Key Players Behind The Constitutional Act Of 1791

The Constitutional Act of 1791, also known as the Canada Act, was an act of the British Parliament that divided the Province of Quebec into Upper Canada (now southern Ontario) and Lower Canada (now southern Quebec). The Act was designed to harmonize the conflicting interests of French and English settlers by giving each province more control over its local affairs. It established a Legislative Council and a Legislative Assembly in each province, with the former being appointed by the Crown for life and the latter being elected by the people. The Act also granted colonial assemblies the right to levy taxes for local civil and legal administration, easing the burden on Britain's treasury.

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The British Parliament

The Constitutional Act of 1791, also known as the Canada Act, was an act of the British Parliament that came into effect on December 26, 1791, after receiving royal assent in June of the same year. The Act was a significant step towards Confederation, marking the first time that British parliamentary institutions were established in the region governed by the Quebec Act of 1774.

The primary purpose of the Constitutional Act, as stated by its author, William Wyndham Grenville, was to "'assimilate' the constitutions of the colonies to that of Britain". This involved four key objectives: firstly, to ensure that the subjects in British North America enjoyed the same rights and privileges as those in other British colonies; secondly, to empower colonial assemblies to levy taxes for local civil and legal administration, thereby reducing the financial burden on Britain's treasury; thirdly, to justify the division of the Province of Quebec into Upper Canada and Lower Canada, each with its own legislature and administration; and finally, to strengthen the bonds of political dependency by addressing the constitutional weaknesses of previous colonial governments.

The division of the Province of Quebec was intended to harmonise the conflicting interests of French and English speakers. Upper Canada, the western half, was largely unpopulated and received English law and institutions. Lower Canada, the eastern half, retained French civil law and institutions, including seigneurial land tenure and privileges for the Roman Catholic Church. The Act also established a Legislative Council and a Legislative Assembly in each province, with the Legislative Council appointed by the Crown for life and the Legislative Assembly elected by the people.

The Constitutional Act had significant consequences for Canadian politics. It granted more financial powers to appointed councils than to elected assemblies, creating political conflict and contributing to the rebellions of 1837-1838. Additionally, provisions relating to clergy endowments and the establishment of a landed aristocracy fuelled resentment and discontent, particularly among French Canadians and the Roman Catholic Church in Quebec.

Upper and Lower Canada

The Constitutional Act of 1791 was an act of the British Parliament that divided the Province of Quebec into Upper Canada and Lower Canada, with the goal of accommodating the influx of English-speaking Loyalist refugees after the American Revolution.

Upper Canada

Upper Canada, the western half of the former Province of Quebec, was largely unpopulated. It received English law and institutions, and was favoured for British settlement. Upper Canada was given a separate administration and constitution, which established a Legislative Council appointed by the Crown for life, and a Legislative Assembly elected by the people. The Act also granted more financial powers to the appointed councils than to the elected assemblies, creating political conflict and contributing to the rebellions of 1837-1838.

Lower Canada

Lower Canada, the eastern half, retained French civil law and institutions, including seigneurial land tenure and the privileges accorded to the Roman Catholic Church. The Custom of Paris continued to apply to civil matters, and women of property in Lower Canada could vote under the Act. However, this right was not always applied in practice, and was later revoked in 1849.

The Constitutional Act of 1791 was designed to harmonize the conflicting interests of French and English settlers by giving each colony greater control over its local affairs. However, the Act ultimately failed to establish a responsible government, and both English and French-speaking Canadians became discontent with the power dynamics between the two colonies.

Women's Suffrage

The Constitutional Act of 1791 was an act of the British Parliament that divided the Province of Quebec into Upper Canada (now Ontario) and Lower Canada (now Quebec), with each colony having its own administration. The Act was a significant step towards Confederation, but its imposition of rigid colonial structures also contributed to the rebellions of 1837-1838.

The Act is notable for its impact on women's suffrage, as it gave women who owned property in Lower Canada the right to vote, marking a high level of inclusion for the time. This right was not always respected in practice, but between 1791 and 1849, women voted in approximately 15 districts in Lower Canada. In 1849, a bill was passed that revoked women's suffrage in Lower Canada.

