[riddell] PRE-ASSEMBLY LEGISLATURES IN BRITISH CANADA 127 



I 



Shortt and Doughty, pp. 478, 479, 480, 481, 487, 488, 



(7) Shortt and Doughty, p. 420. 



(8) Peter Livius was apparently not English. He is said to have been the son 

 of a German and born at Lisbon. He came to America and was for some time a 

 Judge of the Court of Common Pleas in the Colony of New Hampshire; taking the 

 Loyalist side, he lost his position and went to England. Much to Carleton's disgust 

 he was sent put in 1777 as Chief Justice of Quebec to replace William Hey who 

 had been permitted to resign. Carleton said "He understands neither their laws, 

 manners, customs, nor their language." They never agreed; Livius in his position 

 as Councillor was a source of constant annoyance to Carleton who superseded him 

 (1778) in almost the last official act of his first term as Governor. Livius appealed 

 to the home authorities with success but never returned to Canada. He enjoyed his 

 salary, however, until the last: he was succeeded in 1786 by a much abler man, 

 William Smith. 



(9) See Shortt and Doughty, p. 476, note 2. 



(10) He succeeded Carleton June 27, 1778. 



(11) Shortt and Doughty, p. 476. 



(12) This was October 23, 1786; he became Lord Dorchester, August 21, 1786. 



(13) Shortt and Doughty, p. 552. 



(14) Shortt and Doughty, p. 586. 



"At a session of the Legislative Council, January 22, 1787, some sixteen citizens 

 presented a petition requesting permission to attend the debates of the Council 

 when Col. (Henry) Caldwell moved that any Member of the Council shall have 

 leave to introduce any Gentleman to hear the Debates at any time except when 

 the House is ordered to be cleared. This motion, however, was defeated by 10 to 8 

 all the French Members voting against it." 



(15) George Pownall. 



(16) Shortt and Doughty, p. 404. Chief Justice Smith's Report to Nepean 

 is pp. 569, 570, he says: "We had but one opinion with the exception of Messrs. 

 St. Ours and Delery two Canadian Gentlemen to whom all I said by their Inex- 

 perience in the English Language must have been entirely unintelligible." 



(17) As early as October 20th, 1789, we find Grenville writing to Dorchester 

 with the draft of a proposed Bill and pointing out that "the general object of this 

 plan is to assimilate the Constitution of the Province to that of Great Britain as 

 nearly as the difference arising from the manners of the People and from the present 

 Situation of the Province will admit." He asked for such observations upon the 

 proposed Bill as Dorchester's experience and local knowledge might suggest; and 

 meeting Dorchester's observations previously expressed to the formation of two 

 Provinces pointed out that whatever weight the objection might have under the 

 existing regime, it disappeared when "the resolution was taken of establishing a 

 Provincial Legislature . . . to be chosen in part by the People," for then "every 

 consideration of policy seemed to render it desirable that the great preponderance 

 possessed in the Upper Districts by the King's antient subjects and in the Lower 

 by the French Canadians should have their effect and operation in separate Legis- 

 latures." 



I subjoin here an extract from my paper already mentioned supra p. 121. 



"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. 



