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

Date of first publication: 1918

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

Date first posted: May 26, 2018

Date last updated: May 26, 2018

Faded Page eBook #20180527

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 II

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

CARLETON TO DARTMOUTH.[1]

Quebec 23d Septr 1774.

(No. 1.)

Duplicate.

My Lord!

I take the first Opportunity that offers of acquainting your Lordship with my Arrival here the 18th instant, where I have had the Satisfaction of finding His Majesty's Canadian Subjects impressed with the strongest sense of The King's great Goodness towards them in the late Act of Regulation for the Government of this Province; All Ranks of People amongst them vied with each other in testifying their Gratitude and Respect, and the Desire they have by every Mark of Duty and Submission to prove themselves not undeserving of the Treatment they have met with — 

*     *     *     *     *     *     *

I am with much Esteem and Respect

   Your Lordship's

      Most Obedient and

      Most Humble Servant

            GUY CARLETON

Earl of Dartmouth

   One of His Majesty's

      Principal Secretaries of State.


Canadian Archives, Q 10, p. 120. After the passing of the Quebec Act, Carleton left early in July to resume his position as Governor of the enlarged Province of Quebec under its new constitution.

EXTRACT OF A LETTER FROM GENERAL GAGE TO GENERAL CARLETON DATED BOSTON SEPTr. 4th, 1774.[2]

"The present Situation of Affairs in this Province obliges me to collect all the Force in my Power; I have therefore sent Transports for the 10th and 52nd Regiments to bring them to this Place, at the same Time I submit to you, whether you think any Thing is to be dreaded from the Absence of these Corps, internally in the Province of Quebec during the Winter; for as these Regiments will come down the River so late in the Year, and may be replaced early in the Spring, I imagine no Danger can be apprehended from without. If therefore you think the Fusileers at Quebec, and the Part of the 26th at Montreal, with small Detachments from them at Trois Rivieres and Chambli, can preserve Peace and good Order in the Province, I am to beg you will order the 10th and 52d Regiments to embark without Delay on board the Transports, for you will think with me they will have no Time to spare in coming down the River St. Laurence.

"As I must look forward to the worst, from the apparent Disposition of the People here, I am to ask your Opinion, whether a Body of Canadians and Indians might be collected, and confided in, for the Service in this Country, should matters come to Extremities; and on what Plan, and what Measures would be most efficacious to raise them, and for them to form a Junction with the King's Forces in this Province?"

G.C.

Endorsed: — Extract of a Letter from

   General Gage to General

   Carleton dated Boston Septr

   4th 1774.

   In Governor Carleton's

   of the 23rd Septr No 1


Canadian Archives, Q 10, p. 122. This was sent as an enclosure with the previous despatch, and is one of numerous documents showing immediate preparation on the part of the English authorities, after the passing of the Quebec Act, to make use of the Canadians and Indians in connection with the colonial troubles to the south.

EXTRACT OF GENERAL CARLETON'S ANSWER TO GENL GAGE DATED QUEBEC 20th SEPTr 1774.[3]

"Your Express reached this Place yesterday Evening, about twenty Hours after my Arrival; Pilots are sent down the River, the 10th and 52nd shall be ready to embark at a Moment's Notice, and as you directed" — 

"The Canadians have testified to me the strongest marks of Joy, and Gratitude, and Fidelity to the King, and to His Government, for the late Arrangements made at Home in their Favor; a Canadian Regiment would compleat their Happiness, which in Time of Need might be augmented to two, three, or more Battalions, tho' for the Satisfaction of the Province, and 'till the Kings Service might require more, one would be sufficient, and I am convinced their Fidelity and Zeal might be depended on; should this Measure be at length adopted (which I have long since Recommended)[4] 'tis essentially necessary their Appointments should be the same as the rest of the Infantry, with half pay, in Case they should be reduced; the Savages of this Province, I hear, are in very good Humor, a Canadian Battalion would be a great Motive, and go far to influence them, but you know what sort of People they are" — 

G.C.

Endorsed: — Extract of General Carleton's

   Answer to General Gage

   dated Quebec 20th Septr 1774.

   In Governor Carleton's

   of the 23d Sepr. No 1


Canadian Archives, Q 10, p. 123. This was also enclosed in Carleton's despatch of 23rd Sept., 1774.

See, among others, his letter to Gage of Feb. 15th, 1767; p. 280. Also his letter to Shelburne of Nov. 25th, 1767; p. 281.

DARTMOUTH TO CARLETON.[5]

Whitehall 10th Decr 1774

Governor Carleton

Sir,

I have received your Dispatch of the 23d of Septr acquainting me with your Arrival at Quebec, and that you found His Majesty's Canadian Subjects impressed with a just Sense of His Majestys Goodness to them, and highly satisfied and pleased with the Regulations adopted for the future Government of the Colony — 

As you are silent as to the Sentiments of His Majesty's Natural born Subjects in Canada respecting the late Act, I am not at liberty to conclude that they entertain the same opinion of it, but the King trusts that when the Provisions of it have taken place and His Majesty's gracious Intentions with respect to the Plan of Judicature[6] that is to be established are well known, prejudices which popular Clamour has excited, will cease, and that His Majesty's Subjects of every description will see and be convinced of the Equity and good Policy of the Bill.

It will be your Care, Sir, at the same time you express to the King's new adopted Subjects His Majesty's gracious approbation of the Affection and Respect they have shewn for His Government, to endeavour by every Argument which your own good sense will suggest to you, to persuade the natural born subjects of the justice & propriety of the present form of Government and of the attention that has been shewn to their Interests not only in the adoption of the English Laws, as far as it was consistent with what was due to the just Claims and moderate. Wishes of the Canadians, but in the opening to the British Merchant, by an Extension of the Province, so many new Channels of important Commerce.

You will have seen, by the public Prints, that Mr. Hey has been elected for Sandwich in the new Parliament and will naturally conclude that he has no Intention of returning to Quebec; but I have the Satisfaction to acquaint you, that is not the case, and that he is resolved to return to Quebec in the Character of Chief Justice although he should be under the necessity of relinquishing his Seat in Parliament which however we hope and think may be avoided, and I mention this with the greater Pleasure, knowing how great a satisfaction it must be to you to have his advice and opinion upon the many important Objects that remain to be provided for.[7]

It is very much to be wished that the season of the Year would admit of his being the Bearer of your Commission and Instructions, and of the Notifications of His Majesty's Pleasure with regard to the Variety of Arrangements which are to be made; but as that cannot be, I propose to send them to you by the next New York Packet under cover to Lieut Govr Colden, with Directions to him to see them conveyed to you from New York by a proper Messenger and with all possible Dispatch.

I am &ca

DARTMOUTH.

Endorsed: — Drat to Govr Carleton

   10th December 1774


Canadian Archives, Q 10, p. 125.

It was intended to furnish an ordinance for the establishment of courts in Canada and send it out to be enacted by the Council. Two plans were proposed, as we learn from a paragraph in Under Secretary Pownall's note to Lord Dartmouth of July 17th, 1774. "I have also conversed with Mr. Hey on the Plan of judicature for Quebec he thinks my plan will do as well as his I am convinced his ought to be preferred; we both agree that anything that falls short of, goes beyond, or halts between either will be improper." M 385, p. 425. Of these only the one by Hey appear to have been actually drawn out, as we learn from Hey's letter to Dartmouth. "My Lord — I did myself the honour to call at your Lordships house with the draught of an Ordinance for establishing Courts of Justice at Quebec, and thro'out the Province, which I most sincerely wish may have the good fortune to be better thought of by your Lordship than I will freely confess it is by the author of it — without any affectation of modesty which appears to me as bad as any other sort of affectation, I must own it is a work beyond my abilities & somehow or other I have had the ill luck to have had very little assistance in it except from Mr. Jackson indeed not any. & He is at present much taken up with the business of the Court of Chancery." M 385, p. 490. The draught of an ordinance here referred to, it the one given in the same volume, at p. 373, and endorsed, "Epitome of a proposed Ordinance for establishing Courts of Justice in the Province of Quebec." The complete ordinance as drawn is given below, p. 637.

Wm. Hey returned to Canada as Chief Justice in April, 1775.

CARLETON TO DARTMOUTH.[8]

(No. 3.)

Quebec 11th November 1774.

My Lord! — Soon after my Arrival here, I informed Your Lordship of the Gratefull Sense, The King's Canadian Subjects, in this Part of the Province entertained of the Acts of Parliament passed in their Favour during the last Session; those more remote have since, in all their Letters and Addresses, expressed the same Sentiments of Gratitude and Attachment to His Majesty's Royal Person and Government as well as to the British Interests.

The most respectable part of the English residing at this Place, notwithstanding many Letters received from Home, advising them to pursue a different Course, likewise presented an Address expressive of their Wish to see universal Harmony and a dutifull Submission to Government continue to be the Characteristic of the Inhabitants of this Province, and assuring me, that nothing should be wanting, upon their Parts, to promote so desirable an End; I believe, most of those, who signed this Address, were disposed to act up to their Declaration, which probably would have been followed by those, who did not, if their Brethren at Montreal had not adopted very different Measures.

Whether the Minds of the latter are of a more turbulent Turn, or that they caught the Fire from some Colonists settled among them, or in reality Letters were received from the General Congress, as reported, I know not; Certain it is however, that shortly after the said Congress had published in all the American Papers their approbation of the Suffolk County Resolves[9] in the Massachusetts, a Report was spread at Montreal, that Letters of Importance had been received from the General Congress, all the British there flocked to the Coffee House to hear the News, Grievances were publicly talked of, and various Ways for obtaining Redress proposed, but that Government might not come to a true Knowledge of their Intentions, a Meeting was appointed at the House of a Person then absent, followed by several others at the same Place, and a Committee of four Named, consisting of Mr. Walker, Mr. Todd, Mr. Price, and Mr. Blake, to take Care of their Interests, and prepare Plans for Redress.

Mr. Walker, whose Warmth of Temper brought on him, some Time before my Appointment to this Command, the very cruel and every Way unjustifiable Revenge,[10] which made so much Noise, now takes the Lead, and is not unmindful of his Friend Mr. Maseres upon the Occasion.

Their Plans being prepared, and a Subscription commenced, the Committee set out for Quebec, attended in Form by their Secretary, a Nephew of Mr. Walker's, and by Profession a Lawyer; immediately upon their Arrival here, their Emissaries having prepared the Way, an Anonimous Summons was posted up in the Coffee House for all the British Subjects to meet at a particular Tavern, and a Messenger sent round with a verbal Notice to such as might not have seen the written Summons; At this first Meeting a Committee of seven, consisting of Mr. John Paterson, since gone to London, Mr. Zachariah Macaulay, Mr. John Lees Senior, said to intend going Home this Fall, Mr. John Aitkin, their Treasurer, Mr. Randal Meredith, Mr. John Welles, and Mr. Peter Fargues, was appointed to prepare and adjust Matters with those of Montreal; several discreet People at this Place and Montreal declined attending those Meetings, as soon as they discovered what they aimed at.

There have been several Town Meetings since, as they are pleased to stile them, and Meetings of the joint Committees, at which, tis said, they have resolved to write Letters of Thanks to the Lord Mayor and Corporation of London,[11] to some of the Merchants in the City, and to Mr. Maseres, for having taken the Province under their Protection, and praying a Continuance of their zealous Endeavours in so good a Cause; they intend a handsome Present in Cash to Mr. Maseres, with the Promise of a larger Sum, in Case he succeeds; Petitions are likewise to be presented to The King, to the Lords, and to the Commons,[12] but of all this I speak doubtfully, as they have taken uncommon Pains to keep their whole Proceedings from my knowledge.

This much however is certain, that the Canadians feel some Uneasiness at these Proceedings; they are surprised that such Meetings and nocturnal Cabals should be suffered to exert all their Efforts to disturb the Minds of the People by false and seditious Reports, calculated to throw this Province into the same Disorders that reign in other Parts of this Continent; They express some Impatience and Indignation at being solicited to join in such Proceedings, and are not without their Fears, that some of their Countrymen, under the Awe of menacing Creditors, and others, from Ignorance, may have been induced to put their Hands to a Paper, which, they are assured, is intended to secure their Lands and Property, and take from the Governor the Power of seizing them to his own Use, or sending them and their Families up the Country among the Savages, or waging War, at his own Pleasure, upon the Bostonians; in short to relieve them from the Oppressions and Slavery imposed upon them by those Acts of Parliament; They are the more apprehensive these and such like Reports may have had Effect upon some weak and ignorant People, that from the Precision necessary in the Translation, the Acts themselves have not as yet been promulgated.

I have assured the Canadians, that such Proceedings could never affect the late Measures taken in their Favor, nor did I believe, they ever would succeed with Government upon any Occasion, so that they might remain in perfect Tranquility upon that Account; Notwithstanding my thorough Conviction, of the Assurances, I have given them, and that all these Town Meetings, all the Reports, breathing that same Spirit, so plentifully gone forth through the neighbouring Provinces, can for the present only excite a trifling and momentary Agitation, I cannot but Regret, such Examples should be set the People of this Province, and think, Government cannot guard too much, or too soon, against the Consequences of an Infection, imported daily, warmly Recommended, and spread abroad by the Colonists here, and indeed by some from Europe, not less violent than the Americans.

I am informed, all Persons from Boston for Canada are searched for Letters, and strictly examined, if they have any verbal Message from General Gage for me, so that I am not likely to hear from the General, before the Navigation opens next Summer.

I am with much Esteem and Respect

      Your Lordship's

      Most Obedient and

      Most Humble Servant

            GUY CARLETON

Earl of Dartmouth

   One of His Majesty's

      Principal Secretaries of State.


Canadian Archives, Q 11, p. 11.

These were adopted on Sept. 9th, 1774.

The chief documents dealing with the Walker outrage are given in the "Report on Canadian Archives," for 1888, p. 1.

"On the 22nd of June, the Lord Mayor, attended by several aldermen, the recorder, and upwards of one hundred and fifty of the common council, went up with an address and petition to the King, supplicating his Majesty not to give his assent to the bill." Cavendish "Debates," &c. Preface, p. IV.

These petitions were presented and are given immediately following this despatch.

PETITIONS FOR THE REPEAL OF THE QUEBEC ACT.[13]

TO THE KING'S MOST EXCELLENT MAJESTY.

THE PETITION of your Majesty's most loyal and dutiful your ancient Subjects settled in the Province of Quebec,

MOST HUMBLY SHEWETH

THAT We upon the Faith of your Sacred Majesty's Royal Proclamation bearing Date the Seventh Day of October which was in the Year of Our Lord One thousand seven Hundred and Sixty three Did come and Settle ourselves in the said Province purchasing Houses and Lands and carrying on extensive Trade Commerce and Agriculture whereby the Value of the Land and Wealth of it's Inhabitants are more than doubled during all which Time, We humbly crave leave to say that we have paid a ready and dutiful Obedience to Government and have lived in Peace and Amity with your Majesty's new Subjects. Nevertheless we find and with unutterable Grief presume to say that by a late Act of Parliament intitled "An Act for the making more effectual Provision for the Government of the Province of quebec in North America" We are deprived of the Franchises granted by Your Majesty's Royal Predecessors and by us inherited from our Forefathers That We have lost the Protection of the English Laws so universally admired for their Wisdom and Lenity and which we have ever held in the highest Veneration and in their Stead the Laws of canada are to be introduced to which we are utter Strangers disgraceful to us as Britons and in their Consequences ruinous to our Properties as we thereby lose the invaluable Privilege of trial by juries. THAT in Matters of a Criminal Nature the Habeas Corpus Act is dissolved and we are Subjected to arbitrary Fines and Imprisonment at the Will of the Governor and Council who may at Pleasure render the Certainty of the Criminal Laws of no Effect by the great Power that is granted to them of making Alterations in the same.

WE therefore most humbly implore your Majesty to take our unhappy state into your Royal Consideration and grant us such Relief as your Majesty in your Royal Wisdom shall think meet.

And your Petitioners as in Duty bound

Will ever Pray.[14]

Quebec 12th November 1774.

