21. THE CONSTITUTIONAL ACT OF 1791.

=Source.=--Shortt and Doughty's _Documents_. (Cf. 16.)

II. ... whereas his Majesty has been pleased to signify by his

message to both Houses of Parliament, his royal intention to divide

his province of Quebec into two separate provinces, to be called

_The Province of Upper Canada_ and _The Province of Lower Canada_

... there shall be within each of the said provinces respectively a

Legislative Council and an Assembly....

III. ... it shall and may be lawful for his Majesty ... to

authorise and direct the Governor or Lieutenant-Governor ... to

summon to the said Legislative Council ... a sufficient number of

discreet and proper persons, being not fewer than seven to the

Legislative Council for the province of Upper Canada, and not fewer

than fifteen to the Legislative Council for the province of Lower

Canada....

XIV. ... for the purpose of electing the members of such Assemblies

respectively, it shall and may be lawful for his Majesty ... to

authorise the Governor or Lieutenant-Governor ... to issue a

proclamation dividing such province into districts or counties or

circles, and towns or townships, and appointing the limits thereof,

and declaring and appointing the number of representatives to be

chosen by each of such districts....

XVII. ... the whole number of members to be chosen in the province

of Upper Canada shall not be less than sixteen, ... in the province

of Lower Canada shall not be less than fifty.

XXVII. ... the said Legislative Council and Assembly, in each of

the said provinces, shall be called together once at the least in

every twelve calendar months, and ... every Assembly shall continue

for four years ... subject nevertheless to be sooner prorogued or

dissolved by the Governor....

XXX. ... whenever any bill which has been passed by the Legislative

Council and by the House of Assembly ... shall be presented, for

his Majesty's assent, to the Governor ... such Governor ...

is hereby authorised and required to declare, according to his

discretion, but subject nevertheless to the provisions contained

in this Act, and to such instructions as may from time to time be

given in that behalf by his Majesty ... that he assents to such

bill in his Majesty's name, or that he withholds his Majesty's

assent from such bill, or that he reserves such bill for the

signification of his Majesty's pleasure thereon.

XXXI. ... whenever any bill ... shall by such Governor ... have

been assented to in his Majesty's name, such Governor ... is hereby

required, by the first convenient opportunity, to transmit to one

of his Majesty's principal Secretaries of State an authentic copy

of such bill so assented to; ... it shall and may be lawful, at any

time within two years after such bill shall have been so received

... for his Majesty ... to declare his ... disallowance of such

bill....

XXXVI. ... it shall and may be lawful for his Majesty ... to

authorise the Governor ... to make, from and out of the lands of

the Crown within such provinces, such allotment and appropriation

of lands, for the support and maintenance of a Protestant clergy

within the same, as may bear a due proportion to the amount of

such lands within the same as have at any time been granted by or

under the authority of his Majesty; ... such lands so allotted and

appropriated shall be, as nearly as the circumstances and nature of

the case will admit, of the like quality as the lands in respect of

which the same are so allotted ... and shall be, as nearly as the

same can be estimated at the time of making such grant, equal in

value to the seventh part of the lands so granted.

XLIII. ... all lands which shall be hereafter granted within

the said province of Upper Canada shall be granted in free and

common soccage, in like manner as lands are now holden in free and

common soccage in that part of Great Britain called England; ...

in every case where lands shall be hereafter granted within the

said province of Lower Canada, and where the grantee thereof shall

desire the same to be granted in free and common soccage, the same

shall be so granted; but subject nevertheless to such alterations,

with respect to the nature and consequences of such tenure of free

and common soccage, as may be established by any law or laws which

may be made by his Majesty ... by and with the advice and consent

of the Legislative Council and Assembly of the province.

XLVI. ... nothing in this Act shall extend ... to prevent or affect

the execution of any law which hath been or shall at any time be

made by his Majesty ... and the Parliament of Great Britain, for

establishing regulations of prohibitions, or for imposing, levying

or collecting duties for the regulation of navigation, or for the

regulation of the commerce to be carried on between the said two

provinces or between either of the said provinces and any foreign

country or state, or for appointing and directing the payment of

drawbacks of such duties so imposed....

