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Title: Documents Relating to the Constitutional History of Canada 1759-1791, Part I

Date of first publication: 1918

Author: Adam Shortt (1859-1931) and Arthur G. Doughty (1860-1936)

Date first posted: May 20, 2018

Date last updated: May 20, 2018

Faded Page eBook #20180518

This eBook was produced by: Alex White, Howard Ross & the online Distributed Proofreaders Canada team at http://www.pgdpcanada.net





6-7 EDWARD VII. SESSIONAL PAPER No. 18 A. 1907

DOCUMENTS

 

RELATING TO

 

THE CONSTITUTIONAL HISTORY OF CANADA

TRANSCRIBER'S NOTES

The Introduction makes the following statement:

In every possible case documents are taken from the most authentic sources available, and are reproduced exactly as they are found, without any attempt to correct even the most obvious errors of spelling, punctuation or grammatical form. It is evident that any uncertainty due to slips and errors in the original documents would only be increased were it understood that attempts had been made to amend them.

We cannot with certainty distinguish errors in typesetting this book from accurate reproduction of errors in the original documents. So, in the spirit of the Introduction, every effort has been made to reproduce the text as faithfully as possible, blemishes and all. A small number of errors that unarguably arose in typesetting this book have been corrected. Some small alterations have been made to layout, arising from the differences between print and digital media.

Footnotes are numbered in three series. Those designated by numbers appear to have been added by the editors. Those designated by letters were marked by symbols in the text. While in Part I such footnotes may have been a part of the original document, in Part II they appear to be editorial comments. A small number of Transcriber's Notes (TN) have been added. The three series are listed in order of citation and are not separated. Footnotes in Parts I and II are numbered separately. The footnotes have been placed either at the end of the respective document, or below tables when they are cited within.

To aid readers, the Table of Contents from Part I has been included in Part II, and the Index from Part II has been included in Part I.


CANADIAN ARCHIVES

DOCUMENTS

 

RELATING TO

 

THE CONSTITUTIONAL HISTORY

OF CANADA

 

1759-1791

Selected and Edited with Notes by

ADAM SHORTT

AND

ARTHUR G. DOUGHTY

Printed by Order of Parliament

SECOND AND REVISED EDITION BY

THE HISTORICAL DOCUMENTS PUBLICATION BOARD

PART I

OTTAWA

PRINTED BY J. de L. TACHÉ, PRINTER TO THE KING'S MOST

EXCELLENT MAJESTY

1918


THE HISTORICAL DOCUMENTS

PUBLICATION BOARD

ADAM SHORTT, Chairman

ARTHUR G. DOUGHTY, Dominion Archivist

HON. THOMAS CHAPAIS, Legislative Council, Que.

PROF. CHARLES W. COLBY, McGill University

PROF. GEORGE M. WRONG, University of Toronto


TABLE OF CONTENTS

Page
Preface to Second Editionix
Introductionxi
Articles of Capitulation, Quebec, Sept. 18, 1759, French Text1
Articles of Capitulation, Quebec, Sept. 18, 1759, English Translation5
Articles of Capitulation, Montreal, Sept. 8, 1760, French Text7
Articles of Capitulation, Montreal, Sept. 8, 1760, English Translation25
Commission as Judge to Jacques Allier, January 6, 1760, French Text36
Commission as Judge to Jacques Allier, January 6, 1760, English Translation37
Placard from His Excellency, Gen. Amherst, Sept. 22, 1760, French Text38
Placard from His Excellency, Gen. Amherst, Sept. 22, 1760, English Translation40
Proclamation of Governor Murray, Establishing Military Courts, Oct. 31, 1760, French Text42
Proclamation of Governor Murray, Establishing Military Courts, Oct. 31, 1760, English Translation44
General Murray's Report on the State of the Government of Quebec, June 5, 176247
Col. Burton's Report on the State of Government of Three Rivers, April, 176281
General Gage's Report on the State of Government of Montreal, March 20, 176291
Treaty of Paris, Feb. 10, 1763, French Text97
Treaty of Paris, Feb. 10, 1763, English Translation113
Papers relating to the Establishing of Civil Government in the Territories ceded to Britain by the Treaty of 1763: 
    Egremont to Lords of Trade, May 5, 1763127
    Lords of Trade to Egremont, with Report, June 8, 1763131
    Egremont to Lords of Trade, July 14, 1763147
    Lords of Trade to Egremont, with Representation, Aug. 5, 1763150
    Halifax to Lords of Trade, Sept. 19, 1763153
    Lords of Trade to Halifax, Oct. 4, 1763156
    Proceedings in Privy Council, Oct. 5, 1763157
    Report on Commissions for Governors, Oct. 6, 1763159
    Halifax to Lords of Trade, Oct. 8, 1763163
Proclamation of Oct. 7th, 1763163
Earl of Egremont to Governor Murray, Aug. 13, 1763168
Passing Governor's Commissions, Oct. 7, 1763170
Additional Clauses in New Commissions, Nov. 4, 1763170
Commission appointing James Murray, Captain General and Governor in Chief of the Province of Quebec, Nov. 21, 1763173
Instructions to Governor Murray, Dec. 7, 1763181
Ordinance of Sept. 17, 1764, Establishing Civil Courts205
Governor Murray to Earl of Halifax, Oct. 15, 1764210
Presentments of the Grand Jury of Quebec, Oct. 16, 1764212
Statement by French Jurors in reference to the foregoing Presentments, Oct. 26, 1764, French Text216
Statement by French Jurors in reference to the foregoing Presentments, Oct. 26, 1764, English Translation219
Address of French Citizens to the King regarding the Legal System, Jan. 7, 1765, French Text223
Address of French Citizens to the King regarding the Legal System, Jan. 7, 1765, English Translation227
Ordinance of Nov. 6, 1764229
Governor Murray to Lords of Trade, Oct. 29, 1764231
Petition of the Quebec Traders to the King232
Petition of the London Merchants to the King235
Report of Attorney and Solicitor General re Status of Roman Catholic Subjects, June 10, 1765236
Report of Committee for Plantation Affairs re Ordinances and Constitutions by the Governor of Quebec, Sept. 2, 1765237
Representation of the Board of Trade to the King, Sept. 2, 1765247
Ordinance of July 1, 1766, to Alter and Amend Ordinance of Sept. 17, 1764249
Ordinance of July 26, 1766, in addition to Ordinance of Sept. 17, 1764250
Report of Attorney and Solicitor General (Yorke and DeGrey), regarding the Civil Government of Quebec, April 4, 1766251
Considerations on the Expediency of Procuring an Act of Parliament for the Settlement of the Province of Quebec, by Francis Maseres, 1766257
Irving to the Lords of Trade, Aug. 20, 1766269
Petition of Seigneurs of Montreal to the King, Feb. 3, 1767, French Text270
Petition of Seigneurs of Montreal to the King, Feb. 3, 1767, English Translation272
Commission of Chief Justice William Hey, Sept. 25, 1766273
Lieut.-Governor Carleton to Earl of Shelburne, Oct. 25, 1766276
Remonstrance of Members of Council to Lieut.-Governor Carleton, Oct. 13, 1766277
Lieut.-Governor Carleton's reply to Remonstrance of Members of Council278
Lieut.-Governor Carleton to General Gage, Feb. 15, 1767280
Earl of Shelburne to Lieut.-Governor Carleton, June 20, 1767281
Lieut.-Governor Carleton to Earl of Shelburne, Nov. 25, 1767281
Resolution of Privy Council as to Information Required Concerning the Province of Quebec, Aug. 27, 1767285
Earl of Shelburne to Lieut.-Governor Carleton, Dec. 17, 1767287
Lieut.-Governor Carleton to Earl of Shelburne, Dec. 24, 1767288
Draught of an Ordinance Relating to French Land Tenures292
Lieut.-Governor Carleton to Earl of Shelburne, Jan. 20, 1768294
Earl of Hillsborough to Lieut.-Governor Carleton, March 6, 1768297
Lieut.-Governor Carleton to Earl of Shelburne, April 12, 1768299
Instructions to Governor Carleton, 1768301
Earl of Hillsborough to Governor Carleton, Oct. 12, 1768325
Governor Carleton to Earl of Hillsborough, Nov. 20, 1768325
A Draught of an Intended Report of the Honourable the Governor in Chief and the Council of the Province of Quebec, to the King Concerning the State of the Laws and the Administration of Justice in that Province, by Francis Maseres327
Attorney General Maseres' Criticism of Governor Carleton's Report on the Laws of the Province, 1769370
Report of Lords Commissioners for Trade and Plantations Relative to the State of the Province of Quebec, July 10, 1769377
Appendix to Report of Lords Commissioners for Trade and Plantations393
Report of Committee of the Council on Administration of Law by Justices of the Peace, Sept. 11, 1769395
An Ordinance for the More Effectual Administration of Justice, and for Regulating the Courts of Law in the Province, Feb. 1, 1770401
Petition for a General Assembly417
Petition for the Restoration of French Law and Custom, French Text419
Petition for the Restoration of French Law and Custom, English Translation421
Additional Instruction to Governor Carleton, 1771422
Earl of Hillsborough to Lieut.-Governor Cramahé, July 3, 1771423
Report of Solicitor General Alex. Wedderburn, Dec. 6, 1772424
Abstract of such Regulations in Solicitor General's Report as may be established by Act of Parliament, Dec. 6, 1772432
Abstract of such Regulations as the Legislature may carry into Execution434
Report of Attorney General Edward Thurlow, Jan. 22, 1773437
Plan of a Code of Laws for the Province of Quebec, Reported by the Advocate General, James Marriott, 1774445
Lieut.-Governor Cramahé to Earl of Dartmouth, June 22, 1773484
Earl of Dartmouth to Lieut.-Governor Cramahé, Dec. 1, 1773485
Francis Maseres to Earl of Dartmouth, Jan. 4, 1774, with Proceedings of Quebec Committee486
Letter of Committee of English Inhabitants to Maseres490
Lieut.-Governor Cramahé to Earl of Dartmouth, Dec. 13, 1773491
Petition to Lieut.-Governor Cramahé for an Assembly, Nov. 29, 1773493
Lieut.-Governor's Reply, Dec. 11, 1773495
Petition to the King, for an Assembly, Dec. 31, 1773495
Memorial from Quebec to Earl of Dartmouth, Dec. 31, 1773498
Memorial from Montreal to Earl of Dartmouth, Jan. 15, 1774501
Earl of Dartmouth to Lieut.-Governor Cramahé, May 4, 1774503
Lieut.-Governor Cramahé to Earl of Dartmouth, July 15, 1774503
Petition of French Subjects to the King, Dec. 1773, French Text504
Petition of French Subjects to the King, Dec. 1773, English Translation507
Memorial of French Subjects in Support of their Petition, French Text508
Memorial of French Subjects in Support of their Petition, English Translation510
Case of the British Merchants Trading to Quebec, May, 1774512
Lord Mansfield's Judgment in Campbell vs. Hall, 1774522
Maseres to the Lord Chancellor, April 30, 1774531
Memoranda and Draughts of Bills Relating to the Subject of the Quebec Act, 1774: 
    Memorandum of Government of Quebec533
    First Draught of the Quebec Bill535
    Second Draught of the Quebec Bill536
    Proposed Extension of Provincial Limits541
    Third Draught of the Quebec Bill543
    Notes on Third Draught of Quebec Bill548
    The Clause Concerning Religion in the Third Draught549
    Lord Hillsborough's Objections to Third Draught of Quebec Bill551
    Earl of Dartmouth's Reply to Lord Hillsborough554
    The Quebec Bill, as Returned from the Commons554
    Things which must of necessity be Considered and Definitely Settled if the Bill is passed, French Text561
    Things which must of necessity be Considered and Definitely Settled if the Bill is Passed, English Translation564
    Queries re Government of Quebec568
The Quebec Act, 14, Geo. III, cap. 83570
Quebec Revenue Act, 14, Geo. III, cap. 88576
An Act for amending and explaining an Act to establish a fund towards further defraying the charges of the Administration of Justice, and support of the Civil Government within the Province of Quebec580
Governor Carleton to Earl of Dartmouth, Sept. 23, 1774583
General Gage to Governor Carleton, Sept. 4, 1774583
Governor Carleton to General Gage, Sept. 20, 1774584
Earl of Dartmouth to Governor Carleton, Dec. 10, 1774585
Governor Carleton to Earl of Dartmouth, Nov. 11, 1774586
Petitions for the Repeal of the Quebec Act, Nov. 12, 1774: 
    To the King589
    To the Lords591
    To the Commons592
Instruction to Governor Carleton, 1775594
Plan for the future management of Indian Affairs, referred to in the 32nd article of the foregoing Instructions614
Instructions relating to Trade and Navigation620
Additional Instructions, March 13, 1775636
Additional Instructions, Nov. 14, 1775636
Draught of an Ordinance for Establishing Courts of Justice, May 1, 1775637
Governor Carleton to General Gage, Feb. 4, 1775660
Earl of Dartmouth to Governor Carleton, June 7, 1775663
Governor Carleton to Earl of Dartmouth, June 7, 1775663
Lieut.-Governor Cramahé to Earl of Dartmouth, Sept. 21, 1775667
Chief Justice Hey to the Lord Chancellor, Aug. 28, 1775668
Commission for a Court of Appeals, Aug, 1, 1776672
Commission for a Court of Civil Jurisdiction, July 23, 1776674
Governor Carleton to Lord Germain, Sept. 28, 1776675
Governor Carleton to Lord Germain, May 9, 1777676
Ordinances passed by the Legislative Council, Jan. to April, 1777678
An Ordinance for Establishing Courts of Civil Judicature in the Province of Quebec, Feb. 25, 1777679
An Ordinance to Regulate the Proceedings in the Courts of Civil Judicature in the Province of Quebec, Feb. 25, 1777682
An Ordinance for Establishing Courts of Criminal Jurisdiction in the Province of Quebec, March 4, 1777690
Plan for a Chamber of Commerce for the City and District of Quebec, April 3, 1777692
Petition of Merchants for Repeal of Quebec Act, April 2, 1778694
Instructions to Governor Haldimand, April 15, 1778696
Carleton's Dismissal of Chief Justice Livius, March 2, 1779698
    Additional Instruction, March 29, 1779704
    Additional Instruction, March 29, 1779705
    Additional Instruction, July 16, 1779706
Opinion of Members of Council on Executing the Instructions of 16th July, 1779707
Governor Haldimand to Lord Germain, Oct. 25, 1780711
The Lords of Trade and Plantations to Haldimand, April 10, 1781722
Ordinance re Proceedings of Courts, Feb. 5, 1783725
Treaty of Paris, 1783726
Additional Instructions to Haldimand, July 16, 1783730
    Additional Instruction, May 26, 1785733
    Additional Instruction, July 25, 1785734
Governor Haldimand to Lord North, Oct. 24, 1783735
Governor Haldimand to Lord North, Nov. 6, 1783738
Hugh Finlay to Sir Evan Nepean, Oct. 22, 1784739
Petition for House of Assembly, Nov. 24, 1784742
Plan for a House of Assembly, Nov., 1784753
Objections to Petition of November, 1784, French Text754
Objections to Petition of November, 1784, English Translation758
Address of Roman Catholic Citizens to the King, French Text762
Address of Roman Catholic Citizens to the King, English Translation765
A Draught of a Proposed Act of Parliament for the Better Securing the Liberties of His Majesty's Subjects in the Province of Quebec, April, 1786767
Petition of Sir John Johnson and Loyalists, April 11, 1785773
Lieut.-Governor Hamilton to Lord Sydney, April 20, 1785777
Ordinance Establishing Trial by Jury, April 21, 1785780
Lieut.-Governor Hope to Lord Sydney, Nov. 2, 1785793
Memorial of British Merchants Trading to Quebec, Feb. 8, 1786796
    Letter from Merchants of Montreal, Nov. 2, 1785801
    Letter from Merchants of Quebec, Nov. 9, 1785803
Lord Sydney to Lieut.-Governor Hope, April 6, 1786805
Lord Sydney to Col. Joseph Brant, enclosed in foregoing809
Lord Sydney to Lieut.-Governor Hope, April 6, 1786810
Memoranda for Instructions, July 28, 1786811
Plan of General Directions for Sir Guy Carleton, 1786812
Draught of Particular Instructions to Carleton, 1786813
Instructions to Lord Dorchester, Aug. 23, 1786816
    Additional Instructions, March 21, 1787837
    Additional Instruction, Aug. 25, 1787838
Chief Justice Smith to Sir Evan Nepean, Jan. 2, 1787841
Hugh Finlay to Sir Evan Nepean, Feb. 13, 1787843
Hugh Finlay to Sir Evan Nepean, March 15, 1787845
Draughts of an Ordinance framed by Chief Justice Smith, March 12, 1787847
Extract from Proceedings of Council, March 26, 1787854
Ordinance re Proceedings of Civil Courts, April 30, 1787858
Ordinance re Criminal Courts, April 30, 1787862
Lord Sydney to Lord Dorchester, Sept. 20, 1787863
Lord Dorchester to Lord Sydney, June 13, 1787865
Minutes of Council upon State Business from the 24th of October, 1786, to the 2nd of 
June, 1787869
Memorial of The Judges, May 1, 1787873
Report of the Committee of the Council Relating to the Courts of Justice874
Memorandum of the Council886
List of Jurors891
A Paper by Judge Panet, French Text892
A Paper by Judge Panet, English Translation896
Another Paper by Judge Panet, French Text894
Another Paper by Judge Panet, English Translation898
Report of the Committee of Council Relating to Commerce and Police, 1787899
Report of the Merchants of Quebec by their Committee902
Copy of a Petition to Lord Dorchester from New Subjects at Quebec, French Text910
Copy of a Petition to Lord Dorchester from New Subjects at Quebec, English Translation911
Letter from the Committee of Council on Commerce and Police to the Merchants of Montreal913
Answer to foregoing Letter914
Report of the Merchants of Montreal by their Committee915
Copy of a Letter Accompanying the above Report920
Copy of an Address to Lord Dorchester from New Subjects at Montreal, French Text921
Copy of an Address to Lord Dorchester from New Subjects at Montreal, English Translation923
Letter Addressed to the Magistrates of Quebec, from the Committee of Council925
Letter from the Magistrates of Quebec to the Committee of Council in answer to the foregoing Letter926
Letter to the Merchants at Three Rivers, from the Committee of Council929
An Answer to the Foregoing Letter929
Representation of New Subjects at Three Rivers to the Governor and Council, French Text930
Representation of New Subjects at Three Rivers to the Governor and Council, English Translation934
Report of the Committee of the Council upon Population, Agriculture and the Settlement of the Crown Lands, 1787937
Letter from the Magistrates at Cataraqui to Sir John Johnson942
Letter from the Magistrates at New Oswegatchee to Sir John Johnson945
Lord Dorchester to Lord Sydney, June 13, 1787946
Petition of the Western Loyalists, April 15, 1787949
Memorial of Merchants Trading to Quebec, Feb. 4, 1788952
Patent Creating New Districts, July 24, 1788953
Lord Sydney to Lord Dorchester, Sept. 3, 1788954
Lord Dorchester to Lord Sydney, Nov. 8, 1788958
Hugh Finlay to Sir Evan Nepean, Feb. 9, 1789960
Ordinance of 1789 re Proceedings in the Courts of Civil Judicature963
Lord Grenville to Lord Dorchester, Oct. 20, 1789969
Discussion of Petitions and Counter Petitions re Change of Government in Canada970
Lord Grenville to Lord Dorchester, Oct. 20, 1789987
First Draught of Constitutional Bill, 1789992
Lord Dorchester to Lord Grenville, Feb. 8, 17901002
Second Draught of Constitutional Bill, 17901006
Boundary between Quebec and New Brunswick1017
Chief Justice Smith to Lord Dorchester, Feb. 5, 17901018
Proposed Additions to New Canada Bill for a General Government, Feb. 8, 17901020
Clause re Trial of Criminal Offences, Feb. 8, 17901024
Lord Grenville to Lord Dorchester, June 5, 17911024
Lord Dundas to Lord Dorchester, Sept. 16, 17911028
The Constitutional Act of 17911031
Index1053

PREFACE TO SECOND EDITION

In issuing the second edition of the Constitutional Documents, 1759-1791, it has been found necessary to divide the volume into two parts. This is owing partly to the additional documents included, but chiefly to the improved form in which it is printed. While the original plan of the work, as indicated in the introduction, has not been departed from, a few additional documents and some extensions of the notes have been found desirable.

A few documents, not available at the time of printing the first edition have since been discovered. Among these the most important are the Report of the Board of Trade of September 2nd, 1765 (p. 237) and the Discussion of Petitions and counter-Petitions re Change of Government in Canada (p. 970), referred to in the despatch of Grenville to Dorchester of 20th October, 1789 (p. 969). Since the first part of this edition was printed, the full text of Lord Thurlow's report has been discovered in the Archives of the Court House of Montreal. While it is to be regretted that it was not discovered in time to be included in this issue, it may be observed that the abridgment of it which is given (p. 437), as taken from Christie's History of Lower Canada, contains nearly all that is essential in Thurlow's argument. The portions omitted are chiefly summaries of the earlier documents submitted to the Law Officers as the basis for their report, and which are reproduced in full in the earlier portion of this work. In the latter part of the report, certain portions of Thurlow's argument were omitted by Christie, but the most important sections are given in full. In any case, the full text may now be consulted, either at the Court House, Montreal, or at the Archives in Ottawa.

Among the new documents introduced is the Draught of an Ordinance for establishing Courts of Justice in the Province of Quebec, 1775. This is given as indicating "His Majesty's Gracious Intentions with respect to the plan of Judicature that is to be established." It is of special interest, with reference to the policy of the Quebec Act, on the one hand, and, on the other, the actual line of development in the administration of justice after the Quebec Act. The Commissions for a Court of Appeals and for a Court of Civil Jurisdiction, in 1776, which serve to fill the gap in the administration of justice during the invasion of Canada, are also new documents.

The rather important constitutional issues involved in the dismissal of Chief Justice Livius having been dealt with in the first edition chiefly in extensive foot-notes, it was deemed advisable to give in full the Report of the Committee of Council to which was referred the whole case. This is given at p. 698. Growing out of this situation was the action taken by Governor Haldimand in withholding from the Council certain articles of his Instructions which he was directed to lay before them. The review of his conduct on this and other matters by the Lords of Trade and Plantations, in 1781, is also given in full as essential to an understanding of the issues raised (see p. 722). Among the papers received since the issue of the first edition, two documents, "A Plan of General Instructions for Sir G. Carleton" and "Draught of Particular Instructions to Carleton," leading up to the General Instructions of 1786, are also included as throwing light upon these important instructions.

Apart from some necessary changes and extensions in the foot-notes, the only other important alterations will be found in the references to the Journals of the Legislative and Executive Councils of Quebec. When the first edition was prepared the only copies of the Minutes of Council available were those in the "Q" series, which were given in the Minutes as sent from Canada to England and preserved in the Public Record Office. Within the past few years, however, the original Minute Books of the Councils were discovered in Canada among the records of the Governor General's Office, and have been transferred to the Public Archives. The text of all extracts from the Minutes, as given in the Constitutional Documents, has been read and revised from these originals. In consequence, the references have been changed to conform to the new sources. At the same time the former references to the "Q" series are also retained in order to preserve connection with quotations which have been made from the first edition of this work. Similar observations will apply to certain petitions, etc., the originals of which have lately come to light and are now deposited in the Archives. In each case, while the text is revised in accordance with the originals, references are given to the copies as formerly known, as well as to the originals recently discovered. The two parts in which the original volume now appears are paged consecutively, hence the table of contents in the first part and the index in the second part refer to the whole work.


INTRODUCTION

Already the accumulation of materials relating to Canadian history secured by the Canadian Archives is very voluminous, and of such range and value that it will henceforth be impossible to make any considerable contribution to Canadian history without drawing upon these resources.

Now that these collections are adequately housed in a separate building, it is possible for all who wish to consult them to do so with facility and comfort. However, in a country of such vast extent as Canada, it requires both time and means for more than a very limited number to avail themselves of these valuable accumulations at first hand. Hitherto, also, the pressing demands of the more immediate needs of life leave, for most, little leisure for the cultivation of those studies connected with the origin and significance of our national institutions, the right comprehension of which may have an important bearing on the future stability of national life.

In order that the character of the records accumulated by the Archives department may be made known to the public, and that the advantages to be derived from an acquaintance with these materials may be equally shared by teachers, students and citizens of Canada generally, in all parts of the country, it has been considered advisable to select and publish in a connected form, a number of the more important and representative documents relating to specific features of Canadian national development. The present volume is the first of a short series which will embody the leading documents relating to Canadian constitutional history. The collection is intended to furnish, in the shape of authentic copies of original documents, a survey of the gradual development of the Canadian system of government and of the various forces which, in co-operation or conflict, had much to do with determining the lines along which our destiny as a nation was to be unfolded. It has been sought to make the series of documents sufficiently full and representative of all the constituent elements and interests of the country, to furnish a basis for an intelligent and independent judgment on the part of those making a careful study of them; while the notes and references will enable the reader to follow the natural connections of the documents with each other and with a still wider range of first hand materials, most of which will also be found in the collections of the Canadian Archives.

This first volume contains only documents relating to the central portion of Canada known at the time as the Province of Quebec, between the period of the Cession and the passing of the Constitutional Act in 1791. In order to present a natural historical development of the constitution the documents are arranged as nearly as possible in chronological order. They consist of both primary and secondary materials. The primary documents are preceded and followed by a number of closely related papers, such as petitions, reports, letters and proceedings indicative of the forces which prepared the way for the more formal expressions of the general policy or system of government. These in turn are followed by other secondary documents showing the practical consequences of the adoption of this or that policy or system of government.

The documents and papers may be classified as follows, the first two sections covering the central or pivotal documents.

I. Terms of Capitulation and Treaties, determining the limits of the colony and the conditions under which it was ceded or held.

II. Royal Proclamations or British Statutes determining the basis and character of the government to be established and maintained in the colony.

III. Commissions and Instructions issued to the various Governors, giving in further detail the system of government and administration to be established in the colony, and the general policy to be followed.

IV. Such ordinances or laws passed by the local legislative body as prescribe, under the authority of Royal Proclamations or British Statutes and Instructions to the Governors, the courts of law and the general system of justice to be administered in the colony.

V. Special reports, of a more or less official nature, from various Boards, or servants of the Crown in Britain or Canada, setting forth the actual conditions of the country from a constitutional point of view, and proposing lines of policy or necessary changes in the constitution of the country.

VI. A body of miscellaneous papers furnishing the connecting links and general constitutional atmosphere of the central documents of the foregoing classes. These consist of

(a) Petitions and counter-petitions expressing the wishes and aspirations of the inhabitants of the country, or of those in Britain having special interests in Canada, as to the form of government, the system of laws, and the general administration of justice.

(b) Minor reports from the Governors and other officials in the colony, Memorials and Proceedings setting forth the political condition of the country, Minutes of Council and Reports of Committees of Council relating to the system of government or administration.

(c) Correspondence, official, semi-official, or private, between the Canadian Governors and the British Secretaries of State, and between these and others occupying official or at least influential positions in Canada or Britain, discussing, shaping, or advising as to the policy of government, or the condition and wishes of the people.

In considering the documents presented under these various classes, the question of most interest to those wishing to make use of the volume will relate to the principle or principles upon which the documents here given were selected from the general mass of materials bearing upon the constitutional development of Canada during the period covered. In answering this question we may take up the sections in order.

The documents which fall within the first three classes leave very little room for choice, as they are limited in number and definite in character. The first section includes the Capitulations of Quebec and Montreal, and the two Treaties of Paris of 1763 and 1783. Section II includes the Proclamation of 1763, the Quebec Act and the Constitutional Act. Section III includes the Commissions and Instructions to Governors, etc. In order to economize space, since the Commissions cover, though only in a partial degree, much the same ground as the Instructions, samples only are given to indicate their nature. Special features, such as Dorchester's Commission in 1786 to be Governor and Commander-in-Chief in all the British North American Colonies, are fully indicated in the correspondence and notes. Where the Instructions to one Governor are continued for his successor with little or no alteration, they are not repeated in full, only the alterations or additions being given. However, where important changes in policy were being discussed or had taken place, as in 1768, 1775, and 1786, the Instructions are given in full, even though considerable sections of them remain unchanged, it being important at such periods to see the relation of the old to the new elements. This section includes also various additional or special Instructions which were issued to the Governors during their periods of Office.

Section IV covers the series of Provincial Ordinances from 1764 to 1789, establishing the Provincial Courts and prescribing, subject to the British Statutes and Instructions, the system of law and procedure to be observed therein.

In Section V there is more choice of materials, though there is little difficulty in determining which are the most essential documents, as that is largely indicated by the importance attached to them alike at the time and afterwards, as evidenced by the repeated references to them in the other documents and correspondence of the period. The only difficulty here has been in procuring authentic copies of all the documents of this description referred to. Though the great majority of these reports have been discovered among the State Papers, or in other authentic form, a few of them have not as yet been secured. The Reports of Carleton and Hey in 1769 have not yet been found, though the substance of the former is fairly well indicated in the criticism of it made by Mr. Maseres (see p. 258). This indicates that the Governor had simply recapitulated in the Report his views as frequently expressed to the Home Government in his correspondence with the Secretaries of State, Lords Shelburne and Hillsborough. It has also been impossible up to the present to trace among the State Papers the reports on the Government of Quebec made by Solicitor-General Wedderburn and Attorney-General Thurlow, in 1772 and 1773, though a supplement to the Solicitor-General's report containing its essential features has been found among the Dartmouth Papers. We have therefore been constrained to take these papers in their incomplete form from Christie's History of Lower Canada. Vol. I. The Report of the Board of Trade of September 2nd, 1765, cited in another report of the same date, given at p. 171 and referred to in note 3 on the same page, as not having been discovered, has since come to light in a volume lately received at the Archives but as yet uncalendared. It will be found in Volume Q — 18A, p. 131. These are practically the only cases in which we have failed to trace the more essential documents of this class.

The reports in this Section, beginning with that of Murray in 1762, and ending with the series of Reports of 1787, where they are of a general nature, naturally contain much material which has but little direct bearing on constitutional questions. However, where the report is homogeneous and not too voluminous, as in the case of Murray's, it has been produced in full that the reader may be enabled to obtain a general survey of the conditions of the Colony. In other cases, where the report is very extensive and is the product of a series of committees dealing with different sections of the colonial interests, as in the case of the Report of 1787, only those sections are given which have a more direct bearing on the constitutional problems of the country. At the same time the general character of the whole report is sufficiently indicated, and references are given which will enable any one who may be interested in them to follow up the portions omitted.

It is among the documents classified under Section VI, that there is the largest and most miscellaneous mass of materials from which to make choice, and here the principle of selection is naturally a matter of considerable importance, for much necessarily depends upon the judgment of the editor. Inasmuch as feeling ran high at various stages during this period, and questions of racial and national institutions, feudal privileges and vested interests, commercial enterprise and immigration, military versus civil power, and autocratic versus democratic government were deeply involved; and inasmuch as many of the questions then raised for the first time have persisted as matters of vital interest in Canadian politics and British colonial policy, it is highly necessary that the principles on which the selection of the supplementary documents has been made should be fully understood. Obviously, whatever the final judgment on any of these issues, it is quite indispensable in a volume of this description that all the representative interests in the Colony, all the essential claims made and policies advocated, should be fairly and adequately presented in their own terms, as far as the documents are available. The first process was to sift out from the general documents of the period and set apart for further consideration all those having either a direct or an indirect bearing upon the constitutional issues of the period. Then from these were selected for publication (a) Those which were specially referred to in the primary documents, or were used in shaping them; (b) Those petitions and memorials which were most frequently referred to either by friends or opponents as representing the wishes of the various sections of the people interested in the Constitution of Canada; (c) Those despatches and letters passing between Canada and Britain which originated ideas and policies afterwards followed up, or which most fully discussed the issues then before the country, and which were most frequently referred to afterwards as expressing the views of the persons or groups vitally interested in the measures proposed or adopted; (d) Such minor documents as were intimately connected with or obviously throw light upon the more important ones, and contribute to a better understanding of them.

By following these principles of selection it was found that the documents arranged themselves in a natural and connected order of development, and furnished in great measure their own standards for selection. As a consequence of this arrangement, we have been able to include the great majority of the papers referred to in the primary and secondary documents, including the petitions, memorials and official correspondence. Hence, with the assistance of the notes and supplementary references, if the documents are read consecutively, they will be found to gradually unfold a closely connected and intelligible story of the leading constitutional issues and of the factors, personal and corporate, determining the constitutional development of Canada during a very critical and highly controversial period in our national history.

It has been regarded as beyond the scope of a volume of this description to take notice of the voluminous discussion in periodicals, pamphlets, and historical treatises dealing with the issues here presented whether from a partisan or impartial point of view. However valuable much of this material may be, it is plainly to be treated as supplementary reading. The object of this volume is simply to furnish the more central and essential documentary bases, alike for original and independent judgment and for an intelligent estimate of all other judgments, whether contemporary or subsequent.

The most essential portion of the supplementary reading consists of the Debates in the British Parliament connected with the passing of the Quebec Act and the Constitutional Act. These are naturally too voluminous to be included in their entirety. To make selections from them, and especially from the Debates on the Quebec Act, which would be satisfactory to all parties would prove a very difficult if not impossible undertaking. References to the Debates are given in the notes, and as they are available in every fairly equipped library, they may be consulted in their complete form by practically all who care to make a serious study of these matters.

The notes throughout the volume are entirely devoted to furnishing necessary concrete information as to the documents themselves, the connecting links between them, or the supplementary documents which throw additional light on the questions in hand. No attempt however has been made to pass judgment upon the issues involved, or to give an interpretation of the documents themselves. The functions of the notes may thus be classified as follows: (a) To furnish the necessary references to the sources of the documents which are reproduced; (b) To furnish references, either within or without the present volume, to all other papers referred to in the documents here reproduced; (c) To provide references to other first-hand materials, and to give quotations from them, where not too extensive, as to the essential links connecting or explaining the documents which have been selected and reproduced; (d) To indicate the official positions held by the leading parties between whom the correspondence which is given had taken place.

A number of the central and more formal documents, such as Capitulations, Treaties, and Instructions have already appeared in various forms, though not always in authentic versions. Others have appeared in volumes which are now very difficult to obtain and are rarely to be met with in Canada outside of a few of the best equipped libraries. A large part of the volume, however, consists of important documents which have not hitherto been published, and the very existence of a number of which was hardly suspected. These throw much new light on some of the most essential features of Canadian constitutional history.

In every possible case documents are taken from the most authentic sources available, and are reproduced exactly as they are found, without any attempt to correct even the most obvious errors of spelling, punctuation or grammatical form. It is evident that any uncertainty due to slips and errors in the original documents would only be increased were it understood that attempts had been made to amend them.

The majority of the papers here reproduced are contained in the Canadian Archives, and consist of copies from the originals in the Public Record Office in London. In some cases, however, the papers in the Public Record Office are themselves duplicates which were furnished at the time of framing the originals. In almost every case these documents have been again carefully compared with the originals before being reproduced in this volume, and the proof has been read by Mr. R. Laidlaw and Miss M. Robertson.

It will be observed that the papers are drawn mainly from three series, which are designated by the letters Q, B, and M. This method of classification was originally adopted by the Canadian Archives as an arbitrary though convenient mode of reference, otherwise these letters have no special significance. The index to the volume was prepared by Miss M. Robertson of the Archives Branch.

Adam Shortt

Arthur G. Doughty


DOCUMENTS RELATING TO THE CONSTITUTIONAL
HISTORY OF CANADA

1759-1791


ARTICLES OF CAPITULATION, QUEBEC.[1]

La Capitulation demandée d'autre part a été accordée par Son Excellence General Townshend Brigadier des armees de sa Majeste Britanique en Amerique de la Maniere & aux conditions exprimées cy dessousArticles de Capitulation demandés Par Mr de Ramzay Lieutenant Pour Le Roy Commandant Les hautes et Basse Ville de Quebec Cher de L'ordre Royal & Militaire de St Louis à Son Excellence Monsieur Le General des troupes de Sa Majesté Britannique.
 
 
1Article Premier
 
La garnison de la ville Composée des troupes de terre de marinne et matelots sortiront de la ville avec armes et Bagages Tambour Battant meche allumée avec deux pieces de Canon de france Et douze Coups atirer pour chaque piece Et sera Embarqué le plus Commodement possible pour etre mise en france au premier port.Mr de Ramzay demande Les honneurs de la guerre Pour sa Garnison & qu'Elle soit ramenée à L'armée En sureté par Le Chemin Le plus Court, avec armes, bagages, six pieces de Canon de fonte, Et deux mortiers ou obusiers et Douse coups à tirer par piece.
 
2.Art. 2.
 
Accordé en mettant les armes Bas.Que Les habitans soient Conservés dans La possession de leurs maisons, biens, effets et privileges.
 
3.Art. 3.
 
accordé — Que Les dits habitans ne pourront etre recherchés pour avoir porté Les armes à la deffense de la ville, attendu qu'ils y ont été forcés & que les habitans des Colonies des deux couronnes y servent Egalement comme Milices.
 
4.Art. 4.
 
accordé — Qu'il ne sera pas touché aux effets des officiers & habitans absens.
 
5.Art. 5.
 
accordé — Que les dits habitans ne seront point transferés, ni tenus de quitter Leurs maisons Jusqu'à ce qu'un traité definitif entre S. M. T. C. & S. M. B. aye reglé leur etat.
 
 
6.Art. 6.
 
libre Exercice de la Religion Romaine, sauves gardes accordées a toutes personnes Religieuses ainsi qua Mr Leveque qui pourra venir Exercer Librement et avec Deçence Les fonctions de son Etat lorsqu'il le Jugera a propos jusqu'a ce que la possession du Canada ayt été Decidée entre Sa Majesté B. et S. M. T. C.Que L'Exercice de La relligion Catholique apostolique & romaine sera conservé, que L'on Donnera des sauve gardes aux maisons des Ecclesiastiques, relligieux & relligieuses particulierement à Mgr L'Evêque de Quebec qui, rempli de zele pour La relligion Et de Charité pour le peuple de son Diocese desire y rester Constamment, Exercer Librément & avec La Decense que son Etat et les sacrés mysteres de la relligion Catholique Apostolique & Romaine, Exigent, son Authorité Episcopale dans La ville de Quebec Lorsqu'il Jugera à propos, Jusqu'à ce que la possession Du Canada ait Eté decidée par vn traité Entre S. M. T. C. & S. M. B.
 
7.Art. 7.
 
accordé — Que L'artillerie & les Munitions de guerre seront remises de bonne foy et Qu'il en sera Dressé un Inventaire.
 
8.Art. 8.
 
accordé — Qu'il En sera un pour Les Malades, blessés, Commissaire, Aumoniers, Medecins, Chirurgiens, Apoticaires & autres personnes Employés au service des hopitaux Conformement au traité d'échange du 6. fevrier 1759. Convenu Entre Leurs M. T. C. & B.
 
9.Art. 9.
 
accordé — Qu'avant de livrer La porte & l'entrée de La ville aux troupes Angloises, leur general voudra bien remettre quelques soldats pour Etre mis en sauve gardes Aux Eglises, couvents & principales habitations.
 
 
10.Art. 10.
 
accordé — Qu'il sera Permis au Lieutenant de Roy commandant dans La ville de Quebec d'Envoyer Informer Mr Le Marquis de Vaudreuil Gouverneur General de La reddition de La place, Comm'aussi que Ce General pourra Ecrire au Ministre de france pour L'en Informer.
 
11.Art. 11.
 
accordé — Que La presente Capitulation sera Executée suivant sa forme & teneur sans qu'elle puisse Etre sujette à Inexecution sous pretexte de represailles ou D'vne Inexecution de Quelque Capitulation precedente.

Le present traité a été fait et arreté Double entre Nous au Camp devant Quebec le 18e Septembre 1759.

Cha: SAUNDERS.

Geo: TOWNSHEND.

DeRAMESAY.


The Articles of Capitulation of Quebec as here given are taken from a photographic reproduction of the original document, signed by Admiral Charles Saunders, Brigadier General George Townshend and M. de Ramesay, which was enclosed in Townshend's despatch to Pitt of the 20th Sept., 1759, giving the official account of the capture of Quebec. The despatch and the enclosed Articles of Capitulation are preserved in the Public Record Office, London, in Vol. 88 of the papers relating to 'America and the West Indies.' In his despatch General Townshend thus alludes to the Capitulation: — 'The 17th at noon before we had any Battery erected or could have had any for 2 or 3 days. A Flagg of Truce came out with proposals of Capitulation, which I sent back again to Town allowing them four Hours to capitulate or no farther Treaty. * * The French Officer returned at night with Terms of Capitulation which with the Admiral were consider'd, agreed to, and signed, at 8 in ye morning ye 18th instant. The Terms you find we granted will I flatter myself be approved of by his Majesty considering ye Enemy assembling in our Rear, & what is far more formidable The very Whet & Cold Season which threatened our Troops with Sickness & the fleet with some Accident. It had made our Road so bad we could not bring up a Gun for some time, add to this ye advantage of entring ye Town with the walls in a Defensible State, and ye being able to put a Garrison there strong enough to prevent all Surprise. These I hope will be deem'd a sufficient Consideration for granting ye them. Terms I have the Honour to propose to you.'

Admiral Saunders, in a letter to Pitt at the same time, also states, 'I enclose you a Copy of the Articles of Capitulation.' Negotiations for the capitulation appear to have commenced immediately after the battle of the Plains on the 13th of September, as Montcalm addressed a letter to Townshend on that day, in which he acknowledged that he was compelled to surrender. On the 14th, M. de Ramesay received a communication from the British Commander referring to the arrangements for carrying out the truce; but the death of Montcalm which occurred on the same day seems to have interrupted the proceedings. There are several variations in the wording alike of the French text and of the English Translation, or version of the Articles of Capitulation, as given by different authorities. Some of these are from French sources, others from English. As indicative of the variations in British official sources we may take the following versions of the introductory clauses of the Capitulation:

Articles de Capitulation demandées par Mr de Ramzay Lieutenant pour le Roy, Commandant les Hautes et Basses Villes de Québec, Chevalier de l'Ordre Royal et Militaire de St Louis, à Son Excellence Monsieur le Général des Troupes de Sa Majesté Britannique: La Capitulation demandée d'autre Part a été accordée par Son Excellence General Townshend, Brigadier des Armes de Sa Majesté Britannique en Amerique, de la Maniere et aux Conditions exprimées cy-dessous:

(Papers relative to the Province of Quebec, ordered to be printed 21st April 1791. Copied in Canadian Archives, Q. 62 A, Pt. 1, p. 103.)

ARTICLES DE CAPITULATION

Demandée par M. de Ramsay, Lieutenant pour le Roi, commandant les Hautes et Basse-villes de Québec, Chef de l'ordre militaire de St. Louis, à son Excellence le Général des Troupes de sa Majesté Britannique. — "La Capitulation demandée de l'autre part, a été accordée par son Excellence l'Amiral Saunders, et son Excellence le Général Townshend, &c. &c. &c. de la manière et condition exprimée ci-dessous."

(Capitulations and Extracts of Treaties Relating to Canada; with His Majesty's Proclamation of 1763, establishing the Government of Quebec, p. 3. Printed by Willian Vondenvelden, Law Printer to the King's Most Excellent Majesty, 1797.)

(Translation)[2]

ARTICLES OF CAPITULATION

Demanded by Mr. de Ramsay, the King's Lieutenant, commanding the high and low Towns of Quebec, Chief of the military order of St. Lewis, to His Excellency the General of the troops of His Britannic Majesty. — "The Capitulation demanded on the part of the enemy, and granted by their Excellencies Admiral Saunders and General Townshend, &c., &c., &c., is in manner and form hereafter expressed."

I.

Mr. de Ramsay demands the honours of war for his Garrison, and that it shall be sent back to the army in safety, and by the shortest route, with arms, baggage, six pieces of brass cannon, two mortars or howitzers, and twelve rounds for each of them. — "The Garrison of the town, composed of Land forces, marines and sailors, shall march out with their arms and baggage, drums beating, matches lighted, with two pieces of french cannon, and twelve rounds for each piece; and shall be embarked as conveniently as possible, to be sent to the first port in France."

II.

That the inhabitants shall be preserved in the possession of their houses, goods, effects, and privileges. — "Granted, upon their laying down their arms."

III.

That the inhabitants shall not be accountable for having carried arms in the defence of the town, for as much as they were compelled to it, and that the inhabitants of the colonies, of both crowns, equally serve as militia. — "Granted."

IV.

That the effects of the absent officers and citizens shall not be touched. — "Granted."

V.

That the inhabitants shall not be removed, nor obliged to quit their houses, until their condition shall be settled by their Britannic, and most Christian Majesties — "Granted."

VI

That the exercise of the Catholic, Apostolic and Roman religion shall be maintained; and that safeguards shall be granted to the houses of the clergy, and to the monasteries, particularly to his Lordship the Bishop of Quebec, who, animated with zeal for religion, and charity for the people of his diocese, desires to reside in it constantly, to exercise, freely and with that decency which his character and the sacred offices of the Roman religion require, his episcopal authority in the town of Quebec, whenever he shall think proper, until the possession of Canada shall be decided by a treaty between their most Christian and Britannic Majesties. — "The free exercise of the Roman religion is granted, likewise safeguards to all religious persons, as well as to the Bishop, who shall be at liberty to come and exercise, freely and with decency, the functions of his office, whenever he shall think proper, until the possession of Canada shall have been decided between their Britannic and most Christian Majesties."

VII.

That the artillery and warlike stores shall be faithfully given up, and that an inventory of them shall be made out. — "Granted."

VIII.

That the sick and wounded, the commissaries, Chaplains, Physicians, Surgeons, Apothecaries, and other people employed in the service of the hospitals, shall be treated conformably to the cartel of the 6th of February, 1759, settled between their most Christian and Britannic Majesties. — "Granted."

IX.

That before delivering up the gate and the entrance of the town to the English troops, their General will be pleased to send some soldiers to be posted as safe-guards upon the churches, convents, and principal habitations. — "Granted."

X.

That the King's Lieutenant, commanding in Quebec, shall be permitted to send information to the marquis de Vaudreuil, Governor General, of the reduction of the place, as also that the General may send advice thereof to the french Ministry. — "Granted."

XI.

That the present capitulation shall be executed according to its form and tenour, without being subject, to non-execution under pretence of reprisals, or for the non-execution of any preceding capitulations. — "Granted."

Duplicates hereof taken and executed by, and between us, at the camp before Quebec, this 18th Day of September, 1759.

CHARLES SAUNDERS,

GEORGE TOWNSHEND,

DE RAMSAY.


The French text of the Articles of Capitulation being the official one, there is no authoritative English version. The English text here given follows that contained in "Capitulations and Extracts of Treaties Relating to Canada," already cited, and which corresponds to the French text there given. This version, as regards the British concessions, is practically identical with that contained in Knox's "Historical Journal of the Campaigns in North America." Vol. II, p. 87, as also in the "Annual Register" for 1759, p. 247. The version contained in "Papers Relative to the Province of Quebec," of 1791, differs slightly from these.

ARTICLES OF CAPITULATION, MONTREAL.[3]

Copie:Articles de Capitulation Entre Son Excellence Le General Amherst Commandant en Chef Les Troupes & Forces de Sa Majesté Britanique En L'Amerique Septentrionale, Et Son Excellence Le Mis de Vaudreüil, Grand Croix de L'Ordre Royal, et Militaire de St Louis, Gouverneur et Lieutenant Général pour Le Roy en Canada.
 
Art: 1er
Toute la Garnison de Montreal doit mettre bas les Armes, et ne Servira point pendant la presente Guerre; immediatement après la Signature de la presente, les Troupes du Roy prendront possession des Portes, et posteront les Gardes necessaires pour maintenir le bon Ordre dans La Ville.Vingt quatre heures après La Signature de la présente Capitulation, Le Général Anglois fera prendre par Les Troupes de Sa Majesté Britanique, possession des portes de La Ville de Montreal et La Garnison Angloise ne poura y Entrer qu'après L'Evacuation des Troupes Francoises.
 
Art: 2
Les Troupes et les Milices qui seront en Garnison dans La Ville de Montreal, En Sortiront par la porte de      avec tous les honeurs de la Guerre, Six pieces de Canon, et Un Mortier, qui seront Chargés dans Le Vaisseau où Le Marquis de Vaudreüil Embarquera, avec dix Coups à tirer par piece. Il En sera Usé de même pour la Garnison des trois Rivieres pour les honeurs de la Guerre.
 
Art: 3
Toutes ces Troupes ne doivent point servir pendant la presente Guerre, et mettront pareillement les Armes bas; le Reste est Accordé.Les Troupes et Milices qui seront en Garnison dans le Fort de Jacques Cartier, Et dans L'Isle Ste Helene, & Autres Forts, seront traittée, de même Et auront les mêmes honeurs; Et ces Troupes Se rendront à Montreal, où aux 3 Rivieres, ou à Quebec, pour y Estre toutes Embarquées pour le premier port de Mer en France, par le plus Court Chemin. Les Troupes qui sont dans nos postes Sitüés sur Nos Frontieres, du Costé de L'Accadie, au Détroit, Michilimakinac, et Autres postes, joüiront des mêmes honeurs et seront Traittées de même.
 
Art: 4
Accordé.Les Milices, après Estre Sorties des Villes et des Forts et Postes Cydessus, retourneront Chez Elles, sans pouvoir Estre Inquiettées, Sous quelque prétexte que ce soit, pour avoir porté Les Armes.
 
Art: 5
Ces Troupes doivent comme les Autres, mettre bas les Armes.Les Troupes qui Tiennent la Campagne Leveront leur Camp, Marcheront, Tambour battant, Armes, bagages et avec leur Artillerie, pour Se joindre à La Garnison de Montreal, Et auront en tout le même Traitement.
 
Art: 6
Refusé.Les Sujets de Sa Majesté Britanique Et de Sa Majesté Très Chretienne, Soldats, Miliciens, ou Matelots, qui auront Désertés, oû Laissé Le Service de leur Souverain, et porté Les Armes dans L'Amerique Septentrionale Seront de part et d'autre pardonés de leur Crime; Ils seront respectivement rendus à leur patrie; Sinon Ils resteront chacun ou Ils sont, sans qu'ils puissent Estre recherchés ni Inquiettés.
 
Art: 7
C'est tout ce qu'on peut demandér sur Cette Article.Les Magazins, L'Artillerie, Fusils, Sabres, Munitions de Guerre et généralement tout ce qui apartient à S. M. T. C. Tant dans les Villes de Montreal et 3 Rivieres, que dans les Forts et Postes Mentionés en L'Article 3, Seront Livrés par des Inventaires Exacts, aux Comissaires qui seront préposés pour les réçevoir au Nom de S.M.B. — Il sera remis au Mis de Vaudreüil des Expeditions en bonne forme des d: Inventaire.
 
Art: 8
Les Malades et Blessés seront Traité de même que Nos propres Gens.Les Officiers, Soldats, Miliciens, Matelots, et Même Les Sauvages détenus pour Cause de leurs Blessures, oú Maladie, tant dans les hopitaux que dans les Maisons particulieres, Joüiront des priviléges du Cartel, et Traittés Conséquament.
 
Art: 9
Le premier Refusé — Il n'y a point eu des Cruautes Commises par les Sauvages de Nôtre Armée: Et le bon Ordre sera maintenu.Le Général Anglois S'Engagera de renvoyer chez Eux Les Sauvages Indiens, Et Moraigans qui font Nombre de Ses Armées, d'abord aprés La Signature de La presente Capitulation, Et Cependant pour prévenir tous désordres de la part de Ceux qui ne Seroient pas partis, Il sera donné par le Général des Sauve-Gardes aux personnes qui En demanderont, tant En Ville que dans les Campagnes.
 
Art: 10
Repondu par L'Article precedent.Le Général de Sa Majesté Britanique garentira tous desordres de la part de Ses Troupes; Les assujettira à payer les domages qu'Elles pouroient faire, tant dans les Villes que dans les Campagnes.
 
Art: 11
Le Marquis de Vaudreuil, Et tous ces Messieurs seront Maitres de leurs Maisons, et s'Embarqueront dès que les Vaisseaux du Roy seront prêts à faire Voile pour l'Europe: Et on leur accordera toutes les Commodités qu'on pourra.Le Général Anglois ne poura obliger Le Mis de Vaudreüil de Sortir de la Ville de Montreal avant le          Et on ne poura Loger personne dans Son hôtel Jusques à Son départ M. Le Cher Levis Comandant Les Troupes de Terre; Les Officiers principaux, Et Majors des Troupes de Terre et de la Colonie, Les Ingenieurs, Officiers d'Artillerie, et Comissaire des Guerres, resteront pareillement à Montreal jusqu'au d. Jour, Et y Conserveront leurs Logemens. Il En Sera Usé de même à L'Egard de M. Bigot Intendant, des Comissaires de La Marine, Et Officiers de plume dont mon d: S. Bigot aura besoin: Et on ne poura Egalement Loger personne à L'Intendance avant Le départ de Cet Intendant.
 
Art: 12
Accordé; Excepté les Archives qui pouront Etre necessaires pour le Gouvernement du païs.Il sera destiné pour le passage en droiture au premier port de Mer en france, du Mis de Vaudreüil, Le Vaïsseau Le plus Comode qui Se trouvera: Il y sera pratiqué Les Logemens Necessaires pour Lui, Made La Marquise de Vaudreüil, M. de Rigaud, Gouverneur de Montreal, Et La Suitte de ce Général. Ce Vaisseau sera pourvû de Subsistances Convenables aux dépens de Sa M Britanique, Et Le Mis de Vaudreüil Emportera avec Lui Ses papiers, Sans qu'ils puissent Estre Visités, Et Il Embarquera Ses Equipages, Vaisselle, bagages, Et Ceux de Sa Suitte. — 
 
Art: 13
Ce que Le Roy pouroit avoir fait à ce Sujet, sera Obéi.Si avant oú aprés L'Embarquement du Mis de Vaudreüil, La Nouvelle de la paix arrivoit, Et que par Le Traitté Le Canada resta à Sa M T. C. Le Mis de Vaudreüil reviendroit à Quebec, ou à Montreal: — Toutes Choses rentreroient dans leur premier Estat sous la domination de Sa M T. C. Et La présente Capitulation deviendroit Nulle et sans Effet quelconques.
 
Art: 14
Accordé: Excepté que M. Le Mis de Vaudreüil, et tous les Officiers de quelque Rang qu'ils puissent être Nous remettrons de bonne foy toutes les Cartes et plans du Païs.Il sera destiné deux Vaisseaux pour le passage en France de M. Le Cher de Levis, des Officiers principaux, Et Estat Major Général des Troupes de Terre; Ingenieurs, Officiers d'Artillerie, Et Gens qui sont à leur Suitte. Ces Vaisseaux seront Egalement pourvûs de Subsisances; Il y sera pratiqué Les Logemens necesaires. Ces Officiers pouront Emporter leurs papiers, qui ne Seront point Visités; Leurs Equipages et Bagages. — Ceux de Ces Officiers qui Seront Mariés auront La Liberté d'Emmener avec Eux leurs Femmes et Enfans, Et la Subsistance leur Sera fournie.
 
Art: 15.
Accordé; avec la même reserve que par l'Article precedent.Il En Sera de même destiné Un pour Le passage de Mr Bigot Intendant et de Sa Suitte, dans lequel Vaisseau, Il sera fait les aménagemens Convenables, pour lui, Et les personnes qu'il Emmenera. Il y Embarquera Egalement Ses papiers, que ne Seront point Visités, Ses Equipages, Vaisselle, et bagages, et Ceux de Sa Suitte. Ce Vaisseau Sera pourvû de Subsistances Comme Il est dit Cy devant.
 
Art: 16
Accordé — .Le Général Anglois fera aussi fournir pour M. de Longueüil Gouverneur des 3. Rivieres, pour les Estats Majors de La Colonie, Et Les Comissaires de La Marine, Les Vaisseaux necessaires pour se rendre En france, Et le plus Comodement qu'il Sera possible; Ils pouront y Embarquer Leurs Familles Domestiques, bagages, et Equipages; Et la Subsistance leur Sera fournie pendant la Traversée sur un pied Convenable, aux dépens de Sa M Britanique.
 
Art: 17
Accordé — .Les Officiers et Soldats, Tant des Troupes de Terre, que de La Colonie, ainsi que les Officiers Marins et Matelots, qui se trouveront dans la Colonie, seront aussi Embarqués pour France, dans les Vaisseaux qui leur Seront Destinés, En Nombre Sufisant, et Le plus Comodement que faire se poura . . . Les Officiers de Troupes et Marins, qui seront mariés pouront Emmener avec Eux leurs Familles; Et tous auront La Liberté d'Embarquer leurs Domestiques et Bagages, Quant aux Soldats et Matelots, Ceux qui Seront Mariés pouront Emmener avec Eux Leurs Femmes et Enfans, Et tous Embarqueront leurs havre Sacs et Bagages. — Il Sera Embarqué dans ces Vaisseaux Les Subsistances Convenables et sufisantes aux dépens de Sa M Britanique.
 
Art: 18
Accordé — .Les Officiers, Soldats, et tous Ceux qui sont à la Suitte des Troupes, qui auront leurs Bagages dans les Campagnes, pouront les Envoyer Chercher avant leur départ, Sans qu'il leur Soit fait aucun Tort, ni Empeschement.
 
Art: 19
Accordé — .

Il Sera fourni par le Général Anglois un Batiment d'hopital pour Ceux des Officiers, Soldats & Matelots, blessés ou Malades, qui seront En Estat d'Estre transportés En france, Et la Subsistance Leur Sera Egalement fournie aux dépens de Sa M Britanique:

Il En Sera Usé de même à L'Egard des Autres Officiers, Soldats, et Matelots, blessés, ou Malades, aussitost qu'ils Seront rétablis. . . Les Uns et les Autres pouront Emmener Leurs Femmes, Enfans, Domestiques, et Bagages; Et les d: Soldats et Matelots ne pouront Etre Sollicités, ni forcés à prendre parti dans Le Service de Sa M Britanique.

 
Art: 20
Accordé — .Il Sera Laissé un Comissaire, et un Ecrivain de Roy pour avoir Soin des hopitaux, et Veiller à tout ce qui aura raport au Service de Sa M Très Chretienne.
 
Art: 21
Accordé, mais s'ils ont des papiers qui concernent le Gouvernement du païs, Ils doivent Nous les remettre.Le General Anglois fera Egalement fournir des Vaisseaux pour Le passage en france des Officiers du Conseil Superieur, de Justice, police, de L'Amirauté, et tous Autres Officiers ayant Comissions où Brevets de Sa M Tres Chretienne, pour Eux, leurs Familles, Domestiques, et Equipages, Comme pour les Autres Officiers: Et La Subsistance leur Sera fournie de même aux dépens de Sa M Britanique. Il leur Sera Cependant Libre de rester dans la Colonie, S'ils le Jugent apropos, pour y arranger Leurs Affaires, ou de Se retirer En france, quand bon Leur Semblera.
 
Art: 22
Tous Ceux dont les Affaires particulieres exigent qu'ils restent dans le païs, et qui en ont la permission de M. Vaudreüil, seront permis de rester Jusqu'a ce que leurs Affaires soient terminées.S'il y a des Officiers Militaires dont les Affaires Exigent leur présence dans la Colonie Jusqu'a L'Année prochaine, Ils pouront y rester, aprés En avoir en La permission du Mis de Vaudreüil, Et sans qu'ils puissent Estre réputés Prisoniers de Guerre.
 
Art: 23
Accordé.Il sera permis au Munitionaire des Vivres du Roy, de demeurer en Canada Jusqu'a L'Année prochaine pour Estre En Estat de faire face aux dettes qu'il a Contractées dans la Colonie, relativement à Ses fournitures; Si néantmoins Il préfere de passer En france cette Année Il sera obligé de Laisser Jusques à L'Année prochaine Une personne pour faire Ses Affaires. Ce particulier Conservera et poura Emporter tous Ses papiers, Sans Estre Visités . . . Ses Comis auront La Liberté de rester dans La Colonie, ou de passer en France, Et dans ce dernier Cas, Le passage et la Subsistance leur Seront Accordés Sur les Vaisseaux de Sa M Britanique, pour Eux, Leurs familles, et leurs bagages.
 
Art: 24
Tout ce qui se trouve dans les Magazins destinés à L'Usage des Troupes, doit être delivré au Commissaire Anglois pour les Troupes du Roy.Les Vivres et Autres aprivisionement qui se trouveront En Nature dans les Magasins du Munitionaire, Tant dans les Villes de Montreal, et des 3. Rivieres que dans les Campagnes, Lui Seront Conservés, Les d: Vivres Lui apartenant et Non au Roy, Et Il lui Sera Loisible de les Vendre aux françois ou aux Anglois.
 
Art: 25
Accordé.Le passage En france Sera Egalement accordé sur les Vaisseaux de Sa M Britanique, ainsi que la Subsistance, à Ceux des Officiers de la Compagnie des Indes qui Voudront y passer, Et Ils Emmeneront leurs familles domestiques et bagages. . . Sera permis à L'Agent principal de la de: Compagnie, Suposé qu'il Voulut passer en france de Laisser telle personne qu'il Jugera apropos Jusques à L'Année prochaine, pour terminer les Affaires de la de. Compie: et faire le recouvrement des Sommes qui lui sont dües. L'Agent principal Conservera tous les Papiers de la de Compagnie, Et Ils ne pouront Estre Visités.
 
Art: 26
Accordé pour ce qui peut appartenir à la Compagnie ou aux particuliers, mais Si Sa Majesté Très Chretienne y a aucune part, Elle doit être au profit du Roy.Cette Compagnie Sera maintenüe dans la proprieté des Ecarlatines et Castors qu'Elle peut Avoir dans La Ville de Montreal; Il n'y Sera point touché, Sous quelque prétexte que ce Soit, Et Il Sera donné à L'Agent principal les facilités Necessaires pour faire passer Cette Année En france Ses Castors Sur les Vaisseaux de Sa M Britanique, En payant le fret sur le pied, que les Anglois le payeroient.
 
Art: 27
Accordé, pour le Libre Exercise de leur Religion. L'Obligation de payer la Dixme aux Prêtres, dependra de la Volonté du Roy.

Le Libre Exercice de la Religion Catolique, Apostolique et Romaine Subsistera En Son Entier; En Sorte que tous Les Estats et les peuples des Villes et des Campagnes, Lieux et postes Eloignés pouront Continuer de S'assembler dans les Eglises, et de frequenter les Sacremens, Comme Cy devant, Sans Estre Inquietés, En Aucune Maniere directement, ni Indirectement.

Ces peuples seront Obligés par le Gouvernement Anglois à payer aux prestres qui en prendront Soin, Les Dixmes, et tous les droits qu'ils avoient Coutume de payér sous le Gouvernement de Sa M tres Chretienne.

 
Art: 28
Accordé — Le Chapitre, Les Prestres, Curés et Missionaires, Continueront avec Entiere Liberté leurs Exercises et fonctions Curiales dans les paroisses des Villes et des Campagnes.
 
Art: 29
Accordé, Excepté ce qui regarde l'Article Suivant.Les Grands Vicaires Només par le Chapitre pour administrer le Dioceze pendant la Vacance du Siege Episcopal, pouront demeurer dans les Villes où paroisses des Campagnes, Suivant qu'ils le Jugeront à propos. Ils pouront En tout Temps Visiter les differentes paroisses du Dioceze, avec les Cérémonies Ordinaires, Et Exercer toute La Jurisdiction qu'ils Exerçoient sous la domination françoise. — Ils Joüiront des mêmes droits En Cas de Mort du futur Evesque, dont Il sera parlé & L'Article Suivant.
 
Art: 30
Refusé. — Si par Le Traitté de paix, Le Canada restoit au pouvoir de Sa M Britanique, Sa M Tres Chretieñe Continueroit à Nomer L'Evesque de La Colonie, qui Seroit toujours de la Comunion Romaine, et Sous L'Autorité duquel les peuples Exerceroient La Religion Romaine.
 
Art: 31
C'est Article est compris sous le precedent.Poura Le Seigneur Evesque Etablir dans le besoin de Nouvelles paroisses, Et pourvoir au rétablissement de Sa Cathedrale et de Son Palais Episcopal; Et Il Aura En Attendant la Liberté de demeurer dans les Villes, ou paroisses, Comme Il le Jugera àpropos. — Il poura Visiter son Dioceze avec les Ceremonies Ordinaire, Et Exercer toute La Jurisdiction que son predecesseur Exerçoit sous la domination francoise; sauf a Exiger de Lui Le Serment de fidelité, ou promesse de ne rien faire, ni rien dire Contre Le Service de Sa M Britanique.
 
Art: 32
Accordé.Les Comunautés de filles Seront Conservées dans leurs Constitutions et privileges. Elles Continüeront d'Observer leurs règles — Elles seront Exemptes du Logement de Gens de Guerre, Et Il Sera fait deffenses de Les Troubler dans Les Exercices de pieté qu'Elles pratiguent, ni d'Entrer chez Elles; On leur donnera même des Sauves Gardes, Si Elles En demandent.
 
Art: 33
Refusé Jusqu'a ce que le plaisir du Roy soit Connu.Le precedent Article Sera pareillement Executé à L'Egard des Comunautés des Jesuites et Recolets, et de la Maison des prestres de St Sulpice à Montreal; Ces derniers et Les Jesuites Conserveront Le droit qu'ils ont de Nomer à Certaines Cures et Missions, Comme Cy devant.
 
Art: 34
Accordé.Toutes les Comunautés, Et tous les prestres Conserveront Leurs Meubles, La proprieté, Et L'Usufruit des Seigneuries, Et Autres biens que les Uns et les Autres possedent dans la Colonie de quelque Nature qu'ils Soient, Et Les d: biens seront Conservés dans leurs priviléges, droits, honeurs, et Exemptions.
 
Art: 35
Ils seront les maitres de disposer de leurs biens, et d'en passer le produit, ainsi que leurs personnes, et tout ce qui leur appartient, En france.

Si Les Chanoines, Prestres, Missionaires, Les Prestres du Seminaire des Missions Etrangeres Et de St Sulpice, ainsi que les Jesuites et Les Recolets, Veulent passer En france, Le passage leur sera Accordé sur les Vaisseaux de Sa Majesté Britanique; Et Tous auront la Liberté de Vendre, En total ou partie, Les biensfonds, Et Mobiliers qu'ils possedent dans la Colonie, soit aux francois, ou aux Anglois, sans que le Gouvernement Britanique puisse y mettre le moindre Empeschement ni Obstacle.

Ils pouront Emporter avec Eux, ou faire passer En france Le produit de quelque Nature qu'il soit, des ds biens Vendus, en payant Le fret, Comme Il est dit à L'Article 26.

Et Ceux d'Entre Ces Prestres qui Voudront passer Cette Année, Seront Nouris pendant La Traversée aux dépens de Sa M Britanique, Et pouront Emporter avec Eux leurs bagages.

 
Art: 36
Accordé.Si par Le Traitté de Paix, Le Canada reste à Sa M Britanique, Tous Les Francois, Canadiens, Accadiens, Comerçant, et Autres personnes qui Voudront se retirer En france, En Auront la permission du Général Anglois qui leur procurera le passage. — Et Néantmoins Si d'icy à Cette décision Il Se trouvoit des comerçans françois où Canadiens, ou Autres personnes qui Voulussent passer En france, Le Général Anglois Leur En donneroit Egalement la permission Les Uns et les Autres Emmeneront avec Eux leurs families domestiques et bagages.
 
Art: 37
Accordé comme par L'Article 26.

Les Seigneurs de Terres, Les Officiers Militaires et de Justice, Les Canadiens, Tant des Villes que des Campagnes, Les francois Etablis ou Comerçant dans toute l'Etendue de La Colonie de Canada, Et Toutes Autres personnes que ce puisse Estre, Conserveront L'Entiere paisible proprieté et possession de leurs biens, Seigneuriaux et Roturiers Meubles et Immeubles, Marchandises, Pelleteries, et Autres Effets, même de Leurs batimens de Mer; Il n'y Sera point touché ni fait le moindre domage, sous quelque prétexte que ce Soit: — Il leur Sera Libre de les Conserver, Loüer, Vendre, Soit aux François, ou aux Anglois, d'En Emporter Le produit En Lettres de Change, pelleteries Especes Sonantes, ou autres retours, Lorsqu'ils Jugeront à propos de passer en france, En payant le fret, Comme à L'Article 26.

Ils Joüiront aussi des pelleteries qui sont dans les postes d'En haut, & qui leur apartiennent, Et qui peuvent même estre En Chemin de se rendre à Montreal. Et à cet Effet, Il leur Sera permis d'Envoyer dès cette Année, ou la prochaine, des Canots Equipés pour Chercher Celles de ces pelleteries qui auront restées dans ces postes.

 
Art: 38
C'est au Roy à disposer de Ses Anciens Sujets: en attendant Ils Joüiront des mêmes privileges que les Canadiens.Tous Les peuples Sortis de L'Accadie qui se trouveront en Canada, y Compris les frontieres du Canada du Costé de L'Accadie, auront Le même Traitement que Les Canadiens, et Joüiront des mêmes privileges qu'Eux.
 
Art: 39
Accordé, Excepté à l'égard des Acadiens.Aucuns Canadiens, Accadiens, ni Francois, de Ceux qui sont presentement en Canada, et sur les frontieres de La Colonie du Costé de L'Accadie du Détroit, Michilimakinac, et Autres Lieux et Postes des paÿs d'Enhaut, ni les Soldats Mariés et non Mariés restant en Canada, ne pouront Estre portés, ni Transmigrés dans les Colonies Angloises, ni en L'Ancienne Angleterre, Et Ils ne pouront Estre recherchés pour avoir pris Les Armes.
 
Art: 40
Accordé, à la reserve du dernier Article qui a dejà été refusé.Les Sauvages oũ Indiens Alliés de Sa M tres Chretienne Seront maintenus dans Les Terres qu'ils habitent, S'ils Veulent y rester; Ils ne pouront Estre Inquietés Sous quelque prétexte que ce puisse Estre, pour avoir pris les Armes et Servi Sa Ma très Chretienne. — Ils auront Comme les François, la Liberté de Religion et Conserveront leurs Missionaires. — Il sera permis aux Vicaires généraux Actuels Et à L'Eveque, lorsque Le Siege Episcopal Sera rempli, de leur Envoyer de Nouveaux Missionaires Lorsqu'ils Le Jugeront Necessaire.
 
Art: 41
Ils deviennent Sujets du Roy.Les francois, Canadiens, Et Accadiens, qui resteront dans La Colonie, de quelque Estat et Condition qu'ils Soient, ne Seront, ni ne pouront Estre forcés a prendre les Armes Contre Sa M très Chretienne, ni Ses Alliés, directement, ni Indirectement, dans quelque Occasion que ce Soit. Le Gouvernement Britanique ne poura Exiger d'Eux qu'Une Exacte Neutralité.
 
Art: 42
Répondu par les Articles précedents, et particulierement par le dernier.Les francois et Canadiens Continüeront d'Estre Gouvernés Suivant La Coutume de Paris et les Loix et Usages Etablis pour ce pays; Et Ils ne pouront Estre Assujettis à d'Autres Impots qu'a Ceux qui Estoient Etablis sous la domination françoise.
 