Zachary MacaulayEdwd ManwaringDavd Salesby Franks
John AitkinMichael FlanaganJohn Richardson. Junr
Jno PatersonJ. MelvinJames Leach
Quebec ⎨Randle MeredithGeo. MunroEzekiel Solomons
Committee⎪John LeesJas HannaJames Perry
John WellesJoseph TorreyJ. Beek
S. FarguesThos Walker, junrLawrence Ermatinger
John McCordJas Dyer WhiteSimon McTavish
Chas. GrantJno BellJ. Pullman
Robert WoolseyAndrew M'GillJames Frazer
Nicholas BayardSam: HolmesG. Young
John PainterJames BlakeWillm Ashby
Thomas McCordJames NoelGavin Laurie
Henry GrebassaThomas McMurrayPhill. Brickman
Robt. WillcocksAllan PatersonBenj. Holborn
John RenaudJames SymingtonJoseph Borrel
Christy CramerAbram HolmesJohn Connolly
Geo: GregoryJohn NeagleJohn Durocher
Lewis ChaperonPeter ArnoldiB. Janis
Frederick PetryDanl RobertsonJ. Joran
James CumingAlexr MilmineJacob Maurer
William LaingThos FraserSimon Levy
George JenkinsA. PorteousEdward Chinn
Francis SmithJoseph IngoRichd McNeall
Alexander WallaceAdam ScottRobt. Cruickshanks
Jas FinlayJohn Comfort
Thomas WalkerPat McClementAdam Wentsel
James PriceWm PantreeAllan McFarlain
Montreal ⎨John BlakeJacob BittezJacob Vander Heyden
Committee⎪Isaac ToddLeach SmithHinrick Gonnerman
Alexr PatersonJohn SaulJohn Hare, Junr
Jno PorteousFrancis AndersonGeo. Wright Knowles
Rich'd DobieSimon FraserBenjn Frobisher
Geo. MeasamJohn RossWm Murray
Saml JacobsJohn McCluerJas Anderson
Nicholas BrownJames WoodsJohn Trotter
Michl. MorinJohn LeesChrist. Chron
William KayLemuel BowlesWillm England
John LillyThomas DavidsonMeshach Leeng
John SunderlandPatrick O'DonellThomas Boyd
J. GrantArchd LawfordJohn Mittleberger
James MorrisonSimon Fraser JunrSolomon Mittleberger
Jas SinclairRichd VincentIsaac Judah
John ChisholmDaniel CameronPeter Mcfarlane
James JeffryJames GalbraithJas May
Robt. McFieRoderick McLeodJacob Schieffelin
Francis AtkinsonJohn White SwiftBenaiah Gibb
David ShoolbredJohn BondfieldJohn George Walk
Jonas Clarke MinotWill: CallanderMichael Phillips
Godfrey KingDad GeddesC. Dumoulin
George DavisonSaml MorrisonFrancois Dumoulin
George KingJohn ThomsonDuncan Cumming
John LyndAlexander HayWilliam Haywood
Caleb ThorneJas DoigJohan Nikal
John Lees, junrJoseph BindonSein Mann
Robt. JacksonAndrew HaysRobt. McCay
Hugh RitchieGeo: SingletonCharles Le Mardert
Alexander LawsonJno StonhouseJames Robinson
Charles DaileyJohn KayJean Bernard
Lazarus DavidJosiah BleakleyAlexr Fraser
D. BouthillierAaron HartMalcolm ffraser
Richd WalkerLevy SolomonsJohn McCord Junr
Henry Dunn

(Original)

Recd, 22d January 1775.


Canadian Archive, Q 11, p. 98. This is also given in Maseres' "An Account of the Proceedings" &c., p. 239. Only the petition to the King is given in the State Papers, but those to the Lords and Commons are also given by Maseres. The British element in the Province, for the most part, on learning the nature of the Quebec Act, which deprived them of the protection of the writ of Habeas Corpus and of trial by jury, under the restored French Law, set about procuring petitions for its repeal or amendment. They formally appointed Maseres as their agent in London, and to him they sent the three petitions to the King, Lords, and Commons. "These petitions were received by Mr. Maseres about the 12th or 13th of last January, 1775; and the first of them, that to the King's majesty, was delivered by him to the Earl of Dartmouth, his majesty's secretary of state for America, on the 18th of the same month; and those to the House of Lords and House of Commons were some time after delivered to the Lord Camden and Sir George Savile, who, approving the contents of them, undertook to present them to their respective houses of parliament." "An Account of the Proceedings," &c., p. 238.

The spelling of the names has been revised from the lists as given in "An Account of the Proceedings," &c., pp. 241, 248, 258.

PETITIONS TO THE LORDS.[15]

"To the Lords Spiritual and Temporal in Parliament assembled.

"The Petition of his Majesty's loyal and dutiful his ancient Subjects settled in the Province of Quebeck,

"Humbly sheweth,

"That since the commencement of civil government in this province, your lordships' humble petitioners, under the protection of English laws granted us by his sacred majesty's royal proclamation, bearing date the seventh day of October, which was in the year of our Lord one thousand seven hundred and sixty-three, have been encouraged to adventure their properties in trade, estates and agriculture, to a very considerable amount, thereby rendering the province a valuable acquisition to Great-Britain: That, to their inexpressible grief, they find, by an act of parliament intitled, "An act for making more effectual provision for the government of the province of Quebeck in North-America," they are deprived of the habeas corpus act and trials by juries, are subjected to arbitrary fines and imprisonment, and liable to be tried both in civil cases and matters of a criminal nature, not by known and permanent laws, but by ordinances and edicts which the governour and council are impowered to make void at their will and pleasure, which must render our persons and properties insecure, and has already deeply wounded the credit of the country, and confined our views in trade to very narrow limits.

"In this cruel state of apprehension and uncertainty, we humbly implore your lordships' favourable interposition, as the hereditary guardians of the rights of the people, that the said act may be repealed or amended, and that your humble petitioners may enjoy their constitutional rights, privileges and franchises heretofore granted to all his majesty's dutiful subjects.

"And your petitioners, as in duty bound, will ever pray.

"Quebeck, 12th Nov. 1774."


"An Account of the Proceedings," &c., p. 246. This bears the same signatures as the petition to the King.

PETITION TO THE COMMONS.[16]

"To the Honourable the Commons of Great-Britain in Parliament assembled.

"The humble Petition and Memorial of his Majesty's ancient Subjects the Seigneurs, Freeholders, Merchants, Traders, and others settled in his Majesty's Province of Quebeck,

"Sheweth,

"That, under the sanction of his majesty's royal proclamation, bearing date the seventh day of October, in the year of our Lord one thousand seven hundred and sixty-three, which graciously promises to all persons inhabiting in, or resorting to, this province, his royal protection for the enjoyment of the benefit of the laws of the realm of England, until assemblies should be called therein, they did come and settle themselves in this province, having entrusted their own properties, as well as very considerable sums of their friends, in goods and merchandize, from Great-Britain, and entrusted the same into the hands of the Canadians, as well for the purpose of internal trade in the province, as for outsets in carrying on the traffick of furs and peltries in the Indian countries and fisheries below Quebeck, many of them having purchased lands and houses, and been employed in agriculture, and the exportation of grain and other produce to foreign markets, to the great benefit and emolument of the said province, which has flourished chiefly by the industry and enterprising spirit of the said subjects, who, under the protection of British laws, and by the assistance of annual supplies of British manufactures, and other goods and merchandize obtained upon credit from the merchants of Great-Britain, have been enabled to carry on at least four parts in five of all the imports and exports which are principally made in British bottoms, the latter consisting of furs, peltries, wheat, fish, oil, pot-ash, lumber, and other country produce: and for the more convenient carrying on the said trade and commerce, they have built wharfs and store-houses at a very great expense, insomuch that the property, real and personal, now in British hands, or by them entrusted to Canadians at a long credit, is one half of the whole value of the province, exclusive of the wealth of the different communities; which your petitioners have in part set forth in the humble petition to his most excellent majesty, dated at Quebeck the thirty-first day of December which was in the year of our Lord one thousand seven hundred and seventy-three;[17] humbly praying, that he would be graciously pleased to require his governour or commander in chief to call a general assembly, in such manner, and of such constitution and form, as to his majesty's royal wisdom should seem best adapted to secure the peace, welfare, and good government of this province. Wherefore with deep concern they observe, that in certain examinations taken before your honourable house, the British subjects here have been grossly abused and misrepresented, as well as to their numbers as in their importance in this province. For the number of the new subjects has, we humbly conceive, been greatly exaggerated, it being, by the last computation, about seventy-five thousand; whereas, by an enumeration of the British subjects, they amount at this time to upwards of three thousand souls, besides many that we cannot immediately ascertain that are dispersed in the Indian countries carrying on traffick with the savages, besides the merchants and traders with their families settled at Detroit and its dependencies, and at the fisheries below Quebeck. And whereas an act of parliament has lately passed, intituled, "An act for the making more effectual provision for the government of the province of Quebeck in North-America," which is said to have been passed upon the principles of humanity and justice, and at the pressing instance and request of the new subjects, signified to his majesty by an humble petition[18] setting forth their dislike to the British laws and form of government, and praying, in the name of all the inhabitants and citizens of the province, to have the French institutes in their stead, and a total abolition of trials by jury, together with a capacity of holding places of honor and trust in common with his majesty's ancient subjects. We crave leave to inform your honourable house, that the said petition was never imparted to the inhabitants in general (that is) the freeholders, merchants and traders, who are equally alarmed with us at the Canadian laws being to take place, but was in a secret manner carried about and signed by a few of the seigneurs, chevaliers, advocates, and others in their confidence, at the suggestions, and under the influence of their priests; who, under colour of French laws, have obtained an act of parliament which deprives his majesty's ancient subjects of all their rights and franchises, destroys the Habeas Corpus act, and the inestimable privilege of trial by juries, the only security against the venality of a corrupt judge, and gives unlimited power to the governour and council to alter the criminal laws; which act has already struck a damp upon the credit of the country, and alarmed all your humble petitioners with the just apprehensions of arbitrary fines and imprisonment, and which, if it takes place, will oblige them to quit the province, or, in the end, it must accomplish their ruin, and impoverish or hurt their generous creditors, the merchants in Great-Britain, &c. To prevent which, your petitioners most humbly pray that the said act may be repealed or amended, and that they may have the benefit and protection of the English laws, in so far as related to personal property; and that their liberty may be ascertained according to their ancient constitutional rights and privileges heretofore granted to all his majesty's dutiful subjects throughout the British empire.

"And your petitioners, as in duty bound, will ever pray.

"Quebeck, 12th Nov. 1774."


"An Account of the Proceedings" &c., p. 254. This also bears the same list of names as the other petitions.

See p. 495.

See p. 554.

INSTRUCTIONS TO GOVERNOR CARLETON, 1775.[19]

George R.

     [L.S.]

Instructions to Our Trusty and Welbeloved Guy Carleton Esquire, Our Captain General and Governor in Chief in, and over Our Province of Quebec in America and of all Our Territories dependent thereupon. Given at Our Court at St James's the Third Day of January 1775. In the Fifteenth year of Our Reign.

First, 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, and all Our Territories thereunto belonging, as the said Province and Territories are bounded and described in, and by the said Commission. You are therefore to take upon you the Execution of the Office and Trust We have reposed in you, and the Administration of the 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; and you are to call together at Quebec, (Which We do hereby appoint to be the place of your ordinary Residence, and the principal Seat of Government,) the following persons whom We do hereby, with the Advice of Our Privy Council, constitute and appoint to be Our Council for the Affairs of Our said Province of Quebec, and the Territories thereunto belonging; Viz. Hector Theophilus Cramahé Esquire, Our Lieutenant Governor of Our said Province or Our Lieutenant Governor of Our said Province for the time being, Our Chief Justice of Our Province for the time being, Hugh Finlay, Thomas Dunn, James Cuthbert, Colin Drummond, Francis Les Vesques; Edward Harrison, John Collins, Adam Mabean, — De Lery, — St Ours, Picodyde Contrecoeur, Our Secretary of Our said Province for the time being, George Alsopp, — De La Naudiére, La Corne St Luc, Alexander Johnstone, Conrad Gugy, — Bellestres, — Rigauville, and John Fraser Esquires; All and every of which Person and Persons shall hold and enjoy his & their Office and Offices of Councillor or Councillors for Our said Province of Quebec, for and during Our Will and Pleasure, and his or their Residence within Our said Province, and not otherwise.

2. It is Our further Will and Pleasure, that any five of the said Council shall constitute a Board of Council for transacting all Business, in which their Advice and consent may be requisite, Acts of Legislation only excepted, (in which Case you are not to act without a Majority of the whole,) And it is Our further Will and Pleasure, that the Members of Our said Council shall have and enjoy all the Powers, Privileges, and Emoluments enjoyed by the Members of Our Councils in Our other Plantations; and also such others as are contained and directed in Our said Commission under Our Great Seal of Great Britain, and in these Our Instructions to you; and that they shall meet together at such time and times, place and places, as you in your discretion shall think necessary, except when they meet for the purpose of Legislation, in which Case they are to be assembled at the Town of Quebec only.

3. And You are with all due and usual Solemnity to cause Our said Commission to be read and published at the said Meeting of Our Council, which being done, you shall then take and also administer to each of the Members of Our said Council, (not being a Canadian, professing the Religion of the Church of Rome,) 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 altered and explained by an Act passed in the sixth year of Our Reign, intituled, "An Act for altering the Oath of Abjuration, and the Assurance; and for amending so much of an Act of the seventh year of Her late Majesty Queen Anne, intituled, An Act for the Improvement of the Union of two Kingdoms, as, after the time therein limited, requires the delivery of certain Lists and Copies, therein mentioned, to persons indicted of High Treason, or Misprision of Treason;" as also 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 Whereas by an Act passed in the fourteenth year of Our Reign, intituled, "An Act for making more effectual provision for the Government of the Province of Quebec in North America," it is enacted and provided, that no person, professing the Religion of the Church of Rome, and residing in the said Province, shall be obliged to take the Oath of Supremacy required by an Act passed in the first year of the Reign of Queen Elizabeth, or any other Oaths substituted by any other Act in the place thereof; but that every such Person, who by the said Statute is required to take the Oaths therein mentioned, shall be obliged, and is thereby required, under certain Penalties, to take and subscribe an Oath in the form and Words therein prescribed, and set down; It is therefore Our Will and Pleasure, that you do administer to each and every Member of Our said Council, being a Canadian, and professing the Religion of the Church of Rome, and cause each of them severally to take and subscribe the Oath mentioned in the said Act passed in the fourteenth year of Our Reign, intituled; "An Act for making more effectual provision for the Government of the Province of Quebec in North America;" and also cause them severally to take an Oath for the due Execution of their places and Trusts, and for their equal and impartial administration of Justice.

5. And that We may be always informed of the Names and Characters of Persons fit to supply the Vacancies, which may happen in Our said Council, You are from time to time to transmit to Us, by one of Our Principal Secretaries of State, the names and Characters of such persons, Inhabitants of Our said Colony, whom you shall esteem the best qualified for that Trust; And you are also to transmit a duplicate of the said Account to Our Commissioners for Trade and Plantations, for their Information.

6. And if it shall at any time happen, that by the death or departure out of Our said Province, of any of Our said Councillors, there shall be a Vacancy in Our said Council, Our Will and Pleasure is; that you signify the same to Us by one of Our principal Secretaries of State, and to Our Commissioners for Trade and Plantations, by the first Opportunity, that we may by Warrant under Our Signet and Sign Manual, and with the Advice of Our Privy Council, constitute and appoint others in their stead.

7. 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.

8. 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.

9. And Whereas by the aforesaid Act passed in the fourteenth year of Our Reign, intituled, "An Act for making more effectual Provision for the Government of the Province of Quebec in North America," It is further enacted and Provided, that the Council for the Affairs of the said Province, to be constituted and appointed in Manner therein directed, or the Major Part thereof, shall have power and Authority to make Ordinances for the peace, Welfare, and good Government of the said Province with the Consent of Our Governor, or, in his absence, of the Lieutenant Governor, or Commander in Chief for the time being; provided, that no Ordinance shall be passed, unless upon some urgent Occasion at any Meeting of the Council, except between the first day of January and the first day of May. [a](And Whereas the State and condition of Our said Province do require, that immediate provision should be made by Law for a Great Variety of Arrangements and Regulations essentially necessary to the Government thereof; It is therefore Our Will and Pleasure, that you do within a convenient time issue Summons for the Assembling of our said Council in their Legislative Capacity either on the first day of April next, or as soon after as may be convenient, in Order to deliberate upon, and frame such Ordinances, as the Condition of Affairs within Our said Province shall require, and as shall, in your and their Judgement, be fit and necessary for the Welfare of Our said Province, and the Territories thereunto belonging.)[20]

10. You are nevertheless to take especial Care,

That no Ordinance be passed at any Meeting of the Council, where less than a Majority of the Council is present, or at any time, except between the first day of January and the first day of May, as aforesaid, unless upon some urgent Occasion; in which Case every Member thereof resident at Quebec, or within fifty Miles thereof shall be personally summoned to attend the same.

That no Ordinance be passed for laying any Taxes or Duties, such Rates and Taxes only excepted, as the Inhabitants of any Town or District may be authorized to assess, levy, and apply within the said Town or District, for the making Roads, erecting and repairing public Buildings, or for any other purpose respecting the Local Convenience and Oeconomy of such Town or District.

That no Ordinance touching Religion, or by which any punishment may be inflicted greater than Fine or Imprisonment for three Months, be made to take effect, until the same shall have received Our Approbation.

That no Ordinance be passed relative to the Trade, Commerce, or Fisheries of the said Province, by which the Inhabitants thereof shall be put upon a more advantageous footing, than any other His Majesty's Subjects either of this Kingdom, or the Plantations.

