PRINTED BY C. H. PARMELEE, PRINTER TO THE KING'S MOST

SERIES OF CONSTITUTIONAL DOCUMENTS PUBLISHED
BY THE CANADIAN ARCHIVES

1. Documents relating to the Constitutional History of Canada, 1759-1791, edited by Shortt and Doughty.

English edition published in 1907, OUT OF PRINT.

French edition published in 1907, OUT OF PRINT.

2. Documents relating to the Constitutional History of Canada, 1791-1818, edited by A. G. Doughty and Duncan A. McArthur. Published 1914.

3. Documents relating to the Constitutional History of Canada, 1818-1841, in preparation.

Order in Council dividing the Province of Quebec into the Provinces of Upper and Lower

Canada, August 24, 1791...

3

Commission to Lord Dorchester as Governor in Chief of Upper and Lower Canada,

September 12, 1791

5

Instructions to Lord Dorchester as Governor in Chief of Lower Canada, September 16,

1791.....

13

Instructions to Lord Dorchester as Governor in Chief of Upper Canada, September 16,

1791

33

Instructions relating to Trade and Navigation, September 16, 1791.

49

....

Commission to Alured Clarke as Lieutenant Governor of Lower Canada, September 12,

1791

54

Commission to John Graves Simcoe as Lieutenant Governor of Upper Canada, Septem-

ber 12, 1791

Proclamation fixing the day for the commencement of the new Constitution, November

18, 1791

55

Simcoe to Dundas, November 19, 1791...

Report of the Executive Council of Lower Canada respecting the Crown Lands, February

4, 1792

Proclamation respecting Crown Lands in the Province of Lower Canada, February 7,

1792...

60

Clarke to Dundas, April 28, 1792.

62

Opinion of the Solicitor General of Lower Canada on the Constitution of the Court of

Appeals, January 30, 1792

63

An ordinance regulating the causes in appeal to the Court of the Governor and Executive

Council, February 24, 1792

68

Dundas to Clarke, July 12, 1792.

70

Additional Instructions respecting the constitution of the Court of Appeals, Lower Canada,

July 12, 1792

71

Clarke to Dundas, July 2, 1792.

71

Proclamation dividing the Province of Lower Canada into districts and counties, May 7,

1792

Proclamation dividing the Province of Upper Canada into counties, July 16, 1792.

An Act introducing English Civil Law into Upper Canada, 32 Geo. III, c. I.

An Act establishing trial by jury in Upper Canada, 32 Geo. III, c. II..

An Act for the appointment of town officers, Upper Canada, 33 Geo. III, c. II.

An Act regulating local taxation and providing for the payment of members of the House

of Assembly, Upper Canada, 33 Geo. III, c. III.

Letters patent erecting the Provinces of Lower Canada and Upper Canada into a Bishop's

See, June 28, 1793

101

Extracts from the Rules and Regulations of the House of Assembly of Lower Canada..

Suggestions of Lord Dorchester on the Government of Canada..

Dundas to Dorchester, July 17, 1793...

Plan of a Bill for altering the courts of justice, Lower Canada.

Menk to Dundas, June 6, 1794..

111

118

Dissent of M. de Lanaudiere from the passing of the Judicature Bill, May 1, 1794.

The Judicature Act, Lower Canada, 34 Geo. III, c. VI..

121

125

An Act establishing a Court of King's Bench in Upper Canada, 34 Geo. III, c. II.

An Act establishing District Courts in Upper Canada, 34 Geo. III, c. III.

Proceedings of the Legislative Assembly, Lower Canada, on the question of privilege.

Journal of Assembly, November 27, 1793.

Right to originate legislation inflicting pecuniary penalties, Lower Canada.

Journal of Assembly, April 5, 1793..

Dorchester to Dundas, December 31, 1793..

166

166

167

168

Dorchester to Dundas, December 31, 1793.

Dundas to Dorchester, May 11, 1794.

170

171

Warrant for the appointment of honorary members of the Executive Council, June 30,

1794

172

iii

139362

Additional instructions relating to the Indian Department, December 15, 1796.

189

Opinion of Jonathan Sewell on the authority of the rectors, church wardens, and vestries

of the Church of England, June 10, 1795.....

189

Opinion of Attorney General Jonathan Sewell on the right to collect tithes, Oct. 1, 1795..

An Act respecting the eligibility of persons to be elected to the House of Assembly, Upper

Canada, 35 Geo. III, c. II..

191

194

Simcoe to Portland, December 21, 1794.

196

Simcoe to the Lieutenants of Counties.

198

Commission to Lieutenants of counties, Upper Canada, November 2, 1792..

Opinion of Sir William Grant on the right to collect tithes, January 8, 1796.

Constitution of Executive Council, Upper Canada.

An Act for the better preservation of His Majesty's Government, Lower Canada. 37 Geo.
III c. VI..........

Russell to Portland, November 19, 1797.

