least interruption of their intimacy. But he could not help perceiving that his right honourable friend now displayed something more than a mere difference of opinion: he seemed to discover a secret wish and disposition essentially to injure him. Granting that he had been indiscreet and warm in the terms of his opinion of the French revolution, surely this does not deserve the severe and pointed epithets which had been heaped upon him that day.

Mr. Burke said, loud enough to be heard, that he did not recollect his having used any such epithets.

If, said Mr. Fox (with great presence of mind, and an happy application of this circumstance) my right honourable friend does not recollect the epithets, neither do 1; if they are out of his mind, they are also out of mine. After this animated parenthesis, he proceeded to illustrate the argument into which he had formerly entered, that the soundest political principles, and those which had formerly been held and recommended by Mr. Burke himself justified the resistance of the French to their former government. This rejoinder of Mr. Fox, though introduced with great tenderness and affection, in its progress assumed an air of great sarcastic severity: though this indeed unavoidably arose out of a comprehensive view and strict amount of the various inconsistencies which he remarked in the conduct of his political preceptor; whose maxims Mr. Fox chose to follow, rather than his example. After enforcing in various ways all the different topics already mentioned, and some others of less

consequence, he said, towards the conclusion of his speech, that he could not help again observing, that he had been unjustly and unfairly treated. But he would not suffer this to step between him and his friend. It was his intention to keep out of the right honourable gentleman's way until time and reflection had altered his sentiments on the subject of their difference ; when he doubted not but their common friends would endeavour to re-unite them.

Mr. Burke rose again and commented on what had fallen from Mr. Fox. He had never, he said, affirmed that the English constitu- . tion might not, like every other constitution, be amended in some points. Though he had formerly thought that the influence of the crown of Britain ought to be reduced to a limited standard, it did not follow that the French were right in reducing that of France to nothing. He had been favourable to the Americans, because he supposed they were fighting, not in order to acquire absolute speculative liberty, but to keep what they had under the British constitution. He painted the follies, iniquities, cruelties, and horrors of the French republicans with his usual and splendid eloquence. On a subsequent occasion, when the subject was introduced, as it very often was, he said that he had been falsely accused of abusing republics, for the purpose of recommending monarchy. He affirmed that he had never abused any republic, ancient or modern. He did not consider France as a republic; no, it was an anomaly in government. He knew not by what name to call it, nor in what language to de

scribe it. It was a compound (reciting the verses from Milton) of the sublimely obscure and tremendous figure of Death, having the likeness of a kingly crown upon the seeming head, with the cry of hell-hounds, that bark without ceasing around the waist of Sin. It was a shapeless monster, born of hell and chaos!

Mr. Pitt called the attention of the House to the singular situation in which it stood with respect to the question before it; and having declared his own opinion to be that Mr. Burke had not been, even in the first instance, at all out of order, suggested the propriety of withdrawing the motion that had been made by Lord Sheffield; and it was withdrawn accordingly.

Mr. Pitt conceived that the constitution could be in no immediate danger; but professed, that if hereafter there should appear to be a more serious ground of apprehension, and that ground should be distinctly stated by Mr. Burke, he should be eager to give that gentleman his warmest and most effectual support. He thought Mr. Burke entitled to the gratitude of his country for having on that day, in so able and eloquent a manner, expressed his sense of the degree of danger which already existed; and assured him that he would himself most cordially co-operate with him in taking every possible means to preserve what he esteemed the most perfect constitution in the world, and to deliver it down to posterity as the best security for the prosperity, freedom, and happiness of the British people.

The consideration of the question before the House, which had been so often interrupted by political

disquisitions on the French revolution, and the personal allusions which these produced, was resumed at different times; and the Canadian bill, after undergoing several alterations, passed the House of Commons on the 18th of May. The principle of these alterations were, the increase of the number of the assembly in Lower Canada to fifty, instead of thirty, with which the blank was originally filled up; and the limitations of the assemblies to four years, instead of

seven.

In the House of Lords, the bill was animadverted on by the Lords Rawden, Stormont, and Loughborough. The chief objections made to it were, the division of the provinces, the hereditary nobility or members of the legislative council, and the dependent situation of the judges. The two first were made and answered on nearly the same grounds with those that had been debated in the lower House.

The bill was supported by Lord Grenville, who, to the objection that had been made, against the division of the province, that the lower might oppress the trade of the upper, by exorbitant duties on the commodities passing through its territory, answered, that Great Britain, in giving this constitution to Canada, did not part with the superintending power, which she exercised in the very act of modelling that constitution; but would certainly, if the lower province should pass any law oppressive on the upper, control that oppression, and remove the grievance. He feared that the law of Canada was not yet in a state of sufficient certainty or cultivation, to admit of the independency of the judges:

but

The act was at length passed, including the following provisions:

The appointment within each of the two separate provinces into which Canada was divided, of a legislative council and assembly; by whom, with the assent of his Majesty, or the Governor appointed by his Majesty, laws may be made for the government of each respective province :

A power in the governor authorised by his Majesty, to summon members to the legislative council: such council to consist of not fewer than seven in Upper Canada, and fifteen in Lower Canada: the seats of the counsellors to be for life:

A power to his Majesty to annex to hereditary titles of honour, the right of a seat in such council:

Besides the forfeiture of seats in the council, and extinguishment of hereditary honours by treason in England, hereditary seats in that council were declared forfeited during the life of the defaulter; and life-seats vacated, by an absence of four years from the province, without his Majesty's or the Governor's permission, or by taking an oath of allegiance to any foreign power.

