74 THE ROYAL SOCIETY OF CANADA 



and "think they have as good a right to have assemblies as any other 

 colony on the continent")^ Sergeant Glynn,^ Charles James Fox^ 

 (who urged that it was not right for Britain "to originate and 

 establish a constitution in which there is not a spark or semblance of 

 liberty" and protested against the proposal to "establish a perfectly 

 despotic government contrary to the genius and spirit of the British 

 Constitution")^ and Burke^ (who objected to the "despotic Council")^ 

 the Bill was passed. The Attorney-General/ thought it absurd that 

 Canada should have her sovereignty divided between the Governor, 

 Council and Assembly; that, he thought, would be making Canada an 

 Allied Kingdom totally out of the power of Britain"to act as a federal 

 unTon if they please and if they do not please to act as an independent 

 country — a federal condition pretty much the condition of the States 

 of Germany."^ Sir Guy Carleton, Governor-General of Canada, 

 being examined before a Committee of the House of Commons said 

 that the Canadian inhabitants were not desirous of having Assemblies 

 in the Province — "Certainly not."^ 



The Quebec Act provided for the government of Canada by 

 GoA'ernor and Council without Assembly, and the British Constitution 

 was ignored. 



But many English-speaking immigrants came in from the United 

 States after the Peace of 1783, and it was decided to divide the 

 Province into two: this was done by Royal Prerogative, but the 

 government and constitution of the two Provinces, Upper Canada 

 and Lower Canada were prescribed by Act of Parliament, the Canada 

 Act or Constitutional Act^". 



* "Debates etc Cavendish, etc." See note 2 on p. 73. 



'^John Glynn (1722-1779) Serjeant-at-Law, Recorder of London, described 

 by Lord Chatham as "a most ingenious, solid, pleasing man and the spirit of the 

 Constitution itself." 



3 The well-known politician whose life was in great measure devoted to liberty. 



* "Debates etc. Cavendish, etc.," pp. 61, 62. 



* Edmund Burke. 



* "Debates etc. Cavendish, etc.," p. 93. 



^ Edward Thurlow afterwards Lord Chancellor Thurlow. 



* "Debates etc. Cavendish, etc.," p. 36. 



» "Debates, etc. Cavendish, etc.", p. 105. "Very much the Contrary", 17 

 Hansard, p. 1368. 



1" The division of the Province of Quebec into two provinces, i.e.. Upper Canada 

 and Lower Canada, was effected by the Royal Prerogative: but 31, Geo. HI., c. 31, 

 the celebrated Quebec Act, provided the form of Government, etc. The message 

 sent to Parliament expressing the Royal intention is to be found copied in the Ont. 

 Arch. Reports for 1906, p. 158, 28 Hansard, p. 1271. After the passing of the 

 Quebec Act, an Order-in-Council was passed August 24th, 1791 (Ont. Arch. Rep. 

 1906, pp. 158 seq.), dividing the province of Quebec into two provinces and under the 