That no Ordinance respecting private property be passed without a Clause suspending its 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 Ordinance, and those claiming by, from, and under them; And, before such 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 Ordinance in the several Parish Churches, where the Lands in Question lye, for three Sundays at least successively, before any such Ordinance shall be proposed; and you are to transmit and annex to the said Ordinance a Certificate under your hand that the same passed through all the Forms abovementioned.

That no Ordinance 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 Ordinance, 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 Us by one of Our Principal Secretaries of State, and to Our Commissioners for Trade and Plantations, for their Information, of the Reasons and Necessity for passing such Ordinance; nor give your Assent to any Ordinance for repealing any other Ordinance, which hath 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.

That in all Ordinances 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 Ordinance shall be directed; and that a Clause be inserted declaring, that the Money, arising by the Operation of the said Ordinance, shall be accounted for unto Us in this Kingdom, and to Our Commissioners of Our Treasury for the time being; and audited by Our Auditor General of Our Plantations, or his Deputy.

That all such Ordinances be transmitted by you within six Months after their passing, or sooner, if opportunity offers, to Us by One of our Principal Secretaries of State, and Duplicates thereof to Our Commissioners for Trade and Plantations, for their Information; that they be 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 to a new Law, or does repeal a Law then before in being; and you are also to transmit in the fullest manner the Reasons and Occasions for enacting such Ordinances, together with fair Copies of the Journals of the proceedings of the Council, which you are to require from the Clerk of the said Council.

11. In the Consideration of what may be necessary to be provided for by Law within Our said Province, as created and established by the aforesaid Act, intituled, "an Act for making more effectual Provision for the Government of the Province of Quebec in North America," a Great Variety of important Objects hold themselves forth to the Attention of the Legislative Council.

12. The Establishment of Courts, and a proper Mode of administering Civil and Criminal Justice throughout the whole Extent of Our Province, according to the Principles declared in the said Act "for making more effectual Provision for the Government thereof," demand the greatest Care and Circumspection; for, as on the one hand it is Our Gracious purpose, conformable to the Spirit and Intention of the said Act of Parliament, that Our Canadian Subjects should have the benefit and use of their own Laws, Usages, and Customs in all Controversies respecting Titles of Land, and the Tenure, descent, Alienation, Incumbrances, and Settlement of Real Estates, and the distribution of the personal property of Persons dying intestate; so on the other hand, it will be the duty of the Legislative Council to consider well in framing such Ordinances, as may be necessary for the Establishment of Courts of Justice, and for the better Administration of Justice, whether the Laws of England may not be, if not altogether, at least in part the Rule for the decision in all Cases of personal Actions grounded upon Debts, Promises, Contracts, and Agreements, whether of a Mercantile or other Nature; and also of Wrongs proper to be compensated in damages; and more especially where Our natural-born Subjects of Great Britain, Ireland, or Our other Plantations residing at Quebec, or who may resort thither, or have Credits, or Property within the same, may happen to be either Plaintiff or defendant in any civil Suit of such a nature.[21]

13. Security to personal Liberty is a fundamental Principle of Justice in all free Governments, and the making due provision for that purpose is an object the Legislature of Quebec ought never to lose Sight of; nor can they follow a better Example than that, which the Common Law of this Kingdom hath set in the Provision made for a Writ of Habeas Corpus,[22] which is the Right of every British Subject in this Kingdom.

14. With Regard to the Nature and number of the Courts of Justice, which it may be proper to establish, either for the whole Province at large, or separately for its dependencies, and the times and places for holding the said Courts, no certain Rule can be laid down in a Case, in which the Judgement must in many Respects at least be altogether guided by Circumstances of local Convenience and Consideration.

15. In General it may be proper, that there should be a Superior or Supreme Court of criminal Justice and Jurisdiction for the Cognizance of all Pleas of the Crown, and for the Trial of all manner of Offences whatsoever, to be held before the Chief Justice for the time being at such times and places, as shall be most convenient for the due and speedy Administration of Justice, and the preventing long imprisonments; the said Court to be called and known by the name of the Court of King's Bench; That for the more orderly establishment and Regulation of Courts of Civil Jurisdiction, the Province of Quebec, as limited and bounded by the aforesaid Act of Parliament "for making more effectual Provision for the Government of the Province of Quebec in North America," be divided into two Districts by the names of Quebec and Montreal, each district to be limited and bounded in such manner, as shall be thought best adapted to the Object of the Jurisdiction to be established therein; That there be established in each of the said Districts a Court of Common pleas to be held at such times and places, as shall be judged most convenient, and to have full power, Jurisdiction and Authority to hear and determine all Civil Suits and Actions cognizable by the Court of Common Pleas in Westminster Hall, according to the Rules prescribed by the said Act of Parliament "for making more effectual Provision for the Government of the Province of Quebec in North America," and according to such Laws and Ordinances, as shall from time to time be enacted by the Legislature of the said Province in manner therein directed; That there be three Judges in each of the said Courts of Common Pleas, that is to say, two of Our natural-born Subjects of Great Britain, Ireland, or Our other Plantations, and one Canadian; and also one Sheriff appointed for each district; That besides the foregoing Courts of Criminal and Civil Jurisdiction for the Province at large, there be also an Inferior Court of Criminal and Civil Jurisdiction in each of the Districts of the Illinois, St Vincenne, Detroit, Missilimakinac, and Gaspée, by the Names of the Court of King's Bench for such district, to be held at such times, as shall be thought most convenient, with Authority to hear and determine in all Matters of Criminal Nature according to the Laws of England, and the Laws of the Province hereafter to be made and passed; and in all Civil matters according to the Rules prescribed by the aforesaid Act of Parliament "for making more effectual Provision for the Government of Quebec in North America;" That each of the said Courts shall consist of one judge, being a natural-born Subject of Great Britain, Ireland, or Our other Plantations, and of one other Person, being a Canadian, by the name of Assistant or Assessor, to give advice to the Judge in any Matter, when it may be necessary; but to have no Authority or Power to attest or issue any Process, or to give any Vote in any order, Judgement, or decree; That the said Judges, so to be appointed, as aforesaid, for each District, shall have the same power and Authority in Criminal Cases, as is vested in the Chief Justice of Our said Province; and also the same Power and Authority in Civil Cases, as any other Judge of Common Pleas within Our said Province, excepting only that, in Cases of Treason, Murder, or other Capital Felonies, the said Judges shall have no other Authority, than that of Arrest and Commitment to the Goals of Quebec, or of Montreal, where alone Offenders in such Cases shall be tried before Our Chief Justice; That a Sheriff be appointed in each of the said Districts for the Execution of Civil and Criminal Process; That the Governor and Council (of which, in the absence of the Governor and Lieutenant Governor, the Chief Justice is to be President,) shall be a Court of civil Jurisdiction for the hearing and determining all Appeals from the Judgement of the other Courts, where the matter in dispute is above the value of Ten Pounds; That any Five of the said Council, with the Governor, Lieutt Governor, or Chief Justice, shall constitute a Court for that purpose; and that their Judgement shall be final in all Cases not exceeding the value of £500 sterling, in which Cases an Appeal from their Judgement is to be admitted to Us in Our Privy Council. It is however Our Will and Pleasure, that no Appeal be allowed, unless security be first duly given by the Appellant, that he will effectually prosecute the same, and answer the Condemnation, as also pay such Costs and Damages, as shall be awarded by Us, in case the Sentence be affirmed; Provided nevertheless, where the matter in question relates to the taking or demanding any Duty payable to Us, or to any Fee of Office, or annual Rents, or other such like matter or thing, where the Rights in future may be bound, in all such Cases appeal to Us, in Our Privy Council is to be admitted, tho' the immediate sum or value appealed for be of less value. — And it is Our further Will and Pleasure, that in all Cases, where Appeals are admitted unto Us in Our Privy Council, execution be suspended until the final determination of such Appeal, unless good and sufficient security be given by the Appellee to make ample restitution of all, that the Appellant shall have lost by means of such decree or judgement, in case, upon the determination of such Appeal, such decree or judgement should be reversed, and restitution awarded to the Appellant. Appeals unto Us in Our Privy Council are also to be admitted in all cases of Fines imposed for misdemeanors; Provided the fines, so imposed, amounted to, or exceed the sum of £100 sterling, the Appellant first giving good Security, that he will effectually prosecute the same and answer the Condemnation, if the sentence, by which such Fine was imposed in Quebec, be affirmed.[23][b]

16. It is Our 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.

17. You shall not displace any of the Judges, Justices of the peace or other Officers or Ministers without good and sufficient cause, which you shall signify in the fullest and most distinct manner to Us by one of Our principal Secretaries of State, and to Our Commissioners for Trade and Plantations, for their information.

18. 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 Practises in the administration thereof be effectually prevented; We do particularly require you to take especial Care, that in all Courts, where you are or shall be authorized to preside, justice be impartially administered; and that in all other Courts established, or to be established within Our said Province, all Judges, and other Persons therein concerned do likewise perform their several Duties without any delay or partiality.

19. You are to take care, that all Writs be issued in Our Name throughout the Province under your Government.

20. The establishment of proper regulations in matters of ecclesiastical concern is an Object of very great importance, and it will be your indispensable duty to lose no time in making such arrangements in regard thereto, as may give full satisfaction to Our new Subjects in every point, in which they have a right to any indulgence on that head; always remembering, that it is a toleration of the free exercise of the religion of the Church of Rome only, to which they are entitled, but not to the powers and privileges of it, as an established Church, for that is a preference, which belongs only to the Protestant Church of England.

21. Upon these principles therefore, and to the end, that Our just Supremacy in all matters ecclesiastical, as well as civil, may have its due scope and influence, it is Our Will and Pleasure, —  — 

First, that all Appeals to, or correspondence with any foreign ecclesiastical jurisdiction, of what nature or kind so ever, be absolutely forbidden under very severe Penalties.

Secondly, That no Episcopal or Vicarial Powers be exercised within Our said Province by any Person professing the Religion of the Church of Rome, but such only, as are essentially and indispensably necessary to the free exercise of the Romish Religion; and in those cases not without a Licence and Permission from you under the Seal of Our said Province, for, and during Our Will and Pleasure, and under such other limitations & restrictions, as may correspond with the spirit and provision of the Act of Parliament, "for making more effectual provision for the Government of the Province of Quebec;" And no person whatever is to have holy Orders conferred upon him, or to have the Cure of Souls without a License for that purpose first had or obtained from you.

Thirdly, That no person professing the Religion of the Church of Rome be allowed to fill any ecclesiastical Benefice, or to have and enjoy any of the Rights or Profits belonging thereto, that is not a Canadian by birth, (such only excepted, as are now in possession of any such Benefice,) and that is not appointed thereto by Us, or by, or under Our Authority, and that all Right, or claim of right in any other Person whatever to nominate, present, or appoint to any vacant Benefice, other than such as may lay claim to the patronage of Benefices, as a Civil Right, be absolutely abolished. No Person to hold more than one Benefice, or at least not more than can reasonably be served by one and the same Incumbent.

Fourthly, That no person whatever, professing the Religion of the Church of Rome, be appointed Incumbent of any Parish, in which the Majority of the Inhabitants shall solicit the appointment of a Protestant Minister; in such case the Incumbent shall be a Protestant, and entitled to all Tythes payable within such Parish; But nevertheless the Roman Catholicks may have the use of the Church for the free exercise of their Religion at such time, as may not interfere with the Religious Worship of the Protestants: And in like manner the Protestant Inhabitants in every Parish, where the Majority of Parishioners are Roman Catholicks, shall notwithstanding have the use of the Church for the exercise of their Religion at such times, as may not interfere with the Religious Worship of the Roman Catholicks.

Fifthly, That no Incumbent professing the Religion of the Church of Rome, appointed to any Parish, shall be entitled to receive any Tythes for Lands, or Possessions occupied by a Protestant; but such Tythes shall be received by such Persons, as you shall appoint, and shall be reserved in the hands of Our Receiver General, as aforesaid, for the support of a Protestant Clergy in Our said Province to be actually resident within the same, and not otherwise, according to such directions as you shall receive from Us in that behalf. — And in like manner all growing Rents and Profits of a vacant Benefice shall, during such vacancy, be reserved for, and applied to the like uses.

Sixthly, That all Persons professing the Religion of the Church of Rome, which are already possessed of, or may hereafter be appointed to any ecclesiastical Benefice, or who may be licensed to exercise any Power or Authority in respect thereto, do take and subscribe before you in Council, or before such Person as you shall appoint to administer the same, the Oath required to be taken and subscribed by the aforesaid Act of Parliament passed in the fourteenth year of Our Reign, intituled, "An Act for making more effectual Provision for the Government of the Province of Quebec in North America."

Seventhly, That all Incumbents of Parishes shall hold their respective Benefices during good behaviour, subject however, in cases of any Conviction for criminal Offences, or upon due proof of seditious Attempts to disturb the Peace and Tranquillity of Our Government, to be deprived, or suspended by you with the Advice and Consent of a Majority of Our said Council.

Eighthly, That such Ecclesiasticks, as may think fit to enter into the holy state of Matrimony, shall be released from all Penalties, to which they may have been subjected in such Cases by any Authority of the See of Rome.

Ninthly, That freedom of Burial of the Dead in Churches and Church yards be allowed indiscriminately to every Christian Persuasion.

Tenthly, That the Royal Family be prayed for in all Churches and Places of Holy Worship, in such manner and form, as are used in this Kingdom; and that Our Arms and Insignia be put up not only in all such Churches and Places of holy Worship, but also in all Courts of Justice; and that the Arms of France be taken down in every such Church or Court, where they may at present remain.

Eleventhly, That the Society of Romish Priests, called the Seminaries of Quebec and Montreal, shall continue to possess and occupy their Houses of Residence, and all other Houses and Lands, to which they were lawfully intitled on the 13th of September 1759; and it shall be lawful for those Societies to fill up Vacancies, and admit new Members according to the Rules of their Foundations, and to educate Youth, in order to qualify them for the Service of Parochial Cures; as they shall become vacant. It is nevertheless Our Will and Pleasure, that not only these Seminaries, but all other Religious Communities, so long as the same shall continue, be subject to visitation by You Our Governor, or such other Person or Persons, as you shall appoint for that purpose, and also subject to such Rules and Regulations, as you shall, with the Advice and Consent of Our Council, think fit to establish and appoint.

Twelfthly, It is also Our Will and Pleasure, that all other Religious Seminaries and Communities (that of the Jesuits only excepted) do for the present and until We can be more fully informed of the true State of them, and how far they are, or are not essential to the free exercise of the Religion of the Church of Rome, as allowed within Our said Province, remain upon their present Establishment; but you are not to allow the admission of any new Members into any of the said Societies or Communities, the Religious Communities of Women only excepted, without our express orders for that purpose. That the Society of Jesuits be suppressed and dissolved, and no longer continued, as a Body corporate and politic, and all their Rights, Possessions and Property shall be vested in Us for such purposes, as We may hereafter think fit to direct and appoint; but We think fit to declare Our Royal Intention to be, that the present Members of the said Society, as established at Quebec shall be allowed sufficient stipends and Provisions during their natural Lives; — That all Missionaries amongst the Indians, whether established under the Authority of, or appointed by the Jesuits, or by any other ecclesiastical Authority of the Romish Church, be withdrawn by degrees, and at such times and in such manner, as shall be satisfactory to the said Indians, and consistent with the Public Safety; and Protestant Missionaries appointed in their places; That all ecclesiastical Persons whatsoever, of the Church of Rome, be inhibited, upon Pain of Deprivation, from influencing any Person in the making a Will, from inveigling Protestants to become Papists, or from tampering with them in matter of Religion, and that the Romish Priests be forbid to inveigh in their Sermons against the Religion of the Church of England, or to marry, baptize, or visit the sick, or bury any of Our Protestant Subjects, if a Protestant Minister be upon the Spot.

22. You are at all times and upon all occasions to give every Countenance and Protection in your Power to such Protestant Ministers, and School Masters, as are already established within Our said Province, or may hereafter be sent thither, to take Care, that such Stipends and Allowances, as We may think fit to appoint for them, be duly paid; that the Churches already appropriated, or which may hereafter be appropriated to the use of Divine Worship according to the Rites of the Church of England, as by Law established, be well and orderly kept; and, as the Number of Protestants shall, by God's Blessing, increase, to lay out new Parishes in convenient Situations, and set apart and appropriate proper Districts of Land therein for the Scite of Churches, and Parsonage Houses, and for Glebes for the Ministers and Schoolmasters.

23. You are to take especial Care, that God Almighty be devoutly and duly served in all Protestant Churches and Chapels throughout Our said Province, in which Divine Service is performed according to the Rites of the Church of England; the Book of Common Prayer, as by Law established, be read each Sunday and Holiday; and the Blessed Sacrament duly administered.

24. 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.

25. You are to give orders forthwith, that every Protestant 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.

26. 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 Licenses for Marriages, 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.

27. And We do further direct, that no School-master, 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.

28. 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 public Worship according to the Rites of the Church of England.

29. 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, Prophaneness, 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 perswaded to embrace the Christian Religion,) You are not to admit any Persons to public Trusts and Employments in the Province under your Government, whose ill fame and conversation may occasion Scandal.

