suggested by the fact being known in Canada that in the previous year Sydney had informed Dorchester there was no immediate intention to change the Quebec act.* Lymburner was instructed to obtain attention to the petition of 1784, both from king and parliament. In order to effect this result, he enlisted the co-operation of the committee of London merchants interested in the Canadian trade.

Sydney had called upon Dorchester to report upon the form of civil government, and the code of law that it was held advisable to introduce. + Dorchester's views were carefully expressed he conceived that any change in the constitution should be gradually made, and that a firm and benevolent administration was the best remedy in the circumstances. The western settlements of the royalists he regarded as unprepared for any organization higher than that required for a county, and he thought no time should be lost in selecting an able lieutenant-governor for the four western districts. He strongly counselled an early decision on the subject. In case the division of the province was to take place, he submitted what he conceived should be the line of separation.

In 1789 Dorchester was notified that the division of the province was definitely determined, and a draft of the proposed bill was sent to him for consideration, § to be returned with the observations he deemed expedient to make. The act was to be introduced in January, 1790. The time for the consideration of the measure was held to be favourable, as the condition of France suggested that there was no fear of interference on her part. From the tenor of Grenville's communication, it is evident that Dorchester had submitted reasons against the separation. He was told that the resolution having been taken to establish a provincial legislature, it was advisable to constitute in separate provinces the

* [Can. Arch., Q. 28, p. 44, 20th Sept., 1787.] +[Can. Arch., Q. 38, p. 164, 14th Oct., 1788.] [Can. Arch., Q. 39, p. 109, 8th November.]

§ [Can. Arch., Q. 42, p. 92, 20th October, 1889.] These papers are given in full in the Archive report of 1890, note B., pp. 10-47.

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"ancient subjects" and the French Canadian majority; rather than that they should be blended together by the new constitution, before time had removed old prejudices and the habit of obedience had been enforced by a common interest.*

There was difficulty in describing the boundary between the western province and the United States. To follow the line mentioned in the treaty would have excluded the forts "still in His Majesty's possession and which the infraction of the Treaty . has induced His Majesty to retain." To have described a line which would have embraced them was regarded as likely to lead to diplomatic and even more serious complications with the United States. Some general description was therefore suggested, such as "all the territories west and south of the boundary line of Lower Canada." The consequence was that no description of the western boundary is given in the act at all. The text sets forth that it is "the intention to divide the province of Quebec into two separate provinces, to be called Upper and Lower Canada."

From the first it had been resolved to make the office of legislative councillor hereditary, but the proposal did not receive the support of Dorchester. He pointed out that, if the prosperity of the country furnished the means of supporting the dignity, some advantages might result from the system, but the fluctuating condition of wealth would expose hereditary honours to fall into disregard: an opinion even

I have been unable to find these specified objections by Carleton further than I have given them above. The words in which allusion is made to the principles on which the act had been conceived appear to be worthy of record, as shewing the sentiment entertained by the mother country towards this province: "Your Lordship will observe that the general object of this Plan is to assimilate the constitution of that Province to that of Great Britain, as nearly as the difference arising from the manners of the People and from the present situation of the Province will admit.

"In doing this, a considerable degree of attention is due to the prejudices and habits of the French Inhabitants, who compose so large a proportion of the community, and every degree of caution should be used to continue to them the enjoyment of those civil and religious Rights, which were secured to them by the Capitulation of the Province, or have since been granted by the liberal and enlightened spirit of the British Government." [Can. Arch., Q. 42, p. 46. Grenville to Dorchester, 20th Oct., 1789.]

in the present day not to be despised by imperial statesmen, when honours are designed for Canadian public men. Dorchester recommended that for the present it was advisable to appoint the members during life, good behaviour, and residence in the province. This wise recommendation was not acted upon. The clause conferring hereditary honours was retained in the act, but no case ever happened where it was applied.*

