Journal and Proceedings

OF THE

LEGISLATIVE COUNCIL

OF THE

Province of Upper Canada

1793.

Newark, Friday, 31st May, 1793.

The Legislative Council being prorogued to this day met accordingly. Present:-William Osgoode, Peter Russell, Alexander Grant, Richard Cartwright, James Baby, and Robert Hamilton.

His Excellency the Lieutenant-Governor came to the Council chamber at one o'clock.

The Clerk of the Legislative Council was then sent with a message to the House of Assembly, informing them of His Excellency's being come, and requiring the Members of that House to give their attendance at the Council chamber.

Which they did accordingly, and both Houses were then addressed by His Excellency in the following speech, to wit:

Honourable Gentlemen of the Legislative Council and Gentlemen of the House of Assembly: The persons who at present exercise the superior authority in France, having declared war against His Majesty, I think it proper to recommend to your early attention the new modelling of a militia Bill, which the more urgent business of the last session prevented you from accomplishing.

I have the firmest reliance that it will be framed in a manner suitable to the principles of the British Constitution, so as to unite the interest and convenience of individuals with an establishment necessary to the public protection.

It is with great satisfaction that I am able to communicate to you that the insidious attempts of those who envy the prosperity of the British nation, or are avowedly disaffected to the principles of its constitution, have been completely counteracted and defeated by the wisdom of His Majesty's Council, and by the affectionate attachment and spirited resolves of all ranks and descriptions of His Majesty's subjects; and it is manifest that upon this important occasion, Britons have acted with that unanimity and loyalty which might be expected from men who know how to estimate the vain assumptions of innovators, and from the virtue, the wisdom, the struggles and experience of their ancestors inherit those civil and religious blessings which are derived under a free constitution; equally abhorrent of absolute monarchy, arbitrary aristocracy or tyrannical democracy.

The principles on which those who exercise authority over the French nation support the war which they have so unjustly begun against His Majesty's allies, cannot fail to call to your recollection how often it has been necessary for Great Britain to stand forth as the protector of the liberties of mankind; and we may

entertain a pious confidence, that under the guidance of the Almighty Giver of all victory His Majesty's armies directed to the security of his allies will ultimately be crowned with success; and that it will be the felicity of the British Empire to maintain the independency of Europe against all modern aggressions, upon the equitable principles which our ancestors so wisely contributed to establish.

I am happy to congratulate you on the success which has attended His Majesty's armies, in the protection of his allies in the East Indies, and I am sure you will readily concur in the observation that a war which has been carried on with consummate vigour and ability under the conduct of Marquis Cornwallis, so prosperous and decisive in its events, should be terminated with such justice and moderation is a fresh proof to the universe of that magnanimity which has so long characterized the British nation.

Honourable Gentlemen and Gentlemen: I have to recommend to you to proceed in that laudable course of unanimity with which you have begun your legislative functions, and to continue in all your consultations to advance the interests and happiness of this colony, by making those provisions for the due support of public justice, for the encouragement of morality and the punishment of crimes, which are so necessary to the existence of society.

In all these measures that may promote the real welfare of His Majesty's subjects in this Province, and which may tend to the most intimate union with every part of the British Empire, you cannot fail of meeting with His Majesty's paternal and beneficent approbation; and you may always be assured that my best endeavours will be exerted to forward the public prosperity; not only from the duty which I owe to the King, but from the most sincere attachment which I bear to the inhabitants of this Province.

His Excellency then retired, immediately after which the House was reassembled.

The speech of His Excellency was then read.

Mr. Baby moved that an humble address be made to His Excellency in answer to his speech. Mr. Russell seconded the motion. Ordered that Mr. Baby and Mr. Russell be a committee to draw up the said address, and that they make a report thereof to-morrow.

The House adjourned until to-morrow at twelve o'clock.

Saturday, 1st June, 1793.

The House met pursuant to adjournment. Prayers were read by the Rev. Mr. Stewart.