Art: 43
Accordé avec la reserve déja faite. — Les papiers du Gouvernement resteront sans Exception au pouvoir du Mis de Vaudreüil, Et passeront en france avec lui. Ces papiers ne pouront Estre Visites sous quelque prétexte que ce Soit.
 
Art: 44
Il en est de même de cet Article.Les papiers de L'Intendance, des Bureaux du Controle de La Marine, des Trésoriers Ancien et Nouveau, des Magazins du Roy, du Bureau du Domaine et des forges St Maurice, resteront au pouvoir de M. Bigot Intendant, Et Ils Seront Embarqués pour france dans le Vaisseau ou Il passera. Ces papiers ne Seront point Visités.
 
Art: 45
Accordé. — Les Registres et Autres papiers du Conseil Superieur de Quebec, de la Prevosté Et Amirauté de la même Ville, Ceux des Jurisdictions Royales des trois Rivieres et de Montreal; Ceux des Jurisdictions Seigneuriales de la Colonie; Les Minutes des Actes des Notaires des Villes et des Campagnes, Et généralement Les Actes & Autres papiers qui peuvent Servir à Justifier L'Estat et la fortune des Citoyens, resteront dans La Colonie dans les Greffes des Jurisdictions dont Ces papiers dépendent.
 
Art: 46.
Accordé. — Les Habitans et Négocians Joüiront de tous les priviléges du Comerce aux mêmes faveurs Et Conditions accordées aux Sujets de Sa Majesté Britanique, tant dans les pays d'Enhaut que dans L'Interieur de La Colonie.
 
Art: 47
Accordé, Excepté Ceux qui auront étés faits Prisonniers.Les Negres et panis des deux Séxes, resteront En leur qualité d'Esclaves, en la possession des françois et Canadiens à qui Ils apartiennent; Il leur Sera libre de les garder à leur Service dans la Colonie, où de les Vendre, Et Ils pouront aussi Continuer à les faire Elever dans la Religion Romaine. — 
 
Art: 48
Accordé. — Il Sera permis au Mis de Vaudreüil, aux Officiers généraux et Superieurs des Troupes de Terre; Aux Gouverneurs et Etats Majors des differentes places de la Colonie; Aux Officiers Militaires et de Justice, Et à toutes Autres personnes qui Sortiront de la Colonie, ou qui sont deja absents, de Nommer et Etablir des procureurs pour Agir pour Eux Et en leur Nom, dans l'administration de leurs biens Meubles et Immeubles, Jusqu'a ce que la paix Soit faite. Et si par le Traitté des deux Courones Le Canada ne rentre point Sous La domination françoise, Ces Officiers, ou Autres personnes, ou procureurs pour Eux, auront L'agrement de Vendre leurs Seigneuries, Maisons, et Autres biensfonds, Leurs Meubles et Effets, &ca, d'En Emporter, ou faire passer Le produit en france, Soit En Lettres de Change, Espèces Sonantes, pelleteries, ou Autres Retours, Comme Il Est dit à L'Article 37.
 
Art: 49
Accordé. — Les habitans et Autres personnes qui auront Soufert quelque domage En leurs biens, Meubles ou Immeubles restés à Quebec Sous la foy de la Capitulation de Cette Ville, pouront faire leurs répresentations au Gouvernement Britanique qui leur rendra La Justice, qui leur Sera düe Contre qui Il apartiendra.
 
Art: 50 Et Dernier
Accordé. — La presente Capitulation Sera Inviolablement Executée En tous Ses Articles, de part et d'autre et de bonne foy, Non obstant toute Infraction et tout autre prétexte par Raport aux précedentes Capitulations, et Sans pouvoir Servir de réprésailles.
 
Art: 51
On Aura Soin que les Sauvages, n'insulte aucun des Sujets de Sa Majesté Très Chrêtienne.Le Général Anglois S'Engagera, En Cas qu'il reste des Sauvages, après La Redition de Cette Ville, à Empécher qu'ils n'Entrent dans Les Villes et qu'ils n'Insultent en Aucune Maniere, Les Sujets de Sa M Très Chrêtienne.
 
Art: 52
Repondu par L'Article 11eLes Troupes et Autres Sujets de Sa M Très Chretienne, qui doivent passer En france, Seront Embarquées Quinze Jours au plus tard, après La Signature de la présente Capitulation.
 
Art: 53
Accordé.Les Troupes et Autres Sujets de Sa M très Chretienne, qui devront passer En france, resteront Logées, ou Campées dans la Ville de Montreal, Et Autres postes qu'Elles occupent présentement Jusqu'au moment oũ Elles seront Embarquées pour le départ. — Il sera néantmoins Accordé des passeports à Ceux qui En auront besoin, pour Les differens Lieux de la Colonie pour Aller Vaquer à leurs Affaires.
 
Art: 54
AccordéTous les Officiers et Soldats des Troupes au Service de France qui Sont prisonniers à la Nouvelle Angleterre, et faits En Canada, Seront renvoyés Le plustost qu'il Sera possible En france, oũ Il Sera Traitté de leur Rançon, ou Echange, Suivant Le Cartel; Et Si quelques Uns de Ces Officiers avoient des Affaires En Canada, Il leur Sera permis d'y Venir.
 
 
Art: 55
Accordé à la reserve de ce qui regarde les Acadiens.Quant aux Officiers de Milices aux Miliciens, et aux Accadiens qui sont prisoniers à la Nouvelle Angleterre, Ils Seront renvoyés Sur leurs Terres.
 
Fait au Camp devant Montreal ce 8e Septembre 1760fait a Montréal le 8 Sepe 1760
VAUDREÜIL.

JEFF: AMHERST

endorsed: Copy — 

Articles of Capitulation — 

Granted to the Marquis de Vaudreüil. — 

8th Sepr 1760.


The Articles of Capitulation of Montreal as here given, are taken from the copy enclosed in the despatch of General Amherst to Pitt, dated "Camp of Montreal," 8th Sept., 1760, as contained in Vol. 93 of the papers relating to "America and the West Indies," in the Public Record Office. Another text is given in the "Capitulations and Extracts of Treaties Relating to Canada," 1797. In his despatch to Pitt, Gen. Amherst thus alludes to the circumstances of the capitulation: — "7th in the morning two Officers came to an advanced Post with a Letter from the Marquis de Vaudreuil, referring me to what one of them, Le Colonel Bouguinville, had to say." (Proposing a truce for a month.) "The conversation ended with a Cessation of Arms 'till twelve o'clock, at which time the Proposals came. I returned mine, and wrote to the Marquis de Vaudreuil, this was followed by another letter from the Governour, I sent my Answer; I then received a Letter from Monsieur de Levis which I answered. The Troops lay on their Arms at Night, and soon after day I had a Letter from the Marquis de Vaudreuil, which I answered, and sent Major Abercrombie into Town, to bring me the Articles of Capitulation, signed by the Marquis de Vaudreuil of which I have sent him a duplicate, signed by me, and Colonel Haldimand with the Grenadiers and Light Infantry of the Army has taken possession of a Port and will proceed tomorrow in fulfilling the Articles of Capitulation. * * * I enclose to you, Sir, a Copy of the Articles of Capitulation with Copys of all the Letters that have passed for your information of the whole Transaction."

An account of the proceedings connected with the Capitulation of Montreal, from the French side, is given in a document entitled "Suite de la Campagne en Canada"; 1760, in the "Collection de Documents Relatifs à l'Histoire de la Nouvelle-France." Quebec, 1885, vol. IV,. pp. 304-6. From this, among other French documents relative to this event, we learn that on the evening of Sept. 6th, the Marquis de Vaudreuil summoned the leading officers of the land and marine forces to meet at his quarters to discuss the general situation and consider terms of capitulation which had been drawn up and which were read by the Intendant Bigot. The impossibility of any longer maintaining a successful resistance was generally acknowledged, and M. de Bougainville was commissioned to propose to General Amherst, on the morning of the 7th, a general cessation of hostilities, awaiting possible news of a peace between the two countries. But, should Amherst not agree, he was authorized to propose the terms of capitulation which had been read before the council of war. The 7th was occupied with these negotiations, the submission of the French terms, and the reception of General Amherst's reply. During the evening of that day there took place a vigorous interchange of views verbal and written, between the Chevalier de Lévis and his chief officers, on the one hand, and the Marquis de Vaudreuil, on the other, in which the officers strenuously objected to the conditions imposed by Amherst and advocated a desperate resistance in the hope of securing better terms for the army. Vaudreuil, however, refused to sacrifice the general welfare of the colony in a futile support of the professional pride of the officers. Hence, notwithstanding his vigorous protests, Lévis was ordered to submit to the terms prescribed by Amherst. Although Vaudreuil appears to have acted for the best, his course was severely criticized by the French Court at the time.

(Translation)[4]

ARTICLES OF CAPITULATION

Between their Excellencies Major GENERAL AMHERST, Commander in Chief of his Britannic Majesty's troops and forces in North-America, on the one part, and the Marquis de Vaudreuil, &c. Governor and Lieuttenant-General for the King in Canada, on the other.

Article Ist.

Twenty-four hours after the signing of the present capitulation, the British General shall cause the troops of his Britannic Majesty to take possession of the Gates of the town of Montreal; and the British Garrison shall not enter the place till after the French troops shall have evacuated it. — "The whole Garrison of Montreal must lay down their arms, and shall not serve during the present war. Immediately after the signing of the present capitulation, the King's troops shall take possession of the gates, and shall post the Guards necessary to preserve good order in the town."

Article IId.

The troops and the militia, who are in Garrison in the town of Montreal, shall go out by the gate of Quebec, with all the honours of war, six pieces of cannon and one mortar, which shall be put on board the vessel where the Marquis de Vaudreuil shall embark, with ten rounds for each piece; and the same shall be granted to the Garrison of the Three Rivers, as to the honours of war. — "Referred to the next article."

Article IIId.

The troops and militia, who are in Garrison in the Fort of Jacques Cartier, and in the Island of St. Helen, and other forts, shall be treated in the same manner, and shall have the same honours; and these troops shall go to Montreal, or the Three Rivers or Quebec; to be there embarked for the first sea port in France, by the shortest way. The troops, who are in our posts, situated on our frontiers, on the side of Acadia, at Detroit, Michilimaquinac, and other posts, shall enjoy the same honours, and be treated in the same manner. — "All these troops are not to serve during the present war, and shall likewise lay down their arms, the rest is granted."

Article IVth

The Militia after evacuating the above towns, forts and posts, shall return to their habitations, without being molested on any pretence whatever, on account of their having carried arms. — "Granted."

Article Vth

The troops, who keep the field, shall raise their camp, drums beating, with their arms, bagage and artillery, to join the garrison of Montreal, and shall be treated in every respect the same. — "These troops, as well as the others, must lay down their arms."

Article VIth

The Subjects of his Britannic Majesty, and of his most Christian Majesty, Soldiers, Militia or Seamen, who shall have deserted or left the service of their Sovereign, and carried arms in North-America, shall be, on both sides pardoned for their crime; they shall be respectively returned to their country; if not, each shall remain where he is without being sought after or molested. — "Refused."

Article VII.

The Magazines, the artillery, firelocks, sabres, ammunition of war, and, in general every thing that belongs to his most Christian Majesty, as well in the towns of Montreal and Three Rivers, as in the forts and post mentioned in the Third article shall be delivered up, according to exact Inventories, to the commissaries who shall be appointed to receive the same in the name of his Britannic Majesty. Duplicates of the said Inventories shall be given to the Marquis de Vaudreuil. — "This is every thing that can be asked on this article."

Article VIII.

The Officers, Soldiers, Militia, Seamen and even the Indians, detained on account of their wounds or sickness, as well as in the hospital, as in private houses, shall enjoy the privileges of the cartel, and be treated accordingly. — "The sick and wounded shall be treated the same as our own people."

Article IX

The British General shall engage to send back, to their own homes, the Indians, and Moraignans, who make part of his armies, immediately after the signing of the present capitulation, and, in the mean time, the better to prevent all disorders on the part of those who may not be gone away, the said Generals shall give safe-guards to such persons as shall desire them, as well in the town as in the country. "The first part refused." — "There never have been any cruelties committed by the Indians of our army: and good order shall be preserved."

Article X

His Britannic Majesty's General shall be answerable for all disorders on the part of his troops, and shall oblige them to pay the Damages they may do, as well in the towns as in the country. — "Answered by the preceding article."

Article XI

The British General shall not oblige the Marquis de Vaudreuil to leave the town of Montreal before..............and no person shall be quartered in his house till he is gone. The Chevalier de Levis, Commander of the land forces and colony troops, the Engineers, Officers of the Artillery, and Commissary of war, shall also remain at Montreal till the said day, and shall keep their lodgings. The same shall be observed with regard to M. Bigot, Intendant, the Commissaries of Marines and writers, whom the said M. Bigot shall have occasion for, and no person shall be lodged at the Intendant's house before he shall take his departure. — "The Marquis de Vaudreuil, and all these gentlemen, shall be masters of their houses, and shall embark, when the King's ship shall be ready to sail for Europe; and all possible conveniences shall be granted them."

Article XII

The most convenient vessel that can be found shall be appointed to carry the Marquis de Vaudreuil, M. de Rigaud, the Governor of Montreal, and the suite of this General, by the straitest passage to the first sea port in France; and every necessary accommodation shall be made for them. This vessel shall be properly victualled at the expence of his Britannic Majesty: and the Marquis de Vaudreuil shall take with him his papers, without their being examined, and his equipages, plate, baggage, and also those of his retinue. — "Granted, except the archives which shall be necessary for the Government of the country."

Article XIII

If before, or after, the embarkation of the Marquis de Vaudreuil, news of Peace should arrive, and, that by treaty, Canada should remain to his most Christian Majesty, the Marquis de Vaudreuil shall return to Quebec or Montreal; every thing shall return to its former state under the Dominion of his most Christian Majesty, and the present capitulation shall become null and of no effect. — "Whatever the King may have done, on this subject, shall be obeyed."

Article XIV

Two ships will be appointed to carry to France, le Chevalier de Levis, the principal officers, and the staff of the Land forces, the Engineers, officers of Artillery, and their domestics. These vessels shall likewise be victualled, and the necessary accommodation provided in them. The said officers shall take with them their papers, without being examined, and also, their equipages and bagage. Such of the said officers as shall be married, shall have liberty to take with them their wives and children, who shall also be victualled. — Granted, "except that the Marquis de Vaudreuil and all the officers, of whatever rank they may be, shall faithfully deliver to us all the charts and plans of the country."

Article XV

A vessel shall also be appointed for the passage of Mr. Bigot, the Intendant, with his suite; in which vessel the proper accommodation shall be made for him, and the persons he shall take with him: he shall likewise embark with him his papers, which shall not be examined: his equipages, plate, baggage and those of his suite: this vessel shall be victualled as before mentioned. — "Granted, with the same reserve, as in the preceding article."

Article XVI

The British General shall also order the necessary and most convenient vessels to carry to France M. de Longueuil, Governor of Trois Rivieres, the staff of the colony, and the Commissary of the Marine; they shall embark therein their families, servants, baggage and equipages, and they shall be properly victualled, during the passage, at the expence of his Britannic Majesty. — "Granted."

Article XVII

The officers and soldiers, as well as of the Land-forces, as of the colony, and also the Marine Officers, and Seamen, who are in the colony, shall be likewise embarked for France, and sufficient and convenient vessels shall be appointed for them. The Land and sea officers, who shall be married, shall take with them their families, and all of them shall have liberty to embark their servants and baggage. As to the soldiers and seamen, those who are married shall take with them their wives and children, and all of them shall embark their haversacks and baggage; these vessels shall be properly and sufficiently victualled at the expence of his Britannic Majesty. — "Granted."

Article XVIII

The officers, soldiers and the followers of the troops, who shall have their baggage in the fields, may send for it before they depart, without any hindrance or molestation. — "Granted."

Article XIX

An hospital ship shall be provided by the British General, for such of the wounded and sick officers, soldiers and seamen as shall be in a condition to be carried to France, and shall likewise be victualled at the expence of his Britannic Majesty. It shall be the same with regard to the other wounded and sick officers, soldiers and sailors, as soon as they shall be recovered. They shall have liberty to carry with them their wives, children, servants and baggage; and the said soldiers and sailors shall not be solicited nor forced to enter into the service of his Britannic Majesty. — "Granted."

Article XX

A Commissary and one of the King's Writers, shall be left to take care of the hospitals, and whatever may relate to the service of his most Christian Majesty. — "Granted."

Article XXI

The British General shall also provide ships for carrying to France the officers of the supreme council, of justice, police, admiralty, and all other officers, having commissions or brevets from his most Christian Majesty, for them, their families, servants and equipages, as well as for the other officers: and they shall likewise be victualled at the expence of his Britannic Majesty. They shall, however, be at liberty to stay in the colony, if they think proper to settle their affairs, or to withdraw to France whenever they think fit. — "Granted, but if they have papers relating to the Government of the country, they are to be delivered up to us."

Article XXII

If there are any Military officers, whose affairs should require their presence in the colony till the next year, they shall have liberty to stay in it, after having obtained the permission of the Marquis de Vaudreuil for that purpose, and without being reputed prisoners of war. — "All those whose private affairs shall require their stay in the country, and who shall have the Marquis de Vaudreuil's leave for so doing, shall be allowed to remain till their affairs are settled."

Article XXIII

The Commissary for the King's provisions shall be at liberty to stay in Canada till next year, in order to be enabled to answer the debts he has contracted in the colony, on account of what he has furnished; but, if he should prefer to go to France this year, he shall be obliged to leave, till next year, a person to transact his business. This private person shall preserve, and have liberty to carry off, all his papers, without being inspected. His clerks shall have leave to stay in the colony or go to France; and in this last case, a passage and subsistence, shall be allowed them on board the ships of his Britannic Majesty, for them, their families, and their baggage. — "Granted."

Article XXIV

The provisions and other kind of stores, which shall be found in the Magazines of the commissary, as well in the towns of Montreal, and of the Three-Rivers, as in the country, shall be preserved to him, the said provisions belonging to him, and not to the King; and he shall be at liberty to sell them to the French and English. — "Everything that is actually in the magazines, destined for the use of the troops, is to be delivered to the British commissary, for the King's forces."

Article XXV

A passage to France shall likewise be granted, on board of his Britannic Majesty's ships, as well as victuals to such officers of the India company as shall be willing to go thither, and they shall take with them their families, servants and baggage. The Chief agent of the said Company, in case he should chuse to go to France, shall be allowed to leave such person as he shall think proper till next year, to settle the affairs of the said Company, and to recover such sums as are due to them. The said chief agent shall keep possession of all the papers belonging to the said company, and they shall not be liable to inspection. — "Granted."

Article XXVI

The said company shall be maintained in the property of the Ecarlatines and Castors, which they may have in the town of Montreal; they shall not be touched under any pretence whatever, and the necessary Licences shall be given to the Chief Agent, to send this year his Castors to France, on Board his Britannic Majesty's ships, paying the freight on the same footing as the British would pay it. — "Granted, with regard to what may belong to the company, or to private persons; but if his Most Christian Majesty has any share in it, that must become the property of the King."

Article XXVII

The free exercise of the Catholic, Apostolic, and Roman Religion, shall subsist entire, in such manner that all the states and the people of the Towns and countries, places and distant posts, shall continue to assemble in the churches, and to frequent the sacraments as heretofore, without being molested in any manner, directly or indirectly. These people shall be obliged, by the English Government, to pay their Priests the tithes, and all the taxes they were used to pay under the Government of his most Christian Majesty. — "Granted, as to the free exercise of their religion, the obligation of paying the tithes to the Priests will depend on the King's pleasure."

Article XXVIII

The Chapter, Priests, Curates and Missionaries shall continue, with an entire liberty, their exercise and functions of cures, in the parishes of the towns and countries. — "Granted."

Article XXIX

The Grand Vicars, named by the Chapter to administer to the diocese during the vacancy of the Episcopal see, shall have liberty to dwell in the towns or country parishes, as they shall think proper. They shall at all times be free to visit the different parishes of the Diocese with the ordinary ceremonies, and exercise all the jurisdiction they exercised under the French Dominion. They shall enjoy the same rights in case of the death of the future Bishop, of which mention will be made in the following article. — "Granted, except what regards the following article."

Article XXX

If by the treaty of peace, Canada should remain in the power of his Britannic Majesty, his most Christian Majesty shall continue to name the Bishop of the colony, who shall always be of the Roman communion, and under whose authority the people shall exercise the Roman Religion. — "Refused."

Article XXXI

The Bishop shall, in case of need, establish new parishes, and provide for the rebuilding of his Cathedral and his Episcopal palace; and, in the mean time, he shall have the liberty to dwell in the towns or parishes, as he shall judge proper. He shall be at liberty to visit his Diocese with the ordinary ceremonies, and exercise all the jurisdiction which his predecessor exercised under the French Dominion, save that an oath of fidelity, or a promise to do nothing contrary to his Britannic Majesty's service, may be required of him. — "This article is comprised under the foregoing — 

Article XXXII

The communities of Nuns shall be preserved in their constitutions and privileges; they shall continue to observe their rules, they shall be exempted from lodging any military; and it shall be forbid to molest them in their religious exercises, or to enter their monasteries: safe-guards shall even be given them, if they desire them. — "Granted."

Article XXXIII

The preceding article shall likewise be executed, with regard to the communities of Jesuits and Recollects and of the house of the priests of St. Sulpice at Montreal; these last, and the Jesuits, shall preserve their right to nominate to certain curacies and missions, as heretofore. — "Refused till the King's pleasure be known."

Article XXXIV

All the communities, and all the priests, shall preserve their moveables, the property and revenues of the Seignories and other estates, which they possess in the colony, of what nature soever they be; and the same estates shall be preserved in their privileges, rights, honours, and exemptions. — "Granted."

Article XXXV.

If the Canons, Priests, Missionaries, the Priests of the seminary of the foreign Missions, and of St. Sulpice, as well as the Jesuits, and the Recollects, chuse to go to France, a passage shall be granted them in his Britannic Majesty's ships, and they shall have leave to sell, in whole, or in part, the estates and moveables which they possess in the colonies, either to the French or to the English, without the least hindrance or obstacle from the British Government. — They may take with them, or send to France, the produce of what nature soever it be, of the said goods sold, paying the freight, as mentioned in the XXVIth article; and such of the said Priests, who chuse to go this year, shall be victualled during the passage, at the expence of his Britannic Majesty; and they shall take with them their baggage. — "They shall be masters to dispose of their estates and to send the produce thereof, as well as their persons, and all that belongs to them to France."

Article XXXVI.

If by the treaty of Peace, Canada remains to his Britannic Majesty, all the French, Canadians, Acadians, Merchants and other persons who chuse to retire to France, shall have leave to do so from the British General, who shall procure them a passage: and nevertheless, if, from this time to that decision, any French, or Canadian Merchants or other persons, shall desire to go to France; they shall likewise have leave from the British General. Both the one and the other shall take with them their families, servants, and baggage. — "Granted."

Article XXXVII

The Lords of Manors, the Military and Civil officers, the Canadians as well in the Towns as in the country, the French settled, or trading, in the whole extent of the colony of Canada, and all other persons whatsoever, shall preserve the entire peaceable property and possession of the goods, noble and ignoble, moveable and immoveable, merchandizes, furs and other effects, even their ships; they shall not be touched, nor the least damage done to them, on any pretence whatever. They shall have liberty to keep, let or sell them, as well to the French as to the British; to take away the produce of them in Bills of exchange, furs, specie or other returns, whenever they shall judge proper to go to France, paying their freight, as in the XXVIth Article. They shall also have the furs which are in the posts above, and which belong to them, and may be on the way to Montreal; and, for this purpose, they shall have leave to send, this year, or the next, canoes fitted out, to fetch such of the said furs as shall have remained in those posts. — "Granted as in the XXVIth article."

Article XXXVIII

All the people who have left Acadia, and who shall be found in Canada including the frontiers of Canada on the side of Acadia, shall have the same treatment as the Canadians, and shall enjoy the same privileges. — "The King is to dispose of his ancient Subjects: in the mean time, they shall enjoy the same privileges as the Canadians."

Article XXXIX

None of the Canadians, Acadians or French, who are now in Canada, and on the frontiers of the colony, on the side of Acadia, Detroit, Michillimaquinac, and other places and posts of the countries above, the married and unmarried soldiers, remaining in Canada, shall be carried or transported into the British colonies, or to Great-Britain, and they shall not be troubled for having carried arms — "Granted, except with regard to the Acadians."

Article XL

The Savages or Indian allies of his most Christian Majesty, shall be maintained in the Lands they inhabit; if they chuse to remain there; they shall not be molested on any pretence whatsoever, for having carried arms, and served his most Christian Majesty; they shall have, as well as the French, liberty of religion, and shall keep their missionaries. The actual Vicars General, and the Bishop, when the Episcopal see shall be filled, shall have leave to send to them new Missionaries when they shall judge it necessary. — "Granted except the last article, which has been already refused."

Article XLI

The French, Canadians, and Acadians of what state and condition soever, who shall remain in the colony, shall not be forced to take arms against his most Christian Majesty, or his Allies, directly or indirectly, on any occasion whatsoever; the British Government shall only require of them an exact neutrality. — "They become Subjects of the King."

Article XLII

The French and Canadians shall continue to be governed according to the custom of Paris, and the Laws and usages established for this country, and they shall not be subject to any other imposts than those which were established under the French Dominions. — "Answered by the preceding articles, and particularly by the last."

Article XLIII

The Papers of the Government shall remain without exception, in the power of the Marquis de Vaudreuil and shall go to France with him. These papers shall not be examined on any pretence whatsoever. — "Granted, with the reserve already made."

Article XLIV

The papers of the Intendancy, of the offices of Comptroller of the Marine, of the ancient and new treasurers, of the Kings magazines, of the offices of the Revenues and forges of St. Maurice, shall remain in the power of M. Bigot, the Intendant; and they shall be embarked for France in the same vessel with him; these papers shall not be examined. — "The same as in this article."

Article XLV

The Registers, and other papers of the Supreme Council of Quebec, of the Prévoté, and Admiralty of the said city; those of the Royal Jurisdictions of Trois Rivieres and of Montreal; those of the Seignorial Jurisdictions of the colony; the minutes of the Acts of the Notaries of the towns and of the countries; and in general, the acts, and other papers, that may serve to prove the estates and fortunes of the Citizens, shall remain in the colony, in the rolls of the jurisdictions on which these paper depend. "Granted."

Article XLVI

The inhabitants and Merchants shall enjoy all the privileges of trade, under the same favours and conditions granted to the subjects of his Britannic Majesty, as well as in the countries above, as the interior of the colony. — "Granted."

Article XLVII

The Negroes and panis of both sexes shall remain, in their quality of slaves, in the possession of the French and Canadians to whom they belong; they shall be at liberty to keep them in their service in the colony or to sell them; and they may also continue to bring them up in the Roman Religion. — "Granted, except those who shall have been made prisoners."

Article XLVIII

The Marquis de Vaudreuil, the General and Staff Officers of the land-forces, the Governors and Staff officers of the different places of the colony, the Military and Civil officers, and all other persons who shall leave the colony, or who are already absent, shall have leave to name and appoint Attornies to act for them, and in their name in the administration of their effects, moveable and immoveable, until the peace; and, if, by the treaty between the two crowns, Canada does not return under the French dominions, these officers, or other persons, or attornies for them, shall have leave to sell their manors, houses, and other estates, their moveables and effects, &c., to carry away or send to France, the produce thereof, either in bills of exchange, specie, furs or other returns, as is mentioned in the XXXVIIth Article. — "Granted."

Article XLIX

The inhabitants, and other persons, who shall have suffered any damage in their goods, moveable or immoveable, which remained at Quebec, under the faith of the capitulation of that city, may make their representations to the British Government, who shall render them due justice against the person to whom it shall belong. — "Granted."

Article L. and last.

The present capitulation shall be inviolably executed in all its articles, and bonâ fide, on both sides, notwithstanding any infraction, and any other pretence, with regard to the preceding capitulations, and without making use of reprisals. — "Granted."

POSTSCRIPT

Article LI

The British General shall engage, in case any Indians remain after the surrender of this town, to prevent their coming into the towns, and that they do not, in any manner, insult the subjects of his Most Christian Majesty. — "Care shall be taken that the Indians do not insult any of the subjects of his Most Christian Majesty."

Article LII

The troops and other Subjects of his Most Christian Majesty, who are to go to France, shall be embarked, at latest, fifteen days after the signing of the present capitulation. — "Answered by the XIth Article."

Article LIII

The Troops and other subjects of his Most Christian Majesty, who are to go to France, shall remain lodged and incamped in the town of Montreal, and other posts which they now occupy, till they shall be embarked for their departure: passeports, however, shall be granted to those who shall want them, for the different places of the colony, to take care of their affairs. — "Granted."

Article LIV

All the officers and soldiers of the troops in the service of France, who are prisoners in New-England: and who were taken in Canada, shall be sent back, as soon as possible, to France, where their ransom or exchange shall be treated of, agreeable to the cartel; and if any of these officers have affairs in Canada, they shall have leave to come there. — "Granted."

Article LV

As to the officers of the Militia, the Militia, and the Acadians, who are prisoners in New-England, they shall be sent back to their Countries.

Done at Montreal, the 8th of September, 1760.

"VAUDREUIL."

Granted except what regards the Acadians. Done in the Camp before Montreal, the 8th September, 1760.

"JEFFERY AMHERST."


As in the case of the Articles of Capitulation of Quebec, the English version of the Articles of Capitulation of Montreal, here given, follows that in "Capitulations and Extracts of Treaties Relating to Canada," 1797. Other versions with slight variations are to be found in Knox's "Journal" Vol. II., p. 423, in "Documents Relative to the Colonial History of the State of New York," Vol. X., p. 1107, and in the "Annual Register" for 1760, p. 222.

COMMISSION AS JUDGE TO JACQUES ALLIER[5]

Par son Excellence Monseigneur Jacques Murray Brigadier Général et Commendant en chef des Troupes de sa Majesté Britannique dans le Fleuve St Laurent Gouvernement de Quebec et des pays conquis — 

Etant necessaire pour le bien et l'avantage des habitants des paroisses de Berthier et suivantes jusqu'à Kamouraska inclusivement et maintenir la police et le bon ordre dans les dites paroisses, d'y établir . . . justice. Ayant reconnu la bonne vie et mœurs et capacité en fait de justice de M. Jacques Allier, l'avons nommé et nommons juge civil & criminel, pour exercer dans les dites paroisses la justice sauf l'appel en la ville de Quebec devant le colonel Young juge civil et criminel en dernier ressort de la dite ville et païs conquis. Pour par mon dit Sieur Allier, jouir de la dite charge, aux charges, droits et honneurs et prérogatives y attachés — Ordonnons au dit Sieur Allier de recevoir les dites commissions sous peine de désobéissance après avoir prêté le serment entre nos mains sur les Saints Evangiles de s'acquitter en foi âme et conscience des devoirs de sa charge.

En foy de quoi nous avons signé ces presentes à icelles fait apposer le cachet de nos armes et contresigner par notre secretaire, — à Quebec — le seize Janvier — mil sept cent soixante — 

(Signé)

L. S.

JAS. MURRAY.

Par Monseigneur

H. T. Cramahé — 


This appointment is apparently the first formal step taken, beyond the city of Quebec where, as we find, Colonel Young had been appointed civil and criminal judge, towards the regular administration of law within the conquered territory. Wolfe had issued several proclamations or manifestoes to the people below Quebec, promising protection to life and property on condition that they should lay down their arms; but before the capture of the city these had little effect. After the capitulation of Quebec, General Monckton, upon whom the command devolved in succession to Wolfe, published a manifesto permitting the inhabitants to return to their farms on giving up their arms and taking the oath of fidelity. These conditions most of the people in the villages and districts tributary to Quebec complied with. Writing to Pitt, October 8th, 1759, General Monckton explained that, owing to wounds received at the capture of Quebec, the surgeons had urged him to go south for the winter. He had therefore appointed "Brigadier Murray to act as Governor and Colonel Burton (who is second in Command) as Lieutenant Governor untill His Majesty's Pleasure be known, to which I have added the following very necessary Staff: — 

A Town Major

2 Town Adjutants for the upper & Lower Towns.

A Secretary.

A paymaster of the publick works.

A Barrack Master.

A Boat Master, to take care of the flatt bottomed Boats and floating Batteries, with some few others of inferior Rank, as Assistants.

As General Wolfe had appointed a Provost Marshal and had delayed giving him a Warrant only for the want of a Form, he being a very necessary officer here, I have given him a Warrant to act as such untill His Majesty's Pleasure be known." A. and W. I., vol. 88.

(Translation.)

By his Excellency James Murray, Brigadier General and Commander in Chief of His British Majesty's troops in the River St. Lawrence, Government of Quebec and the conquered territory.

It being found necessary for the wellbeing and profit of the inhabitants of the parish of Berthier and those lying beyond as far as Kamouraska inclusive, and for the maintenance of the police and good order in the said parishes, to establish Courts of justice therein, and knowing well the exemplary life, sound morals and capacity for the administration of justice of Mr. Jacques Allier, we have appointed and hereby do appoint him civil and criminal judge to execute justice in the aforesaid parishes — save in the matter of appeal in the town of Quebec before Colonel Young, the civil and criminal judge in final appeals of the aforesaid town and conquered territory. And that the said Sieur Allier may enjoy the said office with the fees, emoluments, rights, honours and prerogatives thereto appertaining — We order the said Sieur Allier to receive the said commissions under penalty of disobedience, after having taken oath between our hands on the Holy Gospels to perform the duties of his office with all loyalty, zeal and conscience.

In witness whereof we have signed these presents and have set to them the seal of our coat of arms, and have caused them to be countersigned by our secretary at Quebec, the sixteenth of January — one thousand seven hundred and sixty.

 

L.S.

(Signed)     JAS. MURRAY.

By Monseigneur

H. T. Cramahé.

PLACART DE SON EXCELLENCE MONSIEUR LE GÉNÉRAL AMHERST[6]

Par Son Excellence JEFFERY AMHERST, Ecuyer, marechal de camp, Commandant en chef Les troupes et forces de Sa Majesté le Roy de la grande Bretagne dans L'amérique Septentrionale, et son Gouverneur Général pour la Province de Virginie, &c., &c., &c.

 

Sçavoir faisons, que nous avons constitué et établi Monsieur Gage, Brigadier des armés du Roy, Gouverneur de la ville de Montréal et de ses dépendances: et que nous avons pareillement étably Monsieur Burton, Colonel des troupes de Sa Majesté, Gouverneur des trois Rivières et de ses Dépendances.

Que tous les habitants du Gouvernement des trois-Rivières qui n'ont pas encore rendu les armes ayent à les rendre aux Endroits nommés par Monsieur Burton.

Que pour D'autant mieux maintenir Le bon ordre et La police dans Chaque paroisse ou District, il Sera rendu aux officiers de milice leurs armes; et si par La suite il y avoit quelques-uns des habitants qui Désireroient en avoir, ils devront en demander la permission au Gouverneur, signée par le dit Gouverneur ou ses subdélégués, afin que L'officier des troupes, commandant au District ou ces habitants seront résidens, puisse sçavoir qu'ils ont Droit de porter les armes.

Que par nos instructions les gouverneurs sont autorisés de nommer à tous employs vacans dans la milice, et de débuter par signer des commissions en faveur de Ceux qui en ont dernièrement joui sous Sa Majesté très-Chrétienne.

Que pour terminer autant qu'il sera possible tous differens qui pourroient survenir entre les habitants à l'amiable, les dits Gouverneurs sont enjoints D'autoriser l'officier de milice Commandant dans chaque paroisse, ou District, d'écouter toutes plaintes, et si elles sont de nature qu'il puisse les terminer, qu'il ait à le faire avec toute La droiture et Justice qu'il convient; S'il n'en peut prononcer pour lors il doit renvoyer les parties devant l'officier des troupes Commandant dans son district, qui sera pareillement autorisé de décider entre eux, si le cas n'est pas assés grave pour exiger qu'il soit remis devant le gouverneur même, qui, dans ce Cas, comme en tout autre, fera rendre Justice où elle est due.

Que les troupes, tant dans les villes que dans leurs Cantonnemens sont nourries par le Roy en nature, et qu'il leur est ordonné expressément de payer tout ce qu'elles achetent de l'habitant en argent Comptant et espèces sonnantes.

Que tout propriétaire des Chevaux, de Charettes, ou autres voitures qui seront employés, soit par les troupes, ou autres, seront également payés en Espèces sonnantes pour Chaque Voyage, ou par Journée qu'ils auront été ainsy employés, et Cela suivant Le tarif et sur le pied de dix schellings argent de la nouvelle York, par jour, pour chaque Charette ou traineau portant un millier pezant; et une Journée de Cheval à raison de trois schellings D'york.

Les Maitres des postes auront attention de ne louer ny fournir, a qui que ce soit, sans un ordre par Ecrit de nous, ou des Gouverneurs Gage, Murray, et Burton, ny chevaux, ny calèches appartenantes aux Bureaux des dites postes, et Ceux à qui il en sera fournis comme ci-dessus, payeront pour un cheval a raison de 17 sols, argent de la nouvelle york, par chaque trois milles angloises ou lieue de France; Ceux qui prendront cheval et calèche payeront le double, mais il leur sera permis d'y aller à deux personnes.

Que le peu de secours que le Canada a reçu de la France depuis deux années, l'ayant épuisé de Bien de rafraichissement et de nécessaire, Nous avons pour le bien commun des troupes et de l'habitant recommandé par nos lettres aux differens gouverneurs des Colonies angloises les plus proximes du Canada d'afficher et publier des avis à leurs Colons pour se transporter icy avec toutes sortes de denrées et de rafrachissemens, et nous nous flattons qu'on ne tardera pas de voir remplir ce Projet; et, lorsqu'il Le sera, un chacun en sera instruit pour qu'il puisse y participer au prix courant et sans impots.

Le Commerce sera Libre et sans impots a un chacun, mais les Commerçants seront tenus de prendre des passeports des gouverneurs, qui leur seront expédié gratis.

Comme il est expressément enjoint aux troupes de vivre avec l'habitant en bonne harmonie et intelligence, nous recommandons pareillement à l'habitant de recevoir et de traiter les troupes en frères et Concitoyens. Il leur est encore enjoint d'écouter et d'obéir tout ce qui Leur sera ordonné tant par nous que par leurs Gouverneurs, et Ceux ayant droit de nous et de Luy; et tant que les dits habitants obéiront et se conformeront aux dits ordres, ils jouiront des mesmes privileges que les enciens sujets du Roy, et ils peuvent Compter sur notre protection.

Voulons Et entendons que notre présent ordonnance soit luë, publiée et affichée ès lieux accoutumés.

Fait à Montréal, le 22 7bre. 1760, Signée de notre main et scellée du sceau de nos armes.

(Signé),     JEFFERY AMHERST.


Immediately after the capitulation of Montreal General Amherst took measures for the establishment of a provisional military government, with summary courts of justice, until the ultimate fate of the country should be determined.

The French Division of the Province into three administrative Districts of Quebec, Three Rivers, and Montreal, was retained. In a despatch to Pitt, dated Quebec, October 4th, 1760, (A. and W. I., vol. 99) Amherst detailed his proceedings, from the day following the capitulation of Montreal. Though most of the measures reported were purely military, yet we have the following items as to civil administration. "15th * * * sent Officers with Detachments to the several Villages, to take in the Arms, and to administer the Oath of Allegiance."

"16th I appointed Col: Burton Governor of Trois Rivieres,"

"19th * * * I gave an Order for the Militia of the Town and Suburbs to give up their Arms and take the Oath of Allegiance to morrow, as soon as Monsieur de Vaudreuil is embarked."

"22d I appointed Br General Gage Governor of Montreal."

On the 22nd he also issued the proclamation or ordinance given above, which is not however enclosed in the despatch but is taken from "Mémoires de la Société Historique de Montréal," 1870, Part V, vol. I, p. 150. A similar proclamation was issued by Amherst in September for use in the District of Montreal. It is dated September, 1760, A. and W. I., vol. 94. Towards the close of the despatch to Pitt he thus refers to the measures taken: "I have fixed the form of Government that I judged would be easiest and best till "the King's Pleasure is known, and if it meets with His Majesty's Approbation, I shall be very happy." See also note to the next document.

(Translation).

PLACARD FROM HIS EXCELLENCY GENERAL AMHERST.

By His Excellency Jeffery Amherst, Esquire, Field Marshal, Commander in Chief of the troops and forces of His Majesty the King of Great Britain, in North America, and His Governor General for the Province of Virginia, etc., etc., etc.

Be it known, that we have constituted and appointed Mr. Gage, Brigadier of the King's armies, Governor of the town of Montreal and of its dependencies; and that in like manner we have appointed Mr. Burton, Colonel of His Majesty's troops, Governor of Three Rivers and its dependencies.

That all the inhabitants of the Government of Three Rivers who have not yet given up their arms, are to give them up at the places named by Mr. Burton.

That for the better maintenance both of good order and police in each parish or district, their arms shall be delivered up to the officers of militia; and if thereafter there shall be any of the residents who desire to have them, they must ask for a permit from the governor, to be signed by the said governor, or by his subdelegates, so that the officer of the troops, commanding the district in which these persons are residing, may know that they have the right to carry arms.

That according to our instructions, the governors are authorized to nominate to all posts vacant in the militia, and may begin by signing commissions in favour of those who have lately enjoyed such posts under His most Christian Majesty.

That in order to settle amicably as far as possible all differences which may arise amongst the inhabitants, the said governors are charged to authorise the officer of militia commanding in each parish or district, to hear all complaints, and if they are of such a nature that he can settle them, he shall do so with all due justice and equity; if he cannot decide at once, he must send the parties before the officer commanding the troops in his district, who shall in like manner be authorised to decide between them, if the case is not sufficiently serious to require its being brought before the Governor himself, who in this, as in every other case, shall administer justice where it is due.

That the troops, in the towns as well as in their cantonments, are provided for by the King in kind, and that it is expressly ordered that they shall pay for all that they buy from the inhabitants in ready money and specie.

That all proprietors of horses, carts or other vehicles who shall be employed, either by the troops, or others, shall likewise be paid in specie for each journey, or by the day, when they shall have been thus engaged, and the latter shall be according to the tariff and at the rate of ten shillings, money of New York, per day for each cart or sleigh carrying a thousand pounds weight, and a horse by the day at the rate of three York shillings.

Masters of posts shall be careful neither to let out nor furnish to any one soever, without a written order from us, or from the Governors Gage, Murray, or Burton, either horses or carriages belonging to the offices of the said posts, and those to whom they shall be furnished, as above stated, shall pay for a horse at the rate of 17 cents, money of New York, for every three English miles or French league; those who shall take a horse and carriage shall pay double, but two persons shall be allowed to go in it.

That the meagre support which Canada has received from France for the past two years having exhausted her wealth, her supplies, and her necessaries, we have for the common good both of the troops and the habitant, given orders in our letters, to the different governors of the English colonies nearest to Canada, to post up and publish notices to their colonists to repair hither with all sorts of provisions and supplies, and we flatter ourselves, that we shall see this project carried out without delay; and, as soon as it is done, every one will be notified so that he may have his share in it, at the current rates, and without duty.

Trade will be free to everyone without duty, but merchants will be obliged to take out passports from the governors, which will be furnished them gratis.

As it is specially enjoined on the troops to live with the habitants in harmony and good fellowship, we likewise recommend the habitant to receive and treat the troops as brothers and fellow-citizens. It is further enjoined upon them to hearken to and obey all that is commanded them, whether by us or by their governors, and those having authority from us and them; and so long as the said habitants shall obey and conform to the said orders, they shall enjoy the same privileges as the ancient subjects of the King, and they may rely on our protection.

We desire and require that our present ordinance be read, published and posted in the usual places.

Given at Montreal, the 22 7ber 1760, signed by our hand and sealed with the seal of our arms.

(Signed,)     Jeffery Amherst.

Ordinance Establishing Military Courts.[7]

Delapart de Son Excellence, Monsieur Jacques Murray, Gouverneur de Quebec, &c.[8]

Notre principalle Intention ayant été dans le Gouvernement Qu'il a plû à Sa Majesté Britannique de nous confier de faire rendre la Justice a ses Nouveaux sujets, tant Canadiens que françois Etablies dans la ville et coste de ce Gouvernement: Nous avons crû egalement Necessaire d'établir la forme de proceder, de fixer le jour de nos Audiances, ainsi que ceux de notre Conseil Militaire que nous avons établis en cette ville afin que chacun puisse sy conformer dans les affaires qu'ils auront a faire Juger en nos audiances ou celles que nous Jugerons nécessaires de renvoyer aud. Conseil: A ces causes Nous avons reglé et ordonné, regions et ordonnons par le présent Reglement ce qui suit.

Art. 1er

Toutes plaintes ou affaires d'interets civils ou Criminels, nous seront faites par placets ou Requetes adressantes à Nous les quels seront remises Néantmoins a M. M. Cramahé Notre Secretaire qui les répondra pour que les Assignations soient ensuitte donnés par le premier huissier aux parties adverses aux fins de comparaitre pour déffendre en notre audiance suivant les Delays marqués eu egard a la distance des lieux.

2e

Les Jours de nos audiances seront le Mardi de chaque semaine depuis dix heures du matin Jusques a Midi et se teindront en notre hotel a commencer Mardi prochain 4 Novembre.

3e

Les placets ou Requestes qui auront été réponduës par notre Secretaire dans la forme expliqué par l'art. 1er signiffié aux parties adverses et le delay de l'assignation expirés seront remise à notre secretaire la veille de l'audiance, c'est a dire le Lundi pour l'audiance de Mardi sans quoy elles ne seront point Jugés, et Remise a la prochaine audiance.

4e

Les parties adverses qui auront quelques papiers ou écritures servant a la deffense de leur cause seront pareillement tenus de les remettre a notre secretaire la veille de l'audience sinon sera fait droit sur la demande de la Partie.

5e

Sy les parties assignés n'ont aucune écriture a produire, elles seront tenus de comparoir en notre audiance au Jour de l'assignation, soit en personne ou par procureur, sinon il ne sera donné aucun deffaut, et sera pareillement et sera pareillement fait droit sur le seule assignation qui leur aura eté donné afin deviter la Longueur des procédures et la Multiplicité des frais.

6e

Si la trop grande quantité d'affaires ne pouvoit permettre de les Juger toutes dans une seule audiance elles seront remises a la prochaine et les parties tenues dy comparoir sans autre assignation.

7e

Les Jugements qui seront rendus en notre hotel a l'audiance seront executés sans appel et les parties contraintes dy satisfaire suivant ce qui sera prononcée a l'exception des affaires que nous Jugerons de Renvoyer au Conseil Militaire, pour estre Jugés, les quelles seront remises a un des Conseillers que nous nommerons qui en fera son Raport au Conseil pour sur iceluy estre fait droit a qui il Appartiendra.´

8e

Le Conseil de Guerre s'assemblera les Mercredi et Samedi de chaque semaine et se tiendra en la maison de M. de Beaujeu rue St. Louis.

9e

Les Jugements rendus en notre audiance ainsi que les arrets Militaires seront écrits sur le Registres par le Greffier que nous avons Commis pour cet effet, et les expeditions par luy délivrés aux parties.

10e

Tout ce que dessus sera éxécuté tant pour la ville que pour les campagnes a l'exception Néantmoins des différents que les habitants des Costes pourroient Avoir entr'eux pour raison de Clostures, Dommages, ou autres cas provisoires, dont nous renvoyons la connoissance au comdt de la troupe dans chaque coste qui les Jugera sur le champ, sauf l'appel au Conseil Militaire sy le cas y échoit et quil y ait matiere.

Et sera le présent Reglement luë publié et affiché tant dans les lieux et endroits accoutumés de cette ville, que dans chaque Costes de ce gouvernement, a ce que personne n'en pretendent cause d'ignorance, et ayt a s'y conformer. Interdisons toutes autres Cours et Jurisdictions, qui auroient put etre etablies tant dans la ville, que dans les fauxbourgs et Campagnes.

Fait et donné sous notre scel et le contreseing de Notre Secretaire, a Quebec le 31 8bre 1760.

"Ja. Murray.

"Par Son Excellence.

"H. T. Cramahé."


The general system of justice and administration established by Amherst and Murray was approved by the King through the Earl of Egremont, successor to Pitt as Secretary of State, in a despatch to Amherst, December 12th, 1761. This system continued until the introduction of civil government in 1764, and its general character is summarized in the preamble to the Ordinance of 20th September, 1764, which confirmed the judgments given in the military courts.

From "Registre de la cour militaire" folio I. Vol. I. Quebec.

(Translation.)

By His Excellency Mr. James Murray, Governor of Quebec, etc.

Our chief object having been, in the government which it has pleased His Majesty to entrust to us, to ensure the administration of Justice to his new subjects, Canadian as well as French, settled in the town and neighbourhood of this Government, we have likewise thought it necessary to establish the form of procedure; to fix the day for our audiences, as well as those of our military council, which we have established in this town: to the end that every one may conform to it, in the causes that they may require to have judged at our courts, or such as we may think necessary to send to the said Council. For this reason, we have ruled and ordered by the present regulations as follows:

1st Article

All compliants, or matters of civil or criminal interest shall be brought before us by petitions, or requests, addressed to us, which shall, however, be delivered to Mr H. Cramahé, our secretary, who shall return them, so that the summons may then be delivered to the defendants by the first bailiff, so that they may appear to defend themselves in our Court, at the time appointed, regard being paid to the distance of the places.

2d Article

The Court days shall be Tuesday in each week, from ten in the morning till noon, and they shall be held at our residence, beginning with next Tuesday, the 4th of November.

3rd Article

The petitions, or requests which shall have been returned by our secretary, in the manner explained in the first article, having been served on the defendants, and the term allowed in the summons having expired, shall be re-delivered to our secretary, on the day before the hearing, that is to say, on the Monday, for the hearing of Tuesday: failing this, they shall not be judged, but shall be postponed till the next sitting.

4th Article

The defendants, who shall have any papers or writings available for the defence of their cause, shall likewise be obliged to deliver them to our secretary, on the day before the hearing, otherwise judgment will be given on the demand of the plaintiff.

5th Article

If the parties summoned have no writing to produce they shall be obliged to appear at our Court, on the day fixed, either in person or through an attorney, otherwise no plea will be allowed them for default, and in like manner judgment will be given, on the single summons which shall have been served on them, in order to avoid long lawsuits, and the increase of costs.

6th Article

If the excessive amount of business does not allow the judging of all cases at a single sitting, they shall be postponed till the next one, and the parties shall be obliged to appear, without other summons.

7th Article

Judgments which shall be delivered at our Residence at the Court, shall be executed without appeal, and the parties shall be compelled to give satisfaction according to what shall be decreed, with the exception of such cases as we may think fit to send to the Military Council to be tried; which shall be delivered to one of the Councillors whom we shall name, who will make his report to the Council, so that judgment may be given on the same for him to whom it shall belong.

8th Article

The Council of War shall assemble on the Wednesdays and Saturdays of each week, and shall be held in the house of M. de Beaujeu, rue St. Louis.

9th Article

Judgments given in our Courts, as well as the military decrees, shall be inscribed on the register, by the registrar whom we have appointed for this purpose, and copies delivered by him to the parties.

10th Article

All the above shall be executed, as well for the town as for the country; with the exception however of disputes that the habitants of the district may have amongst themselves, with respect to enclosures, damages, or other provisional cases, of which we authorize the commandant of the troops to take cognizance in each locality and try summarily, reserving appeals to the Military Council, if the case pertains thereto, and there is reason for it.

And the present regulation shall be read, published and posted in the usual places and precincts of this town, as well as in every part of this government, that no one may urge the plea of ignorance, and that all shall be compelled to conform to it; and we interdict all other courts and jurisdictions which may have been established as well in the town, as in the suburbs and country.

Executed and given under our seal, and countersigned by our secretary, at Quebec, the 31st October, 1760.

(Signed) Ja. Murray.

By His Excellency,

(Signed)   H. T. Cramahé.

GENERAL MURRAY'S REPORT OF THE STATE OF THE GOVERNMENT OF QUEBEC IN CANADA JUNE 5th, 1762.[9]

My Lord, — In obedience to his Majesty's Commands signified in Your Lordship's dispatch to Sr. Jeffery Amherst of the 12th December last I have the honor to transmit the following account of His Majesty's Government of Quebec and dependancies thereof; however deficient it may prove Your Lordship may be assured it has been my earnest desire, as it is my constant study to fulfil my Royal Masters intentions.

The better to effect the same, and in order to state the several interesting matters of this Report in the clearest light, I shall divide the whole under the following heads.

1st — Return of His Majesty's Forces in His Government of Quebec and dependancies thereof.

2nd — State of the Fortifications

3rd — State of the Government under the French Administration.

4th — The Revenues and Expenses.

5th — Church Government.

6th — Indian Nations.

7th — Nature of the Soil and its produce.

8th — Population.

9th — Trade.

10th — Character of the People.

I shall subjoin some remarks pointing out the Errors of the Ancient System, and wherein by my own observations and the best information I have been able to procure, there is room for alterations or amendments.

Quebec

General and Staff Officers

The Honorable James Murray, Esqr. Governor.

The Honorable Lieutt Colol Maitland D:A:G: Governor Murrays leave to the Southern Colonies.

Lieutt Colol Irving, Deputy Quarter Master General.

Hector Theops Cramartie, [Cramahé] Secretary to the Governor.

Lieutt Mills, Town Adjutant.

Captain Malone, Barrack Master.

Captain Cosnan, Town Major. Governor Murrays leave to England for the recovery of his Health.

Zachariah Thompson, Captain of the Ports.

Engineers

Captain Lieutt Spry} Established
Lieutt Montresor
Captain Holland, Assistant.

Officers of His Majesty's Hospital

Mr. Francis Russell, Chief Surgeon.
Mr. Field} Mates.
Mr. Mabane
N-Be Mr. Zachariah Flitner, Provost Martial.
Benjamin Gable — Hangman.

2. State of The Fortifications. — Quebec. The natural situation of the ground which the present front of the fortification is built upon towards the land, is very disadvantageous. Cape Diamond is nearest the River St Laurence, and is likewise the highest ground, from whence there is a continued slope, sometimes very quick, toward the River St Charles, in consequence of which the walls not being built upon a level, but humouring the nature of the ground, the flanks of the Bastions cannot defend their opposite faces in a proper manner, for the flanks of the higher Bastions, must fire below the horizontal line, as the flanks of the lower ones must throw theirs above it. To remedy this defect, the French built two Counter guards or Fausse-brays with Casemated flanks, before the right face and flanks of Laglaciere Bastion, and the left face and flank of Bastion St Louis; this however introduced another inconvenience, of which they appeared sensible when Monsr de Levis besieged the Town in 1760, as He directed his fire to this place, which had such an effect, the rubbish of the Wall filling the Counter guard, and that from the lower the ditch, that an easy ascent might have been very soon made to the breach.

The high grounds before Cape Diamond and Laglaciere Bastions command all the lower fortifications toward the River St Charles, and batteries for battering in breach may be erected at any distance, as the walls are high and seen in many places to the bottom of the Ditch, there being no covered way or outworks and even the counterscarp wall not well finished, neither can a covered way be constructed, but at a great expense, on account of the scarcity of Earth and irregularity of the ground, besides that it must be crowded with traverses to prevent its being enfiladed.

To make up in some measure the want of outworks, in the Winter 1759, I erected a line of Blockhouses within musquet shot of the capital wall to secure the body of the place against surprises, such outworks are proof against Musquetry only.

The Walls are built of an irregular unwrought stone and in many places the work is very badly executed as was sufficiently visible from the effect of the fire from the French batteries in 1760.

The Gates are ill placed and not defended. St Louis Gate is so near the right face of the Bastion of the same name, that it is beneath its fire, and the opposite flank can have but very little fire on it, that of St Johns has the same fault, being too near the left flank of St Johns Bastion.

The Palace gate is not much better constructed, and in general this whole front of the place, which indeed is the only fortified one, is enfiladed from the other side of the River St Charles.

The Wall from Bastion Lapotasse to Palace gate, is pierced with loop holes, and is good in its kind. The Barracks which are built against it being also provided with loop holes serve as a second fire. This Wall is continued to K and is built upon a Rock.

From K to L is a very bad stockade on the top of an accessible rock, with one small stockaded place of arms. This is the part of the Town most exposed to a coup de main.

From L to T there is a high Wall with a wooden gallery behind it, to serve as a banquette, and beneath it is a sally port to communicate with the lower Town.

From T to the saut au Matelot is a wall begun but carried no higher than Man is able to step upon it, there are some plat-forms for Cannon and Mortars. From M to M (sic) is the Royal Battery commanding the River St Laurence and built upon an inaccessible rock adjoining to the Bishop's palace, part of which was taken in during the late siege to defend the communication from the lower to the higher Town, which was also defended by some Cannon planted at O.

From O to P takes in Fort St Louis and a nine gun battery; it is by nature inaccessible except two small paths shewn in the plan. Fort St Louis is of no defense being the remains of the earliest fortifications erected there.

From P to Q the Citadel or Redoubt of Cape Diamond, is a quick or rather steep ascent, defended by a stockade only. Betwixt this Redoubt and the Bastions of La Glaciere and Cape Diamond is a commanding grownd overlooking the whole Town and Fortifications. This grownd I judge very proper for the construction of a Citadel.

From Q to R the same sort of stockade is continued, and from R to Cape Diamond there is a Wall with loop-holes, defended by two small flanks with Cannon. The rocky hill under these parts is very high, but accessible and in many places cover'd with brush, by the help of which small parties might advance to the very stockades.

The lower Town is only cover'd by a Stockade and some batteries; The Batteries marked q are to defend the road and annoy the shipping in passing the Town. The Batteries t, are for the same purpose. They serve likewise to flank the lower Town and the other Batteries.

From the above report and annexed Plan[10] it appears that the Enceinte of Quebec is very large and would require a very strong Garrison to defend it tho properly fortified . . . That at present it is open on two sides, has no out works not even a cover'd way nor hardly a ditch, for the foot of rotten walls is to be seen from most of the Environs at the distance of 500 Yards. That the whole Rampart is enfiladed from the other side of the River St Charles, and that in its present situation, with a Garrison of 3,000 Men it is not proof against a well conducted Coup de Main. Any temporary works that can be added, would be of little signification, as matters now stand; and to fortify the place upon the old plans is by no means adviseable, the situation never can be render'd strong, and the attempt must cost an immense sum . . . I therefore am of opinion that if His Majesty shall think proper to be at the expense of strengthening Quebec, the most effectual method will be to erect upon the rising ground of Cape Diamond, a Citadel which will answer every purpose of the Towns being strongly fortified, may be defended 4 months at least by a small garrison, awe the Inhabitants, whose fidelity in case of an attack we cannot for some Years rely on, and secure our Magazines. The Ground I propose for this Citadel commands the whole Town and is commanded no where from the Country; in short it possesses every advantages to be wished for, and at a small expense may be fortified, as the Inhabitants of the Country and the Troops in the time of peace may contribute their labor towards it gratis; to this the former can have no objection as they were on all occasions formerly liable to Military services and were all allow'd only provisions.

I order'd Captain Holland to take an accurate survey of the ground and have the honor herewith to transmit the several plans he has drawn in consequence.

I cannot slip the opportunity of recommending this Gentleman to Your Lordship's notice — He came to this Country in 1756, and ever since the siege of Louisbourg I have been myself a witness of his unwearied endeavors for the King's service, in a word, He is an industrious brave Officer, and an intelligent Engineer, in which capacity he would be desirous, and deservedly merits to be advanced.

Jacques Cartier

This is a small facine fortification upon Cape Santé, begun by the French during the Campaign in 1759, but not completed 'till the retreat of their Army after the action of the 13th September. — This post served them as a frontier all that ensuing winter, commands the River Jacques Cartier, towards which from the situation of the Ground, it is extremely strong, but it is not capable of the least resistance, if attacked on the other side — It is of no use to us at present, as it no where commands ye main River.

Deschambeaux

About four leagues above the Jacques Cartier, is the point Des Chambeaux — This place may be fortified to very good advantage, and in my opinion, is the strongest and most important post in the Country. It naturally divides the whole into two parts, is the only road or avenue from lower to upper Canada, on this side of the St Laurence, and commands the rapids of Richlieu; by erecting batteries on the small island of that name, and some fortifications on the South shore the passes by Land and by Water may be rendered equally difficult, which is better explained by the survey and plan of the fortifications hereto annexed.

3. — State of the Government under the French Administration.

The Governor General was Chief in all Military, and the Intendant in all Civil, affairs; The latter superintended the justice, police and finances of the Government, he heard and judged definitively in all trifling causes; appeals from the inspector of Highways were referred to his decision; he issued regulations for the police of Town and Country, and emitted his ordonnances, fixing a price upon all kinds of provisions at his will and pleasure.

For the easier administration of justice, He commissioned three subdelegates, residing at Quebec, Montreal, and Three Rivers, who took cognizance of such matters as were not very intricate, but from their judgments the parties might appeal to the Intendant.

The Prevôte of Quebec was a Court of Justice, composed of a Lieut General, a Lieutenant particulier, a procureur du Roy or Kings Attorney; they judged all matters Civil in the first instance, and all appeals from their sentence were brought before the Counseil Superieur, the Prevôte likewise took cognizance of appeals from the private jurisdictions, which could be carried from this Court before the Conseil Superieur.

In capital crimes, or such as deserved severe penalties, the Lieut General called into his assistance two of the most eminent Lawyers, but still their sentence could not be carried into execution, untill the same was confirmed by the Conseil, at which seven of the members at least must be present.

Attending this Court were six Notaries public a Clerk and six Huissiers, of which one was Cryer.

The Governments of Trois Rivieres and Montreal had each their Lieut General, a Kings Attorney, Clerk Notaries and Huissiers.

From these several Courts, appeals were brought before the Conseil Superieur, established at Quebec, composed of a first Counsellor who generally presided and eleven others, of which one or two were priests, these never were present in Criminal matters; The other Officers attending this Court were an Attorney General, a Chief Clerk, and a premier Huissier.

At Quebec was also a Court of Admiralty, consisting of a Lieut General, Commission'd by the high Admiral of France, a King's Attorney, a Clerk and Huissier, this Court took cognizance of Maritime affairs, and appeals from thence were carried before the Conseil Superieur.

There was also an Inspector of the High Roads or Grand Voyer, who had the regulation of all matters relative to them, difficulties which arose from this Officers regulations were decided by the Intendant.

The only Laws were the Kings Edicts or the Arrets of his Council of State, register'd at the Council Superieur, and the Intendants ordonnances — In matters of property they follow'd the customs of Paris, but in marriage settlements they were at liberty to follow the Custom of any other province in that Kingdom.

The age of Majority was fixed at 25, but at 18 or upon marriage, the Council granted them Letters of emancipation, which intitled them to enter immediately into the enjoyment of the moveable and incomes of their estates — Guardians were chosen by an assembly of seven of the nearest relations of the minors, and for want of these, of so many of their friends. — A public act is drawn out, of this transaction, which is register'd and the person elected is sworn to administer faithfully.

Fiefs. — 1st The tenure of Lands here is of two sorts The fief or seigneuries — These lands are deemed noble, on the demise of the possessor, his eldest son inherits one half, and shares with the other Children in the remainder, if any of these die without posterity, the Brothers share the portion of the deceased, exclusive of their sisters; The purchasers of these fiefs enter into all the privileges and immunities of the same, but pay a fifth of the purchase money to the Sovereign who is Lord of the Soil. By Law the Seigneur is restricted from selling any part of his Lands that is not clear'd, and is likewise obliged (reserving a sufficiency for his own domain) to concede the remainder to such of the Inhabitants as require the same at an annual rent not exceeding one sol, or one half penny sterling for each Arpent[a] in superficies. The Seigneurs have had the right of Haut, Moyenne et basse justice on their several fiefs, but this was attended with so many abuses and inconveniences that the inferior jurisdictions were mostly disused.

Terre en Roture. — 2d The Lands conceded by the Seigneurs is the second sort of tenure, and these are called terres en roture. — The property is entirely in the possessors, and the rent they pay can never be raised upon them. They can sell it as they please, but the purchaser is obliged to pay a twelfth part of the purchase money to the Seigneur. The Children of both sexes share equally in those Lands, but if upon a division the several parts are found unequal to the subsistence of a family they are obliged to sell to one another: By Law no man can build upon a piece of Land of less extent than one Arpent and a half in front, upon a depth of 30 or 40. This was done with a view to promote cultivation, and to oblige the Inhabitants to spread. Edicts have been published from time to time, to reunite to the Crown such Lands, as were not settled within a term of years prescribed, the last of these was published in 1732, a copy of which is annexed. (No. 1.)

The Canadians are formed into a Militia for the better regulation of which, each parish in proportion to its extent and number of inhabitants, is divided into one, two, or more Companies, who have their proper Officers, Captains, Lieutenants, Ensigns, Majors, Aide Majors, Sergeants, etc., and all orders or public regulations are addressed to the Captains or Commanding Officers, who are to see the same put in execution. From these companies detachments are formed, and sent to any distance and in 1759 and 1760 the whole were in arms for the defence of their Country.

Observations. — The Intendant's fixing a price upon provisions at his own will and pleasure, was liable to much abuse, for tho' the Country was abounding with all kind of grain, yet under pretence that a large quantity was wanted for the Kings service, repeated levies were made upon the inhabitants, through every part of the province, proportionably to what it was supposed they could spare, the Intendant paying such price as he pleased to set upon it, great part of which grain was afterwards exported by his emissaries to the French Islands, and when a scarcity was apprehended, they sold the remainder to the public at an advanced price.

Under the pretence of a scarcity of black Cattle, and before the British Troops had made any impression upon the Colony, Horses were killed and served to the Troops, probably to excuse the exorbitant charge for all kind of provisions purchased on the Kings account, for notwithstanding the waste made by two contending Armies, and that the French Troops lived entirely upon the Country for near two Years, we have the strongest occular proof, there was no occasion to have recourse to this expedient, if the Kings officers had not meant it as a Cloak for their Knavery.

2d — The members of the Courts of Justice were mostly natives of old France, and minded more their own affairs than the administration of justice. Their decisions were therefore not much respected; and indeed for success the parties generally depended more upon the favour of the protection of the great, than upon the goodness and justice of their cause.

3d — Tho' the Governor General, the Bishop and the Intendant, were by their several Offices, Presidents of the Council, and that heretofore they used to be present at their deliberations, in latter times they never honor'd it with their presence, a circumstance that contributed much to the general disesteem, into which this part of the judicature had fallen.

4 — The Office of Grand Voyer or Inspector of the High roads, under proper regulations and restrictions seems to be highly necessary for the care and benefit of the interior Commerce.

5 — The Canadians mostly of a Norman Race; are, in general, of a litigious disposition; The many formalities in their procedures and the multiplicity of Instruments to be drawn up upon every occasion, seems to encourage this disposition — A short and well digested Code, by laying aside many of these, may in a great measure serve to correct it.

6th — Fixing the age of Majority as in other parts of his Majestys dominions, is an innovation that could not fail of being agreeable to the Youth, as the freedom of building where they see convenient, and upon such extent of ground, as they think proper, would be acceptable to all people in general and promote new establishments, especially the Fisheries in the lower parts of the River and Gulph of St Laurence.

4. Revenues and Expence of the Government under the French Administration

Tho' I should properly give a state of the Revenues and expense of the Government of Quebec only, yet the whole under the French administration was so blended together it does not appear practicable to separate the same, and have therefore collected here all that has come to my knowledge on this head, without distinction of Governments. 1st — Five ports,[b] part of the Kings domaine which were under the immediate management of the director General of it; He furnished them at the Kings expense with the Merchandize and effects proper for the Indian Trade or Fisheries which were carried on at these several ports and received from thence likewise on the Kings account the Furs, Oil, Fish or other produce of the same.

They had been farmed but the Lease expired in 1756, they were advertised and no one bidding for them on account of the War, the Intendant lest the Indians should quit their usual haunts, ordered them under the foregoing management, which continued untill our arrival, tho' the expense far exceeded the produce.

Sterling aboutI here set them down at the highest rent paid for them when farm'd, under the   
£291:13:4French Government7,000  
 —  —  —  —    
2d . . .Duty on Liquors imported   
£0010Wine by the Hogshead12  
£018Rum by the Hogshead24  
1 Veldt or measure of 2 Gallons of Brandy14 
½ Ordinary wine bottled pr Bottle1  
1½ Bottled sweet wine p Bottle3  
5 Eau de Vie de Liqueur p. Gallon10  
£8,01823These several duties produced in 1757192,434140
 —  —  —  —    
3d . . .Lots and Ventes. This arises from the sale of Houses and Lands en roture, upon those in the King's possession. The purchaser paying him a twelfth as his immediate Lord.   
£9211311½This produced in 175722,120152
 —  —  —  —   
4th . . .Cent et Rentes, or Ground Rents of Houses built on the King's Lands in the City and Suburbs of Quebec.   
¼, ¾, 1¾, 2½These are very trifling as they let to the individuals for no more than six derniers, one Sol six derniers, trois sols six derniers or 5 Sols per annum.   
£9329These were collected in 1759 for 29 Years together and produced only.2,23562
 —  —  —  —    
5th . . .Duty[c] on dry goods imported.   
£3,36318This produced in 175780,733184
 —  — a Tariff was fixed regulating what each species of goods was to pay, those that were trifling were valued, and paid 3 pr Cent of their Valuation.   
N.Be. — Cordage of all sorts, Salt and produce of the Fisheries, and other Trade in the River St Laurence were exempted from this duty.   
 —  —  —  —    
6th . . .Duty on dry goods exported[d]   
£1,60115This produced in 175738,42215
There was a Tariff[c] likewise for these in which all kinds of Furs were included as the East India Company had the exclusive privilege of buying and exporting all the Beaver of the Country paying the owner 4 Livres a pound for the green or winter Beaver, and one livre 10 sols for Parchment or Summer Beaver, the Company paid the King a duty of 3 pr Cent for the quantity exported according to the above rate.   
 —  —  —  —    
Duty on the exportation of Moose Deerskins — This duty was of two Livres pr Skin, and was the first established in the Colony. The exportation of this Article has been considerable, but was of late Years much diminished.   
£5634In 1757 it produced£1,34800
 —  —  —  —   
8th . . .In 1749, a Tax was laid upon every House within the City and Suburbs of Quebec for repairing the Barracks and keeping the same in order. The reparation was made by the Officers of Justice and a deputy from the Trade approved by the Governor General and the Intendant.   
£5622In 1749 it amounted to13,49139
55226 "  1750         "      to13,35100
57876 "  1751         "      to13,88100
55226 "  1752         "      to13,35100
570176 "  1753         "      to13,70100
56984 "  1754         "      to13,66600
578163 "  1755         "      to13,891100
57171 "  1756         "      to13,713100
572116 "  1757         "      to13,74100
563134 "  1758         "      to13,52800
It is pretty remarkable that notwithstanding the Tax was levied from the Year 1749, inclusive, the King's Edict ordering the same to be raised from the ensuing January is dated only in June 1763.   
Besides the foregoing there were certain casual duties, such as —    
1st Droit d'Aubaine — a Foreigner dying intestate and without Children the King succeeded to his Estate.   
2nd Droit de Deshérences. Likewise to Estates which fall to persons under monastic vows, and therefore incapable of inheriting, or to persons illegitimate who dye without posterity and intestate.   
3d Droit d'Epaves — Where Whales or wrecks are drove ashore above the high water mark, all expences first deducted, the King had one third, the High Admiral another and the person who saved it the remainder.   
 —  —  —  —   
The Receipts in 1757 stood thus.   
£8,01823To raised on Liquors imported192,434140
9211311½ "   "   on the Lots and Vents22,120152
3,36318 "   "   on dry goods imported80,733184
1,60115 "   "   on   do   exported38,44215
5634 "   "   on Moose Deer Skins exported1,34800
£13,9611210½Total335,079811

No 2.