30. The Extension of the Limits of the Province of Quebec necessarily calls forth your Attention to a Variety of new Matter and new Objects of Consideration; The protection and control of the various Settlements of Canadian Subjects, and the regulation of the Peltry Trade in the upper or interior Country on the one hand, and the protection of the Fisheries in the Gulph of St Lawrence, and on the Labrador Coast on the other hand, point to Regulations, that require deliberation and despatch.

31. The institution of inferior Judicatures with limited Jurisdiction in Criminal and Civil Matters for the Illinois, Poste St Vincenne, the Detroit, Missilimakinac, and Gaspée has been already pointed out, and the Appointment of a Superintendent at each of these Posts is all, that is further necessary for their Civil concerns; But it will be highly proper, that the Limits of each of those Posts, and of every other in the interior Country should be fixed and ascertained; and that no Settlement be allowed beyond those Limits: seeing that such Settlements must have the consequence to disgust the Savages; to excite their Enmity; and at length totally to destroy the Peltry Trade, which ought to be cherished and encouraged by every means in your Power.

32. It is Our Royal Intention, that the Peltry Trade of the interior Country should be free and open to all Our Subjects, Inhabitants of any of Our Colonies, who shall, pursuant to what was directed by Our Royal Proclamation of 1763, obtain Licences from the Governors of any of Our said Colonies for that purpose, under penalties to observe such Regulations, as shall be made by Our Legislature of Quebec for that purpose; Those Regulations therefore, when established, must be made public throughout all Our American possessions, and they must have for their object the giving every possible facility to that Trade, which the nature of it will admit, and as may consist with fair and just dealing towards the Savages, with whom it is carried on. The fixing stated times and places for carrying on the Trade, and adjusting modes of settling Tariffs of the prices of Goods and Furs, and above all the restraining the Sale of Spirituous Liquors to the Indians will be the most probable and effectual means of answering the ends proposed. These and a variety of other regulations, incident to the nature and purpose of the Peltry Trade in the interior Country, are fully stated in a Plan proposed by Our Commissioners for Trade and Plantations in 1764, a copy of which is hereunto annexed,[24] and which will serve as a Guide in a variety of cases, in which it may be necessary to make provision by Law for that important Branch of the American Commerce.

33. The Fisheries on the Coast of Labrador, and the Islands adjacent thereto are objects of the greatest Importance, not only on account of the Commodities they produce, but also as Nurseries of Seamen, upon whom the Strength and Security of Our Kingdom depend.

34. Justice and Equity demand, that the real and actual property and possession of the Canadian Subjects on that Coast should be preserved intirely; and that they should not be molested or hindered in the exercise of any Sedentary Fisheries they may have established there.

35. Their Claims however extend to but a small District of the Coast, on the greatest part of which District a Cod Fishery is stated to be impracticable.

36. On all such parts of the Coast, where there are no Canadian Possessions, and more especially where a valuable Cod Fishery may be carried on, it will be your Duty to make the Interests of Our British Subjects going out to fish there in Ships fitted out from Great Britain the first object of your care, and, as far as circumstances will admit, to establish on that Coast the Regulations in favour of British fishing Ships, which have been so wisely adopted by the Act of Parliament passed in the Reign of King William the Third "for the encouragement of the Newfoundland Fishery;" and you are on no account to allow any possession to be taken, or sedentary Fisheries to be established upon any parts of the Coast, that are not already private Property, by any persons whatever, except only such as shall produce annually a Certificate of their having fitted out from some Port in Great Britain.

37. We have mentioned to you the Fisheries upon the Coast of Labrador, as the main object of your attention; but the Commerce carried on with Savages of that Coast, and the state and condition of those Savages deserve some regard; The Society of Unitas Fratrum, urged by a laudable Zeal for promoting Christianity, has already, under Our Protection, and with Our Permission, formed Establishments in the Northern parts of that Coast for the purposes of civilizing the Natives, and converting them to the Christian Religion. Their success has been answerable to their Zeal; and it is Our express Will and Pleasure, that you do give them every countenance and Encouragement in your power, and that you do not allow any Establishment to be made, but with their consent, within the limits of their possessions.

38. By Our Commission to you under Our Great Seal of Great Britain you are authorised and impowered, with the advice and consent of Our Council, to settle and agree with the Inhabitants of Our said Province of Quebec for such Lands, Tenements, and Hereditaments, as now are, or shall hereafter be in Our Power to dispose of. It is therefore Our Will and Pleasure, that all Lands, which now are, or hereafter may be subject to Our Disposal, be granted in Fief or Seigneurie, in like manner as was practiced antecedent to the Conquest of the said Province; omitting however in any Grant, that shall be passed of such Lands, the Reservation of any Judicial powers, or privileges whatever. And it is Our further Will and Pleasure, that all Grants in Fief or Seigneurie, so to be passed by you, as aforesaid, be made subject to Our Royal Ratification, or Disallowance, and to a due Registry thereof within a limited time, in like manner as was practised in regard to Grants and Concessions held in Fief and Seigneurie under the French Government.

39. It is Our Will and Pleasure however, that no Grants be made of any Lands, on which there is any considerable growth of white Pines fit for Masting Our Royal Navy, and which lie convenient for water carriage; But that you do cause all such Lands to be set apart for Our Use, and proper regulations made, and penalties inflicted, to prevent trespasses on such Tracts, and the cutting down, or destroying the Trees growing thereon.

40. And whereas it appears from the Representation of Our late Govenor of the District of Trois Rivières that the Iron Works at Saint Maurice in that District are of great consequence to Our Service. It is therefore Our 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 Saint 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.

41. 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, Concealments, Irregularity, or neglect therein may be prevented, and whereby the receipt 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 Us by one of Our principal Secretaries of State for Our further Directions therein. And you are also to transmit a Duplicate thereof to Our Commissioners for Trade and Plantations for their information.

42. You are to use your best endeavours in improving the Trade of the Province under your Government 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.

43. 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 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, with the names of the persons, to whom disposed.

44. 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 at 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 tryed and punished under the authority of the Commission established for those parts.

45. 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 in execution the several powers thereby granted you.

46. Whereas great Inconveniences have happened heretofore by Merchant Ships and other essels 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 among Our own Subjects, but also those of other Princes and States, and committing divers Irregularities, they may very much dishonour 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 7th of January 1730, in relation to Colours to be worn by all Ships and Vessels, except Our Ships of War.

47. And whereas there have been great Irregularities 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 Reprisal against any Prince or State, or their Subjects in amity with Us to any person whatsoever without Our special Command.

48. 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 hath 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 Conditions 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.

49. And whereas the Merchants and Planters in Our Plantations in America, have in time of War, corresponded and traded with Our Enemies, and carried Intelligence to them, to the great prejudice and hazard of Our said Plantations; you are therefore by all possible methods to endeavor to hinder such Trade and Correspondence in time of War.

50. 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 Us by one of Our principal Secretaries of State, and also Duplicates thereof to Our Commissioners for Trade and Plantations, for their information, and also a Duplicate thereof to Our Master General, or principal Officers of Our Ordinance, which accounts are to express the particulars of Ordinance, 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 to 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 specified in the manner above mentioned.

51. 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.

52. If any thing 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 Us, by one of Our principal Secretaries of State, speedy notice thereof, 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; and you are also to transmit a Duplicate of such notice, as aforesaid, to Our Commissioners for Trade and Plantations for their information.

53. And whereas We have by the first 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.

54. 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 such a space of time, as the recovery of your Health may absolutely require.

55. And whereas We have thought fit by Our Commission to direct, that, in case of your death, or absence from Our said Province, and in case there be at that time no person within Our said Province commissionated or appointed by Us to be Our Lieutenant Governor, or Commander in Chief, that the eldest Councillor, being a natural born Subject of Great Britain, Ireland, or the Plantations, and professing the Protestant Religion, who shall be at the time of your death or absence 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.

56. And whereas We are desirous, that a proper provision should be made for the support of Our Government within Our said Province of Quebec, We do therefore hereby declare it to be Our Royal Intention, that the following annual Salaries and Allowances be discharged and paid out of any Revenues arising to Us within the same, or out of such other Monies, as shall be granted or appropriated to the Uses and Services of Our said Province of Quebec, that is to say,

£.s.d.
To the Governor p Annum 2,00000
To the Lieutenant Governor 60000
To the Chief Justice 1,20000
To six Judges of Common Pleas, £500 each 3,00000
To the Attorney General 30000
To the Clerk of the Crown and Pleas 10000
To two Sheriffs at £100 each 20000
To the Secretary and Register 40000
To the Clerk of the Council 10000
To the Surveyor of Lands 30000
To the Surveyor of Woods 20000
To the Commissary for Indians 30000
To the Captain of the Port 10000
To the Naval Officer 10000
To the Receiver General of the Revenues 40000
To twenty-three Councillors at £100 each 2,30000
To the Lieutenant Governors or Superintendants    
   At the Illinois   
   Poste Saint Vincenne   
   Detroit⎬ at £200 each1,00000
   Missilimakinac   
   Gaspée   
To one Judge of the inferior Courts of King's Bench and Common Pleas at each of the above five Posts at £100 each Judge 50000
To an Assistant or Assessor at each Post at £50 p Annum 25000
To a Sheriff at each District at £20 p Annum each 10000
To a Grand Voyer 20000
To a French Secretary 20000
To four Ministers of the Protestant Church at £200 p. Ann. each 80000
To two Schoolmasters at £100 p. Annum each 20000
To an Allowance to the Person licenced to superintend the Romish Church 20000
To Pensions to the Officers of a Corps of Canadians employed in the last War, and discharged without any Allowance, as follows, Vizt    
   To Monsr Rigauville, the Commandant of said Corps 20000
   To five Captains £100 each 50000
   To ten Lieutenants £50 each 50000
   To the Commandant of the Savages 10000
To Annual contingent Expenses 1,00000
 £17,35000

All which Salaries and Allowances are to commence on, and be payable from, and after the first day of May next ensuing.[25]

57. And whereas We are further willing in the best manner to provide for the support of the Government of Our said Province, by setting apart a sufficient Allowance to such, as shall be Our Lieutenant Governor, Commander in Chief, or President of Our Council for the time being within the same; Our Will and Pleasure therefore is, that, when it shall happen, that you shall be absent from Our said Province, one full Moiety of the Salary, and of all Perquisites and Emoluments whatsoever, which would otherwise become due unto you, shall, during the time of your absence from Our said Province, be paid and satisfied unto such Lieutenant Governor, Commander in Chief, or President of Our Council, who shall be, resident upon the place for the time being, which We do hereby order and allot unto him towards his Maintenance, and for the better Support of the Dignity of that Our Government.

G.R.


Canadian Archives, M 230, p. 116. There are several memoranda among the Dartmouth Papers, giving suggestions or draughts of various parts of the new Instructions for the Governor of Quebec. Most of these are without name or date. Some of them are referred to in connection with the articles of the instructions to which they relate. Among them is one endorsed, "Minutes of Quebec Instructions," which indicates some of the chief points to be considered in framing the Instructions. It is as follows: — (the numbers of the articles in the Instructions which embody the features indicated are given within brackets after each head):

"Quebec — Habeas Corpus writ (13).

"Supreme Court of criminal Jurisdiction called Ks Bench. 2 Districts, Quebec & Montreal C. of Com. Pleas in each for civil suits 3 Judges in each. 2 Nat. Born & 1 Canadian. 1 C. of K's B. in each of the 5 out Posts. 1 Judge, & 1 Canad. Assessor in Treason murder or Cap. Felony only to have power to commit Council to be Court of appeal where above £10 final to £500, above appeal to K. in Council, all Commissions, during pleasure. (15).

"Govr not to displace officers without representation. (17).

"No ecclesiast. Jurisd. to be exercised without Licence. No person to be ordained without Licence. (21, sec. 2).

"Prot. Tythes to be paid to Recr Genl for support of Protestant Clergy. (21. sec. 5).

"Seminaries of Qu. & Montr. to remain. — (21, sec. 11).

"All other Communities (except Jesuits) to remain as at present — not to fill up except Nuns." (21, sec. 12). M. 385. p. 372.

On Dec. 5, 1774, the Board of Trade submitted to the King the draught of a new Commission for Governor Carleton with such formal changes only, as compared with the last, as were required by the terms of the Quebec Act. On Dec. 22nd the Board of Trade laid before the King the draught of the General Instructions for Governor Carleton. "This draught," they say, "contains not only such Instructions as are usually given to other governors, so far as the same are applicable to this Province under its New Constitution of Government; but also such other directions for the establishment of Judicature; the reform and regulation of Ecclesiastical matters; and the arrangements proper to be made in respect to the Coast of Labrador, and the interior Country, as appear to us to be necessary in consequence of the Act passed in the last Session of the late Parliament; it also contains an appointment of the Council conformable to that Act, and directs the provisions to be made for the support of the Civil Establishment of Government.

"We also humbly beg leave to lay before your Majesty a draught of such Instructions to your Majesty's Governor of Quebec as are usually given to the governors of your Majesty's other Colonies respecting the observance and the execution of the Laws for regulating the Plantation Trade.

"All which is most humbly submitted, Whitshed Keene, C. F. Greville, Soame Jenyns, W. Joliffe." Q 18 B., p. 108.

On Jan. 7th, 1775, Dartmouth sent a despatch to Carleton enclosing his Commission and Instructions. After repeating the statements of the Board of Trade, given above, he adds, "These documents contain such arrangements, in consequence of the Act of the 14th of his present Majesty, for providing for the more effectual Government of the Province of Quebec, as were necessary to accompany the new Commission, & also the outlines of that System of Judicature, & general Regulation of Ecclesiastical Affairs, which the King thinks fit should be provided for by Ordinances of the Legislative Council. Q 11, p. 59.

The latter part of this section (in bracket) omitted in the instruction to Haldimand.

The first session of the Legislative Council was convened 17 August, 1775. Two other brief meetings were held Sept. 2nd and 5th but no legislative results were accomplished before Jan., 1777, when the Council resumed its sessions.

This and the following article with reference to the writ of Habeas Corpus, form the first step in that piecemeal process of impairing the complete restoration of the French Canadian civil law granted by the Quebec Act, particularly the 8th clause of it. As may be seen from several subsequent documents, this was the basis of continued conflict in the Council and in the Courts until 1791, when the controversy took another turn. In a document in the Dartmouth Papers, endorsed "Extract from the Instructions to the Governor of Quebec, so far as relates to the Establishment of Courts of Law," this clause appears in the following form: — "The Legislative Council are to frame the Ordinances for the Establishment of Courts of Justice, and for the administration of Justice, so as that the Laws of England, if not altogether, may be as nearly as possible the Rule of Decision in all personal Actions, grounded upon Debts, Contracts, &c., and especially where the natural-born subjects are concerned." M 385, p. 485.

Yet when this was most vigorously contended for at the passing of the Quebec Act it was absolutely denied by the Government. In the document referred to in the previous note, this article reads as follows, — "Security to personal Liberty to be provided for: And the Writ of Habeas Corpus, as a part of the criminal Law, to be adopted in its full Extent." M 385, p. 485.

An additional article inserted in Haldimand's instructions. See page 697.

The greater part of this article of the Instructions is based upon the "Epitome of the proposed Ordinance for establishing Courts of Justice in the Province of Quebec," referred to in note 2, p. 584, and given in full below at p. 637. The paper endorsed "Extract from the Instructions" &c., M 385, p. 485, covers this field also, but its lines are not followed. However, the last few clauses in it are again taken up in the succeeding four articles, Nos. 16-19.

The plan is given below, following these Instructions; see p. 614.

Among the Dartmouth Papers is an "Estimate of the Expence of the Civil Establishment of the Province of Quebec, and Its Dependencies." M 385, p. 494. In this a number of the salaries are rated at different amounts from those here given. Among the variations are the following — Lt. Governor, £800, Chief Justice, £1,000; the six Judges, £300 each, Commissary for Indians, £200. There are two additional offices, Judge of the Admiralty, £200, Register of the Court of Admiralty, £100. There was no provision for Schoolmasters, or for Contingent Expenses. From another document we find that the appointments to these positions were divided between Lord Dartmouth, the Treasury Board, and the Governor, as follows, — 

"Lord Dartmouth — Lt. Governor, Chief Justice, Secry & Register, 3 Judges, Attorney Genl, Clerk of Crown, Commissary for Indian Affairs, Naval Officers, 5 Superintendts, 4 Ministers, 2 Schoolmasters.

Treasury — Surveyor of Lands, Do of Woods, Receivr Genl.

Governor — Clerk of Council, Captain of ye Port, 2 Sheriffs, 5 Judges, 5 Assessors, 5 Sheriffs, Grand Voyer, French Secretary." M 385, p. 492.

PLAN FOR THE FUTURE MANAGEMENT OF INDIAN AFFAIRS, REFERRED TO IN THE THIRTY-SECOND ARTICLE OF THE FOREGOING INSTRUCTIONS.

