Canada

by John George Bourinot

The Constitutional Act of 1791, which created the two provinces of Upper and Lower Canada, caused much discussion in the British Parliament and in Canada, where the principal opposition came from the English inhabitants of the French province. These opponents of the act even sent Mr. Adam Lymburner, a Quebec merchant of high standing, to express their opinions at the bar of the English House of Commons. The advocates of the new scheme of government, however, believed that the division of Canada into two provinces would have the effect of creating harmony, since the French would be left in the majority in one section, and the British in the other. The Quebec Act, it was generally admitted, had not promoted the prosperity or happiness of the people at large. Great uncertainty still existed as to the laws actually in force under the act. In not a few cases the judges were confessedly ignorant—Chief Justice Livius, for instance—of French Canadian jurisprudence. The increase of the English population was a strong argument for a grant of representative institutions. Accordingly the constitutional act provided for an assembly, elected by the people on a limited franchise, in each province, and for a legislative council, appointed by the Crown. The sovereign might annex hereditary letters of honour to the right of summons to the legislative council, but no attempt was ever made to create a Canadian aristocracy, or distinct class, under the authority of this section of the act. The British Government reserved the right of imposing, levying, and collecting duties of customs, and of appointing or directing their payment, though it left the exclusive apportionment of all moneys levied in this way to legislature. The free exercise of the Roman Catholic religion was permanently guaranteed. A seventh part of all uncleared Crown lands was reserved for the use of the Protestant clergy—a provision that caused much trouble in the future. The civil law of French Canada was to regulate property and civil rights in that province. English criminal law was to prevail in both the Canadas. The Governor-General of Quebec and Lieutenant-Governor of Upper Canada were each assisted by an executive council chosen by those functionaries, and having a right to sit also in the legislative council. Lord Dorchester was the first governor-general, not only of Canada, but likewise of the other provinces by virtue of separate commissions to that effect. The heads of the executive in all the provinces except Quebec were called lieutenant-governors, but they became only directly subordinate to the governor-general when he was present in a province in his official capacity.

The city where the first assembly of Lower Canada met in 1792 was one of great historic interest. The very buildings in which the government transacted its business had echoed to the tread of statesmen, warriors, and priests of the old régime. The civil and military branches of the government then occupied apartments in the old Château St. Louis, elevated on the brink of an inaccessible precipice. On a rocky eminence, in the vicinity of a battery close to Prescott Gate, erected in 1797, was an old stone building, generally known as the Bishop's Palace. Like all the ancient structures of Quebec, this building had no claims to elegance of form, although much labour and expense had been bestowed on its construction. The chapel of this building, situated near the communication with the lower town, was converted into a chamber, in which were held the first meetings of the representatives of Lower Canada.

On the 17th of December, the two houses assembled in their respective chambers in the old palace, in obedience to the proclamation of Major-General Alured Clarke, who acted as lieutenant-governor in the absence of the governor-general, Lord Dorchester. Among the officers who surrounded the throne on that occasion, was probably his Royal Highness the Duke of Kent, who was in command of the 7th Royal Fusiliers, then stationed in the old capital. On so momentous an occasion, the assemblage was large, and comprised all the notabilities of English and French society. In the legislature were not a few men whose families had long been associated with the fortunes of the colony. Chaussegros de Léry, St. Ours, Longueuil, Lanaudière, Rouville, Boucherville, Salaberry, and Lotbinière, were among the names that told of the old régime, and gave a guaranty to the French Canadians that their race and institutions were at last protected in the legislative halls of their country. M. Panet, a distinguished French Canadian, was unanimously elected the speaker of the first assembly of French Canada.

Prescott Gate and Bishop's palace at Quebec in 1830.

Now let us leave the Bishop's Palace, among the rocks of old Quebec, and visit the humble village of Newark, where Lieutenant-Governor Simcoe opened his first legislature under the new constitution in the autumn of 1792. Across the rapid river was the territory of the Republic, which was engaged in a grand experiment of government. The roar of the mighty cataract of Niagara could be heard in calm summer days. On the banks of this picturesque river was the residence of the lieutenant-governor, known as Navy Hall, where the legislators of Upper Canada probably met. This was but a mean parliament house, compared with the massive pile which was chosen for a similar purpose in Quebec; and yet each was appropriate in its way. The Bishop's Palace illustrated an old community, which had aimed at the conquest of the larger part of America, and had actually laid the foundations of an empire; the legislative cabin of Newark was a fit type of the ruggedness and newness of western colonial life. The axe was whirring amid the forests, and only here and there, through a vast wilderness, could be seen the humble clearings of the pioneers.

The session was opened with the usual speech, which was duly reported to the house of assembly by the speaker, Mr. McDonnell of Glengarry, and immediately taken into consideration by the representatives of the yeomanry of the western province. It is said that on more than one occasion, the representatives were forced to leave their confined chamber and finish their work under the trees before the door. If the attendance was small on this occasion, it must be remembered that there were many difficulties to overcome before the two Houses could assemble in obedience to the governor's proclamation. The seven legislative councillors and sixteen members who represented a population of only 25,000 souls, were scattered at very remote points, and could only find their way at times in canoes and slow sailing craft. Nor must it be forgotten that in those early days of colonisation men had the stern necessities of existence to consider before all things else. However urgent the call to public duty, the harvest must be gathered in before laws could be made.

Such were the circumstances under which the legislatures were opened in the two provinces, representing the two distinct races of the population. Humble as were the beginnings in the little parliament house of Newark, yet we can see from their proceedings that the men, then called to do the public business, were of practical habits and fully alive to the value of time in a new country, as they sat for only five weeks and passed the same number of bills that it took seven months at Quebec to pass.