All sorts of provisions of the growth of Canada, Goods for the Indian Trade in the lower parts of the River, Horses, Shipping Country built, Timber of all kinds, and Salt Herrings were exempted from this Duty.

Expence of Government 1757

523100By duties paid on Liquors imported for the Kings account12,56400
2,71939By sundry Contingent expenses65,26000
3,24213977,82400
The particulars of this sum were   
1st Expences of Criminal Suits, apprehending and guarding criminals, Expences of Evidence, etc., 26,004 13 2 This article of expence varied every Year more or less, it seldom exceeded the above and has been as low as 10,000.   
2d Maintenance of Foundlings and Bastards Children of the Three Governments at the rate of 10 Liv. pr Month 18,511 6 8. This likewise varied, one Year it amounted to 24,000.   
3d Public Works and High Roads 9,494 15. This also varied. It has often exceeded 12,000.   
4th Expence of Public Prisons and subsistence of Prisoners 11,249 15 2. This article exceeded the usual expence on account of the English Prisoners.   
6535By the Cantine of the Troops in the Three Garrisons15,67872
This was a Douçeur allow'd the Staff of each Garrison. The Town Major made out rolls of the Soldiers of each Garrison and these were certified by the Comptroller of the Marine. It was supposed three half pints of Wine pr day were imported for their allowance the duty on the amount of which was returned by the receiver General.
This perquisite was shared among the Governors who had one half of it the Staff divided the other half.
   
Proportion of the several Governments in 1757.   
  Quebec8,06337
  Montreal6,12200
  Trois Rivières1,49337
41134By allowed the Attorney General for making out a State of the Kings Rents1,00000
923611By Duties paid on goods imported for the Kings account21,16063
1,5401By Salaries of Officers and other expences attending the receipt of the Kings Revenues36,961171
£6,401010153,62506
This last article comprehends,   
1st[e] The Salaries of Clerks, Land-waiters and other Revenue Officers 27,792 11 6.   
2d Usual[f] gratifications 1,270.   
3d By sundry other expenses, trifling Repairs of Office.20000
House rent of Do4,00000
Fuel for Do1,45000
Repair of Canoes40000
Stationery99900
Salary of the Clerk of the Treasurer General of the Marine60000
To a Gauger25000
The foregoing expences were not always the same and were paid upon the Intendants orders, and by his directions in which they differed from the following which was called Etat du Roy du Domaine, and was the Establishment paid by a Yearly order from the King signified by his Warrant signed in Council and which generally amounted to 114,000 Livres or there abouts.   

A list of these for 1758, is annexed No. 3. That for 1757 did not come into our hands.

This article of gratification was to reimburse the Governor and other Officers, what it was supposed they paid for duties The Governor General received of this600 25 :0:0
The Intendant450 18:15:0
Governors Secretary75 3:2:6
Intendants Do145 6:10:0
1270 53:7:6

Etat du Roy du Domaine

12500By expences of Forts and Garrisons Governor General as Governor of the Town and Castle of Quebec3,00000   
1571Pay[g] and Provisions of the Garrison3,77000   
2000Fuel of Do48000   
7500Lieutt du Roy1,80000   
5000Town Major1,20000   
3368Captain of the Gates80000   
460811,05000
         
Montreal      
12500Governor[h]3,000   
5434Pay of the Garrison1,300   
8368Lieutt[i] du Roy2,000   
5000Town Major1,2007,50000
         
Trois Rivieres      
12500Governor3,000   
5434Pay of the Garrison1,300   
7500Lieutt du Roy1,800   
5000Town Major[j]1,2007,30000
1,0771825,85000
By paid to Religious uses     
112100To the Clergy[k] and in aid of building Churches2,700     
33368To the Chapter of Quebec8,000     
8368To the support[k] of superanuated Priests or Missionaries2,000     
316134As a supplement[k] to Cures of Poor Parishes7,600     
55434To the Jesuits for their Missions and a Professor of Hydrography13,300     
5000To the Recollets of Quebec1,200     
62100To the Convent of Ursulines1,500     
312100To the Convent of the Hôtel Dieu7,500     
83100To the Convent of the Hospital General2,00045,80000
         
At Montreal      
83100To the Hospitalieres2,000     
12500To the Filles de la Congregation By the Salaries of Officers of Justice3,000     
20168To the first Conseiler of the Conseil Superieur[l]500     
187100To 10 others at 450 each[m]4,500     
62100To the Attorney General1,500     
2934To the Greffier700     
434To the Huissier10012,30000
3,4985083,95000
         
Salaries of the Officers of Prevôte of Quebec.      
2934Lieutt Gen.l Civil and Criminal[n]700     
2500Lieutenant Particulier600     
12100Proceureur du Roy300     
434Greffier1001,70000
         
Montreal     
1850Lieutenant Genl Civil450     
1084Proceurer du Roy25070000
         
Trois Rivieres      
1850Lieutenant Genl Civil450     
1084Proceurer du Roy25070000
         
Salaries of the Officers of Police      
2500To the Grand Voyer[o]600     
20168To the Prevost des Marechaux de France[p]500     
12100To an exempt under Him300     
2934To 4 Archers[q] 175 Livres each700     
13150To a Hangman3302,43000
3,7286889,48000
         
By expenses of the Hospital at Quebec      
5000Salary to a Pysician1,200     
5000First Surgeon1,200     
3368Second Surgeon800     
2500Midwife6003,80000
         
By Sundry extraordinary expences      
41134Publication of the decrees of Council1,000     
434Expences of Fuel[r] in ye Council room100     
868Travelling Charges of the Archers200     
20168Allow'd the Bishop in lieu of Duties paid by him5001,80000
         
5000By paid to the Establishment of Louisberg, a Pension to the Count of Gacé son to the Marquis of Matignon in lieu of some land taken into the Kings hands6,000     
33368Do to the Religious Brothers of la Charite8,000     
62100Do to the Nuns of La Congregation1,500     
5000Do to 4 Councellors at 300 each1,200     
16130Do to the Proceureur General All at same place40017,10000
8368By a pension to a Botanist at Louisiana2,00000
4,757100Total of the Etat du Roy.114,18000

As no Garrison was kept either at Quebec, Montreal or Trois Rivières the above were perquisites to the several Governors.

This Officer had by way of gratuity from the Marine Chest 1000 Livres and ½ pr Cent from the East India Company on the Beavor they exported amounting to about 1500 more.

The Lieutenants du Roy had each 1800 Livres, the Senior of these had a gratuity of 200 besides, the Lieutt of Montreal was the senior in 1757.

The Town Major had a perquisite of 2 Barrels of Powder each for the use of their Garrisons, but as they did not exist, they received each in lieu thereof from the Storekeeper 250 Livres. Each Govr also paid his Town Major 100 Livres for signing the Rolls.

These were distributed by the Bishops.

Of late Years he had a Gratuity of 450lb from the marine.

There was a vacancy of one this Year. The Salary of Three Eldest had of late Years been augmented with a gratuity to each of 150 Livres also from the Marine.

This officer had of late Years obtained an addition of 300 Livres out of the Marine fund.

This Officer had likewise an allowance of 10lb pr diem extraordinary when upon his duty. If the Inhabitants applied to him to make out roads for their own private advantage they were at all the expenses attending the same.

This Officer likewise had an allowance of 7lb 10s pr diem travelling charges when out upon the execution of his office.

These were severally allowed 3lb pr diem when sent in pursuit of Deserters or other Criminals.

This was a perquisite to the Lieutenant General and as the firing would have cost three times as much, the Intendants supplied the same out of the King's Yard.

The Salary and Perquisites of the Governor General

£50000From the Marine Funds appointments.12,000
12500From Do allowance for freight of necessaries from France3,000
12500From the Domaine as private Govr of Quebec3,000
15718From Do Pay of the Garrison3,770
2500From Do in lieu of what he paid for duties600
From the Marine a Company of Guards Call'd the Carabineers to attend him. They had usually two or three, and public or state days they found people enough to complete the number. — They consisted of 
5868A Captain at1,400
4134Lieutenant1,000
2500Ensign600
23315017 Private at 27lb pr Month5,610
25000From the E. Indian Compy a present of 2 pr Ct on all the Beaver exported by them, valuing the whole upon an average of 2lb pr pound. This varied every Year but upon a medium may be set down6,000
His share of the Cantine as set down above.
167192This likewise varied in 1757 it produced4,031
8368For Belts of Wampum presented by the Savages to the Governor at the several Conferences he had with the different tribes which Belts he sent to the Kings stores to be worked up into another Form, and for which the King paid him2,000
1,7922641,011

The Salary and Perquisites of the Intendant

50000From the Marine appointments12,000   
12500From Do allowance for Freight of necessaries from France3,000   
1850From the Domaine in lieu of duties he paid450   
187100From the E. India Compy a present of one and a half per Ct on all the Beaver exported by them at a medium4,500   
5000From the Marine allowance for a Secretary1,200   
5000From Do for a Gardiner1,200   
93015022,350   
13,9611210½From the foregoing it appears that the Country duties raised in 1757 together with the other Revenues belonging to the King produced that Year the sum of335,079811
11,15810From which deducting the Etat du Roy amounting to 114,180. And the expenses ordered on this side by the Intendant 153,624 10 6267,804106
2,8032Remained a surplus of67,274185

Which surplus when there was any, was paid by the Receiver General of the Kings domaine, into the hands of the Commis of the Treasurer General of the Marine as an addition to that Fund, out of which all the general expences were paid. Such as the Subsistence and provision of the eight Battalions, Forty Companies of Marines and Detachment of Royal Artillery serving in Canada, the officer of the naval Yard of Quebec, and in short all the ordinary and extraordinary expences attending the Military and Civil Government of Canada the officers of the Court of Admiralty only excepted, who were paid by the High Admiral of France.

The expence of Government in this Country was formerly very moderate, for a series of Years to that of 1726, it never exceeded 360,000 Livres; the two ensuing ones it was advanced to about half a Million, on account of the Colonies being at War at that time, with the Indian nation of Renards. From this period it gradually increased to a Million, and from the breaking out of the war with Great Britain in 1744, till peace was concluded with her in 1748, the annual expence amounted to about 2 Millions

In the month of August in that very Year the late Intendant Mr Bigoe came over, the expences have ever encreased and to 1753 inclusive did not amount to less than three, four, or five Millions every Year.

In1754Bills were drawn on France for6,000,000
17555,500,000
17568,000,000
175712,000,000
175824,000,000
175930,000,000
1760The Intendant was directed not to exceed two Million four hundred thousand Livres and drew only for1,300,000
To the above is to be added thePaper Money remaining in the Country, and for which no Letters of Exchange have been drawn22,000,000
4,533,33368108,800,000
3,333,33368Of the whole upon the most moderate computation, at least 80 Millions are still owing 

The manner of transacting the business is thus. The Intendant for every expence emitted the ordonnances, which passed current with his bare signature only, one of which, (No 4.) is annexed to shew the nature of it; in August notice was given to the proprietors, to bring into the Treasury within the Month of September, and untill the 10th of October, the Ordonnances in their possession, for which they took the Treasurers receipt, and commenced drawing the Letters of Exchange, which continued fifteen or twenty days, or till the navigation was shut up.

From the Year 1740, to that of 1746 Letters of Exchange were drawn only for three fourths of the value brought into the Treasury; these indeed payable in 6, 7, 8, or 9 months, when they were duly discharged, the remaining fourth was reimbursed the proprietors, by a Card Money, of which there is to the amount of near a Million still existing in the Colony.

From 1746, to 1752, Letters of Exchange were drawn for the full sum brought into the Treasury and were all made payable sometime within the ensuing Year.

But the expences having encreased considerably orders were given to to divide those of the Year into three equal parts payable in 1, 2, or 3 Years. This was put in execution in 1753, but the very Year following another arrangement took place; only one fourth part was made payable in the course of the ensuing Year, one half two Years after that and the remaining fourth in three; and this Method was ever after observed 'till the Year 1760. By this means a great number of those drawn in the preceding Years, were not come in course of payment, when the Kings Arret of October 1759 suspended payment entirely

NBe the Clerks of the Marine and other Officers employ'd in that department, having left the Country it has not been possible to procure certain accounts of the expences of that branch.

Throughout these calculations and in every other part of this Report, The French Livre to avoid Fractions is esteemed at ten pence Sterlg.

Observations.

1st I had the Honor to inform the Lords of the Treasury very fully of the state of the Kings ports, in a Letter to Mr Martin their Secretary, of the 7th November last, at the same time that I transmitted all accounts relative thereto by Mr Ainslie whom I intrusted with the management of them until I could receive instructions from home, I am thoroughly persuaded the proposal I therein made to their Lordships of selling them to the highest bidder, for a Term of Years, is the surest expedient to make them profitable to His Majesty.

2 — The duty on Liquids will ever bring in a considerable sum, for tho' the Canadians in general are not much given to drunkenness, Yet Men, Women and Children are used to drink a certain quantity of strong Liquors, the severity of the Climate having probably introduced this practice. By the great improvement likely to be made in the Fisheries the consumption of these will considerably increase.

3 — As the Canadians seem thoroughly reconciled to the use of British made Corn spirits, the consumption thereof could suffer no diminution, from a moderate duty upon the same of 6d pr Gallon, and that of Rum or New England Spirits might be raised to a Shilling, this would check the importation of the latter and favor that of the former, that the Revenue may not suffer by this measure, it will be necessary to prevent any attempts which may be made of smuggling by the Lakes while they are navigable as well as when they are to be travelled over with carriages. — The like precaution will be necessary to be taken for the lower part of this River, which abounds with little bays, Creeks, and Rivers favorable for such practices, as detrimental to the fair Trader as to the state itself.

4th — As there have been few or no purchases made since we have been in possession of Canada, the people having no money and being uncertain of their fate, the Lots et Vents, have produced nothing considerable; when a settlement takes place this branch of the Revenue will probably receive a large encrease.

5 — The tax upon Houses in the City and Suburbs of Quebec for the support of the Barracks, could not be levied upon the Inhabitants since the Town has been in our possession, as great part of it was in ruins, and many of these who were formerly wealthy have been reduced to great distress thereby, besides that it might prove a disencouragement to the rebuilding it.

6 — As probably it may be thought right, not to receive the duties on dry goods, a Tax upon Horses might be introduced in lieu thereof, it would serve also to restrain a piece of luxury the people of this Country are too apt to run into, in that respect, and prove a means to encourage the breed, of horned Cattle of which at present by the unavoidable waste of War, they are very short, besides, as Cattle must be housed here for a long time during the Winter, the Horn'd kind are fodder'd with more ease, less cost, and afford a double utility.

7th — The small salaries given by the French Government to the Civil Officers in general made them neglect their duty and wreck their invention to cheat and trick both King and People; This was carried to such a length that many instances may be cited of clerks and men in petty Offices with Yearly Salaries of only Six or Eight Hundred Livres, raising to themselves in the compass of three or four Years Fortunes of three or four hundred thousand.

8. — Before I close this article I must add that the duty on Wine may be easily revived without distressing the people or lessening the consumption, as there is no doubt that an additional one may be raised hereafter upon spirits. But it must be observed, that the lighter the burthens are laid at present upon the people, the more it will ingratiate their new Masters, the more it will enable them to repair their past losses and the sooner they will be in a condition to contribute a proper portion to the public expences.

5th

Church Government.

The Bishop.

When the Bishoprick of Quebec was first established in 1674, the See was endowed by Louis the 14th with the Revenues of two Abbacies, those of Benevent and L'Estrees; about 30 Years ago the Bishop then finding it difficult, considering the distance, to recover the revenues of them by consent of Louis the 15th resigned the same to the Clergy of France, to be united to a particular revenue of theirs stiled the Æconomats applied to the augmentation of small livings. In consideration of which the Bishop of this See has ever since received 8,000 Livres out of the said Revenues. A few Years before the late Bishops death, the Clergy of France granted him for his life only a further pension of 2000 Livres. The Bishop had no estate whatsoever, except his palace in Quebec destroyed by our Artillery, a Garden and the Ground rent of two or three Houses adjoining it and built upon some part of the land.

The Chapter of Quebec.

The Chapter consists of a Dean and twelve Canons; Their revenue consisted of an Abbacy in France which brought them in about 4000 Livres and a pension from the King of Eight Thousand paid out of the Domaine. The whole was divided into fourteen shares of which the Dean had two.

There is one vacancy in the Chapter, the present Dean the Abbé de la Corne, a Canadian and five of the Canons are in France.

Parish of Quebec.

The Town and Suburbs form but one parish which is very extensive and is served by a Curé and two Vicars under him. The Church is Parochial as well as Cathedral, no part of it is left standing but the bare walls; a Chapel of ease in the lower Town was likewise burnt during the Siege. The people at present perform their devotions in the Chapels of the several religious communities. Some part of the Lordship of Quebec is the property of the Cathedral or parish Church, stiled here La fabrique and is appropriated to the repairs of it; a dispute subsists between the Chapter and the seminary about the nomination of the Curé, the affair was to have been judged by the King but was still undetermined.

The Jesuites.

They possess a large commodious House, a handsome Chapel and a spacious Garden within the upper Town, the House and Chappel suffer'd a good deal from our artillery, but might be easily repaired; no other place in the Town being so proper, it has and is still made use of as a Magazine of Provisions. For this reason it was necessary to dislodge the Fathers the first Winter, less their turbulent and intriguing genius should prompt them to play some trick which might have proved fatal in the critical situation of affairs and which they could perhaps have easily compassed had they been suffer'd to reside in the House. After the capitulation of Montreal they were readmitted and conveniently lodged in one wing of it and have freely consented to His Majesty making use of the remainder.

Their particular province is the instruction of Youth and the Missions of the Savages, the King allow'd them on account of the latter, 13,300 Livres.

They have a very large estate in the Country and hold some lands in the Town en Roture, but are Lords of very large tracts in this Government, and of very considerable ones in the other two. They possess in that of Quebec the best part of the large and rich parish of Charlebourg, that of Lorette and most of St Foix. By the best accounts their revenues cannot be short of 30,000 Livres pr annum and most probably exceed it; of which in this Government about Eleven Thousand. They have only two Missions here, one to the Hurons at Jeune Lorette near Quebec, the other to the Montaignais at Tadousac and Chicoutimi. The whole number in Quebec Governmt the two Missionaries included is 9. The Superieur is nominated in France and holds the Office generally six Years.

The Recollets.

This is an order of Mendicant Friars who possess nothing of their own but a House and Garden in the upper Town. They had a piece of ground in the suburb of St Rock on which they formerly had a house and church, which has been abandoned for some Years. A small part of the Intendants buildings is erected upon a piece of this Land, in consideration of which under the French Government they were paid fifty Louis a Year from the Marine by way of charity as they can receive no rents. They acted as Chaplains to the Army, and at the several Forts or posts and failure of regular Clergy served the vacant Curés.

They have a provincial Commissary resident here, who superintends the whole order in Canada, sent from France and changed every three Years. The present one has discharged it twice, on account of the War. They have in this Government

Fathers10 
As Servants or Brethren9 —  — 19

Seminary of Quebec.

These are Secular Clergy: Their institution is to educate the Youth and fit them for the priesthood. They have a large House and Chapel in the City of Quebec, both in a ruinous condition ever since the siege of 1759. It is a dependance upon the seminary for Foreign Missions at Paris, who nominate the superiors and directors of that of Quebec, but their estates are not entirely distinct; besides the Island of Jesus in the Government of Montreal, they possess part of the Lordship of Quebec & the whole extent of the country from the Saut de Montmorenci to the Riviere du Goufre in the Bay of St Pauls inclusively and the Island of Coudres. This immense tract does not bring them in very considerably, their great Revenues in these parts arising from the two large Farms in the Parish of St Joachim, where before the breaking out of the war, they had between three and four hundred head of Cattle; on their estate in the Bay of St Pauls they discover'd some Years ago a Lead mine, the Veins which have been tried are slight, but two Germans who were brought over to the Country, on account of the like discoveries in the upper Country, examined this and thought it worth working; the War has prevented making further Essais upon it. The income of their estate in this Government may be estimated at about 9,000 Livres pr Annum. They consist at present of only the Superior and four directors.

Convent of the Hotel Dieu of Quebec.

This is a community of women, particularly instituted for the care of the Sick; They had been in good circumstances but their House having been entirely consumed by Fire, a few Years ago, they are considerably indebted for the rebuilding of it.

This house has two distinct estates and Purses, the one belonging to the community, the other to the Poor — The former owes about 108,000 to different Artificers, and for sums borrowed towards rebuilding the Convent.

They have a Rent charge upon the Hotel de Ville at Paris which brings them in1330Livres 
A Seigneurie in Charlebourg with estates & gardens in this Town3500  
For its share of the 7500 pd by the King3000 —  — 7830

They keep some pretty large Farms in their hands Cultivated by their domesticks, out of the produce whereof they are at present chiefly subsisted.

Number of Nuns36  
The Poor have a charge on the Hotel de Ville at Paris   
    Foundation of a Dutchess D'Aiguillon646120
    The Lordship of St Augustine1,20000
    Their other estates in the suburb of Quebec including a small one in the Island of Orleans produce about50000
    Their part of the Kings bounty was4,00000
6,346120

They are not at present in circumstances to take in any.

Convent of the Ursulines at Quebec.

This is likewise a community of Women, their institution is for the education of Young Girls.

They have a Rent charge on Hotel de Ville at Paris1,40000
A Farm in Normandy95000
The Lordship of Portneuf in this Country and St Croix, about77200
Their other estates in and about Town about96000
Nuns 38.4,08200

The chief estate of this community consists in their Boarders, and a number of little ingenious works, for which there is a great demand, by means of which they are enabled to live very decently and comfortably.

The General Hospital near Quebec.

This is a community of Women, they have a Foundation for taking care of Thirty Invalids, Idiots or Incurables, which they are at present in no condition to fulfil, their revenues being no way equal to the expence, and as a large sum is owing them by the King of France for the sick of his army. In the time of the French they were allowed rations for as many of the above as they took in and a pension of 2,000 Livres. The Ladies of this community are of the best Families in Canada and by the presents they were continually receiving from them they were chiefly enabled to subsist; That revenue is now at an end, as the Gentry in general are at present in the most distressed circumstances.

They owe a very large debt contracted in a good measure for the support of the sick Officers and Soldiers of the French Army. The French King owes them a large sum, sufficient to discharge it, but they must be reduced to the utmost beggary and distress if he does not; The sale of all their houses and Lands will scarce be sufficient to satisfy their Creditors.

Their whole estate in this Country does not bring them in at the most above5,000Livres. 
A rent on the Hotel de Ville at Paris1,800 —  — 6,800
Their Number Nuns33  
      Invalids33 —  — 66

Les Filles de la Congregation

This was an institution for teaching Young Girls to read and write; they take the vows but are not cloister'd and go abroad about their affairs. They are poor. However besides what they possess in the other two Governments they had a House in the lower Town destroy'd by our Artillery, one at Point au Tremble and one with a small Farm at St Famille in the Island of Orleans.

Their number at present in this Government    4

This Government is divided into 50 Parishes some of which are small, and not thoroughly inhabited as Yet: For want of regular Clergy, several of the Recollets serve Cures, and in some places one Curé serves two, the whole is under the inspection of a Vicar General at present, during the vacancy of the See.

Observations

1st The Canadians are very ignorant and extremely tenacious of their Religion, nothing can contribute so much to make them staunch subjects to his Majesty as the new Government giving them every reason to imagine no alteration is to be attempted in that point.

2...Care was taken under the former Government to keep up a great part of the Clergy French, especially the dignified part: To prevent the further importation of these, it would be necessary to encourage the natives to engage in the profession, which cannot be so well done, except the See is filled up, as without a Bishop there can be no ordination: some difficulty will attend this, as it is unendow'd tho' hereafter means may be found of making up this deficiency.

3d...A like difficulty occurs in relation to the Chapter, their number indeed might be reduced by letting the vacancies lye dormant, if some provision cannot be made for them as will hereafter be proposed.

4th...An expedient to assist the people in rebuilding their great Church, would much ingratiate their new Masters with them.

5th...The Jesuites are neither loved nor esteemed in general, and this order may be easily removed whenever the Government shall think proper without giving offence, out of part of their Estate provision might be made for the Bishoprick, and Chapter which would ease the Crown of further expences on that head.

6th The Recollets is an order of Mendicants, as they depend upon charity for subsistence, they are careful not to give offence; probably should they find the Inhabitants upon the present change, cool towards their Order, they will of themselves seek a better living somewhere else.

7th The Seminary educates the Youth, and fits them for Orders, it will be necessary to preserve and encourage this House on that account, and it is to be observed, this was the only Religious House or order, that heretofore did not participate of the French King's Bounty.

8th As to the communities of Women they are much esteemed and respected by the People, the narrowness of their circumstances will probably prevent their being filled up so easily as in former times; when the Canadians become a little more reconciled to British customs and Government, it may not be amiss under colour of serving those communities in their distressed situation, to restrict the admission of any under a certain sum; this regulation with another fixing a certain age, under which no vows to be taken, would probably soon reform the worst abuses of such institutions.

9th...There are some few French Protestants in this Country who no doubt will be willing to remain, it would be a great comfort to these, if a Church was granted for their use, and some French Clergyman of sound sense and good Character, with a tolerable salary, was invited to settle among them, such an establishment may be attended with the further good consequences of enticing many of their Brethren in France, to come and enjoy that religious liberty, after which they so ardently sigh, amidst a people sprung from the same origin, speaking the same language, and following the same Customs. It may likewise be conducive towards bringing about a Reformation, by slow degrees and must at least prove to the Canadians there is nothing in our Holy Religion repugnant to Virtue or Morality.

6th

Indian Nations residing within the Government

In order to discuss this point more clearly I shall first take notice of the Savages on the North shore of the River St Laurence from the Ocean upwards, and then of such as inhabit the South side of the same River, as far as the present limits of the Government extend on either side of it.

1st The Savages on the North shore. The first to be met with on this side are the Esquimaux, these are the wildest and most untamable of any, and are emphatically stilled by the other Nations, Savages. They never dress their food but eat fish rotted in the Sun and drink the oil it produces. Travellers represent them hardy, active and expert navigators: In the summer they come with their whole Families in Chaloups to fish in the streights of Belisle, these they leave in the Bays, and go out themselves to a considerable distance in Canoes made of skins wherein they sew themselves up. Their clothes and sails of their Vessels are made of the skins of wild beasts; They are reckoned treacherous, and have had many encounters with the French and Canadians employ'd on the fisheries in those parts. Their Language is not understood but a few words they make use of nearly resemble the dialect of some of the most northern European Nations. A few here have trafficked with them and made a considerable advantage by it, but they never agreed well together; any trade with the Esquimaux however must be precarious; The Coast is rocky and difficult of access, the season for navigation short, and the risks too great to entice adventurers; they have never been known to come on this side of La Forteau.

2d — The Montagnais or Monsonies inhabit a vast tract of Country from Labrador to the Saguenay; they are again distinguished into those who live in the inland parts call'd Nascapies, and the inhabitants of the water side, for this reason stilled Chuchouxlapishouets. They take as many different names as they have Villages but are all the same people, and speak the same language. As in the interior parts of the Country there are many Lakes and Rivers which communicate with Hudson's bay, the former often trade on that side, which the latter also would have been obliged to do, if the interruption caused by the War, had continued for any time, tho' from the more convenient situation, they would have ever reverted to those who were Masters of the River St Laurence, those are the mildest and most tractable of all Savages and never enter into War. Tho their country is extensive their number is inconsiderable; From Labrador to Mingan the Traders do not reckon more than from Eighty to one Hundred Families, and of those who resort to the King's Posts, there may be about 220 Families in all, but as their habitations are easily moved they are ever changing and shifting from one place to another.

A Jesuit Missionary meets them at Tadousac when they come there for the trade and he resides in the neighbourhood all the Year.

3d...The most civilized of all the Indians in this part of the World are the Hurons settled at a little Village called Jeune Lorette about 3 leagues from Quebec. These are called Roman Catholicks and are a decent well behaved people, it is now many Years since they removed there from their ancient habitations about Lake Huron or Erie, are settled upon lands belonging to the Jesuites, and live in much the same manner as the Canadians. They have excellent good Houses, Cultivate their own lands and live upon the produce: In the Hunting season they go into the woods and hunt themselves or traffic with the more remote Indians for their Pelletries. Some of the Elders have been so tenacious of their Mother tongue, they hardly speak a word of French, but most of the Younger ones speak it tolerably well; indeed it has ever been the policy of the French Government to make them retain that and as much of their ancient customs as possible, that they might prove of greater use to them in case of war with other nations, at the same time they endeavour'd to attach them to their Interest by every tie. A Missionary resides among them, they have a neat Chapel, where divine service is constantly performed at which all the Savages assist with a punctuallity and decorum worthy of imitation by more enlightened people; They seem to be well satisfied with the change of Masters, and were so particularly pleased at their Village having been spared during the Winter 1759, tho' forced by the French to abandon it, that they never could prevail on them to act with any degree of vigor against us. They have at present but 32 Warriors and the whole Village, Men, Women and Children are short of 100. Their number is decreased at least one half within these forty Years, and the Tribe would by this time have been almost extinguished but for the supplies they got by captures in War, and the sale of unhappy infants whose Parents chose to conceal their own shame at the expence of such iniquitous bargains.

2d Savages upon the South Shore

These have wandered about the Country so very much and have been so unsettled by the continued Wars and frequent revolutions that have happen'd in this part of the Continent, it is hard to give any tolerable account of them at this time. By the best informations we have been able to collect, the Miamies were settled, and some are still, about the Bay des Chaleurs; and upon the Coast and Bays in the Gulph, they are not at present numerous. In 1759 about one hundred of them joined the French.

The Kanibas and Malecites, inhabit about the Rivers St John and Pentagouest; their Language and that of the Abenakies is pretty nearly alike, and the three Nations are a good deal intermixed. The latter were settled about Narantsauc and Panaouanské, now wander about the South shore, and range the woods as they find it best answer their purpose, with those of the same tribe at St François and Beaconcourt in the Government of Trois Rivieres, it is computed they may amount to twelve or fifteen hundred families and in 1759 about 600 fighting Men of these Nations joined the French army near Quebec.

Under the French these were the only Indians who resorted to this place, where they received from the Government presents of Powder, Shot, Vermillion and other trifles; in time of War Clothing and Provisions.

Montreal was the chief seat of the Fur-trade and the greatest concourse of remote and back Indians or of those who traded with them, was there. There the Governor General used to meet and confer with their Chiefs and all business relative to them was mostly transacted.

From the Governor of Montreal therefore Your Lordship will certainly get fuller and better accounts on this head than I can possibly give.[s]

I have and ever shall be attentive, that due justice as far as in my power shall be done to them; few Complaints have as yet been made, when there have been any they have met with instant redress.

7th

Nature of the Soil and its Produce

With a very slight cultivation all sorts of grain are here easily produced, and in great abundance, the inhabitants are inclinable enough to be lazy, and not much skilled in Husbandry, the great dependancies they have hitherto had on the Gun and fishing rod, made them neglect tillage beyond the requisites of their own consumption and the few purchases they needed, the Monopolies that were carried on here in every branch, made them careless of acquiring beyond the present use, and their being often sent on distant parties and detachments, to serve the particular purposes of greedy and avaricious Men without the least view to public utility, were circumstances under which no country could thrive; As they will not be subject to such inconveniences under a British Government, and being necessarily deprived of arms they must of course apply more closely to the culture of their Lands.

The mines already discover'd, and the mineral and sulphurous waters in many parts of this Country leave no room to doubt, nature has been bountiful to it in this respect, and that further discoveries and improvements are likely to be made with regard to these, whenever it becomes more populous. Notwithstanding the waste of war, which they have much more severely felt from their pretended friends, than from their declared foes, the Country will abound in three or four Years with all kind of provisions, sufficient not only to answer their home consumption, but even to export if a Market can be procured.

Observations

1st...They grow both Hemp and Flax in some parts of the Country, and many of the Lands are well cultivated for this Production. It will be right to turn the thoughts of the people towards the cultivation of this article, so essential to Great Britain and for which she annually pays great sums to Foreigners, a few premiums properly disposed of, some Germans and Russians skilled in raising and preparing the same and encouraged for that purpose to become settlers here may in a short time greatly improve this most useful branch of Agriculture.

2d..This will be one means of employing the Women and Children during the long winters in breaking and preparing the flax and Hemp for exportation, will divert them from manufacturing coarse things for their own use, as it will enable them to purchase those of a better sort manufactured and imported from Great Britain.

8th

Population

The present state of population may be easily seen by the annexed[t] Account of the number of people in this Government taken about a twelve month ago.

There is great reason to believe this Colony has been upon the decrease in this respect for near twenty Years past, the Wars which they have been almost constantly carrying on, the strictness with which Marriages within a certain degree of consanguinity were forbidden except by dispensation, the obliging Strangers inclined to engage in that state, previously to prove their not being married before, and the prohibition of intermarriages between protestants and Roman Catholics were so many bars to the propagation of the Species, these difficulties are now in a good measure removed; the men are an active, strong, and healthy race, the Women are extremely prolifick and in all human probability the next twenty Years will produce a vast increase of People.

9th

Trade

The French bent their whole attention in this part of the World to the Fur Trade, they never enter'd heartily or with any spirit into the fisheries; most of what was done in this way was by adventurers from the ports of France; some Fish indeed Lumber and provisions were exported to the French islands. Had this trade been opened and agriculture promoted here with any degree of warmth, this branch of Commerce must have become both valuable and extensive but it was monopolized into the hands of a few, by the connivance and management of the Chiefs, the sole view of these being to enrich themselves by every means. The interest of the State could not fail to be sacrificed upon all occasions.

By the best accounts we can procure, the value of Furs exported in the Year 1754 and 1755 taken from the Duties paid thereon stood thus

lb.sd
£64,4954[u]in 17541,547,885110
52,73584[v]in 17551,265,65000

No. 7, shewing the species of Fur and Quebec price;

No 7: Do p. 81.

But the most intelligent Traders here estimate the exportation of this one article to have amounted one Year with another to near £140,000 Sterling pr annum.

The exportation of these two Years apparently falls very short of this estimation, but it is probable a considerable quantity was run, for the value of imports amounted

£216,7694[w]in 1754 to5,202,461150
75,5608The Exports of the same Year to1,813,450110
£141,208160Ballance against the Colony would consequently appear3,389,01140

No 8. Imports and Exports of 1754, p. 81.

which carries with it no degree of probability but a strong presumption, that in this as indeed in every other branch the publick was ill served; such of their custom house books as have come into my hands, are so confused and irregular, that even the late Mr Farrant sent by the Lords of the Treasury to enquire into the commercial state of this Country tho' sensible and skill'd in transactions of the like nature, could collect little information from them.

The French East India Company had the sole privilege of exporting Beaver, for this purpose the Company had an agent at each Government as Director and a Comptroller, a stated price was paid for it[x] four Livres a pound for the green or winter Beaver and one livre ten sols for the Parchement or summer one. The Companies officers gave their receipt for the quantities brought into their Storehouses these became current in the Colony as cash, and in October the Agents drew Bills of Exchange on the Company for the amount of receipts brought into their Office which were ever held in more esteem than those drawn on the Royal Treasury.

The provinces of New York and Philadelphia now share with Canada a great part of the Fur Trade formerly in the hands of the French, but that proportion of it, which the Quebec government enjoy'd must remain here unalterably.

The foregoing is an attempt to sketch the trade of Canada, while subject to French Government, but under the full enjoyment of His Majesty's mild and gentle administration, its commerce must flourish to a far greater extent.

1st A Most immense and extensive Cod Fishery can be established in the River and Gulph of St Laurence, and may in time prove an inexhaustible source of wealth and power to Great Britain; Settlements may be formed in the neighbourhood of the best fishing places to which the industrious and intelligent in that branch may be invited and encouraged to repair; a rich tract of country on the South side of the Gulph will in consequence be settled and improved, a Port or Ports established and furnished with every material requisite to repair Ships, that have suffer'd by stress of weather or the difficulties attending navigation in such narrow seas, a point much wanted which will lessen the risks, and considerably increase the profits of the Commerce of this Colony.

It is further to be observed that the Fish caught upon these coasts and in the bays, far exceed the bank Cod and fetch an advanced price in foreign markets; The fishermen being on the spot will commence fishing the very instant the season permits and will continue to the very last of it whereby at least two Months will be gained to the trade, which are just now a heavy expence to it, without producing the least profit to it.

2d Next to the Cod in importance is the Whale fishery which can be carried on to the greatest advantage in the River St Laurence with less risk and expence than in any other seas, where the animals resort; Under this head may be placed the seal and sea-Cow fisheries of which there is a prodigious abundance, and an immense (sic) of oil and Whale-bone may be annually exported to Great Britain.

3d..There are several small rivers on the Coast of Labrador abounding with vast quantities of salmon; this if followed with spirit and industry, might very soon become a considerable object to the British Trader.

4th..His Majesty's Yards may by the best accounts be supplied with masts from Chamblie, at a much cheaper and easier rate than from New England. By the latter a tedious Land carriage of several miles and the immense falls of a most rapid river over which they must be rafted and where many are lost must greatly enhance the value of this useful and necessary branch of Naval Stores; whereas by the former with little or no risk at a proper season there is an easy water carriage for them all the way to Quebec, the port for shipping them to Europe.

5th..Tho' as has been before observed, this province must now share the Fur Trade, which she formerly possessed under the French Government, with the neighbouring Colonies, Yet that which was carried on with the different nations inhabiting the northern Coast of Canada, must still remain with her; she may likewise hereafter regain a great part of that with the upper Country, on account of the more easy conveyance.

It is likewise probable that this very branch may be much farther extended, than ever it was under the French, by reason of the superior diligence and application of the British Traders.

It must be allowed the French were laudable in restraining the vent of Spiritous Liquors to the Savages beyond a certain quantity: by this means many broils were avoided, for they are fond to excess of everything strong and are all mad in their intoxication.

6th...Raising hemp and flax for which the lands are in many places extremely proper must be an object of the most serious consideration, And I must repeat here, how useful this must prove to the end of promoting agriculture, of employing the Women and Children during the tedious winter months, and of procuring in a short time a vast exportation of that useful commodity for which the returns will be made in British Manufactures.

7th...As the Country abounds every where with oak, Ash, Hickory, Walnut, Birch, Beech, Maple and other hard woods, which by experience are known to Yield the most Salts, the article of Pot-ash so much demanded in our Manufactures, may be easily produced and soon become an object of consequence; The essais for this purpose which have been made in our other Colonies and have miscarried, ought not to discourage an attempt in this. The high price of Labor; the Woods being in many parts remote from Water carriage, and the greater encouragement for growing and exporting provisions to the West Indies, have been so many obstacles to the making of Pot-ash in our Colonies, whereas provisions here must be very cheap in a few Years, for the navigation being closed six months out of the twelve this Country can never vie with our Southern Provinces in the West India trade; besides the country being settled close to the River side, the conveyance of the Commodity to the Port where it is to be shipped, will be both cheap and easy it will likewise be a means to employ the men all Winter in the business of Felling and drawing of Wood which time they chiefly dedicate to idleness and smoking.

10th

Character of the People

The Canadians may be ranked under four different classes

1st The Gentry or what they call Nobility

2d The Clergy

3d The Merchants or trading part

4th The Peasantry or what is here stilled, Habitant.

1st The Gentry. These are descended from the Military and Civil officers, who have settled in the Country at different times and were usually provided for in the Colony Troops; These consisted formerly of 28 afterwards 30 and had been lately augmented to 40 Companys. They are in general poor except such as have had commands in distant posts where they usually made a fortune in three or four Years. The Croix de St Louis quite completed their happiness. They are extremely vain and have an utter contempt for the trading part of the Colony, tho' they made no scruple to engage in it, pretty deeply too, whenever a convenient opportunity served; They were great Tyrants to their Vassals who seldom met with redress, let their grievances be ever so just.

This class will not relish the British Government from which they can neither expect the same employments or the same douceurs, they enjoyed under the French.

2d The Clergy. Most of the dignified among them are French, the rest Canadians, and are in general of the lower class of People, the former no doubt will have great difficulty to reconcile themselves to us, but must drop off by degrees. Few of the latter are very clever, however the Ecclesiastical state was once composed entirely of natives, they would soon become easy and satisfied, their influence over the people was and is still very great, but tho' we have been so short a time in the Country, a difference is to be perceived, they do not submit so tamely to the Yoke, and under sanction of the capitulation they every day take an opportunity to dispute the tythes with their Curés.

These were moved from their respective parishes at the Bishops pleasure, who thereby always kept them in awe, it may not be perhaps improper to adopt the same Method, in case His Majesty should think right, for the sake of keeping them in proper subjection, to nominate them himself or by those who act under his authority.

It is not improbable that the Jesuites warned by their late disgraces in the dominions of these Potentates who seemed to favor them the most, and apprehending the like or worse treatment from those they stiled Heretics will chuse to dispose of their Estates and retire, as they may possibly find some difficulties to get purchasers the Government might buy their Lands at an easy rate and dispose of the same to many good purposes.

3d The Traders of this Colony under the French were either dealers in gross or retailers, the former were mostly French and the latter in general natives of this Country all of whom are deeply concerned in the letters of Exchange many are already gone to solicit payment and few of those who have any fund of any consequence in France will remain here.

4th....The 4th Order is that of the Peasantry, these are a strong healthy race, plain in their dress, virtuous in their morals and temperate in their living: They are in general extremely ignorant, for the former government would never suffer a printing press in the Country, few can read or write, and all receive implicitly for truth the many arrant falsehoods and atrocious lies, industriously handed among them by those who were in power.

They took particular pains to persuade them, the English were worse than brutes, and that if they prevailed, the Canadians would be ruled with a rod of Iron, and be exposed to every outrage, this most certainly did not a little contribute, to make them so obstinate in their defence, However ever since the Conquest, I can with the greatest truth assert, that the Troops have lived with the Inhabitants in a harmony unexampled even at home, I must here, in justice to those under my command in this Government, observe to Your Lordship, that in the Winter which immediately followed the reduction of this Province, when from the Calamities of War, and a bad harvest, the inhabitants of these lower parts were exposed to all the horrors of a famine, the Officers of every rank, even in the lowest generously contributed towards alleviating the distresses of the unfortunate Canadians by a large subscription, the British Merchants and Traders readily and cheerfully assisted in this good work, even the poor Soldiers threw in their mite, and gave a days provisions, or a days pay in the month, towards the fund, by this means a quantity of provisions was purchased and distributed with great care and assiduity to numbers of poor Families, who, without this charitable support, must have inevitably perished; such an instance of uncommon generosity towards the conquered did the highest honor to their conquerors and convinced these poor deluded people, how grosly they had been imposed upon; the daily instances of lenity, the impartial justice which has been administer'd, so far beyond what they had formerly experienced, have so alter'd their opinion with regard to us, I may safely venture to affirm for this most useful Order of the state, that far from having the least design to emigrate from their present habitations into any other of the French Colonies, their greatest dread is lest they should meet with the fate of the Accadians and be torn from their native Country.

Convinced that this is not to be their case and that the free exercise of their religion will be continued to them once Canada is irrecoverably ceded by a Peace the people will soon become faithful and good subjects to His Majesty, and the Country they inhabit within a short time prove a rich and most useful Colony to Great Britain.


Before this report is closed it will not be improper to observe to Your Lordship how impossible it is to ascertain exactly what part of North America, the French stiled Canada, no Chart or Map whatever having fallen into our hands or public record of any kind to shew what they understood by it.

However it is to be hoped, the limits on this side at least will need no canvassing nor admit of any dispute

Should I be able to procure farther lights relative either to those limits or the several other matters contained in this Report worthy of notice, You may be assured they shall be forthwith transmitted to Your Lordships, happy if my labors can any way conduce to His Majesty's Service, or the good of my Country.

I have the Honor to be with great truth and regard

    My Lord, — Your Lordships, most obedient

        and most faithful humble Servant

            JA: MURRAY

Quebec 6th June 1762.

Papers refer'd to in this Report[11]

No1Kings Arret of the 15th March 1732 directing the letting of the Lands granted already within a certain time limitted on pain of forfeiture.
2Tariff of Duties on Imports and Exports
3List of Revenue Officers in Canada the Year 1758 with their Salaries.
4Ordonnance current for llb: 10s or about 7½ Sterling.
5Extract of a Letter to Governor Murray giving some account of the India trade in the Upper Country.
6Number of souls in the Government of Quebec 1761.
7thQuantity of Furs exported in 1754 with the Quebec prices of the several species.
8Imports and Exports in 1754

Seven Plans

Project for Building a Citadel.


In the despatch of Lord Egremont to Sir Jeffrey Amherst of 12th Dec., 1761, in which the King approves of the system of military government established in the districts of Quebec, Three Rivers, and Montreal, he instructs him to send, for His Majesty's information, a full account of the newly acquired countries. In response to this command communicated to Murray, Burton, and Gage, we have this and the two following Reports, which were transmitted to the Government by Sir Jeffrey Amherst. These Reports were among the documents submitted to the Board of Trade for their information in preparing a plan of government for the territories ceded to Britain by the Treaty of Paris of 1763. See p. 130.

Plan not given.

An Arpent consists of ten perches each 18 feet French measure.

Five ports — Tadousac, Chicotini, Mai baye, Islet de Feremie, Sept Isle.

No. 5. Extract of a Letter giving some account of the Trade of the upper Country.

No 6, p. 81.

The Company deducted 5 pr Cent on the above price from the Seller.

The papers here mentioned do not accompany the Report as preserved in the Public Record Office.

COL. BURTON'S REPORT OF THE STATE OF THE GOVERNMENT OF THREE RIVERS.[12]

The Government of Trois Rivieres lyes upon the River St Lawrence, between the two Governments of Quebec, and Montreal.

Length

It Extends about Eighty Miles along the Shore of the River, which in its Course Divides it into two Departments, the North beginning a little above a place Called Les Grondines, which Divides it from the Government of Quebec, & goes up as far as the River Chicot, where it Ends; and the South Department beginning between St Jean, & St Pierre les Bequets, Ending with the upper part of Yamasca Bay.

Breadth

It Runs to the Southward as far as Nova Scotia, Newhampshire, & the Massachusetts, to which Countries Several Rivers of this Government Afford a short passage, especially those of Nicolette, & Biencour, which run up within five or six miles of the source of Kennebeck River, and that of St François, navigable for Canoes to the Portage, which is six miles over, You then Enter a branch of the Connecticut River. To the Northward, this Government stretches thro' an Immense Tract of Country, as far as Hudson's Bay; and the same Nations that trade with the Company settled there, used formerly to bring their Furs into this Government thro' the Rivers of St Maurice & Batiscan.

Notwithstanding the Factory settled at Hudson's Bay, and the Posts at Tadousac, & Chicoutimi up the Saguenay, the easy Navigation of those Rivers especially that of Batiscan, Induces several of the Indians, Called Têtes de Boulle to Come down even now to this Government every spring.

State of the Country

All the Lands in this Government, as well as thro' all Canada, are Divided into Seigneuries, & mannors, granted by the Crown of France to different people, upon certain conditions, such as settling them within a limitted time, paying Hommage at Every Change of Seigneur, and part of the purchase in case of Sale, as also Reserving to the Crown the right of cutting timber for building of Ships, or Erecting Fortifications. The Seigneurs are likewise obliged by the said Grants to Report to the Governor Whatever mines may be Discovered in their respective Seigneuries, as all mines found in Canada are the King's Property. In general these Seigneuries run Four or six Miles in front; and six or nine deep from the Banks of the River St Lawrence so that many Lands are yet in the hands of the Crown, on the back of those that are Granted.

The Seigneurs had by their Original Grants the power of naming Judges & Administring Justice, even in Capital Cases, thro' their Districts; but Custom has Abolished those too great privileges, tho' the Powers for it are yet extant, in the hands of the Seigneurs: However all suits are now Carried before the proper Tribunals named & established by the Crown.

The Habitations are for the most part settled along the banks of the River St Lawrence, or up the Rivers & Rivulets that fall into it, and are seldom Carried up higher than five or six Miles. There are in this Government Eighteen Parishes, vizt

North ShoreSouth Shore — 
St Anne,St Pierre Bequets
St Marie,Gentilly
Rivre BatiscanBiencour
Côte BatiscanNicolette
ChamplainBay St Antoine
Cape MagdalaineSt Francois
Trois RivieresYamasca
Point du Lac 
Machiche, 
Rivr du Loup. 
Maskinonge 

These seven last Parishes, vizt. Du Lac, Machiche Rivre du Loup, and Maskinongé on the North Shore; Nicolette; Bay St Antoine, St François, & Yamasca on the South, are settled round Lake St Pierre, which is formed by the Spreading of the Water of the River St Lawrence, the Bottom muddy, the Water Shallow, one & Twenty miles in Length, and about ten in Breadth; the Channel is not above thirteen feet deep, but the bottom of so soft a mud, that a Vessell drawing Fourteen feet may plough through it, it Abounds with many sorts of Excellent Fish.

The Town of Trois Rivieres which is the Capital lays in the Centre of this Government, as also at an Equal Distance from Quebec, & Montreal; it is built upon the North Shore of the River St Lawrence, and Consists of about One Hundred Houses a Parochial church, a Convent of Ursuline Nuns, & Another of Recollet Priests.

State of the Fortifications

There was no other Fortification in this Town, than the Governors House, which is Stockaded round, and Commands by its Situation the Town & Country about it, Untill the siege of Quebec in 1759. When they Erected Batteries in several Parts of the Town, made an Irregular Intrenchment on that side of it which looks towards the River St Lawrence; and threw up Lines flanked with two Redoubts, in the Common that lyes to the Westward towards Montreal.

State of Defence

This place is at present in no state of Defence, the French having Neglected from their Imaginary Security to pay the least Attention to Fortifying it, & suffered the Inhabitants to build their Houses upon the low Ground near the Common, which is liable to be overflowed Every Spring, rather than take advantage of the high Situation upon which part of the Town is built, whereas they might have secured to themselves at a very little Expence, Safe & convenient Magazines for Stores & Provisions, which the equal Distance from Quebec & Montreal, & the proximity to the Iron Mines & Forges that lay behind this Town seem to have pointed out.

Products of the Soil

The Laziness of the people, & the alluring & momentary Advantages they reaped from their Traffick with the Indians in the Upper Countrys, & the Counterband Trade they Carried on with the English Colonies, have hitherto prevented the progress of Husbandry, so that out of very near One Hundred Thousand of Acres of Land, granted by the Seigneurs of the different Parishes, there are not sixteen Thousand under Cultivation, whereof hardly Five Thousand have been Employed for sowing of Wheat, which for many years past have not been sufficient for supplying the Inhabitants of this Government with Bread; and has obliged them to procure Yearly from the Governments of Montreal, or Quebec, several Thousand Bushells of Wheat, in Exchange for Fish, Oats, & Tobacco. The Soil tho' light & sandy in some Parishes produces in general, good Crops of Wheat, Oats, Pease, & all sorts of Vegetables. Tho' the Lands are not near so well Cultivated as they might be, Fruit trees such as Apples, Pears, & Plumbs, have been often planted in this Government, but don't thrive — The Inhabitants attribute it to a Stratum of marle that lyes within a foot, or fourteen inches from the surface, which Occasions the Tree to Decay, as soon as the Root touches it. In the sandy Parts of this Government, musk & water melons are produced in great abundance, good of their kind, and with very little trouble. The difficulty for some years past for procuring Tobacco, from the English Colonies, has encouraged the Inhabitants of this Government to Cultivate it, by which means many of their Corn Fields have been turned to that use, and those Lands greatly Impoverished.

State of the Revenue of this Government

This Government has hitherto brought nothing into the French King's Coffers. There was formerly a Regular Office for buying of Beaver Settled at Trois Rivieres, in the same manner, and with the same priviledges & Restrictions as those of Montreal, and Quebec. But the Advantage which the Inhabitants found in Carrying their Packs to either of the above mentioned Towns, where they could supply themselves with what Goods they wanted, encouraged them to Venture, disobeying the orders given to the Contrary, and of Course rendered the produce of that office, so trifling that after some Years it was joined to that of Quebec.

The only Branch of the Revenue remaining in this Government, is the Kings Dues & Rights, Amounting to a twelfth part of the Price in Case of Sale or Exchange of such Lands, or Houses, as lye upon his Demesnes; as also a fifth Part of the Price of Sale or Exchange of all Seigneuries & Mannors, as being Lord Paramount of all the Lands & Estates in Canada, of which Dues a third part was always remitted, thro' the King's Pleasure. The produce of which Branch has likewise failed from the want of a Commissary in this Government to Inspect, and look into it. — N.B. There was only One Person called Receiver-General of the King's Demesnes in this Colony, who Resided at Quebec, from the distance, & the want of a Deputy in this Government, the Inhabitants had all the opportunitys they could wish, to sink the King's Dues.

Former Management Rejected all but one Article

Indeed no part of the Former Management seems worthy of Adoption, but that of the King's Rights and Privileges, as every other Branch of the Ancient Administration, has been the most powerful means of stopping the progress of this Colony.

Expences of this Government

The Expences of this Government cannot be Easily Calculated, as the most material Branch depended upon the probity of the Governors, Intendant, and Keeper of the King's Stores, as also the variable Circumstances of more or less Indians being Employed or visiting this Government; for which purpose there was at Trois Rivieres a Considerable Magazine of Provisions, & Dry Goods of all sorts, Wholly Intended to Supply the wants of Indians living in this Government marching thro' it, or Coming to Trade; the Expence of which Amounted some Years to two or three Hundred Thousands of French Livres, others less. Another branch, but of a Clearer nature was the Sallaries of the People upon the Staff in this Governmt & are as follows.

French Livres.
To a Governor6,000: — 
Lieut Governor2,000: — 
Town Major1,500: — 
Town Adjutant1,100: — 
And in the Civil Branch. 
To a Lieut. General or Chief Judge600: — 
King's Attorney300: — 
a Taylor600: — 

Lastly the King was pleased to Grant every Year, to the two Religious Houses of Ursulines & Recollets in the Town of Trois Rivieres, a Gratification not exceeding Twelve Hundred Livres for both Houses; and His Majesty was likewise at the Expence of paying for the Board of such Bastard Children, as were Declared to, and Registered by the King's Attorney, All which Expences were paid Half Yearly by the Treasury at Quebec.

Advantages derived to the French

To all Appearances the French Derived no advantages from this Government, and utterly neglected, or abused such as they might have Improved, or profited by.

The most Material which they Abused was that which might arise from the Iron mines & Forges settled about seven Miles behind the Town of Trois Rivieres, up the River St Maurice.

This Establishment Consists of one Furnace and two Forges built upon a little Rivulet, whose water never freeses; it Discharges itself into the River St Maurice, from whence the Iron may be easily Conveyed to any Magazine at Trois Rivieres in Batteaux, and from thence in Vessells to Montreal or Quebec. There are besides a large Stone House for the Managers & other wood Buildings for the People Employed at the Works.

The Mine that has hitherto supplied the forges lays very near the surface of the Earth, in a low marshy Ground seven or Eight miles from them, There has hitherto been no Road made to it, as they used to fetch the Ore in Sledges during the Winter Season; but a good One may be easily made.

The Iron made from this Ore, is so Excellent in its Quality, that in a late tryal made by order of His Excellency General Amherst, it was found greatly superior to any made in America, and even Exceeds that Imported from Sweden.

This Mine was opened in the Year 1732, and Granted in 1736 to a Company, whom the King Assisted with a Loan of about 3000 pounds sterling. They obliged themselves to Afford what Iron the King might have occasion for, at two Dollars and a half the hundred weight; Whereas this Iron in Barrs never sold for less than five or Six Dollars in this Colony. Their own Extravagance; and the low price of Iron Stipulated for between them and the King, was the reason some Years after of their giving up the Grant, and Declaring themselves unable to Repay the Loan they had borrowed from His Majesty.

In 1742 the King took back the Grant, and kept the Forges in his own hands, which from that time were put entirely under the Direction of the Intendant.

The Works were then Carried on in a Larger scale, the mine produced ore in great plenty; and in the Year 1746 the single Furnace built there returned one Million Eleven Hundred Thousands five Hundred & Twenty three pounds weight of Cast Iron which produced Five Hundred Thousand Weight of pure Iron, besides a large Quantity of Stoves & Pots, Notwithstanding All This, the great number of useless People employed there, such as a Director, a Comptroller, a Contractor for Provisions & forage, Several Overseers in Chief, a Chaplain &ca, at large sallaries; the little attention paid to the Improvement of the Lands to procure Oats & Hay. Which was always bought at a great Distance, and at a Considerable expence, & besides the Fraud of the Intendants, by whom all the accots of that Branch were settled; rendered that Establishment rather burthensome than profitable to the Crown. All the Buildings, Machinary, & Tools are now in a most Ruinous Condition, and require a thorough Repair. But the natural Advantages still Remain, vizt the mine itself, to which may be added another yet untouched, laying about three miles from the Forges, on the other side of the River St Maurice, the Woods about that Establishment, a Quarry of Limestone, absolutely necessary for the Melting of the Ore, Eight miles up the River St Maurice; and lastly the Rivulet upon which two more Forges & a Furnace may be easily built without any Incumbrance to Each other; All which Advantages may certainly be greatly Improved to the Advantage of the Crown, by Supplying His Majesty's Navy with proper Iron for Ship Building.

Tho' this Government is Extremely well timbered, with proper Wood for building of Ships, & for Masts, yet the greater Facility of supplying the Navy with those Materials from Lake Champlain makes that Article less valuable. The Lands have been tryed & found Equal to produce plentifull Crops of Hemp & Flax — Rope walks might be Established, in many Parishes of this Government, and an office at Trois Rivieres for buying of Hemp or Ropes.

The Woods Abound with Pine Trees that would Afford great Plenty of Pitch, and all sorts of Gums; as also with Maple & Plane Trees, from which the Inhabitants, at the breaking up of the Frost, draw a great quantity of Syrup, and by boiling make a Coarse kind of Sugar for their own Use. Much more of this kind of Sugar might be made, should it be thought proper to Encourage it.

state of population

The same Reasons mentioned above, which have hitherto prevented the progress of Husbandry, have also stoped the Encrease of people. The greatest part of the young men, allured by the Debauched and Rambling Life, which always Attend the Indian Trade in the Upper Countrys, never thought of settling at home, 'till they were almost wore out with Diseases, or premature old age.

The Number of Regular Troops in this Government, will be seen by Annexed Return No 1.

The Number of Canadian Inhabitants with a Distinct Column of the Number of those that are able to Bear Arms, by the Return No 2.

The Number of Acres granted by Seigneurs, the property of the Lands, with the Number & Species of Cattle upon them, by the Return No 3.

The Number of Christenings, Marriages, & Burials, since the latter part of the Year 1760, to April 1762, by the Return No 4.

disposition of the inhabitants

The Inhabitants & Chiefly the Peasantry seem very happy in the Change of their Masters. They are protected in the free Exercise of their Religion; they begin to feel that they are no longer Slaves, but that they do Enjoy the Full Benefit of that Indulgent & Benign Government which Constitute the peculiar felicity of all, who are Subjects to the British. Empire.

None have hitherto, to my knowledge emigrated from this Government; And at present there seems no grounds to fear the emigration of any of them. The Gentry are the only People, who may perhaps Intend to Remove, if the Country should Remain Under the Government of Great Britain. In general, they Chuse not to Speak upon the Subject, as they still flatter themselves with tacit & Distant hopes of the Country being Returned to its former Masters.

R. BURTON.

No 1.

A Return of the British Forces Quartered in the Government of Trois Rivieres April the 5th 1762.

key: A Place where Quartered; B Regiments; C Companies; D Officers Present; E Commission'd; F Non Commission'd; G Captains; H Lieutenants; I Ensigns; J Serjeants; K Drummers; L Effective Rank & File

D 
EF
ABCGHIJKL
Trois Rivieres44thCaptain Hervey.....212173
Captain Treby.1212269
Masquinonge and Machiche46thCaptain Legge.1112160
St Anne & Champlain46thCaptain Arnot.1112259
St François46thCapt. Johnston....113259
Total375128320

44th Regiment — Captain William Hervey Major of Brigade; one Serjeant recommended; one Serjt one Drummer on Party.

46. Regiment — Captain Alexander Johnstone at Quebec, with leave of General Amherst, one Serjeant on Party.

R. BURTON

Colonel — 

No 2.

Return of the Canadian Inhabitants settled in the Town & Government of Trois Rivieres in April 1762 — 

key: A Names of Parishes; B House Keepers; C Married women & widows; D Males unmarried & children; E Females unmarried & children; F Male Servants; G Female Servants; H Men able to Bear Arms; I Total of the People.

ABCDEFGHI
Les Trois Rivieres1141301481685953136672
Point du Lac464466732153232
Machiche10611017616492153567
Riviere du Loup1049715214122488500
Masquinongé6562112942362338
Yamasca1101171611532012149573
St François575290111161470340
Baye St Antoine575194675567279
Nicolette95841221231210111446
Bécancour636065841666279
Jentilly273041441235148
St Pierre3333706914053219
Ste Anne584411085171260326
Ste Marie584980853864283
Riviere Batiscant98951531546765513
Batiscant353560796854223
Champlain48497271301865288
Cape Magdaleine32294535151840174
Forges St Maurice1111182831072
Total121711821838194824318413916.472

N.B. There are besides in this Government Three Indian Villages, one at Bécancour; Another at St François both of Abenakis; and the last at Pointe du Lac of Algonquins, Containing about 500 Men Women & Children — Besides Forty Five Families of Acadians, amounting to very near Two Hundred people hutted in different places of this Government — .

From the Registers of the Secretary's Office at Trois Rivieres, the 5th of April 1762.

J. BRUYERE. Secry

No 3.

Return of the Lands granted by the Seigneurs, those under Cultivation, their Natural property, & the Number of Cattle upon them, throughout the Town & Government of Trois Rivieres, in April 1762 — 

Key: A Names of Parishes; B Acres of Land Granted; C Acres under Cultivation; D Property of the same; E Horses; F Horned Cattle; G Sheep.

ABCDEFG
La Trois Rivieres58301339All sorts of grains8021050
Pointe du Lac2780280Wheat & Oats205012
Machiche98001800Wheat9025070
Riviere du Loup62001200Wheat & Oats9016020
Maskinongé4250550Wheat Oats & Pease5015025
Yamaska93001300All sorts120380150
St François26001100Wheat & Indian Corn6018040
Baye St Antoine60001000Wheat & Pease5020080
Nicolette92001200All sorts6021080
Bécancour3400400All sorts4020020
Jentilly5800200All sorts24607
St Pierre3900400Wheat & Oats3512030
Ste Anne3850850Wheat & Oats6411075
Ste Marie46371100Wheat & Oats66142133
Riviere Batiscant3500500Wheat Oats & Tobacco10724025
Batiscant40331482Wheat Tobacco4612738
Champlain56601400Wheat Oats & Tobacco8017510
Cap Magdaleine2100600Oats & Tobacco4114219
928401670111233106884

N.B. There is in this Government great plenty of Hogs, Poultry, Wild Fowl, especially wood Pidgeons: Abundance of Fish in Lake St Pierre And such an amazing quantity of small fish Crouding up the River St Maurice about Christmas, that it is sufficient to maintain several poor families, during great part of the Winter — They even feed their Hogs with them.

From the Registers of the Secretary's Office at Trois Rivieres April 5th 1762

J. BRUYERE.

Secry

No 4.

Return of the Number of Christenings, Marriages, & Burials in the Government of Trois Rivieres from September 1760, to April 1762.

Names of ParishesChristeningsMar-Burials
MaleFemaleriagesMaleFemale
Les Trois Rivieres3836192734
Pointe du Lac810475
Machiche3530123113
Riviere du Loup19231875
Masquinongé11131173
Yamasca2432261120
St François212071817
Bay St Antoine13161478
Nicollette16191957
Bécancour18142124
St Pierre188835
Ste Anne3833192521
Batiscant et Riviere Batiscant3832212012
Champlain et Jentilly161812814
Cap Magdaleine83443
Total321307215182171

Thus the Number of Births in this Government have during the above mentioned time, Exceeded that of Burials by 275 — 

From the Registers of the Secretary's Office at Trois Rivieres — April the 6th 1762 — 

J. BRUYERE. Secry

Endorsed: — Colonel Burton

            Report

      of the State of the Government of Trois

      Rivieres in Canada

            April. 1762:

      in Sr J. Amherst's of June 15, 1762.

            No 20.


See note p. 47.

GENERAL GAGE'S REPORT OF THE STATE OF THE GOVERNMENT OF MONTREAL

Montreal, March 20th, 1762.

Sir, I have already Acknowledged the Receipt of a Copy of the Earl of Egremont's Letter to you of the 12th Decr, and I take this opportunity to return you my Answers thereto, Assuring you, that I have lost no Time in collecting the best Information of Every thing Contained in that Letter that I could possibly procure.

I feel the highest Satisfaction, that I am able to inform you, That during my Command in this Government, I have made it my Constant Care and Attention, that the Canadians should be treated agreeable to His Majesty's kind & humane Intentions. No Invasion on their Propertys, or Insult on their Persons have gone unpunished, All Reproaches on their Subjection by the Fate of Arms, Revilings on their Customs or Country, and all Reflexions on their Religion have been discountenanced and forbid.

No Distinction has been made betwixt the Briton & Canadian but equaly regarded as Subjects of the same Prince. The Soldiers live peaceably with the Inhabitants, & they reciprocaly acquire an affection for each other. I have notwithstanding, made known His Majesty's Pleasure on these Particulars to the Several Commanders of Corps, that every Individual may be acquainted therewith, which will, no Doubt, Add the greatest Weight to the Orders & Directions which have been already given. And you may be Assured that Troops who have ever shewn the most Ardent desires, to Advance the Interest of their Sovereign, and paid the most exact Obedience to his Commands, will vye with each other in Brotherly Love and Affection to the Canadians, over whom, His Majesty has extended his Royal Favor, & Protection. The Indians have been treated, on the Same principles of Humanity, They have had immediate Justice for all their Wrongs, and no Tricks or Artifices have hitherto been attempted, to defraud Them in their Trade.

I send herewith a Return, (No 1) of the present State of the Troops & Artillery in this Government, As to the Fortifications, except Fort Wm Augustus, which may at present be in a good state of Defence, the rest having only been calculated to repel sudden Invasions of Indians, are of Course, of small consideration. The City of Montreal is surrounded by a high Wall ramparted and flanked; the Parapet about Three feet thick a natural Defence from the River St Lawrence on one side, on the other, a Ditch mostly faced. Upon a Height within the City, is a small square work of wood, compleated since the Capitulation, provided with a few pieces of Artillery, & capable of containing Seventy or Eighty Men. The Fort of Chamblé, is an Antient Stone Castle, flanked with Tours, in which are Port-Holes, for small pieces of Ordnance, no Ditch or Outwork.

You will also receive herewith, a General Return, (No 2), of the State of this Government, for the year 1761, Comprehending the Number of its Inhabitants, Cattle &ca. The State of Population, Quantity of Acres Cultivated and Quantity of Grain sown, for the particulars of all which, I referr you to the Return.

The Soil produces all sorts of Summer grain, in some parts of its Government, the Wheat is sown in Autumn. Every kind of pulse & other vegetables; to which I may add, some Fruits, vizt Apples Pears Plumbs Melons, &ca. Cyder is made here, but as yet in Small quantitys, In general, every Fruit tree, hardy enough to withstand the severity of the Winter, will produce in the summer, which affords sufficient Heat, to bring most kinds of Fruit to Maturity.

The Profits, which the French King drew from the Government of Montreal, unconnected with the other two Governments, of Trois Rivieres & Quebec, proceeded from the sale of certain Trading Posts in the Indian Country, From the Money paid for permits, to trade at others, which were called Free Posts, from the King's own Trade, at those called the King's Posts. And from the Droit de Quint, & Droit d'Échange. In Return (No 3) you will find these several posts particularly ascertained, with the annual Profits which might have accrued from the two first. It is impossible to ascertain, what were the Profits & Losses upon the French King's own Trade; No Doubt, that Trade well managed, would have produced considerable gains; but from the Number of Commissaries & Factors employed, who have made very large Fortunes for themselves; and the immense profusion of Presents, made to the Indians; I must conclude, His Majesty gained very little from the Commerce.

The Lands have all been granted, on Feudal Tenures, from thence; The King's Droit de Quint, & Droit d'Échange. The first is a Fifth, of all Monies that shall be received, on the sale of Seigneuries or Lordships. The Latter, a Fifth of the value of all Lordships exchanged, & a Twelfth of the value of all Copyhold Estates, that shall be exchanged. The Right of Exchange however, did not belong to the French King, either in the City or Island of Montreal; It having been granted to the priests of the Seminary of St Sulpice, who are Temporal Lords of that Island. And enjoy the privilege of the Exchange, as well the City as the rest of the Island. The French King generally remitted a Third of his Dues on these sales & Exchanges, whose Revenues from hence, might amount, Communibus Annis, to about Three Thousand Livres. I have Supported His Majesty's Right to these fines of Alienation remitting the Third, according to old Custom. This Year by an Accident, They have amounted to Nine Thousand Livres.

Immediately after we became Masters of this Country, all Monoplys were abolished, and all Incumbrances upon Trade were removed. The Traders chose their posts, without the obligation of purchasing them, and I can by no means think, The French Management, in giving exclusive grants of trade, at particular posts, for the sake of the sale thereof; or the sale of permits to trade at the free posts, worthy our Imitations. The Indians of course paid dearer for their goods, & the Trade in General, must have been injured by Monoplys. The Traders were alone at the posts they had purchased, where no person in Authority had the Inspection of their Conduct; & committed many abuses, for which the Indians could get no Redress; And it has happened, that the Indians had murdered the Traders & plundered their Effects; by which the French have been drawn into wars at a very great Distance, and at a great Expense. The French also found a very great Inconvenience in this kind of Traffick, from the Loss of men to the Colony.

Nothing was more Common, than for the Servants, whom the Merchants hired to work their Boats, & assist in their Trade, thro' a long Habit of Indian Manners & Customs, at length to adopt their way of Life, to intermarry with them, & turn Savages. Several Edicts have been published to prevent this but notwithstanding, there are now some Hundreds amongst the distant Indians, who I do not suppose will ever return to their Country. Tho' the Trading Posts were by this means multiplied, and from thence appears to have increased the Trade, in reality, unless in a few Instances, these Monopolizers brought no Addition of Commerce into Canada, as they for the most part traded with Indians, who would otherwise have carried their Furrs to the great Marts of Michillimakinac and Detroit, so that in Effect, they were only Forestallers of the Market. Besides the Inconveniences which I have mentioned, to have attended the sale of Posts & Permits, I conceive this matter to be so liable to abuse, thro' Receivers, Jobbs, & Perquisites, that it would bring but little into His Majesty's Coffers. And that the surest & easiest way to encrease His Majesty's Revenue from the Pelletry will be the laying such Dutys only on its Importation, as shall be thought Advisable.