1. That the Trade and Commerce with the several Tribes of Indians in North America under the protection of His Majesty shall be free and open to all His Majesty's subjects, under the several Regulations and Restrictions hereafter mentioned, so as not to interfere with the Charter to the Hudson's Bay Company.

2. That for the better Regulation of this Trade, and the Management of Indian Affairs in general, the British Dominions in North America be divided into two Districts, to comprehend and include the several Tribes of Indians mentioned in the annexed Lists A. and B.

3. That no Trade be allowed with the Indians in the southern District, but within the Towns belonging to the several Tribes included in such District; and that in the Northern District the Trade be fixed at so Many Posts, and in such Situations, as shall be thought necessary.

4. That all Laws, now in Force in the several Colonies for regulating Indian Affairs, or Commerce, be repealed.

5. That there be one general Agent or Superintendant appointed by His Majesty for each District.

6. That the Agent or Superintendant for the Northern District shall be allowed three Deputies to assist him in the Administration of Affairs within his District; and that the Agent or Superintendant for the Southern District shall be allowed two Deputies.

7. That there shall be a Commissary, Interpreter, and Smith, appointed by His Majesty to reside in the Country of each Tribe in the Southern District, and at each Post in the Northern District.

8. That it be recommended to the Society for the propagation of the Gospel in foreign parts to appoint four Missionaries in each District, to reside at such places, as the Agent or Superintendant for each District shall recommend.

9. That the Commissaries, Interpreters, and Smiths in each District do Act under the immediate Direction and Orders of the Agent or Superintendant, who shall have a power of Suspending them in Case of Misbehaviour, and, in Case of Suspension of a Commissary, or of a Vacancy by Death, or Resignation, the Office shall be executed, until the King's pleasure is known, by one of the Deputies to the Agent or Superintendant.

10. That the said Agent or Superintendant shall have the Conduct of all public Affairs relative to the Indians; and that neither the Commander in Chief of His Majesty's Forces in America, nor any of the Governors and Commanders in Chief of any of the Colonies, or persons having military Commands in any of the Forts within each of the said Districts, do hold any General Meetings with the Indians, or send any public Talks to them without the Concurrence of the Agent or Superintendant, unless in cases of great Exigency, or when the said Agent or Superintendant may be in some remote part of his District.

11. That the said Agents or Superintendants do in all Affairs of political consideration, respecting peace and war with the Indians, purchases of Lands, or other Matters, on which it may be necessary to hold any general Meetings with the Indians, advise and act in concert with the Governors, (or the Governors and Councils, as the Occasion may require), of the several Colonies within their respective Districts; And that the said Agents or Superintendants shall be Councillors extraordinary within each Colony in their respective Districts, in like manner as the Surveyors General of the Customs for the Northern and Southern Districts of America.

12. That the Governor or Commander in Chief of every Colony be directed to communicate to the Agent or Superintendant of that District, within which his Government lyes, all such Information and Intelligence, as he may receive respecting Indian Affairs; And that the Agents or Superintendants shall in like manner communicate to the Governors all Intelligence and Information, respecting the State of Indian Affairs, which may in any wise regard the Security and Interest of the said Colonies.

13. That no Order shall be issued by the Governor or Commander in Chief of any of His Majesty's Colonies, or by any Officer having Military Command in any Forts within the Indian Country, for stopping the Trade with any Tribe of Indians in either of the said Districts, without the Concurrence and Consent of the Agent or Superintendant for Indian Affairs.

14. That the said Agents or Superintendants shall by themselves, or sufficient Deputies visit the several Posts or Tribes of Indians within their respective Districts once in every year, or oftener, as Occasion shall require, to enquire into, and take an Account of the Conduct and Behaviour of the subordinate Officers at the said Posts, and in the Country belonging to the said Tribes; to hear Appeals; and redress all Complaints of the Indians; make the proper Presents; and transact all Affairs relative to the said Indians.

15. That for the maintaining peace and good Order in the Indian Country, and bringing Offenders in criminal Cases to due Punishment, the said Agents or Superintendants, as also the Commissaries at each Post, and in the Country belonging to each Tribe, be empowered to Act as Justices of the Peace in their respective Districts and Departments, with all powers and priviledges vested in such Officers in any of the Colonies; and also full power of Committing Offenders in Capital Cases, in order that such Offenders may be prosecuted for the same; And that, for deciding all civil actions, the Commissaries be empowered to try and determine in a Summary way all such Actions, as well between the Indians and Traders, as between one Trade and another, to the Amount of Ten Pounds Sterling, with the Liberty of Appeal to the Chief Agent or Superintendant, or his Deputy, who shall be empowered upon such appeal to give Judgement thereon; which Judgement shall be final, and process issue upon it, in like manner as on the Judgement of any Court of Common Pleas established in any of the Colonies.

16. That for the easy attainment of Justice, the evidence of Indians, under proper Regulations and Restrictions, be admitted in all Criminal as well as civil causes, that shall be tried and adjudged by the said Agents or Superintendants, or by the said Commissaries; and that their Evidence be likewise admitted by the Courts of Justice in any of His Majesty's Colonies or Plantations in Criminal cases, Subject to the same Pains and Penalties in Cases of false Evidence, as His Majesty's Subjects.

17. That the said Agents or Superintendants shall have power to Confer such Honors and Rewards on the Indians, as shall be necessary; and of granting Commissions to principal Indians in their respective Districts to be War Captains or Officers of other Military Distinctions.

18. That the Indians of each Town in every Tribe in the Southern District shall choose a beloved Man to be approved of by the Agent or Superintendant for such District, to take care of the Mutual Interests both of Indians and Traders in such Town; and that such beloved Men, so elected and approved in the several Towns, shall elect a Chief for the whole Tribe, who shall constantly reside with the Commissary in the Country of each Tribe, or occasionally Attend upon the said Agent or Superintendant, as Guardian for the Indians and Protector of their Rights, with Liberty to the said Chief to be present at all Meetings and upon all Hearings or Trials relative to the Indians before the Agent or Superintendant, or before the Commissaries; and to give his Opinion upon all Matters under Consideration at such Meetings or Hearings.

19. That the like Establishments be made for the Northern District, as far as the Nature of the Civil Constitution of the Indians in this District, and the Manner of Administering civil affairs will admit.

20. That no person having any Military Command in the Indian Country shall be capable of Acting as Commissary for the Affairs of the Indians; in either of the above mentioned Districts respectively; nor shall such person having military Command be allowed to carry on trade with the Indians, or to interpose his Authority in any thing, that regards the Trade with, or civil Concerns of the Indians; but to give the Commissary or other Civil Magistrate all Assistance in his power, whenever thereunto required.

21. That the said Commissaries shall keep exact and regular Accounts, by way of Journal, of all their Transactions and Proceedings, and of all Occurrences in their respective Departments, and shall by every opportunity communicate such Transactions and Occurrences to the Agent or Superintendant in their respective Districts; which Agent or Superintendant shall regularly by every Opportunity correspond with the Commissioners for Trade and Plantations.

22. That the Agent or Superintendant, to be appointed for each District, as also the Commissaries residing at the Posts, or in the Indian Country within each District, shall take an Oath before the Governor or Chief Judge of any of the Colonies within their respective Districts, for the due Execution of their respective Trusts; and they and all other subordinate Officers, employed in the Affairs of the Indians, shall be forbid, under proper Penalties, to carry on any Trade with them, either upon their own Account, or in Trust for others, or to make any Purchase of, or accept any Grants of Lands from the Indians.

23. That for the better regulation of the Trade with the said Indians, conformable to their own Requests, and to prevent those Frauds and Abuses, which have been so long and so loudly complained of in the manner of carrying on such Trade, all Trade with the Indians in each District be carried on under the Direction and Inspection of the Agents or Superintendants, and other subordinate Officers to be appointed for that purpose, as has been already mentioned.

24. That all Persons intending to trade with the Indians shall take out Licences for that purpose under the Hand and Seal of the Governor or Commander in Chief of the Colony, from which they intend to carry on such Trade, for every of which Licences no more shall be demanded or taken than two Shillings.

25. That all persons taking out Licences shall enter into Bond to His Majesty, His Heirs, and Successors in the Sum of      with one Surety in the Sum of      for the due observance of the Regulations prescribed for the Indian Trade.

26. That every Person willing to give Security, and finding a Security willing, if required, to take an Oath, that he is possessed of property to double the value of the Sum he stands security for, shall be intitled to a Licence.

27. That every such Licenced Trader shall at the time of taking out the Licence, declare the Post or Truck house, at which or the Tribe of Indians with which he intends to trade, which shall be specified in the Licence itself.

28. That no Licence be granted to continue longer than for one Year.

29. That no Person trade under such Licence, but the person named in it, his Servants, or Agents, whose Names are to be inserted in the Margents; and in Case any of the Servants or Agents named in such Licence shall die, or be discharged, the same shall be notified to the Governor, by whom the Licence was granted, or to the Commissary of the Post, or in the Tribe, where such Trader carries on Trade, to the end that the Name or Names of any other Servants or Agents, employed by the said Trader in the place of those dead or discharged, may in like manner be inserted in the Margent of the Licence.

30. That all Licences be entered in the Secretary's Office, or other proper Office of Record in each Colony, where they are taken out; for which Entry no more shall be demanded or taken than Six pence for each Licence; and all persons to have free Liberty to inspect such Entry, paying a Fee of Six pence for the same.

31. That Persons trading with the Indians without a Licence, and without giving the Security above required, or trading at any other Posts or places, than those expressed in their Licences, do forfeit all the Goods they shall be found then trading with, and also pay a Fine of      to His Majesty, His Heirs, and Successors, and suffer      Months Imprisonment.

32. That all Traders immediately upon Arrival at the posts or Truck houses in the Northern district, or in the Tribes in the Southern district, for which Licences have been taken out, and before any Goods are sold to, or bartered with the Indians, do produce such Licences to the Commissaries appointed for the Direction and Inspection of the Trade at such posts, or Truck houses, or in such Tribes.

33. That all Trade with the Indians shall be carried on by Tariffs, to be settled and Established from time to time by the Commissaries at the several Posts, or Truck houses, or in the Countries belonging to the several Tribes in Concert with the Traders and Indians.

34. That the Commissaries appointed to direct and inspect the Trade at each Truck house in the Northern District, shall be empowered to fix and prescribe Limits round each Post or Truck house, within which Limits all Trade with the Indians may be commodiously carried on in the most public Manner.

35. That all Traders have free Liberty to erect Hutts and Warehouses within such Limits, in such Order and Manner as the Commissary shall, with the concurrence of the Officer Commanding at such Post, Direct and appoint.

36. That no Trader shall Traffic, or have any Dealings with the Indians without the Limits prescribed by the Commissary or other Chief Officer appointed for the Inspection and Direction of the Trade.

37. That each Truck house or post of Trade in the Northern District be fortified and garrisoned; and that all Traders have free Liberty to retire into such Garrison with their Effects, when ever any Disturbance shall Arise, or the Commissary at such post shall represent it to be necessary.

38. That no Trader shall sell or otherwise supply the Indians with Rum, or other spirituous Liquors, Swan Shot, or rifled Barrelled Guns.

39. That in Trade with the Indians no Credit shall be given them for Goods in Value beyond the Sum of fifty Shillings; and no Debt beyond that Sum shall be recoverable by Law or Equity.

40. That all Disputes concerning Weights or Measures in the buying or selling Goods shall be decided by Standard Weights and Measures, to be kept in each Post or Truck-house in the Northern District, and in each Tribe in the Southern District.

41. That no private person, Society, Corporation, or Colony be capable of acquiring any Property in Lands belonging to the Indians, either by purchase of, or Grant, or Conveyance from the said Indians, excepting only where the Lands lye within the Limits of any Colony, the soil of which has been vested in proprietors, or Corporations by Grants from the Crown; in which Cases such Proprietaries or Corporations only shall be capable of acquiring such property by purchase or Grant from the Indians.

42. That proper Measures be taken, with the Consent and Concurrence of the Indians, to ascertain and define the precise and exact Boundary and Limits of the Lands, which it may be proper to reserve to them, and where no Settlement whatever shall be allowed.

43. That no purchases of Lands belonging to the Indians, whether in the Name and for the Use of the Crown, or in the Name and for the Use of proprietaries of Colonies be made but at some general Meeting, at which the principal Chiefs of each Tribe, claiming a property in such Lands, are present; and all Tracts, so purchased, shall be regularly surveyed by a Sworn Surveyor in the presence and with the Assistance of a person deputed by the Indians to attend such Survey; and the said Surveyor shall make an accurate Map of such Tract, describing the Limits, which Map shall be entered upon Record, with the Deed of Conveyance from the Indians.

It is estimated, that the annual Expence of supporting the Establishments, proposed in the foregoing plan, providing presents for the Indians, and other contingent Expences, may amount to about twenty thousand pounds; and it is proposed to defray this Expence by a Duty upon the Indian Trade, either collected upon the Exportation of Skins and Furs, (Beaver excepted,) from the Colonies, or payable by the Traders at the posts and places of Trade, as shall, upon further Examination and the fullest Information, be found most practicable, and least burthensome to the Trade.

A.

List of Indian Tribes in the northern District of North America.

Mohocks.Powtewatamis.
Oneidas.Ottawas.
Tuscaroras.Chipeweighs, or Missisagis.
Onondagas.Meynomenys.
Cayugas.Folsavoins.
Senecas.Puans.
Oswegachys.Sakis.
Nanticokes.Foxes.
Conoys.Twightwees.
Tuteeves.Kickapous.
Saponeys.Mascoutens.
Caghnawagas.Piankashaws.
Canassadagas.Wawiaghtonos.
Arundacks.Keskeskias.
Algonkins.Illinois.
Abenaquis.Sioux.
Skaghquanoghrōnos.Micmacs.
Hurons.Norwidgewalks.
Shawanese.Arseguntecokes.
Delawares.Penobscots.
Wiandots.St John's.

B.

List of Indian Tribes in the southern District of North America.

Cherokees.Attucapas.
Creeks.Bayugtas.
Chickasaws.Tunicas.
ChactawsPeluches
Catawbas,Ofugulas.
Beluxis.Querphas.

Endorsed: Drt

Instructions for Guy Carleton Esqr Govr of Quebec, Dated 3d Jany 1775.

In Order of Council of 28th Decemr 1774.

George R

C.O.

INSTRUCTIONS RELATING TO TRADE AND NAVIGATION[26]

(Instructions 1774-1778.)

4

[L.S.] Orders and Instructions to Our Trusty and Well beloved Guy Carleton Esquire Our Captain General and Governor in Chief in and over Our Province of Quebec in America, In pursuance of several Laws relating to the Trade and Navigation of this Kingdom of Great Britain and our Colonies and Plantations in America, Given at Our Court at St James's the Third Day of January 1775. In the Fifteenth year of Our Reign. — 

First You shall inform yourself of the principal Laws relating to the Plantation Trade, and shall take a solemn Oath to do your utmost that all the Clauses, Matters, and Things contained in all Acts of Parliament now in force, or that hereafter shall be made relating to Our Colonies or Plantations be punctually and bonâ fide observed according to the true intent and meaning thereof.

2d And whereas, by an Act made in the Seventh and Eighth Years of the Reign of King William the Third, intituled "An Act for preventing Frauds, and regulating abuses in the Plantation Trade" the Officers appointed for the performance of certain things mentioned in an Act passed in the fifteenth year of the Reign of King Charles the Second, intituled "An Act for the encouragement of Trade" commonly known by the Name of the Naval Officers, are to give security to the Commissioners of our Customs in Great Britain for the Time being, or such as shall be appointed by them, for Our use, for the true and faithful performance of their duty, you, shall take care, that the said Naval Officers do give Security to the said Commissioners of Our Customs or the Persons appointed by them, who are impowered to take the same in the manner thereby enjoined, and that he or they produce to you a certificate from them, of his, or their having given Security pursuant to a Clause in the said Act, and you are not to admit any Person to act, as Naval Officer who does not within two Months, or as soon as conveniently may be, after he has enter'd upon the execution of his Office, produce a Certificate of his having given such Security as aforesaid.

3d And whereas it is necessary for the more effectual dispatch of Merchants and others, that the Naval Officers and the Collectors of the Customs should reside at the same Ports or Towns, you are therefore to take care, that this regulation be observed,[c] and to consult with the Surveyor General of Our Customs, in what place it may be most convenient to have the Custom-House fixed in part of his District; and to take Care, that the Collector and Naval Officer reside within a convenient Distance of the Custom-House for the Dispatch of Business.

