riddell] BRITISH NORTH AMERICA ACT, 1867 75 



By this time there was a great change in the official view as to the 

 proper form of government for Canada. 



In moving for leave to introduce this Bill in the House of Com- 

 mons Pitt, with almost his first word, said that it was proposed to 

 give the Colonists "all the advantages of the British constitution"^ 

 In the extraordinary debate on the Bill lasting five days^, Fox said 

 that the Bill held out to Canadians something like the shadow of 

 the British constitution, but denied them the substance.^ Burke 

 could not keep away from his bête noire, the French Revolution, and 

 had to be called to order more than once, but he urged that not "the 

 bare imitation of the British constitution" should be given, but "the 

 thing itself."^ He said that "it was usual in every Colony to form 

 the government as nearly upon the model of the Mother Country as 

 was consistent with the difference of local circumstance."^ With 

 Fox he urged that the "constitution, deservedly the glory and 

 happiness of those who lived under it, and the model and envy of 



provisions of sec. 48 of the Act directing a Royal warrant to authorize the "Governor 

 or Lieutenant-Governor of thé Province of Quebec or the person administering the 

 government there, to fix and declare such day as they shall judge most advisable 

 for the commencement" of the effect of the legislation in the new provinces, not 

 later than December 31st, 1791. Lord Dorchester (Sir Guy Carleton) was ap- 

 pointed, September 12th, 1791, Captain-General and Governor-in-Chief of both 

 provinces and he received a Royal warrant empowering him to fix a day for the 

 legislation to become effective in the new provinces (see Ont. Arch. Rep. 1906, p. 

 168). In the absence of Dorchester, General Alured Clarke, Lieutenant-Governor 

 of the Province of Quebec, issued, November 18th, 1791, a proclamation fixing 

 Monday, December 26th, 1791, as the day for the commencement of the said legisla- 

 ture (Ont. Arch. Rep. 1906, pp. 169-171). According technically and in law, the 

 new Provinces were formed by Order-in-Council, August 24th, 1791; but there 

 was no change in administration until December 26th, 1791. 



1 28 Hansard, p. 1377. 



"^ It was in this Debate that the historic rupture took place between Burke 

 and Fox: even in the dry pages of Hansard, the human interest stands out. It 

 is, indeed, hard for us a century and a quarter afterwards, thoroughly to understand 

 the causes of the quarrel; if there was no more than appears on the surface, it is 

 difficult for us moderns to understand why a difference, largely theoretical, of opinion 

 on the French Revolution should cause a severance of friendship. The Debate is 

 reported in 29 Hansard, pp. 103-113: 359-430. 



3 29 Hansard, p. 110. 



* 29 Hansard, p. 366: Burke was called to order by the well known Michael 

 Angelo Taylor (afterwards the Father of the House) p. 369, by St. Andrew St. John 

 (afterwards Lord St. John) pp. 370, 374, by Mr. (afterwards Sir) John Anstruther 

 (afterwards Chief Justice of Bengal) p. 371, but Pitt came to his rescue p. 375 — then 

 Charles Grey (afterwards the second Earl Grey, Viscount Howick) again called 

 him to order p. 385. 



5 29 Hansard, p. 403. 