To remedy the Inconveniencies & abuses, which both the English & French have suffered, thro' the management of the Indian Trade; I know no better method, than to assign a certain Number of Posts in the distant Country, to which only, the Traders should be allowed to traffick, and to abolish all the little posts.

And I am of opinion the Five Posts hereafter mentioned, will enable His Majesty's subjects to trade with almost every Nation of Indians, that has yet been discovered, and that have been accustomed to Trade with the French, vizt Kanamistigoua on Lake Huron, Michillimakinac Baye des Puants in Lake Michigan. The Detroit, and Houilliatanon on the Ouabache.

A small Detachment of Troops with proper Officers should be in each of these Posts, And the officers Authorized, either solely by themselves, or assisted by such other persons as may be found in the posts, to exercise a Judicial power — The Vast distance some of the above Posts are from the Inhabited Country, would alone make this circumstance highly necessary, and the advantages that would arise from it, are very apparent The Insolence of the Indians will be checked, by the Presence of the Troops. The Tricks & Artifices of the Traders to defraud the Indians will meet with Instant Punishment which cannot fail to make the Indians conceive, the highest Opinion of Our Integrity & His Majesty's good Inclination towards them, and by these means, all Disputes and Quarrells with the Savages will be prevented. I can devise no better plan for Carrying on the Trade in the distant Countrys, than the above; or by which, any Regulation concerning the Trade that shall be made, can ever be observed, and Supported.

Paper (No 4) contains the particular Dutys upon the Merchandize imported into Canada, and upon the exports of the Pelletry, Also a Computation of all the Revenues the French King enjoyed, Communibus Annis, from the whole Province of Canada comprehending at an average, Exports & Imports, Sale of Posts, & all Emoluments whatever, which were received in Canada on the King's Account, I referr you likewise to the same paper for the annual expence of Canada to the French, in Time of Peace. You will observe amongst the Exports that the Beaver, which was the exclusive Trade of the India Company, paid no Duty. Nor am I able to send you any good accots, whether the French King drew any Profits from the Beaver, or other Pelletry, on its arrival in the Ports of France; or what advantages The Crown of France reaped from the Exclusive Trade of Beaver, granted to the India Company. There are no persons here who can give me any clear Information in those particulars.

The only immediate Importance & advantage the French King derived from Canada was the preventing the Extension of the British Colonys, The Consumption of the Commodities & Manufactures of France, and the Trade of Pelletry. She had no Doubt, views to future Advantages, That this Country might in Time supply her, with Hemp, Cordage, Iron, Masts, & generaly all kinds of Naval Stores.

The people in general seem well enough disposed towards their new Masters. The only Causes of Dislike which I can discover, proceed from the fear of losing their paper Money, and the Difference of Religion, I understand Canada to be on the same Footing in Respect of this money, as all the French Colonys; and if France pays any of them, I don't see how she can avoid paying the Bills of Exchange drawn from Canada, in the same proportion as she pays the rest. It is the Canadians only who would be sufferers by an exception, as Canadian Bills, to a very large amount are in the possession of French Merchants, and the rest may be sent to France, & no body be able to distinguish which is French, or which Canadian Property. The people having enjoyed a free & undisturbed Exercise of their Religion, ever since the Capitulation of the Country; Their fears in that particular are much abated, but there still remains a Jealousy. It is to be hoped, that in time this Jealousy will wear off: and certainly in this, much will depend upon the Clergy, Perhaps Methods may be found hereafter, to Supply the Cures of this Country with Priests well affected. But whilst Canada is stocked as she now is, with Corps of Priests detached from Seminarys in France, on whom they depend, and to whom they pay obedience It is natural to conceive, That neither the Priests, or those they can influence, will ever bear that Love and Affection to a British Government, which His Majesty's Auspicious Reign would otherwise engage from the Canadians, as well as from his other Subjects.

No Persons have left this Government to go to France, except Those, who held Military and Civil Employments under the French King. Nor do I apprehend any Emigration at the Peace being perswaded that the present Inhabitants will remain under the British Dominion. I perceive none preparing to leave the Government, or that seem inclined to do it; unless it is a few Ladys whose Husbands are already in France, and they propose to leave the Country when Peace is made, if their Husbands should not rather choose to return to Canada.

As I cannot discover that the Limits betwixt Louisiana & Canada were distinctly described, so as to be Publickly known, I can only inform you, what were generally believed here, to have been the Boundaries of Canada & give you my own Opinion, which is drawn from the Trade that has been Constantly carried on, by the Canadians, under the Authority, and permission of their several Governors. From hence I judge, not only the Lakes, which are Indisputable, but the whole Course of the Mississippi from its Heads to it's Junction with the Illinois, to have been comprehended by the French, in the Government of Canada.

The People of Louisiana carry their Trade up the Missouri River, and I can't find that the Traders from that Province, ever went higher up the Mississipi, than the mouth of the Illinois River, on the Contrary, the Traders from Canada, did constantly trade above the Illinois, from their Posts on Lake Michigan, even up to the River St Croix, and the Falls of St Anthony, And it was the Trade alone of the Mississipi Indians, which made the Post of the Baye des Puants, so very advantageous. The Illinois River, tho' formerly in the District of Canada, was after some Disputes betwixt the Governors, annexed to Louisiana. A South Easterly Line, drawn from the portage, betwixt the Illinois River and the waters which run into Lake Michigan will bring you to the post of Houilliatanon upon the Ouabaches fourscore Leagues down that River; Computing from that part, where the Boats are Launched, after crossing the Portage of the Miamis. This was the last Trading Post belonging to Canada on that side, & was certainly the Boundary of Canada on that side. About sixty Leagues below this Post, is the Post of Vincennes, which was served by the Traders of Louisiana, and of Course, was the Boundary of that Province. This is the best information I can procure you concerning the Limits, and what I have described to you, are thought to be the real Boundaries betwixt the two Provinces.

As I have answered the several Particulars of Lord Egremont's Letter, after having made the best Enquiry I shall think myself happy if the Accot I send you, shall in any Shape contribute to Your transmitting to His Majesty the exact State of his Province of Canada. I am with great Regard & Esteem.

Sir, your most obedient most humble servant,

THOS. GAGE.

His Excellency

    Sr Jeffery Amherst.

Endorsed: Major General Gage,

        20th March, 1762,

    in Sr. J. Amherst's of May 12th, 1762.

            No 38.

TREATY OF PARIS 1763.[13]

F. O. State Papers.

    Treaties

February 10th 1763. — 

Definitive Treaty of Peace and Alliance between Great Britain France and Spain, concluded at Paris, with the Seperate Articles thereunto belonging.

Au Nom de la Très Sainte & Indivisible Trinité, Pere, Fils, & Saint Esprit. Ainsi soit il.

Soit notoire à Tous Ceux, qu'il appartiendra ou peut appartenir, en Maniere quelconque.

Il a plû au Tout Puissant de repandre l'Esprit d'Union & de Concorde sur les Princes, dont les Divisions avoient porté le Trouble dans les quatre Parties du Monde, & de leur inspirer le Dessein de faire succeder les Douceurs de la Paix aux Malheurs d'une longue et sanglante Guerre, qui, après s'être elevée entre L'Angleterre & La France, pendant le Regne du Serenissime & Tres Puissant Prince Georges 2. par la Grace de Dieu Roy de la Grande Bretagne, de glorieuse Memoire, a été continueé sous le Regne du Serenissime & Très Puissant Prince Georges 3. Son Successeur, & s'est eommuniquée dans ses Progres à l'Espagne & au Portugal; En Consequence, Le Serenissime & Très-Puissant Prince Georges 3., par la Grace de Dieu Roy de la Grande Bretagne, de France, et d'Irlande, Duc de Brunswick & de Lunebourg, Archi-Tresorier & Electeur du Saint Empire Romain; Le Serenissime & Très Puissant Prince, Louis 15. par la Grace de Dieu Roy Très Chretien — Et Le Serenissime & Très Puissant Prince Charles 3. par la Grace de Dieu Roy d'Espagne, & des Indes, après avoir posé les Fondemens de la Paix dans les Preliminaires signés le 3: Novbre dernier à Fontainebleau; Et le Serme & Très puissant Prince Dom Joseph 1er par la Grace de Dieu Roy de Portugal & des Algarves, après y avoir accedé; Ont resolû de consommer sans Delai ce grand & important Ouvrage; A cet Effet les hautes Parties Contractantes ont nommé & constitué Leurs Ambassadeurs Extraordinaires & Ministres Plenipotentiaires respectifs; Savoir, Sa Sacrée Majesté Le Roy de la Grande Bretagne, Le Très illustre & très excellent Seigneur, Jean, Duc & Comte de Bedford, Marquis de Tavistock &c., Son Ministre d'Etat, Lieutenant General de Ses Armées, Garde de son Sceau Privé, Chevalier du Très Noble Ordre de la Jarretiere, & Son Ambassadeur Extraordinaire & Ministre Plenipotentiaire près de Sa Majesté Très Chretienne; Sa Sacrée Majesté Le Roy Très Chretien, le très illustre & très excellent Seigneur, Cesar Gabriel de Choiseul, Duc de Praslin, Pair de France, Chevalier de ses Ordres, Lieutenant General de ses Armées, & de la Province de Bretagne, Conseiller en tous ses Conseils, et Ministre & Secretaire d'Etat, & de ses Commandemens & Finances; Sa Sacrée Majesté Le Roy Catholique le très illustre & tres excellent Seigneur Dom Gerom Grimaldi, Marquis de Grimaldi, Chevalier des Ordres du Roy Très Chretien, Gentilhomme de la Chambre de Sa Majesté Catholique avec Exercice, & Son Ambassadeur Extraordinaire près de Sa Majesté Très Chretienne; Sa Sacrée Majesté Le Roy Très Fidele, le très illustre & très excellent Seigneur, Martin de Mello & Castro, Chevalier profès de l'Ordre de Christ, du Conseil de Sa Majesté Très Fidele, & Son Ambassadeur & Ministre Plenipotentiaire auprès de S. M Très Chretne; Lesquels, après s'être duëment communiqué leurs Plein pouvoirs en bonne Forme (& dont les Copies sont transcrites à la Fin du present Traité de Paix) sont convenus des Articles, dont**** la Teneur s'ensuit.

Article 1

Il y aura une Paix Chretienne, universelle, & perpetuelle tant par Mer que par Terre, & une Amitié sincere & constante sera retablie entre Leurs Majestés Britannique, Très Chretienne, Catholique, & Très Fidele, & entre leurs Heritiers, & Successeurs, Royaumes, Etats, Provinces, Pays, Sujets, & Vassaux, de quelque Qualité et Condition qu'Ils soient, sans Exception de Lieux, ni de Personnes, en sorte que les Hautes Parties Contractantes apporteront la plus grande Attention à maintenir entr'Elles & leurs dits Etats & Sujets cette Amitié & Correspondance reciproque, sans permettre dorenavant, que de Part ni d'autre on commette aucunes Sortes d'Hostilités par Mer ou par Terre, pour quelque Cause ou sous quelque Pretexte que ce puisse être; Et on evitera soigneusement tout ce qui pourroit alterer à l'avenir l'Union heureusement retablie, s'attachant au contaire à se procurer reciproquement en toute Occasion tout ce qui pourroit contribuer à leur Gloire, Interêts, & Avantages mutuels, sans donner aucun Secours ou Protection directement ou indirectement à ceux, qui voudroient porter quelque Prejudice à l'une ou à l'autre des dites hautes Parties contractantes. Il y aura un Oubli general de tout ce qui a pû être fait ou commis avant ou depuis le Commencement de la Guerre, qui vient de finir.

Article 2

Les Traités de Westphalie de mil six cent quarante huit, ceux de Madrid entre les Couronnes de la Grande Bretagne & d'Espagne de mil six cent soixante sept, & de mil six cent soixante dix, les Traités de Paix de Nimegue, de mil six cent soixante dix huit, & de mil six cent soixante dix neuf, de Ryswick de mil six cent quatre vingt dix sept, ceux de Paix & de Commerce d'Utrecht de mil sept cent treize, celui de Bade de mil sept cent quatorze, le Traité de la triple Alliance de La Haye de mil sept cent dix sept, celui de la quadruple Alliance de Londres de mil sept cent dix huit, le Traité de Paix de Vienne de mil sept cent trente huit, le Traité Definitif d'Aix la Chapelle de mil sept cent quarante huit, & celui de Madrid entre les Couronnes de la Grande Bretagne, & d'Espagne de mil sept cent cinquante, aussi bien que les Traités entre les Couronnes d'Espagne & de Portugal du 13. Fevrier mil six cent soixante huit, du 6. Fevrier mil sept cent quinze, & du 12. Fevrier mil sept cent soixante un, & celui du 11. Avril mil sept cent treize entre la France & le Portugal, avec les Guaranties de la Grande Bretagne; servent de Base & de Fondement à la Paix, & au present Traité; & pour cet Effet ils sont tous renouvellés & confirmés dans la meilleure Forme, ainsi que tous les Traités en general, qui subsistoient entre les hautes Parties contractantes avant la Guerre, & comme s'ils étoient inserés ici Môt à Môt, en sorte qu'ils devront être observés exactement à l'avenir dans toute leur Teneur, & religieusement executés de Part & d'autre dans tous leurs Points, auxquels il n'est pas derogé par le present Traité, nonobstant tout ce qui pourroit avoir été stipulé au contraire par aucune des Hautes Parties contractantes; Et toutes les dites Parties declarent, qu'Elles ne permettront pas qu'il subsiste aucun Privilege, Grace, ou Indulgence contraires aux Traités ci-dessus confirmés, à l'Exception de ce qui aura été accordé et stipulé par le present Traité.

Article 3

Tous les Prisonniers faits de Part & d'autre tant par Terre que par Mer, et les Otages enlêvés ou donnés, pendant la Guerre, et jusqu'à ce Jour, seront restitués sans Rançon dans six Semaines au plus tard, à compter du Jour de l'Echange de la Ratification du present Traité, chaque Couronne soldant respectivement les Avances, qui auront été faites pour la Subsistance & l'Entretien de ces Prisonniers par le Souverain du Pays, où Ils auront été detenûs, conformément aux Reçûs & Etats constatés & autres Titres autentiques, qui seront fournis de Part & d'autre. Et il sera donné reciproquement des Suretés pour le Payement des Dettes, que les Prisonniers auroient pû contractor dans les Etats, où Ils auroient été detenûs, jusqu'à leur entiere Liberté. — Et tous les Vaisseaux, tant de Guerre que marchands, qui auroient été pris depuis l'Expiration des Termes convenûs pour la Cessation des Hostilités par Mer, seront pareillement rendûs de bonne Foy, avec tous leurs Equipages, & Cargaisons; Et on procedera à l'Execution de cet Article immediatement après l'Echange des Ratifications de ce Traité.

Article 4

Sa Majesté Très Chretienne renonce à toutes les Pretensions, qu'Elle a formées autrefois, ou pû former, à la Nouvelle Ecosse, ou l'Acadie, en toutes ses Parties, & la garantit toute entiere, & avec toutes ses Dependances, au Roy de la Grande Bretagne. De plus, Sa Majesté Très Chretienne cede & garantit à Sa dite Majesté Britannique, en toute Proprieté, le Canada avec toutes ses Dependances, ainsi que l'Isle du Cap Breton, & toutes les autres Isles, & Côtes, dans le Golphe & Fleuve St Laurent, & generalement tout ce qui depend des dits Pays, Terres, Isles, & Côtes, avec la Souveraineté, Proprieté, Possession, & tous Droits acquis par Traité, ou autrement, que le Roy Très Chretien et la Couronne de France ont eus jusqu'à present sur les dits Pays, Isles, Terres, Lieux, Côtes, & leurs Habitans, ainsi que le Roy Très Chretien cede & transporte le tout au dit Roy & à la Couronne de la Grande Bretagne, & cela de la Maniere & ds la Forme la plus ample, sans Restriction, & sans qu'il soit libre de revenir sous aucun Pretexte contre cette Cession & Garantie, ni de troubler la Grande Bretagne dans les Possessions sus-mentionnées. De son Coté Sa Majesté Britannique convient d'accorder aux Habitans du Canada la Liberté de la Religion Catholique; En Consequence Elle donnera les Ordres les plus precis & les plus effectifs, pour que ses nouveaux Sujets Catholiques Romains puissent professer le Culte de leur Religion selon le Rit de l'Eglise Romaine, en tant que le permettent les Loix de la Grande Bretagne. — Sa Majesté Britannique convient en outre, que les Habitans François ou autres, qui auroient eté Sujets du Roy Très Chretien en Canada, pourront se retirer en toute Sûreté & Liberté, où bon leur semblera, et pourront vendre leurs Biens, pourvû que ce soit à des Sujets de Sa Majesté Britannique, & transporter leurs Effets, ainsi que leurs Personnes, sans être genés dans leur Emigration, sous quelque Pretexte que ce puisse être, hors celui de Dettes ou de Procés criminels; Le Terme limité pour cette Emigration sera fixé à l'Espace de dix huit Mois, à compter du Jour de l'Echange des Ratifications du present Traité.

Article 5

Les Sujets de la France auront la Liberté de la Pêche, & de la Secherie, sur une Partie des Côtes de l'Isle de Terre-Neuve, telle qu'elle est specifiée par l'Article 13. du Traité d'Utrecht, lequel Article est renouvellé & confirmé par le present Traité, (à l'Exception de ce qui regarde l'Isle du Cap Breton, ainsi que les autres Isles & Côtes dans L'Embouchure et dans le Golphe St Laurent;) Et Sa Majesté Britannique consent de laisser aux Sujets du Roy Très Chretien la Liberté de pêcher dans le Golphe St Laurent, à Condition que les Sujets de la France n'exercent la dite Pêche, qu'à la Distance de trois Lieües de toutes les Côtes appartenantes à la Grande Bretagne, soit celles du Continent, soit celles des Isles situées dans le dit Golphe St Laurent. Et pour ce qui concerne la Pêche sur les Côtes de l'Isle du Cap Breton hors du dit Golphe, il ne sera pas permis aux Sujets du Roy Très Chretien d'exercer la dite Pêche, qu'à la Distance de quinze Lieües des Côtes de l'Isle du Cap Breton; Et la Pêche sur les Côtes de la Nouvelle Ecosse, ou Acadie, et par tout ailleurs, hors du dit Golphe, restera sur le Pied des Trailés anterieurs.

Article 6

Le Roy de la Grande Bretagne cede les Isles de St Pierre & de Miquelon, en toute Proprieté, à Sa Majesté Très Chretienne, pour servir d'Abri aux Pêcheurs François; Et Sa dite Majesté Très Chretienne s'oblige à ne point fortifier les dites Isles, à n'y établir que des Batimens civils pour la Commodité de la Pêche, & à n'y entretenir qu'une Garde de cinquante Hommes pour la Police.

Article 7

Afin de retablir la Paix sur des Fondemens solides & durables, & écarter pour jamais tout Sujet de Dispute par Rapport aux Limites des Territoires Britanniques et François sur le Continent de l'Amerique, il est convenû, qu'a l'avenir les Confins entre les Etats de Sa Majesté Britannique & ceux de Sa Majesté Très Chretienne en cette Partie du Monde, seront irrevocablement fixés par une Ligne tirée au milieu du Fleuve Mississippi depuis sa Naissance jusqu'à la riviere d'Iberville, & de là par une Ligne tirée au milieu de cette Riviere & des Lacs Maurepas & Pontchartrain jusqu'à la Mer; Et à cette Fin le Roy Très Chretien cede, en toute Proprieté, & garantit à Sa Majesté Britannique la Riviere & le Port de la Mobile, & tout de qu'Il possede, ou a dû posseder, du Coté gauche du fleuve Mississipi, à l'exception de la Ville de la Nouvelle Orleans, & de l'Isle dans laquelle Elle est située, qui demeureront à la France; Bien entendû, que la Navigation du Fleuve Mississippi sera également libre tant aux Sujets de la Grande Bretagne comme à ceux de la France, dans toute sa Largeur, & toute son Etendüe, depuis sa Source jusqu'à la Mer, et nommement cette Partie, qui est entre la susdite Isle de la Nouvelle Orleans & la Rive droite de ce Fleuve, aussi bien que l'Entrée & la Sortie par son Embouchure. Il est de plus stipulé, que les Batimens appartenants aux Sujets de l'une ou de l'autre Nation ne pourront être arrêtés, visités, ni assujettis au Payement d'aucun Droit quelconque. — Les Stipulations inserées dans l'Article 4. en Faveur des Habitans du Canada auront Lieu de même pour les Habitans des Pays cedés par cet Article.

Article 8

Le Roy de la Grande Bretagne restituera à la France les Isles de la Guadeloupe, de Mariegalante, de la Desirade, de la Martinique, & de Belle-Isle; Et les Places de ces Isles seront rendües dans le même Etat, où Elles étoient, quand la Conquête en a été faite par les Armes Britanniques; Bien entendû, que les Sujets de Sa Majesté Britannique, qui se seroient établis, ou ceux qui auroient quelques Affaires de Commerce à regler dans les dites Isles & autres Endroits restitués à la France par le present Traité, auront la Liberté de vendre leurs Terres, & leurs Biens, de regler leurs Affaires, de recouvrer leurs Dettes, & de transporter leurs Effets, ainsi que leurs Personnes, à bord des Vaisseaux qu'il leur sera permis de faire venir aux dites Isles, & autres Endroits, restitués comme dessus, & qui ne serviront qu'à cet Usage seulement, sans être genés à Cause de leur Religion, ou sous quelqu'autre Pretexte que ce puisse être hors celui de Dettes ou de Procés criminels. — Et pour cet Effet le Terme de dix-huit Mois est accordé aux Sujets de Sa Majesté Britannique à compter du Jour de l'Echange des Ratifications du present Traité. — Mais comme la Liberté, accordée aux Sujets de Sa Majesté Britannique, de transporter leurs Personnes & leurs Effets sur des Vaisseaux de leur Nation pourroit être sujette à des Abus, si l'on ne prenoit la Precaution de les prevenir, il a été convenû expressement, entre Sa Majesté Britannique & Sa Majesté Très Chretienne, que le Nombre des Vaisseaux Anglois, qui auront la Liberté d'aller aux dites Isles & Lieux restitués à la France sera limité, ainsi que le Nombre de Tonneaux de chacun, qu'ils iront en lest, partiront dans un Terme fixé, & ne feront qu'un seul Voyage; Tous les Effets, appartenants aux Anglois, devant être embarqués en même Tems. Il a ete convenû en outre, que Sa Majesté Très Chretienne fera donner les Passeports necessaires pour les dits Vaisseaux; que, pour — plus grande Sureté, il sera libre de mettre deux Commis ou Gardes François sur chacun des dits Vaisseaux, qui seront visités dans les Atterages & Ports des dites Isles, & Lieux, restitués à la France; Et que les Marchandises, qui s'y pourront trouver, seront confisquées.

Article 9

Le Roy Très Chretien cede & garantit à Sa Majesté Britannique, en toute Proprieté, les Isles de la Grenade & des Grenadines, avec les mêmes Stipulations en Faveur des Habitans de cette Colonie, inserées dans l'Article 4. pour ceux du Canada; Et le Partage des Isles, appellées neutres, est convenû et fixé de maniere que celles de St Vincent la Dominique, & Tabago, resteront, en toute Proprieté, à la Grande Bretagne, & que celle de Ste Lucie sera remise à la France pour en jouir, pareillement en toute Propriété. — Et les hautes Parties contractantes garantissent le Partage ainsi stipulé

Article 10

Sa Majesté Britannique restituera à la France l'Isle de Gorée, dans l'Etat, où Elle s'est trouvée, quand Elle a ete conquise; Et Sa Majeste Très Chretienne cede, en toute Proprieté, et garantit au Roy de la Grande Bretagne la Riviere de Senegal, avec les Forts & Comptoirs de St Louis, de Podor, & de Galam, & avec tous les Droits & Dependances de la dite Riviere de Senegal.

Article 11

Dans les Indes Orientales La Grande Bretagne restituera à la France, dans l'Etat où ils sont aujourd'hui, les differens Comptoirs, que cette Couronne possedoit tant sur la Côte de Choromandel & d'Orixa, que sur celle de Malabar, ainsi que dans le Bengale, au Commencement de l'Année mil sept cent quarante neuf; Et Sa Majesté Très Chretienne renonce à toute Pretension aux Acquisitions, qu'Elle avoit faites sur la Côte de Choromandel, & d'Orixa, depuis le dit Commencement de l'Année mil sept cent quarante neuf. — Sa Majte Très Chretienne restituera, de son Coté, tout ce qu'Elle pourroit avoir conquis sur la Grande Bretagne dans les Indes Orientales pendant la presente Guerre, & fera restituer nommement Natal & Tapanouly dans l'Isle de Sumatra. Elle s'engage de plus à ne point eriger de Fortifications, & à ne point entretenir de Troupes dans aucune Partie des Etats du Subah de Bengale. — Et afin de conserver la Paix future sur la Côte de Choromandel & d'Orixa, les Anglois & les François reconnoitront Mahomet Ali Khan pour legitime Nabob du Carnate, & Salabat Jing pour legitime Subah de Decan; Et les deux Parties renonceront à toute Demande ou Pretension de Satisfaction qu'Elles pourroient former à la Charge, l'une de l'autre, ou à celle de leurs Alliés Indiens pour les Depredations ou Degats commis soit d'un Coté, soit de l'autre pendant la Guerre.

Article 12

L'Isle de Minorque sera restituée à Sa Majesté Britannique, ainsi que le Fort St Philippe, dans le même Etat où ils se sont trouvés, lorsque la Conquête en a eté faite par les Armes du Roy Très Chretien, & avec l'Artillerie, qui y etoit lors de la Prise de la dite Isle & du dit Fort.

Article 13

La Ville & le Port de Dunkerque seront mis dans l'Etat fixé par le dernier Traité d'Aix la Chapelle, & par les Traités anterieurs; — La Cunette sera détruite immediatement après l'Echange des Ratifications du present Traité, ainsi que les Forts & Batteries, qui defendent l'Entrée du Coté de la Mer; Et il sera pourvû en même Tems à la Salubrité de l'Air & à la Santé des Habitans par quelqu'autre Moyen à la Satisfaction du Roy de la Grande Bretagne.

Article 14

La France restituera tous les Pays, appartenants à l'Electorat d'Hanovre, au Landgrave de Hesse, au Duc de Brunswick, & au Comte de la Lippe Buckebourg, qui se trouvent, ou se trouveront, occuptés par les Armes de Sa Majesté Très Chretienne; Les Places de ces differens Pays seront renduës dans le même Etat où Elles étoient, quand la Conquête en a eté faite par les Armes Françoises; Et les Pieces d'Artillerie, qui auront eté transportées ailleurs, seront remplacées par le même Nombre de même Calibre, Poids, & Metal.

Article 15

En Cas que les Stipulations, contenües dans l'Article 13, des Preliminaires ne fussent pas accomplies lors de la Signature du present Traité, tant par Rapport aux Evacuations à faire par les Armées de la France des Places de Cleves, de Wesel, de Gueldres, & de tous les Pays, appartenants au Roy de Prusse, que par Rapport aux Evacuations à faire par les Armées Britannique & Françoise des Pays, qu'Elles occupent en Westphalie, Basse-Saxe, sur le Bas-Rhin, le Haut Rhin, & dans tout l'Empire, & à la Retraite des Troupes dans les Etats de Leurs Souverains respectifs, Leurs Majestés Britannique & Très Chretienne promettent de proceder de bonne Foy, avec toute la Promptitude que le Cas pourra permettre, aux dites Evacuations, dont Ils stipulent l'Accomplissement parfait avant le quinze de Mars prochain, ou plutôt, si faire se peut. — Et Leurs Majestés Britannique & Très Chretienne s'engagent de plus, & se promettent, de ne fournir aucun Secours, dans aucun Genre, à Leurs Alliés respectifs, qui resteront engagés dans la Guerre d'Allemagne.

Article 16

La Décision des Prises, faites en Tems de Paix par les Sujets de la Grande Bretagne sur les Espagnols, sera remise aux Cours de Justice de l'Amirauté de la Grande Bretagne, conformement aux Regles établies parmi toutes les Nations, de sorte que la Validité des dites Prises entre les Nations Britannique & Espagnole sera decidée & jugée, selon le Droit des Gens, & selon les Traités, dans les Cours de Justice de la Nation, qui aura fait la Capture.

Article 17

Sa Majesté Britannique fera demolir toutes les Fortifications, que ses Sujets pourront avoir erigées dans la Baye de Honduras, & autres Lieux du Territoire de l'Espagne dans cette Partie du Monde, quatre Mois après la Ratification du present Traité; Et Sa Majesté Catholique ne permettra point, que les Sujets de Sa Majesté Britannique, ou leurs Ouvriers, soient inquietés ou molestés sous aucun Pretexte que ce soit, dans les dits Lieux, dans leur Occupation de couper, charger, & transporter, le Bois de Teinture ou de Campêche; Et pour cet Effet Ils pourront bâtir, sans Empêchement, & occuper sans Interruption, les Maisons & les Magazins, qui sont necessaires pour Eux, pour leurs Familles, & pour leurs Effets; Et Sa Majesté Catholique leur assure par cet Article l'entiere Jouïssance de ces Avantages, & Facultés sur les Côtes & Territoires Espagnols, comme il est stipulé ci-dessus, immediatement après la Ratification du present Traité.

Article 18

Sa Majesté Catholique se desiste, tant pour Elle que pour ses Successeurs, de toute Pretension, qu'Elle peut avoir formée en Faveur des Guipuscoans & autres de ses Sujets au Droit de pêcher aux Environs de l'Isle de Terre-Neuve.

Article 19

Le Roy de la Grande Bretagne restituera à l'Espagne tout le Territoire qu'Il a conquis dans l'Isle de Cuba, avec la Place de la Havane; Et cette Place, aussi bien que toutes les autres Places de la dite Isle, seront rendües dans le même Etat, où Elles etoient, quand Elles ont été conquises par les Armes de Sa Majesté Britannique: Bien entendû, que les Sujets de Sa Majesté Britannique, qui se seroient établis, ou ceux qui auroient quelques Affaires de Commerce à regler, dans la dite Isle, restituée à l'Espagne par le present Traité, auront la Liberté de vendre leurs Terres, & leurs Biens, de regler leurs Affaires, de recouvrer leurs Dettes, et de transporter leurs Effets ainsi que leurs Personnes à bord des Vaisseaux, qu'il leur sera permis de faire venir à la dite Isle, restituée comme dessus, & qui ne serviront qu'à cet Usage seulement, sans être genés à Cause de leur Religion, ou sous quelqu'autre Pretexte que ce puisse être, hors celui de Dettes ou de Procès criminels; Et pour cet Effet le Terme de dix huit Mois est accordé aux Sujets de Sa Majesté Britannique, à compter du Jour de l'Echange des Ratifications du present Traité. — Mais comme la Liberté, accordée aux Sujets de Sa Majesté Britannique de transporter leurs Personnes & leurs Effets sur des Vaisseaux de leur Nation, pourroit être sujette à des Abus, si l'on ne prenoit la Precaution de les prevenir, il a été convenû expressement entre Sa Majesté Britannique & Sa Majesté Catholique, que le Nombre des Vaisseaux Anglois, qui auront la Liberté d'aller à la dite Isle restituée à l'Espagne, sera limité, ainsi que le Nombre de Tonneaux de chacun, qu'ils iront en lest, partiront dans un Terme fixé, & ne feront qu'un seul Voyage; Tous les Effets, appartenants aux Anglois, devant être embarqués en même Tems. — Il a été convenû en outre, que Sa Majesté Catholique fera donner les Passeports necessaires pour les dits Vaisseaux; que, pour plus grande Sureté, il sera libre de mettre deux Commis ou Gardes Espagnols sur chacun des dits Vaisseaux, qui seront visités dans les Atterages et Ports de la dite Isle restituée à l'Espagne et que les Marchandises, qui s'y pourront trouver, seront confisquées.

Article 20

En Consequence de la Restitution stipulée dans l'article precedent, Sa Majesté Catholique cede et garantit, en tout Proprieté, à Sa Majesté Britannique, la Floride, avec le Fort de St Augustin, & la Baye de Pensacola, ainsi que tout ce que l'Espagne possede sur le Continent de l'Amerique septentrionale, à l'Est, ou au Sud Est, du fleuve Mississippi, & generalement tout ce qui depend des dits Pays & Terres, avec la Souveraineté, Proprieté, Possession, & tous Droits acquis par Traité ou autrement, que Le Roy Catholique & la Couronne d'Espagne, ont eus jusqu'à present sur les dits Pays, Terres, Lieux, & leurs Habitans; Ainsi que Le Roy Catholique cede & transporte le tout au dit Roy & à la Couronne de la Grande Bretagne, & cela de la Maniere & de la Forme la plus ample; Sa Majesté Britannique convient de son Coté d'acccorder aux Habitans des Pays ci-dessus cedés la Liberté de la Religion Catholique; En Consequence Elle donnera les Ordres les plus exprès & les plus effectifs, pour que ses nouveaux Sujets Catholiques Romains puissent professer le Culte de leur Religion selon le Rit de l'Eglise Romaine, en tant que le permettent les Loix de la Grande Bretagne: Sa Majesté Britannique convient en outre, que les Habitans Espagnols, ou autres qui auroient eté Sujets du Roy Catholique, dans les dits Pays, pourront se retirer en toute Sureté et Liberté, où bon leur semblera et pourront vendre leurs Biens, pourvû que ce soit à des Sujets de Sa Majesté Britannique, & transporter leurs Effets, ainsi que leurs Personnes, sans être genés dans leur Emigration, sous quelque Pretexte que ce puisse être, hors celui de Dettes ou de Procès criminels; Le Terme, limité pour cette Emigration, étant fixé à l'Espace de dix-huit Mois, à compter du Jour de l'Echange des Ratifications du present Traité. — Il est de plus stipulé, que Sa Majesté Catholique aura la Faculté de faire transporter tous les Effets, qui peuvent Lui appartenir, soit Artillerie, ou autres.

Article 21

Les Troupes Francoises & Espagnoles evacueront tous les Territoires, Campagnes, Villes, Places, & Chateaux, de Sa Majesté Très Fidele, en Europe, sans Reserve aucune, qui pourront avoir eté conquis par les Armées de France & d'Espagne, & les rendront dans le même Etat où Ils étoient, quand la Conquête en a eté faite, avec la même Artillerie, & les Munitions de Guerre, qu'on y a trouvées; Et à l'Egard des Colonies Portugaises, en Amerique, Afrique, ou dans les Indes Orientales, s'il y étoit arrivé quelque Changement, toutes Choses seront remises sur le même Pied, où Elles étoient, et en Conformité des Traités precedens, qui subsistoient entre les Cours de France, d'Espagne, & de Portugal, avant la presente Guerre.

Article 22

Tous les Papiers, Lettres, Documens & Archives, qui se sont trouvés dans les Pays, Terres, Villes, & Places, qui sont restitués, & ceux appartenants aux Pays cedés, seront deliverés, ou fournis, respectivement, & de bonne Foi, dans le même Tems, s'il est possible, de la Prise de Possession, ou au plus tard, quatre Mois après l'Echange des Ratifications du present Traité, en quelque Lieu que les dits Papiers ou Documens puissent se trouver.

Article 23

Tous les Pays, & Territoires, qui pourroient avoir eté conquis, dans quelque Partie du Monde que ce soit, par les Armes de Leurs Majestés Britannique & Très Fidele, ainsi que par celles de Leurs Majestés Très Chretienne & Catholique, qui ne sont pas compris dans le present Traité, ni à Titre de Cessions, ni a Titre de Restitutions, seront rendûs sans Difficulté, & sans exiger de Compensation.

Article 24

Comme il est necessaire de designer une Epôque fixe pour les Restitutions & les Evacuations à faire, par chacune des Hautes Parties Contractantes, il est convenû que les Troupes Britanniques & Françoises completteront, avant le quinze de Mars prochain, tout ce qui restera à executer des Articles 12 & 13 des Preliminaires, signés le 3 Jour de Novembre passé, par Rapport à l'Evacuation à faire dans l'Empire, ou ailleurs. — L'Isle de Belle-isle sera évacuée six semaines après l'Echange des Ratifications du present Traité, ou plutôt si faire se peut. — La Guadeloupe, la Desirade, Mariegalante, la Martinique, & Ste Lucie, trois Mois après l'Echange des Ratifications du present Traité, ou plutôt, si faire se peut. — La Grande Bretagne entrera pareillement au Bout de trois Mois après l'Echange de Ratifications du present Traité, ou plutôt si faire se peut, en Possession de la Riviere & du Port de la Mobile, & de tout ce qui doit former les Limites du Territoire de La Grande Bretagne du Coté du Fleuve de Mississippi, telles qu'elles sont specifiées dans l'Article 7. — L'Isle de Gorée sera évacuée par La Grande Bretagne trois Mois après l'Echange des Ratifications du present Traité; — Et L'Isle de Minorque par La France à la même Epôque, ou plutôt si faire se peut; — Et, selon les Conditions de l'Article 6, La France entrera de même en Possession des Isles de St Pierre & de Miquelon, au Bout de trois Mois après l'Echange des Ratifications du present Traité. — Les Comptoirs aux Indes Orientales seront rendûs six Mois après l'Echange des Ratifications du present Traité, ou plutôt si faire se peut. — La Place de la Havane avec tout ce qui a eté conquis dans l'Isle de Cuba, sera restituée trois Mois après l'Echange des Ratifications du present Traité, ou plutôt si faire se peut; Et en même Tems La Grande Bretagne entrera en Possession du Pays cedé par l'Espagne selon l'Article 20. — Toutes les Places & Pays de Sa Majesté Très Fidèle en Europe seront restitués immediatement après l'Echange des Ratifications du present Traité; Et les Colonies, Portugaises, qui pourront avoir eté conquises, seront restituées dans l'Espace de trois Mois dans les Indes Occidentales, & de six Mois dans les Indes Orientales, après l'Echange des Ratifications du present Traité, ou plutôt si faire se peut. — Toutes les Places, dont la Restitution est stipulée ci-dessus, seront rendues avec l'Artillerie, & les Munitions, qui s'y sont trouvées lors de la Conquête. — En Consequence de quoi les Ordres necessaires seront envoyés par chacune des Hautes Parties Contractantes avec les Passeports reciproques pour les Vaisseaux, qui les porteront, immediatement après l'Echange des Ratifications du present Traité.

Article 25

Sa Majesté Britannique, en sa Qualité d'Electeur de Brunswick Lunebourg, tant pour Lui que pour ses Heritiers & Successeurs, & tous les Etats & Possessions de Sa de Majesté en Allemagne sont compris & garantis par le present Traité de Paix.

Article 26

Leurs Sacrées Majestés, Britannique, Très Chretienne, Catholique, & Très Fidele, promettent d'observer sincerement & de bonne Foy tous les Articles, contenûs & établis dans le present Traité; Et Elles ne souffriront pas, qu'il y soit fait de Contravention directe ou indirecte par leurs Sujets respectifs; Et les susdites Hautes Parties Contractantes se garantissent generalement & reciproquement toutes les Stipulations du present Traité.

Article 27

Les Ratifications solemnelles du present Traité, expediées en bonne & düe Forme, seront échangées, en cette Ville de Paris, entre Les Hautes Parties Contractantes dans l'Espace d'un Mois, ou plutôt s'il est possible, à compter du Jour de la Signature du present Traité.

En Foy de quoi Nous soussignés, Leurs Ambassadeurs Extraordinaires & Ministres Plenipotentiaires avons signé de Notre Main, en leur Nom, & en Vertu de nos Plein pouvoirs, le present Traité Definitif, & y avons fait apposer le Cachet de Nos Armes.

Fait à Paris le dix de Fevrier mil sept cent soixante trois.

Bedford C.P.S.Choiseul duc de Praslin.el Marqs de Grimaldi.

ARTICLES SEPARÉS

1

Quelques uns des Titres, employés par les Puissances Contractantes, soit dans les Pleinpouvoirs, et autres Actes, pendant le Cours de la Negotiation, soit dans le Preambule du present Traité, n'etant pas generalement reconnus, il a été convenu, qu'il ne pourroit jamais en resulter aucun prejudice pour aucune des dites Parties Contractantes, et que les Titres, pris ou omis, de part et d'autre, à l'Occasion de la dite Negotiation, et du present Traité, ne pourront etre cités, ni tirés à Consequence.

2

Il a été convenu et arreté que la Langue Françoise, employée dans tous les Exemplaires du present Traité, ne formera point un Exemple, qui puisse etre allegué, ni tiré à consequence, ni porter prejudice, en aucune Maniere, à aucune des Puissances Contractantes; Et que l'on se conformera, a l'avenir, à ce qui a été observé, et doit etre observé, à l'egard, et de la Part, des Puissances, qui sont en usage, et en Possession, de donner, et de recevoir, des Exemplaires, de semblables Traités, en une autre Langue que la Françoise. — Le present Traité ne laissant pas d'avoir la même Force et Vertu, que si le susdit Usage y avoit été observe.

3

Quoique le Roy de Portugal n'ait pas signé le present Traité definitif, Leurs Majestés Britannique, Très Chretienne, et Catholique reconnoissent néanmoins, que Sa Majesté Très Fidele y est formellement comprise comme partie contractante, et comme si elle avoit expressement Signé le dit Traité; En Consequence, Leurs Majestés Britannique, Très Chretienne et Catholique, s'engagent respectivement et conjointement avec Sa Majesté Très Fidele, de la façon la plus expresse et la plus obligatoire, à l'Execution de toutes, et chacune des clauses, contenües dans le dit Traité, moyennant Son Acte d'Accession.

Les presens Articles separés auront la meme Force, que s'ils etoient inserés dans le Traité.

En Foy de quoi nous Soussignés Ambassadeurs Extraordinaires et Ministres Plenipotentiaires de Leurs Majestes Britannique, Tres Chretienne, et Catholique, avons Signé les presens Articles separés, et y avons fait apposer le Cachet de Nos Armes.

Fait à Paris le Dix de Fevrier Mil sept cent soixante et trois.

Bedford C.P.S.Choiseul duc de Praslin.el Marqs de Grimaldi.

GEORGIUS R.

Georgius Tertius, Dei Gratiâ, Magnæ Britanniæ Franciæ, et Hiberniæ Rex, Fidei Defensor, Dux Brunsvicensis et Luneburgensis, sacri Romani Imperii Archi-Thesaurarius, et Princeps Elector &ca: Omnibus et singulis ad quos præsentes hæ Literæ pervenerint, Salutem: Cum ad Pacem perficiendam inter Nos, et Bonum Fratrem Nostrum Regem Fidelissimum ex unâ Parte, et bonos Fratres Nostros Reges Christianissimum et Catholicum, ex alterâ, quæ jam, signatis apud Fontainebleau Die Mensis currentis Tertio Articulis Preliminariis, feliciter inchoata est, eamque ad Finem exoptatum perducendam, Virum aliquem idoneum ex Nostrâ Parte, plenâ Auctoritate munire Nobis è Re visum sit; — Sciatis quod Nos Fide, Judicio, atque in Rebus maximi Momenti tractandis Usu ac Solertiâ, perdilecti et perquàm Fidelis, Consanguinei, et Consiliarii Nostri, Johannis Ducis et Comitis de Bedford, Marchionis de Tavistock, Baronis Russel de Cheneys, Baronis Russel de Thornhaugh; et Baronis Howland de Streatham, Exercituum Nostrorum Locum tenentis Generalis, Privati Nostri Sigilli Custodis, Comitatuum Bedfordiæ et Devoniæ Locum tenentis, et Custodis Rotulorum, Nobilissimi Ordinis Nostri Periscelidis Equitis, et Legati Nostri Extraordinarii et Plenipotentiarii apud Bonum Fratrem Nostrum Regem Christinissimum plurimum confisi, Eundem nominavimus, fecimus constituimus et ordinavimus, quemadmodum per præsentes, nominamus facimus constituimus et ordinamus, verum, certum, et indubitatum Ministrum, Commissarium, Deputatum, Procuratorem, et Plenipotentiarium Nostrum, dantes Eidem, omnem, et omnimodam Potestatem, Facultatem, Authoritatemque, necnon Mandatum generale, pariter ac speciale, (ita tamen ut generale speciali non deroget, nec è contrà) pro Nobis et Nostro Nomine, unà cum Legatis, Commissariis Deputatis, et Plenipotentiariis Principum quorum interesse poterit, sufficienti itidem Potestate atque Authoritate instructis, tam singulatim ac divisim, quam aggregatim ac conjunctim, congrediendi et colloquendi, atque cum Ipsis de Pace firmâ et stabili, sincerâque Amicitiâ et Concordiâ, quantocius restituendis, conveniendi, tractandi, consulendi, et concludendi, idque omne quod ita conventum et conclusum fuerit, pro Nobis, et Nostro Nomine, subsignandi, atque Tractatum, Tractatusve, super ita conventis et conclusis, conficiendi, omniaque alia quæ ad Opus supra dictum feliciter exequendum pertinent, transigendi, tam amplis Modo et Formâ, ac Vi, Effectuque pari, ac Nos, si interessemus, facere, et præstare possemus; Spondentes, et in Verbo Regio promittentes, Nos omnia et singula quæcunque à dicto Nostro Plenipotentiario transigi et concludi contigerit, gratum, ratum, et acceptum, omni meliori Modo, habituros, neque passuros unqam, ut in toto, vel in Parte, à quopiam violentur, aut ut eïs in contrarium eatur. In quorum omnium majorem Fidem et Robur Præsentibus, Manu Nostrâ Regiâ signatis, Magnum Nostrum Magnæ Britanniæ Sigillum appendi fecimus. Quæ dabantur in Palatio Nostro Divi Jacobi Die Duodecimo Mensis Novembris Anno Domini Millesimo Septengentesimo Sexagesimo Secundo, Regnique Nostri Tertio.


Louis, par la Grace de Dieu, Roi de France et de Navarre, à tous ceux qui ces presentes Lettres verront, Salut. comme les Preliminaires signés à fontainebleau le troisieme novembre de l'année derniere, ont posé les fondemens de la Paix retablie entre nous et notre Très cher et très amè bon frere et Cousin le Roi d'Espagne d'une part, et notre Très cher et très amè bon frere le Roy de la Grande Bretagne, et notre Très cher et très amè bon frere et Cousin le Roi de Portugal de l'autre, nous n'avons eû rien plus à cœur depuis cette heureuse époque, que de consolider et affermir de la façon la plus durable un si salutaire et si important ouvrage par un Traité solemnel et definitif entre nous et les dittes Puissances. Pour ces causes et autres bonnes considerations à ce nous mouvans, nous confiant entierement en la capacité et experience, zêle et fidelité pour notre service de notre Très cher et bien amè Cousin Cesar Gabriel de Choiseul, Duc de Praslin, Pair de france, Chevalier de nos Ordres, Lieutenant General de nos Armées et de la Province de Bretagne, Conseiller en tous nos Conseils, Ministre et Secretaire d'Etat et de nos Commandemens et finances, nous l'avons nommé Commis et deputé et par ces presentes signées de notre main, le nommons, commettons et députons notre Ministre Plenipotentiaire, lui donnant plein et absolu pouvoir d'agir en cette qualité et de conferer, negotier, Traiter et convenir conjointement, avec le Ministre Plenipotentiaire de notre Très cher et Très Amè bon frere le Roi de la Grande Bretagne, le Ministre Plenipotentiaire de notre Très cher et très Amè bon frere et cousin le Roi d'Espagne et le Ministre Plenipotentiaire de notre Très cher et très Amè bon frere et Cousin le Roi de Portugal, revêtus de Pleinpouvoirs en bonne forme, arrêter conclure et signer tels articles, conditions, conventions, declarations, Traité définitif, accessions et autres actes quelconques qu'Il Jugera convenables pour assûrer et affermir le grand ouvrage de la Paix; le tout avec la même liberté et autorité que nous pourrions faire nous-mêmes, si nous y étions presens en personne, encore qu'il y eût quelque chose qui requit un mandement plus special qu'il n'est contenu dans ces presentes; Promettant en foi et parole de Roy, d'avoir agréable, tenir ferme et stable à Toujours, accomplir et executer ponctuellement tout de que notre dit Cousin le Duc de Praslin aura stipulé, promis et signé en vertu du present pleinpouvoir sans jamais y contrevenir, ni permettre qu'il y Soit contrevenu pour quelque cause et sous quelque pretexte que ce puisse être, comme aussi d'en faire expedier nos Lettres de ratifications en bonne forme et de les faire delivrer pour être echangées dans le têms dont il Sera convenu. Car tel est notre Plaisir. En temoin de quoi nous avons fait mettre notre scel à ces presentes. Donné à Versailles le Septieme jour du mois de fevrier l'an de grace mille sept cent soixante trois et de notre Regne le quarante huitieme, signé Louis et sur le repli, Par le Roi, le Duc de Choiseul. Scellé du grand sceau de cire jaune.


Don Carlos, por la Gracia de Dios, Rey de Castilla, de Leon, de Aragon, de las dos Sicilias, de Jerusalem, de Navarra, de Granada, de Toledo, de Valencia, de Galicia, de Mallorca, de Sevilla, de Cerdêna, de Cordova, de Corcega, de Murcia, de Jaen, de los Algarbes, de Algecira, de Gibraltar, de las Islas de Canaria, de las Indias Orientales y Occidentales, Islas y Tierra firme del Mar Oceano; Archiduque de Austria; Duque de Borgôna, de Brabante, y Milan; Conde de Absburg, de Flandes, del Tirol y Barcelona; Senôr de Vizcaya, y de Molina &ca: Por quanto haviendose, concluido y firmado en el Real sitio de Fontainebleau el Dia tres de Noviembre del presente Anô, y cangeadose las respectivas Ratificaciones el veinte y dos del mismo mes por Ministros autorizados ã este Fin, los Preliminares de una Paz solida y duradera entre esta Corona, y la de Francia de una Parte, la de Inglaterra y la de Portugal de Otra; en los quales se promete venir luego à un tratado Definitivo, estableciendo y arreglando los Puntos Capitales sobre que ha de girar; y respecto ã que del mismo modo que concedi mi Plenopoder para tratar, ajustar, y firmar los mencionados Preliminares ã vos Don Geronimo Grimaldi, Marques de Grimaldi, Caballero de la Orden de Santi Spiritus, mi Gentil-hombre de Camara con Ejercicio, y mi Embajador Extraordinario al Rey Christianissimo, Se necessita que a Vos, ú á otro le conceda para tratar, ajsustar, y firmar el mencionado prometido tratado Definitivo de Paz: Por tanto estando vos el citado Don Geronimo Grimaldi, Marques de Grimaldi en el parage necessario y teniendo yo cada dia mas Motivos para fiaros esta, y otras tales Importancias de mi Corona, por vuestra acrisolada Fidelidad y zelo, Capacidad y Prudencia; he venido en constituiros mi Ministro Plenipotentiario y en concederos todo mi Plenopoder para que en mi Nombre y representando mi propria Persona, Trateis, Arregleis, convengais y firmeis dicho tratado Definitivo de Paz, entre mi Corona y la de Francia de una Parte, la de Inglaterra y la de Portugal de Otra, con los Ministros que estuvieren autorizados igual y especialmente por sus respectivos Soberanos ad mismo Fin:dando, como doi des de ahora por grato y rato todo lo que assi Trateis Concluyais y firmeis; y ofreciendo baso mi palabra Real que lo observaré y cumpliré, lo haré observar y cumplir como si por mi mismo lo huviesse tratado, concludo, y firmado. En fe de lo qual hize expedir el presente firmado de mi Mano, sellado con mi Sello secreto, y refrendado de mi infrascrito Consejero de Estado, y mi Primer Secretario del Despacho de Estado y de la Guerra. En Buen Retiro ã Diez de Deciembre de mil setecientos Sesenta y dos.

Firmado = YO EL REY.

 

Y mas abajo = RICARDO WALL.

endorsed: Definitive Treaty, and Three Separate Articles, between His Majesty, the Most Christian King, and the Catholick King, dated Paris Febry 10th 1763.


The French text of the treaty as here given is taken from a series of photographs reproducing the original treaty as preserved in the Public Record Office, among the State Papers of the British Foreign Office, in the section "Treaties," vol. 123.

(Translation.)[14]

The definitive Treaty of Peace and Friendship between his Britannick Majesty, the Most Christian King, and the King of Spain. Concluded at Paris the 10th day of February, 1763. To which the King of Portugal acceded on the same day. (Printed from the Copy.)

In the Name of the Most Holy and Undivided Trinity, Father, Son, and Holy Ghost. So be it.

Be it known to all those whom it shall, or may, in any manner, belong.

It has pleased the Most High to diffuse the spirit of union and concord among the Princes, whose divisions had spread troubles in the four parts of the world, and to inspire them with the inclination to cause the comforts of peace to succeed to the misfortunes of a long and bloody war, which having arisen between England and France during the reign of the Most Serene and Most Potent Prince, George the Second, by the grace of God, King of Great Britain, of glorious memory, continued under the reign of the Most Serene and Most Potent Prince, George the Third, his successor, and, in its progress, communicated itself to Spain and Portugal: Consequently, the Most Serene and Most Potent Prince, George the Third, by the grace of God, King of Great Britain, France, and Ireland, Duke of Brunswick and Lunenbourg, Arch Treasurer and Elector of the Holy Roman Empire; the Most Serene and Most Potent Prince, Lewis the Fifteenth, by the grace of God, Most Christian King; and the Most Serene and Most Potent Prince, Charles the Third, by the grace of God, King of Spain and of the Indies, after having laid the foundations of peace in the preliminaries signed at Fontainebleau the third of November last; and the Most Serene and Most Potent Prince, Don Joseph the First, by the grace of God, King of Portugal and of the Algarves, after having acceded thereto, determined to compleat, without delay, this great and important work. For this purpose, the high contracting parties have named and appointed their respective Ambassadors Extraordinary and Ministers Plenipotentiary, viz. his Sacred Majesty the King of Great Britain, the Most Illustrious and Most Excellent Lord, John Duke and Earl of Bedford, Marquis of Tavistock, &c. his Minister of State, Lieutenant General of his Armies, Keeper of his Privy Seal, Knight of the Most Noble Order of the Garter, and his Ambassador Extraordinary and Minister Plenipotentiary to his Most Christian Majesty; his Sacred Majesty the Most Christian King, the Most Illustrious and Most Excellent Lord, Cæsar Gabriel de Choiseul, Duke of Praslin, Peer of France, Knight of his Orders, Lieutenant General of his Armies and of the province of Britanny, Counsellor of all his Counsils, and Minister and Secretary of State, and of his Commands and Finances; his Sacred Majesty the Catholick King, the Most Illustrious and Most Excellent Lord, Don Jerome Grimaldi, Marquis de Grimaldi, Knight of the Most Christian King's Orders, Gentleman of his Catholick Majesty's Bedchamber in Employment, and his Ambassador Extraordinary to his Most Christian Majesty; his Sacred Majesty the Most Faithful King, the Most Illustrious and Most Excellent Lord, Martin de Mello and Castro, Knight professed of the Order of Christ, of his Most Faithful Majesty's Council, and his Ambassador and Minister Plenipotentiary to his Most Christian Majesty.

Who, after having duly communicated to each other their full powers, in good form, copies whereof are transcribed at the end of the present treaty of peace, have agreed upon the articles, the tenor of which is as follows:

Article I. There shall be a Christian, universal, and perpetual peace, as well by sea as by land, and a sincere and constant friendship shall be re established between their Britannick, Most Christian, Catholick, and Most Faithful Majesties, and between their heirs and successors, kingdoms, dominions, provinces, countries, subjects, and vassals, of what quality or condition soever they be, without exception of places or of persons: So that the high contracting parties shall give the greatest attention to maintain between themselves and their said dominions and subjects this reciprocal friendship and correspondence, without permitting, on either side, any kind of hostilities, by sea or by land, to be committed from henceforth, for any cause, or under any pretence whatsoever, and every thing shall be carefully avoided which might hereafter prejudice the union happily re-established, applying themselves, on the contrary, on every occasion, to procure for each other whatever may contribute to their mutual glory, interests, and advantages, without giving any assistance or protection, directly or indirectly, to those who would cause any prejudice to either of the high contracting parties: there shall be a general oblivion of every thing that may have been done or committed before or since the commencement of the war which is just ended.

II. The treaties of Westphalia of 1648; those of Madrid between the Crowns of Great Britain and Spain of 1667, and 1670; the treaties of peace of Nimeguen of 1678, and 1679; of Ryswick of 1697; those of peace and of commerce of Utrecht of 1713; that of Baden of 1714; the treaty of the triple alliance of the Hague of 1717; that of the quadruple alliance of London of 1718; the treaty of peace of Vienna of 1738; the definitive treaty of Aix la Chapelle of 1748; and that of Madrid, between the Crowns of Great Britain and Spain of 1750: as well as the treaties between the Crowns of Spain and Portugal of the 13th of February, 1668; of the 6th of February, 1715; and of the 12th of February, 1761; and that of the 11th of April, 1713, between France and Portugal with the guaranties of Great Britain, serve as a basis and foundation to the peace, and to the present treaty: and for this purpose they are all renewed and confirmed in the best form, as well as all the general, which subsisted between the high contracting parties before the war, as if they were inserted here word for word, so that they are to be exactly observed, for the future, in their whole tenor, and religiously executed on all sides, in all their points, which shall not be derogated from by the present treaty, notwithstanding all that may have been stipulated to the contrary by any of the high contracting parties: and all the said parties declare, that they will not suffer any privilege, favour, or indulgence to subsist, contrary to the treaties above confirmed, except what shall have been agreed and stipulated by the present treaty.

III. All the prisoners made, on all sides, as well by land as by sea, and the hostages carried away or given during the war, and to this day, shall be restored, without ransom, six weeks, at least, to be computed from the day of the exchange of the ratification of the present treaty, each crown respectively paying the advances which shall have been made for the subsistance and maintenance of their prisoners by the Sovereign of the country where they shall have been detained, according to the attested receipts and estimates and other authentic vouchers which shall be furnished on one side and the other. And securities shall be reciprocally given for the payment of the debts which the prisoners shall have contracted in the countries where they have been detained until their entire liberty. And all the ships of war and merchant vessels which shall have been taken since the expiration of the terms agreed upon for the cessation of hostilities by sea shall likewise be restored, bonâ fide, with all their crews and cargoes: and the execution of this article shall be proceeded upon immediately after the exchange of the ratifications of this treaty.

IV. His Most Christian Majesty renounces all pretensions which he has heretofore formed or might have formed to Nova Scotia or Acadia in all its parts, and guaranties the whole of it, and with all its dependencies, to the King of Great Britain: Moreover, his Most Christian Majesty cedes and guaranties to his said Britannick Majesty, in full right, Canada, with all its dependencies, as well as the island of Cape Breton, and all the other islands and coasts in the gulph and river of St. Lawrence, and in general, every thing that depends on the said countries, lands, islands, and coasts, with the sovereignty, property, possession, and all rights acquired by treaty, or otherwise, which the Most Christian King and the Crown of France have had till now over the said countries, lands, islands, places, coasts, and their inhabitants, so that the Most Christian King cedes and makes over the whole to the said King, and to the Crown of Great Britain, and that in the most ample manner and form, without restriction, and without any liberty to depart from the said cession and guaranty under any pretence, or to disturb Great Britain in the possessions above mentioned. His Britannick Majesty, on his side, agrees to grant the liberty of the Catholick religion to the inhabitants of Canada: he will, in consequence, give the most precise and most effectual orders, that his new Roman Catholic subjects may profess the worship of their religion according to the rites of the Romish church, as far as the laws of Great Britain permit. His Britannick Majesty farther agrees, that the French inhabitants, or others who had been subjects of the Most Christian King in Canada, may retire with all safety and freedom wherever they shall think proper, and may sell their estates, provided it be to the subjects of his Britannick Majesty, and bring away their effects as well as their persons, without being restrained in their emigration, under any pretence whatsoever, except that of debts or of criminal prosecutions: The term limited for this emigration shall be fixed to the space of eighteen months, to be computed from the day of the exchange of the ratification of the present treaty.

V. The subjects of France shall have the liberty of fishing and drying on a part of the coasts of the island of Newfoundland, such as it is specified in the XIIIth article of the treaty of Utrecht; which article is renewed and confirmed by the present treaty, (except what relates to the island of Cape Breton, as well as to the other islands and coasts in the mouth and in the gulph of St. Lawrence:) And his Britannick Majesty consents to leave to the subjects of the Most Christian King the liberty of fishing in the gulph of St. Lawrence, on condition that the subjects of France do not exercise the said fishery but at the distance of three leagues from all the coasts belonging to Great Britain, as well those of the continent as those of the islands situated in the said gulph of St. Lawrence. And as to what relates to the fishery on the coasts of the island of Cape Breton, out of the said gulph, the subjects of the Most Christian King shall not be permitted to exercise the said fishery but at the distance of fifteen leagues from the coasts of the island of Cape Breton; and the fishery on the coasts of Nova Scotia or Acadia, and every where else out of the said gulph, shall remain on the foot of former treaties.

VI. The King of Great Britain cedes the islands of St. Pierre and Macquelon, in full right, to his Most Christian Majesty, to serve as a shelter to the French fishermen; and his said Most Christian Majesty engages not to fortify the said islands; to erect no buildings upon them but merely for the conveniency of the fishery; and to keep upon them a guard of fifty men only for the police.

VII. In order to re-establish peace on solid and durable foundations, and to remove for ever all subject of dispute with regard to the limits of the British and French territories on the continent of America; it is agreed, that, for the future, the confines between the dominions of his Britannick Majesty and those of his Most Christian Majesty, in that part of the world, shall be fixed irrevocably by a line drawn along the middle of the River Mississippi, from its source to the river Iberville, and from thence, by a line drawn along the middle of this river, and the lakes Maurepas and Pontchartrain to the sea; and for this purpose, the Most Christian King cedes in full right, and guaranties to his Britannick Majesty the river and port of the Mobile, and every thing which he possesses, or ought to possess, on the left side of the river Mississippi, except the town of New Orleans and the island in which it is situated, which shall remain to France, provided that the navigation of the river Mississippi shall be equally free, as well to the subjects of Great Britain as to those of France, in its whole breadth and length, from its source to the sea, and expressly that part which is between the said island of New Orleans and the right bank of that river, as well as the passage both in and out of its mouth: It is farther stipulated, that the vessels belonging to the subjects of either nation shall not be stopped, visited, or subjected to the payment of any duty whatsoever. The stipulations inserted in the IVth article, in favour of the inhabitants of Canada shall also take place with regard to the inhabitants of the countries ceded by this article.

VIII. The King of Great Britain shall restore to France the islands of Guadeloupe, of Mariegalante, of Desirade, of Martinico, and of Belleisle; and the fortresses of these islands shall be restored in the same condition they were in when they were conquered by the British arms, provided that his Britannick Majesty's subjects, who shall have settled in the said islands, or those who shall have any commercial affairs to settle there or in other places restored to France by the present treaty, shall have liberty to sell their lands and their estates, to settle their affairs, to recover their debts, and to bring away their effects as well as their persons, on board vessels, which they shall be permitted to send to the said islands and other places restored as above, and which shall serve for this use only, without being restrained on account of their religion, or under any other pretence whatsoever, except that of debts or of criminal prosecutions: and for this purpose, the term of eighteen months is allowed to his Britannick Majesty's subjects, to be computed from the day of the exchange of the ratifications of the present treaty; but, as the liberty granted to his Britannick Majesty's subjects, to bring away their persons and their effects, in vessels of their nation, may be liable to abuses if precautions were not taken to prevent them; it has been expressly agreed between his Britannick Majesty and his Most Christian Majesty, that the number of English vessels which have leave to go to the said islands and places restored to France, shall be limited, as well as the number of tons of each one; that they shall go in ballast; shall set sail at a fixed time; and shall make one voyage only; all the effects belonging to the English being to be embarked at the same time. It has been farther agreed, that his Most Christian Majesty shall cause the necessary passports to be given to the said vessels; that, for the greater security, it shall be allowed to place two French clerks or guards in each of the said vessels, which shall be visited in the landing places and ports of the said islands and places restored to France, and that the merchandize which shall be found therein shall be confiscated.

IX. The Most Christian King cedes and guaranties to his Britannick Majesty, in full right, the islands of Grenada, and the Grenadines, with the same stipulations in favour of the inhabitants of this colony, inserted in the IVth article for those of Canada: And the partition of the islands called neutral, is agreed and fixed, so that those of St. Vincent, Dominico, and Tobago, shall remain in full right to Great Britain, and that of St. Lucia shall be delivered to France, to enjoy the same likewise in full right, and the high contracting parties guaranty the partition so stipulated.

X. His Britannick Majesty shall restore to France the island of Goree in the condition it was in when conquered: and his Most Christian Majesty cedes, in full right, and guaranties to the King of Great Britain the river Senegal, with the forts and factories of St. Lewis, Podor, and Galam, and with all the rights and dependencies of the said river Senegal.

XI. In the East Indies Great Britain shall restore to France, in the condition they are now in, the different factories which that Crown possessed, as well as on the coast of Coromandel and Orixa as on that of Malabar, as also in Bengal, at the beginning of the year 1749. And his Most Christian Majesty renounces all pretension to the acquisitions which he has made on the coast of Coromandel and Orixa since the said beginning of the year 1749. His Most Christian Majesty shall restore, on his side, all that he may have conquered from Great Britain in the East Indies during the present war; and will expressly cause Nattal and Tapanoully, in the island of Sumatra, to be restored; he engages farther, not to erect fortifications, or to keep troops in any part of the dominions of the Subah of Bengal. And in order to preserve future peace on the coast of Coromandel and Orixa, the English and French shall acknowledge Mahomet Ally Khan for lawful Nabob of the Carnatick, and Salabat Jing for lawful Subah of the Decan; and both parties shall renounce all demands and pretensions of satisfaction with which they might charge each other, or their Indian allies, for the depredations or pillage committed on the one side or on the other during the war.

XII. The island of Minorca shall be restored to his Britannick Majesty, as well as Fort St. Philip, in the same condition they were in when conquered by the arms of the Most Christian King; and with the artillery which was there when the said island and the said fort were taken.

XIII. The town and port of Dunkirk shall be put into the state fixed by the last treaty of Aix la Chapelle, and by former treaties. The Cunette shall be destroyed immediately after the exchange of the ratifications of the present treaty, as well as the forts and batteries which defend the entrance on the side of the sea; and provision shall be made at the same time for the wholesomeness of the air, and for the health of the inhabitants, by some other means, to the satisfaction of the King of Great Britain.

XIV. France shall restore all the countries belonging to the Electorate of Hanover, to the Landgrave of Hesse, to the Duke of Brunswick, and to the Count of La Lippe Buckebourg, which are or shall be occupied by his Most Christian Majesty's arms: the fortresses of these different countries shall be restored in the same condition they were in when conquered by the French arms; and the pieces of artillery, which shall have been carried elsewhere, shall be replaced by the same number, of the same bore, weight and metal.

XV. In case the stipulations contained in the XIIIth article of the preliminaries should not be compleated at the time of the signature of the present treaty, as well with regard to the evacuations to be made by the armies of France of the fortresses of Cleves, Wezel, Guelders, and of all the countries belonging to the King of Prussia, as with regard to the evacuations to be made by the British and French armies of the countries which they occupy in Westphalia, Lower Saxony, on the Lower Rhine, the Upper Rhine, and in all the empire; and to the retreat of the troops into the dominions of their respective Sovereigns: their Britannick and Most Christian Majesties promise to proceed, bonâ fide, with all the dispatch the case will permit of to the said evacuations, the entire completion whereof they stipulate before the 15th of March next, or sooner if it can be done; and their Britannick and Most Christian Majesties farther engage and promise to each other, not to furnish any succours of any kind to their respective allies who shall continue engaged in the war in Germany.

XVI. The decision of the prizes made in time of peace by the subjects of Great Britain, on the Spaniards, shall be referred to the Courts of Justice of the Admiralty of Great Britain, conformably to the rules established among all nations, so that the validity of the said prizes, between the British and Spanish nations, shall be decided and judged, according to the law of nations, and according to treaties, in the Courts of Justice of the nation who shall have made the capture.

XVII. His Britannick Majesty shall cause to be demolished all the fortifications which his subjects shall have erected in the bay of Honduras, and other places of the territory of Spain in that part of the world, four months after the ratification of the present treaty; and his Catholick Majesty shall not permit his Britannick Majesty's subjects, or their workmen, to be disturbed or molested under any pretence whatsoever in the said places, in their occupation of cutting, loading, and carrying away log-wood; and for this purpose, they may build, without hindrance, and occupy, without interruption, the houses and magazines necessary for them, for their families, and for their effects; and his Catholick Majesty assures to them, by this article, the full enjoyment of those advantages and powers on the Spanish coasts and territories, as above stipulated, immediately after the ratification of the present treaty.

XVIII. His Catholick Majesty desists, as well for himself as for his successors, from all pretension which he may have formed in favour of the Guipuscoans, and other his subjects, to the right of fishing in the neighbourhood of the island of Newfoundland.

XIX. The King of Great Britain shall restore to Spain all the territory which he has conquered in the island of Cuba, with the fortress of the Havannah; and this fortress, as well as all the other fortresses of the said island, shall be restored in the same condition they were in when conquered by his Britannick Majesty's arms, provided that his Britannick Majesty's subjects who shall have settled in the said island, restored to Spain by the present treaty, or those who shall have any commercial affairs to settle there, shall have liberty to sell their lands and their estates, to settle their affairs, recover their debts, and to bring away their effects, as well as their persons, on board vessels which they shall be permitted to send to the said island restored as above, and which shall serve for that use only, without being restrained on account of their religion, or under any other pretence whatsoever, except that of debts or of criminal prosecutions: And for this purpose, the term of eighteen months is allowed to his Britannick Majesty's subjects, to be computed from the day of the exchange of the ratifications of the present treaty: but as the liberty granted to his Britannick Majesty's subjects, to bring away their persons and their effects, in vessels of their nation, may be liable to abuses if precautions were not taken to prevent them; it has been expressly agreed between his Britannick Majesty and his Catholick Majesty, that the number of English vessels which shall have leave to go to the said island restored to Spain shall be limited, as well as the number of tons of each one; that they shall go in ballast; shall set sail at a fixed time; and shall make one voyage only; all the effects belonging to the English being to be embarked at the same time: it has been farther agreed, that his Catholick Majesty shall cause the necessary passports to be given to the said vessels; that for the greater security, it shall be allowed to place two Spanish clerks or guards in each of the said vessels, which shall be visited in the landing places and ports of the said island restored to Spain, and that the merchandize which shall be found therein shall be confiscated.

XX. In consequence of the restitution stipulated in the preceding article, his Catholick Majesty cedes and guaranties, in full right, to his Britannick Majesty, Florida, with Fort St. Augustin, and the Bay of Pensacola, as well as all that Spain possesses on the continent of North America, to the East or to the South East of the river Mississippi. And, in general, every thing that depends on the said countries and lands, with the sovereignty, property, possession, and all rights, acquired by treaties or otherwise, which the Catholick King and the Crown of Spain have had till now over the said countries, lands, places, and their inhabitants; so that the Catholick King cedes and makes over the whole to the said King and to the Crown of Great Britain, and that in the most ample manner and form. His Britannick Majesty agrees, on his side, to grant to the inhabitants of the countries above ceded, the liberty of the Catholick religion; he will, consequently, give the most express and the most effectual orders that his new Roman Catholic subjects may profess the worship of their religion according to the rites of the Romish church, as far as the laws of Great Britain permit. His Britannick Majesty farther agrees, that the Spanish inhabitants, or others who had been subjects of the Catholick King in the said countries, may retire, with all safety and freedom, wherever they think proper; and may sell their estates, provided it be to his Britannick Majesty's subjects, and bring away their effects, as well as their persons, without being restrained in their emigration, under any pretence whatsoever, except that of debts, or of criminal prosecutions: the term limited for this emigration being fixed to the space of eighteen months, to be computed from the day of the exchange of the ratifications of the present treaty. It is moreover stipulated, that his Catholick Majesty shall have power to cause all the effects that may belong to him, to be brought away, whether it be artillery or other things.