4. Whereas by the Act for the encouraging and increasing of Shipping and Navigation passed in the twelfth year of the reign of King Charles the Second, no Goods or Commodities whatsoever are to be imported into, or exported out of any of Our Colonies or Plantations in any other ships or Vessels whatsoever, but in such as do truly and without Fraud belong only to Our People of Great Britain, or Ireland, or are of the Built of, and belonging to any of Our Lands, Islands, or Territories, as the Proprietors and right Owners thereof, and whereof the Master and three fourths of the Mariners at least are British under the Penalty of the forfeiture and loss of all the Goods and Commodities, which shall be imported into, or exported out of any of the said Places in any other Ship or Vessel, as also of the Ship or Vessel with her Guns, Furniture &c: And whereas by a Clause in the Act for preventing Frauds, and regulating Abuses in the Customs passed in the thirteenth and fourteenth years of the reign of King Charles the Second, no foreign built Ship, that is to say, not built in any of Our Dominions of Asia, Africa, and America shall enjoy the Privilege of a Ship belonging to Great Britain or Ireland, although owned and manned by British Subjects, (excepting such Ships only as shall be taken at Sea by Letters of Mart, or Reprizal, and Condemnation thereof made in Our Court of Admiralty as lawful Prize,) but all such Ships shall be deemed as Aliens Ships, and be liable to all duties that Aliens Ships are liable to by Virtue of the aforesaid Act, for the encouraging and increasing of Shipping and Navigation: And whereas by a Clause in the Act for preventing Frauds and regulating Abuses in the Plantation Trade, it is enacted that no Goods or Merchandizes whatsoever shall be imported into or exported out of any of Our Colonies or Plantations in Asia, Africa, or America, or shall be laden in, or carried from any one Port or place in the said Colonies or Plantations to any other Port or Place in the same, or to Our Kingdom of Great Britain in any Ship or Bottom but what is or shall be of the Built of Great Britain, or Ireland, or of the said Colonies or Plantations, and wholly owned by the People thereof, or any of them, and navigated with the Master and three fourths of the Mariners of the said Places only, except such Ships only, as shall be taken as Prize, and Condemnation thereof made in One of the Courts of Admiralty in Great Britain; Ireland, or the said Plantations to be navigated by the Master and three fourths of the Mariners British, or of the said Plantations as aforesaid, and whereof the Property does belong to British Subjects, on pain of forfeiture of Ship and Goods; And whereas by another Clause in the said Act for the more effectual prevention of Frauds, which may be used by colouring foreign Ships under British Names: It is further enacted, that no Ship or Vessel whatsoever shall be deemed or pass as a Ship of the Built of Great Britain, Ireland, Guernsey, Jersey, or any of Our Plantations in America, so as to be qualified to trade to, from, or in any of the said Plantations, until the Person or Persons claiming property in such Ship or Vessel shall register the same in manner thereby appointed: You shall take care and give in charge that these Matters and things be duely observed within Our said Province under your Government according to the true intent and meaning of the said Acts & the Offences & Offenders prosecuted according to the directions thereof, and where it is required, that the Master and three fourths of the Mariners be British; You are to understand, that the true intent and meaning thereof is, that they shall be such during the whole Voyage unless in case of Sickness, Death, or being taken Prisoners in the Voyage to be proved by the Oath of the Master or other Chief Officer of the Ship, and none but Our Subjects of Great Britain, Ireland, or the Plantations are to be accounted British.

5. Whereas, by the said Act of Navigation, as the same stands amended and altered by the aforesaid Act for regulation of the Plantation Trade, it is enacted that for every Ship or Vessel, which shall set Sail out of, or from Great Britain for any British Plantation in America, Asia, or Africa, sufficient Bond shall be given with one Surety to the chief Officer of the Customs of such Port or Place, from whence the said Ship shall set sail, to the value of One thousand Pounds if the Ship be of less burthen, than one hundred Tons, and of the Sum of two thousand Pounds, if the Ship shall be of greater Burthen: That in case the said Ship or Vessel shall load any of the Commodities therein enumerated, Vizt Sugar, Tobacco, Cotton Wool, Indigo, Ginger, Fustick or other dying Wood, of the growth, production, or Manufacture of any British Plantation in America, Asia, or Africa, at any of the said British Plantations, the said Commodities shall by the said Ship be brought to some Port of Great Britain, and be there unladen and put on Shore, the danger of the Seas only excepted; and for all Ships coming from any Port or Place to any of the aforesaid Plantations which by this Act are permitted to trade there, that the Governors of such British Plantations shall before the said Ship or Vessel be permitted to load on board any of the said Commodities, take Bond in manner and to the value aforesaid for each respective Ship or Vessel, that such Ship or Vessel shall carry all the aforesaid Goods, that shall be laden on board the said Ship or Vessel, to some other of the said British Plantations, or to Great Britain; and that every Ship or Vessel which shall load or take on board any of the aforesaid Goods, until such Bond be given to the said Governor, or Certificate produced from the Officers of any Custom House of Great Britain, that such Bond hath there been duly given, shall be forfeited with her Guns, Tackle, Apparel, and Furniture, to be employed and recovered, as therein is directed: And whereas by two Acts passed in the Third & Fourth years of the Reign of Queen Anne, the one intituled, "An Act for the encouraging the importation of Naval Stores from Her Majesty's Plantations in America," and the other for granting to Her Majesty "a further Subsidy on Wines and Merchandizes imported;" And by two other Acts passed in the Eighth year of the reign of King George the first, the one intituled "an Act for the encouragement of the Silk Manufactures of this Kingdom, and for taking off several duties on Merchandizes exported, and for reducing the Duties upon Beaver Skins, Pepper, Mace, Cloves, and Nutmegs imported, and for importation of all Furs of the product of the British Plantations into this Kingdom only" the other intituled "An Act to prevent the clandestine running of Goods &c and to subject Copper Ore of the production of the British Plantations to such Regulations as other enumerated Commodities of the like production are subject continued by An Act passed in the Eighth year of His said late Majesty's Reign; and still in force, all Rice (except under the Regulations prescribed in the Acts of the third year of His late Majesty's Reign, and the fourth and fifth years of our Reign, Molasses, Furs, Hemp, Pitch, Tar, Turpentine, Masts, Yards, Bowsprits, and Copper Ore, and by An Act passed, in the fourth year of Our Reign, all Coffee, Pimento, Cocoa Nuts, Whale Fins, Raw Silk, Hides, and Skins, Pot, and Pearl Ashes of the growth, production, or Manufacture of any British Colony or Plantation in America, under the like Securities and Penalties restrained to be imported into this Kingdom as the other above mentioned enumerated Commodities, And whereas by an Act passed in the fifth year of Our Reign, intituled "An Act for more effectually preventing the Mischiefs arising to the Revenue and Commerce of Great Britain and Ireland from the illicit and clandestine Trade to, and from the Isle of Man" no Rum or other Spirits shall be shipped or laden in any British Colony or Plantation in America, but on condition that the same shall not be carried to, or landed in the Isle of Man, under the like Securities, Penalties, and Forfeitures; And whereas by another Act made in the Sixth year of Our Reign, intituled "An Act for opening and establishing certain Ports in the Islands of Jamaica, and Dominica, for the more free importation and exportation of certain Goods and Merchandizes, for granting certain Duties to defray the expences of opening, maintaining, securing, and improving such Ports, for ascertaining the duties to be paid upon importation of Goods from the said Island of Dominica into this Kingdom, and for securing the Duties upon Goods imported from the said Island into any other British Colony" all Wool, Cotton-Wool, Indigo, Cochineal, Fustick, and all manner of dying Drugs, or Woods, Drugs used in Medicine, Hairs, Furs, Hides and Skins, Pot and Pearl Ashes, Whalefins, and Raw Silk, of the growth and produce of any foreign Colony, or Plantation, shall upon the exportation thereof from either of the said Islands of Dominica or Jamaica, be imported from thence directly into Great Britain, under the like Securities, Penalties, and Forfeitures, and by the said Act of the sixth year of Our Reign, no Goods whatever shall, or may be exported from the said Island of Dominica, to any Port of Europe to the northward of Cape Finisterre, except to Great Britain, and such Goods shall be there landed under the same Securities, Regulations and restrictions and subject to the like Penalties and Forfeitures, you are therefore to take particular Care, and give the necessary directions that the true intent and meaning of all the said Acts be strictly and duly complied with.

6. You shall carefully examine all Certificates which shall be brought to you of Ships giving Security in this Kingdom to bring their Lading of Plantation Goods hither, as also Certificates of having discharged their Lading of Plantation Goods in this Kingdom, pursuant to their Securities; And whereas the better to prevent any of the aforesaid Certificates from being counterfeited, the Commissioners of Our Customs have thought fit to sign the same, It is therefore Our Will and Pleasure, that no such Certificates be allowed of, unless the same be under the hands and Seals of the Customer, Comptroller, and Collector of the Customs in some Port in this Kingdom or two of them, as also under the hands of four of the Commissioners of the Customs at London, or three of Our Commissioners of the Customs at Edinburgh, and where there shall be reasonable ground of Suspicion, that the Certificate of having given Security in this Kingdom is false and counterfeit, in such case, you or the Person or Persons appointed under you shall require and take sufficient Security for the discharge of the Plantation Lading in this Kingdom, and where there shall be cause to suspect that the Certificate of having discharged the Lading of Plantation Goods in this Kingdom is false and counterfeit, you shall not cancel or vacate the Security given in the Plantations, until you shall be informed from the Commissioners of Our Custom in Great Britain, that the Matter of the said Certificate is true; And if any Person or Persons shall counterfeit, raze, or falsify any such Certificate for any Vessel or Goods, or shall knowingly or wittingly make use thereof, you shall prosecute such Person for the forfeiture of the Sum of five hundred Pounds according to the Clause of the aforesaid Act for preventing Frauds, and regulating Abuses in the Plantation Trade; and pursuant to the said Act you shall take care, that in all such Bonds to be hereafter given or taken in the Province under your Government, the Sureties therein named be persons of known residence and ability there, for the value mentioned in the said Bonds, and that the Condition of the said Bonds be within eighteen Months after the Date thereof, the danger of the Seas excepted, to produce a Certificate of having landed and discharged the Goods therein mentioned in One of Our Plantations, or in this Kingdom, otherwise to attest the Copy of such Bonds under your hand and Seal, and to cause Prosecution thereof. And it is Our further Will and Pleasure that you do give Directions to the Naval Officer or Officers not to admit any Person to be Security for another, who had Bonds standing out and undischarged, unless he be esteemed responsible for more than the Value of such Bonds.

7. And you are also to give Directions to the said Naval Officer or Officers to advise with the Collector of the Port or District in taking Bonds, and not to admit any Person to be Security in any Plantation Bond until approved by the said Collector; And whereas Lists of all Certificates, granted in South Britain for the discharge of Bonds given in the Plantations, are every Quarter sent to the Collectors of the Districts, where such Bonds are given, the said Naval Officer or Officers is, or are to take care, that no Bond be discharged or cancell'd by him or them without first advising with the Collector, and examining the said List; to see that the Certificate is not forged or counterfeited; And whereas the Principal Officers of Our Customs in America are directed to examine from time to time, whether the Plantation Bonds be duly and regularly discharged, you are to give directions, that the said Officers be permitted to have recourse to the said Bonds, as well as the Book or Books in which they are or ought to be entered and to examine as well whether due Entry thereof be made, as whether they are regularly taken and discharged, and where it shall appear, that Bonds are not regularly discharged, you are to order that, such Bond be put in Suit.

8. You are to understand that the Payment of the rates and Duties imposed by An Act intituled, "An Act for the encouragement of the Greenland and Eastland Trades; and for the better securing the Plantation Trade" passed in the twenty fifth Year of the Reign of King Charles the Second, on the several Plantation Commodities therein enumerated doth not give Liberty to carry the said Goods to any other Place, than to some of Our Plantations, or to Great Britain only, and that, notwithstanding the Payment of the said Duties, Bond must be given to carry the said Goods to some of the said Plantations, or to Great Britain, and to no other Place.

9. You shall every three Months, or oftener, or otherwise as there shall be opportunity of Conveyance, transmit to the Commissioners of Our Treasury, or our High Treasurer for the Time being, and to the Commissionrs of Our Customs in London, a list of all Ships and Vessels trading in the said Province according to the Form and Specimen hereunto annexed, together with a List of the Bonds taken, pursuant to the Act passed in the twenty second and twenty third years of King Charles the Second's reign, intituled "An Act to prevent planting Tobacco in England; and for regulating the Plantation Trade;" and you shall cause Demand to be made of every Master at his clearing of an Invoice of the Contents and Quality of his Lading &c, according to the Form hereunto also annexed, and inclose a Copy thereof by some other Ship, or for want of such Opportunity by the same Ship under Cover, sealed, and directed to the Commissioners of Our Treasury, or Our High Treasurer for the Time being, and to the Commissioners of Our Customs in London, and send another Copy of the said Invoice in like manner to the Collector of that Port, in this Kingdom for the Time being, to which such Ship shall be said to be bound.

10. Whereas by the aforesaid Act for the Encouragement of Trade, no Commodities of the Growth, Production, or Manufacture of Europe, except Salt for the Fishery of New England and Newfoundland, Wines of the growth of ye Madeira's or Western Islands or Azores, Servants and Horses from Ireland and all sorts of Victuals of the growth and production of Ireland, and salt to the Provinces of Pennsylvania, New-York, Nova Scotia, and Quebec, in pursuance of five Acts passed in the Thirteenth year of the reign of King George the First, in the Third year of His late Majesty's reign, and in the Second, Fourth and Sixth years of Our Reign, shall be imported into any of Our Colonies or Plantations, but what shall be bonâ fide, and without Fraud Laden and Shipped in Great Britain, and in Ships duly qualified, you shall use your utmost endeavour for the due observation thereof; and if contrary hereunto any Ship or Vessel shall import into our said Province under Your Government any Commodities, of the growth, production, or Manufacture of Europe, but what are before excepted, of which due Proof shall not be made, that the same were Shipped or Laden in some port of Great Britain by producing Cocquets or Certificates under the hands and Seals of the Officers of Our Customs in such Port or Place where the same were Laden, such Ship or Vessel and Goods shall be forfeited; and you are to give in Charge, that the same be seized and prosecuted accordingly.

11. And in order to prevent the acceptance of forged Cocquets or Certificates which hath been practised to Our great Prejudice, you are to give effectual Orders, that for all such European Goods as by the said Act are to be shipp'd and laden in Great Britain Cocquets for the same from hence be produced to the Collectors or other Officers of Our Customs in Our aforesaid Province under your Government for the Time being, before the unlading thereof, and you shall give Order that no European Goods be landed but by Warrant from the said Collector in the Presence of an Officer appointed by him, and for the better prevention of Frauds of this Kind you shall take care, that according to the said Act of Trade, no Ship or Vessel shall be permitted to lade or unlade any Goods or Commodities whatsoever, until the Master or Commander thereof shall first have made known to you, or such Officer, or other Person as shall be thereunto authorized and appointed, the arrival of such Ship or Vessel, with her Name, and the Name and Surname of the Master, and hath shown, that she is a Ship duly navigated, and otherwise qualified according to Law, and hath deliver'd to you, or such other Person, as aforesaid, a true, and perfect Inventory of her lading, together with the Place or Places, in which the said Goods were laden, and taken into the said Ship or Vessel, under forfeiture of such Ships and Goods.

12. You shall not make or allow of any laws, Bye Laws, Usages or Customs in Our said Province under your Government, which are repugnant to the Laws herein before mentioned, or any of them or to any other Law already made or hereafter to be made in this Kingdom, so far as such Laws relate to, and mention the said Plantations, but you shall declare all such Laws, Bye Laws, Usages, or Customs in Our said Province under Your Government, which are any wise repugnant to the said Laws, or any of them, to be illegal, null and void, to all intents and Purposes whatsoever

13. You shall be aiding and assisting to the Collector and other Officers, of Our Admiralty, and Customs appointed, or that shall hereafter be appointed by the Commissioners of Our Customs in this Kingdom, by and under the Authority and Direction of the Commissioners of Our Treasury, or Our High Treasurer of Great Britain for the time being, or by Our High Admiral or Commissrs for executing the Office of High Admiral of Great Britain for the Time being, in putting in execution the several Acts of Parliament before mentioned; and you shall cause due Prosecution of all such Persons, as shall any ways hinder or resist any of the said Officers of Our Admiralty or Customs in the performance of their duty. It is likewise our Will and Pleasure, and you are hereby required by the first Opportunity to move the Legislative Council of Our said Province that they provide for the expence of making Copies for the principal Officers of Our Customs, in Our said Province for the time being, of all Acts and Papers, which bear any relation to the Duty of their Office; and in the mean time you are to give Orders, that the said Officers for the time being as aforesaid, be allowed a free inspection in the publick Offices within Your Government of all such Acts and Papers without paying any Fee or Reward for the same.

14. Whereas the Commissioners appointed for collecting the Six Pence per Month from Seamen's Wages for Our Royal Hospital at Greenwich, pursuant to an Act of Parliament passed in the second year of His late Majesty's Reign, intituled "An Act for the more effectual collecting in Great Britain and Ireland, and other parts of His Majesty's Dominions the duties granted for the Support of the Royal Hospital at Greenwich," have given Instructions to their receivers in foreign Ports for their Government therein. It is therefore Our Will and Pleasure, that you be aiding and assisting to the said Receivers in your Government in the due execution of their Trusts.

