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, 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 Assembly, 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 Provinces, 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 Majesty'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. cap. 83 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": 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, or its powers Governor, or Commander in Chief for the time being, shall be, and the repealed. 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 intended Provinces the authority aforesaid, that there shall be within each of the said Prova Legislative 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. 2 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). Assembly to Majesty may the Government of the Province. the Governor to summon members to Council. composed and constituted in the manner hereinafter described; and that in each of the said Provinces respectively, His Majesty, His Heirs, and Successors, shall have power during the continuance of this Act, by and with the advice and consent of the Legislative Council and Assembly of such Provinces respectively, to make laws for the peace, welfare and good Government thereof, such laws not being repugnant to this Act; and that all such laws being passed by the Legislative Council and Assembly of either of the said Provinces respectively, and assented to by His Majesty, His Heirs or Successors, or assented to in His Majesty's name by such person as His Majesty, His Heirs or Successors, shall from time to time appoint to be the Governor or Lieutenant-Governor of such Province, or by such person as His Majesty, His Heirs or Successors, shall from time to time appoint to administer the Government within the same, shall be, and the same are hereby declared to be, by virtue of and under this Act, valid and binding, to all intents and purposes whatever, within the Province in which the same shall have been so passed. His Majesty III. And be it further enacted by the authority aforesaid, that for may authorize the purpose of constituting such Legislative Council, as aforesaid, in each or Lieutenant of the said Provinces respectively, it shall and may be lawful for his Governor of Majesty, his heirs, or successors, by an instrument under his or their sign each Province manual, to authorize and direct the Governor or Lieutenant-Governor, or person administering the Government, in each of the said Provinces rethe Legislative spectively, within the time herein after mentioned, in His Majesty's name. and by an instrument under the Great Seal of such Province, to summon to the said Legislative Council, to be established in each of the said Provinces respectively, a sufficient number of discreet and proper persons, being not fewer than seven, to the Legislative Council for the Province of Upper Canada, and no fewer than fifteen to the Legislative Council for the Province of Lower Canada; and that it shall also be lawful for his Majesty, his heirs or successors, from time to time, by an instrument under his or their sign manual, to authorize and direct the Governor or Lieutenant-Governor, or person administering the Government in each of the said Provinces respectively, to summon to the Legislative Council of such Province in like manner such other persons as his Majesty, his heirs or successors, shall think fit; and that every person who shall be so summoned to the Legislative Council of either of the said Provinces respec tively, shall thereby become a member of such Legislative Council, to which he shall have been so summoned. No person of age, etc., to be sum moned. Members to hold their seats for life. His Majesty may annex to hereditary IV. Provided always, and be it enacted by the authority aforesaid, under 21 years that no person shall be summoned to the Legislative Council, in either of the said Provinces, who shall not be of the full age of twenty-one years, and a natural born subject of his Majesty, or a subject of his Majesty naturalized by Act of the British Parliament, or a subject of his Majesty having become such by the conquest and cession of the Province of Canada. V. And be it further enacted by the authority aforesaid, that every member of each of the said Legislative Councils shall hold his seat therein for the term of his life, but subject nevertheless to the provisions here inafter contained for vacating the same, in the cases hereinafter specified. VI. And be it further enacted by the authority aforesaid, that when ever his Majesty, his heirs or successors, shall think proper to confer upon any subject of the Crown of Great Britain, by letters patent under the Great Seal of either of the said Provinces, any hereditary title of honor, rank, or dignity of such Province, descendible according to any course of descent limited in such letters patent, it shall and may be lawful for his Majesty, his heirs or successors, to annex thereto by the said letters patent, if his Majesty, his heirs or successors shall so think fit, an hereditary right of being summoned to the Legislative Council of such Province, descendible according to the course of descent so limited with respect to such title, rank, or dignity; and that every person on whom such right shall be so conferred, or to whom such right shall severally so descend, shall thereupon be entitled to demand from the Governor, Lieutenant-Governor, or person administering the Government of such Prov titles of honor the right of being sum moned to the Legislative Council. 4 ince, his writ of summons to such Legislative Council at any time after he shall have attained the age of twenty-one years, subject nevertheless to the provision hereinafter contained. ible right for VII. Provided always, and be it further enacted by the authority Such descendaforesaid, that when and so often as any person to whom such hereditary feited, and right shall have descended shall, without the permission of his Majesty, his heirs or successors, signified to the Legislative Council of the Province by the Governor, Lieutenant-Governor or person administering the Government there, have been absent from the said Province for the space--of four years continually, at any time between the date of his succeeding to such right and the time of his applying for such writ of summons, if he shall have been of the age of twenty-one years or upwards at the time of his so succeeding, or at any time between the date of his attaining the said age and the time of his so applying, if he shall not have been of the said age at the time of his so succeeding; and also when and so often as any such person shall, at any time before his applying for such writ of summons have taken any oath of allegiance or obedience to any foreign prince or power, in any such case such person shall not be entitled to receive any writ of summons to the Legislative Council by virtue of such hereditary right, unless his Majesty, his heirs or successors, shall at any time think fit, by instrument under his or their sign manual, to direct that such person should be summoned to the said Council; and the Governor, Lieutenant-Governor, or person administering the Government in the said Frovinces respectively, is hereby authorized and required, previous to granting such writ of summons to any person applying for the same, to interrogate such person upon oath, touching the said several particulars before such Executive Council as shall have been appointed by his Majesty, his heirs or successors, within such Province for the affairs thereof. VIII. Provided also, and be it further enacted by the authority afore- Seats in Coun said, that if any member of the Legislative Councils of either of the said cil vacated in Provinces respectively, shall leave such Province, and shall reside out of certain cases. the same for the space of four years continually, without the permission of his Majesty, his heirs or successors, signified to such Legislative Council by the Governor, or Lieutenant-Governor, or person administering his Majesty's Government there, or for the space of two years continually without the like permission, or the permission of the Governor, LieutenantGovernor, or person administering the Government of such Province, signified to such Legislative Council in the manner aforesaid; or if any such member shall take any oath of allegiance or obedience to any foreign prince or power, his seat in such Council shall thereby become vacant. seats so for IX. Provided also, and be it further enacted by the authority afore- Hereditary said, that in every case where a writ of summons to such Legislative rights and Council shall have been lawfully withheld from any person to whom such feited, or hereditary right, as aforesaid, shall have descended, by reason of such vacated, to absence from the Province as aforesaid, or of his having taken an oath remain suspended during of allegiance or obedience to any foreign prince or power, and also in the lives of every case where the seat in such Council of any member thereof, having the parties, such Hereditary right as aforesaid, shall have been vacated by reason of but on their deaths to go to any of the causes hereinbefore specified, such hereditary right shall re- the person main suspended during the life of such person unless his Majesty, his next entitled heirs or successors, shall afterwards think fit to direct that he be sum- thereto. moned to such Council; but that on the death of such person such right, subject to the provisions herein contained, shall descend to the person who shall next be entitled thereto, according to the course of descent limited in the letters patent by which the same shall have been originally conferred. X. Provided also, and be it further enacted by the authority afore- Seats in said, that if any member of either of the said Legislative Councils shall forfeited and be attainted for treason in any Court of law within any of his Majesty's hereditary dominions, his seat in such Council shall thereby become vacant, and any rights extin such hereditary right as aforesaid then vested in such person, or to be guished for derived to any other person through him, shall be utterly forfeited and extinguished. N Council treason. |