CHAPTER VII. It was the duty of sir Alured Clarke to inaugurate constitutional government in Canada, to declare by his proclamation the division of the province in accordance with the act of 1791, mentioned generally as the Canada act. The day it went into effect, the 26th of December, 1791, was observed as one of festivity. At Quebec public dinners were given and the city was illuminated at night. The second proclamation of 1792 by Clarke as lieutenant-governor of Lower Canada divided the province into counties. The names of these divisions read strangely in the light of the modern nomenclature. Gaspé, Cornwallis, Devon, Hartford, Dorchester, Buckinghamshire, Richelieu, Bedford, Surry (sic), Kent, Huntingdon, York, Montreal, Effingham, Leinster, Warwick, St. Maurice, Hampshire, Quebec, Northumberland, Orleans, numbering twenty-one. Each county returned two members, with the exception of Gaspé, Bedford and Orleans, which only returned one. Montreal and Quebec returned each four members; Three Rivers, two; William Henry (Sorel), one; making a total of fifty members. Generally, opposition candidates presented themselves in the several constituencies, the consequence of personal ambition not of political principle, for party lines had not been traced. Judging by the names of those elected, the house contained only sixteen members of British origin: a proportion never increased during the forty-six years of existence of the assembly. The number, indeed, was often less. The house met on the 17th of December, 1792, a season selected, in the words of Clarke in opening the session, as "least inconvenient to your private interests." Mr. J. A. Panet, of Quebec, an advocate of eminence of the Quebec bar, was elected speaker. Chief justice Smith was nominated 1792] THE FIRST PARLIAMENT. 379 by the crown speaker of the legislative council, composed generally of the old council. * A message from the governor, that followed his speech, led the house to determine the number to constitute a quorum, and to lay down rules and standing orders. A discussion of some warmth arose, whether the quorum should be established by an act of the legislature or by standing orders. The latter was finally selected. It was originally fixed at twothirds, thirty-four; during the session it was changed to one-half with the speaker, twenty-six. The following session it was reduced to one-third, eighteen, again to be increased. On the opening of the session the lieutenant-governor, by command, communicated to the speaker the style to be followed in the enactment of bills, and enforced also the observance of some general principles. That each enactment should be by a distinct law, no two matters having no proper relationship to each other to be included in the same bill; that no clause be inserted in an act at variance with its title; that no law be suspended, altered or continued by general words, but by title and date; that acts affecting royal rights should be reserved for home consent; that no law should be enacted for less than two years, except in a case of great necessity. One question much discussed arose, as to the use of the two languages. It was finally determined that a motion could be made in French or English, as the member making the motion found necessary; the motion to be translated by the clerk. The speaker, if master of the two languages, was held to read it in the two languages, otherwise the translation should be read by the clerk. A point arose which of the two languages should be considered the language of the law. The following constituted the council: J. G Chaussegros de Léry, Hugh Finlay, Picotte de Belestre, Thomas Dunn, Paul Roc de St. Ours, Edward Harrison, Francois Baby, John Collins, Joseph de Longueuil, Charles Delanaudière, George Pownal, R. A. de Boucherville, John Fraser. The receiver general, sir Henry Caldwell, was subsequently named, completing the legal number, fifteen. Whilst it was resolved that the journals should be kept in French and English, the decision was attained that neither language should be held pre-eminent: an amendment of Mr. Richardson being negatived by the vote of twenty-six to thirteen, that "in order to preserve that unity of legal language indispensably necessary in the empire, and touching any alteration in which a subordinate legislature is not competent, the English shall be considered the legal text." Subsequently a resolution was carried that "each member has a right to bring in any bill in his own language, but that after the same shall be translated, the text shall be considered to be that of the law, to which said bill hath reference." Although obscurely worded, the meaning evidently is that the law is to be looked for in the original bill, not in the translation. During the session, an address was voted to the king by the assembly, setting forth "the sentiments of gratitude and joy on the happy change which has taken place in the forms of government." Even in this first session steps were taken with regard to the jesuits' estates, an address being voted to the king to secure and apply the same to the education of the youth in this province." It was Clarke's duty to inform the house that France had declared war against Great Britain an intimation which was heard with concern and indignation,” with an earnest prayer that the king's arms might be crowned with signal success over his enemies. Assurance was given that the militia laws should be renewed, and amended where necessary to secure and protect the province from insult. The subject was discussed but no changes were made. A light tax was imposed on wines and spirits, to meet the expenses of legislation. A resolution was at the same time passed, that the house would be ready at all times to take into consideration the allowance to Upper Canada, for the proportion of the tax due for the consumption in that province of the articles taxed. On the 9th of May the legislature was prorogued, the house having sat for five 1792] PRINCE EDWARD. 