22. TO THE PACIFIC OVERLAND. THE FIRST CROSSING OF NORTH AMERICA

NORTH OF MEXICO (1793).

=Source.=--Sir A. Mackenzie's _Voyages_. (Cf. 20.)

Sunday, 21 July, 1793.... We landed, and found the ruins of

a village, in a situation calculated for defence. The place

itself was overgrown with weeds, and in the centre of the houses

there was a temple of the same form and construction as that

which I described at the large village. We were soon followed

by ten canoes, each of which contained from three to six men.

They informed us that we were expected at the village, where we

should see many of them. From their general deportment I was very

apprehensive that some hostile design was meditated against us, and

for the first time I acknowledged my apprehensions to my people. I

accordingly desired them to be very much upon their guard, and to

be prepared if any violence was offered to defend themselves to the

last.

We had no sooner landed than we took possession of a rock, where

there was not space for more than twice our number, and which

admitted of our defending ourselves with advantage, in case we

should be attacked. The people in the three first canoes were the

most troublesome, but, after doing their utmost to irritate us,

they went away. They were, however, no sooner gone than an hat, an

handkerchief and several other articles were missing. The rest of

our visitors continued their pressing invitations to accompany them

to their village, but finding our resolution to decline them was

not to be shaken, they about sunset relieved us from all further

importunities by their departure....

The natives having left us, we made a fire to warm ourselves, and

as for supper there was but little of that, for our whole daily

allowance did not amount to what was sufficient for a single meal.

The weather was clear throughout the day, which was succeeded by a

fine moonlight night. I directed the people to keep watch by two in

turn, and laid myself down in my cloak.

Monday, 22nd. This morning the weather was clear and pleasant;

nor had anything occurred to disturb us throughout the night. One

solitary Indian, indeed, came to us with about half a pound of

boiled seal's flesh and the head of a small salmon, for which he

asked an handkerchief, but afterwards accepted a few beads. As this

man came alone, I concluded that no general plan had been formed

among the natives to annoy us, but this opinion did not altogether

calm the apprehensions of my people....

Two canoes now arrived from the same quarter as the rest with

several men and our young Indian along with them. They brought a

very few small sea-otter skins out of season, with some pieces

of raw seal's flesh. The former were of no value, but hunger

compelled some of my people to take the latter at an extravagant

price. Mr. Mackay lighted a bit of touchwood with a burning-glass

in the cover of his tobacco-box, which so surprised the natives

that they exchanged the best of their otter-skins for it. The

young man was now very anxious to persuade our people to depart,

as the natives, he said, were as numerous as mosquitoes and of

very malignant character. This information produced some very

earnest remonstrances to me to hasten our departure, but, as I

was determined not to leave this place, except I was absolutely

compelled to it, till I had ascertained its situation,[3] these

solicitations were not repeated.

While I was taking a meridian, two canoes of a larger size and

well-manned appeared from the main South-West channel. They seemed

to be the forerunners of others who were coming to co-operate with

the people of the village ... and our young Indian, who understood

them, renewed his entreaties for our departure, as they would soon

come to shoot their arrows and hurl their spears at us. In relating

our danger, his agitation was so violent that he foamed at the

mouth.... The two canoes now approached the shore, and in a short

time five men with their families landed very quietly from them. My

instruments being exposed, they examined them with much apparent

admiration and astonishment....

I now mixed up some vermilion in melted grease, and inscribed in

large characters on the South-East face of the rock on which we

had slept last night this brief memorial: "Alexander Mackenzie

from Canada by land, the twenty-second of July, one thousand seven

hundred and ninety-three."

As I thought that we were too near the village, I consented to

leave the place, and accordingly proceeded North-East three miles,

when we landed on a point in a small cove, where we should not be

readily seen and could not be attacked except in our front.

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