15. And whereas by an Act passed in the Sixth year of His late Majesty's reign, intituled "An Act for the better securing and encouraging the Trade of His Majesty's Sugar Colonies in America" and by another Act passed in the fourth year of Our Reign, intituled "An Act for granting certain duties in the British Colonies and Plantations in America &ca" Duties are laid on all Sugar Panales, and several other Species of Goods therein enumerated of the Produce & Manufacture of any of the Plantations, not in Our Dominion, which shall be imported into any Our Colonies or Plantations; notwithstanding which, we are informed, that great Quantities of foreign Sugar, Paneles, and other Goods mentioned in the aforesaid Acts, are clandestinely landed in Our Plantations without Payment of the said Duties. Our Will and Pleasure is, that you be aiding and assisting to the Collectors and other Officers of Our Customs, in Your Government, in collecting the said Duties, and seizing all such Goods, as shall be so clandestinely landed, or put on Shore without paymt of the Duties, and you shall cause due Prosecution of all such Sugar Paneles, and other Goods, as shall be seized for Non Payment of the Duties, as well as the Persons aiding or assisting in such unlawful Importations, or that shall hinder, resist, or molest the Officers in the due Execution of the said Laws, and you are to observe that Our share of all Penalties and Forfeitures, so recovered is pursuant to the said Act made in the fourth year of Our Reign to be paid into the hands of Our Collector of the Customs at the Port or Place, where the same shall be recovered for Our Use.

16. You shall take care that upon any Actions, Suits, and Informations that shall be brought, commenced or entered in Our said Province under your Government upon any Law or Statute concerning Our Duties, or Ships, or Goods, to be forfeited by reason of any unlawful Importations or Exportations there be not any Jury, but of such as are Natives of Great Britain, or Ireland, or are born in any of Our said Plantations.

17. You shall take care that all places of Trust in the Courts of Law, or in what relates to the Treasury of our said Province under your Government, be in the Hands of Our Native-born Subjects of Great Britain or Ireland or the Plantations.

18. And that there may be no Interruption or Delay in matters of Prosecution and Execution of Justice in Our Courts of Judicature within Our said Province under your Government by the death or removal of any of Our Officers employed therein until We can be advised thereof, and appoint others to succeed in their Places, you shall make choice of Persons of known Loyalty, Experience, Diligence, and Fidelity to be employed for the purposes aforesaid until you shall have Our Approbation of them or the Nomination of others from hence.

19. You shall from time to time correspond with the Commissioners of Our Customs in London for the Time being, and advise them of all Failures, Neglects, Frauds, and Misdemeanours of any of the Officers of Our Customs in Our said Province under your Governmt and shall also advise them, as occasion shall offer, of all occurrences necessary for their Information relating either to the aforesaid Laws of Trade and Navigation, or to Our Revenue of Customs and other Duties under their management, both in Great Britain and the Plantations.

20. If you shall discover, that any Persons or their Assigns claiming any Right or Propriety in any Island or Tract of Land in America, by Charter or by Letters Patent shall at any time hereafter, alien, sell or dispose of such Island, Tract of Land, or Propriety other than to Our natural born Subjects of Great Britain, without the Licence or Consent of Us, our Heirs, or Successors signified by Our or their Order in Council first had and obtained, You shall give Notice thereof to Us, and to Our Commissioners of Our Treasury or to Our High Treasurer of Great Britain for the Time being.

21. Whereas by the aforesaid Act for preventing Frauds, and regulating Abuses in the Plantation Trade, it is provided for the more effectual prevention of Frauds which may be used to elude the Intention of the said Act by colouring foreign Ships under British Names; That no Ship or Vessel shall be deemed or pass as a Ship of the Built of Great Britain or Ireland, Guernsey, Jersey, or any of Our Plantations in America, so as to be qualified to Trade to, from, or in any of Our said Plantations until the Person or Persons claiming Property in such Ship or Vessel shall register the same in manner thereby directed, You shall take care that no foreign Built Ships be permitted to pass as a Ship belonging to Our kingdom of Great Britain, or Ireland, until proof be made upon Oath of one or more of the owners of the said Ship before the Collector or Comptroller of Our Customs in such Port to which she belongs or upon like Proof before yourself, with the principal Officer of Our Revenue residing in Our aforesaid Province, under your Government, if such Ships shall belong to the said Province which Oath you, and the Officers of Our Customs respectively are authorized to administer in manner thereby directed, and being attested by you and them so administering the same, and registered in due form according to the specimen hereunto annexed, you shall not fail immediately to transmit a Duplicate thereof to the Commissioners of Our Customs in London in order to be entered in a general register to be there kept for that purpose with Penalty upon every Ship or Vessel trading to, from, or in any of Our said Plantation in America as aforesaid, and not having made Proof of her Built and Property, as by the afore-mentioned Act is directed, and shall be liable to such Prosecution and Forfeiture as any Foreign Ship (except Prize condemned in Our high Court of Admiralty) would for trading with our Plantations, by the said Law be liable unto, with this Proviso, that all such Ships as have been or shall be taken at Sea, by Letters of Marque or Reprizal and Condemnation thereof made in Our High Court of Admiralty as lawful Prize, shall be especially registered, mentioning the Capture and Condemnation instead of the Time and Place of Building, with Proof also upon Oath, that the entire Property is British before any such Prize be allowed the privilege of a British Built Ship according to the meaning of the said Act, And that no Ships Name registered be afterwards changed without registering such Ship de Novo, which by the said Act is required to be done upon any Transfer of Property to another Port, and delivering up the former Certificate to be cancelled, under the same Penalties, and in like Method and in case of any Alteration of Property, in the same Port, by the Sale of one or more Shares in any Ship after registering thereof, such Sale shall always be acknowledged by Endorsement on the Certificate of Register before two Witnesses, in order to prove, that the entire property in such Ship remains to some of Our Subjects of Great Britain, if any Dispute shall arise concerning the same.

22. Whereas by the Act passed in the Twenty first year of His late Majesty's Reign for encouraging the making of Indigo in the British Plantations in America, as the same stands continued & amended by an Act passed in the third year of Our Reign, a premium of four pence p Pound is allowed on the Importation of Indigo of the Growth of the British Plantations; and there are likewise contained in the said Act several Provisions to prevent Frauds, by importing foreign Plantation-made Indigo, or any false Mixtures in what is made in the British Plantations, with a view to recover the said Premium; It is therefore Our Will & Pleasure, that if there now are, or hereafter shall be any Plantations of Indigo within Our said Province under your Government, you do take particular Care, that the said Provisions be duly and punctually complied with, and do likewise from time to time transmit to us, by One of Our Principal Secretaries of State, an Account of all such Plantations of Indigo, with the Names of the Planters, and the Quantity of Indigo they make, as also the Quantity of such Indigo exported from the said Province, distinguishing the time, when exported, and the Port where shipped, the Names of the Vessels, and the Port, to which bound; and if there be any foreign Indigo imported into the said Province, It is Our further Will & Pleasure, that you do in like manner transmit an Account of such foreign Indigo imported, distinguishing the time when, and the Place from whence imported, together with an Account of such foreign Indigo exported, and the Port where shipped, the Names of the Vessels, and the Port to which bound.

23. Whereas by the Act passed in the tenth year of the Reign of King William the Third, "to prevent the Exportation of Wool out of the Kingdom of Ireland, and England into foreign Parts, and for the Encouragement of the Woollen Manufactures in the Kingdom of England," It is amongst other Things, therein enacted, that no Wool, Woolfels, Shortlings, Mortlings, Wool-flocks, Worsted-Bays, or Kerseys, Says, Friezes, Druggets, Cloth Serges, Shalloons, or any other Drapery Stuffs, or Woollen Manufactures whatsoever made or mixed with Wool or Woolflocks, being of the Product or Manufacture of any of the British Plantations in America, shall be laden or laid on board in any Ship or Vessel in any Place or Port within any of the said British Plantations, upon any pretence whatsoever, as also that no such Wool, or other the said Commodities, being of the product or Manufacture of any of the said British Plantations, shall be loaden upon any Horse, Cart, or other Carriage, to the intent & purpose to be exported, transported, carried or conveyed out of the said British Plantations to any other of our Plantations, or to any other place whatsoever, upon the same & like Pains, Penalties & Forfeitures to, and upon all the Offender and Offenders therein, within all and every of Our said British Plantations respectively, as are provided and prescribed by the said Act for the like Offences committed within Our Kingdom of Ireland; You are to take effectual Care, that the true Intent & Meaning thereof, so far forth as it relates to you, be duly put in Execution.

24. In the Act made in the twenty fourth year of His late Majesty's Reign, "for the more effectually securing the Duties upon Tobacco," there is a Clause to prevent Frauds in the Importation of Bulk-Tobacco, enacting that no Tobacco shall be imported into this Kingdom, otherwise than in Cask, Chest, or Case, containing Four Hundred & fifty Pounds Weight of Tobacco each, under Penalty of the Forfeiture thereof; you shall take care, that this part of the said Act be made publick, that none may pretend Ignorance: and that the true Intent & Meaning thereof be duly put in execution within your Government.

25. And Whereas His Majesty King George the First was informed, that a Clandestine Trade had been carried on, as well by British as foreign Ships from Madagascar, and other Parts beyond the Cape of Bona Esperanza within the Limits of Trade granted to the united East India Company, directly to Our Plantations in America, to the great Detriment of these Realms, and in breach of the several Laws in force relating to Trade & Navigation, Our Will & Pleasure is, that you, the said Guy Carleton, or in your Absence the Commander in Chief of Our said Province of Quebec for the time being, duly observe and cause to be strictly observed the several Laws & Statutes now in force for the regulating of Trade and Navigation, particularly the several Acts of Parliament already mentioned in your general and these Instructions; and in order to the better Execution of the Laws & Statutes abovementioned, upon the first notice of the Arrival of any Ship or Ships within the Limits of any Port of, or belonging to your Government, which have or are suspected to have on board any Negroes, Goods, or Commodities of the Growth, Produce or Manufacture of the East Indies, Madagascar, or any Parts or Places beyond the Cape of Bona Esperanza, within the Limits of Trade granted to the United East India Company, pursuant to the aforementioned Act of the Ninth & Tenth of King William, you shall immediately cause the Officers of our Customs in your Government, and any other Officers or Persons in aid of them, to go on board such Ship or Ships, and to visit the same, and to examine the Masters or other Commanders, the Officers & Sailors, on board such Ship or Ships, and their Charter Parties, Invoices, Cocquets, and other Credentials, Testimonials, or Documents; and if they find, that such Ship or Ships came from the East Indies, Madagascar, or any other Parts or Places beyond the Cape of Bona Esperanza within the Limits of Trade granted to the said united East India Company; and that there are on board any such Goods, Commodities, or Negroes, as abovementioned, that they do give notice to the Master or other Person having then the Command of such Ship or Ships forthwith to depart out of the Limits of your Government, without giving them any Relief, Support, Aid or Assistance, altho' it should be pretended, that such Ship or Ships, were or the same really should be in Distress, Want, Disability, Danger of sinking, or for, or upon any other Reason or Pretence whatsoever, And that you Our Governor or Commander in Chief do by no means suffer any Goods, Merchandize, or Negroes from on board such Ship or Ships to be landed or brought on shore upon any Account or Excuse whatsoever; And it is Our further Will and Pleasure, that, if any such Ship or Ships, being foreign, having on board any such Goods, Merchandize, or Negroes, do not upon notice given to the Master or other Person having the Command thereof, as soon as conveniently may be, depart out of the Limits of your Government, and from the Coasts thereof, without Landing selling or Bartering any of the said Goods, or Negroes, you our Governor or the Commander in Chief for the time being, shall cause the said Ship or Ships, and Goods and Negroes to be seized and proceeded against according to Law; But if such Ship or Ships, having such Goods or Negroes on board, and entering into any Port or Place, or coming upon any of the Coasts or Shores of our said Province under your Government, do belong to Our Subjects, and do break Bulk, or sell, barter, exchange, or otherwise dispose of the said Goods, or Negroes, or any part thereof, contrary to Law; you are to take care, that such Ship or Ships, with the Guns, Tackle, Apparel and Furniture thereof, and all Goods and Merchandize laden thereupon, and the Proceeds and Effects of the same be immediately seized; and that the Laws in such case made and provided be kept in execution with the greatest Care, Diligence, and Application; But if any Ship belonging to the Subjects of any foreign State or Potentate, having on board any Negroes, or East India Commodities, shall be actually bound to some Place or Port in the West Indies belonging to any foreign Prince or State, from some European Port, and such Ship shall happen to be driven in by necessity, and be in real Distress, the same may be supplied with what is absolutely necessary for her Relief; but you shall not take, have, or receive, nor permit or suffer any Person to take, have or receive, any Negroes, or other the said East India Commodities, in payment or satisfaction for such Relief; that if any Officer of our Customs, or other Officer employed by you our Governor or Commander in Chief in visiting, searching, or seizing such Ship or Ships, Goods, Merchandize, or Negroes, be corrupt, negligent or remiss in the discharge of his Duty therein, We do hereby require you to suspend him from the execution of his said Office; and that you do by the first Opportunity send an Account of such Officer's Behaviour to Us by one of Our Principal Secretaries of State, that care may be taken, that such Officer be removed from his Employment, and further punished according to his Demerit, — And Our further Will and Pleasure is, that you Our Governor or Commander in Chief, do constantly from time to time, and by the first Opportunity that shall offer, send us by one of Our Principal Secretaries of State, true, full, and exact Accounts of your Proceedings, and of all other Transactions & Occurrences in, or about the Premisses, or any of them.

26. And Whereas, notwithstanding the many good Laws made from time to time, for the preventing of Frauds in the Plantation Trade, it is manifest, that very great Abuses have been and continue still to be practised to the prejudice of the same, which Abuses must needs arise either from the Insolvency of Persons, who are accepted for Security, or from the Remissness or Connivance of such, as have been, or are Governors in the several Plantations, who ought to take care, that those persons, who give Bond, should be duly prosecuted in case of non-performance; You are to take notice, that we take the Good of Our Plantations and the Improvement of the Trade thereof, by a strict and punctual Observance of the several Laws in force concerning the same, to be of so great Importance to the Benefit of this Kingdom, and to the Advancing the Duty of Our Customs here, that, if We shall hereafter be informed, that at any time there shall be any failure in the due Observance of those Laws, and of these present Instructions, by any wilful fault or neglect on your part, We shall esteem such Neglect to be a Breach of the aforesaid Law; And it is our fixed and determined Will & Pleasure, that you or the Commander in Chief respectively be for such Offence, not only immediately removed from your Employments, and be liable to the fine of one Thousand Pounds, as likewise suffer such other Fines, Forfeitures, Pains & Penalties, as are inflicted by the several Laws now in force relating thereunto; but shall also receive the most rigorous Marks of Our highest Displeasure, and be prosecuted with the utmost Severity of the Law for your Offence against Us in a Matter of this consequence, that We now so particularly charge you with.

G: R.

Quebec. A List of Ships & Vessels, which have entered inwards in the Port of      in the Province of Quebec between the      day of      and the      day of      following, being the Quarter ended at      with the particular Quantity & Quality of the Loading of each Vessel.

Key: A Time of Entry; B Ship's Name; C Master's Name; D Built; E Number of; F Tons; G Guns; H Men; I Where & when built; J Where & when registered; K Owner's Names; L General Cargoe; M From whence; N Where & when bond given; O N.B. — The particular Quantity & Quality of the Loading must be mentioned under these Columns.

ABCDEIJKLMN
FGH
O
 
 
 
 
 
 
 
 

In the Register of Prize Ships the Capture & Condemnation must be also specially mentioned, instead of the time & place of Building; List of all Ships trading to, or from the Plantations, or from one Plantation to another, to be prepared Quarterly by the Collector of Customs, and the Naval Officers in the respective Plantations, in order to be transmitted by you to the Lord High Treasurer, or Lords Commissioners of the Treasury for the time being, to the Lords Commissioners for Trade and Plantations, and to the Commissioners of His Majesty's Customs at London by the first Opportunity of Shipping Each Quarter.

Quebec. A List of Ships and Vessels, which have cleared outwards at the Port of      in the Province of Quebec between the      Day of      and the      day of      following, being the Quarter ended at      with the particular Quantity & Quality of the Loading of each Vessel.

Key: A Time of Clearing; B Ship's Name; C Master's Name; D Built; E Number of; F Tons; G Guns; H Men; I Where & when built; J Where & when registered; K Owner's Names; L General Cargoe; M Whither bound; N Where & when bond given; O N.B. — The particular Quantity & Quality of the Loading must be mentioned under these Columns.

ABCDEIJKLMN
FGH
O
 
 
 
 
 
 
 
 

Endorsed: Guy Carleton Esqr Governor of Quebec

      Trade Instructions

            Dated 3d Jany 1775.


Canadian Archives, M 230, p. 177. These Instructions were furnished to all the Colonial Governors and contain a summary of the famous Navigation Acts, which express the essence of the whole Colonial System of the time, and show how limited, in point of law at least, was the outlet for the colonies even in regard to intercolonial, not to mention foreign intercourse.

