Constitutional Act of 1791
Encyclopedia
The Constitutional Act of 1791, formally The Clergy Endowments (Canada) Act, 1791 (31 Geo. 3. c.31), is an Act
of the Parliament of Great Britain
. (Long title
: An Act to repeal certain Parts of an Act, passed in the fourteenth Year of his Majesty's Reign, intituled, An Act for making more effectual Provision for the Government of the Province of Quebec, in North America; and to make further Provision for the Government of the said Province.)
It reformed the government of the province of Quebec
to accommodate the 10,000 English-speaking settlers, known as the United Empire Loyalists
, who had arrived from the United States
following the American Revolution
. Quebec, with a population of 145,000 French speaking inhabitants, was divided in two when the Act took effect on December 26, 1791. The western half became Upper Canada
(now southern Ontario
) and the eastern half Lower Canada
(now southern Quebec). The names Upper and Lower Canada were given according to their location on the St. Lawrence River. Upper Canada received English law and institutions, while Lower Canada retained French law and institutions, including seigneurial
land tenure, and the privileges accorded to the Roman Catholic Church
. Representative governments were established in both colonies with the creation of a legislative assembly; Quebec had not previously had representative government. Along with each assembly there was also an appointed upper house, the Legislative Council, created for wealthy landowners; within the Legislative Council was the Executive Council, acting as a cabinet for the governor.
The Constitutional Act also tried to create an established church by creating clergy reserve
s, that is, grants of land reserved for the support of the Protestant
clergy
.
In practice, income from the rent or sale of these reserves, which constituted one-seventh of the territory of Upper and Lower Canada, went exclusively to the Church of England
and, from 1824 on, the Church of Scotland
. These reserves created many difficulties in later years, making economic development difficult and creating resentment against the Anglican church, the Family Compact
, and the Château Clique
. The act was problematic for both English speakers and French speakers; the French Canadians felt they might be overshadowed by English settlement and increased rights for Protestants, while the new English-speaking settlers felt the French Canadians still had too much power. However, both groups preferred the act and the institutions it created to the Quebec Act
which it replaced. The act is often seen as a watershed in the development of French Canadian nationalism
as it provided for a province (Lower Canada) that was seen by les Canadiens to be their own, separate from the Anglo Upper Canada. The disconnect between this French Canadian ideal of Lower Canada as a distinct, national homeland and the reality of the continued Anglo political and economic dominance of the province after 1791 led to discontent and a desire for reform among various segments of the Canadien populace. The French Canadian frustration at the nature of Lower Canadian political and economic life in "their" province eventually helped fuel the Lower Canada Rebellion
of 1837-38.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of Great Britain
Parliament of Great Britain
The Parliament of Great Britain was formed in 1707 following the ratification of the Acts of Union by both the Parliament of England and Parliament of Scotland...
. (Long title
Long title
The long title is the formal title appearing at the head of a statute or other legislative instrument...
: An Act to repeal certain Parts of an Act, passed in the fourteenth Year of his Majesty's Reign, intituled, An Act for making more effectual Provision for the Government of the Province of Quebec, in North America; and to make further Provision for the Government of the said Province.)
It reformed the government of the province of Quebec
Province of Quebec (1763-1791)
The Province of Quebec was a colony in North America created by Great Britain after the Seven Years' War. Great Britain acquired Canada by the Treaty of Paris when King Louis XV of France and his advisors chose to keep the territory of Guadeloupe for its valuable sugar crops instead of New France...
to accommodate the 10,000 English-speaking settlers, known as the United Empire Loyalists
United Empire Loyalists
The name United Empire Loyalists is an honorific given after the fact to those American Loyalists who resettled in British North America and other British Colonies as an act of fealty to King George III after the British defeat in the American Revolutionary War and prior to the Treaty of Paris...
, who had arrived from the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
following the American Revolution
American Revolution
The American Revolution was the political upheaval during the last half of the 18th century in which thirteen colonies in North America joined together to break free from the British Empire, combining to become the United States of America...