It will surprise many to learn that at this early date the establishment of the present dominion parliament was distinctly foreshadowed. The proposition was not entertained, no doubt owing to the small, scattered population which the provinces contained, and from the expense it would have entailed. The theory, however, in another form received recognition on the appointment of Dorchester as governorgeneral in 1786. It has been stated that he entered upon his duties as governor-general of British North America not only as governor of Canada, but likewise as governor of each of the two provinces, Nova Scotia and New Brunswick. † He occupied the same position with regard to Simcoe on his appointment as lieutenant-governor of Upper Canada in 1791. The unpleasantness which arose from the exercise of this authority no doubt had its influence on Simcoe's application for leave on the ground of ill health. From the complications which had arisen it is probable that it also led, on Simcoe's arrival in England, to his immediate appointment to the government of San Domingo.

The proposition to which I allude was contained in a letter from chief justice Smith to lord Dorchester, and by him forwarded to the home government. Smith pointed out that the new act was laying the foundation of two flourishing provinces "for more to grow out of them, to compose at no remote period a mass of power very worthy of immediate

The clause (VI.) is permissive rather than positive. It enacts that . it may be lawful. . to annex an hereditary right of being summoned to the legislative council.

† Ante., p. 255.

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attention." What was required was to constitute what remained of the ancient dominion under one general direction for the "united interests and safety of every branch of the empire." Smith argued that the cause of the revolt in the old provinces was attributable to the fact that the country had outgrown its government, and that the true remedy should have been applied half a century before the quarrel began. The difficulty had arisen from the exercise of government by the many petty legislatures with no controlling power, and from the fact that those constituting them had been taught to consider they were the true substance of authority and the provincial governor and council but its shadow. Thus a democratic spirit had been encouraged, uncontrolled by a central administrative authority to develop a common political life, and to constitute the self-governing provinces as associates in the policy of the empire, consulting alike their own safety and the common welfare. We have in these few words the modern theory of "Imperial Federation," a theory which binds together all the members of the British empire, cach component part possessing the right of self-government, controlled only by a sense of the necessity of a close alliance for the purpose of common defence and for maintaining the dignity and honour of the united whole. One essential element of the success of this consolidation is the avoidance of all unjust votes in the imperial house of commons, given to pander to the political exigencies of the hour; but above all, the total cession of interference in the government of another province, except when based on wisdom, right and necessity, with the total rejection of all doctrinaire theories that on occasions have often unhappily prevailed.

Chief justice Smith remembered, as a young man, the dread of the French power in Canada as it had been felt in the old provinces, and the extent to which it had hindered those dwelling in the eastern Atlantic provinces from moving westwardly. He had seen that the spirit of French aggression had been subdued only by the imperial military force, and that the old provinces had been relieved from this

ever impending attack by the determined attitude of the mother country. Further, as history tells us, that the blood shed and the money expended in the quarrel, with the continued beneficence of the mother country, by which in America freedom from these alarms had been attained, had all rapidly passed out of mind. Had there existed a central governing body, having its origin in the provinces, to meet on the common ground of general government, a sentiment different in character would have been developed, and a community of interest with its consequent amity would have been maintained.

In this view, he recommended a legislative assembly and council for the whole of British America south of Hudson's Bay and north of Bermuda, to make laws for the good government of all the provinces. The members of the council to be appointed for life; the assembly to be elected by the provincial house of assembly of each province, to be summoned once in two years; the legislature to continue for seven years; the governor-in-chief to have the power to assent to a bill or to leave it for the royal pleasure; to hold power above that of the lieutenant-governors. The provincial acts to be submitted to the central government for approval, which, if expedient, could be withheld. All acts of the central council to be subject to imperial disallowance.*

Eighty years were to pass before this view was to prevail ; nevertheless, the main principles followed in the establishment of the present constitution of the dominion are distinctly recognisable.

Owing to the uncertainty of the maintenance of peace with Spain in 1789, the Canada act was not introduced into parliament in the session of 1790, as had been the original intention. Grenville had notified Dorchester that hostilities might take place, but he did not conceive that there was any probability of an attack upon Canada. The United States, however, in such a case might be encouraged to demand the cession of the posts; and with this contingency before him, * [Can. Arch., Q. 44.1, p. 61.]