The assembly in Upper Canada to consist of not fewer than sixteen; to be returned from certain districts or territories, into which the province was to be divided. The qualification of voters for dis

Certain descriptions of persons were disqualified from being elected or voting for a member of assembly, namely minors, ecclesiastics, or persons attainted of treason or felony.

The council and assembly to be called together once at least in every twelve months; and the continuance of the assemblies to be for four years, subject to dissolution or prorogation by the governors

The Governor may, in his Majesty's name, give to or withhold his assent from the bills passed by the assemblies and legislative councils ;-or he may reserve them for the signification of his Majesty's pleasure thereon. Bills assented to by the Governor, to be transmitted to his Majesty; who may, within the space of two years, annul such bill, by declaring his disallowance of them. The bills reserved for the signification of the King's pleasure, to have no force till his Majesty's assent is communicated.

The laws in force in the provinces at the time of the commencement of the act, not repealed or reversed by the act itself, to continue in force till repealed or reversed by the respective assemblies, with assent of his Majesty or the Governor, in manner above mentioned.

With respect to the ecclesiastical establishments of Canada, the provisions of the act of the 14th year of his present Majesty, and of his instructions to the Governor, by which the dues and tithes of the protestant

protestant inhabitants of any parish were reserved for the support of a protestant clergy, were continued by this act. And besides that fund

an allotment of lands was directed to be made out of the crown lands for the encouragement and support of a protestant clergy; and in future grants of land, a seventh part was directed to be appropriated for that purpose. Parsonages or rectories were to be erected by the Governor, by whom incumbents were to be presented, subject to the rights of institution, and to the ecclesiastical authority of the Bishop of Nova Scotia.

These provisions, with respect to the clergy and other religious and ecclesiastical matters, to be altera ble or repealable by the assemblies; but the acts varying or repealing them, were directed to be laid before the British parliament, previous to the receiving his majesty's assent; and such assent not to be given if parliament should address his Majesty to withhold it.

Future grants of land in Upper Canada, to be in free and common soccage, as in England: and the same in Lower Canada, where the grantor shall desire it. And in Upper Canada, the owners of lands formerly granted on provincial tenures, may, on surrender into his Majesty's hands, obtain fresh grants, to be holden by such soccage

tenure.

The act contained a provision, pursuant to the general declaration contained in the 18th of George the Third, chap. 12, with respect to the power of taxation of the colonies by the British parliament, that nothing in this act should prevent the parliament of Great Britain from establishing prohibitions, or impos

ing duties for the regulations of commerce or navigation, but with the proviso that the produce of such duties should be applied to the use of the respective provinces, in such manner as the laws of their own legislature should direct.

The commencement of the act was in the discretion of his majesty in council; but the time for calling the legislative council and assembly was directed not to be later than the 31st of December, 1792; and till that period, temporary laws and ordinances were allowed to be made by the Governor and the executive council, formerly established by the Quebec act, made in the fourteenth year of his majesty's reign.

It would be difficult to conceive any deliberations in which a legislature could be engaged of greater dignity and importance than such as relate to the form of a constitu tion and government for a country of vast extent, and considerably advanced in population and the arts of civilized life. The British legislature, on this occasion, conducted itself with a degree of equity wisdom and foresight, suitable to the occasion. They extended to Canada the constitution of Great Britain, subject to those improvements and modifications which future circumstances might show to be necessary or expedient, but which the nature of its legislative power might prevent from being incon siderately and rashly adopted. They gave to this province the inde pendence necessary to the freedom and welfare of its inhabitants; but preserved that degree of connexion with Britain which is conducive to the safety and the prosperity of the whole united empire.

СНАР.

ON

N the 20th of May, Mr. Fox, agreeably to previous notice, made a motion for a grand committee of the courts of justice, to enquire into some late decisions of the courts, in cases of libels. Mr. Fox contended, that where any special matter of law is pleaded, the judge and not the jury, is to decide but that, where a general issue is joined, the law is so implicated with the fact, that they cannot be separated and therefore that the jury must as in all other criminal processes, bring in a general verdict of Guilty, or Not Guilty. With these sentiments Mr. Pitt coincided. And, though the object of Mr. Fox's motion, through the opposition of Lord Thurlow and other lawyers, was not accomplished in the present session, a declaratory act, to quiet the public mind on this head, and to prevent the endless controversies to which doubts on the question give rise in the courts of justice, was carried through the House of Lords, and received the Royal sanction in the

next :* when also, in consequence of a motion made by Mr. Fox, in the present year 1791, and supported by that gentleman, Mr. Erskine, and others, for "leave to bring in a bill to explain the act of the 9th year of Queen Anne, relative to quo warrantos," a law was enacted, depriving the Attorney General, in right of the crown, and every other individual, in his own right, of a power to disturb the possessor of any franchise in a corpora tion, after having quietly exercised it for six years. The end of this law was, to secure the rights of election, and prevent vexatious prosecutions for political purposes.

A select committee of the House of Commons in 1786, gave in a report of the national revenue and expenditure at that time, together with an estimate or computation of what might be expected to be the annual amount of such a revenue and expenditure in future. riod might perhaps be thought ra ther too early for such a report when there was yet no opportunity

That pe

of