. Quebec, with a population of 145,000 French speaking inhabitants, was divided in two when the Act took effect on December 26, 1791. The western half became Upper Canada
Upper Canada
The Province of Upper Canada was a political division in British Canada established in 1791 by the British Empire to govern the central third of the lands in British North America and to accommodate Loyalist refugees from the United States of America after the American Revolution...
(now southern Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
) and the eastern half Lower Canada
Lower Canada
The Province of Lower Canada was a British colony on the lower Saint Lawrence River and the shores of the Gulf of Saint Lawrence...
(now southern Quebec). The names Upper and Lower Canada were given according to their location on the St. Lawrence River. Upper Canada received English law and institutions, while Lower Canada retained French law and institutions, including seigneurial
Seigneurial system of New France
The seigneurial system of New France was the semi-feudal system of land distribution used in the North American colonies of New France.-Introduction to New France:...
land tenure, and the privileges accorded to the Roman Catholic Church
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
. Representative governments were established in both colonies with the creation of a legislative assembly; Quebec had not previously had representative government. Along with each assembly there was also an appointed upper house, the Legislative Council, created for wealthy landowners; within the Legislative Council was the Executive Council, acting as a cabinet for the governor.
The Constitutional Act also tried to create an established church by creating clergy reserve
Clergy reserve
Clergy Reserves were tracts of land in Upper Canada reserved for the support of "Protestant clergy" by the Constitutional Act of 1791 which also established Upper and Lower Canada as distinct regions each with an elected assembly. One-seventh of all Crown lands were set aside...
s, that is, grants of land reserved for the support of the Protestant
Protestantism
Protestantism is one of the three major groupings within Christianity. It is a movement that began in Germany in the early 16th century as a reaction against medieval Roman Catholic doctrines and practices, especially in regards to salvation, justification, and ecclesiology.The doctrines of the...
clergy
Clergy
Clergy is the generic term used to describe the formal religious leadership within a given religion. A clergyman, churchman or cleric is a member of the clergy, especially one who is a priest, preacher, pastor, or other religious professional....
.
In practice, income from the rent or sale of these reserves, which constituted one-seventh of the territory of Upper and Lower Canada, went exclusively to the Church of England
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
and, from 1824 on, the Church of Scotland
Church of Scotland
The Church of Scotland, known informally by its Scots language name, the Kirk, is a Presbyterian church, decisively shaped by the Scottish Reformation....
. These reserves created many difficulties in later years, making economic development difficult and creating resentment against the Anglican church, the Family Compact
Family Compact
Fully developed after the War of 1812, the Compact lasted until Upper and Lower Canada were united in 1841. In Lower Canada, its equivalent was the Château Clique. The influence of the Family Compact on the government administration at different levels lasted to the 1880s...
, and the Château Clique
Château Clique
The Clique du Château or Château Clique was a group of wealthy families in Lower Canada in the early 19th century. They were the Lower Canadian equivalent of the Family Compact in Upper Canada...
. The act was problematic for both English speakers and French speakers; the French Canadians felt they might be overshadowed by English settlement and increased rights for Protestants, while the new English-speaking settlers felt the French Canadians still had too much power. However, both groups preferred the act and the institutions it created to the Quebec Act
Quebec Act
The Quebec Act of 1774 was an Act of the Parliament of Great Britain setting procedures of governance in the Province of Quebec...
which it replaced. The act is often seen as a watershed in the development of French Canadian nationalism
Nationalism
Nationalism is a political ideology that involves a strong identification of a group of individuals with a political entity defined in national terms, i.e. a nation. In the 'modernist' image of the nation, it is nationalism that creates national identity. There are various definitions for what...
as it provided for a province (Lower Canada) that was seen by les Canadiens to be their own, separate from the Anglo Upper Canada. The disconnect between this French Canadian ideal of Lower Canada as a distinct, national homeland and the reality of the continued Anglo political and economic dominance of the province after 1791 led to discontent and a desire for reform among various segments of the Canadien populace. The French Canadian frustration at the nature of Lower Canadian political and economic life in "their" province eventually helped fuel the Lower Canada Rebellion
Lower Canada Rebellion
The Lower Canada Rebellion , commonly referred to as the Patriots' War by Quebeckers, is the name given to the armed conflict between the rebels of Lower Canada and the British colonial power of that province...
of 1837-38.