James Clark, Esquire, produced and read a Commission from His Excellency the Lieutenant-Governor, giving him the appointment of Clerk to the Legislative Council.

The Order of the Day being read. Mr. Russell informed the House that an address to His Excellency had been prepared according to order, which he produced, and the same, being read, was ordered to be taken into consideration in Committee of the whole House.

House in Committee. Mr. Grant in the Chair.

The speaker resumed the Chair.

The Chairman reported that the Committee had considered the said speech, and that they had approved thereof. Which report was accepted.

On question put, it was ordered that Mr. Russell and Mr. Baby do wait on His

Excellency to know when it will be his pleasure to receive this House with their address, and that they report the same on Monday next.

The House adjourned until Monday next at twelve o'clock.

Monday, 3rd June, 1793.

The House met pursuant to adjournment. Prayers were read by the Rev. Mr. Stewart.

The Order of the Day being read, the Members appointed to wait upon His Excellency reported:

That His Excellency would receive their address at half an hour past twelve o'clock this day. Accordingly, the Speaker by order, having signed the address, at half an hour past twelve o'clock,

The Speaker of the Legislative Council, attended by the Members, waited on His Excellency with their address, and is as follows, to wit:

To His Excellency, John Graves Simcoe, Esq., Lieutenant-Governor of the Province of Upper Canada, and Commander-in-Chief of His Majesty's forces within the same, etc.

We, His Majesty's most dutiful and loyal subjects, the Legislative Council of the Province of Upper Canada, in Legislature assembled, beg leave to return our humble thanks for Your Excellency's speech.

Although in the course of our deliberations the expediency of new modelling a militia Bill, suited to the condition of the Province, was manifest; yet your Excellency's recommendation on account of the war which has been declared against His Majesty, by the persons who at present exercise the supreme authority in France, will direct our immediate attention to that subject.

It is with peculiar satisfaction we hear of the beneficial effects resulting from the wisdom of His Majesty's Councils and the spirited resolves of our fellow subjects when exerted in defence of our established form of government; a system which having been tempered by frequent struggles, and cleared from the hurtful extremes of the powers that composed it, has by long experience been found to confer every civil advantage that human policy can bestow; and, therefore, will be able to withstand the insidious attempts, as well as the open attacks, of those unsettled projectors, who, having perplexed themselves, are desirous of disturbing the nations of the earth with their wild and visionary innovations.

When we call to mind how often it has been necessary for Great Britain to stand forth for the protection of her allies against the inroads of ambitious potentates, we trust that the same assistance will be equally efficacious when extended to repel the unprovoked aggressions of a misguided people.

We receive with due sensibility Your Excellency's congratulations on the success of His Majesty's armies in the East Indies, and do joyfully concur in the observation that a war, which has been so prosperously conducted by the vigour and ability of the Marquis Cornwallis, should be terminated with such justice and moderation, is a fresh proof to the universe of that magnanimity which has so long characterized the British nation.

As the tendency of the measures of the different branches of the Legislature can only be directed towards the attainment of the public good, so we hope there will be no great diversity of opinion on the means to be adopted for procuring that desirable end; and we are ready to admit as fixed principles those salutary provisions suggested by your Excellency for the support of public justice, for the encouragement of morality, and the punishment of crimes.

The duty and allegiance we owe to His Majesty, and the interest we have in the general prosperity of all British subjects, would induce us to cultivate the most intimate union with every part of the British Empire. But when we recollect the many instances we have received of the Royal bounty, we confess that we are engaged by more than common ties to endeavor to merit His Majesty's paternal approbation. And from the experience we have had of Your Excellency's personal exertions in a rigorous season, unmindful of inconvenience and fatigue, to extend your views and acquire local knowledge of parts almost unexplored, we have manifest proof that Your Excellency's regard to the public prosperity does not rest in professions merely; and from your liberal patronage of every useful institution we have a positive pledge of Your Excellency's attachment to the particular welfare of this Province.

