favourable comparison between their own situation and hat of their neighbours, among whom no such distinctions were known. Even whilst he felt himself perfectly desious of establishing a permanent provision for the clergy, e could not think of making for them a provision so considerable as was unknown in any country of Europe, where the species of religion to be provided for prevailed. It was upon these grounds which he had stated, that he felt himself justified in seconding the motion of his honourable friend (Mr. Hussey).

Mr. Chancellor Pitt said that, although he did not feel aimself inclined to oppose the motion, he could not avoid expressing his regret, that the clauses which were objected against had not attracted the attention of gentlemen on an earlier day at any rate, it was not owing to any fault of his that the bill had not been fully discussed in the former stages of it; but considering it, as he did, to be of very great importance to form a system for the government of a colony, which, both in point of duty and interest they were bound to do, he professed himself to be extremely anxious to court all opportunity of receiving every species of observation and information which could be obtained upon the subject; and therefore he acquiesced in the re-commitment of the bill. As to the first objection of the right honourable gentleman against the manner of forming the Assemblies, he must confess it was certainly his wish, that 、e Assemblies in both provinces might prove numerous Jough to answer all the purposes of a popular assembly, s far as the circumstances of the two provinces were properly qualified for that situation. But he doubted very much, according to the present state of the colony, and the population in that province, whether the Assemblies could be rendered more numerous than was proposed. The House would however have the goodness to consider, that there was not the smallest idea that the Assemblies should not be increased, when the population of the province

increased. The Assemblies, undoubtedly, ought to be extended with the growing population of Canada. He believed that a very numerous representative body was in no respect desirable; and they ought always to bear some proportion to the circumstances of the country. With regard to the duration of the Assemblies, a House of Assembly for seven years would surely prove better than for a shorter period. In the other colonies, the Council and Assembly were constituted in such a manner, as to invest the governor with more influence than would be given to him by the present bill. If the Assembly was not properly constituted at first, it must be recollected that it was subject to revision, and that it might easily afterwards be altered. There was nothing to hinder the parliament of Great Britain from correcting any point which might hereafter appear to want correction. As to the Legislative Council, he totally and entirely differed from the right honourable gentleman, who thought it would be better if it were to be an elective council, in the manner which had been lately established in America. He did not think it was the business of that House to discuss what was the best constitution of government for France, for America, or for any foreign country: and this had been a reason why he had always declined making any remarks concerning the affairs of France. Whether France had chosen well for itself, or whether America had chosen well for itself, he had no difficulty in declaring that the English constitution which we had chosen was in its principle the best for us; better than any of those republican principles. He said he did not mean to use the word republican as an obnoxious term, but none of those republican principles which the right honourable gentleman had described as the consequence of a greater extension of learning and light, and which, he said, shone in the constitution of France and America, could improve the constitution of Britain. They did not appear to be such as, if adopted by us or any of

our colonies, would be any improvement of our constitution, but the reverse, An aristocratical principle being one part of our mixed government, he thought it proper there should be such a council in Canada as was provided for by the bill, and which might answer to that part of the British constitution which composed the other House of Parliament. With respect to the Protestant clergy, he wished to make an adequate provision for them, so that they might be supported in as respectable a situation as possible. The giving them a certain portion of land was the most eligible mode of supporting the clergy which had occurred to his mind; and as to the proportion of oneseventh, whether it was or was not too much, if it turned out to be too much in future, the state of the land appropriated to the clergy, like every thing else provided by the bill, was subject to revision. At present he imagined that no man could think that one-seventh part was unreasonable: and it was to be recollected that one-seventh had almost grown into an established custom where land had been given in commutation for tithes. One-tenth of the produce which took place in England must be confessed to be far greater provision than one-seventh of land. As to the division of the province, it was in a great measure the fundamental part of the bill; and he had no scruple to declare, that he considered it as the most material and essential part of it. He agreed with the right honourable gentleman in thinking it extremely desirable that the inhabitants of Canada should be united, and led universally to prefer the English constitution and the English laws. Dividing the province he considered to be the most likely means to effect this purpose, since by so doing, the French subjects would be sensible that the British government had no intention of forcing the English laws upon them, and therefore they would, with more facility, look at the operation and effect of those laws, compare them with the operation and effect of their own, and probably in time adopt

them from conviction. This he thought was more likely to prove the case, than if the British government were all at once to subject the whole inhabitants to the constitution and laws of this country. Experience would teach them that the English laws were best; and he admitted that they ought to be governed to their satisfaction. If the province had not been divided, there would have been only one House of Assembly; and there being two parties, if those parties had been equal, or nearly equal, in the Assembly, it would have been the source of perpetual faction: if one of the parties had been much stronger than the other, the other might justly have complained that they were oppressed. It was on that persuasion that the division of the province was conceived to be the most likely way of attaining every desirable end. The bill re-committed.

Friday, 6th May.

The House resolved itself into a Committee on the Quebec Bill, Mr. Hobart in the chair.

When the chairman put the question, that the clauses of the bill be read paragraph by paragraph,

Mr. Burke said, it might be a question whether the chairman should be directed to leave the chair, or whether the bill should be debated clause by clause. He should therefore speak to the general principle. The House, by the bill, was going to do a high and important act; to appoint a legislature for a distant people, and to affirm a legal authority in itself to exercise this high power. The first consideration, then, was, the competency or incompetency of the House to do such an act; for if it was not competent, the beneficence of the intention, or the goodness of the constitution they were about to give, would avail nothing. A body of rights, commonly called the rights of man, imported from a neighbouring country, was lately set up by some persons in this, as paramount to all other ights. This new code was, "That all men are by nature

free, equal in respect of rights, and continue so in society." If this code were admitted, then the power of the House could extend no further than to call together all the inhabitants of Canada, and recommend to them the free choice of a constitution for themselves. On what then was this House to found its competence? There was another code, on which men of all ages had acted, viz. the law of nations; and on this code he thought the competence of the House must rest. This country had acquired the power of legislating for Canada, by right of conquest; and in virtue of that right, all the rights and duties of the old government had devolved on us. In the second place, came the right by the cession of the old government; and in the third, the right of possession, which we had held for about thirty years. All these, according to the law of nations, enabled us to legislate for the people of Canada, bound us to afford them an equitable government, and them to allegiance. Setting aside, then, the doctrine of the rights of man, which was never preached any where without mischief, the House was bound to give to the people of Canada the best government that their local situation, and their connexion with this country, would admit. How was this to be done? He could not refer to the experience of old governments, for that was exploded by the academies of Paris, and the clubs of London; who saw too much by the light of their new lantern, to have recourse to any other. The great examples to be considered were the constitutions of America, of France, and of Great Britain. To that of America great attention, no doubt, was due, because it was of importance, that the people of Canada should have nothing to envy in the constitution of a country so near to their own. Situation and circumstances were first to be considered :--non michi res sed rebus me submittere conor. They were not to imitate the examples of countries that had disregarded circumstances, torn asunder the bonds of society, and even