[riddell] PRE-ASSEMBLY LEGISLATURES IN BRITISH CANADA 113 



relating to the Constitutional History of Canada, 1759-1791, Canadian Archives 

 1907, Vol. HI (Sessional Paper, No. 18), pp. 37 sqq. 



Some account will also be found in my "Constitution of Canada," Yale Univer- 

 sity Press (the Dodge Lectures, Yale Univ. 1917) Lecture I. 



(2) Shortt and Doughty ut supra, pp. 14, 17, 18, 25, 27. 



(3) There has been much written of complaint against the military rule during 

 the years from 1759 to 1763; and no doubt there were some incidents of a more or 

 less harsh and arbitrary character: but taken as a whole, the administration was 

 as considerate and as successful as could be expected under the circumstances. 

 There was no act of apparent injustice or cruelty which could not be paralleled by 

 a similar act about the same time in the British Isles, not to speak of France. 



(4) Shortt and Doughty ut supra pp. 75, 85, 86. 



(5) I have written a somewhat exhaustive note on the powers and functions 

 of the Board of Trade (which may some day see the light); but since writing it, 

 I have seen a sufficiently extensive, a very well-written and accurate account in Dr. 

 Dickerson's American Colonial Government, Cleveland, The Arthur H. Clark 

 Company 1912, which may be consulted with confidence by those interested. 



(6) Shortt and Doughty ut supra p. 94. 



(7) Shortt and Doughty, p. Ill, Report of Aug. 5, 1763. 



(8) Shortt and Doughty, p. 113, Halifax to Board of Trade, Sept. 19, 1763. 



(9) Shortt and Doughty, p. 108. 



(10) Shortt and Doughty, p. 114, Sir Charles Wyndham, Second Earl of 

 Egremont, had died suddenly, Aug. 21, 1763, and had been temporarily succeeded 

 by the Earl of Halifax as Secretary of State. 



(11) Shortt and Doughty ut supra p. 116. 



(12) This may not be literally accurate but it is substantially correct and is at 

 all events near enough for our present purpose. The boundaries of the Government 

 of Quebec are given in Shortt and Doughty ut supra p. 120. 



(13) Shortt and Doughty ut supra p. 120. 



(14) Shorty and Doughty ut supra pp. 127, 128. 



(15) Shortt and Doughty ut supra pp. 133, 135. 



(16) Shortt and Doughty ut supra, pp. 136, 137. 



(17) I have written a note of some length on this subject; but sufficient will 

 be found in Dr. Dickerson's Work mentioned in note (5). I give but one instance — 

 in 1735 a serious clash occurred between the Council and the Assembly of South 

 Carolina over the right of the Assembly to control money bills. The Council 

 amended a money bill by adding an item and insisted that they would not pass the 

 bill without this item. 



The Assembly passed the following Resolution, February 8, 1735: 



''Resolved, That His Majesty's Subjects in this Province are entitled to all 

 the Libertys and Privileges of Englishmen, 



"Resolved, That the Commons House of Assembly in this Province, by the 

 Laws and Statutes of Great Britain made of force in this Province, and by the Acts 

 of Assembly in this Province, and by Ancient Custom and Usage have the same 

 Rights, Powers and Privileges in regard to introducing and passing Laws for the 

 imposing of Taxes on the People of this Province as the House of Commons of 

 Great Britain have in introducing and passing Laws on the People of England. 



''Resolved, That after the Estimate is closed and added to any Tax Bill, that 

 no additions can or ought to be made thereto, by any other Estate or Power whatso- 

 ever, but by and in the Commons House of Assembly." 



Sec. I 8: II, Sig. 8 