XXI. The French and Spanish troops shall evacuate all the territories, lands, towns, places, and castles, of his Most faithful Majesty in Europe, without any reserve, which shall have been conquered by the armies of France and Spain, and shall restore them in the same condition they were in when conquered, with the same artillery and ammunition, which were found there: And with regard to the Portuguese Colonies in America, Africa, or in the East Indies, if any change shall have happened there, all things shall be restored on the same footing they were in, and conformably to the preceding treaties which subsisted between the Courts of France, Spain, and Portugal, before the present war.

XXII. All the papers, letters, documents, and archives, which were found in the countries, territories, towns and places that are restored, and those belonging to the countries ceded, shall be, respectively and bonâ fide, delivered, or furnished at the same time, if possible, that possession is taken, or, at latest, four months after the exchange of the ratifications of the present treaty, in whatever places the said papers or documents may be found.

XXIII. All the countries and territories, which may have been conquered, in whatsoever part of the world, by the arms of their Britannick and Most Faithful Majesties, as well as by those of their Most Christian and Catholick Majesties, which are not included in the present treaty, either under the title of cessions, or under the title of restitutions, shall be restored without difficulty, and without requiring any compensations.

XXIV. As it is necessary to assign a fixed epoch for the restitutions and the evacuations, to be made by each of the high contracting parties, it is agreed, that the British and French troops shall compleat, before the 15th of March next, all that shall remain to be executed of the XIIth and XIIIth articles of the preliminaries, signed the 3d day of November last, with regard to the evacuation to be made in the Empire, or elsewhere. The island of Belleisle shall be evacuated six weeks after the exchange of the ratifications of the present treaty, or sooner if it can be done. Guadeloupe, Desirade, Mariegalante Martinico, and St. Lucia, three months after the exchange of the ratifications of the present treaty, or sooner if it can be done. Great Britain shall likewise, at the end of three months after the exchange of the ratifications of the present treaty, or sooner if it can be done, enter into possession of the river and port of the Mobile, and of all that is to form the limits of the territory of Great Britain, on the side of the river Mississippi, as they are specified in the VIIth article. The island of Goree shall be evacuated by Great Britain, three months after the exchange of the ratifications of the present treaty; and the island of Minorca by France, at the same epoch, or sooner if it can be done: And according to the conditions of the VIth article, France shall likewise enter into possession of the islands of St Peter, and of Miquelon, at the end of three months after the exchange of the ratifications of the present treaty. The Factories in the East Indies shall be restored six months after the exchange of the ratifications of the present treaty, or sooner if it can be done. The fortress of the Havannah, with all that has been conquered in the island of Cuba, shall be restored three months after the exchange of the ratifications of the present treaty, or sooner if it can be done: And, at the same time, Great Britain shall enter into possession of the country ceded by Spain according to the XXth article. All the places and countries of his most Faithful Majesty, in Europe, shall be restored immediately after the exchange of the ratification of the present treaty: And the Portuguese colonies, which may have been conquered, shall be restored in the space of three months in the West Indies, and of six months in the East Indies, after the exchange of the ratifications of the present treaty, or sooner if it can be done. All the fortresses, the restitution whereof is stipulated above, shall be restored with the artillery and ammunition, which were found there at the time of the conquest. In consequence whereof, the necessary orders shall be sent by each of the high contracting parties, with reciprocal passports for the ships that shall carry them, immediately after the exchange of the ratifications of the present treaty.

XXV. His Britannick Majesty, as Elector of Brunswick Lunenbourg, as well for himself as for his heirs and successors, and all the dominions and possessions of his said Majesty in Germany, are included and guarantied by the present treaty of peace.

XXVI. Their sacred Britannick, Most Christian, Catholick, and Most Faithful Majesties, promise to observe sincerely and bonâ fide, all the articles contained and settled in the present treaty; and they will not suffer the same to be infringed, directly or indirectly, by their respective subjects; and the said high contracting parties, generally and reciprocally, guaranty to each other all the stipulations of the present treaty.

XXVII. The solemn ratifications of the present treaty, expedited in good and due form, shall be exchanged in this city of Paris, between the high contracting parties, in the space of a month, or sooner if possible, to be computed from the day of the signature of the present treaty.

In witness whereof, we the underwritten their Ambassadors Extraordinary, and Ministers Plenipotentiary, have signed with our hand, in their name, and in virtue of our full powers, have signed the present definitive treaty, and have caused the seal of our arms to be put thereto. Done at Paris the tenth day of February, 1763.

Bedford, C.P.S.Choiseul, Duc de Praslin.El Marq. de Grimaldi.
(L.S.)(L.S.)(L.S.)

Separate Articles

I. Some of the titles made use of by the contracting powers, either in the full powers, and other acts, during the course of the negociation, or in the preamble of the present treaty, not being generally acknowledged; it has been agreed, that no prejudice shall ever result therefrom to any of the said contracting parties, and that the titles, taken or omitted on either side, on occasion of the said negociation, and of the present treaty, shall not be cited or quoted as a precedent.

II. It has been agreed and determined, that the French language made use of in all the copies of the present treaty, shall not become an example which may be alledged, or made a precedent of, or prejudice, in any manner, any of the contracting powers; and that they shall conform themselves, for the future, to what has been observed, and ought to be observed, with regard to, and on the part of powers, who are used, and have a right, to give and to receive copies of like treaties in another language than French; the present treaty having still the same force and effect, as if the aforesaid custom had been therein observed.

III. Though the King of Portugal has not signed the present definitive treaty, their Britannick, Most Christian, and Catholick Majesties, acknowledge, nevertheless, that his Most Faithful Majesty is formally included therein as a contracting party, and as if he had expressly signed the said treaty: Consequently, their Britannick, Most Christian, and Catholick Majesties, respectively and conjointly, promise to his Most Faithful Majesty, in the most express and most binding manner, the execution of all and every the clauses, contained in the said treaty, on his act of accession.

The present Separate Articles shall have the same force as if they were inserted in the treaty.

In witness whereof, We the under-written Ambassadors Extraordinary, and Ministers Plenipotentiary of their Britannick, Most Christian and Catholick Majesties, have signed the present separate Articles, and have caused the seal of our arms to be put thereto.

Done at Paris, the 10th of February, 1763.

Bedford, C.P.S.Choiseul, Duc de Praslin.El Marq. de Grimaldi.
(L.S.)(L.S.)(L.S.)

His Britannick Majesty's full Power.


GEORGE R.

George the Third, by the grace of God, King of Great Britain, France and Ireland, Defender of the Faith, Duke of Brunswick and Lunenbourg, Arch-Treasurer, and Prince Elector of the Holy Roman Empire, &c. To all and singular to whom these presents shall come, greeting. Whereas, in order to perfect the peace between Us and our good Brother the Most Faithful King, on the one part, and our good Brothers the Most Christian and Catholick Kings, on the other, which has been happily begun by the Preliminary Articles already signed at Fontainebleau the third of this month; and to bring the same to the desired end, We have thought proper to invest some fit person with full authority, on our part; Know ye, that We, having most entire confidence in the fidelity, judgment, skill, and ability in managing affairs of the greatest consequence, of our right trusty, and right entirely beloved Cousin and Counsellor, John Duke and Earl of Bedford, Marquis of Tavistock, Baron Russel of Cheneys, Baron Russel of Thornhaugh, and Baron Howland of Streatham, Lieutenant-general of our forces, Keeper of our Privy Seal, Lieutenant and Custos Rotulorum of the counties of Bedford and Devon, Knight of our most noble order of the Garter, and our Ambassador Extraordinary and Plenipotentiary to our good Brother the Most Christian King, have nominated, made, constituted and appointed, as by these presents, we do nominate, make, constitute, and appoint him, our true, certain, and undoubted Minister, Commissary, Deputy, Procurator and Plenipotentiary, giving to him all and all manner of power, faculty and authority, as well as our general and special command (yet so as that the general do not derogate from the special, or on the contrary) for Us and in our name, to meet and confer, as well singly and separately, as jointly, and in a body, with the Ambassadors, Commissaries, Deputies, and Plenipotentiaries of the Princes, whom it may concern, vested with sufficient power and authority for that purpose, and with them to agree upon, treat, consult and conclude, concerning the re-establishing, as soon as may be, a firm and lasting peace, and sincere friendship and concord; and whatever shall be so agreed and concluded, for Us and in our name, to sign, and to make a treaty or treaties, on what shall have been so agreed and concluded, and to transact every thing else that may belong to the happy completion of the aforesaid work, in as ample a manner and form, and with the same force and effect, as We ourselves, if we were present, could do and perform; engaging and promising, on our royal word, that We will approve, ratify and accept, in the best manner, whatever shall happen to be transacted and concluded by our said Plenipotentiary, and that We will never suffer any person to infringe or act contrary to the same, either in the whole or in part. In witness and confirmation whereof We have caused our great Seal of Great Britain to be affixed to these presents, signed with our royal hand. Given at our Palace at St. James's, the 12th day of November, 1762, in the third year of our reign.


His Most Christian Majesty's Full Power.

Lewis, by the grace of God, King of France and Navarre, To all who shall see these presents, Greeting. Whereas the Preliminaries, signed at Fontainebleau the third of November of the last year, laid the foundation of the peace re-established between us and our most dear and most beloved good Brother and Cousin the King of Spain, on the one part, and our most dear and most beloved good Brother the King of Great Britain, and our most dear and most beloved good Brother and Cousin the King of Portugal on the other, We have had nothing more at heart since that happy epoch, than to consolidate and strengthen in the most lasting manner, so salutary and so important a work, by a solemn and definitive treaty between Us and the said powers. For these causes, and other good considerations, Us thereunto moving, We, trusting entirely in the capacity and experience, zeal and fidelity for our service, of our most dear and well-beloved Cousin, Cæsar Gabriel de Choiseul, Duke of Praslin, Peer of France, Knight of our Orders, Lieutenant General of our Forces and of the province of Britany, Counsellor in all our Councils, Minister and Secretary of State, and of our Commands and Finances, We have named, appointed, and deputed him, and by these presents, signed with our hand, do name, appoint, and depute him our Minister Plenipotentiary, giving him full and absolute power to act in that quality, and to confer, negociate, treat and agree jointly with the Minister Plenipotentiary of our most dear and most beloved good Brother the King of Great Britain, the Minister Plenipotentiary of our most dear and most beloved good Brother and Cousin the King of Spain and the Minister Plenipotentiary of our most dear and most beloved good Brother and Cousin the King of Portugal, vested with full powers, in good form, to agree, conclude and sign such articles, conditions, conventions, declarations, definitive treaty, accessions, and other acts whatsoever, that he shall judge proper for securing and strengthening the great work of peace, the whole with the same latitude and authority that We ourselves might do, if We were there in person, even though there should be something which might require a more special order than what is contained in these presents, promising on the faith and word of a King, to approve, keep firm and stable for ever, to fulfil and execute punctually, all that our said Cousin, the Duke of Praslin, shall have stipulated, promised and signed, in virtue of the present full power, without ever acting contrary thereto, or permitting any thing contrary thereto, for any cause, or under any pretence whatsoever, as also to cause our letters of ratification to be expedited in good form, and to cause them to be delivered, in order to be exchanged within the time that shall be agreed upon. For such is our pleasure. In witness whereof, we have caused our Seal to be put to these presents. Given at Versailles the 7th day of the month of February, in the year of Grace 1763, and of our reign the forty-eighth. Signed Lewis, and on the fold, by the King, the Duke of Choiseul. Sealed with the great Seal of yellow Wax.


His Catholick Majesty's full Power.

Don Carlos, by the grace of God, King of Castille, of Leon, of Arragon, of the two Sicilies, of Jerusalem, of Navarre, of Granada, of Toledo, of Valencia, of Galicia, of Majorca, of Seville, of Sardinia, of Cordova, of Corsica, of Murcia, of Jaen, of the Algarves, of Algecira, of Gibraltar, of the Canary Islands, of the East and West Indies, Islands and Continent, of the Ocean, Arch Duke of Austria, Duke of Burgundy, of Brabant and Milan, Count of Hapsburg, of Flanders, of Tirol and Barcelona, Lord of Biscay and of Molino, &c. Whereas preliminaries of a solid and lasting peace between this Crown, and that of France on the one part, and that of England and Portugal on the other, were concluded and signed in the Royal Residence of Fontainbleau, the 3rd of November of the present year, and the respective ratifications thereof exchanged on the 22d of the same month, by Ministers authorised for that purpose, wherein it is promised, that a definitive treaty should be forthwith entered upon, having established and regulated the chief points upon which it is to turn: and whereas in the same manner as I granted to you, Don Jerome Grimaldi, Marquis de Grimaldi, Knight of the Order of the Holy Ghost, Gentleman of my Bed-chamber with employment, and my Ambassador Extraordinary to the Most Christian King, my full power to treat, adjust, and sign the before-mentioned preliminaries, it is necessary to grant the same to you, or to some other, to treat, adjust, and sign the promised definitive treaty of peace as aforesaid: therefore, as you the said Don Jerome Grimaldi, Marquis de Grimaldi, are at the convenient place, and as I have every day fresh motives, from your approved fidelity and zeal, capacity and prudence, to entrust to you this, and other-like concerns of my Crown, I have appointed you my Minister Plenipotentiary, and granted to you my full power, to the end, that, in my name, and representing my person, you may treat, regulate, settle, and sign the said definitive treaty of peace between my Crown and that of France on the one part, that of England and that of Portugal on the other, with the Ministers who shall be equally and specially authorised by their respective Sovereigns for the same purpose; acknowledging, as I do from this time acknowledge, as accepted and ratified, whatever you shall so treat, conclude, and sign; promising, on my Royal Word, that I will observe and fulfil the same, will cause it to be observed and fulfilled, as if it had been treated, concluded, and signed by myself. In witness whereof, I have caused these presents to be dispatched, signed by my hand, sealed with my privy seal, and countersigned by my under-written Counsellor of State, and first Secretary for the department of State and of War. Buen Retiro, the 10th day of December, 1762.

(Signed)      I THE KING.

(And lower)      Richard Wall


The English version of the Treaty of 1763 is taken from the Collection of Treaties compiled by the Hon. Charles Jenkinson, afterwards Lord Liverpool, and which appeared under the following title: — "A Collection of all the Treaties of Peace, Alliance, and Commerce, Between Great Britain and other Powers. From the Treaty signed at Munster in 1648, to the Treaties signed at Paris In 1783. By the Right Hon. Charles Jenkinson. In three Volumes." The Treaty of 1763 is contained in Vol. III, pp. 177-197.

PAPERS RELATING TO THE ESTABLISHMENT OF CIVIL GOVERNMENT IN THE TERRITORIES CEDED TO BRITAIN BY THE TREATY OF 1763.[15]

(Egremont to Lords of Trade.)

Whitehall May 5th 1763.

Lords of Trade

     My Lords

His Majesty having brought the Negotiation with France & Spain to a happy Conclusion, and having given the necessary Orders for carrying into Execution the several Stipulations of the late Treaty, is now pleased to fix His Royal Attention upon the next important Object of securing to His Subjects, and extending the Enjoyment of the Advantages, which Peace has procured.

His Majesty therefore, upon the same Principle of Sollicitude for the Interests of His Colonies, which engaged him in a just & necessary War, in support of their Rights, and obliged him to insist on such Terms of Peace as he thought peculiarly calculated for the future Security of that important Object, directs me to transmit to Your Lordships herewith the Definitive Treaty of Peace; and I am commanded to signify to Your Lordships His Majesty's Pleasure, that You do, without Loss of Time, take into Your most serious Consideration, those Articles which relate to the Cessions made by their Most Christian & Catholick Majesties, & that You do report Your Opinion.

By what Regulations, the most extensive Commercial Advantages may be derived from those Cessions, and

How those Advantages may be rendered most permanent & secure to His Majesty's Trading Subjects.

The Means of arriving at these desireable Ends, will perhaps be most distinctly pointed out, by considering, separately, the several Cessions stipulated by the Articles of Peace and examining the different Circumstances by which each Cession becomes more or less susceptible of the great Advantages of Commerce & Security above mentioned.

North America naturally offers itself as the principal Object of Your Lordships Consideration upon this Occasion, with regard to which, I shall first obey His Majesty's Commands in proposing to Your Lordships some general Questions, before I proceed to desire You will furnish that Information, which His Majesty expects from Your Lordships, with regard to the Northern or Southern Parts of this Continent considered separately.

The Questions which relates to North America in general, are,

1st What New Governments should be established & what Form should be adopted for such new Governments? and where the Capital, or Residence of each Governor should be fixed?

2dly What Military Establishmt will be sufficient? What new Forts should be erected? and which, if any, may it be expedient to demolish?

Murray's report said to be inclosed in letter of 20th. July 1762. Amherst to Egremont in A & W. I. Vol. 97 but apparently missing.

3dly In what Mode least Burthensome and most palatable to the Colonies can they contribute towards the Support of the Additional Expence, which must attend their Civil & Military Establishment, upon the Arrangement which Your Lordships shall propose?

Under the first of those Heads, Vizt What new Governments shall be established? It will be proper to examine, what Priviledges are reserved to His Majesty's New Subjects by the Terms of their Capitulations; I therefore send Your Lordships herewith the Capitulation of Quebec & Montreal.

Burton's April 26, 1762. In Amherst's letter to Egremont 15 June 1762 enclosure No. 20 A & W. I. Vol.97.

It may also be a proper Object of Consideration, how far it is expedient to retain, or depart from the Forms of Government which His Most Christian Majesty had established in those Colonies; and in order to furnish Your Lordships with those Lights, which may enable You to form a just Opinion on this Head, I send herewith Copies of the several Reports of Govrs Murray Burton & Gage.

Gage's — Enclosure No. 38 March 20, 1762 in Amherst's to Egremont of 12 May, 1762 A. & W. I. Vol. 97.

The Second Question, which relates to the Security of North America, seems to include Two Objects to be provided for; The first is, the Security of the whole against any European Power; The next is the Preservation of the internal Peace & Tranquility of the Country against any Indian Disturbances. Of those Two Objects, the latter appears to call more immediately for such Regulations & Precautions as Your Lordships shall think proper to suggest &ca.

Tho' in order to succeed effectually in this Point, it may become necessary to erect some Forts in the Indian Country, with their Consent, yet His Majesty's Justice & Moderation inclines Him to adopt the more eligible Method of conciliating the Minds of the Indians by the Mildness of His Government, by protecting their Persons & Property & securing to them all the Possessions, Rights and Priviledges they have hitherto enjoyed, & are entitled to, most cautiously guarding against any Invasion or Occupation of their Hunting Lands, the Possession of which is to be acquired by fair Purchase only; and it has been thought so highly expedient to give them the earliest and most convincing Proofs of His Majesty's Gracious and Friendly Intentions on this Head, that I have already received and transmitted the King's Commands to this Purpose to the Governors of Virginia, the Two Carolinas & Georgia, and to the Agent for Indian Affairs in the Southern Department, as Your Lordships will see fully in the inclosed Copy of my Circular Letter to them on this Subject.

Having thus executed the King's Commands, with regard to such Questions as relate to North America in general, I am to signify to Your Lordships His Majesty's further Pleasure that You do take into Consideration the following Queries, which concern some parts of that Continent in particular.

Canada & Newfoundland.

The first and most important Object is the Fishery, with regard to which Your Lordships will furnish all the Lights you possibly can in order to shew, — 

Whether the French had made any Incroachments with regard to the Fishery, contrary to what is stipulated, on this Head by the Treaty of Utrecht?

How those Incroachments may be most easily prevented by such timely Precautions, as may most effectually obviate all Disputes between the Subjects of both Crowns, in those Parts & preserve Peace & Tranquility there for the future.

What Inconvenience or Disadvantage may arise to His Majesty's Northern Colonies, or to the Fishery in those Parts, from the Vicinity of St Pierre & Michelon, ceded to France, under certain Restrictions by the 6th Article of the Definitive Treaty? And by what Precautions may that Inconvenience be most effectually guarded against, either with respect to Our Fishery, or a Contraband Trade with Our Colonies.

Florida.

Can Your Lordships furnish any Lights with regard to the Climate or Soil of the Inland Parts of Florida, which tho' hitherto neglected and useless, are said to be extremely fertile?

Is there any Reason to believe that the Mouth of the Catahocke River is, or might be easily made Commodious for Shipping, or, that a Harbour may be found in the Southern Parts of the Peninsula of Florida? What particular Advantages might arise from such a Harbour, or from that of Pensacola or Mobile, or from any other, on that part of the Coast of North America lately ceded to His Majesty, which bounds the Gulph of Mexico to the North.

The general Queries with regard to North America, having taken in all the Points of Information wanted, relative to the Louisiana & the Illinois, I shall only add, that His Majesty desires to have Your Lordships Opinion whether any immediate Advantages may be derived from the free Navigation of the Mississippi, and how they are to be improved & extended?

Having thus gone thro' the several Points relative to N. America, upon which His Majesty desires to have the Opinion of Your Lordships, the obvious Application of most of the same Queries to the other Cessions made to His Majesty by the Peace, makes it unnecessary to repeat them, it will be sufficient therefore to desire that Your Lordships will report for His Majesty's Information, Your Opinion, with regard to the most effectual Means of improving and securing the Commercial Advantages, which may be derived from the Conquered Islands and from Senegal. With regard to the latter I am to inform Your Lordships, that His Majesty has thought proper to accept the Proposal of the African Committee made in the Petition of which I send You Copy inclosed, and Orders are already given to the Governor of Senegal to have a Detachment under a proper Officer to keep Possession of that Place till the African Committee shall be prepared to take Possession thereof. Your Lordships will report Your Opinion of this Arrangement, and suggest whatever may occur to You for the Advantage of this Part of the African Trade.

In Order to supply Your Lordships with all the Materials in my Office, which can in any Shape assist You, in making Your Report as ample, and as satisfactory as possible, I inclose herewith Copies of Accounts transmitted by the King's Command from Colonels Scott & Worge, as also the Capitulation of Martinico, Grenade having surrendered under the same Terms, which had been granted to that Island.

As it must require some time to examine & deliberate upon the several Points which are referred to Your Lordships in this Letter, it is the King's Pleasure, that without waiting to make a full Answer to the whole You do, as soon as possible, report your Opinion upon such Points as shall appear to you most pressing that proper Directions may be given, without Loss of Time, with regard to the Arrangements immediately necessary for the New Acquisitions.

I am &c.

EGREMONT[16]

endorsed: Drat to the Lords of the Trade

May 5th 1763

Letter of Reference concerning the Advantages procured by the Treaty of Peace, — the Regulations proper to be made relating to the Indians & the Establishment of New Governments in the ceded Provinces & Islands — Directing them to point out the necessary Arrangements. — 

 

A

 

No 7. — 

 

Enclosure in letter of 5 May 1763 — [17]

Definitive Treaty
Capitulation of Quebec. in B. Genl Townshend's Sept. 20. 1759
Capitulation of Montreal. in Genl Amherst's of Sepr 8. 1760.
Govr Murray's Report. Quebec June 5. 1762} transmitted by Sr Jeff. Amherst.
Govr Burton's Report. Trois Rivieres Apr. 1762
Genl Gage's Report. Montreal. March 20. 1762
Capitulation of Martinico. in Genl Monckton's of Feb. 9. & 27. 1762
Govr Scott's Letter. Grenada. July 7. 1762
Govr Scott's Report. Grenada. Jany 19. 1763.
Govr Worge's Report. Senegal Jany 11. 1762.
Meml of Committee of Merchants trading to Africa, & Estimate
Circular, March 16., to Govrs of Virginia, Two Carolinas, & Georgia, & Agent for So District of Indians.
endorsed: List of Papers sent to Board of Trade — May 5: 1763.

Inclosure in No 7 — 

 

A


This and the following papers contain an account of the steps taken by the British Government to provide a suitable constitution and policy of administration for Canada and the other recently acquired territories in North America. They furnish the basis for the Proclamation of Oct. 7th, 1763, as also for the Commission and the Instructions of the same date, given to General James Murray as Governor of the Province of Quebec. The papers are copied from the originals in the Public Record Office, and an except where noted, from the series "America and the West Indies." The first is from vol. 268, p. 93.

Charles, Earl of Egremont succeeded Wm. Pitt as Secretary of State for the Southern Department, Oct. 9th, 1761. At this time there were two Principal Secretaries of State, one for the "Northern" and the other for the "Southern" Department, these distinctions referring to the division between them of British foreign affairs in Europe. The American Colonies came under the attention of the senior secretary, being usually the secretary for the Southern Department. In Jan. 1768, a third Secretary of State was appointed to take charge of Colonial affairs; but, with the virtual loss of the American Colonies, this office was abolished in 1782. Thereafter a new division was made into the Home and Foreign Departments. The colonies came under the care of the former department until 1801, when they were transferred to that of the Secretary for War, a new department established in 1794. From 1801 to 1854 this department was known as that of the Secretary of State for War and the Colonies.

The enclosures mentioned in this list are not found with the letter of 5th May; but those relating to Canada are already given in this volume.

Lords of Trade to Egremont, with Report:

Whitehall June 8. 1763.

My Lord, — Having, in Obedience to His Majesty's Commands, signified to Us by your Lordship's Letter of the 5th of May last, prepared Our Representation upon such of the Points, thereby referr'd to Our Consideration, as appear to Us the most pressing, We beg leave to inclose Our said Representation to your Lordship, & desire you will be pleased to lay it before His Majesty.

We are

    My Lord,

Your Lordship's

most Obedient and

Most humble Servants

 

    Shelburne

    Soame Jenyns

    Ed: Eliot

    Ed Bacon

    John Yorke

    Geo: Rice

    Orwell

    Bamber Gascoyne

Earl of Egremont, One of His}
    Majesty's Principal Secretaries of State

    endorsed: June 8th 1763

Lords of Trade

    To the Earl of Egremont

with an Inclosure

(Report on Acquisitions in America)

A No 8.

Enclosure in letter from the Lords of Trade to Egremont, 8th June 1763.

No 12

To the King's most Excellent Majesty

May it please Your Majesty,

Having received Your Majesty's Commands, signified to Us by a Letter from the Earl of Egremont, dated May 5th 1763, to take into Consideration, without loss of Time, those Articles of the late Definitive Treaty of Peace, which relate to the Cessions made by France and Spain, and to report Our Opinion by what Regulations the most extensive Advantages may be derived from them, and those Advantages rendered most permanent and secure to Your Majesty's trading Subjects; And Your Majesty having further directed Us with regard to North America in general, to point out, what new Governments it may be necessary to establish, with the Form most proper for such Governments, and the Places most convenient for the Capitals; What Military Establishments will be sufficient for that Country; What new Forts it may be proper to erect, and what (if any) to demolish; And by what Mode of Revenue, least burthensome and most palatable, the Colonies can contribute to the Additional Expence of such Civil and Military Establishments: And Your Majesty having commanded that, particularly As to Canada and Newfoundland, after furnishing every Information in our Power relating to the Fishery, We should consider the Encroachments made by the French in this Article, contrary to the Stipulations in the Treaty of Utrecht, and give our Opinion by what Means such Encroachments may be prevented in future, and any Inconvenience which may arise from the Vicinity of St Pierre and Micquelon, may be most effectually guarded against. — That in respect to Florida, We should report upon it's Produce, the Situation of it's Harbours, and Rivers, with the Benefits which may arise from the free Navigation of the River Mississippi; — That in regard to the Islands conquered in the West Indies, and Senegal on the Coast of Africa, We should state the means which appear to Us most effectual for securing and improving the Commercial Advantages which may be derived from them; — But that upon the whole, it was Your Majesty's Pleasure (as some Time would be required to examine and deliberate on the several Points referred to Us) that We should, as soon as possible, report to Your Majesty Our Opinions on such of them as appear to Us most pressing, in order that Directions may be given without loss of Time:

In Obedience to Your Majesty's Commands, We have taken the several Points referred to Us into our most serious Consideration, and are of Opinion that We shall best comply with Your Majesty's Intention and Directions by stating particularly the Advantages which severally result to Your Majesty's Colonies and the Commerce of Your Subjects by the Cessions stipulated in the late Treaty, and then submitting Our humble Opinion to Your Majesty of the Means, which appear to Us immediately necessary to be put in Execution for securing and improving those Advantages.

Many of the particular Questions contained in the Reference will receive a particular Answer under one or other of those general Heads, and such as do not, We shall beg Leave, in Obedience to Your Majesty's Direction, to reserve for a future Report, when We may be better enabled to give Your Majesty Information upon such Points.

The most obvious Advantages arising from the Cessions made by the Definitive Treaty are, The exclusive Fishery of the River St Laurence on all the Coasts in the Gulph of St Laurence and all the Islands in that Gulph. From all these Fisheries Your Majesty's Subjects were hitherto entirely excluded; partly by the express Stipulations of the Treaty of Utrecht by which Cape Breton, St Johns and the other Islands in the Gulph were dismember'd from Nova Scotia and ceded to France, partly by the Claim immediately set up by France to the whole Southern Shore of the Gulph under pretence that it had never made a part of Nova Scotia, but had always been considered as a seperate District of New France. In consequence of this Claim and of the Possession instantly taken of that Territory by the French, which till the late War they were permitted to retain, they established their most Valuable Fisheries in the different and most convenient Bays of that Country, as well in respect to Catching and Curing of Fish and fitting out Boats, Shallops and other Vessels, as to raising Provisions at the cheapest Rates. From all these Circumstances this Fishery upon the Coasts of the Gulph and of the Islands in the Gulph of St Laurence, well known by the Name of La Peche Sedentaire, has ever since been deemed one of the most valuable parts of the French Fishery and We have reason to conclude from the Spirit and Industry which Your Majesty's Subjects have shewn ever since the Reduction of Louisbourg that it will become equally valuable in their Hands, especially when We consider that, the Fishery of the River St Laurence consisting of Whales, Seals, Sea-Cows &ca has been in the short Period since the taking of Quebec, carried to a much greater Extent by your Majesty's Subjects, than ever it was by the French, during their Possession of Canada.

This Claim, and the Possession in consequence of it, of the whole Southern Coast of the Gulph of St Laurence, from the Streights of Canceau to Cape Roziere, at the Mouth of the River, appears to Us to have been the chief Encroachment made by the French in Violation of the Stipulations in the Treaty of Utrecht; But the Monopoly of the Fishery which they endeavoured to establish upon this Encroachment was greatly strengthened by other Circumstances. By suffering the whole of Nova Scotia (the Fort of Annapolis excepted) to remain entirely in the Possession of French Inhabitants from the Treaty of Utrecht to the Year 1749, Your Majesty's Subjects were discouraged and prevented from availing themselves of the advantageous and abundant Fishery which might have been carried on upon that part of the Coast of Nova Scotia expressly and exclusively reserved to them in the Treaty of Utrecht, for the french constantly excited the Indians to disturb the Fishermen that resorted thither; And by their Possession of the whole Coast of Labrador, they not only carried on an extensive Trade with the Esquimeaux Indians in Oyl, Furs &ca. (in which they allowed Your Majesty's Subjects no Share) but by the Vicinity of the Eastern Part of that Coast, to that part of Newfoundland, (where a permissive Right of drying their Fish, only during the Fishery Season was granted by the Treaty of Utrecht) They assumed in some Measure an Exclusive Right to the Navigation in the Streights of Bellisle.

These several Encroachments, will, We apprehend, entirely cease, on the one Hand, by the compleat Settlement of Your Majesty's Colony of Nova Scotia, according to it's true and ancient Boundaries, and on the other by the Annexation of the Labrador Coast to the Government of Newfoundland, and by the faithfull Execution of those Instructions, which Your Majesty has been pleased to give to Your Governor of that Island. With respect to the Islands of St Pierre and Miquelon, We do not apprehend that any great Advantages can result to the French Fishery, or great Inconvenience to that of Your Majesty's Subjects by the Possession of them according to the Terms of the Treaty; We do not imagine they are fitted to restore or revive that Branch which the French call La Peche Sedentaire, and of which they have been deprived by the Cessions, not only as these Islands are without Wood, either for Firing or for any sort of Naval Construction, but as they are utterly incapable of producing Provision sufficient for the Consumption of any considerable Number of Inhabitants. And as to any Conveniences of Drying and Curing such Fish upon those Islands, as may be caught upon the Banks of Newfoundland during the Banking Season, It appears, by what Information We have had, that the best Fish so caught may be earlier and more conveniently dryed upon that part of Newfoundland, where a permissive Right for so doing during the Season was granted as well by the Treaty of Utrecht, as by the late Treaty. It seems, therefore, only to remain, that proper Precautions be taken against any Contraband Trade, which may be carried on from those Islands by any of the Ships of Your Majesty's Subjects trading thither or otherwise. To prevent which Your Majesty's Governor of Newfoundland should be instructed to employ the utmost Vigilance with regard to all such Trade during his Continuance upon the Station, and to give express Directions to the Officers of the Garrisons and the Magistrates in their several Departments that in his Absence they should have the utmost Attention to this Object, and to put the Laws against contraband Trade into strict Execution, for which purpose it will be necessary to establish in that Government a Court of Vice Admiralty or some other Jurisdiction competent to the Cognizance and Punishment of Breaches of the Acts of Trade.

The next obvious Benefit acquired by the Cessions made to your Majesty is the Fur & Skin Trade of all the Indians in North America. The first of these Articles before the present Cession, was enjoyed by the French almost entirely; The only part left in the Hands of Your Majesty's Subjects, being that carried on by the Exclusive Company of Hudson's Bay, and a very inconsiderable Quantity through the Province of New York. This Trade was acquired in virtue of the Possession which they had taken (contrary to the Stipulations of the Treaty of Utrecht) of all the Lakes in North America, communicating with the River St Laurence, tho' the circumjacent Territory avowedly belonged to the six Nations of Indians, Acknowledged by the French to be Your Majesty's Subjects in that Treaty, and by virtue of the Claim which they afterwards set up and were suffered to maintain for a long time of forcibly excluding Your Majesty's Subjects from any Navigation in those Lakes. But this Trade which the French with the utmost Industry had carried to the greatest Extent, by means of numerous well chosen Posts and Forts sufficient, as well to overawe as to supply all the Indians upon that immense Continent, is now fallen intirely and exclusively into the Hands of Your Majesty's Subjects and may be secured and communicated to all Your Majesty's Colonies according to the Industry of each, by means of those Posts and Forts with proper Regulations for the Trade with the Indians, under the Protection of such a Military Force as may preserve their Tranquility, not only against Indian Incursions but be ready for their Defence against any European Attack. — The Skin Trade was Chiefly in the Hands of Your Majesty's Subjects in the Southern Colonies even previous to the Cessions, but was often disturbed and interrupted by the frequent Incursions of Indians incited by the French — As these Circumstances no longer exist, a great Extension and Improvement of that Article may likewise be expected.

Another obvious Advantage of the Cession, will be the supplying of all the Indian Tribes upon the Continent of North America with European Commodities immediately through the Hands of English Traders. — This Article, if not wholly engrossed by the French, was possessed by them in the greatest Degree, and was of so much Importance that the Traders of New York chose rather to supply the Inhabitants of Canada with English Goods and Manufactures fit for the Indian Trade, than to risque the Loss of what they esteemed so valuable a Branch, by attempting a direct Trade with the Indians themselves. And this strange Principle was adopted by many of the Merchants of London, as appeared upon a Hearing on that Subject before Your Majesty's Board of Trade in 1721.

Another Advantage attending the late Treaty is the secure settling of the whole Coast of North America, as it's produce may invite, or Convenience for Settlement may offer, from the Mouth of the Mississippi to the Boundaries of the Hudson's Bay Settlements, with the whole Variety of Produce which is capable of being raised in that immense Tract of Sea Coast, either by the Industry of Emigrants from Europe, or from the Overflowing of Your Majesty's ancient Colonies — previous to the late War, Nothing is more certain than that many of Your Majesty's ancient Colonies appeared to be overstock'd with Inhabitants, occasioned partly from an extremely increasing Population in some of those Colonies, whose Boundaries had become too narrow for their Numbers, but chiefly by the Monopoly of Lands in the Hands of Land Jobbers from the extravagant and injudicious Grants made by some of Your Majesty's Governors, whereby a great many of Your Majesty's industrious Subjects were either forced into Manufactures, being excluded from planting by the high Price of Land (A Situation which they otherwise would have preferr'd) or forced to emigrate to the other Side of the Mountains, where they were exposed to the Irruptions of the Indians as well as the Hostilities of the French. And though, on the one Hand, Your Majesty's Province of Nova Scotia according to it's true and just Boundaries, and on the other, that of Georgia, would have contained many more of Your Majesty's Subjects than were in this disagreable Situation, and more advantageously for the Trade and Interest of Your Kingdoms, Yet the Hostilities which the French contrived to excite at first, by the Indians in their Alliance, and at last by regular Troops in Nova Scotia, and a Dread of the like Calamities on the Side of Georgia from the Indians and Spaniards, have hitherto prevented the salutary progress of these new Settlements, and the happy Consequences which otherwise might have been expected from them.

We have already mentioned the great Scope and Room which there is for beneficial Settlements in the Article of Fishery in Nova Scotia, another great Advantage however of the late Treaty, producing Strength to Your Kingdom and Riches to Your Subjects, is the future Supply which the new Acquisitions will afford of Naval Stores, more particularly that of masting for the Royal Navy, and of that Species of Timber and Wood commonly called Lumber, so essential to the Commerce and Cultivation of the Sugar Colonies, both which Articles are to be found in great Quantities, and with peculiar Advantage and Convenience in the Province of Canada, upon Lake Champlain, and in those Parts of Nova Scotia, the exclusive Possession of which is now confirmed to Your Majesty, and this Benefit arising from the Treaty is of the greatest Consideration, as the Supply of Masting and Stores for the Royal Navy from America had been almost entirely stop'd by bad Management and Waste committed in Your Majesty's Woods in New England and New York and the Price of Lumber had been greatly enhanced from the Necessity of procuring it at a greater Distance from the Ocean, and from convenient Ports of Shipping.

In the Province of Georgia and the Neighbouring Florida Commercial Advantages of a still more valuable Nature will probably follow the secure Extension of Settlement, which will be attained by the Cession of Florida, and the End which will be thereby put to Interruptions from the Indians. For there can be no Doubt, that Indigo, Silk, Cotton, and many of the Commodities now found in the West Indies only, may be raised in these Climates. An Object which will prove a strong Temptation to the Settlement of those Territories.

A capital Advantage highly deserving Your Majesty's Attention is the Increase of the Trade of Sugar, Coffee, Cotton and other Indian Products by the speedy Settlement and Culture of the new acquired Islands. — It is a known Truth, that the Produce of our West India Islands has hitherto been but barely sufficient to answer our growing Consumption in the first of these valuable Articles, and that as these Islands were all, excepting Jamaica, intirely cultivated, additional Territory was therefore become absolutely necessary to this Branch of Trade, which may be extended to a very great Degree if those new Islands are speedily settled.

The last advantageous Consequence arising from the Cessions which We shall now lay before Your Majesty is that of securing the whole Gum Trade on the Coast of Africa from a Monopoly in the Hands of the French by means of the River Senegal as well as the Acquisition of a considerable Share of the Slave Trade formerly in their hands, with a Variety of other Articles which there is great reason to believe may be obtained by the prosecution of further Discoveries on that River.

Having thus stated the most obvious Advantages resulting from the Cession made to Your Majesty by the late definitive Treaty, We submit to Your Majesty, as Our humble Opinion, that they can only be secured and improved by an immediate Establishment of regular Governments, in all such Places, where planting and Settlement, as well as Trade and Commerce are the immediate Objects. For in order to invite new Settlers to risque their persons and Property in taking up new Lands, as well as to secure the old Inhabitants in the Enjoyment of those Rights and Priviledges reserved to them by the Treaty, such regular Government appears, both from Reason and Experience, of absolute Necessity. And it seems likewise necessary for the same reasons, as well as to secure Your Majesty's Sovereignty and the Publick Tranquillity, that a large Military force should be kept up in each Government, 'till by the increase of Inhabitants, each Colony shall be enabled to maintain their own Governments by their own internal Force. But as no such regular civil Government is either necessary or indeed can be established, where no perpetual Residence or planting is intended; It will there be sufficient to provide for the free Trade of all Your Majesty's Subjects under such Regulations, and such Administration of Justice as is best suited to that End. Such We apprehend to be the case of Newfoundland, where a temporary Fishery is the only Object, and this We suppose has been the reason, which induced Your Majesty to annex the Coast of Labrador to that Government: Such is the case of Senegal and the Principle upon which we suppose Your Majesty thought proper to put that River and Country under the Administration of the African Committee. And such we apprehend will be the Case of that Territory in North America which in Your Majesty's Justice and Humanity as well as sound Policy is proposed to be left, under Your Majesty's immediate Protection, to the Indian Tribes for their hunting Grounds; where no Settlement by planting is intended, immediately at least, to be attempted; and consequently where no particular form of Civil Government can be established. In such Territory we should propose, that a free Trade with the Indian Tribes should be granted to all Your Majesty's Colonies and Subjects under such Regulations as shall be judged most proper for that End, and under the protection of such Military Force, to be kept up in the different Posts & Forts in the Indian Country as may be judged necessary, as well for the Protection of Trade and the good Treatment of the Indians as the Maintenance of Your Majesty's Sovereignty and the general defence of North America.

We shall defer at present entering into any particulars, as to the number of Troops which it may be necessary to maintain for this purpose, The Number and Situation of the Posts and Forts, and the Regulations proper to be established for a free Trade from all Your Majesty's Colonies into the Indian Country; 'till by further Information from Your Majesty's Commander in Chief of America, and from Your Majesty's Agents for Indian Affairs, We shall be enabled to make a more full and particular Report upon so interesting and important a Subject. And We apprehend that no such Delay can be attended with very material Inconvenience, since, if Your Majesty shall be pleased to adopt the general proposition of leaving a large Tract of Country round the great Lakes as an Indian Country, open to Trade, but not to Grants and Settlements, the Limits of such Territory will be sufficiently ascertained by the Bounds to be given to the Governors of Canada and Florida on the North and South, and the Mississippi on the West; and by the strict Directions to be given to Your Majesty's several Governors of Your ancient Colonies for preventing their making any new Grants of Lands beyond certain fixed Limits to be laid down in the Instructions for that purpose. And We apprehend that in the mean time the Security of this Trade will be sufficiently provided for by the Forts already erected, and such Garrisons as Your Commander in Chief may, at his Discretion, think proper to keep in them.

But that no time may be lost in finally settling this important point of the Indian Country, it will be absolutely necessary that immediate Orders be sent as well to Your Majesty's Commander in Chief of America as to Your Agents for Indian Affairs, that without delay they furnish every Information in their power on this Subject, and that they be directed to correspond directly with Your Majesty's Board of Trade for this purpose.

Canada, Florida and the new acquired Islands in the West Indies appear to Us to be the Places where Planting, perpetual Settlement and Cultivation ought to be encouraged and consequently where regular Forms of Government must immediately be established.

Canada as possessed and claimed by the French consisted of an immense Tract of Country including as well the whole Lands to the westward indefinitely which was the Subject of their Indian Trade, as all that Country from the Southern Bank of the River St Lawrence where they carried on their Encroachments.

It is needless to state with any degree of precision the Bounds and Limits of this extensive Country, for We should humbly propose to Your Majesty that the new Government of Canada should be restricted, so as to leave on the one hand, all the Lands lying about the great Lakes and beyond the Sources of the Rivers which fall into the River St Lawrence from the North, to be thrown into the Indian Country, and on the other hand, all the Lands from Cape Roziere to Lake Champlain, along the Heights where the Sources of the Rivers rise, which fall into the Bay of Fundy and Atlantic Ocean, to be annexed to Nova Scotia and New England in such a manner as upon any future directions after particular Surveys have been made shall appear most proper, If this general Idea shall be approved the future Bounds of the new Colony of Canada will be as follows,

On the South East it will be bounded by the high Lands which range across the Continent from Cape Roziere in the Gulph of St Laurence to that point of Lake Champlain above St Johns which is in Latitude 45 Degrees North; which high Lands separate the heads of the Rivers which fall into the great River St Lawrence from the heads of those which fall into the Atlantick Ocean or Bay of Fundy. On the North West It will be bounded by a Line drawn South from the River St Johns in Labrador by the heads of those Rivers which fall into the River St Lawrence as far as the East end of Lake Nipissin upon the Ottowa River, and on the South West by a Line drawn due West to the River St Lawrence from that point on Lake Champlain which is directly opposite to where the South Line falls in and so cross the said River St Lawrence and pursuing a North West Course along the Heights where the Rivers rise, that fall into the Ottowa River, to be continued to the East end of Nipissin Lake where the North Line terminates.

In order however that Your Majesty may judge with the greater precision of the Limits of Canada as above described and also of those We shall propose for Florida, and of the Country we think right to be left as Indian Territory, We humbly beg leave to refer to the annex'd Chart[18] in which those Limits are particularly delineated, and of which Your Majesty will have a clearer Conception than can be conveyed by descriptive Words alone.

The Advantage resulting from this restriction of the Colony of Canada will be that of preventing by proper and natural Boundaries, as well the Ancient French Inhabitants as others from removing & settling in remote Places, where they neither could be so conveniently made ameanable to the Jurisdiction of any Colony nor made subservient to the Interest of the Trade & Commerce of this Kingdom by an easy Communication with & Vicinity to the great River St Lawrence. And this Division by the heights of Land to the South of the River St Lawrence will on the one hand leave all Your Majesty's new French Subjects under such Government, as Your Majesty shall think proper to continue to them in regard to the Rights & Usages already secured or that may be granted to them. On the other hand, the reannexing to Nova Scotia all that Tract of Land from Cape Roziere along the Gulph of St Lawrence with the whole Coast of the Bay of Fundy to the River Penobscot, or to the River St Croix will be attended with this peculiar Advantage, of leaving so extensive a Line of Sea Coast to be settled by British Subjects; and all the new Settlers upon this Tract of Land will with greater facility be made amenable to the Jurisdiction of Nova Scotia than to that of Canada; and upon the same Principle, It will likewise be necessary to reannex the Islands of Cape Breton and St John's to the Government of Nova Scotia.[19]

And here, We cannot help offering it as Our humble Opinion that the utmost Attention should immediately be given to the Speedy Settlement of this Tract of Country and that Instructions be prepared for Your Majesty's Governor for that purpose, with particular regard to such Officers & Soldiers who have served so faithfully & bravely during the late War and who may now be willing to undertake such new Settlements under proper Conditions.

It is obvious that the new Government of Canada, thus bounded, will, according to the Reports of Generals Gage, Murray and Burton, contain within it a very great number of French Inhabitants and Settlements, and that the Number of such Inhabitants must greatly exceed, for a very long period of time, that of Your Majesty's British and other Subjects who may attempt Settlements, even supposing the utmost Efforts of Industry on their part either in making new Settlements, by clearing of Lands, or purchasing old ones from the ancient Inhabitants, From which Circumstances, it appears to Us that the Chief Objects of any new Form of Government to be erected in that Country ought to be to secure the ancient Inhabitants in all the Titles, Rights and Privileges granted to them by Treaty, and to increase as much as possible the Number of British and other new Protestant Settlers, which Objects We apprehend will be best obtain'd by the Appointment of a Governor and Council under Your Majesty's immediate Commission & Instructions. But the particular Regulations and Provisions to be adapted to the different Circumstances and Situation of this as well as Your Majesty's other new Acquisitions, will more properly and distinctly come under Your Majesty's Consideration in the Draught of the Commission and Instructions to be prepared for each Governor, than in this first general Report.

It will however be necessary that a large military Force be kept up 'till the number of British Inhabitants and new Settlers be very considerably increased, as well to secure the Obedience and Fidelity of the ancient French Inhabitants as to give full Protection & Security to the new British Settlers.

Canada was, under the French, divided into the three Governments of Quebec, Montreal and Trois Rivieres, but the Residence of the chief Governor was at Quebec, and the two other Governments had each a Lieutenant Governor only, subordinate to the Governor in Chief, and we should humbly propose that the same Method be continued under the new Governmt; not only as by this means the Administration of Justice and of Commerce will be less embarrass'd, but that a less proportion of military Force will be requisite to be maintained and be more easily applicable against all external or internal Disturbances.

Florida and that part of Louisiana to the eastward of the Missisippi, both which Tracts are ceded to Your Majesty by the late Treaty, may be compared to Canada, in respect to Extent of Territory, and the number of Indian Tribes, with which they have immediate Communication, but in other respects, they seem entirely different. The number of settled Inhabitants, either French or Spaniards, we apprehend, has never been considerable, and there is little probability, from the Facility of their Removal, that any of them will remain, after the Cessions are compleated, tho' we are of Opinion, as well from this Circumstance of their Paucity, as with a view to the immediate Settlement of the Country, that every Expedient should be used, to induce as many to remain as can be prevailed upon. — 

The Produce of Canada, with its Trade, the Navigation of the River St Lawrence, with its Communication to the great Lakes of North America, are, from authentick Information, in many particulars tolerably well understood; but we are sorry it is not in our power, either from any materials in our Office, or from any other to be depended upon, to give Your Majesty that certain Information we could wish either with regard to the Coast, Harbours and Rivers of Florida, or as to the Variety of Produce which there is the greatest probability may be raised in that extended Country. We shall therefore content ourselves with suggesting at present, that whenever a Government is established in this Country, Instructions should be given for surveying with all possible Accuracy, as well the Sea Coast and places fit for Harbours as the internal Country and Rivers, particularly of that part which lies between the great Mountains and the Missisippi, of which there are not extant any Charts or Accounts on which we can depend, for which purpose it will be necessary that a proper number of able and skilfull Surveyors be appointed.

The great Tract of Sea Coast from St Augustine, round Cape Florida, along the Gulph of Mexico, to the Mouth of the Missisippi makes it, we apprehend, indispenseably necessary that this Country should be divided into two distinct Governments, and, for the present, the Chief Residence of the Governor of the one should be at St Augustine, with orders to give particular Attention to Cape Florida, (as that Cape commands the whole Navigation from the Bay of Mexico) the Residence of the other at Pensicola, with particular Instructions regarding the Missisippi the free Navigation of which ought, we apprehend, to be most accurately understood, not only in respect of that River being the future Boundary betwixt Your Majesty's Dominions, and those of the French, but as this River by its Communication with the Ohio, the Illinoris &ca is of the utmost Importance to all Connection with the Indian Nations and the only Outlet to the great internal Trade, which may be carried on amongst them.

If it shall be thought proper to divide Florida into two distinct Governments, they may be distinguished by the names of East and West Florida and may be bounded as follows,

East Florida to be bounded by the Coast of the Atlantick Sea from Cape Florida to the North Entrance of St John's River, on the East; by a Line drawn due West from the North Entrance of St John's River to the Catahowche or Flint Rivers, on the North; and on the West and South West by that part of the Coast of the Gulph of Mexico, which extends from Cape Florida to the Mouth of the Catahowche River, and from thence following the Course of the said Rivers to where the North Line falls in.

West Florida to comprehend all the Sea Coast of the Gulph of Mexico, extending West from the Catahowche River or Flint River towards the Missisippi, as far as Your Majesty's Territories extend, and stretching up into the Land as far as the 31st Degree of North Latitude, which, We humbly apprehend, is as far North as the Settlements can be carried, without interfering with Lands claimed or occupied by the Indians.

By this Plan of Division, which is formed with a view to make the two Colonies as distinct as possible, by establishing a natural Line of Separation between them, and by giving to each a due proportion of the natural Advantages and Conveniencies of Commerce and Navigation, a large Tract of Land lying between the North Boundary Line of East Florida and the River Alatamaha, the present South Boundary of Georgia, which has hitherto been unoccupied, as to any permanent Settlement, either by Your Majesty's Subjects or those of Spain, remains to be put under some proper Establishment: and we think it cannot in any respect be better disposed of, than by putting it under the Jurisdiction and within the Government of Georgia, By this means the principle Obstacles, which have hitherto impeded the Progress of that advantageous and well regulated Colony, will be removed, and its Settlements extended to the great Benefit and Advantage of the Mother Country.

With respect to the Form of each of these Governments, We are of Opinion, that in regard to their being Infant Settlements the most suitable will be that of a Governor and Council, by Your Majesty's Commission, with Instructions adapted to the most quick and speedy Settlement of these Countries. But a considerable military Force must be likewise kept up in these Governments, as well in respect to the neighbourhood of the French and Indians, as to the Security of the Settlers, till their numbers enable them to have Security by their own internal Force.

The chief Object of the new acquired Islands in the West Indies, being that of extending West Indian Products of all kinds, as quickly as possible, to the Benefit of the Trade of Your Majesty's Kingdoms; And such Extension being impossible to be obtain'd but by the means of a very large Capital immediately to be laid out by Settlers in the Purchase of Negroes and Erection of Buildings, it is obvious that Security in this is more peculiarly to be attended to, and that as all those Islands, the Grenadaes excepted, which are inhabited by French, are almost entirely uncleared and uncultivated, It is equally obvious, that this Security cannot be obtained for some time at least but by the means of regular Troops — and We are clearly of opinion that this is so necessary, that We do not believe any Persons of sufficient Stock will be found willing to hazard the Capital necessary for a Sugar Plantation in any of these Islands without it. — The next Circumstance necessary to the Establishment of general Security is that of the regular Administration of Justice under a civil Government, the only Form of which that can be adapted to the present Situation of these Islands is, We apprehend, by a Governor and Council, under Your Majesty's immediate Appointment. But all particulars relative to it will best come under Your Majesty's Consideration, when We receive Your Orders to prepare the Commission and Instructions for the Governor.

We are of Opinion that the erecting all these Islands into one general Government, with a subordinate Lieutenant Governor in each, as is now practised in the Leeward Islands, will be better adapted, as well to the purposes of Civil Government as to the Application of military Power to the Protection of the whole, than either the separating of them into distinct Governments, or leaving those of St Vincent, Dominico and Tobago under the Commission of the Governor of Barbadoes. — For, by this means, the military Force will be best applied to the general Security, especially if their relative Situation be such as we are inform'd it is, that there is an easy Communication from ye one to the other, even of those which appear to be most remote. — Their being subject to one Government for the present will likewise contribute best to the carrying most speedily into Execution those Instructions, which will be necessary, as well for surveying those Lands as for dividing them into Lotts proper for Sugar Plantations or other Products, and for granting such Lotts to such Persons as shall be willing to undertake the Settlement of them, either upon Sale, Lease or gratuitous Grants as Your Majesty shall think most proper to direct. — By this Disposition not only Your Majesty's Orders will go thro' the Channel of one Person, but one Person will be responsible for the due Execution of them.

Having thus given our humble opinion in general as to the Government, which it may be necessary for Your Majesty to establish in Canada, Florida and the West Indies, We should now conclude this point, reserving all other particulars relative to it to be offer'd to Your Majesty's Consideration in the Draughts of ye Commissions and Instructions for the respective Governors, which must necessarily be prepared, if Your Majesty shall approve the general Proposition, but our Duty and the Experience of our Office, as well as the Authority of our Predecessors, oblige Us on this Occasion to make one other general Observation, which We humbly submit to Your Majesty.

That if all the Governors of Your Majesty's Colonies are not for the future obliged to constant Residence, as well as all subordinate Officers whatsoever, particularly in these new Governments, and appointed in such manner as to be removeable at Your Majesty's Pleasure there will be no proper Security either for the due Execution of their Offices upon the spot, or for their furnishing in a regular and punctual manner such Information to Your Majesty's Boards and Offices in this Kingdom, as is absolutely necessary for Your Majesty's Service, and for the Security and Improvement of Your old as well as new Colonies; and, We apprehend, it was upon a Conviction of this Truth, that when the Governments of Georgia and Nova Scotia were lately erected, all the new Officers then created, were appointed in this manner.[20]

It now only remains that, in Obedience to Your Majesty's Commands, We should give our Opinions upon the mode of Revenue least burthensome and most palatable to the Colonies, whereby they can contribute to the additional Expence, which must attend the Civil and Military Establishments adopted on the present Occasion, but on this point of the highest Importance, it is intirely out of our Power to form any Opinion, which We could presume to offer for Your Majesty's Consideration, as most of the Materials necessary to form a just and accurate Judgement upon it, are not within the reach of our Office. Such as can be procured shall be collected with all possible Dispatch, and shall at any time be laid before Your Majesty, in such manner as You shall please to direct.

All which is most humbly submitted,

Shelburne
Soame Jenyns
Ed: Eliot
Whitehall}Ed Bacon
   June 8th, 1763 John Yorke
Geo: Rice
Orwell
Bamber Gascoyne

The Report was accompanied by a printed map of North America by Eman. Bowen, Geographer to His Majesty, and engraved by John Gibson, on which the boundaries were marked.

It will be observed that Nova Scotia, or Acadia, still included the territory afterwards erected into the separate Province of New Brunswick. The island of St. Johns, here mentioned, is now Prince Edward Island.

Referring to the custom which had grown up, and which was the occasion of much complaint in the American Colonies, of granting to Court favourites and others lucrative offices in the colonies, the claims to which were treated as proprietary rights, but the duties of which were sometimes neglected altogether, or were discharged by inferior and poorly paid deputies sent out by the patentees. See Instructions to Governor Murray, sec. 24. See p. 189.

Egremont to the Lords of Trade.[21]

Whitehall, July 14th 1763.

Lords of Trade

My Lords, — Your Report, dated the 8th of last Month, having been laid before the King, and His Majesty having taken the Same into Consideration; I am, in Consequence thereof, to acquaint your Lordships, That the King approves the Erecting Three New Governments in No America, under the Denominations your Lordships propose, of Canada, East Florida, and West Florida; But, with regard to the Limits of these Governments, as described in the Report, and marked out in the Chart thereunto annexed; Altho' His Majesty entirely concurs in your Lordships Idea, of not permitting any Grant of Lands, or New Settlements to be made, for the present, beyond the Bounds proposed by your Lordships; Yet the King thinks, that great Inconveniences might arise, from so large a Tract of Land being left, without being Subject to the Civil Jurisdiction of some Governor, in Virtue of His Majesty's Commission, under the Great Seal of Great Britain; And that, (besides the Difficulties there might be, for Want of such a Civil Jurisdiction, in bringing to Justice Criminals, & Fugitives, who may take Refuge in that Country,) Their not being included within some established Government might, in Time to come, furnish Matter of Dispute, with Regard to the Property; And other Powers, who might hereafter find Means of Access to those Countries, might take Possession thereof, as derelict Lands: The King therefore is of Opinion, that, in the Commission for the Governor of Canada, all the Lakes, vizt, Ontario, Erie, Huron, Michigan, and Superior, should be included, with all the Country, as far North, & West, as the Limits of the Hudsons Bay Company, and the Mississippi; And also that all Lands whatsoever, ceded by the late Treaty, and which are not already included within the Limits of His Majesty's ancient Colonies, or intended to form the Governments of East and West Florida, as described in your Lordships Report, be assigned to the Government of Canada, unless your Lordships should suggest any other Distribution, which might answer the purpose more effectually; On which Matter your Lordships will lose no Time in making a Report to His Majesty.[22]

Having thus informed your Lordships of the King's Intentions, with regard to the Extent of the New Governments to be erected in North America; I am now to repeat to you, That His Majesty entirely concurs in your Lordships Idea, of not permitting, for the present, any Grant of Lands, or New Settlements, beyond the Bounds proposed in your Report; And that all the Countries, beyond such Bounds, be also, for the present, left unsettled, for the Indian Tribes to hunt in; but open to a free Trade for all the Colonies: And the King would have the Instructions to the Three New Governors in North America, formed so, as to contain the strongest Injunctions and Restrictions for this Purpose: — And His Majesty having been pleased to appoint The Honble James Murray to be Governor of Canada; Francis Grant Esqr to be Governor of East Florida; and George Johnstone Esqr to be Governor of West Florida; I am to signify to your Lordships, the King's Pleasure, that you do, forthwith, prepare, to be laid before His Majesty for His Approbation, Draughts of Commissions, and Instructions, for the said Three Governors, agreable to the King's Intentions communicated to you in this Letter, and to the Form of Government, proposed by your Lordships, of a Governor and Council by the King's Commission; Adapting the Instructions to the different Circumstances and Situation of the respective Countries; And your Lordships will insert an Instruction to the said Governors of Canada, and of East and West Florida, to cause accurate Surveys to be made, of the Countries under their Government.

With regard to the ancient Colonies; I am to acquaint your Lordships, that the King approves the extending the Limits of Georgia in the Manner you suggest; as also the Additions, your Lordships propose to be made, to Nova Scotia; and, in Case such Addition to Georgia, and Nova Scotia, shall make it necessary to issue New Commissions to any of the present Governors in No America, your Lordships will prepare Draughts thereof, for the King's Approbation: And your Lordships will also prepare Draughts of such Instructions, as shall be necessary, for the several Governors of the ancient Colonies, for preventing their making any New Grants of Lands beyond certain fixed Limits to be therein laid down for that purpose; And in these Instructions, as well as in Those for the New Governors, your Lordships will insert a Clause directing most particular Regard to be had, in the granting of any Lands, to such Officers and Soldiers, more especially Those residing in America, who have served so faithfully, and bravely, during the War, and who may now be willing to undertake any New Settleemnts under proper Conditions.

His Majesty thinks it highly proper, that the Agents for Indian Affairs should correspond with your Lordships, in regard to the Indian Country, and should transmit such Information on this Subject, as your Lordships shall require from them; for which purpose you will send them the necessary Orders and Instructions; But, with regard to the Commander in Chief of His Majesty's Forces, the King thinks, that His Correspondence should remain, as it has hitherto done, with the Secretary of State; who will not fail to communicate to your Lordships all such Informations, & Lights, as he shall, from time to time, furnish, relative to the State of the new Acquisitions in America; And as soon as your Lordships shall be able, from such Information, to make a more full and particular Report, as to the Number of Troops necessary to be maintained in the several Governments, and Posts, in America; and that the King shall have taken His Resolution thereupon; the Secretary of State will signify the same to the Commander in Chief: And, in the mean Time, I shall acquaint him, with your Lordships general Idea, that a large Military Force should be kept up in the New Governments; and such Garrisons, as he shall, in his Discretion, think proper, in the Forts already erected, and proposed to be kept up, for the Security of the Indian Trade.

Having now gone thro' the several Points, relative to North America, I come to the new acquired Islands in the West Indies; On which Subject I have only to inform your Lordships, that the King approves your Proposal of Erecting all These Islands, viztGrenada and the Grenadines; St. Vincent; Dominico; and Tobago; into one general Government; with a subordinate Lieutenant Governor in Each, as is now practiced in the Leeward Islands, under the same Form of Civil Government by a Governor and Council: — And His Majesty having been pleased to appoint Robert Melvill Esq. to be Governor of the said Islands; Your Lordships will prepare, to be laid before the King for His Approbation, the Draught of a Commission, and Instructions, for the said Gentleman, adapted to the Situation & Circumstances of the same: But as the Islands of St Vincent, Dominico, & Tabago, as well as St Lucia, ceded to France by the Definitive Treaty, are all included, by Name, in the Commission of the Governor of Barbados; your Lordships will consider, whether it may not be necessary to dismember the said Islands from that Government, by a New Commission to the Governor, or by some other legal Method.

It is farther His Majesty's Pleasure, that your Lordships should forthwith take into your Consideration, and report, what Methods shall appear, to you, the most reasonable, and also the most frugal, for the peopling, and settling, the New Governments, with useful and industrious Inhabitants, either from such of His Majesty's Colonies, That may be overstocked with Inhabitants, or from any Foreign Parts.

I am &c.

      EGREMONT

endorsed: Drat. to the Lords of Trade.

July 14th 1763.

Letter of Reference concerning the Extent & Settlement of the new Governments. All the Indian Country ought to be included under some civil Jurisdiction, tho' no Grants of Lands or Settlements to be permitted beyond certain Limits — And concerning Commissions & Instructions to be prepared for the New Governors. — 


A. and W. I., vol. 268, p. 205.

The reasons for not following the plan suggested are given in the reply of the Lords of Trade, of Aug. 5th, which follows this letter.

No. 9 A.

Lords of Trade to Egremont.[23]

Whitehall

August 5th 1763

My Lord, — Having prepared an humble Representation to His Majesty upon that part of Your Lordship's Letter of the 14th of July last which acquaint us with His Majesty's Pleasure that all the Country therein describ'd should be assign'd to the Government of Canada, unless we should suggest some other Distribution which might more effectually answer His Majesty's Intention with respect to those Lands, We beg Leave to inclose to Your Lordship our said Representation desiring you will be pleased to lay it before His Majesty — 

We are My Lord Your Lordship's

     Most obedient and most humble Servants,

ORWELLSHELBURNE
BAMBER GASCOYNEED: ELIOT
GEO: RICE

Earl of Egremont one of His Majesties Principal Secrys of State.

Endorsed: Augt 5th 1763 R 6th

Lords of Trade

with an Inclosure.

 

To The King's Most Excellent Majesty.

     May it please Your Majesty.

In Obedience to Your Majesty's Commands contained in a Letter from the Earl of Egremont, dated the 14th of July last signifying to Us Your Majesty's Most gracious Approbation of Our Idea, that that large Tract of Country bounded by the Mississippi and the Limits of the Hudson Bay Company on the one hand and on the other by the Limits of Canada, East and West Florida and His Majesty's ancient Colonies, should for the present be made subject to no grants of Lands nor to any Settlements. But acquainting us, that it was Your Majesty's Pleasure, that it should be put under some civil Jurisdiction, by a Commission under the Great Seal of Great Britain, so as to prevent any Objection, which might be formed, as to the Property of it, or its being considered as abandoned or direlict, or it's becoming a refuge for Criminals and Fugitives, and for these Reasons, that the whole of this Territory should be inserted in the Commission of the Governor of Canada, and assigned to that Government, unless we should suggest to Your Majesty some disposition which would answer these Purposes more effectually and directing us on this Matter to lose no time to report to Your Majesty.

We have taken this important Subject into our most serious Consideration and do most humbly concurr in Your Majesty's Opinion, of the propriety of putting this Country under a particular Government, by a Commission under Your Great Seal, with a most precise Description of its Boundaries, in Order to ascertain the actual possession of its property, and with such Powers as may be necessary, as well to maintain and secure the free Exercise of the Indian Trade, which it is proposed all Your Majesty's Subjects shall enjoy within it, under proper Regulations, as to prevent its becoming a Refuge to Criminals and Fugitives. — But at the same time, we beg Leave to submit to Your Majesty, the following Objections which have occurred to us, against the annexing this Country to any particular Government, especially to that of Canada — 

1st We are apprehensive that, should this Country be annexed to the Government of Canada, a Colour might be taken on some future Occasion, for supposing that Your Majesty's Title to it, had taken it's Rise, singly from the Cessions made by France, in the late Treaty, whereas Your Majesty's Title to the Lakes and circumjacent Territory as well as to the Sovereignty over the Indian Tribes, particularly of the Six Nations, rests on a more solid and even a more equitable Foundation; and perhaps nothing is more necessary than that just Impressions on this Subject should be carefully preserved in the Minds of the Indians, whose Ideas might be blended and confounded, if they should be brought to consider themselves as under the Government of Canada — 

2d We are apprehensive as the whole of this Country would become subject to the Laws of a particular Government or Province, it would give that Province such superior Advantage in respect to the whole of the Indian Trade, which Your Majesty in Your Justice and Wisdom has determined to leave as open as possible, to all Your Subjects, as might controul and obstruct it to the Prejudice of Your other Colonies — 

3d If this great Country should be annexed to the Government of Canada, we are apprehensive, that the Powers of such Government could not be carried properly into execution, either in respect to the Indians or British Traders, unless by means of the Garrisons at the different Posts and Forts in that Country, which must contain the greatest Part of Your Majesty's American Forces and consequently the Governor of Canada would become virtually Commander in Chief or constant and inextricable Disputes would arise, between him, and the commanding Officers of Your Majesty's Troops — 

If these Objections should appear of Weight to Your Majesty, We would humbly propose, that a Commission under the Great Seal, for the Government of this Country, should be given to the Commander in Chief of Your Majesty's Troops for the time being adapted to the Protection of the Indians and the fur Trade of your Majesty's subjects; And We submit to your Majesty whether any Inconveniencies would arise, from such Commission, which would not equally arise from a like Commission to a Governor of any of Your Majesty's particular Colonies — 

But as the Instructions to such Governour, if Your Majesty should approve of this Proposition, would require a great Variety of Information, both with respect to the Management of the Indian Tribes and Trade, which can only be had from Your Majesty's Commander in Chief, and Your Agents for Indian Affairs, We would further submit, whether the issuing such Commission and Instructions, may not be delayed; 'till by the receipt of such Information, which Your Majesty has been graciously pleased to direct, We are enabled to make a full and particular Report on that very important subject. — And we flatter Ourselves, that no such delay will produce any bad Consequences, either in Respect to this Country's being considered as direlect, while Your Majesty's Troops are in the actual possession of every Post and Fort formerly enjoyed by the French, or in respect of Criminals and Fugitives, taking refuge in this Country with Impunity, as this may be easily prevented by an Instruction to the present Commander in Chief, empowering and directing him to send back all such Persons to their respective Colonies — 

In the mean time We humbly propose that a Proclamation be immediately issued by Your Majesty as well on Account of the late Complaints of the Indians, and the actual Disturbances in Consequence, as of Your Majesty's fixed Determination to permit no grant of Lands nor any settlements to be made within certain fixed Bounds, under pretence of Purchase or any other Pretext whatever, leaving all that Territory within it free for the hunting Grounds of those Indian Nations Subjects of Your Majesty, and for the free trade of all your Subjects, to prohibit strictly all Infringements or Settlements to be made on such Grounds, and at the same time to declare Your Majesty's Intentions to encourage all such Persons who shall be inclined to commence new Settlements from Your old Colonies, together with all foreign Protestants, coming by themselves or with such Undertakers, in Your new Colonies of East and West Florida or your old Colony of Nova Scotia with particular regard to be shewn to those Officers and Soldiers, more especially those residing in America, who have so faithfully and bravely distinguished themselves, during the War, by allowing; Five thousand Acres lying together to every Field Officer; Three thousand Acres to every Captain, Two thousand five hundred Acres to every Subaltern or Staff Officer; One hundred Acres to every non-commission Officer, and Fifty Acres, to every private Man; in such parts as they shall chuse, on condition that they shall personally apply for and reside upon them subject to such terms of Cultivation, as your Majesty shall think proper to impose on all Persons undertaking such Settlements, which Encouragements may be also extended to reformed Commission Officers in Your Majesty's Navy in Case Your Majesty shall judge it reasonable and expedient.

