"The tenures were to be settled in Lower Canada by the local Legislature. In Upper Canada, the settlers being chiefly British, the tenures were to be soccage tenures.
"To prevent any such dispute as that which separated the thirteen colonies from the mother country, it was provided that the British Parliament should impose no taxes but such as might be necessary for the regulation of trade and commerce; and to guard against the abuse of this power, such taxes were to be levied and disposed of by the Legislature of each division."
The Bill was opposed in the House of Commons by Mr. Fox and others, upon the grounds that it created two provinces and two Legislatures, and made the members of the Legislative Councils nominees of the Crown for life, instead of leaving their election to the people; but the Bill was supported by Edmund Burke, who, with Fox, had voted side by side against the Quebec Act of 1774, but who opposed each other on the Canada Bill of 1791.[154]
Mr. Pitt, in reply to the objection of Mr. Fox and others, stated among other things, "That the population of Upper Canada amounted to only 10,000 inhabitants, and that of Lower Canada to not more than 100,000."[155]
With such preparation and explanations the Bill passed both Houses of Parliament and received the royal assent, conferring on Canada a new Constitution.
This Act separated the province of Quebec into two provinces, Upper and Lower Canada, the division line between which was the River Ottawa.
For each province a Legislature was established consisting of a Governor, a Legislative Council and House of Assembly—in imitation of the Constitution of England; for the Governor was to represent the Sovereign, the Legislative Council the House of Lords, and the Assembly the House of Commons.
The members of the Legislative Council were to be discreet persons, appointed by Royal authority for life; the members of the Assemblies were to be chosen by the people, once in four years, unless oftener called upon, by dissolution, to elect new members.
The Act was to come in force not later than the 31st of December, 1791; and the date of meeting of the new Legislature was not to be later than the 31st December, 1792.
Thus in fulfilment of a promise made in a Royal Proclamation in 1763, Canada obtained a representative form of government in 1791.