he did not feel Mr. Pitfe haklf inclined to oppose the motion, he could not avoid eipnfiing his regret that the clauses which were objected gzurt, had not attracted the attention of gentlemen on an rate day. At any rate, it was not owing to any fault of fathat the bill had not been fully discussed in the former nfrj of it: but, considering it, as he did, to be of very crsat importance to form a system for the government of a colony, which, both in point of duty and interest, they were Gouiki to do, he professed himself to be extremely anxious to cocrr all opportunity of receiving every species of observation :ad information which could be obtained upon the subject; ad therefore he acquiesced in the re-commitment of the bill. As to the first objection of the right honourable gentleman Jgainst the manner of forming the Assemblies, he must confe that it was certainly his wish that the Assemblies in both Pro?inces might prove numerous enough to answer all the purposes of a popular Assembly, as far as the circumstances of the two provinces were properly qualified for that situation. But he doubted very much, according to the present state of vie colony, and the population in that province, whether the Assemblies could be lendered more numerous than was proposed. The House would, however, have the goodness to consider, that there was not the smallest idea that the Assemfclits should not be increased, when the population of the prosince increased. The Assemblies undoubtedly otight to be wended with the growing population of Canada. He believed that a very numerous representative body was in no aspect desirable, and they ought always to bear some proportion to the circumstances of the country. With regard '5 the duration of the Assemblies, a House of Assembly for f«en years would surely prove better than for a sliorter period. In the other colonies, the Council and Assembly were constituted in such a manner, as to invest the Governor *'th more influence than would be given to him by the pretetb'tU. If the Assembly was not properly constituted at kfst) it must be recollected that it was subject to revision, that it might easily afterwards be altered. There was nothing to hinder the Parliament of Great Britain from coracting any point which might hereafter appear to want corrfction. As to the Legislative Council, he totally and en''tly differed from the right honourable gentleman, who bought it would be better if it were to bean elective Council, m'he manner which had been lately establislied in America. Hedid not think it was the business of that House to discuss ■bat was the best constitution of Government for France, wAmerica, or for any foreign country; and this had been a L a reasoa
reason why he had always declined making any remarks cor cerning the affairs of France. Whether France had choU. well for itself, or whether America had chosen well for it self, he had no difficulty in declaring, that the English cor stitution which we had chosen, was in its principle the be for us; better than any of those republican principles. ti said he did not mean to use the word republican as an ofc noxious term, but none of those republican principles whic the right honourable gentleman had described as the con/e quence of a greater extension of learning and light, am which, he had said, shone in the constitutions of France am America, could improve the constitution of Britain. The^ did not appear to be such as, if adopted by u«, or any of ou colonies, would be any improvement of our constitution, hu the reverse.. An aristocratical principle being one part of ou: mixed Government, he thought it proper that there stioulc be such a Counc il in Canada as was provided for by the bill and which might answer to that part of the British constitution which composed the other House os Parliament. With respect to the Protestant clergy, he wished to make an adequate provision for th?m, so that they might be supported in as respectable a situation as possible. The giving them a certain portion of land was the most eligible mode of supporting the clergy which had occurred to his mind; and as to the proportion of one seventh, whether it was or was not too much, if it turned out to be too much in future, the state of the land appropriated to the clergy, like every thing else provided by ihe bill, was subject to a revision. At present, he imagined that no man could think that one seventh part was unreasonable; and it was to be recollected that one seventh had almost grown into an established custom, where land had been given in commutation for tythes. One tenth of the produce which took place in England, must be confessed to be a far gteater provilion than one seventh of land. As to the division of the province, it was, in a great measure, the fundamental part of the bill; and he had no scruple to dectare that he considered it as the most material and essential part of it. He agreed with the right honourable gentleman, in thinking it extremely desirable that the inhabitants of Canada stiould be united, and led universally to prefer the English constitution and the English laws. Dividing the province, he considered to be the most likely means to effect this purpose, since by so doing, the French subjects would be sensible that the British Government had no intention of forcing the Englisti laws upon them, and therefore they would, with more facility, look at the operation and effect of those laws, compare them with the operation and effect of their own,
prabahlr in time adopt them from conviction. This, he thoBtbt, was more likely to prove the cafe, than if the Briti&Gorernment were all at once to subject the whole inhahimciQ the constitution and laws of this country, Experisee would teach them that the English laws were best; n: readmitted that they ought to be governed to their satis&æca. If the province had not been divided, there would :7ebeen only one House of Assembly; and there being two riruej, if those parties had been equal, or nearly equal, in tuf Aifembly, it would have been the source of perpetual rxuon: if one of the parties had been much stronger than :ie other, the other might justly have complained that they v.-e oppressed. It was on that persuasion that the division 1 the province was conceived to be the most likely way of uuuung every desirable end.
When the Speaker had put the question, and after it was ctned that the bill should be re-committed,
The report of the Catholic Dissenters bill was brought up, blithe several amendments made in the Committee agreed to rejected, with very little debate.
I pon the suggestion of Mr. Fox, the clause which requires jsibœs of the Peace to commit persons frequenting places of *crfljip authorised by the bill, and refusing to take the oath cwtained in it, was not admitted.
On the clause for enabling Catholic Disienters, who (hall tin the oath, to present to ecclesiastical livings,
TheAsa/Jer of the Rolls observed, that the intention of the Master of
i was to relieve a certain description of men from penalties the Roll*. '■'<& disabilities; that the power of presenting to Church be^ncKwasnot a civil right, but an ecclesiastical right; and '-si although the law considered that power as property, and '■other dissenters from the esiabliflied church were allowed fofxercise ir, yet he could not, after having maturely con'^ the point, think that it ought to be granted to Cathowithout consideration.
Mr. If indham observed that, although it might seem rather Mr. ::'Jnge in theory, that a man should be allowed to recom- Windham
^a teacher in a church, of which he himself was not a "srnber, he did not think that any practical inconvenience could arise from it, as the church had the means of prevent
nl an improper person from being introduced. Mr. Cox remarked, that the House ought to attend to the Mr. Cox.
^indices of the lower classes of people, who were not ca
,J 'ie of entering into the refi; e 1 doctrines of toleration, and if they saw a Roman Catholic enabled to present to a
•Larch living, would be strongly impressed witii the idea
^Pavliaroenr, and men in power, were totally indifferent