All which is most humbly submitted

SHELBURNE

ED. ELIOT

GEO: RICE

ORWELL

BAMBER GASCOYNE

Whitehall

     Augt 5th 1763

Endorsed Augt 5th 1763

          R 6th Lords of Trade

Report concerning the Lands to be reserved for the Indians — Proposing that a Commission under the Great Seal be given to the Commander in Chief, for the Government of that Country — with objections to the annexing them to any Province — and Proposing an immediate Proclamation concerning Indian Lands — 


This reply from the Lords of Trade, with its enclosure are not contained in the A. and W. I. series "Canada," vol. I. They are taken from Canadian Archives Q. 1, p. 109.

Inclosure in No 10

Halifax to the Lords of Trade[24]

St James's Septr 19th 1763.

Lords of Trade.

My Lords, — Having laid before the King Your Lordships, Representation of the 5th of August last, transmitted to the late Earl of Egremont in your Letter of the same Date, I am commanded to acquaint Your Lordships that His Majesty, upon Consideration of the Reasons therein set forth, is pleased to lay aside the Idea of including within the Government of Canada, or of any established Colony, the Lands which are to be reserved, for the present, for the Use of the Indians. And His Majesty thinks proper to direct that the Extent of the Commission, which Your Lordships are to prepare for the Honble James Murray, shall be exactly such as is marked out in your first Report of the 8th of June last, and in the Map thereto annexed, under the Denomination of Canada. That such Government be described in the Commission, as comprehending all such Part of Canada on the North Side of the River St Lawrence, and all such Parts of His Majesty's antient Colonies of Nova Scotia, New England, and New York, on the South Side of the said River, as lie within the Limits above mentioned, and that It be called the Province of Quebec.

His Majesty approves Your Lordships' Proposition of issuing immediately a Proclamation, to prohibit for the present, any Grant or Settlement within the Bounds of the Countries intended to be reserved for the Use of the Indians; and to declare the Encouragement, which His Majesty, in his Royal Bounty, is graciously pleased to give to reduced Officers, and Soldiers, who served in North America, during the late War, and are desirous of settling in the Colonies. But His Majesty is of opinion, that several other Objects, of much Importance to his Service, might, with great Propriety, be provided for at the same time: And that the speedy Settlement of the new Colonies might be promoted; the Friendship of the Indians more speedily and effectually reconciliated, and Provision be made for preventing Inconveniences, which might otherwise arise from the Want of Civil Jurisdiction in the interior, and reserved Countries, by extending such Proclamation to the following Purposes, vizt

To make known the Establishment and Limits of the four new Colonies, and the Additions made to the Governments of Newfoundland, Nova Scotia, and Georgia.

To declare the Constitution of the new Governments, as established for the present, & intended in future, and the general Powers which the Governors will have of granting Lands within Them.

To prohibit private Purchases of Lands from Indians.

To declare a free Trade for all His Majesty's Subjects with all the Indians, under Licence, Security, and proper Regulations. — And

To impower all Military Officers and Agents for Indian Affairs, within the reserved Lands, to seize such Criminals, and Fugitives, as may take Refuge in that Country, and to send them to be tried in any of the old Colonies (if That can legally be done) or else to that Government, from which They respectively fled.

It is therefore His Majesty's Pleasure, that Your Lordships do immediately prepare, and transmit to me the Draught of such a Proclamation as may extend to the several Points abovementioned. — But, with respect to One of Them, namely the Encouragements to be offered to reduce Officers, and Soldiers, I am to acquaint Your Lordships, that His Majesty's Intentions are, To grant to such reduced Officers only, as have served in North America during the late War, and to such private Soldiers only, as have been, or shall be, disbanded in America, and are actually residing there, the following Quantities of Land, in any of the Colonies on the Continent, upon the usual Reservation of Quit-Rents, after the Expiration of ten Years, and upon sure Terms of immediate Settlement, & Cultivation; vizt

To every Person having the Rank of a Field Officer5,000Acres
To every Captain3,000 
To every Subaltern or Staff Officer2,000 
To every non-commissioned Officer200 
To every private Man50 

His Majesty is also graciously pleased to offer the like Quantities of Land, upon the same Terms, to such reduced Officers of his Navy, of like Rank, as served on board his Ships of War in North America, at the time of the Reduction of Louisbourg, and Quebec in the late War.

I am farther to acquaint Your Lordships, that, as it is of the greatest Importance, that the General Plan, upon which His Majesty's Subjects are to carry on a free Trade with all the Indians of North America, should be established as soon as possible, His Majesty expects that Your Lordships will avail Yourselves of every Information in Your Power, and lay before Him, with all possible Dispatch, a System of Regulations for that purpose.

As to the Commission proposed in Your Lordships', Report of the 5th of August to be given to the Commander in Chief of His Majesty's Forces, for the government of the interior Country, if upon Experience, & future Information, it shall still appear to Your Lordships to be expedient, & practicable, You will be pleased to prepare, and lay it before His Majesty.

I am &c.,

DUNK HALIFAX.[25]

endorsed: Septr 19th 1763,

Drat

To the Lords of Trade

Letter of Reference concerning the extent of the new Provinces — The Lands to be reserved for the use of the Indians by Proclamation — A free Trade with the Indians under proper Licences & Regulation — The Lands to be granted to Reduced Officers and Soldiers — And a Commission proposed to be given to the Commander in Chief for the Government of the Interior Country.


A. and W. I., vol. 268, p. 217.

George Dunk, Earl of Halifax, succeeded Hon. George Grenville as Secretary of State (Northern Department) Oct. 14th, 1762. On Aug. 21st, 1763, the Earl of Egremont died suddenly from apoplexy and the Earl of Halifax temporarily took over the duties of the department, being formally transferred to the Southern Department about Sept. 9th. He was succeeded in the Northern Department by the Earl of Sandwich.

Lords of Trade to Halifax.[26]

Whitehall October 4th 1763.

My Lord, — In obedience to His Majesty's Commands, signified to us by Your Lordship's Letter of the 19th of last Month, we have prepared, and herewith transmit to your Lordship, the Draught of a Proclamation, conformable to the Directions contained in your Lordship's Letter; And having laid the said Draught before His Majesty's Attorney General, He has reported to us, That, the same is agreeable to Law, and to the usual Form of Proclamations.

We have only to observe to your Lordship, that, in order to save time, we have fixed the Limits of East Florida according to Our Letter to your Lordship of the 28th of last Month, presuming that our Opinion, mentioned therein, will be approved of by His Majesty.

We beg leave further to add, That as it appears to us, upon a Revision of the Report of this Board of the 8th of June last, That, it will be expedient for His Majesty's Service, and give Confidence and Encouragement to such Persons as are inclined to become Settlers in the new Colonies, That an immediate and public Declaration should be made of the intended permanent Constitution and that the power of calling Assemblies should be inserted in the first Commissions, We have therefore drawn the Proclamation agreeable to this Opinion, and have prepared the Commissions accordingly; and we humbly hope Our Conduct herein will meet with His Majesty's approbation, as we conceive, that any temporary Power of making Ordinances and Regulations, which must of necessity be allowed to the Governors and Councils before Assemblies can be called, as well as the mode of exercising that Power, will be better inserted in the Instructions, which we are now preparing. — 

We are

   My Lords

      Your Lordship's

      most obedient and

      most humble Servants

 

            Hillsborough

            Ed Bacon

            John Yorke.

            Orwell

Rt Honble Earl of Halifax

   endorsed: October 4. 1763

      Board of Trade

   R 4th

Inclosing the Proclamation relative to America, and Observing that it will be better to insert, in the Instructions preparing for the Governors of the New Provinces, any temporary Power of making Ordinances & Regulations which may be allowed to the Governors & Councils, than in the first Commissions. 20th An Inclosure.

B. No 5.


A. & W. I., vol. 268, p. 227.

PROCEEDINGS IN THE PRIVY COUNCIL.[27]

At the Court at St James's

the 5th day of October 1763.

Present

The King's Most Excellent Majesty

&c.          &c.

Proclamation relative to the settling the New Governments in America — Approved.

Whereas there was this day read at the Board a Draught of a Proclamation prepared by the Lords Commissioners for Trade and Plantations relative to the erecting within the Countries and Islands ceded and confirmed to His Majesty by the late Definitive Treaty, four distinct and separate Governments by the Names of Quebec, East Florida, West Florida Grenada, and declaratory of the Constitution of the said New Colonys, of the encouragements to be given to reduced Officers and Soldiers and the Regulations to be observed in respect to the Indian Commerce and Country — His Majesty taking the said Draught of a Proclamation into His Royal Consideration, was pleased with the advice of His Privy Council to approve thereof, and to Order, as it is hereby Ordered that the Right Proclamation Memd this Proclamation was signed by His Majty and dated the 7th Inst.

Seals Draughts to be prepared for East and West Florida, Quebec and the Grenadas — 
Honourable the Earl of Halifax, One of His Majestys Principal Secretarys of State do cause the said Draught of a Proclamation (which is hereunto annexed) to be prepared for His Majesty's Royal Signature. — 

Whereas there was this day read at the Board a Representation from the Lords Commissioners for Trade and Plantations, setting forth that His Majesty having been graciously pleased to approve a Plan for the erecting and establishing four Civil Governments in the Islands and Territories in America, ceded to His Majesty by the late Definitive Treaty, and it appearing to be necessary and expedient that a Publick Seal should be prepared for Sealing all publick Instruments in each of those Governments agreeable to the Method practiced and established in all other His Majesty's Colonies in America; The said Lords Commissioners therefore propose that Directions may be given to prepare with all possible Dispatch a Draught of a Seal for each of the said Governments conformable to the following Descriptions Vizt — 

For the Province of Quebec

On the One side His Majestys Effigies, pointing to a Chart of that Part of America through which the River of St Lawrence flows, including the Gulph and with this Legend or Motto underneath, Extensæ gaudent agnoscere Metæ; and this Inscription around the Circumference, Sigillum Provinciæ nostræ Quebecensis in America; and on the Reverse His Majesty's Arms, Crown, Garter, Supporters and Motto with this Inscription round the circumference, Geo. III. Dei Gratia Magnæ Britanniæ, Franciæ et Hiberniæ Rex, Fidei Defensor Brunsvici et Luneburgi Dux, Sacri Romani Imperii, Archi Thesausarius et Elector.

Drafts of Comiçons for the Govrs of Quebec, East Florida, West Florida & and Grenadas.

Upon reading this day at the Board a Representation[28] from the Lords Commissioners for Trade and Plantations dated the 4th of this Instant together with Draughts of Commissions prepared by them for the Honourable James Murray, Esqr to be Governor of Quebec, James Grant Esqr to be Governor of East Florida, George Johnstone Esqr to be Governor of West Florida, and Robert Melvill Esqr to be Governor of Granada, Dominico, a Commee St Vincent and Tobago — It is Ordered by His Majesty in Council that the said Representation and Draughts of Commissions Be, and they are hereby referred to the Right Honourable the Lords of the Committee of Council for Plantation Affairs to consider the same and Report their Opinion thereupon to His Majesty at this Board. — 


Privy Council Register; Geo. III, p. 100,

This Representation is quoted in the Report of the Lords of the Committee upon the Drafts of Commissions for the Governors of Quebec, &c., 6th October, 1763.

REPORT ON COMMISSIONS FOR GOVERNORS.[29]

No 9 A.

AT THE COUNCIL CHAMBER WHITEHALL

the 6th day of October 1763 — 

By the Right Honourable the Lords of the Committee of Council for Plantation Affairs &ca.

Present

Earl of Sandwich     Earl of Hillsborough[30]

Earl of Halifax

Com̃içons Report of the Lords of the Committee Upon Drafs of Commissions for the Govrs of Quebec, East Florida, West Florida and the Granadas — 

Your Majesty having been pleased by Your Order in Council of the 5th of this Instant to referr unto this Committee a Representation from the Lords Commissioners for Trade and Plantations setting forth, "that in Obedience to Your Majesty's Commands signified to them in a Letter from the late Earl of Egremont dated the 14th July, last, they have prepared Draughts of Commissions for the Honourable James Murray Esqr to be Governor of Quebec, James Grant Esqr to be Governor of East Florida, George Johnston Esqr to be Governor of West Florida, and Robert Melvil Esqr to be Governor of Grenada, Dominico and Tobago — That in the Description of the Governments of Quebec, East Florida, and West Florida they have conformed to the Limits and Bounds which your Majesty has been pleased to direct and approve, and as they conceived it to be Your Majesty's Royal Intention, that the Form and Constitution of Government in these new Colonies, should be as near as may be similar to what has been established in those Colonies, which are under Your Majesty's immediate Government, they have therefore prepared these Commissions accordingly, by which the Governors are impower'd and directed so soon as the Circumstances of the Colonies will admit thereof, to summon and call General Assemblys of the Freeholders in their respective Governments in such Manner as is practised in Your Majesty's other Colonies; That they have omitted in these Commissions any Power that it may be necessary to grant to the Governors and Councils of Your Majestys said new Colonies to make Temporary Regulations until Assemblys can be called, because they were of Opinion that an immediate and publick Declaration of the intended permanent Constitution, and an Insertion in the first Commissions of the Power of calling Assemblys so soon as the Circumstances will admit, is expedient for Your Majesty's Service, and will give Confidence and Encouragement to such of Your Majesty's Subjects, as shall incline to settle in your said new Colonies, and because such Power of making temporary Regulations may be given in the General Instructions which they shall prepare and lay before Your Majesty with all possible Dispatch. — That there are in the Commissions to the Governors of Your Majesty's other Colonies some Clauses respecting the Power of suspending and comptrolling the Council, but as they conceive these Matters may be more properly and regularly provided for in the Instructions under those Articles which direct the Nomination of the Council, ascertain their Authority and point out their Duty and Methods of Proceedings, they have therefore omitted these Clauses in the present Draughts in order to insert them in the Instructions — "

The Lords of the Committee in Obedience to Your Majestys said Order of Reference this day took the said Representation and Draughts of Commissions into their Consideration, and are of opinion, that in order to make the said Commissions agreeable to the Instructions to be given to the said Governors the following Addition should be made to each of the said Commissions at the End of that Article whereby the said Governors are empowered to make Grants of Land — Vizt

"Provided the same be made comformable to the Instructions herewith delivered to you, or to such other Instructions as may hereafter be sent to You under Our Signet and Sign Manual, or by Our Order in Our Privy Council. — " And the Lords of the Committee having accordingly caused the said Addition to be made in each of the said Draughts do agree humbly to lay the same so amended before Your Majesty for Your Royal Approbation — 

Your Majesty having been pleased by Your Order in Council of the 5th of this Instant to referr unto this Committee a Representation from the Lords Commissioners for Trade and Plantations setting forth, "that in Obedience to Your Majesty's Commands signified to them by a Letter from the Earl of Halifax, dated the 27th of last Month they have prepared, and humbly lay before Your Majesty, the Draught of a Commission appointing Montagu Wilmot Esqr Governor of Nova Scotia, in which Draught they have so described the Northern and Eastern Limits of this Province, as to make it conformable to what has been already approved in respect to the Southern boundary of the Province of Quebec, and to comprehend the Islands of Cape Breton and St Johns,[31] that they have also made the River St Croix the Boundary to the Westward, for, although it be true that the ancient Limits of this Province, as it was possessed by France under the Treaties of Breda and Ryswick and ceded to Great Britain by the Treaty of Utrecht under the Name of Committee Report upon the Draught a Com̃içon for Montagu Wilmot Esqr to be Govr Acadia, did extend as far West as the River Pentagoet or Penobscot, yet as it appears to have been determined in the Year 1732, upon a full examination of the Claims of the Province of the Massachusets Bay, as well by the Attorney and Sollicitor General, as by this Board, and finally by His Majesty in Council, that the said Province had a right of Jurisdiction and property under the Limitation of the Charter, to the Country between the Rivers Sagadehock and St Croix, and as in consequence of this Examination, the Instructions given to Colonel Dunbar, and to the Governor of Nova Scotia to make Settlements within that Tract were revoked, and it was Ordered that the Province should not be disturbed in the possession they claim to have of this Country it does not appear to them that this question is for the present open to a New Discussion: But as they conceive there are many material circumstances in favour of Your Majesty's Right to the Country as far Westward as the River Penobscot which were not stated in the Case laid before the Attorney and Sollicitor General in 1732, upon which Case their Opinion and the Dicision of the Council were founded, they do not think it adviseable that this Restriction of the Western Bounds of Nova Scotia to the River St Croix should pass without some reservation of Your Majesty's Right to the Country between that River and Penobscot, being entered upon the Council Books; And they rather humbly proposed this to Your Majesty, as it may be a means of hereafter removing any Objection which may be taken on the part of the Province of Massachusets Bay to the Southern Line of Quebec, as far as it concerns their Northern Limits, for if such Objection should be made, and it should appear upon examination they have any just ground of Complaint, it will be in Your Majesty's power to make them a reasonable Compensation, by allowing their Jurisdiction to extend as far Eastward as the River St Croix, between which and the River Penobscot they have lately made some considerable Settlements."

The Lords of the Committee in Obedience to Your Majestys said Order of Reference this day took the said Representation and Draught of a Commission into their Consideration, and being of Opinion that Your Majesty's Right to the Country between the River St Croix, and the River Penobscot (the ancient Limits of the said Province) ought to be reserved in a more publick manner than by an Entry in the Council Books, do therefore propose that the following alteration should be made in the said Draught of a Commission for that purpose. Vizt After the Appointment of Montagu Wilmot to be Captain General and Governor in Chief in and over the Province of Nova Scotia, the description of the Boundarys of the said Province to be left out, and the following words inserted in lieu thereof "Which we have thought proper to restrain and comprize within the following limits — Vizt: to the Northward, Our said Province shall be bounded by the Southern Boundary of Our Province These boundaries are the same as those described in Montagu Wilmot's Comn dated 21. Nov. 1763. of Quebec as far as the Western extremity of the Bay des Chaleurs; To the Eastward by the said Bay and the Gulph of St Lawrence, to the Cape or Promontory called Cape Breton in the Island of that Name including that Island, the Island of St Johns, and all other Islands within Six Leagues of the Coast; To the Southward by the Atlantick Ocean from the said Cape to Cape Sable, including the Island of that Name, and all other Islands within forty Leagues of the Coast, with all the Rights, Members and Appurtenances whatsoever thereunto belonging; And to the Westward altho' Our said Province hath anciently extended, and doth of Right extend as far as the River Pentagouet or Penobscot, it shall be bounded by a Line drawn from Cape Sable across the Entrance of the Bay of Fundy, To the mouth of the River St Croix, by the said River to its source, and by a Line drawn due North from thence to the Southern Boundary of Our Colony of Quebec." And their Lordships are further of Opinion that it will be proper to make the following Addition at the end of the Article empowering the said Governor to make Grants of Lands Vizt "Provided the same be made conformable to the Instructions herewith delivered to you, or to such other Instructions as may hereafter be sent to you under Our Signet and Sign Manual, or by Our Order in Our Privy Council."

The Lords of the Committee have therefore caused the said alteration and Addition to be made in the said Draught of a Commission accordingly, and do agree humbly to lay the same before Your Majesty for Your Royal Approbation — 


Privy Council Register, Geo. III, p. 112.

Wills, Earl of Hillsborough, succeeded the Earl of Shelburne as President of the Board of Trade, Sept. 9th, 1763.

Now Prince Edward Island.

Halifax to Lords Commissioners for Trade and Plantations

B. No 5. — 

St James's Oct. 8, 1763.

Lords Commissrs for Trade & Plantations — 

A. & W. I. Vol. 268 p. 261 1763 Oct. 8.

My Lords, — Having laid before the King your Lordships Letter of the 6th instant with the Drat of a Proclamation therein inclosed, and His Majesty having been pleased to approve the said Draught, & to order it to be printed, & passd under the great Seal, in the usual Form, I send your Lordships herewith a number of printed Copies of the said Proclamation & am to signify to your Lordships His Majesty's Pleasure that you should transmit them to the Governors of His Majesty's several Colonies & Plantations in America & to the Agents for Indian Affairs.

I am, &c.,

     DUNK HALIFAX.

endorsed: October 8. 1763.

          Drat to Board of Trade

     Signifying the King's Pleasure that they should transmitt

          Copies of the Proclamation to the Governors of the

          Colonies & the Agents for Indian Affairs. — 

BY THE KING.[32]

A PROCLAMATION

George R.

Whereas We have taken into Our Royal Consideration the extensive and valuable Acquisitions in America, secured to our Crown by the late Definitive Treaty of Peace, concluded at Paris, the 10th Day of February last; and being desirous that all Our loving Subjects, as well of our Kingdom as of our Colonies in America,[33] may avail themselves with all convenient Speed, of the great Benefits and Advantages which must accrue therefrom to their Commerce, Manufactures, and Navigation, We have thought fit, with the Advice of our Privy Council, to issue this our Royal Proclamation, hereby to publish and declare to all our loving Subjects, that we have, with the Advice of our Said Privy Council, granted our Letters Patent, under our Great seal of Great Britain, to erect, within the Countries and Islands ceded and confirmed to Us by the said Treaty, Four distinct and separate Governments, styled and called by the names of Quebec, East Florida, West Florida and Grenada, and limited and bounded as follows, viz.

First — The Government of Quebec bounded on the Labrador Coast by the River St. John, and from thence by a Line drawn from the Head of that River through the Lake St. John, to the South end of the Lake Nipissim; from whence the said Line, crossing the River St Lawrence, and the Lake Champlain, in 45. Degrees of North Latitude, passes along the High Lands which divide the Rivers that empty themselves into the said River St Lawrence from those which fall into the Sea; and also along the North Coast of the Baye des Chaleurs, and the Coast of the Gulph of St Lawrence to Cape Rosieres, and from thence crossing the Mouth of the River St Lawrence by the West End of the Island of Anticosti, terminates at the aforesaid River of St John.

Secondly — The Government of East Florida, bounded to the Westward by the Gulph of Mexico and the Apalachicola River; to the Northward by a Line drawn from that part of the said River where the Chatahouchee and Flint Rivers meet, to the source of St. Mary's River, and by the course of the said River to the Atlantic Ocean; and to the Eastward and Southward by the Atlantic Ocean and the Gulph of Florida, including all Islands within Six Leagues of the Sea Coast.

Thirdly — The Government of West Florida, bounded to the Southward by the Gulph of Mexico, including all Islands within Six Leagues of the Coast, from the River Apalachicola to Lake Pontchartrain; to the Westward by the said Lake, the Lake Maurepas, and the River Mississippi; to the Northward by a Line drawn due East from that part of the River Mississippi which lies in 31 degrees North Latitude, to the River Apalachicola or Chatahouchee; and to the Eastward by the said River.

Fourthly — The Government of Grenada, comprehending the Island of that name, together with the Grenadines, and the Islands of Dominico, St Vincent's and Tobago.

And to the end that the open and free Fishery of our Subjects may be extended to and carried on upon the Coast of Labrador, and the adjacent Islands, We have thought fit, with the advice of our said Privy Council, to put all that Coast, from the River St John's to Hudson's Streights, together with the Islands of Anticosti and Madelaine, and all other smaller Islands lying upon the said Coast, under the care and Inspection of our Governor of Newfoundland.

We have also, with the advice of our Privy Council, thought fit to annex the Islands of St John's and Cape Breton, or Isle Royale, with the lesser Islands adjacent thereto, to our Government of Nova Scotia.[34]

We have also, with the advice of our Privy Council aforesaid, annexed to our Province of Georgia all the Lands lying between the Rivers Alatamaha and St Mary's.

And whereas it will greatly contribute to the speedy settling our said new Governments, that our loving subjects should be informed of our Paternal care, for the security of the Liberties and Properties of those who are and shall become Inhabitants thereof, We have thought fit to publish and declare, by this Our Proclamation, that We have, in the Letters Patent under our Great Seal of Great Britain, by which the said Governments are constituted, given express Power and Direction to our Governors of our Said Colonies respectively, that so soon as the state and circumstances of the said Colonies will admit thereof, they shall, with the Advice and Consent of the Members of our Council, summon and call General Assemblies[35] within the said Governments respectively, in such Manner and Form as is used and directed in those Colonies and Provinces in America which are under our immediate Government; and We have also given Power to the said Governors, with the consent of our Said Councils, and the Representatives of the People so to be summoned as aforesaid, to make, constitute, and ordain Laws, Statutes, and Ordinances for the Public Peace, Welfare, and good Government of our said Colonies, and of the People and Inhabitants thereof, as near as may be agreeable to the Laws of England, and under such Regulations and Restrictions as are used in other Colonies; and in the mean Time, and until such Assemblies can be called as aforesaid, all Persons Inhabiting in or resorting to our Said Colonies; may confide in our Royal Protection for the Enjoyment of the Benefit of the Laws of our Realm of England; for which Purpose We have given Power under our Great Seal to the Governors of our said Colonies respectively to erect and constitute, with the Advice of our said Councils respectively, Courts of Judicature and public Justice within our Said Colonies for hearing and determining all Causes, as well Criminal as Civil, according to Law and Equity, and as near as may be agreeable to the Laws of England, with Liberty to all Persons who may think themselves aggrieved by the Sentences of such Courts, in all Civil Cases, to appeal, under the usual Limitations and Restrictions, to Us in our Privy Council.

We have also thought fit, with the advice of our Privy Council as aforesaid, to give unto the Governors and Councils of our said Three new Colonies, upon the Continent full Power and Authority to settle and agree with the Inhabitants of our said new Colonies or with any other Persons who shall resort thereto, for such Lands, Tenements and Hereditaments, as are now or hereafter shall be in our Power to dispose of; and them to grant to any such Person or Persons upon such Terms, and under such moderate Quit-Rents, Services and Acknowledgments, as have been appointed and settled in our other Colonies, and under such other Conditions as shall appear to us to be necessary and expedient for the Advantage of the Grantees, and the Improvement and settlement of our said Colonies.

And Whereas, We are desirous, upon all occasions, to testify our Royal Sense and Approbation of the Conduct and bravery of the Officers and Soldiers of our Armies, and to reward the same, We do hereby command and impower our Governors of our said Three new Colonies, and all other our Governors of our several Provinces on the Continent of North America, to grant without Fee or Reward, to such reduced Officers as have served in North America during the late War, and to such Private Soldiers as have been or shall be disbanded in America, and are actually residing there, and shall personally apply for the same, the following Quantities of Lands, subject, at the Expiration of Ten Years, to the same Quit-Rents as other Lands are subject to in the Province within which they are granted, as also subject to the same Conditions of Cultivation and Improvement; viz.

To every Person having the Rank of a Field Officer5,000Acres.
To every Captain3,000Acres.
To every Subaltern or Staff Officer2,000Acres.
To every Non-Commission Officer200Acres.
To every Private Man50Acres.

We do likewise authorize and require the Governors and Commanders in Chief of all our said Colonies upon the Continent of North America to grant the like Quantities of Land, and upon the same conditions, to such reduced Officers of our Navy of like Rank as served on board our Ships of War in North America at the times of the Reduction of Louisbourg and Quebec in the late War, and who shall personally apply to our respective Governors for such Grants.[36]

And whereas it is just and reasonable, and essential to our Interest, and the Security of our Colonies, that the several Nations or Tribes of Indians with whom We are connected, and who live under our Protection, should not be molested or disturbed in the Possession of such Parts of our Dominions and Territories as, not having been ceded to or purchased by Us, are reserved to them, or any of them, as their Hunting Grounds. — We do therefore, with the Advice of our Privy Council, declare it to be our Royal Will and Pleasure, that no Governor or Commander in Chief in any of our Colonies of Quebec, East Florida, or West Florida, do presume, upon any Pretence whatever, to grant Warrants of Survey, or pass any Patents for Lands beyond the Bounds of their respective Governments, as described in their Commissions; as also that no Governor or Commander in Chief in any of our other Colonies or Plantations in America do presume for the present, and until our further Pleasure be known, to grant Warrants of Survey, or pass Patents for any Lands beyond the Heads or Sources of any of the Rivers which fall into the Atlantic Ocean from the West and North West, or upon any Lands whatever, which, not having been ceded to or purchased by Us as aforesaid, are reserved to the said Indians, or any of them.

And, We do further declare it to be Our Royal Will and Pleasure, for the present as aforesaid, to reserve under our Sovereignty, Protection, and Dominion, for the use of the said Indians, all the Lands and Territories not included within the Limits of Our said Three new Governments, or within the Limits of the Territory granted to the Hudson's Bay Company, as also all the Lands and Territories lying to the Westward of the Sources of the Rivers which fall into the Sea from the West and North West as aforesaid;

And We do hereby strictly forbid, on Pain of our Displeasure, all our loving Subjects from making any Purchases or Settlements whatever, or taking Possession of any of the Lands above reserved, without our especial leave and Licence for that Purpose first obtained.

And, We do further strictly enjoin and require all Persons whatever who have either wilfully or inadvertently seated themselves upon any Lands within the Countries above described, or upon any other Lands which, not having been ceded to or purchased by Us, are still reserved to the said Indians as aforesaid, forthwith to remove themselves from such Settlements.

And whereas great Frauds and Abuses have been committed in purchasing Lands of the Indians, to the great Prejudice of our Interests, and to the great Dissatisfaction of the said Indians; In order, therefore, to prevent such Irregularities for the future, and to the end that the Indians may be convinced of our Justice and determined Resolution to remove all reasonable Cause of Discontent, We do, with the Advice of our Privy Council strictly enjoin and require, that no private Person do presume to make any Purchase from the said Indians of any Lands reserved to the said Indians, within those parts of our Colonies where, We have thought proper to allow Settlement; but that, if at any Time any of the said Indians should be inclined to dispose of the said Lands, the same shall be Purchased only for Us, in our Name, at some public Meeting or Assembly of the said Indians, to be held for that Purpose by the Governor or Commander in Chief of our Colony respectively within which they shall lie; and in case they shall lie within the limits of any Proprietary Government, they shall be purchased only for the Use and in the name of such Proprietaries, conformable to such Directions and Instructions as We or they shall think proper to give for that Purpose; And we do, by the Advice of our Privy Council, declare and enjoin, that the Trade with the said Indians shall be free and open to all our Subjects whatever, provided that every Person who may incline to Trade with the said Indians do take out a Licence for carrying on such Trade from the Governor or Commander in Chief of any of Our Colonies respectively where such Person shall reside, and also give Security to observe such Regulations as We shall at any Time think fit, by ourselves or by our Commissaries to be appointed for this Purpose, to direct and appoint for the Benefit of the said Trade:

And we do hereby authorize, enjoin, and require the Governors and Commanders in Chief of all our Colonies respectively, as well those under Our immediate Government as those under the Government and Direction of Proprietaries, to grant such Licences without Fee or Reward, taking especial Care to insert therein a Condition, that such Licence shall be void, and the Security forfeited in case the Person to whom the same is granted shall refuse or neglect to observe such Regulations as We shall think proper to prescribe as aforesaid.

And we do further expressly enjoin and require all Officers whatever, as well Military as those Employed in the Management and Direction of Indian Affairs, within the Territories reserved as aforesaid for the use of the said Indians, to seize and apprehend all Persons whatever, who standing charged with Treason, Misprisions of Treason, Murders, or other Felonies or Misdemeanors, shall fly from Justice and take Refuge in the said Territory, and to send them under a proper guard to the Colony where the Crime was committed of which they stand accused, in order to take their Trial for the same.[37]

Given at our Court at St. James's the 7th Day of October 1763, in the Third Year of our Reign.

GOD SAVE THE KING


Taken from the text as contained in the "Papers Relative to the Province of Quebec," 1791, in the Public Record Office. Copied in the Canadian Archives Q 62 A, pt. I., p. 114.

The attitude of the Home Government at this time, on the subject of immigration, the kind of immigrants to be favoured, and even the need of an outlet for surplus population on the part of some of the older colonies in America, may be gathered from a report of the Lords of Trade, Nov. 5, 1761, upon the proposal to transport a number of Germans to the American Colonies after the peace. They point out that as "regards colonies possessed before the war, the increase of population is such, 'as scarce to leave room in some of them for any more inhabitants.' The encouragement and advantages of the less populated southern colonies are such as to induce sufficient migration without burdening the public. Our own reduced sailors and soldiers would be more proper objects of national bounty, and better colonists, than foreigners, whose ignorance of the English language, laws, and constitution cannot fail to increase those disorders and that confusion in our Government, which the too great migration of people from Germany has already fatally introduced in some of our most valuable possessions," Calendar of Home Office Papers of the Reign of George III. 1760-1765. No. 349.

Nova Scotia would thus include the three present maritime provinces of Nova Scotia, New Brunswick, and Prince Edward Island.

With reference to the reasons given and provisions made for calling Assemblies in the new Provinces, see Report of the Lord of Trade, Oct. 4th, 1763, p. 156, also report of the Lords of the Committee of Council for Plantation Affairs, Oct. 6th, 1763, p. 159. See also the Commission to Hon. James Murray to be Governor of Quebec, p. 175, and the Instructions to Governor Murray, sec. 11, p. 185.

On Oct. 13th, 1763, the Earl of Halifax wrote to the Attorney General, inquiring "as to the means which should be used to nullify the doubtfulness of a paragraph in H. M's proclamation, which makes it appear that only those officers which served both at Louisbourg and Quebec are entitled to grants of land, such not being His Majesty's intention." Calendar of Home Office Papers, 1760-1765, No. 1036.

The Earl of Halifax, in a letter to the Secretary at War, March 11, 1765, directing him to prepare and bring into Parliament a bill to extend the Mutiny Act to North America, points out that there are many posts in that country which are not under any civil jurisdiction, and that therefore the additions to be made to the 60th clause of the Mutiny Act are very necessary. This is especially so since, in the Proclamation of Oct. 7th, 1763, while provision is made for apprehending and bringing to justice such criminals as might take refuge at these posts, yet no mode is established for the punishment of crimes committed at those posts, or in the reserved territories. See Calendar of Home Office Papers 1760-1765, No. 1671.

EGREMONT TO GOVERNOR MURRAY.[38]

Whitehall, Augt 13th 1763.

Govr Murray.

Sir, I take great Satisfaction in acquainting you, that His Majesty has been graciously pleased to confer on you the Government of Canada, over which Country you have already presided so long with such Applause, that The King is persuaded this appointment will be received by His new subjects as a singular mark of His Majesty's Royal attention to their Welfare & Happiness.

The necessary Commission & Instructions for you, on this occasion, which are preparing by the Board of Trade with all Dispatch, will be forwarded to you as soon as possible, and as they will contain very full Directions, not only with regard to the Form of Government to be established in Canada, but to your Conduct in every particular; I have no new Orders to transmit to you at present; But His Majesty thinks it very material, that you should be apprized, that He has received Intelligence, which give some reason to suspect, that the French maybe disposed to avail Themselves of the Liberty of the Catholick Religion granted to the Inhabitants of Canada, in order to keep up their Connection with France, and, by means of the Priests, to preserve such an Influence over the Canadians, as may induce them to join, whenever Opportunity should offer, in any attempts to recover that Country; It therefore becomes of the utmost Consequence to watch the Priests very narrowly, and to remove, as soon as possible, any of them, who shall attempt to go out of their sphere, and who shall busy themselves in any civil matters: For tho' The King has, in the 4th Article of the Definitive Treaty, agreed to grant the Liberty of the Catholick Religion to the Inhabitants of Canada; and tho' His Majesty is far from entertaining the most distant thought of restraining His new Roman Catholick Subjects from professing the Worship of their Religion according to the Rites of the Romish Church: Yet the Condition, expressed in the same Article, must always be remembered, vizt: As far as the Laws of Great Britain permit, which Laws prohibit absolutely all Popish Hierarchy in any of the Dominions belonging to the Crown of Great Britain, and can only admit of a Toleration of the Exercise of that Religion; This matter was clearly understood in the Negotiation of the Definitive Treaty; The French Ministers proposed to insert the Words, comme ci-devant, in order that the Romish Religion should continue to be exercised in the same manner as under their Government; and they did not give up the Point, 'till they were plainly told that it would be deceiving them to admit those Words, for The King had not the Power to tolerate that Religion in any other Manner, than as far as the Laws of Great Britain permit: These Laws must be your guide in any Disputes that may arise on this Subject; But, at the same Time, that I point out to you the necessity of adhering to Them, and of attending with the utmost Vigilance to the Behaviour of the Priests, The King relies on your acting with all proper Caution & Prudence in regard to a matter of so delicate a Nature as this of Religion; And that you will, as far as you can, consistently with your Duty in the Execution of the Laws, & with the Safety of the Country, avoid every Thing that can give the least unnecessary Alarm, or Disgust, to His Majesty's new Subjects.

*        *        *        *        *

I am &c

          EGREMONT.

Endorsed: Drat to Governor Murray

Augt 13th 1763.


This is a portion of a letter from the Secretary of State, the Earl of Egremont, to Governor Murray. The remainder of the letter refers to the priest Le Loutre who had formerly occasioned much trouble in Acadia, and also to claims for lands granted to the late French Governor, Vaudreuil, in western Canada. Copy, from Public Record Office, in Canadian Archives, Q. 1, p. 117.

PASSING GOVERNORS' COMMISSIONS.[39]

At the Court at St. James's

the 7th day of October 1763

Present

The King's most Excellent Majesty — 

&c   &c — 

Commissions For the Govrs of Quebec, East Florida, West Florida, and the Grenadoes — Appd.

Upon reading this day at the Board a Report from the Right Honourable the Lords of the Committee of Council for Plantation Affairs dated the 6th of this Instant humbly offering to His Majesty for His Royal Approbation four Draughts of Commissions prepared by the Lords Commissrs for Trade and Plantations for the Honourable James Murray Esqr to be Governor of Quebec, James Grant Esqr to be Governor of East Florida, George Johnstone Esqr to be Governor of West Florida, and Robert Melvill Esqr to be Governor of Grenada, Dominico, St Vincent and Tobago — His Majesty taking the same into Consideration is pleased with the Advice of His Privy Council to approve of the said Draughts of Commissions (which are hereunto annexed) and to order as it is hereby Ordered that the Right Honourable the Earl of Halifax one of His Majestys Principal Secretarys of State do cause Warrants to be prepared for His Majestys Royal Signature in order to pass the said Commissions under the Great Seal of Great Britain. — 

Nova Scotia Commission for Montagu Wilmot to be Govr Appd

Upon reading this day at the Board a Report from the Right Honourable the Lords of the Committee of Council for Plantation Affairs, dated the 6th of this Instant humbly offering to His Majesty for His Royal Approbation a Draught of a Commission prepared by the Lords Commissrs for Trade and Plantations for Montagu Wilmot Esqr to be Captain General and Governor in Chief of His Majestys Province of Nova Scotia in America — His Majesty taking &ca ut Antea. — 


Copied from Privy Council Register. Geo. III., p. 117.

ADDITIONAL CLAUSES IN NEW COMMISSIONS.[40]

4th November 1763

Present

The Kings Most Excellent Majesty &c. &c — 

Georgia Order approving an Instrument for extending the Southern Boundary Line — 

Comn to Wright revoking that dated 4. May 1761 is dated 24 January 1764

Whereas there was this day read at the Board a Report of His Majestys Attorney General dated the 29th of last Month together with a Draught of an Instrument prepare'd by him revoking such part and so much of the Commission appointing James Wright Esqr to be Governor of the Province of Georgia bearing date the 4th day of May 1761, which doth any way relate to or concern the Limits and Bounds of the said Province, and appointing new[41] Bounds and Limits to the said Province whereby the Southern Boundary Line is extended to the most Southern Stream of a certain River called St Mary — 

In the Comn of 20 Jany 1764 quoting that revoked the River Alatamaha is mentioned as the Southern boundary.

His Majesty taking the same into Consideration, is pleased with the Advice of His Privy Council to approve of the said Draught of an Instrument (which is hereunto annexed) and to Order, as it is hereby Ordered, that the Right Honourable the Earl of Halifax One of His Majestys Principal Secretarys of State do cause a Warrant to be prepared for His Majesty's Royal Signature in order to pass the said Instrument under the Great Seal of Great Britain. — 

4th Nov. 1763 New Commicons Lettr from the Atty Genl, for making an Addition to the Clause relative to Granting Lands. Refd to a Commee

Upon reading this day at the Board a Letter from Mr Attorney General to the Right Honourable the Earl of Halifax, one of His Majestys Principal Secretaries of State, praying that an Addition should be made to the Clause in the Commissions for the Governors of Quebec, Grenada, East Florida, and West Florida relative to the granting Lands — It is Ordered by His Majesty in Council that the said Letter and addition (which are hereunto annexed) Be, and they are hereby Referred to the Right Honourable the Lords of the Committee of Council for Plantation Affairs to consider the same and Report their Opinion thereupon to His Majesty at this Board

At the Council Chamber Whitehall the 11th day of November 1763 — 

By the Right Honourable the Lords of the Committee of Council for Plantation Affairs — 

Commissions Committee Report for making an Addition to the clause in the Commicons for the Govrs of Nova Scotia, Quebec, East Florida, West Florida and the Grenada's relative to the Granting Lands — 

Your Majesty having been pleased by Your Order in Council of the 4th Instant to referr unto this Committee a Letter from Mr Attorney General to the Right Honourable the Earl of Halifax one of Your Majestys Principal Secretarys of State proposing that the following Addition may be made to the Clause in the Commissions (approved by Your Majesty in Council on the 7th of last Month) for the Governors of Quebec, Grenada, East Florida, West Florida, and Nova Scotia relative to the Granting Lands — Vizt

"Which Instructions, or any Articles contained therein, or any such Order made in Our Privy Council, so far as the same shall relate to the Granting of Lands, as aforesaid, shall from time to time, be published in the Province, and entered of "Record, in like manner as the said Grants themselves are hereby directed to be Entered." — 

The Lords of the Committee in Obedience to Your Majestys said Order of Reference this day took the said Letter and addition into their Consideration, and being of Opinion that the same is proper and necessary, do therefore agree humbly to Report, that it may be adviseable for Your Majesty to cause the said Addition to be inserted in all the aforementioned Commissions accordingly.

11th Nov. 1763 — 

Instrucons Committee Report upon Draughts of Instrucons for the Govrs of Quebec, East Florida, West Florida and the Grenada's.

The Lords of the Committee, in Obedience to Your Majestys said Order of Reference, this day took the said Representation and Draughts of Instructions in their Consideration, and finding that the said Draughts of General Instructions contain all those Articles usually given to the Governors of Your Majesty's American Colonies and Islands respectively, which are necessary for, and applicable to these New Governments, together with such others as appear to tend to promote the Settlement and Improvement of them, And that the Draughts of Instructions for the observance of the Acts of Parliament for the encouragement and Regulation of Trade and Navigation are exactly conformable to the Instructions given to the Governors of Your Majestys other American Colonies and Plantations. — Their Lordships do therefore agree humbly to lay the said Draughts of Instructions before Your Majesty for Your Royal Approbation.

AT THE COURT AT ST. JAMES'S

the 14th day of Novemr 1763

Present

The King's most Excellent Majesty &c. &c.

Commissions Order for making an Addition to the Clause in the new Govrs Commicons relative to the Granting Lands Appd

Upon reading at the Board a Report from the Right Honourable the Lords of the Committee of Council for Plantation Affairs dated the 11th of this Instant upon considering a Letter from Mr Attorney General to the Right Honourable the Earl of Halifax One of His Majesty's Principal Secretaries of State proposing that the following Addition may be made to the Clause in the Commissions (approved by His Majesty in Council on the 7th of last Month) for the Governors of Quebec, Grenada, East Florida, West Florida and Nova Scotia relative to the granting Lands — Vizt

"Which Instructions, or any Articles &c — "

And the Lords of the Committee being of opinion that the said Addition is proper and necessary to be made in the said Commissions, His Majesty this day took the same into Consideration, and was pleased with the Advice of His Privy Council to approve thereof and to order as it is hereby Ordered, that the Right Honourable the Earl of Halifax one of His Majesty's Principal Secretarys of State, do cause the said Addition to be inserted in all the aforementioned Commissions accordingly — 


Copied from Privy Council Register. Geo. III., p. 139.

The boundaries here described agree with those given in Wright's Commission of 24 Jan. 1764.

COMMISSION OF CAPTAIN-GENERAL & GOVERNOR IN CHIEF OF THE PROVINCE OF QUEBEC.[42]

George the Third by the grace of God of Great Britain France and Ireland King Defender of the Faith and so forth; To our Trusty and well beloved James Murray Esquire, Greeting.

Commission to be Captain-General and Governor in chief of the Province

We, reposing especial trust and Confidence in the prudence, Courage and loyalty of you the said James Murray, of our especial grace, Certain Knowledge and meer motion, have thought fit to Constitute and appoint, and by these presents, do Constitute and appoint you, the said James Murray to be our Captain General and Governor in Chief in and over our Province of Quebec in America.

Boundaries of the Province

Bounded on the Labrador Coast by the River Saint John, from thence by a line drawn from the head of that River through the lake Saint John to the south end of Lake Nepissin, from whence the said line Crossing the River Saint Lawrence and The Governor is to act according to the powers and directions of this Commission & according to the Kings Instructions the lake Champlain in Forty five Degrees of Northern Latitude, passes along the high lands which Divide the Rivers that empty themselves into the said River Saint Lawrence from those which fall into the sea, and also along the north Coast of the Bay des Chaleurs and the Coast of the Gulfts of Saint Laurence to Cape Rosieres, and from thence, Crossing the mouth of the River Saint Lawrence by the west end of the Island of Anticosty terminates at the aforesaid River Saint John.

Together with all the Rights members, and appurtenances whatsoever thereunto belonging.

And we, do hereby require and Command you to do and execute all things in due manner that shall belong to your said Command and the Trust we have reposed in you, according to the several powers and Directions granted or appointed You by this present Commission and the instructions and authorities herewith given unto you, Or by such other powers instructions or authorities as shall at any time hereafter be granted or appointed under our Signet and Sign Manual, or by our Order in our Privy Council, and according to such reasonable laws and statutes as shall hereafter be made and agreed upon by you with the advice and Consent of the Council and Assembly of our said Province under your Government, in such manner and form as is herein after expressed.

Oaths to be taken by the Governor

And our will and pleasure is that You the said James Murray do after the publication of these our Letters patent, and after the appointment of our Council for our said province in such manner and form as prescribed in the instructions which you will herewith receive, in the first place take the oaths appointed to be taken by an act passed in the first Year of the Reign of King George Those appointed by 1. Geo. I. the First Intitled (an act for the further security of His Majesty's Person and Government, and the succession of the Crown, in the Heirs of the late Princess Sophia, being protestants, and for extinguishing the hopes of the pretended Prince of Wales, and his open and secret abettors) as also that you make and subscribe the Declaration mentioned in an act of Parliament made in the Declaration against popery Stat 25 Car: 2d twenty-fifth Year of the Reign of King Charles the Second Intitled (an act for preventing Damages which may happen from Popish recusants) and likewise that you take the oath usually taken by our Governors in other Colonies for the due execution of the Office & Trust of our Captain General and Governor in Chief in and over our said province, and for the due & impartial administration of justice; and further that you Oath of Office take the oath required to be taken by Governors of the Plantations to do their utmost that the several laws relating to Trade Oath to observe the laws relating to Trade and Plantations. and Plantations be duly observed: which said oaths and Declarations our Council of our said Province, or any three of the members thereof, have hereby full power and authority, and are hereby required to tender and administer to You. — 

Oaths to be taken by the Counsellors & Lieutt Governors of Montreal & Trois Rivieres

All which being duly performed you shall yourself administer to each of the members of our said Council, and to the Lieutenant Governors of Montreal & Trois Riviéres the said Oaths, mentioned in the said Act Intitled (an act for the further Security of His Majesty's person & Government and the succession of the Crown in the Heirs of the late Princess Sophia, being protestants, and for extinguishing the hopes of the pretended Prince of Wales, and his open and secret abettors) and also Cause them to make and subscribe the aforementioned Declaration, and also shall administer unto them the usual Oaths, for the due execution of their places and trust.

Power to administer or to authorize others to administer to any person in the Province the Oaths appointed by Stat 1. Geo. I.

And We do further give and grant unto you the said James Murray full power and authority from time to time, and at any time hereafter by Yourself, or by any other to be authorized by you in this behalf, to administer and give the Oaths mentioned in the said act (for the further security of His Majesty's Person and Government and the Succession of the Crown in the Heirs of the late Princess Sophia being Protestants, and for extinguishing the hopes of the pretended Prince of Wales and his open and secret abettors) to all and every such person and persons as you shall think fit, who shall at any time or times pass into our said Province or shall be resident or abiding there.

Power to keep & use the publick seal

And we do hereby authorize and Impower you to keep and use the Publick seal, which will herewith be delivered to you, or shall be hereafter sent to you, for sealing all things whatsoever that shall pass the Great seal of our said Province.

Power to call an assembly of the Freeholders

And we, do hereby give and grant unto you the said James Murray full power and authority with the advice and Consent of our Council to be appointed as aforesaid, so soon as the Situation and circumstances of our said Province under your Government will admit thereof, and when & as often as need shall require, to summon and call General Assemblies of the Freeholders and Planters, within your Government, in such manner as you in your Direction shall judge most proper, or according to such further powers, Instructions, and authorities as shall be at any time hereafter granted or appointed you under our Signet and Sign Manual, or by our Order in Our Privy Council.

The Members of such assembly shall take the Oaths appointed by Stat: 1 Geo: I;

And our will and pleasure is, That the persons thereupon duly Elected by the Major Part of the Freeholders of the respective parishes, or precincts, and so returned, shall before their sitting take the oath mentioned in the said act intitled (an act for the Further security of his Majesty's person & Government and the succession of the Crown in the Heirs of the late princess Sophia being protestants, and for extinguishing the hopes of the pretended and the declaration against popery Prince of Wales and his open and secret abettors) as also make and subscribe the forementioned declaration: Which oaths & declaration you shall Commissionate fit persons under the publick seal of that our province, to tender and administer unto them and untill the same shall be so taken and subscribed, no person shall be Capable of sitting though Elected.

power to make Laws

And we do hereby declare that the persons so Elected & Qualified shall be called the Assembly of that our province of Quebec; and that you the said James Murray, by & with the advice and Consent of our said Council and Assembly, or the major part of them, shall have full power & authority, to make, Constitute or Ordain, Laws Statutes & ordinances for the publick peace, Welfare, & good Government of our said province, and of the people and Inhabitants thereof, and such others as shall resort thereunto and for the benefit of us our heirs & successors: not repugnant to the Laws of Great Britain which said Laws Statutes and Ordinances are not to be repugnant, but as near as may be agreeable, to the laws & Statutes of this our Kingdom of Great Britain.

The Laws so made to be transmitted to England within three months

Provided that all such Laws Statutes and Ordinances of what nature or Duration soever they shall be within three months or sooner after the making thereof, Transmitted to us, under our seal of our said province for our approbation or disallowance of the same, as also duplicates thereof by the next Conveyance. — 

And in Case any, or all of the said Laws Statutes and Ordinances not before Confirmed by us, shall at any time be disallowed and not approved, and so signified by us, our Heirs, and Successors, If disallowed by the King they shall thenceforth become void under our, or their Signet and sign Manual, or by order of our, or their privy Council, unto you the said James Murray or to the Commander in Chief of our said Province for the time being; Then such and so many of the said Laws, Statutes, and Ordinances, as shall be so disallowed, and not approved, shall from thence forth cease determine and become utterly void and of no effect, anything to the contrary thereof notwithstanding

The Governor shall have a negative voice against both Council and Assembly

And to the end that nothing may be passed or done by our said Council or Assembly, to the prejudice of us, our Heirs and Successors, We will and ordain that you the said James Murray, shall have, and enjoy a Negative Voice in the making and passing all laws, Statutes and ordinances as aforesaid; and that you shall and may likewise from time to time, as you shall judge necessary, adjourn, prorogue or dissolve all General assemblies as aforesaid

power with the Consent of the council to Erect Courts of Judicature

And We, do by these presents give and grant unto you, the said James Murray, full power and authority, with the advice & Consent of our said Council, to Erect, Constitute and Establish, such and so many Courts of Judicature and publick Justice within our said province under your Government as you & they shall think fit and necessary, for the hearing & determining of all causes as well Criminal as Civil according to Law and Equity and for awarding execution thereupon, with all reasonable & necessary powers, authorities, Fees, and priviledges belonging thereunto: power to Commissionate fit persons to administer the Oaths appointed by Stat: 1. Geo: I. & the declaration agt popery to persons belonging to such Courts as also to appoint and commissionate fit persons in the several parts of your Government to administer the oaths mentioned in the aforesaid act Intitled (an act for the further security of His Majesty's person & Government, and the succession of the Crown in the Heirs of the late Princess Sophia being protestants and for extinguishing the hopes of the pretended Prince of Wales, and his open and secret abettors) as also to Tender & administer the aforesaid declaration to such persons belonging to the said Courts as shall be obliged to take the same.

Power to appoint Judges, Commissrs of Oyer & Terminer, Justices of the peace, Sheriffs & other officers of Justice — 

And We do hereby grant unto you full power and authority to constitute and appoint judges, and in Cases requisite Commissioners of Oyer & Terminer, Justices of the peace, Sherriffs and other necessary Officers and ministers in our said Province for the better administration of Justice, and putting the Laws in Execution; and to administer or cause to be administered unto them such oath or Oaths as are usually given for the due Execution and performance of Offices & places and for clearing the truth in Judicial Causes.

And We do hereby give and grant unto you full power and authority, when you shall see cause, or shall Judge any Offender or Offenders in Criminal matters, or for any Fines or Forfeitures power to pardon Crime due unto us, fit Objects of our Mercy, to pardon all such offenders and remit all such offences, Fines and Forfeitures; Treason and Willful murder only excepted; In which cases you shall likewise have power upon Exterordinary Occasions to Grant Reprives to the offenders untill and to the intent our Royal pleasure may be Known therein.

And We do by these presents Give and Grant unto you full power and authority to Collate any person or persons to any power of Collating to Ecclesiastical Benefices Churches, Chappels, or other Ecclesiastical Benefices within our said province, as often as any of them shall happen to be void.

And We do hereby give and grant unto you, the said James Murray, by yourself, or by your Captains and Commanders by you to be authorized, full power & Authority to Levy, Arm, power to levy Troops and Employ them against Enemies pirates & Rebels. Muster Command, and Employ all persons whatsoever, residing within our said province, and as occasion shall serve them to march, Embark, or Transport, from one place to another for the resisting and withstanding of all enemies, pirates, & Rebels both at land and sea: and to Transport such Forces to any of our Plantations in America, if necessity shall require for Defence of the same against the invasion or attempts of any of our Enemies; and such Enemies, pirates & Rebels, if there should be occasion, to pursue and prosecute in or out of the limits of our said province; and if it shall so please God, them to vanquish, And to execute Martial Law in time of War apprehend and take; and being taken, according to law to put to death, or Keep and preserve alive, at your discretion: and to execute Martial Law in time of Invasion, War, or other times, when by Law it may be executed and to do and execute all and every other thing and things which to our Captain General & Governor in Chief doth, or of right ought to belong.

power with the Consent of the Council, to build Forts & Castles

And to Fortify & Furnish them with Arms &c., and to Demolish or Dismantle them. — 

And We do hereby give and grant unto you full power and authority, by and with the advice and Consent of our said Council, to Erect, Raise, and build in our said province, such and so many Forts, Platforms, Castles, Cities, Borroughs, Towns, and Fortifications, as you, by the advice aforesaid, shall judge necessary: and the same or any of them, to Fortify and Furnish with Ordnance, ammunition, and all sorts of arms, fit and necessary for the security & defence of our said province: And by the advice aforesaid, the same again or any of them, to Demolish or Dismantle as may be most Convenient, — 

power in time of War, to appoint Captains and other Officers of ships, and to grant them Commissions to execute the Law Martial according to the Stat: 22 Geo.: 2.

And for as much as divers Mutinies & Disorders may happen by persons Shipped and Employed at sea during the time of War: And to the end, that such as shall be shipped and Employed at sea during the time of War may be better governed and ordered: We hereby give and grant unto you the said James Murray, full power and authority to Constitute and appoint Captains, Lieutenants, Masters of Ships, and other Commanders & officers, Commissions to execute the Law Martial during the time of War, according to the Directions of an act passed in the Twenty Second year of our late Royal Grand Father, intitled (an act for amending Explaining and Reducing into an act of Parliament, the Laws relating to the Government of His Majesty's Ships, Vessels, and Forces by Sea) and to use such proceedings, authorities, punishments, Corrections and Executions upon every Offender or Offenders, who shall be mutinous, Seditious, Disorderly, or any way unruly either at Sea or during the time of their abode or residence in any of the ports, Harbours, or Bays in our said Province, as the Case shall be found to require, according to Martial Law and the said Directions during the time of War as aforesaid. — 

This shall not affect any seamen or other persons on board ships Commissioned by the Admiralty, when they Commit offences either on the High Sea, or in any River, Creek or Haven.

Provided that nothing herein Contained shall be Construed to the enabling you, or any by your authority, to hold plea, or have any Jurisdiction, of any offence, Cause, matter or thing, Committed or done, upon the High sea, or within any of the havens, Rivers, or Creeks of our said province, under Your Government, by any Captain, Commander, Lieutenant, Master, Officer, Seaman, Soldier, or person Whatsoever, who shall be in actual service and pay, in or on board any of our ships of War, or other vessels, acting by immediate Commission or Warrant from our Commissioners for executing the office of High Admiral of Great Britain, or from our high Admiral of Great Britain for the time being; under the seal of our Admiralty. But that such Captain, Commander, Lieutenant, Master, Officer, Seaman, or Soldier, or other person, so offending shall be left to be But these persons shall be tried either by Commissions under the Great seal of Great Britain, according to the Stat. 28 Hen 8; or by Commission from the admiralty according to the Stat 22 Geo. 2. proceeded against and Tried, as their offences shall require, either by Commission under our Great seal of this Kingdom, as the Statute of the Twenty eight of Henry the Eight directs, or by Commission from our said Commissioners for Executing the Office of High Admiral of Great Britain, or from our High Admiral of Great Britain for the time being according to the aforementioned Act Intitled (an act for amending, explaining and reducing into one act of parliament, the Laws relating to the Government of His Majesty's Ships, Vessels, and Forces by Sea) and not otherwise. — 

But for offences Committed on Shore, these persons shall be tried & punished according to laws of the place where the offence shall be committed.

Provided Nevertheless that all disorders and misdemeanors Committed on shore by any Captain, Commander, Lieutenant, Master, Officer, Seaman, Soldier, or other persons whatsoever belonging to any of our Ships of War, or other Vessels acting by immediate Commission or Warrant from our Commissioners for executing the Office of High Admiral of Great Britain, or from our High admiral of Great Britain for the time being; under the seal of our admiralty, may be Tried and punished, according to the laws of the place where any such disorders, offences, and misdemeanors shall be Committed on shore, notwithstanding such offender be in our actual service, and Born in our pay on board any such our ships of war, or other vessels acting by immediate Commission or Warrant from our Commissioners for Executing the Office of High Admiral of Great Britain, or from our Admiral of Great Britain for the time being as aforesaid; so as he shall not receive any protection for the avoiding of Justice for such offence Committed on shore from any pretence of his being employed in our service at sea.

power with the Consent of the Council to dispose of publick money for the support of the Government.

And our Further will & pleasure is that all publick monies raised, or which shall be raised, by any act hereafter to be made within our said province, be issued out by Warrants from you, by and with the advice & Consent of our Council as aforesaid for the support of the Government & not otherwise. — 

And We likewise give and grant unto you full power and power with the Consent of the Council to grant ands. authority, by and with the advice & Consent of our said Council to settle and agree with the inhabitants of our said province for such lands, Tenements and Hereditaments as now are or hereafter shall be in our power to dispose of, and them to grant to any person or persons upon such terms, and under such moderate Quit Rents, services, and acknowledgements to be thereupon reserved unto us, as you with the advice aforesaid shall think fit: which said grants are to pass and be sealed by our The grants to be under the Publick seal, and to be registered. publick seal of our said province; and being entered upon Record by such officer or Officers as shall be appointed thereunto, shall be good and effectual in the Law against us, our Heirs and Successors. — 

These grants must be made conformably to the Kings Instructions.

Provided the same be conformable to the Instructions herewith delivered to you, or to such other instructions as may hereafter be sent to you under our Signet & Sign Manual or by our order in our Privy Council, Which instructions, or any articles Contained therein, or any such order made in our Privy And these Instructions relating to the granting of Lands shall be published. Council, so far as the same shall relate to the Granting of Lands as aforesaid, shall from time to time be published in the province and Entered of record, in like manner as the Said Grants themselves are hereby Directed to be entered.

power with the Consent of the Council, to appoint fairs & markets, harbours & wharfs.

And We do hereby give you the said James Murray full power & authority to order Fairs, Marts, & Markets, and also such and so many Ports, Harbours, Bays, Havens, and other places for the conveniency and Security of shipping, and for the better loading & unloading of goods & Merchandizes, in such and so many places as, by and with the advice and Consent of our said Council, shall be thought fit and necessary. — 

All officers Civil & military, and all other inhabitants of the province, are to be aiding and assisting to the Governor In the execution of his Commission & in case of the death or absence of the Governor, to the Commander in Chief for the time being.

Who shall be Commander In Chief of the Province in case of the death or absence of the Governor.

And We do hereby require & Command all Officers and Ministers Civil & Military, and all other inhabitants of our said Province, to be obedient, aiding, and assisting unto you, the said James Murray in the Execution of this our Commission, and of the powers & Authorities therein Contained, and in Case of your Death or Absence from our said province & Government, to be obedient, aiding and assisting as aforesaid to the Commander in Chief for the time being, to whom we do therefore by these presents, give and grant all and singular the powers and Authorities herein Granted, to be by him Executed & Enjoyed during our pleasure or untill your Arrival within our said province,

And in Case of your Death or absence from our said province, our will and pleasure is, that our Lieutenant Governor of Montreal or Trois Rivières, According to the priority of their Commissions of Lieutenant Governors, do Execute our said Commission with all the powers and authorities therein mentioned as aforesaid, and in Case of the Death or absence of our Lieutenant Governor of Montreal and Trois Rivières from our said province, and that there shall be no person within our said province appointed by us to be Lieutenant Governor or Commander in Chief of our said province, Our Will and pleasure is, that the Eldest Counsellor, who shall be at the time of your Death or absence, residing within our said province, shall take upon him the administration of the Government, and Execute our said Commission and Instructions and the several powers and Authorities therein Contained, in the same manner to all intents and purposes, as other our Governor or Commander in Chief should or ought to do in Case of your Absence, or untill your Return, or in all Cases untill our further pleasure be Known therein. — 

This Office of Captain General and Governor in Chief to be held only during the Kings pleasure.

And We do hereby declare, ordain and appoint, that you the said James Murray, shall and may hold Execute and Enjoy the Office & place of our Captain General, and Governor in Chief in and over our said Province of Quebec, and all the the Territories depending thereon, with all and singular the powers and authorities hereby Granted unto you, for & during our will and pleasure. In Witness Whereof, We have Caused these our Letters to be made patent, Witness our Self at Westminister the Twenty first Day of November, in the fourth Year of our Reign.

By Writ of privy Seal

(Signed)

Yorke & Yorke.

Recorded at the Treasury Chambers Whitehall the 28th Day of November 1763

(Signed)

T. Tomkyns

Recorded in the Registry Office in Quebec the 7th Day of June 1766

(Signed),

J. Goldfrap D.Reg


Copied from the Register of Commissions in the office of the Secretary of State, Canada.

INSTRUCTIONS TO GOVERNOR MURRAY.[43]

George R.

Instructions to Our Trusty and Wellbeloved James Murray, Esq.r, Our Captain General and Governor in Chief in and over Our Province of Quebec in America, and of all Our (L.S.) Territories dependent thereupon. Given at Our Court at St James's the Seventh Day of December 1763 in the Fourth Year of Our Reign.

1. With these Our Instructions You will receive Our Commission under Our Great Seal of Great Britain, constituting You Our Captain General and Governor in Chief in and over Our Province of Quebec in America, bounded on the Labrador Coast by the River St John, and from thence by a Line drawn from the Head of that River through the Lake St John to the South End of the Lake Nipissin; from whence the said Line crossing the River St Lawrence and the Lake Champlain in forty five Degrees of North Latitude, passes along the High Lands, which divide the Rivers that empty themselves into the said River St Lawrence, from those which fall into the Sea; and also along the North Coast of the Baye des Chaleurs and the Coast of the Gulph of St Lawrence to Cape Rosieres, and from thence crossing the Mouth of the River St Lawrence by the West End of the Island of Anticosti, terminates at the aforesaid River of St John: You are therefore to take upon You the Execution of the Office and Trust We have reposed in You, and the Administration of Government, and to do and execute all Things in due manner that shall belong to your Command, according to the several Powers and Authorities of Our said Commission under Our Great Seal of Great Britain, and these Our Instructions to You, or according to such further Powers and Instructions as shall at any Time hereafter be granted or appointed You under Our Signet and Sign Manual, or by Our Order in Our Privy Council.

2. And You are, with all due Solemnity, to cause Our said Commission to be published at Quebec, which We do appoint to be the Place of your Residence and the principal Seat of Government, in the Districts of Montreal and Trois Rivieres, and in such other parts of your Government as You shall think necessary and expedient, as soon as possible; which being done, You are in the next place to nominate and establish a Council for Our said Province, to assist You in the Administration of Government, which Council, is, for the present, to be composed of the Persons, whom We have appointed to be Our Lieutenant Governors of Montreal and Trois Rivieres, Our Chief Justice of Our said Province, and the Surveyor General of Our Customs in America for the Northern District, and Eight other Persons to be chosen by You from amongst the most considerable of the Inhabitants of, or Persons of Property in Our said Province; which Persons so nominated and appointed by You as aforesaid (Five of which We do hereby appoint to be a Quorum), are to be Our Council for Our said Province, and to have and enjoy all the Powers, Privilege and Authority usually exercised and enjoyed by the Members of Our Councils in Our other Plantations, and also such others as are contained in Our said Commission under Our Great Seal of Great Britain, and in these Our Instructions to You; and they shall meet together at such Time or Times, Place or Places, as You, in your Discretion, shall think necessary and expedient: It is nevertheless Our Will and Pleasure, that the said Chief Justice, or Surveyor General of Our Customs, shall not be capable of taking the Administration of the Government upon the Death or Absence of You Our Governor, or the Commander in Chief for the Time being.

3. And You are forthwith to call Our said Council together, or such of them as can be conveniently assembled, and to cause Our said Commission to You to be read at such Meeting; which being done, You shall then take yourself, and also administer to Our Lieutenant Governors respectively, and to the Members of Our said Council, the Oaths mentioned in an Act, passed in the first Year of the Reign of His Majesty King George the First, intituled, "An Act for the further Security of His Majesty's Person and Government, and the Succession of the Crown in the Heirs of the late Princess Sophia, being Protestants, and for extinguishing the Hopes of the pretended Prince of Wales, and his open and secret Abettors;" — as also to make and subscribe, and cause them to make and subscribe the Declaration mentioned in an Act of Parliament made in the Twenty fifth Year of the Reign of King Charles the Second, intituled, "An Act for preventing Dangers which may happen from Popish Recusants." And You and every one of Them are likewise to take an Oath for the due Execution of your and their Places and Trusts, with regard to your and their equal and impartial Administration of Justice; — and You are also to take the Oath required by an Act passed in the seventh and eighth Years of the Reign of King William the Third to be taken by Governors of Plantations, to do their utmost that the Laws relating to the Plantations be observed.

4. And You are forthwith to transmit unto Our Commissioners for Trade and Plantations, in order to be laid before Us for Our Approbation or Disallowance, the Names of the Members of the Council so to be appointed by You, as aforesaid; as also a List of the Names and Characters of Eight other Persons in Our said Province, whom You judge properly qualified to serve in that Station; to the End that, if any of the Persons appointed by You, as aforesaid, shall not be approved and confirmed by Us, under Our Signet and Sign Manual, the Place or Places of such Persons so disapproved may be forthwith supplied from the said List, or otherwise, as We shall think fit.

5. And if it shall at any time happen, that, by the Death, Departure out of Our said Province, Suspension of any of Our said Councillors, or otherwise, there shall be a Vacancy in Our said Council, Our Will and Pleasure is, that You signify the same to Our Commissioners for Trade and Plantations by the first Opportunity, that We may, under Our Sign Manual, constitute and appoint Others in their Stead; to which End, You are, whenever such Vacancy happens, to transmit to Our said Commissioners, in order to be laid before Us, the Names of three or more Persons, Inhabitants of Our said Province, whom You shall esteem best qualified for such Trust.

6. But that Our Affairs may not suffer for want of a due Number of Councillors, if ever it shall happen, that there be less than Seven residing in Our said Province, We do hereby give and grant unto You, the said James Murray, full Power and Authority to chuse as many Persons out of the principal Inhabitants of Our said Province, as will make up the full Number of the Council to be Seven, and no more; which Persons, so chosen and appointed by You, shall be, to all Intents and Purposes, Councillors in Our said Province, till either they shall be confirmed by Us, or, by the Nomination of Others by Us, under Our Signet and Sign Manual, Our said Council shall have Seven or more Persons in it.

7. And it is Our Will and Pleasure, that You do, and You are hereby authorized and impowered to suspend and remove any of the Members of Our said Council from sitting, voting, and assisting therein, if You shall find just Cause for so doing; (and also in like manner to suspend any of Our Lieutenant Governors of Our said Province from the Execution of their Commands), and to appoint Others in their Stead, until Our Pleasure shall be known, It is nevertheless Our Will and Pleasure that You do not suspend or remove any of the Lieutenant Governors of Our said Province respectively, or any of the Members of Our Council, when they shall have been confirmed by Us, as aforesaid, without good and sufficient Cause, nor without the Consent of the Majority of the said Council, signified in Council, after due Examination of the Charge against such Lieutenant Governor, or Councillor, and his Answer thereunto; and in case of Suspension of any of them, You are to cause your Reasons for so doing, together with the Charges and Proofs against such Person, and his Answer thereunto, to be duly entered upon the Council Books, and forthwith to transmit Copies thereof to Our Commissioners for Trade and Plantations, in order to be laid before Us; nevertheless if it should happen, that You should have Reasons for suspending any of the said Persons, not fit to be communicated to the Council, You may in that Case suspend such person without the Consent of said Council; but You are thereupon immediately to send to Our Commissioners for Trade and Plantations, in order to be laid before Us, an Account of your Proceedings therein, together with your Reasons at large for such Suspension, as also your Reasons at large for not communicating the same to the Council; and Duplicates thereof by the next Opportunity.

8. Whereas We are sensible, that effectual Care ought to be taken to oblige the Members of the Council to a due Attendance therein, in order to prevent the many Inconveniencies that may happen from the Want of a Quorum of the Council, to transact Business as Occasion may require; It is Our Will and Pleasure, that if any of the Members of Our said Council shall hereafter absent themselves from the said Province, and continue absent above the Space of six Months together, without Leave from You, or from Our Commander in Chief of Our said Province for the time being, first obtained under your or his hand and seal; or shall remain absent for the Space of one Year, without Our Leave given them under Our Royal Signet and Sign Manual, their Place or Places in the said Council shall immediately thereupon become Void; and that, if any of the Members of Our said Council, then residing in the Province under your Government, shall hereafter wilfully absent themselves, when duly summoned, without a just and lawful Cause, and shall persist therein after Admonition, You suspend the said Councillors so absenting themselves, till Our further Pleasure be known, giving Us timely Notice thereof: And We do hereby will and require You, that this Our Royal Pleasure be signified to the several Members of Our Council aforesaid, and entered in the Council Books of the Province under your Government, as a standing Rule — 

9. You are forthwith to communicate such and so many of these Our Instructions to Our said Council, wherein their Advice and Consent are mentioned to be requisite; as likewise all such others, from time to time, as You shall find convenient for Our Service to be imparted to them.