His Excellency was pleased to give the following reply thereto :

Honourable Gentlemen: Your approbation of my endeavours to be of service to the country cannot fail to give me the greatest pleasure; and you may be certain in all situations of my unremitting exertions for the welfare and prosperity of the Province.

The Members having returned to the Council chamber and the Chair reassumed, Mr. Cartwright moved for leave to bring in "a Bill to confirm and make valid certain marriages heretofore contracted in the country, now comprised within the Province of Upper Canada, and to provide for the future solemnization of marriages within the same."

Ordered that Mr. Cartwright have leave to bring in the said Bill, and on motion made and seconded, it was ordered that the same be read the first time on Monday next.

The House adjourned until Wednesday next, at twelve o'clock.

Wednesday, 5th June, 1793.

The House met pursuant to adjournment.

Mr. Russell gave notice, that on Friday next he should bring in "a Bill to establish a court of Probate within this Province, and also a Surrogate court in every District thereof."

On motion made, and seconded, ordered that Mr. Russell have leave to bring in the said Bill, and that the same be read for the first time on Friday next.

The Order of the Day being read: Was read the first time "a Bill to confirm and make valid certain marriages heretofore contracted in the country, now comprised within the Province of Upper Canada, and to provide for the future solemnization of marriage within the same." and ordered for a second reading on Friday next.

The House adjourned until Friday next at twelve o'clock.

Friday, 7th June, 1793.

The House met pursuant to adjournment.

Mr. Cartwright gave notice that on Monday next he should bring in "a Bill to enable His Majesty's court of Common Pleas established in and for any District of this Province to compel the attendance of witnesses resident in any other District or Districts thereof."

On motion made and seconded, ordered that Mr. Cartwright have leave to bring in the said Bill, and that the same be read for the first time on Monday next. The Order of the day being read: Was read a second time "a Bill to confirm and make good certain marriages heretofore contracted in the country, now comprised within the Province of Upper Canada, and to provide for the future solemnization of marriages within the same."

On motion made and seconded, ordered that the whole House do resolve itself into a Committee on Monday next, to take the said Bill into consideration. Was read the first time, "a Bill to establish a court of Probate within this Province, and also a Surrogate court in every District thereof," and ordered for a second reading on Monday next.

The House adjourned until Monday next at eleven o'clock.

Monday, 10th June, 1798.

The House met pursuant to adjournment.

a Bill

The Order of the Day being read: Was read the first time to enable His Majesty's court of Common Pleas, in and for any District of this Province, to compel the attendance of witnesses resident in any other District or Districts thereof," and appointed for a second reading to-morrow.

Read a second time, "a Bill to establish a court of Probate in this Province,

and also a Surrogate court in every District thereof."

The House then resolved itself into a Committee upon "a Bill to confirm and make valid certain marriages heretofore contracted in the country, now comprised within the Province of Upper Canada, and to provide for the future solemnization of marriages within the same," Mr. Russell in the Chair.

Mr. Speaker resumed the Chair.

The Chairman reported that the Committee had made a progress, and requested leave to sit again on the said Bill. Which Report was accepted, and leave granted to sit again to-morrow.

The House adjourned until to-morrow morning at eleven o'clock.

Tuesday, 11th June, 1793.

The House met pursuant to adjournment.

The Order of the Day being read, on motion made and seconded was read the second time "a Bill to enable His Majesty's court of Common Pleas in and for any District within this Province to compel the attendance of witnesses resident in any other District or Districts thereof." Which said Bill was ordered to be engrossed and read the third time on Thursday next.

The House resolved itself into a Committee to make further researches into "a Bill to confirm and make valid certain marriages heretofore contracted in the country now comprised within the Province of Upper Canada, and to provide for the future solemnization of marriages within the same." Mr. Russell in the Chair.

The Speaker resumed the Chair.

The Chairman reported that the Committee had made further progress in the said Bill, and requested leave to sit again. Which Report was accepted and leave granted.