orpus_ Act was already
law by an ordinance of the province, and was to be continued as a
fundamental principle of the Constitution.

"It was further meant to make a provision for a Protestant clergy in
both divisions, by an allotment of lands in proportion to those already
granted.

"The tenures were to be settled in Lower Canada by the local
Legislature. In Upper Canada, the settlers being chiefly British, the
tenures were to be soccage tenures.

"To prevent any such dispute as that which separated the thirteen
colonies from the mother country, it was provided that the British
Parliament should impose no taxes but such as might be necessary for the
regulation of trade and commerce; and to guard against the abuse of this
power, such taxes were to be levied and disposed of by the Legislature
of each division."

The Bill was opposed in the House of Commons by Mr. Fox and others, upon
the grounds that it created two provinces and two Legislatures, and made
the members of the Legislative Councils nominees of the Crown for life,
instead of leaving their election to the people; but the Bill was
supported by Edmund Burke, who, with Fox, had voted side by side against
the Quebec Act of 1774, but who opposed each other on the Canada Bill of
1791.[154]

Mr. Pitt, in reply to the objection of Mr. Fox and others, stated among
other things, "That the population of _Upper Canada_ amounted to only
10,000 inhabitants, and that of _Lower Canada_ to not more than
100,000."[155]

With such preparation and explanations the Bill passed both Houses of
Parliament and received the royal assent, conferring on Canada a new
Constitution.

This Act separated the province of Quebec into two provinces, _Upper_
and _Lower Canada_, the division line between which was the River
Ottawa.

For each province a Legislature was established consisting of a
_Governor_, a _Legislative Council_ and _House of Assembly_--in
imitation of the Constitution of England; for the Governor was to
represent the Sovereign, the Legislative Council the House of Lords, and
the Assembly the House of Commons.

The members of the Legislative Council were to be discreet persons,
appointed by Royal authority for life; the members of the Assemblies
were to be chosen by the people, once in four years, unless oftener
called upon, by dissolution, to elect new members.

The Act was to come in force not later than the 31st of December, 1791;
and the date of meeting of the