[riddell] PRE-ASSEMBLY LEGISLATURES IN BRITISH CANADA HI 



"by which the Governors were empower'd and directed so soon as the 

 circumstances of the Colonies will admit thereof, to summon and 

 call General Assemblys of the Freeholders * * * jj^ such manner 

 as is practised in Your Majesty's other Colonies" (11). 



In the North American Colonies the government as prescribed 

 by Commission and Instructions to the Governor consisted of a 

 Governor, a Council selected by the Crown and an Assembly elected 

 by the people. Both Assembly and Council took part in legislation 

 and the Council also formed an Executive: the Governor gave or 

 withheld the Royal consent in all legislation. 



It did not seem advisable to call a House of Assembly immediately 

 in Canada because it contained "within it a very great number of 

 French Inhabitants and settlements and * * the Number of such 

 Inhabitants must greatly exceed for a very long period of time that of 

 Your Majesty's British and other Subjects even supposing the utmost 

 efforts of Industry on their part either in making such new Settlements, 

 by clearing of Lands or purchasing old ones from the ancient Inhabit- 

 ants" — as the Board of Trade express it in their Report (10). 



The object of promising an Assembly was plainly to induce 

 settlement from the Old Land and the American Colonies, countries 

 which enjoyed the advantage of a House elected by the people, not 

 nominated by the Crown. 



The Royal Proclamation of October 7, 1763, which divided the 

 newly acquired territory, formed the "Government of Quebec" from 

 old Canada (12) and stated that express power had been given to the 

 Governors of the new Governments (including Quebec) "that so soon 

 as the state and circumstances of the said Colonies will admit thereof, 

 they shall with the Advice and Consent of our Council summon and 

 call General Assemblies * * in such manner and form as is used 

 and directed in those Colonies and Provinces in America which are 

 under our immediate Government" (13). 



In the Commission issued to General James Murray as Governor 

 in Chief of the Province of Quebec, November 21, 1763, a Council 

 was provided for, to be appointed by the Crown ; and he was empowered 

 "so soon as the situation and circumstances of our said Province 

 under your Government will admit thereof and when and as often 

 as need shall require to summon and call General Assemblies of the 

 Freeholders and Planters within your Government" — and he was 

 commanded to govern according to his Instructions or "according to 

 such reasonable laws and statutes as shall hereafter be made and agreed 

 upon by you with the advice and consent of the Council and Assembly 

 of Our said Province." With the Council and Assembly or the major 

 part of them, he was to " make, constitute and ordain, Laws, Statutes 



