122 THE ROYAL SOCIETY OF CANADA 



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 union 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 ex- 

 amined 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 Governor and 

 Council without Assembly, and the British Constitution was ignored. 



CHAPTER III. 



Under the Quebec Act — 1774-1791. 



Whatever the theories of the American Colonies and their Suc- 

 cessors, the United States, there can be no doubt (for a British Subject) 

 that the Imperial Parhament had the power to legislate for Canada; 

 the King being a part of Parliament, Parliament could take out of his 

 hands any part of the government of the Colony. 



The British Government took considerable pains with the pro- 

 posed legislation — the fourth draft was made before it was decided to 

 lay the matter before Parliament (1) — in none of these was it proposed 

 to retain the provision for an Assembly. The Act as finally passed 

 (1774, 14 George III c. 83. Imp.) provided. Sec. 12, for the appointment 

 by the King by warrant under the Signet or Sign Manual with the 

 advice of the Privy Council of a "Council for the Affairs of the Province 

 of Quebec to consist of . . persons resident there not exceeding 

 twenty-three nor less than seventeen . . . which Council 

 or the major part thereof shall have power and authority 

 to make Ordinances for the peace, welfare and good government of the 

 said Province with the Consent of "the Governor. This Act is 

 generally known as "the Quebec Act" (2). 



It is obvious that a change was made in the manner of appointing 

 Members of the Council — from 1764 on, the Members were either 

 (1) ex officio or (2) appointed under Mandamus of the King (both of 

 these classes being selected by the Home Administration or (3) 

 appointed by the Governor: now, all must be appointed by the 

 Home Administration by Warrant. 



Sir Guy Carleton being appointed "Captain General and Governor 

 in Chief in and over Our Province of Quebec in America and all Our 

 Territories thereunto belonging," his Instructions dated January 3, 

 1775, contained the names of the twenty-two persons appointed 