381 months less eight days. The judicature bill introduced from the council into the lower house did not pass. I have mentioned the presence of prince Edward in Quebec.* He had with all classes made himself exceedingly popular. It is still a tradition that he took a prominent part in the organization of a society of musical amateurs, one of the chief members of which was Sewell the attorney-general, an excellent violinist. On the arrival of the prince he had received an address of welcome, but his popularity was such that during the second session of the legislature in 1793, an address was voted, declaratory of the sentiments of respect and admiration felt for him. † Shortly afterwards in order to be sent on active service he applied for an appointment in the force under sir Charles Grey, then in the West Indies, engaged in operations against the French islands. In January, 1794, he received orders to *[Ante., p. 340.] †There can be little doubt but that prince Edward visited Niagara. I can, however, find no allusion to the circumstance in the State papers in the Archive branch or in the Simcoe MS. in the library. Had the visit taken place during the government of Simcoe, the prince would have been the guest of the governor, and it is reasonable to suppose that some record would have been made of it. Simcoe wrote constantly to Portland and Dundas, and the circumstance was one which would not have escaped the attention of so constant a letter-writer. Prince Edward landed at Quebec on August 11th, 1791, and left Canada in January, 1794. Simcoe reached Canada in 1791, remained in Quebec until 1792, and only reached Niagara in August of that year. The prince was present in Quebec in July, 1792, at the christening of Louis de Salaberry, and on the 13th of September, in passing through Montreal, received a complimentary address. He was in Quebec in April, 1793, when Draper, of his regiment, was sentenced to be shot. Early in September he opened a Sunday free school, and on the 10th of November with lord Dorchester, who had arrived in October, was at a large fire in that city.* So far as I can find, the one ground of belief of the prince's visit to Niagara is stated in Holt's life of George III. In a letter written by colonel Hardinge from Castle Hill, the duke of Kent's residence, in describing his carriages, the duke said: "I bought that curricle twenty years ago, have travelled in it all over the world and it is firm on its axle. I never was spilt in it but once. It was in Canada near the Falls of Niagara over a concealed stump in a wood just * These dates are taken from "The Life of Edward, Duke of Kent," by Dr. Anderson. Ottawa and Toronto, 1870. join that force, and he immediately left Quebec. When the fact was known, addresses were sent to him from many quarters, to which, owing to the prince's absence, replies were made in his name by lord Dorchester. Prince Edward ascended to Montreal and crossed to Saint Johns, to follow lake Champlain to Burlington, thence passing through Vermont and New Hampshire to Boston. In crossing lake Champlain, the two sleighs carrying his whole baggage broke through the ice, and all was lost. It was the first of the many losses which he experienced in this respect, forming a tissue of misfortunes rarely falling to the lot of any one person. He reached Boston on the 6th of February. The only vessel the commodore could place at his disposal was the "Roebuck," packet boat of six guns. The prince, anxious to reach his command, sailed in this vessel. There was risk of being taken by French cruisers, several of which were in these waters. Indeed the "Roebuck" was chased and fired at by a vessel of war, but being the swiftest sailer got away. Prince Edward arrived at Martinique on the 3rd of March, in time to take part in the operations against port Bourdon. After a siege of eleven days the place capitulated. The prince with a brigade of grenadiers and seamen embarked for Saint Lucia. This island was taken. The reduction of Guadaloupe followed. While he was engaged in this duty, orders were received by the prince from lord Amherst to proceed to Halifax, and there assume the command of the forces. He left the West Indies on the 30th of April, and arrived at Halifax on the 10th of May. * cleared." Although the fact of the visit is established, the year remains uncertain. The balance of evidence in my judgment places it in 1792, before Simcoe's arrival, and suggests that he was present in Montreal in September of that year on his return. It is not an important event in Canadian history; but any incident in the life of the duke of Kent, as the father of her majesty, is worthy of inquiry, and, if related, should be correctly stated. Prince Edward remained in command in the maritime provinces until 1798. In August of that year, on returning from a field day his horse fell, rolling over him. The injuries to his thigh and leg were so severe that two medical authorities of Halifax, Dr. Haliburton and Dr. Almon, advised his departure for |