10. You are to permit the Members of Our said Council to have and enjoy Freedom of Debate and Vote, in all Affairs of public Concern that may be debated in Council.

11. And whereas it is directed, by Our Commission to You under Our great Seal, that so soon as the Situation and Circumstances of Our said Province will admit thereof, You shall, with the Advice of Our Council, summon and call a General Assembly of the Freeholders in Our said Province; You are therefore, as soon as the more pressing Affairs of Government will allow to give all possible attention to the carrying this important Object into Execution: But, as it may be impracticable for the present to form such an Establishment, You are in the mean time to make such Rules and Regulations, by the Advice of Our said Council, as shall appear to be necessary for the Peace, Order and good Government of Our said Province, taking Care that nothing be passed or done, that shall any ways tend to affect the Life, Limb or Liberty of the Subject, or to the imposing any Duties or Taxes; and that all such Rules and Regulations be transmitted to Us, by the first Opportunity after they are passed and made, for Our Approbation or Disallowance. And it is Our Will and Pleasure, that when an Assembly shall have been summoned and met, in such manner as You, in your Discretion, shall think most proper, or as shall be hereafter directed and appointed, the following Regulations be carefully observed in the framing and passing all such Laws, Statutes and Ordinances, as are to be passed by You, with the Advice and Consent of Our said Council and Assembly; Vizt

That the Style of Enacting the said Laws, Statutes and Ordinances be by the Governor, Council, and Assembly, and no other; — 

That each different Matter be provided for by a different Law, without including in one and the same Act such Things as have no proper Relation to each other; — 

That no Clause be inserted in any Act or Ordinance, which shall be foreign to what the Title of it imports; and that no perpetual Clause be part of any temporary Law; — 

That no Law or Ordinance whatever be suspended, altered, continued, revived, or repealed by general Words; but that the Title and Date of such Law or Ordinance be particularly mentioned in the enacting part; — 

That no Law or Ordinance, respecting private Property, be passed without a Clause suspending it's Execution, until Our Royal Will and Pleasure is known; nor without a Saving of the Right of Us, Our Heirs and Successors, and of all Bodies politic and corporate, and of all other Persons, except such as are mentioned in the said Law or Ordinance, and those claiming by, from, and under them; and before such Law or Ordinance is passed, Proof must be made before You, in Council, and entered in the Council Books, that public Notification was made of the Party's Intention to apply for such Act in the several Parish Churches, where the Lands in Question lie, for three Sundays at least successively before any such Law or Ordinance shall be proposed; and You are to transmit, and annex to the said Law, or Ordinance, a Certificate under your hand, that the same passed through all the Forms abovementioned; — 

That in all Laws or Ordinances for levying Money, or imposing Fines, Forfeitures or Penalties, express mention be made, that the same is granted or reserved to Us, Our Heirs and Successors, for the public Uses of the said Province, and the Support of the Government thereof, as by the said Law, or Ordinance shall be directed; and that a Clause be inserted, declaring, that the Money arising by the Operation of the said Law, or Ordinance shall be accounted for unto Us in this Kingdom, and to Our Commissioners of Our Treasury, or Our High Treasurer for the time being, and audited by Our Auditor General of Our Plantations, or his Deputy; — 

That all such Laws, Statutes and Ordinances be transmitted by You within three Months after their passing, or sooner, if Opportunity offers, to Our Commissioners for Trade and Plantations; that they be fairly abstracted in the Margents, and accompanied with very full and particular Observations upon each of them, that is to say, whether the same is introductive of a new Law, declaratory of a former Law, or does repeal a Law then before in being; and you are also to transmit, in the fullest manner, the Reasons and Occasion for enacting such Laws, or Ordinances, together with fair Copies of the Journals of the Proceedings of the Council and Assembly, which You are to require from the Clerks of the said Council and Assembly.

12. And to the end that nothing may be passed or done to the Prejudice of the true Interests of this Our Kingdom, the just Rights of Us, Our Heirs and Successors, or the Property of Our Subjects; it is Our express Will and Pleasure, that no Law whatever, which shall in any wise tend to affect the Commerce or Shipping of this Kingdom, or which shall any ways relate to the Rights and Prerogative of Our Crown, or the Property of Our Subjects, or which shall be of an unusual or extraordinary Nature, be finally ratified and assented to by You, until You shall have first transmitted a Draught of such Law, and shall have received Our Directions thereupon, unless You take care, that a Clause be inserted, suspending and deferring the Execution thereof, until Our Pleasure is known concerning the same.

13. And whereas Laws have formerly been enacted in several of Our Plantations in America for so short a time, that Our Royal Assent or Refusal thereof could not be had before the Time, for which such Laws were enacted, did expire; You shall not give your Assent to any Law, that shall be enacted for a less Time than two Years, except in Cases of imminent Necessity, or immediate temporary Expediency; and You shall not reenact any Law, to which Our Assent shall have been once refused, without express Leave for that purpose first obtained from Us, upon a full Representation by You to be made to Our Commissioners for Trade and Plantations, in order to be laid before Us, of the Reasons and Necessity for passing such Law; nor give your Assent to any Law for repealing any other Law, which shall have passed in your Government, and shall have received Our Royal Approbation, unless You take Care that there be a Clause inserted therein, suspending and deferring the Execution thereof, until Our Pleasure shall be known concerning the same.

14. And We do particularly require You to take Care, that fair Books of Accounts of all Receipts and Payments of all Publick Money be duly kept, and the Truth thereof attested upon Oath; and that all such Accounts be audited, and attested by Our Auditor General of Our Plantations, or his Deputy, who is to transmit Copies thereof to Our Commissioners of Our Treasury, or to Our High Treasurer, for the time being; and that You do, every half Year or oftener, send another Copy thereof, attested by yourself, to Our Commissioners for Trade and Plantations, and Duplicates thereof by the next Conveyance; in which Books shall be specified every particular Sum raised or disposed of, together with the Names of the Persons to whom any Payment shall be made; to the end We may be satisfied of the right and due Application of the Revenue of Our said Province, with the Probability of the Increase or Diminution of it under every Head and Article thereof.

15. And whereas the Members of several Assemblies in the Plantations have frequently assumed to themselves Privileges no ways belonging to them, especially of being protected from Suits at Law during the Term they remain of the Assembly, to the great Prejudice of their Creditors and the Obstruction of Justice; and some Assemblies have presumed to adjourn themselves at Pleasure, without Leave from Our Governor first obtained; and Others have taken upon them the sole framing of Money Bills, refusing to let the Council alter or amend the same; all which Practices are very detrimental to Our Prerogative; If therefore You find, that the Members of the Assembly of Our Province of Quebec insist upon any of the said Privileges, You are to signify to them that it is Our express Will and Pleasure, that You do not allow any Protection to any Member of the Council or Assembly, further than in their Persons, and that only during the Sitting of the Assembly; and that You do not allow them to adjourn themselves otherwise than de die in diem, except Sundays and Holy-days, without Leave from You, or the Commander in Chief for the time being, first obtained; It is also Our further Pleasure, that the Council have the like Power of framing Money Bills as the Assembly.

16. And whereas by Our aforesaid Commission under Our Great Seal of Great Britain, You are authorized and impowered, with the Advice and Consent of Our Council, to constitute and appoint Courts of Judicature and Justice; it is therefore Our Will and Pleasure, that You do, as soon as possible, apply your Attention to these great and important Objects; and that, in forming the necessary Establishments for this purpose, You do consider what has taken place in this respect in Our other Colonies in America, more particularly in Our Colony of Nova Scotia.

17. And whereas it is for the Ease, Satisfaction and Benefit of all Our Subjects, that Appeals should be allowed, in all Civil Causes, from the Courts in Our Plantations; it is therefore Our Will and Pleasure, that, when the several Courts and Offices necessary for the Administration of Justice shall have been settled, appointed and confirmed, in Consequence of the Power vested in You by Our Commission under Our Great Seal and by these Our Instructions, You do, as near as different Circumstances will admit, conform yourself to the Regulations prescribed in the Instructions given to Our Governor of Nova Scotia in respect to such Appeals, Copies of which Instructions are hereunto annexed.

18. You are, with the Advice and Consent of Our Council in the Province under your Government, to take especial Care to regulate all Salaries and Fees belonging to Places, or paid upon Emergencies, that they be within the Bounds of Moderation, and that no Exaction be made on any Occasion whatsoever; as also that Tables of all Fees be publickly hung up in all Places where such Fees are to be paid; and You are to transmit Copies of all such Tables of Fees to Our Commissioners for Trade and Plantations, in order to be laid before Us.

19. It is Our express Will and Pleasure, that You do, by the first Opportunity, and with all convenient Speed, transmit unto Us, by Our Commissioners for Trade and Plantations, authentic Copies of all Acts, Orders, Grants, Commissions or other Powers, by Virtue of which any Courts, Offices, Jurisdictions, Pleas, Authorities, Fees and Privileges have been settled or established, for Our Confirmation or Disallowance; and in case all or any of them shall, at any time or times, be disallowed and not approved, then such and so many as shall be so disallowed and not approved, and so signified by Us, shall cease, determine, and be no longer continued or put in Practice.

20. You shall not appoint any Person to be a Judge or Justice of the Peace, without the Advice and Consent of the Majority of the Members of Our Council, present in Council; nor shall You execute yourself, or by Deputy, any of the said Offices; and it is Our further Will and Pleasure, that all Commissions, to be granted by You, to any Person or Persons to be Judges or Justices of the Peace, or other necessary Officers, be granted during Pleasure only.

21. You shall not displace any of the Judges, Justices of Peace, or other Officers or Ministers, without good and sufficient Cause, which You shall signify in the fullest and most distinct manner to Our Commissioners for Trade and Plantations, in order to be laid before Us, by the first Opportunity after such Removals.

22. And whereas frequent Complaints have heretofore been made of great Delays and undue Proceedings in the Courts of Justice in several of Our Plantations, whereby many of Our good Subjects have very much suffered; and it being of the greatest Importance to Our Service, and to the Welfare of Our Plantations, that Justice be every where speedily and duly administered, and that all Disorders, Delays, and other undue Practices in the Administration thereof, be effectually prevented; We do particularly require You to take especial Care, that in all Courts, where You are authorized to preside, Justice be impartially administered; and that in all other Courts, established within Our said Province, all Judges, and other Persons therein concerned, do likewise perform their several Duties without any Delay or Partiality.

23. You are to take Care, that all Writs be issued in Our Name throughout the Province under your Government.

24. Whereas there are several Offices in Our Plantations granted under the Great Seal of Great Britain, and Our Service may be very much prejudiced by reason of the Absence of the Patentees, and by their appointing Deputies not fit to officiate in their Stead; You are therefore to inspect such of the said Offices as are in the Province under your Government, and to enquire into the Capacity and Behaviour of the Persons exercising them, and to report thereupon, to Our Commissioners for Trade and Plantations, what you think fit to be done or altered in relation thereunto; and you are, upon the Misbehaviour of any of the said Patentees or their Deputies, to suspend them from the Execution of their Office, till you shall have represented the whole Matter unto Us, and received Our Directions therein; And in case of the Death of any such Deputy, it is Our express Will and Pleasure, that You take Care that the Person appointed to execute the Place, until the Patentee can be informed thereof and appoint another Deputy, do give sufficient Security to the Patentee, or, in case of Suspension, to the Person suspended, to be answerable to him for the Profits accruing during such Interval by Death, or during such Suspension, in case We shall think fit to restore the Person suspended to his Place again. It is nevertheless Our Will and Pleasure, that the Person executing the Place during such Interval by Death or Suspension, shall, for his Encouragement, receive the same Profits as the Person dead, or suspended did receive; And it is Our further Will and Pleasure, that, in case of a Suspension of a Patentee, the Person appointed by you to exercise the Office during such Suspension, shall receive a Moiety of the Profits which would otherwise become due to such Patentee, giving Security to such Patentee to be answerable to him for the other Moiety, in case We shall think fit to restore him to his Office again; And it is Our further Will and Pleasure, that you do countenance and give all due Encouragement to all Our Patent Officers in the Enjoyment of their legal and accustomed Fees, Rights, Privileges and Emoluments, according to the true Intent and Meaning of their Patents.

25. You shall not, by Colour of any Power or Authority hereby or otherwise granted, or mentioned to be granted unto you, take upon you to give, grant or dispose of any Office or Place within Our said Province, which now is or shall be granted under the Great Seal of this Kingdom, or to which any Person is or shall be appointed by Warrant under Our Signet and Sign Manual, any further than that you may, upon the Vacancy of any such Office or Place, or upon the Suspension of any such Officer by You, as aforesaid, put in any fit Person to officiate in the Interval, till you shall have represented the Matter unto Our Commissioners for Trade and Plantations, in order to be laid before Us, as aforesaid, (which You are to do by the first Opportunity,) and till the said Office or Place be disposed of by Us, Our Heirs or Successors, under the Great Seal of this Kingdom, or until some Person shall be appointed thereto by Warrant under Our Signet and Sign Manual, or Our further Directions be given therein.

26. And whereas several Complaints have been made by the Surveyor General, and other Officers of Our Customs in Our Plantations in America, that they have frequently been obliged to serve as Jurors, and personally to appear in Arms whenever the Militia is drawn out, and thereby are much hindered in the Execution of their Employments; Our Will and Pleasure is, that You take effectual Care, and give the necessary Directions, that the several Officers of Our Customs be excused and exempted from serving on any Juries, or personally appearing in Arms in the Militia, unless in case of absolute Necessity, or serving any parochial Offices, which may hinder them in the Execution of their Duty.

27. And whereas the Surveyor General of Our Customs in the Plantations are impowered, in case of the Vacancy of any of Our Offices of the Customs by Death, Removal, or otherwise, to appoint other Persons to execute such Offices, until they receive Directions from Our Commissioners of the Treasury, or Our High Treasurer, or Commissioners of Our Customs, for the time being; but in regard the Districts of Our said Surveyors General are very extensive, and that they are required at proper times to visit the Officers in the several Governments under their Inspection; and that it might happen that some of the Officers of Our Customs in the Province under your Government may die, at the Time when the Surveyor General is absent in some distant Part of his District, so that he cannot receive Advice of such Officer's Death within a reasonable Time, and thereby make Provision for carrying on the Service, by appointing some other Person in the room of such Officer who may happen to die; therefore, that there be no Delay given on such Occasion to the Masters of Ships or Merchants in their Dispatches, it is Our further Will and Pleasure, in case of such Absence of the Surveyor General, or if he should happen to die, and in such Cases only, that, upon the Death of any Collector of Our Customs within Our said Province, You, or, in your Absence, our Lieutenant Governor or Commander in Chief, shall make Choice of a Person of known Loyalty, Experience, Diligence and Fidelity, to be Employed in such Collector's room, for the Purposes aforesaid, until the Surveyor General of Our Customs shall be advised thereof, and appoint another to succeed in such Place, and that further Directions shall be given therein by Our Commissioners of Our Treasury, or Our High Treasurer, or by the Commissioners of Our Customs, for the time being, which shall be first signified; taking care that You do not, under any Pretence of this Instruction, interfere with the Powers and Authorities given by the Commissioners of Our Customs to the said Surveyors General, when they are able to put the same in Execution.

28. And whereas We have stipulated, by the late Definitive Treaty of Peace concluded at Paris the 10th Day of February 1763, to grant the Liberty of the Catholick Religion to the Inhabitants of Canada, and that We will consequently give the most precise and most effectual Orders, that Our new Roman Catholick Subjects in that Province may profess the Worship of their Religion, according to the Rites of the Romish Church, as far as the Laws of Great Britain permit; It is therefore Our Will and Pleasure, that you do, in all things regarding the said Inhabitants, conform with great Exactness to the Stipulations of the said Treaty in this respect.

29. You are, as soon as possible, to summon the Inhabitants to meet together, at such Time or Times, Place or Places, as you shall find most convenient, in order to take the Oath of Allegiance, and make and subscribe the Declaration of Abjuration mentioned in the aforesaid Act passed in the first Year of the Reign of King George the First, for the further Security of His Majesty's Person and Government, and the Succession of the Crown in the Heirs of the late Princess Sophia, being Protestants, and for extinguishing the Hopes of the pretended Prince of Wales, and his open and secret Abettors; which Oath shall be administered to them by such Person or Persons as you shall commissionate for such Purpose; and in case any of the said French Inhabitants shall refuse to take the said Oath, and make and subscribe the Declaration of Abjuration, as aforesaid, You are to cause them forthwith to depart out of Our said Government.

30. And it is Our further Will and Pleasure, that all such Inhabitants, professing the Religion of the Romish Church, do, at all such Meetings, or at such other Time or Times as You shall think proper, and in the Manner you shall think least alarming and inconvenient to the said Inhabitants, deliver in upon Oath an exact Account of all Arms and Ammunition, of every Sort in their actual Possession, and so, from time to time, of what they shall receive into their Possession, as aforesaid.

31. You are as soon as possible to transmit to Us, by Our Commissioners for Trade and Plantations, an exact and particular Account of the Nature and Constitution of the several Religious Communities of the Romish Church, their Rights, Claims, Privileges and Property, and also the Number, Situation and Revenue of the several Churches heretofore established in Our said Province, together with the Number of Priests or Curates officiating in such Churches.

32. You are not to admit of any Ecclesiastical Jurisdiction of the See of Rome, or any other foreign Ecclesiastical Jurisdiction whatsoever in the Province under your Government.

33. And to the End that the Church of England may be established both in Principles and Practice, and that the said Inhabitants may by Degrees be induced to embrace the Protestant Religion, and their Children be brought up in the Principles of it; We do hereby declare it to be Our Intention, when the said Province shall have been accurately surveyed, and divided into Townships, Districts, Precincts or Parishes, in such manner as shall be hereinafter directed, all possible Encouragement shall be given to the erecting Protestant Schools in the said Districts, Townships and Precincts, by settling, appointing and allotting proper Quantities of Land for that Purpose, and also for a Glebe and Maintenance for a Protestant Minister and Protestant School-Masters; and you are to consider and report to Us, by Our Commissioners for Trade and Plantations, by what other Means the Protestant Religion may be promoted, established and encouraged in Our Province under your Government.

34. And You are to take especial Care, that God Almighty be devoutly and duly served throughout your Government, the Book of Common Prayer, as by Law established, read each Sunday and Holyday, and the blessed Sacrament administered according to the Rites of the Church of England.

35. You are not to prefer any Protestant Minister to any Ecclesiastical Benefice in the Province under your Government, without a Certificate from the Right Reverend Father in God the Lord Bishop of London, of his being conformable to the Doctrine and Discipline of the Church of England, and of a good Life and Conversation; And if any Person hereafter preferred to a Benefice shall appear to you to give Scandal, either by his Doctrine or Manners, you are to use the best Means for his Removal.

36. You are to give Orders forthwith, that every Orthodox Minister within your Government be one of the Vestry in his respective Parish, and that no Vestry be held without him, except in case of Sickness, or, after Notice of a Vestry summoned, he omit to come.

37. And to the End that the Ecclesiastical Jurisdiction of the Lord Bishop of London may take place in Our Province under your Government, as far as conveniently may be, We do think fit, that You give all Countenance and Encouragement to the Exercise of the same, excepting only the collating to Benefices, granting Licences for Marriage, and Probates of Wills, which We have reserved to You, Our Governor, and to the Commander in Chief of Our said Province for the Time being.

38. And We do further direct, that no Schoolmaster, who shall arrive in Our said Province from this Kingdom, be henceforward permitted to keep School, without the Licence of the said Lord Bishop of London; and that no other Person now there, or that shall come from other Parts, shall be admitted to keep School in your Government, without your Licence first obtained.

39. And You are to take especial Care, that a Table of Marriages, established by the Canons of the Church of England, be hung up in all Places of publick Worship, according to the Rites of the Church of England.

40. And it is Our further Will and Pleasure, that, in order to suppress, as much as in you lies, every Species of Vice and Immorality, You forthwith, do cause all Laws already made against Blasphemy, Profaneness, Adultery, Fornication, Polygamy, Incest, Profanation of the Lord's Day, Swearing and Drunkenness, to be vigorously put in Execution in every part of your Government; And that you take due Care for the Punishment of these, and every other Vice and Immorality, by Presentment upon Oath to be made to the Temporal Courts, by the Church Wardens of the several Parishes, at proper Times of the year to be appointed for that Purpose; and, for the further Discouragement of Vice, and Encouragement of Virtue and good living, (that by such Examples the Infidels may be invited and persuaded to embrace the Christian Religion), You are not to admit any Persons to publick Trusts and Employments in the Province under your Government, whose Ill-Fame and Conversation may occasion Scandal.

41. And whereas it is stipulated by the aforesaid Treaty concluded at Paris the 10th Day of February 1763, that the French Inhabitants, or Others, who have been Subjects of the Most Christian King in Canada, may retire with all Freedom and Safety wherever they shall think proper, and may sell their Estates, provided it be to Our Subjects, and bring away their Effects, as well as their Persons, without being restrained in their Emigration under any Pretence whatsoever, except that of Debts, or criminal Prosecution, and that the Time limited for the Emigration shall be fixed to the Space of Eighteen Months, to be computed from the Day of the Exchange of the Ratifications of the Treaty; You are therefore in all things to conform yourself to this Stipulation, and to take care, that such of the French Inhabitants as intend to remove within the Time limited, be not obstructed or impeded, provided they do not sell their Estates to Others than His Majesty's Subjects, and that, so long as they remain under your Government, they do in all things conform thereto in like manner as Our other Subjects.

42. And it is Our further Will and Pleasure, that all and every the French Inhabitants in Our said Province, who are now possessed of Lands within the said Province, in Virtue of Grants or Concessions made before the signing of the Preliminary Articles of Peace on the third Day of November 1762; do, within such limited Time as you in your Discretion shall think fit, register the several Grants, or other Deeds or Titles, by which they hold or claim such Lands, in the Secretary's Office; which said Grants, Deeds or other Titles, shall be entered at large in the said Office, so that the particular Quantity of Land, it's Site and Extent, the Conditions upon which it is granted, either as to Rents, Services, or Cultivation, may appear fully and at length.

43. And in case it shall appear, upon a strict and accurate Examination of the said Grants and Title Deeds, to be taken in such manner as You shall think proper, that any of the Grantees, or Persons claiming Lands under such Grants and Title Deeds, are in Possession of more Land than is contained within such Grants or other Concessions; or that the Terms and Conditions, upon which the Lands were granted, have not been complied with, agreeable to what is stipulated in such Grants or Concessions; It is Our Will and Pleasure, that you forthwith represent the same to Us, by Our Commissioners for Trade and Plantations, to the End that you may receive such Directions thereupon, as the Nature and Circumstances of the Case shall appear to require.

44. And whereas it is necessary, in order to the advantageous and effectual Settlement of Our said Province, that the true State of it should be fully known; You are therefore, as soon as conveniently may be, to cause an accurate Survey to be made of the said Province by such able and skilful Person as is or shall be appointed for that Service, who is to report to you in writing, for your Judgment in the Measures which you may in general pursue for the making of Settlements, not only the Nature and Quality of the Soil and Climate, the Rivers, Bays and Harbours, and every other Circumstance attending the natural State of it; but also his opinion, in what manner it may be most conveniently laid out into Counties, and to annex to his Report a Map of such Survey, with the several Divisions proposed marked upon it: But as the Making such Survey will be a Work of great Length, You are in the meantime to carry on Settlements upon that Plan, which shall appear to you to be most expedient from the best Information You can collect.

45. And whereas it has been found by Experience, that the settling Planters in Townships hath very much redounded to their Advantage, not only with respect to the Assistance they have been able to afford Each other in their civil Concerns, but likewise with regard to the Security they have thereby acquired against the Insults and Incursions of neighbouring Indians, or other Enemies; You are therefore to lay out Townships of a convenient Size and Extent in such Places, as you, in your Discretion, shall judge most proper. And it is Our Will and Pleasure, that each Township do consist of about Twenty Thousand Acres, having, as far as may be, natural Boundaries extending up into the Country, and comprehending a necessary Part of the River of St Lawrence, where it can be conveniently had.

46. You are also to cause a proper Place in the most convenient Part of each Township, to be marked out for building a Town sufficient to contain such a Number of Families as you shall judge proper to settle there, with Town and pasture Lots convenient to each Tenement, taking Care, that the said Town be laid out upon, or, as near as conveniently may be, to some navigable River, or the Sea Coast; And you are also to reserve to Us proper Quantities of Land in each Township for the following Purposes, viz.; For erecting Fortifications, and Barracks, where necessary, or for other military or naval Services, and more particularly for the Growth and Production of Naval Timber, if there are any Wood-Lands fit for that Purpose.

47. And it is Our further Will and Pleasure, that a particular Spot, in, or as near each Town as possible, be set apart for the building a Church, and four Hundred Acres adjacent thereto allotted for the Maintenance of a Minister, and two Hundred for a Schoolmaster.

48. And you are to give strict Orders to the Surveyors, whom you shall employ to mark out the said Townships and Towns, to make Returns to you of their Surveys as soon as possible, with a particular Description of each Township, and the Nature of the Soil within the same.

49. And You are to oblige all such Persons as shall be appointed to be Surveyors of the said Lands in each Township, to take an Oath for the due Performance of their Offices, and for obliging them to make exact Surveys of all Lands required to be set out.

50. And whereas nothing can more effectually tend to the speedy settling Our said Colony, the Security of the Property of Our Subjects, and the Advancement of Our Revenue, than the disposing of such Lands as are Our Property upon reasonable Terms, and the establishing a regular and proper Method of proceeding with respect to the passing of Grants of such Land; It is therefore our Will and Pleasure, that all and every Person and Persons, who shall apply to You for any Grant or Grants of Land, shall, previous to their obtaining the same, make it appear before you in Council, that they are in a Condition to cultivate and improve the same, by settling thereon, in Proportion to the Quantity of Acres desired, a sufficient Number of White Persons and Negroes; And in case you shall, upon a Consideration of the Circumstances of the Person or Persons applying for such Grants, think it adviseable to pass the same, in such Case You are to cause a Warrant to be drawn up, directed to the Surveyor General, or other proper Officers, impowering him or them to make a faithful and exact Survey of the Lands so petitioned for, and to return the said Warrant within six Months at furthest from the Date thereof, with a Plot or Description of the Lands so surveyed thereunto annexed; Provided that you do take Care, that before any such Warrant is issued, as aforesaid, a Docquet thereof be entered in the Auditor's and Register's Office: And when the Warrant shall be returned by the said Surveyor, or other proper Officer, the Grant shall be made out in due Form, and the Terms and Conditions required by these Our Instructions be particularly and expressly mentioned in the respective Grants. And it is Our Will and Pleasure, that the said Grants shall be registered within six Months from the Date thereof in the Register's Office there, and a Docquet thereof be also entered in Our Auditor's Office there, in Case such Establishment shall take Place in Our said Province, or that, in Default thereof, such Grant shall be void; Copies of all which Entries shall be returned regularly, by the proper Officer, to Our Commissioners of Our Treasury and to Our Commissioners for Trade and Plantations, within six Months from the Date thereof.

51. And whereas great Inconveniences have arisen in many of Our Colonies in America from the granting excessive Quantities of Land to particular Persons, who have never cultivated or settled it, and have thereby prevented Others more industrious from improving the same; in order therefore to prevent the like Inconveniences for the future, You are to take especial Care, that in all Grants to be made by you, by and with the Advice and Consent of Our Council, to Persons applying for the same, the Quantity be in Proportion to their Ability to cultivate; And you are hereby directed to observe the following Directions and Regulations in all Grants to be made by you; Vizt

That one hundred Acres of Land be granted to every Person being Master or Mistress of a Family, for himself or herself, and fifty Acres for every white or black Man, Woman or Child, of which such Person's Family shall consist, at the actual Time of making the Grant; and in case any Person applying to you for Grants of Land shall be desirous of taking up a larger Quantity than the actual Number of Persons in his or her Family would intitle such Persons to take up; it is Our Will and Pleasure, and you are hereby allowed and permitted, to grant unto every such Person or Persons, such further Quantity of Land as they may desire, not exceeding one Thousand Acres over and above what they are intitled to by the Number of Persons in their respective Families; — Provided it shall appear to you, that they are in a Condition and Intention to cultivate the same; and provided also, that they do pay to the Receiver of Our Quit Rents, or to such other Officer as shall be appointed to receive the same, the Sum of five Shillings only for every fifty Acres, so granted, on the Day of the Date of the Grant; — 

That all Grantees be subject to the payment of two Shillings Sterling for every Hundred Acres, to commence at the Expiration of two years from the Date of such Grant, and to be paid yearly and every Year, or in Default of such payment, the Grant is to be void; — 

That every Grantee, upon giving Proof that he or she has fulfilled the Terms and Conditions of his or her Grant, shall be entitled to another Grant, in the Proportion and upon the conditions abovementioned; — 

That for every Fifty Acres of Land accounted plantable, each Patentee shall be obliged, within three years after the Date of his Patent, to clear and work three Acres at the least, in that part of his Tract which he shall judge most convenient and advantageous; or else to clear and drain three Acres of swampy or sunken Grounds, or drain three Acres of Marsh, if any such be within the Bounds of his Grant; — 

That for every Fifty Acres of Land accounted barren, every Patentee shall be obliged to put and keep on his Land, within three years after the Date of his Grant, three neat Cattle; which Number he shall be obliged to continue on his Land, until three Acres for every Fifty be fully cleared and improved; — 

That if any Person shall take up a Tract of Land, wherein there shall be no Part fit for present Cultivation without manuring and improving the same, every such Grantee shall be obliged, within three years from the Date of his Grant, to erect on some part of his Land one good Dwelling-House, to contain at least twenty Feet in Length, and sixteen Feet in Breadth; and also to put on his Land the like Number of three neat Cattle for every fifty Acres; — 

That if any Person, who shall take up any stony or rocky Grounds not fit for planting or pasture, shall, within three years after the passing of his Grant, begin to employ thereon, and so continue to work, for three years then next ensuing, in digging any Stone Quarry or other Mine, one good and able Hand for every hundred Acres of such Tract, it shall be accounted a sufficient Cultivation and Improvement; — 

That every three Acres, which shall be cleared and worked, as aforesaid, and every three Acres, which shall be cleared and drained, as aforesaid, shall be accounted a sufficient Seating, Planting, Cultivation and Improvement, to save for ever from Forfeiture Fifty Acres of Land in any Part of the Tract contained within the same Patent; and the Patentee shall be at Liberty to withdraw his Stock, or to forbear working in any Quarry or Mine, in Proportion to such Cultivation and Improvement, as shall be made upon the plantable Lands, or upon the Swamps, sunken Grounds and Marshes, which shall be included in the same Patent; — 

That when any Person, who shall hereafter take up and patent any Lands, shall have seated, planted and cultivated, or improved the said Land, or any part of it, according to the Directions and Conditions abovementioned, such Patentee may make Proof of such Seating, Planting, Cultivation and Improvement in the general Court, or in the Court of the County, District or Precinct, where such Lands shall lie, and have such Proof certified to the Register's Office, and there entered with the Record of the said Patent, a Copy of which shall be admitted, on any Trial, to prove the seating and planting of such Land; — 

And lastly, in order to ascertain the true Quantity of plantable and barren Land contained in each Grant hereafter to be made within Our said Province, you are to take especial Care, that, in all Surveys hereafter to be made, every Surveyor be required and enjoyned to take particular Notice, according to the best of his Judgment and Understanding, how much of the Land so surveyed is plantable, and how much of it is barren and unfit for Cultivation; and accordingly to insert in the Survey and Plott by him to be returned into the Register's Office, the true Quantity of each kind of Land.

52. And it is Our further Will and Pleasure, that in all Grants of Land to be made by You, as aforesaid, regard be had to the profitable and unprofitable Acres, so that each Grantee may have a proportionable Number of one Sort and the other; as likewise that the Breadth of each Tract of Land, to be hereafter granted, be one Third of the Length of such Tract; and that the Length of each Tract do not extend along the Banks of any River, but into the main Land, that thereby the said Grantees may have each a convenient Share of what Accommodation the said River may afford for Navigation or otherwise.

53. And whereas it hath been represented to Us, that many Parts of the Province under your Government are particularly adapted to the Growth and Culture of Hemp and Flax; It is therefore Our Will and Pleasure, that, in all Surveys of Land for Settlement, the Surveyor be directed to report, whether there is any, or what Quantity of Lands contained within such Survey, fit for the Production of Hemp and Flax; And you are to take particular Care to insert a Clause in every Grant of Land, where any part thereof is fit for such Production, obliging the Grantee annually to sow a proportionable Part of his Grant with Hemp or Flax Seed.

54. And whereas it hath been further represented to Us, that a great part of the Country in the Neighbourhood of Lake Champlain, and between that Lake and the River St Lawrence, abounds with Woods producing Trees fit for Masting for Our Royal Navy, and other useful and necessary Timber for Naval Construction; You are therefore expressly directed and required to cause such Parts of the said Country, or any other within your Government, that shall appear upon a Survey to abound with such Trees, and shall lye convenient for Water Carriage, to be reserved to Us, and to use your utmost Endeavour to prevent any Waste being committed upon the said Tracts, by punishing in due Course of Law any Persons who shall cut down or destroy any Trees growing thereon; and you are to consider and advise with Our Council, whether some Regulation that shall prevent any Saw Mills whatever from being erected within your Government, without a Licence from you, or the Commander in Chief of Our said Province for the Time being, may not be a Means of preventing all Waste and Destruction in such Tracts of Land as shall be reserved to Us for the Purposes aforesaid.

55. And whereas it appears from the Representations of Our Governor of the District of Trois Rivieres, that the Iron Works at St Maurice in that District are of great Consequence to Our Service; It is therefore Our further Will and Pleasure, that no part of the Lands, upon which the said Iron Works were carried on, or from which the Ore used in such Works was procured, or which shall appear to be necessary and convenient for that Establishment, either in respect to a free Passage to the River St Lawrence, or for producing a necessary Supply of Wood, Corn and Hay, or for Pasture for Cattle, be granted to any private Person whatever; and also that as large a District of Land as conveniently may be, adjacent to and lying round the said Iron Works, over and above what may be necessary for the above Purposes, be reserved for Our Use, to be disposed of in such manner as We shall hereafter direct and appoint.

56. And whereas it is necessary, that all Persons who may be desirous of settling in Our said Province, should be fully informed of the Terms and Conditions, upon which Lands will be granted in Our said Province; You are therefore, as soon as possible, to cause a Publication to be made, by Proclamation or otherwise, as you in your Discretion shall think most adviseable, of all and every the foregoing Terms, Conditions and Regulations of every kind, respecting the Grants of Lands; in which Proclamation it may be expedient to add some short Description of the natural Advantages of the Soil, and Climate, and it's peculiar Conveniences for Trade and Navigation; and you are to take such Steps as you shall think proper for the publishing such Proclamation in all the Colonies in North America.

57. And it is Our further Will and Pleasure, that all the foregoing Instructions to you, as well as any which You may hereafter receive, relative to the Form and Method of passing Grants of Lands, and the Terms and Conditions to be annexed to such Grants, be entered upon Record, with the Grants themselves, for the Information and Satisfaction of all Parties whatever, that may be concerned therein.

58. And it is Our further Will and Pleasure, that you do consider of a proper and effectual Method of collecting, receiving and accounting for Our Quit Rents, whereby all Frauds, Concealment, Irregularity or Neglect therein may be prevented, and whereby the Receipt thereof may be effectually checked and controlled; And if it shall appear necessary to pass an Act for the more effectually ascertaining, and the more speedily and regularly collecting Our Quit Rents, you are to prepare the Heads of such a Bill, as you shall think may most effectually conduce to the procuring the good Ends proposed, and to transmit the same to Our Commissioners for Trade and Plantations, in order to be laid before Us for Our further Directions therein.

59. And it is Our further Will and Pleasure, that the Surveyor General, or such other Person or Persons as you shall think proper to appoint, do, once in every year or oftener as Occasion shall require, inspect the State of all Grants of Lands made by you, and make report thereof to you in Writing, specifying whether the Conditions therein contained have or have not been complied with, or what Progress has been made towards fulfilling the same; and you are annually to transmit Copies of such Reports to Our Commissioners for Trade and Plantations.

60. And whereas Our Province of Quebec is in part inhabited and possessed by several Nations and Tribes of Indians, with whom it is both necessary and expedient to cultivate and maintain a strict Friendship and good Correspondence, so that they may be induced by Degrees, not only to be good Neighbours to Our Subjects, but likewise themselves to become good Subjects to Us; You are therefore, as soon as you conveniently can, to appoint a proper Person or Persons to assemble, and treat with the said Indians, promising and assuring them of Protection and Friendship on Our part, and delivering them such Presents, as shall be sent to you for that purpose.

61. And you are to inform yourself with the greatest Exactness of the Number, Nature and Disposition of the several Bodies or Tribes of Indians, of the manner of their Lives, and the Rules and Constitutions, by which they are governed or regulated. And You are upon no Account to molest or disturb them in the Possession of such Parts of the said Province, as they at present occupy or possess; but to use the best means You can for conciliating their Affections, and uniting them to Our Government, reporting to Us, by Our Commissioners for Trade and Plantations, whatever Information you can collect with respect to these People, and the whole of your Proceedings with them.

62. Whereas We have, by Our Proclamation dated the seventh day of October in the Third year of Our Reign, strictly forbid, on pain of Our Displeasure, all Our Subjects from making any Purchases or Settlements whatever, or taking Possession of any of the Lands reserved to the several Nations of Indians, with whom We are connected, and who live under Our Protection, without Our especial Leave for that Purpose first obtained; It is Our express Will and Pleasure, that you take the most effectual Care that Our Royal Directions herein be punctually complied with, and that the Trade with such of the said Indians as depend upon your Government be carried on in the Manner, and under the Regulations prescribed in Our said Proclamation.

63. You are to use your best Endeavours in improving the Trade of those Parts, by settling such Orders and Regulations therein, with the Advice of Our said Council, as may be most acceptable to the Generality of the Inhabitants. And it is Our express Will and Pleasure, that you do not, upon any Pretence whatever, upon pain of Our highest Displeasure, give your Assent to any Law or Laws for setting up any Manufactures and carrying on any Trades, which are hurtful and prejudicial to this Kingdom; and that You do use your utmost Endeavours to discourage, discountenance and restrain any Attempts which may be made to set up such Manufactures, or establish any such Trades.

64. Whereas by the 5th and 6th Articles of the Treaty of Peace and Neutrality in America,[44] concluded between England and France the 6th-16 Day of November 1686, the Subjects and Inhabitants of each Kingdom are prohibited to trade and fish in all Places possessed, or which shall be possessed by the other in America; and if any Ships shall be found trading contrary to the said Treaty, upon due Proof the said Ships shall be confiscated; but in case the subjects of either King shall be forced by Stress of Weather, Enemies, or other Necessity into the Ports of the other in America, they shall be treated with Humanity and Kindness, and may provide themselves with Victuals, and other Things necessary for their Sustenance, and the Reparation of their Ships, at reasonable Rates; provided they do not break bulk, nor carry any Goods out of their Ships, exposing them to Sale, nor receive any Merchandize on board, under Penalty of Confiscation of Ship and Goods; It is therefore Our Will and Pleasure, that You signify to Our Subjects under your Government the Purport and Intent of the abovesaid two Articles; and that you take particular Care, that none of the French Subjects be allowed to trade from their said Settlements to the Province under your Government, or to fish Upon the Coast thereof.

65. And it is Our Will and Pleasure, that You do not dispose of any Forfeitures or Escheats to any Person, until the Sheriff, or other proper Officer, have made Enquiry, by a Jury upon their Oaths, into the true Value thereof, nor until you have transmitted to Our Commissioners of Our Treasury, and to Our Commissioners for Trade and Plantations, a particular Account of such Forfeitures and Escheats, and the Value thereof. And you are to take Care, that the Produce of such Forfeitures and Escheats, in case We shall think proper to give You Directions to dispose of the same, be duly paid to Our Treasurer or Receiver General of Our said Province, and a full Account transmitted to Our Commissioners of Our Treasury, or Our High Treasurer for the Time being, and to Our Commissioners for Trade and Plantations, with the Names of the Persons to whom disposed.

66. And whereas Commissions have been granted unto several Persons in Our respective Plantations in America for the trying of Pirates in those Parts, pursuant to the Acts for the more effectual Suppression of Piracy; and by a Commission already sent to Our Province of New York, Our Governor there is impowered, together with Others therein mentioned, to proceed accordingly in Reference to Our said Province; Our Will and Pleasure is, that you do use your best Endeavours to apprehend all Persons whatever who may have been guilty of Piracy within your Government, or who having committed such Crimes at other Places, may come within your Jurisdiction; and until We shall think proper to direct the like Commission to be established for Our Government of Quebec, You are to send such Pirates, with what Proofs of their Guilt You can procure or collect, to Our Governor of New York to be tried and punished under the Authority of the Commission established for those Parts.

67. And whereas you will receive from Our Commissioners for executing the Office of High Admiral of Great Britain and of Our Plantations, a Commission constituting you Vice Admiral of Our said Province; You are hereby required and directed carefully to put into Execution the several Powers thereby granted to you.

68. Whereas great Inconveniences have happened heretofore by Merchant Ships and other Vessels in the Plantations wearing the Colours borne by Our Ships of War, under Pretence of Commissions granted to them by the Governors of the said Plantations, and, by trading under those Colours, not only amongst Our own Subjects, but also those of other Princes and States, and committing divers Irregularitys, they may very much dishonor Our Service; For preventing thereof You are to oblige the Commanders of all such Ships, to which you shall grant Commissions, to wear no other Colours than such as are described in an Order of Council of the seventh of January 1730, in relation to Colours to be worn by all Ships and Vessels, except Our Ships of War.

69. And whereas there have been great Irregularitys in the manner of granting Commissions in the Plantations to private Ships of War, You are to govern yourself, whenever there shall be Occasion, according to the Commissions and Instructions granted in this Kingdom; But you are not to grant Commissions of Marque or Reprizal against any Prince or State, or their Subjects, in Amity with Us, to any Person whatsoever, without Our special Command.

70. Whereas We have been informed that, during the time of War, Our Enemies have frequently got Intelligence of the State of Our Plantations by Letters from private Persons to their Correspondents in Great Britain, taken on board Ships coming from the Plantations, which has been of dangerous Consequence; Our Will and Pleasure therefore is, that you signify to all Merchants, Planters and Others, that they be very cautious, in time of War, whenever that shall happen, in giving any Accounts by Letters of the public State and Condition of Our Province under your Government; And you are further to give Directions to all Masters of Ships, or other Persons to whom you may entrust your Letters, that they put such Letters into a Bag, with a sufficient weight to sink the same immediately in Case of imminent danger from the Enemy; And you are also to let the Merchants and Planters know, how greatly it is for their Interest that their Letters should not fall into the Hands of the Enemy, and therefore that they should give like Orders to Masters of Ships in relation to their Letters; And you are further to advise all Masters of Ships, that they do sink all Letters, in case of Danger, in the Manner before mentioned.

71. And whereas, in Time of War, the Merchants and Planters in Our Plantations in America did correspond and trade with Our Enemies, and carry Intelligence to them, to the great Prejudice and Hazard of Our said Plantations; You are therefore by all possible Methods to endeavour to hinder such Trade and Correspondence in Time of War.

72. And You are to report to Us, by Our Commissioners for Trade and Plantations, — 

What is the Nature of the Soil and Climate of the Province under your Government. If it differs in these Circumstances from Our other Northern Colonies, in what that Difference consists? And what beneficial Articles of Commerce the different Parts of it are capable of producing?

What Rivers there are, and of what Extent and Convenience to the Planters?

What are the principal Harbours; how situated, of what Extent; and what is the Depth of Water, and Nature of the Anchorage in each of them?

What Quantity of Land is now under actual Improvement and Settlement? What are the chief Articles of Produce and Culture; the annual amount of the Quantity of each; and upon what Terms and Conditions the Inhabitants hold their Lands, either of Cultivation, Rent, or Personal Service?

What is the Quantity, Nature and Property of the Land uncultivated; how much of it is capable of Culture; and what part thereof is private Property?

What is the Number of Inhabitants, Whites and Blacks, distinguishing each? What Number of the Former is capable of bearing Arms, and what Number of the Latter is annually necessary to be supply'd in proportion to the Land cultivated?

What was the Nature, Form and Constitution of the Civil Government; what Judicatures were there established, and under what Regulations did the French Inhabitants carry on their Commerce?

73. You are from time to time to send unto Us, by Our Commissioners for Trade and Plantations, as aforesaid, an Account of the Increase and Decrease of the Inhabitants, Whites and Blacks, and also an Account of all Persons born, christened and buried.

74. Whereas it is absolutely necessary, that We be exactly informed of the State of Defence of all Our Plantations in America, as well in relation to the Stores of War that are in each Plantation, as to the Forts and Fortifications there; and what more may be necessary to be built for the Defence and Security of the same; You are as soon as possible to prepare an Account thereof with relation to Our said Province in the most particular manner; And You are therein to express the present State of the Arms, Ammunition and other Stores of War, belonging to the said Province, either in public Magazines, or in the Hands of private Persons; together with the State of all Places, either already fortified, or that you judge necessary to be fortified for the Security of Our said Province; And you are to transmit the said Accounts to Our Commissioners for Trade and Plantations, as also a Duplicate thereof to Our Master General or principal Officers of Our Ordnance; Which Accounts are to express the Particulars of Ordnance, Carriages, Balls, Powder, and other Sorts of Arms and Ammunition in Our public Stores, and so from time to time of what shall be sent you, or bought with the public Money, and to specify the Time of the Disposal, and the Occasion thereof: And You are half yearly to transmit a general Account of the State of the Fortifications and Warlike Stores, specify'd in the manner above mentioned.

75. You are from time to time to give an Account, what Strength your Neighbours have by Sea and Land, and of the Condition of their Plantations, and what Correspondence You keep with them.

76. And in case of any Distress of any other of Our Plantations, You shall, upon Application of the respective Governors thereof unto you, assist them with what Aid the Condition and Safety of Our Province under Your Government can spare.

77. If anything shall happen, which may be of Advantage or Security to Our Province under your Government, which is not herein, or by your Commission provided for, We do hereby allow unto you, with the Advice and Consent of Our Council, to take Order for the present therein, giving unto Our Commissioners for Trade and Plantations speedy Notice thereof, in order to be laid before Us, that you may receive Our Ratification, if We shall approve the same: — provided always, that you do not, by Colour of any Power or Authority hereby given you, commence or declare War without Our Knowledge and particular Commands therein.

78. And whereas We have, by the second Article of these Our Instructions to you, directed and appointed that your chief Residence shall be at Quebec; you are nevertheless frequently to visit the other parts of your Government, in order to inspect the Management of all public Affairs, and thereby the better to take Care, that the Government be so administered, that no disorderly Practices may grow up contrary to Our Service and the Welfare of Our Subjects.

79. And whereas great Prejudice may happen to Our Service, and the Security of the Province, by your Absence from those Parts, You are not, upon any Pretence whatsoever, to come into Europe, without having first obtained Leave for so doing from Us under Our Sign Manual and Signet, or by Our Order in Our Privy Council; Yet nevertheless in case of Sickness, You may go to South Carolina, or any other of Our Southern Plantations, and there stay for such Space as the Recovery of your Health may absolutely require.

80. And whereas We have thought fit by Our Commission to direct, that in case of your Death or Absence, and the Death or Absence of Our Lieutenant Governors of Montreal and Trois Rivieres, and in Case there be at that time no Person within Our said Province, commissionated or appointed by Us to be Commander in Chief, that the Eldest Councillor, who shall be at the time of your Death or Absence, or at the Death or Absence of Our Lieutenant Governors, as aforesaid, residing within Our said Province under your Government, shall take upon him the Administration of Government, and execute Our said Commission and Instructions, and the several Powers and Authorities therein directed; It is nevertheless Our express Will and Pleasure, that in such Case the said President shall forbear to pass any Act or Acts, but what are immediately necessary for the Peace and Welfare of the said Province, without Our particular Order for that purpose; And that he shall not remove or suspend any of the Members of Our Council, nor any Judges, Justices of the Peace, or other Officers Civil or Military, without the Advice and Consent of at least Seven of the Members of Our said Council, nor even then without good and sufficient Reasons for the same, which the said President is to transmit, signed by himself and the rest of Our said Council, to Our Commissioners for Trade and Plantations, by the first Opportunity in order to be laid before Us.

81. And whereas We are willing in the best manner to provide for the Support of the Government of Our Province aforesaid, of which You are Governor, by setting apart sufficient Allowances to such as shall be Our Governor or Commander in Chief, residing for the time being within the same; Our Will and Pleasure is, that when it shall happen that you are absent from Our said Province, One full Moiety of the Salary, and all Perquisites and Emoluments whatsoever, which would otherwise become due unto You, shall, during the time of your Absence, be paid and satisfied unto Our Commander in Chief, who shall be resident within Our said Province for the Time being; which We do hereby order and allot unto him for his Maintenance, and for the better Support of the Dignity of that Our Government.

82. And You are upon all Occasions to send unto Our Commissioners for Trade and Plantations only, a particular Account of all your Proceedings, and of the Condition of Affairs within your Government, in order to be laid before Us: provided nevertheless, whenever any Occurrences shall happen within your Government of such a Nature and Importance as may require Our more immediate Directions by One of Our Principal Secretaries of State and also upon all Occasions and in all Affairs wherein you may receive Our Orders by One of Our Principal Secretaries of State, you shall in all such Cases transmit to Our Secretary of State only an Account of all such Occurrences, and of your Proceedings relative to such Orders: — 

G. R.


Copy from Public Record Office, Col. O. Plantations, 1763-1766: in Canadian Archives, M, 230, p. 1.

This Treaty of London, had reference only to the dominions of the two Crowns in America. It is given in full in Collection de Documents Relatifs à l'Histoire de la Nouvelle-France. Vol. I, p. 372.

ORDINANCE ESTABLISHING CIVIL COURTS.[45]

An ORDINANCE, for regulating and establishing the Courts of Judicature, Justices of the Peace, Quarter-Sessions, Bailiffs, and other Matters relative to the Distribution of Justice in this Province.[46]

Whereas it is highly expedient and necessary, for the well governing of His Majesty's good Subjects of the Province of Quebec, and for the speedy and impartial Distribution of Justice among the same, that proper Courts of Judicature, with proper Powers and Authorities, and under proper Regulations, should be established and appointed:

His Excellency the Governor, by and with the Advice, Consent and Assistance of His Majesty's Council, and by Virtue of the Power and Authority to him given by His Majesty's Letters Patent, under the Great Seal of Great-Britain, hath thought fit to Ordain and Declare; and his said Excellency, by and with the Advice, Consent and Assistance aforesaid, Doth hereby Ordain and Declare,

That a Superior Court of Judicature, or Court of King's Bench, be established in this Province, to sit and hold Terms in the Town of Quebec, twice in every Year, viz. One to begin on the Twenty-first Day of January, called Hillary Term, the other on the Twenty-first Day of June, called Trinity Term.

In this Court His Majesty's Chief-Justice[47] presides, with Power and Authority to hear and determine all criminal and civil Causes, agreeable to the Laws of England, and to the Ordinances of this Province; and from this Court an Appeal lies to the Governor and Council, where the Matter in Contest is above the Value of Three Hundred Pounds Sterling; and from the Governor and Council an Appeal lies to the King and Council, where the Matter in Contest is of the Value of Five Hundred Pounds Sterling or upwards,

In all Tryals in this Court, all His Majesty's Subjects in this Colony to be admitted on Juries without Distinction.[48]

And His Majesty's Chief-Justice, once in every Year, to hold a Court of Assize, and General Goal-Delivery, soon after Hillary Term, at the Towns of Montreal[49] and Trois-Rivières, for the more easy and convenient Distribution of Justice to His Majesty's Subjects in those distant Parts of the Province.

And whereas an inferior Court of Judicature, or Court of Common-Pleas,[50] is also thought necessary and convenient, It is further Ordained and Declared, by the Authority aforesaid, That an inferior Court of Judicature, or Court of Common-Pleas, is hereby established, with Power and Authority, to determine all Property above the Value of Ten Pounds, with a Liberty of Appeal to either Party, to the Superior Court, or Court of King's-Bench, where the Matter in Contest is of the Value of Twenty Pounds and upwards.

All Tryals in this Court to be by Juries,[51] if demanded by either Party; and this Court to sit and hold two Terms in every Year at the Town of Quebec, at the same Time with the Superior Court, or Court of King's-Bench. Where the Matter in Contest in this Court is above the Value of Three Hundred Pounds Sterling, either Party may (if they shall think proper) appeal to the Governor and Council immediately, and from the Governor and Council an Appeal lies to the King and Council, where the Matter in Contest is of the Value of Five Hundred Pounds Sterling or upwards.

The Judges in this Court are to determine agreeable to Equity, having Regard nevertheless to the Laws of England, as far as the Circumstances and present Situation of Things will admit, until such Time as proper Ordinances for the Information of the People can be established by the Governor and Council, agreeable to the Laws of England.

The French Laws and Customs to be allowed and admitted in all Causes in this Court, between the Natives of this Province, where the Cause of Action arose before the first Day of October, One Thousand Seven Hundred and Sixty-four.

The first Process of this Court to be an Attachment against the Body.

An Execution to go against the Body, Lands or Goods of the Defendant.

[52]Canadian Advocats, Proctors, &c. may practise in this Court.

And whereas it is thought highly necessary for the Ease, Convenience and Happiness of all His Majesty's loving Subjects, That Justices of the Peace should be appointed for the respective Districts of this Province, with Power of determining Property of small Value in a summary Way, It is therefore further Ordained and Declared, by the Authority aforesaid, and full Power is hereby Given and Granted to any one of His Majesty's Justices of the Peace, within their respective Districts, to hear and finally determine in all Causes or Matters of Property, not exceeding the Sum of Five Pounds current Money of Quebec, and to any two Justices of the Peace, within their respective Districts, to hear and finally determine in all Causes or Matters of Property, not exceeding the Sum of Ten Pounds said Currency, which Decisions being within, and not exceeding the aforesaid Limitation, shall not be liable to an Appeal; and also full Power is, by the Authority aforesaid, Given and Granted, to any three of said Justices of the Peace to be a Quorum, with Power of holding Quarter-Sessions in their respective Districts every three Months, and also to hear and determine all Causes and Matters of Property which shall be above the Sum of Ten Pounds, and not exceeding Thirty Pounds current Money of Quebec, with Liberty of Appeal to either Party to the Superior Court, or Court of King's-Bench: And it is hereby Ordered, That the aforesaid Justices of the Peace do issue their Warrants, directed to the Captains and other Officers of the Militia in this Province, to be by them executed, until the Provost-Marshal, legally authorised by His Majesty, shall arrive, and other inferior Officers be appointed for that Purpose; all Officers, Civil and Military, or other His Majesty's loving Subjects, are hereby commanded and required to be aiding and assisting to the said Justices and Officers of Militia in the due Execution of their Duty. And it is further Ordered and Directed, by the Authority aforesaid, That two of the said Justices of the Peace do sit weekly in Rotation, for the better Regulation of the Police, and other Matters and Things in the Towns of Quebec and Montreal, and that the Names of the Justices who are to sit in each Week, be posted up on the Door of the Session-House by the Clerk of the Peace, two Days before their respective Days of Sitting, that all Persons may know to whom to apply for Redress.

And whereas there are not at present a sufficient Number of Protestant Subjects, resident in the intended District of Trois-Rivieres, qualified to be Justices of the Peace, and to hold Quarter-Sessions, It is therefore further Ordained and Declared, by the Authority aforesaid, That from henceforth this Province shall be divided into two Districts, to be known and called by the Names of Quebec and Montreal, for the Time being, and until there may be a competent Number of Persons settled at or near Trois-Rivieres, duly qualified to execute the Office of Justices of the Peace, and the Power of holding such Quarter-Sessions above-mentioned, or until His Majesty's Pleasure be known in that Behalf; and that the said two Districts be divided and bounded by the River Godfroy on the South, and by the River St. Maurice on the North Side.

And whereas it is thought very expedient and necessary, for the speedy and due Execution of the Laws, and for the Ease and Safety of His Majesty's Subjects, That a sufficient Number of inferior Officers should be appointed in every Parish throughout this Province; It is therefore Ordered, by the Authority aforesaid, That the Majority of the Householders, in each and every Parish, do, on the Twenty-fourth Day of June, in every Year, elect and return to the Deputy-Secretary, within fourteen Days after such Election, six good and sufficient Men to serve as Bailiffs[53] and Sub-Bailiffs in each Parish, out of which Number the King's Governor, or Commander in Chief for the Time being, with the Consent of the Council, is to nominate and appoint the Persons who are to act as Bailiffs and Sub-Bailiffs in each Parish; and such Nomination or Appointment is to be notified by the Deputy-Secretary to the respective Parishes, and also published in the Quebec-Gazette, some Time in the last Week in August in every Year; and the said Bailiffs and Sub-Bailiffs, so nominated as aforesaid, are to enter upon, and begin to execute their respective Offices on the Twenty-ninth Day of September in every Year.

No Person to be elected a second Time to the same Office, except the whole Parish has served round, or that those who have not, are laid aside for some material Objection, which must be supported by Proof: But that there may never be an entire Set of new Officers at one Time, but that those who remain may be able to instruct those who enter into Office, one of those Persons who served as Sub-Bailiffs in each Parish, to be elected and nomiated Bailiffs of said Parish the ensuing Year.

If a Bailiff dies in his Office, the Governor, or Commander in Chief, will nominate one of those returned by said Parish to serve as Sub-Bailiffs for the Remainder of the Year; and when a Sub-Bailiff happens to die in Office, the Bailiffs shall assemble the Parish upon the next publick Feast Day insuing his Decease, who shall proceed to elect and return, as aforesaid, another Sub-Bailiff.

The Election of Bailiffs and Sub-Bailiffs for this present Year, to be on the Twentieth Day of October; their Names to be returned immediately after the Election: Their Nomination will be notified and published by the Deputy-Secretary as soon as may be, and they shall enter upon, and begin to execute their respective Offices, on the First Day of December, but all Elections, &c. after this Turn, shall be upon the Days and Times abovementioned and appointed for that Purpose.

The Bailiffs are to oversee the King's High-ways and the publick Bridges, and see that the same are kept in good and sufficient Repair; to arrest and apprehend all Criminals, against whom they shall have Writs or Warrants, and to guard and conduct them through their respective Parishes, and convey them to such Prisons or Places as the Writ or Warrant shall direct: They are also to examine all Bodies that are exposed, and on whom any Marks of Violence appear, in Presence of five reputable Householders of the same Parish, whom he is hereby impowered to summons to inspect the same, and report in Writing the State and Circumstances thereof to the next Magistrate, that a further Examination may be made therein if necessary; but this to be done only where the Coroner cannot by any Possibility attend, which in this extensive Province may frequently happen.

Where any Disputes happen concerning the Breaking or Repairing of Fences, upon Complaint made to the Bailiff, he shall summons the Defendant, who is to choose three indifferent Persons, and the Plaintiff three more, and these six, the Bailiff presiding, to decide the Dispute; from their Sentence either Party may appeal to the Quarter-Sessions; the Person found in Fault to pay One Shilling and no more, to the Person who shall draw up the Decision.

These Bailiffs to be sworn into their Office by the next Justice of the Peace, as soon as may be after their Nomination as aforesaid, and the said Oath to be returned to the next Quarter-Sessions by such Justice.

GIVEN by His Excellency the Honourable JAMES MURRAY, Esq.; Captain-General and Governor in Chief of the Province of Quebec, and Territories thereon depending in America, Vice Admiral of the same, Governor of the Town of Quebec, Colonel-Commandant of the Second Battalion of the Royal American Regiment, &c. &c. In Council, at Quebec, the 17th of September, Anno, Domini, 1764, and in the Fourth Year of the Reign of our Sovereign Lord GEORGE the III, by the Grace of God of Great-Britain, France, and Ireland, KING, Defender of the Faith, &c. &c.

JA: MURRAY.

By Order of His Excellency in Council,

     J. Gray, D. Secry


The text of this ordinance is taken from, "Ordinances, Made for the Province of Quebec, by the Governor and Council of the said Province, since the Establishment of the Civil Government. Quebec. 1767." This has been compared with the copy in the Canadian Archives, vol. Q 62 A, pt. 2. p. 500.

This and the other ordinances of the period were passed under the authority of the Proclamation of Oct. 8th, 1763, together with the Commission and Instructions given to Governor Murray. Civil Government was not formally established in Canada until Aug. 10th, 1764. This was due to the terms of the Treaty of Paris, of 10th Feb., 1763, which specified that eighteen months were to be allowed for those French-Canadians who cared to leave the country to do so.

The first Chief Justice of Canada was William Gregory, appointed in 1764.

Accompanying the copy of this ordinance sent to the Home Government, were certain explanatory observations, in which Governor Murray states his reasons for introducing various features. On this clause his observation is as follows: — "As there are but Two Hundred Protestant Subjects in the Province, the greatest part of which are disbanded Soldiers of little Property and mean Capacity, it is thought unjust to exclude the new Roman Catholic Subjects to sit upon Juries, as such exclusion would constitute the said Two hundred Protestants perpetual Judges of the Lives and Property of not only Eighty Thousand of the new Subjects, but likewise of all the Military in the Province; besides if the Canadians are not to be admitted on Juries, many will Emigrate: This Establishment is therefore no more than a temporary Expedient to keep Things as they are until His Majesty's Pleasure is known on this critical and difficult Point." Q 62 A, pt. 2, p. 500.

Governor Murray's observation: — "We find, which was not at first apprehended, that the Court of Assize proposed to be held at Montreal Twice every year, will be attended with too much Expense to the Crown, and therefore that Establishment shall be corrected." Ibid. p. 502.

Governor Murray's observation: — "The Court of Common Pleas is only for the Canadians; not to admit of such a Court until they can be supposed to know something of our Laws and Methods of procuring Justice in our Courts, would be like sending a ship to sea without a Compass; indeed it would be more cruel — the ship might escape, Chance might drive her into some hospitable Harbour, but the poor Canadians could never shun the Attempts of designing Men, and the Voracity of hungry Practitioners in the Law; they must be undone during the First Months of their Ignorance; if any escaped, their Affections must be alienated and disgusted with our Government and Laws" Ibid. p. 502.

Governor Murray's observation: — "It is necessary to Observe that the few British Traders living here, of which not above Ten or Twelve have any fixed Property in this Province, are much dissatisfied because we have admitted the Canadians on Juries; the Reason is evident, their own Consequence is thereby bounded. But the Practitioners in the English Law have probably put them out of Humour with the Court of Common Pleas (which they are pleased to call unconstitutional:) Ibid. p. 503.

Governor Murray's observation: — "We thought it reasonable and necessary to allow Canadian Advocates and Proctors to practice in this Court of Common Pleas only (for they are not admitted in the other Courts) because we have not yet got one English Barrister or Attorney who understands the French Language." Ibid. p. 504. See also, in connection with this and the previous note, Murray's letter to the Lords of Trade, Oct. 29th, 1764, p. 231 and the petition of the Quebec Traders to the King, p. 232.

Governor Murray's observation: — "We called them Bailiffs, because the Word is better understood by the New Subjects than that of Constable." Ibid. p. 510.

Governor Murray to the Earl of Halifax.[54]

Quebec 15th Octr 1764

My Lord When the Commission His Majesty had been gratiously pleased to honor me with as Governor of this Province arrived at Quebec, The Gentlemen who had till then acted as Lieut Governors of Montreal and Trois Rivieres chose Still to Continue so in their Military Capacitys, and declared I could have no Command over the Troops in their respective Districts.[55]

The Regard I have for my Royal Masters Service which must ever make me Studious to Obviate, any real or possible Motive of Dissagreement, amongst his officers, induced me to Wave a Right which appeared to myself plain, incontestable, and indeed necessary for the Governor of this Province; I however laid the same before the Commander in Chief, and at the same time sent him a Coppy of my Military Commission, as Governor of the Town and Dependencies of Quebec, Coppys of the Letters which have pass'd on this Occasion, I have the honor to lay before your Lordship; And as I plainly forsee Mr Gage[56] means, to divest me of all Military Authority, I should be Deficient in my Duty was I not to represent to your Lordship the Inconveniencys to His Majestys Service, which in my Opinion, must necessarily happen from such a Step.

It must be allowed that without a Military Force this lately Conquerd Province cannot be Govern'd, there doeth not exist in it above One hundred protestant Subjects exclusive of the Troops, And by my instructions of these hundred Protestants must be composed the Magistracy, But what Force, what weight, can such a Magistracy have, unless the Supreme Magistrate has the Disposition of the Military Force; if he has not, it is to be apprehended that the People will be oppressd by the Soldiery, that the Civil Governor, and his Officers, will become Contemptable, and in place of being the means of preserveing order, and promoteing the happiness of the Subject, they may from the Natural Jealousy that such an Establishment will produce become the bane of Peace, As the weak efforts they will of course make in Support of their Authority, can be productive of Nothing but Vexation, and Confusion.

The Canadians are to a man Soldiers, and will naturally conceive that he who Commands the Troops, should govern them; I am convinced at least it will be easyer for a Soldier to introduce and make palateable to them Our Laws, and Customs, than it can be for a Man degraded from the Profession of Arms; It may be impertinent to say more on a Subject I think so obvious, I have only therefore to entreat your Lordship may be assured that this Remonstrance proceeds from Nothing, but the desire, and Anxiety I have to execute the trust reposed in me, with Propriety, and to the Satisfaction of His Majesty, and his Servants.

I by no means think it right, That the Governor of Quebec should be upon the American Staff. His Appointments are no doubt Sufficient to Support the Dignity of his Office, and the Occupations of it, will necessaryly require his immediate Attendance in the Province, Whereas that of the General Officers of this Establishment will beyond a doubt be necessary in the upper Countrys, where the Posts to watch the Indians, and to regulate the Trade with them will be established; All I plead for is the necessity of having the Disposition of the Troops destined for the Security of the Province intrusted to my care, that they may pay me the usual Complements, and receive from me the Parole; I doe not even desire to interfere with the Œconomy of those Troops, that may be left to the Senior Officer in the Province or the nearest Brigadier upon the Staff. If however for reasons I do not forsee, His Majesty shal think it expedient that no Civil Governor in America shal have any Military Command, I have only to Lament my Singular ill fortune, in being the first Man upon the Spot with his Regiment, and that in his own Garrison too, who was Commanded by a Junior Officer, in a Country where he had the honor to exert his Military facultys to the Satisfaction of His Royal Sovereigns.[57]

I have the honor to be with the utmost Truth and Regard My Lord,

Your Lordship's most Oblidged, most Obedient, and most

faithfull humble Servant

JA: MURRAY

To the Right Honble

     The Earl of Hallifax


From Public Record Office, as copied in Canadian Archives, vol. Q 2, p. 206.

The friction which developed between Murray at Quebec and Gage and Burton at Montreal and Three Rivers, and afterwards Burton and Haldimand at these places, is evidenced in numerous letters between these officers and with the Home Government, as given in various volumes of the Haldimand Papers, e. g. B 1, B 2, B 6, B 9, and in Q 2, in Canadian Archives.

In Aug. 1763, upon Sir Jef. Amherst being granted leave to return to Britain, Maj. Gen. Gage was appointed, for the time, Commander in Chief of the Forces in America. In Sept., 1764, Sir Jef. Amherst having decided not to return to America, Gen. Gage received his regular Commission as Commander in Chief. See Calendar of Home Office Papers, 1760-1765, Nos. 967 & 1449.

In another letter to Halifax, Oct. 30, 1764, complaining of the interference of Gage and Burton, Murray attributes their attitude to jealousy of his promotion to be Governor of Quebec, and suggests that Burton should be removed from his command at Montreal. Replying to his representations, Halifax informs Murray, in his despatch of Jan. 12, 1765, that no change is to be made in the system of military commands in North America, but that Burton had been instructed not to interfere in civil affairs. See Canadian Archives vol. Q 2, pp. 337 & 342.

PRESENTMENTS OF THE GRAND JURY OF QUEBEC.[58]

Presentments of Octr Sessions made at a Continuance thereof by Adjournment held at the Sessions house in the City of Quebec the 16th Octr 1764 by the Grand Jury in, and for the said District represent.

1. That the Great Number of inferior Courts establish'd in this province with an intention to administer Justice are tiresome litigious and expensive to this poor Colony as they very often must be attended with the disagreeable necessity of appeals and of course of many exorbitant fees.

2d The Great number appointed Justices of the Peace out of so few men of Character legally qualified, and fit to be trusted with determining the liberty and property of his Majesty's Subjects to serve their Country as Jurors, is Burthensome and not practised in other Infant Colonys like this. It can answer no good end, to waste mens time, in attending on Courts where no man is upon the Bench qualified to explain the Law, and sum up the Evidences to the Jury, to prevent its being misled by the Barristers.

4. That in the Southern Colonies, where men qualified to serve the publick are scarce, there are no Jurys calld but when the Chief Justice of the province presides, therefore neither the Lives nor Libertys of his Majesty's Subjects, nor any property above the value of 3£ Sterlg are left finally to the decision of the Justices of the Peace, and for the easy and speedy dispatch of Justice there are Annually held three Courts of Common pleas and Two of Sessions or assizes, where Jurys are summon'd in Rotation from the different parts of the province and return'd by Ballots, Yet we are of opinion from the present state of this Colony it would be reasonable to Authorize any three of his Majesty's Justices of the Peace finally to determine the fate of any sum not exceeding Ten pounds without Jury or appeal.

5. We represent also as a very great grievance that the market places are converted into Hutts, Stalls &c. for Nurserys of Idlers, who would out of Necessity be employ'd in several Branches of Industry, such as Fishing Farming &ca if not permitted contrary to good policy to occupy and infest the publick Ground.

6. Giving away and turning the Kings Batterys Docks and Wharfs into private property, or suffering them to be so occupy'd, are great Grievances to the Inhabitants of this province.

7. We recommend the exertion of the Laws of the Mother Country for the due observance of the Sabbath that the same may not longer be profaned, by selling, buying keeping open shops, Balls, Routs, Gaming or any other Idle Divertions, for the better accomplishing of which, a Learned Clergyman of a moral and exemplary Life, qualified to preach the Gospel in its primative purity in both Languages would be absolutely necessary.

8. From the sense of the nature of Oaths administred to Jurys as also of the consequences of the matters that may occur for discussion, We in Justice to Ourselves and our fellow subjects, are resolved never more to sit as Jurors at any Court where some man sufficiently versed in the Law does not preside.

9. We represent that as the Grand Jury must be consider'd at present as the only Body representative of the Colony, they, as British Subjects, have a right to be consulted, before any Ordinance that may affect the Body that they represent, be pass'd into a Law, And as it must happen that Taxes be levy'd for the necessary Expences or Improvement of the Colony in Order to prevent all abuses & embezlements or wrong application of the publick money.

10. We propose that the publick Accounts, be laid before the Grand Jury, at least twice a year to be examined and Check'd by them and that they may be regularly settled every Six months before them, which practice strictly adhered to, will very much prevent the abuses and confusion, too common in these matters.

