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The Canadian Dominion [9]

By Root 653 0
of Montreal and Quebec in demanding an Assembly and relief from the old French laws. Carleton himself was compelled to admit the force of the conclusion of William Grenville, Secretary of State for the Home Department, then in control of the remnants of the colonial empire, and son of that George Grenville who, as Prime Minister, had introduced the American Stamp Act of 1765: "I am persuaded that it is a point of true Policy to make these Concessions at a time when they may be received as a matter of favour, and when it is in Our own power to regulate and direct the manner of applying them, rather than to wait till they shall be extorted from us by a necessity which shall neither leave us any discretion in the form nor any merit in the substance of what We give." Accordingly, in 1791, the British Parliament passed the Constitutional Act dividing Canada into two provinces separated by the Ottawa River, Lower or French-speaking Canada and Upper or English-speaking Canada, and granting each an elective Assembly.

Thus far the tide of democracy had risen, but thus far only. Few in high places had learned the full lesson of the American Revolution. The majority believed that the old colonies had been lost because they had not been kept under a sufficiently tight rein; that democracy had been allowed too great headway; that the remaining colonies, therefore, should be brought under stricter administrative control; and that care should be taken to build up forces to counteract the democracy which grew so rank and swift in frontier soil. This conservative tendency was strengthened by the outbreak of the French Revolution in 1789.* The rulers of England had witnessed two revolutions, and the lesson they drew from both was that it was best to smother democracy in the cradle.

* It will be remembered that in the debate on the Constitutional Act the conflicting views of Burke and Fox on the French Revolution led to the dramatic break in their lifelong friendship.


For this reason the measure of representative government that had been granted each of the remaining British colonies in North America was carefully hedged about. The whole executive power remained in the hands of the Governor or his nominees. No one yet conceived it possible that the Assembly should control the Executive Council. The elective Assembly was compelled to share even the lawmaking power with an upper house, the Legislative Council. Not only were the members of this upper house appointed by the Crown for life, but the King was empowered to bestow hereditary titles upon them with a view to making the Council in the fullness of time a copy of the House of Lords. A blow was struck even at that traditional prerogative of the popular house, the control of the purse. Carleton had urged that in every township a sixth of the land should be reserved to enable His Majesty "to reward such of His provincial Servants as may merit the Royal favour" and "to create and strengthen an Aristocracy, of which the best use may be made on this Continent, where all Governments are feeble and the general condition of things tends to a wild Democracy." Grenville saw further possibilities in this suggestion. It would give the Crown a revenue which would make it independent of the Assembly, "a measure, which, if it had been adopted when the Old Colonies were first settled, would have retained them to this hour in obedience and Loyalty." Nor was this all. From the same source an endowment might be obtained for a state church which would be a bulwark of order and conservatism. The Constitutional Act accordingly provided for setting aside lands equal in value to one-seventh of all lands granted from time to time, for the support of a Protestant clergy. The Executive Council received power to set up rectories in every parish, to endow them liberally, and to name as rectors ministers of the Church of England. Further, the Executive Council was instructed to retain an equal amount of land as crown reserves, distributed judiciously in blocks between the grants made to settlers. Were any
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