The broader women's suffrage movement emerged in the mid-19th century, with supporters employing various tactics such as lecturing, writing, marching, lobbying, and civil disobedience to advocate for women's voting rights. The first national women's suffrage organisations were established in 1869, and the demand for women's suffrage gained momentum in the 1840s, spurred by the broader movement for women's rights. Despite opposition, the movement achieved significant milestones, with Wyoming becoming the first state to grant women the right to vote in 1869, followed by other states and countries over the ensuing decades.

In Canada, women gained the right to vote in 1917, and in 1920, they achieved voting rights on the same basis as men, although universal adult suffrage was not attained until 1960. In the United States, the ratification of the 19th Amendment in 1920 granted women the right to vote nationally, following decades of activism and state-by-state campaigns. The struggle for women's suffrage extended beyond North America, with countries like the United Kingdom, Ireland, Turkey, Morocco, Bahrain, and Saudi Arabia enacting laws or amending their constitutions to enfranchise women in the 20th and 21st centuries.

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Colonial Assemblies

The Constitutional Act of 1791 was an act of the British Parliament, also known as the Canada Act. The Act divided the Province of Quebec into Upper Canada (now southern Ontario) and Lower Canada (now southern Quebec).

In the Thirteen Colonies, the colonial governor performed the task of electing the members of the council. The governor's council also functioned as the upper house of the colonial legislature. In most colonies, the council could introduce bills, pass resolutions, and consider and act upon petitions. In some colonies, the council acted primarily as a chamber of revision, reviewing and improving legislation. The council's multifaceted roles exposed it to criticism.

The Constitutional Act of 1791 gave colonial assemblies the right to levy taxes to pay for local civil and legal administration, thus easing the burden on Britain's treasury. The Act also established freeholder-elected legislative assemblies in Upper and Lower Canada, which led to a form of representative government in both colonies.

French and English Conflict

The Constitutional Act of 1791, also known as the Canada Act, was an act of the British Parliament that divided the Province of Quebec into Upper Canada and Lower Canada. The Act was designed to reconcile the conflicting interests of the French and English populations in the region.

The Province of Quebec, with a population of 145,000 French-speaking Canadiens, was split into two when the act took effect on 26 December 1791. The sparsely populated western half became Upper Canada (now southern Ontario), while the eastern half became Lower Canada (now southern Quebec). Upper Canada was subject to English law and institutions, whereas Lower Canada retained French civil law and institutions, including seigneurial land tenure and the privileges accorded to the Roman Catholic Church.

The Constitutional Act of 1791 was problematic for both English and French speakers. French Canadians and the Roman Catholic Church in Quebec felt threatened by Loyalist settlements and increased rights for Protestants. On the other hand, new English-speaking settlers felt that the French still held too much power. Despite these concerns, both groups preferred the Act and the institutions it created over the Quebec Act, which it replaced.

The Act had four primary goals, according to Grenville, its author:

• To ensure that British parliamentary institutions would continue to develop in the region covered by the Quebec Act of 1774.
• To guarantee the same rights and privileges that were enjoyed by other subjects in British North America.
• To justify the division of the Province of Quebec into separate colonies (Upper and Lower Canada) with their own provincial legislatures.
• To strengthen the bonds of political dependency by addressing the constitutional weaknesses of previous colonial governments, which included enhancing the governor's authority and prestige to make him a true representative of the Crown.

The Constitutional Act of 1791 was a significant step toward Confederation, but its rigid colonial structures also set the stage for rebellion in Upper and Lower Canada in 1837-1838. The Act failed to establish responsible government and granted more financial powers to the appointed councils than to the elected assemblies, creating political conflict. Additionally, the Act's special provisions, such as the appropriation of crown lands for the support of a Protestant clergy and the establishment of a landed aristocracy, had negative consequences for Canadian politics and fuelled the discontent that led to the rebellions.

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