Portland to Russell, January 10, 1798.

Right of the Legislative Council to amend Bills imposing a Tax.

Journal of the House of Assembly, Lower Canada, May 5, 1798.

Legislative Council, Lower Canada, May 8, 1798.

House of Assembly, Lower Canada, May 9, 1798.

An Act for the division of Upper Canada into counties, 38 Geo. III, c. V

Documents relating to the entry of the Minutes of the Executive Council, Lower Canada.

Minutes of the Executive Council, September 20, 1798.

Delegation of the functions of the Lieutenant Governor of Upper Canada.

Minutes of the Executive Council, August 22, 1799.

"

Portland to Milnes, February 20, 1800...

(Enclosure) Portland to Duke of York, February 21, 1800.

242

242

Milnes to Portland, May 13, 1800....

Additional Instructions relating to the Indian Department, July 16, 1800.

Redistribution Act, Upper Canada, 40 Geo. III, c. III. .

244

244

245

Act for the further introduction of English Criminal Law into Upper Canada, July 4,

40 Geo. III, c. I

Report of the Attorney General on the protest of Chief Justice Osgoode.

Milnes to Portland, May 15, 1801....

264

(Enclosure) Report of a Committee of the Executive Council, Lower Canada, May

1, 1801

270

272

(Enclosure) Protest of Chief Justice Osgoode.

273

(Enclosure) Report of a Committee of the Executive Council, May 7, 1801.

(Enclosure) Report of the Attorney General, May 15, 1801...

Reference to the Attorney and Solicitor General respecting the Court of King's Bench of

Lower Canada, July 22, 1801....

282

Report of the Attorney and Solicitor General on the constitution of the Court of King's

Ben h, July 30, 1801

283

Ryland to Chief Justice Monk, September 3, 1801.

285

Proceedings relating to the expulsion of Charles Bouc from the House of Assembly, Lower

Canada-

An Act disqualifying Charles Bouc from being elected to the House of Assembly, Lower

Canada. April 5, 1802...

Plan of a Bill erecting a Court of Chancery in Upper Canada.

Observations on a Bill erecting a Court of Chancery in Upper Canada.

Order in Council respecting a Court of Chancery for Upper Canada, March 24, 1802....

Right of the Crown to nominate Public Officers-

Journal of the Legislative Assembly, April 20, 1804..

292

294

298

300

301

Report of a conversation between Attorney General Sewell and Monseigneur Plessis on

the relation between the Crown and the Roman Catholic Church, April 26, 1805.

Petitions from the Eastern Townships for Representation-

Minutes of the Executive Council, July 31, 1805...

Tenth Report of the Special Committee, July 26, 1805.

Report of the Attorney General of Lower Canada on the means of changing the basis of

representation

304

309

310

312

Proclamation conferring the Government of Lower Canada on Thomas Dunn, July 31,

1805

315

An Act respecting the trial of controverted Elections in Upper Canada, 45 Geo. III, c.

III.

316

Grant to Castlereagh, March 14, 1806..

318

Address of the Legislative Assembly to President Grant, March 1, 1806.

Reply of President Grant to the Address of the House of Assembly.

320

321

Opinion of the Attorney and Solicitor General of Upper Canada on the address of the
I egislative Assembly, May 12, 1807.....

Observations on the Government of Canada by John Black, October 9, 1806.

Proceedings relative to the Petition against the election of Justice Thorpe-

Journal of the Legislative Assembly, Upper Canada, February 9, 1807.

February 10, 1807.

An Act regulating the trial of controverted elections, Lower Canada, 48 Geo. III, c. 21.

Opinion of Sir John Nicholl on the powers of the Bishop of Quebec, April 23, 1808.

Privilege of the Legislative Assembly, Lower Canada-

Proceedings relative to the imprisonment of Joseph Wilcocks for contempt of the House

of Assembly, Upper Canada-

Journal of House of Assembly, February 18, 1808.

Observations relative to the Political state of Lower Canada by Mr. Ryland.

342

February 29, 1808.

March 8, 1808.

343

344

Report of the disadvantages arising from the election of Judges to the Legislative

Assembly, Lower Canada-

Journal of House of Assembly, May 10, 1809..

350

Proceedings relating to the expulsion of Ezekiel Hart from the House of Assembly, Lower

Canada-

Resolutions of the House of Assembly of Lower Canada respecting its privileges—

Jou nals of the House of Assembly, February 3, 1810..

Address of the House of Assembly of Lower Canada to the King.

Reply of Sir James Craig to the Address of the House of Assembly.

Bill for the appointment of a Provincial Agent for Lower Canada..

Proceedings relating to the expulsion of P. A. DeBonne from the House of Assembly,

Lower Canada-

366

to Sir James Craig...

367

367

369

Journals of House of Assembly, February 24, 1810..

Speech of Sir James Craig on proroguing Parliament.

370

371