reverfed by the act itself, to continue in force till repealed or reverfed by the refpective affemblies, with affent of his Majefty or the Governor, in manner above men. tioned.

With refpect to the ecclefiaftical eftablishments of Canada, the provifions of the act of the 11th year of his prefent Majefty, and of his inftructions to the Governor, by which the dues and tythes of the proteftant inhabitants of any parith were referved for the fupport of a proteftant clergy, were continued by this act. And befides that fund, an allotment of lands was directed to be made out of the crown lands, for the encouragement and fupport of a proteftant clergy; and in future grants of land, a feventh part was directed to be appropriated for that purpofe. Parfonages or rectories were to be erected by the Governor, by whom incumbents were to be prefented, fubject to the rights of inftitution, and to the ecclefiaftical authority of the Bishop of Nova Scotia.

Thefe provifions, with refpect to the clergy and other religious and ecclefiaftical matters, to be alterable or repealable by the affemblies; hut the acts varying or repealing them, were directed to be laid before the British parliament, previous to the receiving his Majefty's aflent; and fuch affent not to be given, if parliament fhould addrefs his Majefty to withhold it.

Future grants of land in Upper Canada, to be in free and common foccage, as in England: and the fame in Lower Canada, where the grantor fhall defire it. And in Upper Canada, the owners of lands, formerly granted on provincial teaures, may, on furrender into his

Majefty's hands, obtain fresh grants, to be holden by fuch foccagetenure.

The act contained a provifion, 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 eftablishing prohibitions, or impof-ing duties for the regulations of commerce or navigation, but with the provifo that the produce of fuch duties fhould be applied to the ufe of the refpective provinces, in fuch manner as the laws of their own legislature fhould direct.

The commencement of the act was in the difcretion of his Majefty in council; but the time for calling the legiflative council and affembly 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 eftablifhed by the Quebec act, made in the fourteenth year of his Majefty's reign.

It would be difficult to conceive any deliberations in which a legiflature could be engaged of greater dignity and importance than fuch as relate to the form of a conftitution and government for a country of vaft extent, and confiderably advanced in population and the arts of civilized life. The British legiflature, on this occafion, conducted itself with a degree of equity, wifdom, and forefight, fuitable to the occafion. They extended to Canada the conttitution of Great Britain, fubject to thofe improvements and modifications which fu

ture

ture circumstances might fhew to be neceffary or expedient, but which the nature of its legiflative power might prevent from being inconfiderately and rafhly adopted. They gave to this province the inde

pendence neceffary to the freedom and welfare of its inhabitants; but preferved that degree of connection with Britain which is conducive to the fafety and the profperity of the whole united empire.

ON

N the 20th of May, Mr. Fox, agrecably to previous notice, made a motion for a grand committee of the courts of juftice, to enquire into fome late decifions of the courts, in cafes of libels. Mr. Fox contended, that where any fpecial matter of law is pleaded, the judge, and not the jury, is to decide: but that, where a general iffue is joined, the law is fo implicated with the fact, that they cannot be feparated, and therefore that the jury muft, as in all other criminal proceffes, bring in a general verdict of Guiity, or Not Guilty. With these fentiments Mr. Pitt coincided. And, though the object of Mr. Fox's motion, through the oppofition of Lord Thurlow and other lawyers, was not accomplished in the prefent feffion, a declaratory act, to quiet the public mind on this head, and to prevent the endless controverfies to which doubts on the question give rife in the courts of juftice, was carried through the Houfe of Lords, and received the Royal fanction in the

next*: when alfo, in confequence of a motion made by Mr. Fox, in the present year 1791, and fup. ported by that gentleman, Mr. Erfkine, 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 difturb the poffeflor of any franchife in a corpora tion, after having quietly exercifed it for fix years. The end of this law was, to fecure the rights of election, and prevent vexatious profecutions for political purposes.

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

of

of ftating the average produce of faxes lately impofed, and when the expenditure was clogged with arrears ftill remaining due, of the very heavy expences of the American war. But it was neceffary at that juncture to have fuch a document laid before parliamerit, when the plan for applying a million annually towards the extinction of the national debt, was brought under their confideration. Now when, at the distance of five years from the enquiries of that firft committee, the effects of both the new taxes impofed, and of the regulations for the more faithful collection of the old could be better afcertained, it feemed a very expedient measure to have the report of a new committee of the

Annual Income

prefent parliament, on the fame fubject of the public income and expenditure. A motion was therefore made for the appointment of fuch a committee, by the Chancellor of the Exchequer, on Friday the 8th of April," who fhould confider and report the amount of the public income and expenditure during the laft five years; and that the fame committee be alfo directed to enquire what the public revenue and expenditure might be expected to be in future; and what alteration had taken place in the amount of the national debt, fince the fifth of January 1786." The refult of the compariton made by this committee, between the annual income and expenditure, was as follows:

This report being referred to by the Chancellor of the Exchequer, in his account of the state of the finances, on Wednesday the 18th of May, became a fubject of difcuffion in the Houfe of Com

mons.

L.16,030,285

15,969,173 61,107

future expence in the fum of 949,997.

To this remark it was briefly replied, that the increase of the expenditure beyond the computation of the finance committee in 1786, arofe chiefly from incidental charges, which that committee could not forefee, and which, in fact, made not any part of the permanent expence of the nation.

This fubject was again brought forward, and more fully difcuffed in a committee of the whole Houfe on the 3d of June, when Mr. Sheridan moved no less than forty refolutions; the principal purport of which was, Firft, To prove the miftake in the report of the committee of 1786, and to place it in a strong

light.