11. An Ordinance[59] pass'd by the Govr in Council confirming and rendring valid all Decrees of the different military Councils erected in this province before the establishmt of the Civil Law[59] may be amended by allowing an Appeal to any of the Civil Courts, if the matter decided in any of the Military Courts exceed the sum of Ten pounds.

12. The Ordinance made by the Governor and Council for establishing Courts of Judicature in this province[60] is grievous and some Clauses of it, We apprehend to be unconstitutional, therefore it ought forthwith to be amended to prevent his Majesty's Subjects being aggrieved any longer thereby.

13. proper regulations regarding the measurement & quality of Fire wood are wanted as well as the following articles. Vizt

For regulating Carts and Carriages of every kind.

For clearing and keeping clean the public streets Docks and Landing places.

For sweeping Chimnies to prevent accidents by Fire.

For establishing a publick protestant school and a Poor house.

14. For suppressing gaming houses, in particular that of the Quebec Arms kept by John King in the lower Town, which we have been informed has been very particularly countenanced; and which we ourselves present, from our own Knowledge as a notorious nusance, and prejudicial to the Industry and Trade of this City.

15. Also for the preventing for the future any abuses Arising from (and for the amending of) that well intended order for carrying Lanthorns in the night time, that regular people going about their Lawful Business without giving Disturbance to the publick quiet, may not be liable to Imprisonments, by Sentrys serjeants or Officers.

James Johnston, Foreman
John LymburnerSaml Sills
 —  —  Dumond —  —  Perrault
John Danser —  —  Poney
 —  —  CharestAlexe McKinzie
 —  —  TachetPhil. Payn
Saml DuncanThos. Story
Peter FaneiulGilbert McRanddle
Geo. FraltonA Dumas.
Danl BayneBoisseau
Thos AylwynAmiott

That. Among the many grievances which require redress this seems not to be the least, that persons professing the Religion of the Church of Rome do acknowledge the supremacy and jurisdiction of the Pope, and admit Bulls, Briefs, absolutions &ca from that see, as Acts binding on their Consciences, have been unpannelld, en Grand and petty Jurys even where Two protestants were partys, and whereas the Grand Inquest of a County City or Borough of the Realm of Great Britain, are obliged by their Oath to present to a Court of Quarter Sessions or assises, what even appears an open violation of the Laws and Statutes of the Realm, any nusance to the subjects or Danger to his Majesty's Crown and dignity and Security of his Dominions. We therefore believe nothing can be more dangerous to the latter than admitting such persons to be sworn on Jurys, who by the Laws are disabled from holding any Office Trust or Power, more especially in a Judicial Capacity, with respect to which above all other, the Security of his majesty, as to the possession of his Dominions and of the subject as to his Liberty, property and Conscience is most eminently Concern'd.

That. By the Definitive Treaty the Roman Religion was only tolerated in the province of Quebec so far as the Laws of Great Britain admit, it was and is enacted by the 3d Jams 1st Chapr 5th Section 8th no papist or popish Recusant Convict, shall practice "the Common Law, as a Councellor, Clerk, Attorney, or Sollicitor nor shall practice the Civil Law, as Advocate or proctor, nor practice physick, nor be an apothecary, nor shall be a Judge, Minister, Clerk or Steward of or in any Court, nor shall be Register or Town Clerk or other Minister or Officer in any Court, nor shall bear any office or charge, as Captain, Lieutenant, Serjeant, Corporal, or Antient Bearer or Company of Soldiers nor shall be Captain, Master, or Governor, or bear any office of Charge, of or in any Ship, Castle or Fortress, but be utterly disabled for the same, and every person herein shall forfeit one hundred pounds; half to the King and half to him that shall sue." We therefore believe that the admitting persons of the Roman Religion, who own the authority, supremacy and Jurisdiction or the Church of Rome, as Jurors, is an open Violation of our most sacred Laws and Libertys, and tending to the utter subversion of the protestant Religion and his Majesty's power authority, right, and possession of the province to which we belong.

That — so many Gentlemen of the Army and in actual service exercising any Judicial Authority, to be unconstitutional nothing but necessity by the want of a sufficient number of subjects qualify'd for the purpose, can excuse, even in a new Country, such an unwarrantable incroachment on the establish'd maxims of a British Government.

The foregoing Representations of Grievances abuses and nusances, we the Grand Jurors of the District of Quebec, believe it our indispensable duty to make from the nature of Our Oath and charge, and from the informations presented to us, as well as what occurs to our own observations, and do strongly recommend the same for redress to all those who by their Sacred Oath, are bound to redress them.

Jas Johnston Foreman
Thos StoryJno Lymburner
Alexr McKinziePhil. Payne
Saml SillsPeter Farneuil
Saml DuncanJno Danser
Danl BayneGilbert McRandall
Geo. FultonA. Dumas
Thos Alwin 

[61]As the presentment made by the protestant members of the Jury, wherein the impannelling of Roman Catholicks upon Grand petty Juries, even where two protestants are the parties, is complained of. As this very presentment has been openly & ungenerously used as a handle to set his Majesty's old & new Subjects at varience in this province, we cannot help endeavourg to set the public right in this particular in which they have been so grossly imposed on: What gave birth to this presentmt. was the following short, but pithy Paragraph, in the Ordinance of the 17th Day of Septr last.

"In all Tryalls in this Court all his Majesty's Subjects in this Colony to be admitted on Juries without any distinction:" This is qualifying the whole province at once for an Office which the best & most sensible people in it are hardly able to discharge: It then occur'd to the Jury that was laying a Subjects life, liberty & property too open, & that both old & new Subjects might be apprehensive of the consequence from the unlimited admission of Jurymen His Majesty's lately acquired Subjects cannot take it amiss, that his ancient subjects remonstrate agt this practice as being contrary to the laws of the realm of England, the benefit of which they think they have a right to, nor ought it to give offence when they demand that a protestant Jury should be impannelled when the litigating parties are protestants such were the real motives of the Presentment, and we can aver that nothing further was meant by the quotation from the Statute.

That the subscribers of the presentment meant to remove every Roman Catholick from holding any office or filling any public employment is to all intents and purposes a most vile groundless insinuation & utterly inconsistent: Sentiments & intentions such as these we abhor, & are only sorry that principles do not allow us to admit Roman Catholicks as Jurors upon a cause betwixt two protestants; perhaps theirs hold us in the same light in a Case betwixt two Catholicks, and we are very far from finding fault with them, the same liberty that we take of thinking for ourselves we must freely indulge to others.


Canadian Archives; Dartmouth Papers, vol. 1, p. 29. It will be observed that the criticism is largely directed against certain features of the Ordinance of Sept. 17, 1764.

For this ordinance see "Ordinances, Made for the Province of Quebec, by the Governor and Council &c. Que., 1767." p. 16.

This is the Ordinance of Sept. 17, 1764, given at p. 205.

This document not dated, but it was evidently prepared some time after the former presentments as it replies to criticisms passed upon them.

STATEMENT BY FRENCH JURORS IN REFERENCE TO THE FOREGOING PRESENTMENTS.[62]

Charrest, Amiot, Tachet, Boisseaux, Poney, Dumont, & Perrault nouveaux Sujets, Grand Jurés dans les districts de Quebec ayant demandés a S. Ece en Conseil la Traduction en François de deux Deliberations faites en Anglois en la Maison du Trois Canons tous les Jurés Assemblée dont une Signée 16me Octre present Mois des requerants ainsi que des autres Jurés et l'autre Signée des Jurés Anciens Sujets entendant l'Anglois seulement; et les ayant obtenües, ils se sont cru obligés de dire le part qu'ils avoient dans les articles qui composent la premiere Deliberation.

Ils commencent par dire qu'avant la Signature de cette Deliberation il y avoit eu Plusieurs Assemblées, ou Il avoit été question de faire Plusieurs Coupons de Representations sur des feuilles volantes et dont les requerants n'ont eu connoissance que d'une Partie et dont Plusieurs entre celles dont ils ont eu connoissance avoient etés abattuës et rejettées par les Requerants que de toutes les feuilles il fût fait un Precis indubitablement, et que lors qu'il fut fait, il nous fût offert pour le Signer sans qu'il nous fût interpreté, mais seulement, lû en Anglois, que sur la Representation qui fût faite par quelqu'uns de nous, afin qu'il nous fût lû, il nous fut repondu que ce precis n'etoit que le Resumé, des Coupons des Articles proposés et Acceptés dans les Seances dernieres et que le Tems pressoit pour les Porter, et que c'etoit fort inutile.

Ils vont donc d'etailler la part qu'ils ont dans ces differents Articles qui composent cette Deliberation.

1 Article. Non seulement nous n'avons eu aucune connoissance de cet Article, mais même nous nous serions opposé de toutes nos forces à cette proposition comme contraire aux Interêt des Colons nouveaux Sujets de S. M. et comme opposé au Sage Arrêt du Gouverneur et conseil qui voyant la necessité d'etablir une Jurisdiction ou les Nouveaux Sujets, pussent trouver an Azile pour y étre jugés, de francois à francois suivant les Usages, Anciens, et dans leur Langue a été encore sollicité depuis par une Requête de nommer le Juge de cette Jurisdiction, et que les Requerans avoient signés eux mêmes comme Citoyens; outre la facilité qu'ils auront a etre Jugés dans cette Jurisdiction, ils gagneront plus de la moitié des frais.

2. 3. 4. Artes Nous n'avons point compris ces Articles si ils nous ont eté interpretés, et nous ignorons ce qui ce passe dans les differentes Colonies, nous n'avons eu garde de proposer aucuns Changemens de taillés dans ces Articles.

5. Nous avons entendu que les Maisons en bois, et Etaux, dans le Marché etoient contraires a la bonne Police et quelles etoient des Occasions d'incendies.

6. Nous avons proposé à l'occasion des Quais et Chantiers qu'ils fussent destinés a l'usage et la facilité du Commerce Nous pensons que quant aux Batteries qu'elles ne sont point de notre District.

7. Nous avons entendû cette Article en partie et seulement a l'occasion de l'observation du Dimanche. Mais il ne nous a absolument point été expliqué la Proposition d'avoir un Ministre pour precher dans les deux langues l'Evangile.

8. Nous n'avons aucunes Connoissances que cet Article aye été mis en Deliberation.

9 & 10. Ces deux Articles ne nous ont point étés interpretés et nous ne sommes point assez prevoyant pour prendre des Mesures, qui nous parrissent encore fort eloignées par l'esperance ou nous sommes, qu'il ne sera question d'aucune Impôt dans cette Colonie.

11. Nous n'avons point entendu tout cette Article ainsi qu'il est expliqué, nous avons meme fait sentir, combien la Proposition de diminuer la Cour des Appels etoit prejudiciable à la Colonie, en ce que cela ouvriroit une vaste Carriere a des nouveaux procés; que les affaires passées avoient étées jugées suivant la circonstance de Tems, et que les Preuves qui pourroient avoir servies aux jugemens pourroient ne plus exister, ce qui changeroit les Affaires de face; cependant Nous Signames sur ce qu'il l'on nous dit, que cet Article etoit soumis a la volonté du Gouverneur et de son Conseil; et le S. Tachet en fit la Restriction sur une feuille volante restée en depôt, et comme Minutte; nous n'avons point entendu d'ailleurs que l'on proposa de demande une si forte diminution sur les Appels, il n'etoit question que de demander seulement un Amendement.

12. Cet Article ne nous a pas été participé et nous jugeons qu'il n'a été proposé que par ce qu'il est dit dans cette ordonnance,[63] que les Avocats Canadiens, nouveaux Sujets de S. M. pourroient exercer, cette ordonnance nous paroit d'autant plus equitable qu'il est naturel pour les nouveaux Sujets Canadiens de se servir de Personnes qu'ils entendent et de qui Ils Sont entendus, avec d'autant plus de Raisons qu'il n'y a pas un Avocat Anglois qui sçache la langue françoise, et avec lequel il ne falut un Interprette, qui ne rendroit presque jamais le vrai Sens de la Chose, d'ailleurs en quelques frais exorbitans ne se verroient pas constitué les Parties sans cette sage ordonnance qui fait la Tranquillité des families.

13. Nous avons une parfaite Connoissance des Articles qui en compose une Partie, comme la Proposition d'établir des Reglemens pour la Mesure du Bois, pour le Charetiers et Voiturages de toutes espaces, le moyen d'entretenir les Rues nettes, les Places publiques, et le quais, pour le Rammouage des Cheminés à fin de prevenir les Accidents du feu, c'est à ces seuls Articles auxquels nous avons déféré notre consentement, et notre situation presente ne nous a pas permis d'etendre nos soins plus loins.

14. Il n'a été question de parler des Maisons de Jeu que dans une conversation vague, et nous n'avons pas cru que l'on parla assez serieusement pour que cela meritat de deliberer, si on proposeroit de les denoncer comme Maisons suspectes, et particulierement celle du Nommé Roy, à qui aucuns de nous ne peut faire de crime de la Protection que lui accordent ceux qu'il a le Talent de bien Servir; au reste nous fûmes dans le cas de dire dans la conversation qui si l'on jouoit à des Heures indües, et a des Jeux proscrits par la Police, que cette Article pourroit etre representé comme pernicieux à la jeunesse, et au Commerce, mais nous n'avons absolument eu aucune Connoissance que cet Article fut dans la deliberation que nous avons signée.

15. Nous n'avons point entendu cet Article dans le Sens ou il est exposé, il s'en faut bien nous n'ignorions point que c'etoit à la demande et a la Sollicitation de la Ville, et pour la Sureté d'icelle que l'ordre de porter les Lanternes avoit été obtenu, et nous croyons qu'il est encore de la seureté de la Ville, et du bon ordre de sen servir, nous avons même repondu dans ce Gout en françois à une lettre du Gouverneur de cette Province, ce dernier Jour de notre Seance, sur ce qu'il proposoit d'etablir des Lanternes publiques, si le Coût n'en eut point été considerable, plusieurs de nos Confreres l'ont lu quoique en françois et nous ont dits qu'ils repondoient dans le même sens de leur Côté en Anglois.

Nous conçevons aisément qu'à fin d'éviter la Cacafone a l'avenir, que les Jurés Canadiens ne doivent donner leurs Sentiments qu'apres la Traduction en langue francoise des Objets sur lesquels on le leur demandera.

Par la connoissance que nous les Gd Jurés Canadiens nouveaux Sujets de S. Mte avons lû en langue francoise de la Representation que nos Confreres les Anciens Sujets grand Jurés, ait faits à la Cour de Seance, & deux Signée, aux fins de nous exclure de l'avantage de servir nous et les Notres, notre Patrie, et notre Roy; se faisant une Conscience de nous Croire inhabilles a Posseder aucun employ, n'y même a repousser et combattre les Ennemies de S. Mte nous representons la Dessus.

Que S. Mte etant instruite que tous les Sujets qui composent cette Province etoient Catholiques les a crûs habilles en la d.'qualité a preter le Serment de Fidelité, et capable par cette Raison de pouvoir etres admis a être utilles à leur Patrie de la façon dont on les y croiroit propres, ce seroit mal penser de croire que les Canadiens Nouveaux Sujets ne peuvent servir leur Roy, ni comme Sergent, ni comme Officiers; ce seroit un Motif bien humiliant, et bien decourageant pour des Sujets libres et assoissiés aux Avantages de la Nation, et au Prerogative, ainsy que s'en est expliqué S. M. nous avons depuis plus de six Mois des Officiers Canadiens Catholiques dans le pais d'Enhauts, et Nombre de Volontaires pour y aides a repousser les Ennemis de la Nation[64] et celui qui s'expose librement a verser son Sang au Service de son Roy et de la Nation, ne peut il pas etre admis dans les charges ou il peut egalement servir la Nation et le Publique comme Juré, des qu'il est Sujet, le 3e de Jacques premier Chap. 5. Sec. 8 ne Regarde que les Catholiques qui pourroient veni dans le Royaume, et il n'y eut jamais de loix dans aucun Royaume sans exception, [65]avoit preuve dans le tems que l'Angleterre assorieroit aux prerogatives de la Nation une Colonie de Catholiques, si nombreuse ou si en l'avoit prevu, la loix vouloit elle en faire des esclaves, nous pensons differement que nos Confreres; et si nous etions dans l'opinion ou ils sont, nous aurions assez de Confiance dans la Bonté du Roy pour croire qu'il accorderoit à tout le Nombreux peuple de cette Colonie le delai suffisant, pour en sacrifiant tous leurs biens, aller, Grater la Terre, dans desespoir, ou en les regardant comme Sujets, ils pourroient mettre leur Vie, et celle de leur Enfants à la Crie de l'injustice, ce qu'ils ne pourroient faire en restant icy, privés des Employs, ou charges en qualités de Jurés.

La Douceur d'un Gouvernement actuel nous a fait oublier nos pertes, et nous a attaché à S. M. et au Gouvernement, nos Confreres nous font envisager notre Etat comme celui d'Esclaves; les veritables et fideles Sujets du Roy peuvent ils le devinir.

Ce qui nous fait conclure aux Protestations que nous faisons contre nos Signatures de la deliberation du Seize du Courant, en tout ce qu'elles pourroient nous prejudicier.

fait a Quebec le 26e Octor, 1764.

Bonneau, Perrault

Tachet, Charest, Amiot Peney Damont.


Canadian Archives; Dartmouth Papers, vol. I. p. 40.

The ordinance of Sept. 17, 1764. See p. 205.

Referring to the French-Canadian troops which Governor Murray was partially successful in raising, under the volunteer system, for the purpose of assisting in the suppression of the Indian uprising at Michillimakinak and elsewhere, under Pontiac. See Canadian Archives Bouquet Papers; Haldimand Papers, vols. B 2, B 6, B 9; also Q 2.

Some line must have been omitted here, for as it is, it is not Sense.

(Translation)

Charrest, Amiot, Tachet, Boisseaux, Poney, Dumont & Perrault new Subjects, Grand Jurors in the districts of Quebec, having demanded from His Excellency in Council the Translation into French of two Presentments written in English in the House of the Three Canons, all the Jurors being assembled, one of which presentments of the 16th of the present month of October, was signed by the petitioners along with the other jurors, and the other was signed by the jurors who were ancient subjects understanding English alone, and having obtained the same, they consider themselves bound to declare the part which they had taken in the articles which compose the first Presentment.

They begin by saying that before the Signature of this Presentment, there had been many sessions, where the question had been discussed by making Several Drafts of Presentment on loose sheets, and of these the petitioners had knowledge of only a part while many of those, with the contents of which they were acquainted, had been modified or rejected by the Petitioners; that a Summary certainly had been made of all the papers, and that after it was made, it was offered to us for Signature, without being interpreted, but was read in English only, that when it was requested by some of us, that it should be read to us, the answer was that this summary was only a Résumé of the Drafts of the Articles which had been proposed and accepted during the late Sessions, that time pressed for their presentation and that it was very unnecessary.

They intend therefore to set forth the part which they have had in the different Articles which compose this Presentment.

1. Article. Not only had we no knowledge of this Article, but we should certainly have opposed this proposition with all our might, as being contrary to the interests of His Majesty's New Subjects in the Colony, and as being opposed to the wise ordinance of the Governor and Council, who, seeing the necessity of establishing a Court of Justice where the New Subjects should be able to find a Sanctuary in which they might be judged as Frenchmen by Frenchmen, according to Ancient Customs, and in their own Tongue, has since been requested in a Petition to name the Judge of this Jurisdiction and which the Petitioners themselves have signed as Citizens; for besides the convenience that it would be to them to be judged in this Jurisdiction, they would save more than half the costs.

2, 3, 4, Artes. We did not understand these Articles if they were interpreted to us, and as we are ignorant of what is going on in the different Colonies, we have no interest in proposing any particular alterations in these Articles.

5. We understand that wooden Houses and Stalls in the Market are contrary to good Policy, and are sometimes the Causes of Fires.

6. We have suggested with regard to the Quays and Dockyards that they should be allotted for the use and convenience of Trade. As to the Batteries we do not consider that they appertain to our Department.

7. We have heard this Article in part, and only in connection with Sunday observance. But the Proposal of having a Minister to preach the Gospel in both languages has certainly not been explained to us.

8. We have no Knowledge that this matter has ever been brought up for Consideration.

9 & 10. These two Articles have not been explained to us, and we are not sufficiently far-seeing to pay attention to Measures which at present appear to us very remote, owing to the hope which we entertain that no question of Taxation for this Colony will arise.

11. We have not understood this whole Article as it is explained. We have even demonstrated how prejudicial to the Colony, was the Proposition to diminish the Court of Appeals, in that it would open a wide road to new lawsuits, that past cases had been settled according to the circumstances of the Time, and that Proofs which might have been valid for judgments then, could no longer be in existence, which would completely change the aspect of Things; however, accepting what we were told, that this Article was subject to the Will of the Governor and His Council, we subscribed to it and the S. Tachet made a note of the reservation on a loose sheet, which was left at the office, as a Minute. Moreover we had not heard that a request for such a large reduction on the Appeals was asked for, it having only been a question of asking for an Amendment.

12. This Article has never been communicated to us, and we imagine it was only proposed, because it is stated in that ordinance, that Canadian Lawyers, New Subjects of H. M. might practise. The ordinance appears to us the more equitable, in that it is only right that the new Canadian Subjects should employ Persons whom they understand, and by whom They are understood, all the more because there is not one English Lawyer who knows the French Language, and with whom it would not be necessary to employ an Interpreter who would scarcely ever give the exact meaning of the Matter in hand. And further, without this wise regulation which ensures the Tranquillity of domestic affairs would not the opposing Parties find themselves involved in exorbitant expense?

13. We are thoroughly familiar with the Items which form a Part of this Article, such as the Proposal to establish Regulations for the Measuring of Wood, for Carters and Vehicles of every description, for the best method of keeping the Streets, public Squares, and Docks clean, and for the Sweeping of Chimneys to prevent Accidents by fire. We have given our consent solely to these Items, and our present situation does not allow us to extend our care in other directions.

14. There has been no question of discussing Gaming Houses except in desultory conversation, and we did not suppose it had been spoken of seriously enough to make it worth while to consider, if it was proposed to denounce them as suspicious Houses, especially that of the said King, to whom none of us can attribute as a crime the Protection which is granted him by those whom he has the Faculty of Serving so well. Besides this we did happen to say in conversation that if they were playing at unseasonable Hours, and at Games proscribed by the Police, then this Article might represent it as dangerous to youth and to Trade, but we have absolutely no knowledge that this Article was in the Presentment which we have signed.

15. We did not understand this Article in the Sense in which it is explained. Of course we were aware that it was at the request and Solicitation of the Town, and for the safety of the same, that the order to carry Lanterns had been obtained, and we believe that it certainly would conduce to the security of the Town and to good order to carry it out. We have replied to this Effect in French to a letter from the Governor of this Province, on the last Day of our Session, at which time he proposed to establish public lamps, if the Cost was not excessive. Although written in French, many of our Fellow-members read it, and have told us that they on their side replied to the same effect in English.

We quite realize that in order to avoid Confusion in the future, Canadian Jurors should give their Opinions only after the Subjects on which it is asked have been translated into the French Language.

In view of the knowledge that we, the Gd Jurors, Canadian new Subjects of H. M. have, — having read it in the French tongue, — of the Presentment which our confreres, the Ancient Subjects, Grand Jurors, have made at the Court of Session, and of the two Subscriptions, with the intention of excluding us from the privilege of serving ourselves and Our associates, our Country and our King, pretending that they conscientiously believe us to be incapable of holding any office or even of repulsing and fighting the Enemies of H. Mty We make the following statement.

That H. Mty being informed that all the Subjects forming this Province were Catholics still believed them capable as such of taking the Oath of Loyalty, and therefore fit to be admitted to the service of their Country, in such a way as they shall be thought qualified for. It would be shameful to believe that the Canadians, New Subjects, cannot serve their King either as Serjeant, or Officers, it would be a most humiliating thought, and very discouraging to free Subjects who have been admitted to the Privileges of the Nation, and their Rights, as explained by H. M. For more than six Months we have had Catholic Canadian Officers in the Upper Country, and a Number of Volunteers aiding to repulse the Enemies of the Nation; and cannot a man who exposes himself freely to shed his blood in the Service of his King and of the Nation be admitted to positions where he can serve the Nation and the Public as a Juror, since he is a subject? The 3rd of James I. Chap. 5, Sec. 8, only refers to Catholics who may enter the Kingdom, and as there has never been any law in any Kingdom without some exception[66] was a proof that in time England would admit to the National rights so numerous a Colony of Catholics, or if this had been foreseen, that the Law would seek to make them slaves. We think differently from our confreres, and even if we were of their opinion, we should have enough Confidence in the King's Goodness to believe that he would grant all the Numerous people of this Colony sufficient respite to depart, though at the sacrifice of all their possessions, and in desperation cultivate the Ground, in some place, where being considered as Subjects, they and their Children might lead their Lives sheltered from Injustice. This they could never do here were they deprived of all Offices, or positions as Jurors.

The Leniency of the existing Government has made us forget our losses, and has attached us to H. M. and to the Government; our fellow citizens make us feel our Condition to be that of Slaves. Can the faithful and loyal Subjects of the King be reduced to this?

This ends the Protest that we make against the use of our Signatures on the Presentment of the Sixteenth instant, in every point in which they might be prejudicial to us. Done at Quebec the 26th October, 1764.

Perrault,Bonneau,
Tachet,Charest,
Amiot,Peney,
Damont. 

Some line must have been omitted here, for as it is, it is not sense.

ADDRESS OF FRENCH CITIZENS TO THE KING REGARDING THE LEGAL SYSTEM[67]

Au Roi

La véritable gloire d'un Roy conquérant est de procurer aux vaincus le même bonheur et la même tranquilité dans leur Religion et dans la Possession de leurs biens, dont ils joüissoient avant leur deffaite: Nous avons joüi de cette Tranquilité pendant la Guerre même, elle a augmentée depuis la Paix faitte. Hé voilà comme elle nous a été procurée. Attachés à notre Religion, nous avons juré au pied du Sanetuaire une fidelité inviolable à Votre Majesté, nous ne nous en sommes jamais écartés, et nous jurons de nouveau de ne nous en jamais écarter, fussions nous par la suitte aussy malheureux que nous avons été heureux; mais comment pourrions nous ne pas l'être, après les Temoignages de bonté paternelle dont Votre Majesté nous a fait assurer, que nous ne serions jamais troublés dans l'exercise de notre Religion.

Il nous a parû de même par la façon dont la Justice nous a été rendüe jusqu'à présent, que l'intention de Sa Majesté étoit, que les Coutumes de nos Peres fussent suivies, pour ce qui étoit fait avant la Conquête du Canada, et qu'on les suivit à l'avenir, autant que cela ne seroit point contraire aux Loix d'Angleterre et au bien général.

Monsieur Murray, nommé Gouverneur de la Province de Quebec à la satisfaction de tous les Habitans, nous a rendu jusques à present à la Tête d'un Conseil militiare toute la Justice que nous aurions pû attendre des personnes de Loi les plus éclairés; cela ne pouvoit être autrement; le Désinteressement et l'Equité faisoient la Baze de leurs Jugements.

Depuis quatre ans nous jouissons de la plus grande Tranquilité; Quel bouleversement vient donc nous l'enlever? de la part de quatre ou Cinq Persones de Loy, dont nous respectons le Caractère, mais qui n'entendent point notre Langue, et qui voudroient qu'aussitôt qu'elles ont parlé, nous puissions comprendre des Constitutions qu'elles ne nous ont point encore expliquées et aux quelles nous serons toujours prêts de nous soumettre, lorsqu'elles nous seront connües; mais comment les Connoître, si elles ne nous sont point rendües en notre Langue?

De là, nous avons vu avec peine nos Compatriotes emprisonnés sans être entendus, et ce, à des fraix considèrables, ruineux tant pour le débiteur que pour le Créancier; nous avons vu toutes les Affaires de Famille, qui se décidoient cy-devant a peu de frais, arrêtées par des Personnes qui veulent se les attribuer, et qui ne savent ny notre Langue ni nos Coutumes et à qui on ne peut parler qu'avec des Guinées à la Main.

Nous esperons prouver à Votre Majesté avec la plus parfaite Soumission ce que nous avons lhonneur de luy avancer.

Notre Gouverneur à la Tête de son Conseil a rendu un Arrêt[68] pour l'Etablissement de la Justice, par lequel nous avons vu avec plaisir, que pour nous soutenir dans la Décision de nos affaires de famille et autres, il seroit etabli une Justice inférieure, où toutes les Affaires de François à François y seroient decidées; Nous avons Vu que par un autre Arrêt,[69] pour eviter les Procès, les affaires cy-devant décidées seroient sans appel, à moins qu'elles ne soient de la Valeur de trois Cents Livres.

Avec la même Satisfaction que nous avons vu ces Sages Réglements avec la même peine avons nous vu que quinze Jurés Anglois contre Sept Jurés nouveaux Sujets, leur ont fait souscrire des Griefs en une Langue quils n'entendoient point contre ces mêmes Réglements; ce qui se prouve par leurs Protestations et par leurs Signatures qu'ils avoient données la veille sur une Requête pour demander fortement au Gouverneur et Conseil la Séance de leur Juge, attendu que leurs Affaires en souffroient.

Nous avons vu dans toute l'amertume de nos Cœurs, qu'après toutes les Preuves de la Tendresse Paternelle de Votre Majesté pour ses nouveaux Sujets ces mêmes quinze Jurés soutenus par les Gens de Loy nous proscrire comme incapables d'aucunes fonctions dans notre Patrie par la difference de Religion; puisque jusqu'aux Chirurgiens et Apothicaires (fonctions libres en tout Pays) en sont du nombre.

Qui sont ceux qui veulent nous faire proscrire? Environ trente Marchands anglois, dont quinze au plus sont domiciliés, qui sont les Proscrits? Dix mille Chefs de famille, qui ne respirent, que la soumission aux Ordres de Votre Majesté, ou de ceux qui la représentent, qui ne connoissent point cette prétendue Liberté que l'on veut leur inspirer, de s'opposer à tous les Réglements, qui peuvent leur être avantageux, et qui ont assez d'intelligence pour Connoître que leur Interêt particulier les conduit plus que le Bien public — 

En Effet que deviendroit le Bien Genéral de la Colonie, si ceux, qui en composent le Corps principal, en devenoient des Membres inutiles par la différence de la Religion? Que deviendroit la Justice si ceux qui n'entendent point notre Langue, ny nos Coutûmes, en devenoient les Juges par le Ministere des Interprètes? Quelle Confusion? Quels Frais mercenaires n'en résulteroient-ils point? de Sujets protégés par Votre Majesté, nous deviendrons de véritables Esclaves; une Vingtaine de Personnes, que nous n'entendons point, deviendroient les Maitres de nos Biens et de nos Interets, plus de Ressources pour nous dans les Personnes de Probité, aux quelles nous avions recours pour l'arrangement de nos affaires de famille, et qui en nous abandonnant, nous forceroient nous mêmes à préferer la Terre la plus ingrate à cette fertile que nous possedons.

Ce n'est point que nous ne soyons prêts de nous soumettre avec la plus respectueuse obéissance à tous les Réglements qui seront faits pour le bien et avantage de la Colonie; mais la Grace, que nous demandons, c'est que nous puissions les entendre: Notre Gouverneur et son Conseil nous ont fait part de ceux qui ont été rendus, ils sont pour le Bien de la Colonie, nous en avons temoigné notre reconnoissance; et on fait souscrire à ceux qui nous représentent, comme un Mal, ce que nous avons trouvé pour un Bien!

Pour ne point abuser des Moments précieux de Votre Majesté, nous finissons par l'assurer, que sans avoir connu les Constitutions Angloises, nous avons depuis quatre Ans goûté la douceur du Gouvernement, la gouterions encore, si Messrs les Jurés anglois avoient autant de soumission pour les décisions sages du Gouverneur et de son Conseil, que nous en avons; si par des Constitutions nouvelles, qu'ils veulent introduire pour nous rendre leurs Esclaves, ils ne cherchoient point à changer tout de suite l'ordre de la Justice et son Administration, s'ils ne vouloient pas nous faire discuter nos Droits de famille en Langues etrangères, et par là, nous priver des Personnes éclairées dans nos Coutumes, qui peuvent nous entendre, nous accommoder et rendre Justice à peu de frais en faisant leurs Efforts pour les empêcher même de conseiller leurs Patriotes pour la difference de Religion, ce que nous ne pouvons regarder que comme un Interêt particulier et sordide de ceux qui ont suggéré de pareils principes.

Nous supplions Sa Majesté avec la plus sincère et la plus respectueuse soumission de confirmer la Justice, qui a été établie pour déliberation du Gouverneur et Conseil pour les François, ainsy que les Jurés et tous autres de diverses Professions, de conserver les Notaires et Avocats dans leurs Fonctions, de nous permettre de rédiger nos Affaires de famille en notre Langue, et de suivre nos Coutumes, tant qu'elles ne seront point Contraires au Bien général de la Colonie, et que nous ayons en notre Langue une Loy promulguée et des Ordres de Votre Majesté, dont nous nous déclarons, avec le plus inviolable Respect,[70]

Les plus fidèles Sujets

Amiot — JuréJ. Labroix (or Lauroix)Lorrande Du Perrin (or Duperrin)
Boreau — JuréGueyraudLaurain
Perrault Che reglVoyer (or Voyez)Chrétien
Tachet — JuréF. ValinP. Goyney
Charest — JuréBellefaye (or Bellefincke) Voyer (or Voyez)Le Maitre Lamorille
Perrault — JuréReyFranc Ruilly
Boiret Ptre Superieur du SeminaireMarchandJean Baptiste Dufour
Dumond, JuréJ. LemoynePortneuf (or Borneuf)
Isel Becher. Curé de QuebecJean AmiotL. D. Dinnire (or ere)
Etesanne fils aynéBertran (or rem)Thomas Lec (or Lee)
ConefroyGauvereauSoulard
RobinsCarpentier (or Charpeniser)Parroix
LeFebureCoocherar (or eer)Riverin
SoupiranValletLiard fils — 
RousseauDuttockFs Dambourgès
PetrimoulyMeux VrosseauxMessuegué
LarocqueH. ParentL. Dumas
LauniereFerrantRobins Fil
Alxre PicardBoireuxRedout
GinnieDusseil (or Dufiel)Fromont
BoileauH. LoretFl. Cuynet
DelerenniBerthelot (or elole)Gigon
Liard (or Lard)ArnouxDennbefrire
(Dubarois or) Dubaril, ChirurgnNeuveuxPaul Marchand
Chartier de LotbiniereLarocheDuvonuray
AsimeTh. CarouxSanguineer
F. DuvalGuichassAu. Bederd
Hec. KeezJacques Hervieux negt de MontrealLe Cte Dupré l'aisne
HuquetGuy de MontrealS. George Dupré
SchindlerJ. FerrouxGl des Milice de Montreal
La Haurriong S.Jt Meignot 
Lerise  
Panet,  

Endorsed. Quebec.

Copy of the Adress of the principal Inhabitants of Canada to the King, relative to the Establishment of Courts of Justice, and the Presentment of the Grand Jury.

Original sent to His Majesty.

Read Janry 7, 1765.


Canadian Archives; B 8, p. 121.

The ordinance of Sept. 17th, 1764. See p. 205.

The ordinance of Sept. 20th, 1764. See "Ordinances, made for the Province of Quebec, &c." 1767.

Apparently in consequence of these representations, an additional instruction to Murray was framed and sent in the latter part of 1764, although the exact date is not given. As contained in the Dartmouth Papers, it appears as follows: — 

1764. Instructions to Murray. That the misconstruction of the proclamation of 7th October, 1763, be removed and that in making provision for the due and impartial administration of justice that there shall extend to all "subjects in general the protection and benefit of the British laws and constitution in all cases where their Lives and Liberties are concerned. But shall not operate to take away from the native Inhabitants the Benefit of their own Laws and Customs in Cases where Titles to Land, and the modes of Descent, Alienation and Settlement are in Question, nor to preclude them from that share in the Administration of Judicature, which both in Reason and Justice they are intitled to in Common with the rest of our subjects." The proposed inductions with notes of alterations suggested. The instructions as finally sent are in the Colonial Office. Canadian Archives, Dartmouth Papers, M 383, p. 50.

(Translation)

To the King

The true Glory of a Victorious King consists in assuring to the vanquished the same happiness and the same tranquillity in their Religion and in the possession of their property that they enjoyed before their defeat. We have enjoyed this Tranquillity even during the War, and it has increased since the establishment of Peace. Would that thus it had been secured to us! Deeply attached to our religion, we have sworn at the foot of the altar, unalterable fidelity to Your Majesty. From it we have never swerved and we swear anew that we never will swerve therefrom, although we should be in the future as unfortunate as we have been Happy: but how could we even be unhappy after those tokens of paternal affection by which Your Majesty has given us the assurance that we shall never be disturbed in the Practice of our Religion.

It has seemed to us indeed from the manner in which Justice has been administered among us up to the present time, that it was His Majesty's Intention that the Customs of our Fathers should be adhered to, so that what was done before the Conquest of Canada should be adhered to in the future in so far as it was not opposed to the Laws of England, and to the public good.

Mr. Murray, who was appointed Governor of the Province of Quebec to the satisfaction of all its inhabitants, has up to the present time, at the head of a Military Council administered to us all the justice that we could have expected from the most enlightened jurists. This could hardly have been otherwise, Disinterestedness and Equity being the basis of their decisions.

For four years we enjoyed the greatest tranquillity. By what sudden stroke has it been taken away through the action of four or five jurists, whose character we respect, but who do not understand our language, and who expect us, as soon as they have spoken, to comprehend legal constructions which they have not yet explained, but to which we should always be ready to submit, as soon as we become acquainted with them, but how can we know them, if they are not delivered to us in our own tongue?

It follows, that we have seen with grief our fellow citizens imprisoned without being heard, and this at considerable expense ruinous alike to debtor and creditor; we have seen all the family affairs, which before were settled at slight expense, obstructed by individuals wishing to make them profitable to themselves, who know neither our language nor our customs and to whom it is only possible to speak, with guineas in one's hand.

We hope to prove to your Majesty with all due submission the statements which we have the honour to lay before him.

Our Governor, at the Head of his Council, has issued an ordinance for the Establishment of Courts, by which we were rejoiced to see, that to assist us in the settlement of family and other matters, a Lower Court of Justice was to be established where all cases between Frenchman and Frenchman could be decided. We have seen that by another ordinance, to avoid lawsuits, cases decided by this court should be without appeal, unless they were of the value of three Hundred Livres.

In proportion to the greatness of our Joy on seeing these wise regulations, was the distress with which we discovered that fifteen English Jurors as opposed to seven Jurors from the new Subjects had induced the latter to subscribe to Remonstrances in a language which they did not understand against these same Regulations. This is proved by their Remonstrances and Signatures of the evening before, in a Petition in which they urgently beg the Governor and his Council that their Judge may hold a sitting as their affairs were suffering for want of it.

With deep bitterness in our hearts we have seen, that after all the proofs of Your Majesty's Paternal Affection for your new Subjects, these same fifteen Jurors, with the assistance of the Lawyers have proscribed us as unfit, from differences of Religion, for any office in our country; even Surgeons and Apothecaries (whose professions are free in all countries) being among the number.

Who are those who wish to have us proscribed? About thirty English merchants, of whom fifteen at the most, are settled here. Who are the Proscribed? Ten thousand Heads of Families who feel nothing but submission to the orders of Your Majesty, and of those who represent you, who do not recognize as such this socalled Liberty with which the other party desire to incite them to opposition to all the Regulations which might be to their advantage, and who have enough intelligence to see that these persons are guided by their own Interest rather than the public good.

And in fact what would become of the general prosperity of the Colony, if those who form the principal section thereof, become incapable members of it through difference of Religion? How would Justice be administered if those who understand neither our Language nor our Customs should become our Judges, through the Medium of Interpreters. What confusion, what Expenditure of Money would not result therefrom? Instead of the favoured Subjects of Your Majesty, we should become veritable Slaves; a Score of Persons whom we do not know would become the Masters of our Property and of our Interests; We should have no further Redress from those equitable Men, to whom we have been accustomed to apply for the settlement of our Family Affairs, and who if they abandoned us, would cause us to prefer the most barren country to the fertile land we now possess.

It is not that we are not ready to submit with the most respectful obedience to all the Regulations which may be made for the Wellbeing and Prosperity of the Colony, but the favour which we ask is that we may be allowed to understand them. Our Governor and his Council have instructed us concerning those which have been already issued. They are for the good of the Colony, we have shown our Gratitude for the same, and yet now we are made to represent as a hardship by those who are speaking in our name, what we have found to be a benefit.

That we may not further encroach upon Your Majesty's Precious Time, we conclude by assuring You, that without knowing the English Constitution we have during the past four years, enjoyed the Beneficence of the Government, and we should still enjoy it, if Messrs the English Jurors were as submissive to the wise decisions of the Governor and his Council, as we are; if they were not seeking by new regulations, by the introduction of which they hope to make us their slaves, to change at once the order and administration of Justice, if they were not desirous of making us argue our Family Rights in a foreign tongue, and thereby depriving us of those Persons, who from their knowledge of our Customs, can understand us, settle our differences, and administer Justice at slight expense; using every effort, on the plea of the difference of Religion, to prevent them even from acting as Counsel for their fellow countrymen. This we can only regard as due to the base anxiety for their own interests of those who have suggested such Principles.

We entreat Your Majesty with the deepest and most respectful submission to confirm the system of Justice which has been established for the French, by the deliberations of the Governor and Council, as also the Jurors and all others of different professions, to maintain the Notaries and advocates in the exercise of their functions, to permit us to transact our Family Affairs in our own tongue, to follow our customs, in so far as they are not opposed to the general Wellbeing of the Colony, and to grant that a Law may be published in our Language, together with the Orders of Your Majesty, whose most faithful Subjects, we do, with the most unalterable Respect, hereby declare Ourselves.

The most faithful Subjects.

ORDINANCE OF NOV. 6th 1764[71]

An ORDINANCE, For quieting People in their Possessions, and fixing the Age of Maturity.

Whereas it appears right and necessary, to quiet the Minds of the People, in Regard to their Possessions, and to remove every Doubt respecting the same, which may any Ways tend to excite and encourage vexatious Law-Suits; and until a Matter of so serious and complicated a Nature, fraught with many and great Difficulties, can be seriously considered, and such Measures therein taken, as may appear the most likely to promote the Well-fare and Prosperity of the Province in general, His Excellency, by and with the Advice and Consent of His Majesty's Council, Doth hereby Ordain and Declare, That until the tenth Day of August next, the Tenures of Lands, in Respect to such Grants as are prior to the Cession thereof, by the definitive Treaty of Peace, signed at Paris the tenth Day of February, One Thousand Seven Hundred and Sixty-three, and the Rights of Inheritance, as practised before that Period, in such Lands or Effects, of any Nature whatsoever, according to the Custom of this Country, shall remain to all Intents and Purposes the same, unless they shall be altered by some declared and positive Law; for which Purpose the present Ordinance shall serve as a Guide and Direction in all such Matters, to every Court of Record in this Province; Provided that nothing in this Ordinance contained shall extend, or be construed to extend to the Prejudice of the Rights of the Crown, or to debar His Majesty, His Heirs or Successors from obtaining, by due Course of Law, in any of His Courts of Record in this Province, according to the Laws of Great-Britain, any Lands or Tenements, which at any Time hereafter may be found to be vested in His Majesty, his Heirs or Successors, and in the Possession of any Grantee or Grantees, his, her, or their Assigns, or such as claim under them, by Virtue of any such Grants as aforesaid, or under Pretence thereof, or which hereafter may be found to have become forfeited to His Majesty, by Breach of all or any of the Conditions in such Grants respectively mentioned and contained.

And be it Ordained and Declared, by the Authority aforesaid, That from and after the first Day of January, One Thousand Seven Hundred and Sixty-five, every Person arrived at the Age of Twenty-one compleat Years, shall be deemed for the future of full Age and Maturity agreeable to the Laws of England, and shall be entituled to take full Possession from that Time of every Estate or Right to him belonging; in Consequence thereof to sue for the same, or bring to Account the Guardians, or other Persons who may have been entrusted therewith.

GIVEN by His Excellency the Honourable JAMES MURRAY, Esq.; Captain-General and Governor in Chief of the Province of Quebec, and Territories thereon depending in America, Vice Admiral of the same, Governor of the Town of Quebec, Colonel-Commandant of the Second Battalion of the Royal American Regiment, &c., &c. In Council, at Quebec, the 6th Day of November, Anno, Domini, 1764, and in the Fifth Year of the Reign of our Sovereign Lord GEORGE the III, by the Grace of God, of Great-Britain, France and Ireland, KING, Defender of the Faith, &c., &c.

JA. MURRAY.

By Order of His Excellency in Council,

     H. Kneller, D.C.C.


"Ordinances, made for the Province of Quebec, by the Governor and Council, &c. Que." 1767, p. 18.

GOVERNOR MURRAY TO THE LORDS OF TRADE.[72]

Quebec 29th Octr 1764

My Lords

The inclosed papers will shew you the situation of affairs here and how necessary it is for me to send Mr Cramahé to London[73] that your Lordships may have the most Minute and Clearest Acct of every thing relating to this Province. An immediate Remedy seems necessary. To any thing I can write doubts may arise and misrepresentations may be made (which I find too frequently to be the case) the necessary delay to clear up such Doubts and misrepresentations by letters, may be dangerous. Mr Cramahé will answer every purpose, if properly attended too, he is thoroughly informed of all I know, no Man has the good of this Colony more at heart, no Man is more zealous for the Kings service and certainly there doth not exist a Man of more Integrity and Application.

Little, very little, will content the New Subjects but nothing will satisfy the Licentious Fanaticks[74] Trading here, but the expulsion of the Canadians who are perhaps the bravest and the best race upon the Globe, a Race, who cou'd they be indulged with a few priveledges wch the Laws of England deny to Roman Catholicks at home, wou'd soon get the better of every National Antipathy to their Conquerors and become the most faithful and most useful set of Men in this American Empire.

I flatter myself there will be some Remedy found out even in the Laws for the Relief of this People, if so, I am positive the populer clamours in England will not prevent the Humane Heart of the King from following its own Dictates. I am confident too my Royal Master will not blame the unanimous opinion of his Council here for the Ordonnance establishing the Courts of Justice,[75] as nothing less cou'd be done to prevent great numbers from emigrating directly, and certain I am, unless the Canadians are admitted on Jurys, and are allowed Judges and Lawyers who understand their Language his Majesty will lose the greatest part of this Valuable people.

I beg leave further to represent to your Lordship that a Lieut Governor at Montreal is absolutely necessary, that Town is in the Heart of the most populous part of the Province, it is surrounded by the Indian Nations and is one Hundred and Eighty miles from the Capitol, it is there that the most opulent Priests live, and there are settled the greatest part of the French Nobless, consequently every intrigue to our disadvantage will be laid and hatched there, The expence of a Lieut Governor will be a Trifle, I am positive for some years it will not exceed what will be necessary to procure intelligence in that District, This will be saved if a Man of Authority, Diligence and Observation is at the Head of it on the Spots and I do from the Zeal I have for his Majestys Service and the conviction of my heart, declare, that Mr Cramahé is the fittest man I know to fill that place; I am at least certain no body can be appointed who will be more agreeable to the new Subjects

I have the Honr to be with the greatest truth & regard.

My Lords,

Yr Lordships' mo. Obt, &ca.

(Signed)            JA: MURRAY

The Lords of Trade & Plantn,

P.S. I have been informed that Messrs Willm Mackenzie Alexr Mckenzie and Willm Grant have been solliciting their Friends in London to prevail upon your Lordships to get them admitted into his Majesty's Council of this Province. I think it my Duty to acquaint your Lordships that the first of these Men is a notorious smugler and a Turbulent Man, the second a weak Man of Little character and the third a conceited Boy. In short it will be impossible to do Business with any of them

(signed)     JA: MURRAY

The Lords of Trade & Plantations


Canadian Archives; vol. Q 2, p. 233.

Mr. H. T. Cramahé had been Civil Secretary for the District of Quebec, from the time that Gen. Murray had seen appointed Lt. Governor, after the Conquest. When Canada, following the example of the older colonies, desired to appoint an agent in London, Mr. Cramahé was nominated for the position, in Feb. 1764. The appointment, however, was apparently not made. When civil government was established, in Aug. 1764, Mr. Cramahé became a member of the first Council of the Province.

This letter and the following petitions incidentally reveal the very strained relations, extending to personal bitterness, which existed between Governor Murray and the British commercial element in the colony, and which led to the Governor's recall.

The ordinance of Sept. 17th, 1764. See p. 205.

PETITION OF THE QUEBEC TRADERS.[76]

To the King's Most Excellent Majesty

The Humble Petition of Your Majesty's most faithful and loyal Subjects, British Merchants and Traders in behalf of themselves and their fellow Subjects, Inhabitants of your Majesty's Province of Quebec

May it please Your Majesty.

Confident of Your Majesty's Paternal Care and Protection extended even to the meanest and most distant of your Subjects, We humbly crave your Majesty's Gracious Attention to our present Grievances and Distresses

We presume to hope that your Majesty will be pleased to attribute our approaching your Royal Throne with disagreeable Complaints, to the Zeal and Attachment we have to your Majesty's Person and Government, and for the Liberties & Priviledges with which your Majesty has indulged all your Dutifull Subjects.

Our Settlement in this Country with respect to the greatest part of us; takes it's date from the Surrender of the Colony to your Majestys Arms; Since that Time we have much contributed to the advantage of our Mother Country, by causing an additional Increase to her Manufactures, and by a considerable Importation of them, diligently applied ourselves to Investigate and promote the Commercial Interests of this Province and render it flourishing

To Military Government, however oppressive and severely felt, we submitted without murmur, hoping Time with a Civil Establishment would remedy this Evil

With Peace we trusted to enjoy the Blessings of British Liberty, and happily reap the fruits of our Industry: but we should now despair of ever attaining those desirable ends, had we not Your Majesty's experienced Goodness to apply to.

The Ancient Inhabitants of the Country impoverished by the War, had little left wherewith to purchase their common necessaries but a Paper Currency[77] of very doubtfull Value: The Indian War[78] has suspended our Inland Trade for two years past, and both these Causes united have greatly injured our Commerce.

For the redress of which we repose wholly on your Majesty, not doubting but the Wisdom of your Majesty's Councils will in due time put the Paper Currency into a Course of certain and regular Payment, and the Vigour of Your Majesty's Arms terminate that War by a peace advantageous and durable.

We no less rely on your Majesty for the Redress of those Grievances we suffer from the Measures of Government practised in this your Majesty's Province, which are

The Deprivation of the open Trade declared by your Majesty's most gracious Proclamation, by the Appropriation of some of the most commodious Posts[79] of the Resort of the Savages, under the Pretext of their being your Majesty's private Domain.

The Enacting Ordinances Vexatious, Oppressive, unconstitutional, injurious to civil Liberty and the Protestant Cause.

Suppressing dutifull and becoming Remonstrances of your Majesty's Subjects against these Ordinances in Silence and Contempt.

The Governor instead of acting agreeable to that confidence reposed in him by your Majesty, in giving a favorable Reception to those of your Majesty's Subjects, who petition and apply to him on such important Occasions as require it, doth frequently treat them with a Rage and Rudeness of Language And Demeanour, as dishonorable to the Trust he holds of your Majesty as painful to those who suffer from it.

His further adding to this by most flagrant Partialities, by formenting Parties and taking measures to keep your Majesty's old and new Subjects divided from one another, by encouraging the latter to apply for Judges of their own National Language.

His endeavouring to quash the Indictment against Claude Panet (his Agent in this Attempt who laboured to inflame the Minds of the People against your Majesty's British Subjects) found by a very Worthy Grand Inquest, and causing their other judicious and honest Presentments to be answered from the Bench with a Contemptuous Ridicule.

This discountenancing the Protestant Religion by almost a Total Neglect of Attendance upon the Service of the Church, leaving the Protestants to this Day destitute of a place of Worship appropriated to themselves.

The Burthen of these Grievances from Government is so much the more severely felt, because of the natural Poverty of the Country; the Products of it been extremely unequal to support its Consumption of Imports.

Hence our Trade is miserably confined and distressed, so that we lye under the utmost Necessity of the Aids and Succours of Government, as well from Our Mother Country as that of the Province, in the Place of having to contend against Oppression and Restraint.

We could enumerate many more Sufferings which render the Lives of your Majesty's Subjects, especially your Majesty's loyal British Subjects, in the Province so very unhappy that we must be under the Necessity of removing from it, unless timely prevented by a Removal of the present Governor.

Your Petitioners therefore most humbly pray your Majesty to take the Premises into your gracious Consideration, and to appoint a Governor over us, acquainted with other maxims of Government than Military only; And for the better Security of your Majesty's dutiful and loyal Subjects, in the Possession and Continuance of their Rights and Liberties, we beg leave also most humbly to petition that it may please your Majesty, to order a House of Representatives to be chosen in this as in other your Majesty's Provinces; there being a number more than Sufficient of Loyal and well affected Protestants, exclusive of military Officers, to form a competent and respectable House of Assembly; and your Majesty's new Subjects, if your Majesty shall think fit, may be allowed to elect Protestants without burdening them with such Oaths as in their present mode of thinking they cannot conscientiously take.

We doubt not but the good Effects of these measures will soon appear, by the Province becoming flourishing and your Majesty's People in it happy. And for your Majesty and your House your Petitioners as in Duty bound shall ever pray, &ca &ca

Saml SillsJohn Danser.
Edwd HarrisonJas Jeffry.
Eleazr LevyJas Johnston.
Jas ShepherdThos Story.
John Watmough.Danl Bayne.
John Ord.John Purss.
Geo. Allsoopp.Alexr McKenzie
Wm Mackenzie.Geo. Measam
B Comte.Jn A. Gastineau
Peter Faneuil.Ph. Payn.
Geo. Fulton. 


Canadian Archives; vol. B 8, p. 6.

This paper currency was issued by the Intendants under the French Regime, and especially by the last of them, the notorious Bigot. Its redemption by the French Government was at this time the subject of special negotiations.

Pontiac's Rebellion.

For the previous condition of these posts, see Murray's Report of 1762, p. 54.

PETITION OF THE LONDON MERCHANTS.[80]

To the Kings most excellent Majesty. — 

The humble Petition of your Majesty's most dutiful Subjects, the Merchants and others now residing in London Interested in and trading unto the Province of Canada in North America, on behalf of themselves and others trading to and Interested in the said Colonys by way of Supplement to the Petition hereunto annexed Intitled the humble Petition of your Majesty's most faithful and Loyal Subjects British Merchants and Traders in behalf of themselves and their fellow Subjects Inhabiting your Majesty's Province of Quebec

May it please Your Majesty,

We whose names are hereunto subscribed do most humbly certify to your Majesty that Several of us have in our possession a Variety of Original Letters from divers of our Friends and correspondents now residing in Canada and whose names are not subscribed to the Address annexed which confirm the truth of the several Allegations contained in the said Address. We do verily believe the said Allegations to be true and doubt not but in due time shall be enabled to prove the same when your Majesty in your great wisdom shall think proper to direct.

And from the said Original Letters in our possession we do likewise believe that the said Address would have been signed by almost all your Majesty's British as well as French subjects in Canada but for fear of incurring the displeasure and resentment of such of your Majesty's Officers and Servants as may deem themselves reflected upon thereby.

We therefore most humbly join with our fellow Subjects of Canada in their Petition to your Majesty and further most humbly pray.

That the Government of those your Majesty's Dominions may be at least put upon the same footing with the rest of your Majesty's American Colonies or upon any other footing that may be thought Essential for the preservation of the Lives Liberties and Properties of all your Majesty's most faithfull Subjects as well as for the increase and support of the Infant Commerce to and from that Part of the World.

And Your Petitioners as in duty bound shall ever pray &c. &c. &c.

Capel & Osgood Hanbury,James Bond,
John Buchanan,Mildred & Roberts
David Barclay & SonsBarnards & Harrison,
Anthony Merry.Nash Eddowes & Petrie,
Lane & BoothWebb & Sampson,
Bissons & Metcalfes,Brindleys Wright & Co.
Jh Masfen,Jno Liotard & Giles Godin,
Crafton & ColsonGregory Olive
Walr Jenkins & Co,Neate & Pigon,
Pooley & Fletcher,Richd Neave & Son
Wakefield Willett & Pratt.John Strettell
John Cartwright,Isidore Lynch & Co.
Mauduit Wright & Co 

Canadian Archives; vol. B 8, p. 10.

REPORT OF ATTY. AND SOL. GEN. RE STATUS OF ROMAN CATHOLIC SUBJECTS.[81]

To the Right Honourable the Lords Commissioners for Trade and Plantations.

May it please your Lordships,

In Obedience to your Lordships Commands Signifyed to me by Mr Pownall's Letter of the 7 Instant, directing us to consider, and Report to your Lordships our Opinion, whether His Majesty's Subjects, being Roman Catholicks, and residing in the Countries, ceded to His Majesty, in America, by the Definitive Treaty of Paris, are, or are not subject, in those Colonies, to the incapacities, disabilities, and Penalties, to which Roman Catholicks in this Kingdom, are subject by the Laws thereof;

We have taken Mr Pownall's Letter into our Consideration, and are humbly of Opinion, that His Majesty's Roman Catholick Subjects residing in the Countries, ceded to His Majesty in America, by the Definitive Treaty of Paris, are not subject, in those Colonies, to the Incapacities, disabilities, and Penalties, to which Roman Catholicks in this Kingdom are subject by the Laws thereof.

All which is humbly submitted to Your Lordships Consideration

FLr NORTON

Wm DE GREY.

 Lincolns Inn}
10th June 1765
Endorsed: — Copy of the Attorney and Sollicitor Generals Report

Canadian Archives, Dartmouth Papers; M 383, p. 69.

REPORT TO THE LORDS OF THE COMMITTEE FOR PLANTATION AFFAIRS, ON SEVERAL PAPERS RELATIVE TO ORDINANCES & CONSTITUTIONS MADE BY THE GOVERNOR OF QUEBEC.

To the Right Honble the Lords of the Committee of His Majesty's most Honble Privy Council for Plantation Affairs.[82]

My Lords,

His Majesty having been pleased by an Order in His Privy Council to direct this Bd to consider and report to your Lordship's our Opinion upon several Papers, which were humbly laid before His Majesty, relative to the Ordinances and Constitutions made and established by His Majesty's Governor of the Colony of Quebec in consequence of the Powers vested in Him by His Majesty's Commission and Instructions, We have, in Obedience to His Majesty's Commands taken these Papers into our Consideration, but before we enter into a particular Examination of them, and of the Ordinances and Constitutions to which they refer, it may not be improper for the better understanding thereof, to state to your Lordship's, what was the Mode and Form under which the several Governments in Canada were Administered from the Time of the Conquest to the publication of the present Commission, and also what is in general the form of Government approved of and Established, since it has been erected into one entire Colony by the name of Quebec.

Before the Establishment of the present Constitution, His Majesty's new Subjects in Canada, consisting of upwards of 80,000 Inhabitants, professing the Religion of the Romish Church, were entirely under military Government, the civil Government and Courts of Justice, which existed under the French Dominion were laid aside, & Justice was administered by Courts consisting of military Officers, which His Majesty's Governors had established by their own Authority for the Trial and Decision of all Matters of a civil as well as criminal Nature & which Establishments are stated to have been approved by one of His Majesty's Secretary's of State; but whether these military Courts were governed in their proceedings by the Laws of England, or by the Laws and Customs that subsisted in Canada before the Conquest, or by what other Rules, does not appear from any Papers before us.

By the Form of Government now established the civil Constitution of Quebec, like all other Colonies under His Majesty's immediate Government, and which do not depend upon particular Charters, arises out of, and is regulated by His Majesty's Commission & Instructions to His Governor, by which Commission and Instructions the Governor is authorized to appoint a Council, consisting of the Officers of Government, (who by their Offices are usually Members of the Councils in other Colonies) together with Eight other of the principal Inhabitants of the Province, which Council is to assist the Govr with their Advice in all matters of State, and is also constituted a distinct branch of Legislature, and impowered jointly with the Governor and an Assembly of Freeholders, which he is directed to summon and call together, so soon as the Circumstances of the Colony will permitt, to frame and enact Laws for the Welfare & good Government of the said Colony, under the like Regulations & Restrictions prescribed in other Colonies; & untill such complete Legislature can be formed, the Governor is authorized, with the Advice & Consent of the Council, to make and pass such temporary Ordinances as shall be necessary & proper for the good Governmt. of the Colony; Provided the said Ordinances are not repugnant, but as near as may be agreeable to the Laws of England, and do not extend to affect the Life, Limb or Property of His Majesty's Subjects, or to the levying any Duties or Taxes (His Majesty's Governor is further impowered by a particular Clause in his Commission to erect, constitute & establish, with the Advice and Consent of the Council, such & so many Courts of Judicature & publick Justice, with all reasonable Powers, Authorities, Fees & Privileges, as he and they shall think necessary for the hearing & determining all Causes as well criminal as civil, according to Law, & Equity, & for awarding Execution thereupon and by an Article in His Instructions he is Directed, in forming these Establishments, to consider, what has been approved and settled in other Colonies; and more particularly in that of Nova Scotia, the situation & Circumstances of which did, at the time of Establishing Courts of Justice therein, bear a near Resemblance to the situation & circumstances of Quebec.

This Power of erecting Courts of Justice, thus lodged in the Governor and Council, has ever been vested in, and exercised by the Governors and Councils of all Colonies upon their first Establishment, and was more particularly necessary & proper in the Case of the Colony of Quebec as the Governor and Council, by being upon the spot, might obtain such Information as would Enable them to judge what Methods of proceeding in such Courts of Justice would be best suited to the Canadian Laws and Customs in respect to their property, to which in good Policy we think a due regard ought to be had in all Cases, where they are not inconsistent with the fundamental Principles of the Laws of England.

Whether this Power, as well as such others as we have stated to have been vested in His Majesty's Governor by His Commission and Instructions, have or have not been properly exercised, depends upon a consideration of those Acts & proceedings, which followed the Promulgation of that Form of Government His Majesty has thought fit to Establish for this Colony; which Acts and Proceedings we beg leave to lay before your Lordships, so far as they have relation to the matters contained in the said Papers referred to us — And in obedience to His Majesty's Command humbly represent Our Opinion to yr. Lordship's thereupon.

The Establishment, which did of course and necessity immediately follow the Promulgation of the Governor's Commission, was that of a Council, which took place on the 13th of August last, & was composed of those Officers of Government, who are constituted of that Body Ex Officio by the Govrs. Instructions, & of eight other Persons, whose names are mentioned in the annexed List transmitted to us by the Governor, to which he has added the Character & Qualifications of each member, expressing to us at the same Time in his Letter, which accompanied this List, the great Difficulties & Inconveniences he laboured under in forming this, as well as every other civil Establishment from the Paucity of British-born Subjects, & from their consisting entirely either of military Persons or Merchants, whom Duty or temporary Interest had led hither, & who could only be considered as Passengers, very few of them having any Property in the Province.

Under this Circumstance represented by the Governor, the Choice which he has made, must be submitted to your Lordship's; & if your Lordship's see no Objection, none occurrs to us to His Majesty's being graciously pleased to establish this Council by His Royal Mandamus to the Governor.

Immediately after the Appointment of the Council, the Governor with their Advice and Consent, issued Commissions of the Peace, a Measure that appears to us to have been necessary, and that the Commissions themselves are proper and constitutional.

As to the Qualification of the several Persons, in whom the Governor has thought fit to vest this Jurisdiction, it would be as irregular, as it is impracticable, to enter into an Examination of them here. We see no Reason to doubt, that the Governor has on this occasion made Choice of such as were best qualified for this Office, nor can we think that, under the Circumstances of the Inhabitants as represented by him, any attention ought to be given to those vague and in many respects ill founded Objections stated in some of the Papers, which we humbly laid before His Majesty, and which appears to us, considering those Circumstances, to be as unjust, as they are uncandid and indecent.

The next important and necessary Object of the Governor's attention was the carrying into Execution those Parts of his Commission and Instructions, by which he is authorized and required to erect and establish so many Courts of Justice and Judicature, as he should think necessary for the hearing and determining all Causes, as well criminal as civil, and for awarding Execution thereupon, and as the Ordinance made and published by the Governor and Council for that purpose does conclude, in the Consideration of it, not only every Question stated in the Papers referred to us by His Majesty, but also almost every important Proposition that regards the immediate welfare of His Majesty's Subjects in that Colony, it will be our Duty to lay before your Lordships the Observations that have occurred to us upon a full mature and impartial Examination of the Ordinance itself; of the Remarks made upon it and transmitted to us by His Majesty's Governor; and of the Objections to it stated by an Agent appointed for that purpose by His Majesty's principal trading Subjects resident at Quebec.

The Courts of Judicature and the Jurisdictions established by this Ordinance,[83] a copy of which is hereunto annexed are as follows, Vizt. — 

First — A Superior Court of Judicature or Court of King's Bench, in which the Chief Justice appointed by His Majesty is to preside, and to sit and hold Forms at Quebec twice in every Year, with Authority to the said Court to hear and determine all criminal and civil Causes, agreeable to the Laws of England, allowing Appeals to the Governor and Council when the Matter in Contest is above the Value of three hundred Pounds Sterling.

Secondly — A court of Assize and general Gaol Delivery to be held by the Chief Justice once in every Year at the Towns of Montreal and Trois Rivieres.

Thirdly — An inferior Court of Judicature or Court of Common Pleas to be held at Quebec at the same Times when the Superior Courts sits, with Jurisdiction to try and determine all Property above ten Pounds without limitation, with Liberty of Appeal to the Superior Court, when the matter in Contest is of the Value of twenty Pounds and upwards, and to the Governor and Council in cases where the Matter in Contest amounts to three hundred Pounds: all Trials in this Court to be by Juries, if required by either Party, and the Judges to determine agreeable to Equity, having regard nevertheless to the Laws of England.

Fourthly — For the Trial of Matters of Property of a small Value in a summary way by Justices of the Peace in the several Districts a Power is given to any one Justice to hear and determine without Appeal all Causes to the Amount of five Pounds; to any two Justices to hear and finally determine without Appeal all Causes to the Amount of ten Pounds, and to three Justices to hear and determine in the Quarter Session all Matters of Property above ten Pounds, and not exceeding thirty Pounds, with Liberty of Appeal to the Superior Court of King's Bench.

Fifthly — For keeping the Peace and executing the Orders of the Justices in respect to the Police, every Parish is to elect once a Year six Persons to serve as Bailiffs, out of which number the Governor is to nominate and appoint the Persons who are to act in that Capacity in each Parish.

The Duty of these Officers is to inspect the High Ways and publick Bridges, and to see they are kept in Repair, to arrest and apprehend Criminals against whom they have Writs or Warrants, to act in the Character of Deputy Coroners, and to decide in a summary way upon all Disputes concerning the breaking or repairing of Fences.

This, may it please Your Lordships is the general Plan and outline of this Establishment.

But before we enter into a particular Examination of these several Judicatures and Jurisdictions separately considered, it may not be improper to observe to your Lordships that in the Govrs, remarks upon the sevl. provisions of this ordinance there is a note upon that part of it which Directs the holding Courts of Assize at Montreal in the following words, vizt.

"We find which was not at first apprehended that the Court of Assize proposed to be held at Montreal twice in every Year, will be attended with much Expence to the Crown, and therefore that Establishment shall be cancelled."

This remark we find by the proceedings of the Govr. & Council has been represented, by them to refer to another Ordinance since promulgated directing that all Grand and Petty Jurys to be summoned to serve at any Court of Record, Court of Assize & genl. Gaol Delivery shall be summoned & returned from the body of the Province at large which Ordinance tho' purporting to be a Genl. Regulation was however plainly intended to remove from Montreal to Quebec the trials of those persons charged with the violent assault & wounding Mr. Walker of Montreal and therefore we shall leave it to His Majesty's Judgmt. & decision upon the Circumstances of that case which we have already humbly submitted to His Majesty and shall return to the consideration of the Genl. Ordinance of the 17th of Sept upon which it may not be improper to make a short observation or two.

First. Upon some erroneous general Principles, which seem to have been adopted by those who framed this Ordinance:

Secondly. Upon the very loose and imperfect manner in which it is drawn.

The principal error by which the Framers of this Ordinance seem to have been misled, is, that the native Canadians are under such personal Incapacity, and their Laws and Customs so entirely done away, as that they cannot be admitted either as Suitors or Advocates to participate in common with the rest of His Majesty's Subjects of the Advantages of that System of Justice in respect to Matters of Property, for the Administration of which the Superior Court seems to have been instituted, for though they are admitted to serve indiscriminately as Jurors in this Court, yet it is evident from the express mention of the peculiar Privileges they are to Enjoy in the inferior Court, that it is intended neither that their Customs and Usages in Questions of Property should be allowed of in the Superior Court, nor themselves be admitted to practice therein as Proctors, Advocates or Attornies.

This Distinction and Exclusion seem to us to be as inconsistent with true Policy, as it is unwarrantable upon the Principles of Law and Equity, which do not, we apprehend, when Canadian Property acquired under the French Government is concerned, operate against the Admission in a Court of Justice, of such Laws and Customs of Canada as did heretofore govern in cases relative to such Property: Neither do we conceive what foundation there is for the Doctrine, that a Roman Catholick, provided he be not a Recusant convict is incapable of being admitted to practice in those Courts as a Proctor, Advocate or Attorney even independent of Ye. opinion of His Majesty's Attorney and Solicitor General in a late Report made to us, a Copy of which is hereunto annexed, that Roman Catholics &c. in Canada are not subject to any of the Incapacities, Disabilities or Penalties to which Roman Catholics in this Kingdom are subject by the Laws thereof.[84]

As to the manner in which the said Ordinance appears to have been Drawn up, which is the second Question which has Reference to it in the general Consideration, it is our Duty to observe, that it is in many Parts so far from having that Accuracy and Precision that ought to have been particularly attended to in the framing an Ordinance of so great Importance, and upon the Construction of which the Life, Liberty and Property of the Subject depend, that it is very Deficient even in those common Forms and modes of Expression, that are Essential and necessary in Laws of the most trifling signification, and the want of which has frequently been esteemed a sufficient Ground of Repeal.

Whether these obvious Defects in the manner of framing this Ordinance are to be attributed to the Neglect or the Inability of the Officers in the Law Departments of this Colony, we cannot take upon us to say; but from whatever cause it proceeds, it is a Circumstance of very great Importance to the Welfare and Interest of the Colony, & does in our Opinion merit your Lordships Animadversion; for as your Lordships will have seen already from the Powers vested in His Majesty's Governor, to what a great Variety of Difficult and important Objects they apply, it must necessarily occur to your Lordships, that a great deal depends upon the Industry, Vigilance and Ability of those Officers, with whose Concurrence he must Act, and upon whose Advice and Assistance he must in great measure depend, in forming the various Establishments incident to a new Colony.

Having said thus much with regard to the general Principles of this Ordinance & the imperfect manner in which it is framed, we shall proceed to submit to your Lordships as briefly as possible the Observations, which have occurred upon the several Parts of it, as they relate to the particular Judicatures and Jurisdictions thereby established.

The Objections stated to the Constitution & Jurisdiction of the Superior Court or Court of King's Bench, are,

First — That there is no Qualification prescribed for the Jurors.

Secondly — That there is no Provision made in respect to Bail in matters bailable by the Laws of England, or for securing to the Subject the Right he has to a Writ of Habeas Corpus.

Thirdly — That as by this Ordinance all Persons