This addition to the 3d Article found in the Trade Instructions to Carleton, 1768. Privy Council Office Plantation Book, 1767-1771.

 

[L.S.]

George R.

Additional Instructions to Our Trusty & welbeloved Guy Carleton Esqr Our Captain General & Governor in Chief in C.O. (Quebec 1768-1787 Vol. I.) & over Our Province of Quebec in America, & of all Our Territories dependent thereupon; Or to the Commander in Chief of Our said Province for the time being. Given at Our Court at St James's the thirteenth day of March 1775. In the fifteenth year of Our Reign.

Whereas We did by Our general Instructions to you, bearing date at Our Palace of St James's the      day of      Declare Our Royal Will & Pleasure that sundry Salaries & Allowances therein mentioned, should be discharged & paid out of any Revenue arising to Us within Our said Province of Quebec, or out of such other Monies as should be granted or appropriated to the Use & Service of Our said Province; the said Salaries & Allowances to commence on, & to be payable from & after the first day of May 1775. It is Our further Will & Pleasure, that over and above the several Salaries and Allowances in the said Instructions mentioned & set down — You do pay, or cause to be paid annually out of the said Revenue or Monies granted or appropriated as aforesaid, unto Our Trusty & welbeloved Edward Bishopp Esqr or to his lawful Attorney, for & during Our Will & Pleasure, the further Sum of One Hundred Eighty two Pounds ten Shills the said annual Payment or Allowance to commence on the first day of May next ensuing the date hereof.

G: R.

 

[L.S.]

George R.

Additional Instructions to Our Trusty & Welbeloved Guy Carleton Esqr Our Captain General and Governor in Chief C.O. (Quebec 1768-1787 Vol. I.)] in and over Our Province of Quebec in America and of all Our Territories, dependant thereupon, or to the Commander in Chief of Our said Province for the time being. — Given at Our Court at St James's the fourteenth day of November 1775, In the sixteenth year of Our Reign. — 

Whereas We did by Our General Instructions to you bearing date at Our Palace of St James's, the 3d day of January 1775 Declare Our Royal Will and Pleasure that sundry Salaries and Allowances therein mentioned should be discharged & paid out of any Revenue arising to Us within Our said Province of Quebec, or out of such other Monies as should be granted or appropriated to the Use and Service of Our said Province the said Salaries and Allowances to Commence on and to be payable from and after the first Day of May last; It is Our further Will & pleasure that over and above the several Salaries and Allowances in the said Instructions mentioned and set down, You do pay or cause to be paid annually out of the said Revenue or Monies granted or appropriated as aforesaid unto Our Trusty and Welbeloved John Christopher Roberts Esquire, or to his lawfull Attorney the further Sum of Three hundred and fifty pounds; the said annual payment or Allowance to Commence on the first day of May last. — 

G. R.

DRAUGHT OF AN ORDINANCE FOR ESTABLISHING COURTS OF JUSTICE IN THE PROVINCE OF QUEBEC.[27]

This Ordinance is supposed to pass & be published after the 1st day of May, 1775.

Whereas by an Act of Parliament passed at Westminster in the 14th year of His Majesty's reign intituled "An Act for making more effectual provision for the Government of the Province of Quebec in North America" the several Courts of Justice then established in the said Province, together with all Commissions to Judges and other Officers concerned in the Administration of Justice, are revoked, annulled and made void.

And it being highly expedient and necessary that other Courts of Judicature with powers & authorities better adapted to the circumstances & situation of the Province, should be established in their place.

Be it enacted & ordained by His Excellency the Governor and Commander in chief for this Province by and with the advice & consent of the Council of the same, And it is accordingly enacted & ordained by the authority aforesaid that from and after the day of the date of the publication of this Ordinance, the following Courts of Criminal and Civil Jurisdiction to be held before the persons & at the days and places herein after set forth, with the powers & authority herein after more particularly described, be constituted & the same are hereby, & by the authority aforesaid constituted limited & appointed to take place in the several parts of the Province herein after mentioned for the due execution of the Laws & the Administration of Justice throughout the same as described and bounded by the said Act of Parliament.

And first that for the cognisance of all Pleas of the Crown & for the trial of all manner of Offences whatsoever as well capital as other inferior Crimes & misdemeanors done, committed & perpetrated or to be done committed & perpetrated by any person or persons whatsoever within the Province, together with all and every accessory & accessories to the same, there be constituted & the same is hereby, and by the authority aforesaid erected, constituted and appointed one Supreme Court of Criminal jurisdiction in & over the whole Province of Quebec by the name style & title of the Court of King's Bench; to hear and determine according to the Laws of that part of Great Britain called England, & the Laws, Ordinances and Regulations of the said Province of Quebec hereafter in that behalf to be made ordained and published.

*N.B. If after this ordinance is passed & before the arrival of the Chief Justice it should be necessary to hold a Court of Criminal jurisdiction, I apprehend it will also be necessary to re-enact the ordinance vesting the power of the Chief Justice in the hands of Commrs, so far as relates to their Criminal Jurisdiction.

Which Court so constituted and appointed as aforesaid shall be held before the Chief Justice of the Province for the the time being only,* to whom full power jurisdiction and authority is hereby given and granted to hear & determine all matters of a Criminal nature whatsoever & the offenders therein with their accessories & accomplices to imprision, try, convict & punish in as large & ample a manner & according to the same rules & forms of proceedings as to any Chief Justice of the Province aforesaid has at any time been given & granted, or the Court of King's Bench at Westminster hath; or of right ought to have, exercise & enjoy.

And for the more speedy Administration of Justice & to prevent as much as possible the severity of long & tedious imprisonments, It is further ordained & enacted that the Chief Justice shall hold a Court of Oyer Terminer & Goal delivery three times in every year at the Town of Quebec, & twice in every year at the Town of Montreal that is to say one Court at or on some day in the month of      one other Court at or on some day in the month of      & one other Court at or on some day in the month of      in & for the District of Quebec, at the Town of Quebec & one Court at or on some day in the month of      & one other Court at or on some day in the month of      in every year in for the District of Montreal in the Town of Montreal, & as much oftner as well at Quebec as Montreal, as the Chief Justice of the Province in his discretion shall think necessary & the state of the Goal shall require allowing always 15 days between the Teste and Return of the precept for holding such Courts — At which days & times the said Court of King's Bench at Quebec & Montreal shall sit & continue to sit 'till every prisoner in the Goal shall be tried, convicted or acquitted & discharged & the Goal fully delivered, unless the court shall see cause to the contrary, in which case it shall be lawful for them to remand any Prisoner or Prisoners, & put off his her or their trial to the next Court.

Provided always, & it is further enacted & ordained that from and after the publication of this Ordinance it shall not be lawful to or for any judge or judges having Criminal Jurisdiction, to direct, order or sentence any felon or felons, convict to be burned in the hand; but such felon or felons convict, as by the Laws England would be liable to be burned in the hand, shall from hence forth be punished by fine & imprisonment, at the discretion of the Court before whom such felon or felons shall be convicted.

And provided also that in all Cases of felony where by any Act of Parliament power is given to the judge or judges of any Court of Criminal Jurisdiction in England to transport any felon or felons to any of His Majesty's Plantations in America, it shall & may be lawful to and for the Court before whom any such felon or felons shall be convicted, & they are hereby authorized & empowered to assign over & transfer such felon or felons convict for the term of 7 or 14 years or other less or greater term according to the nature of their offence, to the use of any person or persons, or his her or their assigns, who shall be willing to contract for the same to be by him or them so contracting, kept to hard labour & employed in some public work, or in the Fisheries or other useful Service, & the person or persons so contracting, shall by virtue of such Order of Assignment & transfer have a property in the service of such felon or felons for the term of 7 or 14 years or such other term as shall be made part of the Condition of the said transfer & Punishment.

And in case such felon or felons so transferred as aforesaid shall, during any part of the term or terms for which they are condemned to serve refuse to obey the commands of such person or persons to whom they are consigned, their Agents, Overseers or Managers, or otherwise behave themselves disorderly, It shall & may be lawful to and for such person his Agents, Overseers & Managers to confine such felon or felons & put them in irons & feed them upon bread & water only, and give them such corporal chastisement & correction as, without breaking any limb or endangering their lives, may with safety be inflicted.

And if any such felon or felons so assigned & conveyed shall run away from and leave the service of such person or persons to whom they are consigned, & be at large before the end of his, her or their term, he she or they shall be liable to be punished as any person or persons attained of felony without benefit of Clergy, & execution shall be awarded accordingly provided that it shall & may be lawful for His Majesty to pardon the said felon or felons & remitt any part of his and their Service; And that where any such felon or felons shall have served his & their term for which they are sentenced, such service shall have the effect of a pardon for such Crime.

And every person or persons to whom any Court of Criminal Jurisdiction shall order any felon or felons to be transferred before any of them shall be delivered over to him or them, shall contract with such person as shall be appointed by the Court & give security that he will keep & employ the said felon or felons so transferred at hard labour as aforesaid for the term for which they shall be transferred, and that they nor any of them shall not be suffered to leave their service, or be at large by the wilful default of the person or persons contracting, or his, her, or their Assigns.

And it is further enacted and ordained that in all criminal cases whatsoever, no Indictment shall be quashed nor any Judgment arrested for want of form in any part of the Proceedings.

And for the better & more orderly Regulation & Establishment of the Courts of Civil Jurisdiction herein after to be appointed within the Province aforesaid It is Enacted and Ordained &ca That the Province of Quebec as limited & bounded by the said Act of the 14th of His present Majesty be divided into two Districts or Territories to be called & known by the names of the District of Quebec & Montreal — the District of Quebec to contain & comprehend so much of the said Province as lies to the Eastward of the river St Maurice, & to the Eastward of a Line drawn from the head of the said river to the Northermost bounds of the said Province; and also so much of the said Province as lies to the Eastward of the river      and N.B. There are two Rivers on the South side of the River St Lawrence nearly opposite the River St Maurice, the River du Chene & the River Puante; it is necessary to consult the Map to determine which to take. of a Line drawn from the head of the said river to the Southmost bounds of the said Province in case the said river shall be found to take its rise in the said Province; and, all that part of the Province to the Westward and Southwestward of the said Rivers & Lines shall be within the District of Montreal.

In and over which Districts of Quebec and Montreal so divided as aforesaid it shall and may be lawful to & for His Majesty, His Heirs & Successors from time to time to appoint two Ministerial Officers by the name & title of Sheriffs to preside, that is to say — the Sheriff of Quebec in & over the District of Quebec & the Sheriff of Montreal in & over the District of Montreal.

And it is further enacted and Ordained &ca that in & for the Districts of Quebec & Montreal so described & bounded as aforesaid, there shall be erected, constituted & appointed & the same are hereby & by the Authroity aforesaid erected, constituted & appointed two Courts of Civil Jurisdiction, by the name style & title of the Courts of Common Pleas to be kept & held at the Towns of Quebec & Montreal respectively, with full power and authority to hear & determine according to the Laws, Customs & usages of Canada as observed & received in the said Province before the conquest of the same by His Majesty's Arms, & according to such Laws, Ordinances and regulations as shall, from time to time, be enacted by the Legislative Council of the same; which Courts of Common Pleas at Quebec & Montreal so constituted as aforesaid shall be taken and adjudged to have each their separate jurisdictions independent of & unconnected with each other that is to say — the Court of Common Pleas at Quebec in and over all Causes arising or to arise within the District of Quebec and the Courts of Common Pleas at Montreal in and over all Causes arising or to arise within the District of Montreal.

And it is further enacted and ordained &ca That in the Courts of Common Pleas so constituted as aforesaid Four of His Majesty's antient British Subjects by Commission under the public Seal of the Province, shall sit as Judges, that is to say two of the said British Subjects in the Court of Quebec, & two other of the said British Subjects in the Court of Montreal, which Judges of the said Courts for the time being are hereby empowered & authorized to take cognizance of Pleas in all Civil Causes whatsoever as well between His Majesty and His Subjects, as between party and party whether real, personal or mixed, & the same to hear, adjudge & finally determine, and also to award costs between party and party as fully and amply to all intents and purposes whatsoever as the Court of Common Pleas at Westminster, or any Court of Civil Jurisdiction within His Majesty's Kingdom of England is or are authorized & empowered, or doth or may hear, adjudge determine and award.

And it is further Enacted and Ordained by the authority aforesaid that Too the Judges of the several Courts of Common Pleas as well in Quebec as Montreal so appointed as aforesaid, there be associated and joined in Commission two of His Majesty's Canadian Subjects by the name & names of Assistants or Assessors to the judges and Courts of Common Pleas as well in Quebec as Montreal respectively — that is to say — one such Canadian Subject as Assistant or Assessor to the judges & Court of the District of Quebec at Quebec, and one other such Canadian Subject as Assistant or Assessor to the judges & Court of the District of Montreal at Montreal.

Which said Assistants or Assessors shall be present at every Court and sit with the Judges of the said Courts respectively according to their District, & give their opinions and advice in all Civil matters as well of Law as practice, as often as they shall be thereunto called by the judges of the said Court; but shall have no authority or power to attest or issue any process, nor have any voice nor give any Vote concerning any order, judgement or Decree, or otherwise interpose or meddle with any of the business of the said Court than by giving such Advice & Opinion as aforesaid when thereunto called upon & required so to do by the Judges of the said Court of Common Pleas respectively.

And whereas it is very expedient for the due administration of Justice in this Province that there should be frequent Sessions of the Courts of Civil jurisdiction therein established to the end that His Majesty's Subjects in the said Province may prosecute their just claims in the said Courts with expedition & obtain final judgement and execution within a reasonable time — Be it further Enacted &c — and it is accordingly Enacted &c — that for the hearing and determining all Matters wherein the Cause of Action shall exceed the sum of Ten Pounds sterling money of Great Britain in and for & until the end & expiration of this present year 1775 there shall be held two Sessions of the Court of Common Plea as well at Quebec as Montreal that is to say one Sessions of the Court of Common Pleas for the District of Quebec at Quebec on the day of      and one other such Session as aforesaid on      day of      at Quebec as aforesaid, one Sessions of the Court of Common Pleas for the District of Montreal at Montreal on      day of      and one other such Sessions as aforesaid on      day of      at Montreal as aforesaid.

And from and after the End & Expiration of this present year, & in and for the year next ensuing — that is to say the year of Our Lord 1776, & in every year then after following, there shall be held 8 Sessions of the Courts of Common Pleas before the judges of the same that is to say 4 Sessions of the Courts of Common Pleas for the District of Quebec at Quebec, and 4 Sessions of the Courts of Common Pleas for the District of Montreal at Montreal by the Judges of the said Courts respectively on the days and at the times herein after following that is to say at Quebec for the district of Quebec

            on the first day of

            on the first day of

            on the first day of

            on the first day of

And at Montreal for the District of Montreal

            on the first day of

            on the first day of

            on the first day of

            on the first day of

except when any of the days so as aforesaid appointed for the holding any of the said Courts shall happen to be a Sunday, in which case the Sessions shall commence on the 2d or 3d of such month as the judges of the said Courts shall, in their discretion, think proper to appoint.

At which days and times so appointed as aforesaid, the said Courts of Common Pleas, as well at Quebec as Montreal, shall sit and continue to sit day after day on every day in the week, except Sundays, until the business of the said Court shall be finished unless the Judges of the said Courts shall be finished unless the Judges of the said Courts shall think fit at any time to adjourn the said Court unto some further day in the same Session or unto the first day of the next Session, which adjournments they are hereby empowered and authorized to make according to their own Discretion.

Provided always, and it is hereby further ordained & declared by the Authority aforesaid, That for the hearing & determining all Matters wherein the Cause of Action shall not exceed the sum of Ten Pounds, & where no title to Land is in question, the said Courts of Common Pleas as well at Quebec as Montreal, shall be open at all times, and they are hereby Commanded to be kept open at all times throughout the year except on Sundays, and for 3 weeks at seed time one Month at harvest, & a fortnight at Xmas and Easter; and except during such times as shall be appointed by the Judges for making their respective Circuits throughout the Province — And every Friday in every week throughout the year, except in such Vacations as aforesaid shall be a Court day for hearing & determining all Matters wherein the Cause of Action shall not exceed the sum of Ten Pounds, and where no Title to Land is in Question.

Provided also, and it is further Enacted and Ordained &c. by the Authority aforesaid, that from & after the Publication of this Ordinance, when any person or persons against whom any judgement or Judgements shall be obtained in either of the said Courts of Common Pleas, shall not have any Lands, Goods, or Effects wherewith to satisfy the same within the jurisdiction of that Court wherein such judgement or Judgements shall be obtained, but such person or persons shall have Lands, Goods & Effects within the jurisdiction of the other Court of Common Pleas that then and in that Case it shall and may be lawful to & for the judge or judges of the Court of the District in which such Judgement or judgements shall be obtained to award an Execution, or Executions to the Sheriff of the District in which such Lands Goods & Effects shall be found who shall before he proceeds to do anything therein carry such Writ or Writs of Execution to one of the Judges of the Court of the District in which such Lands Goods, or Effects shall be found, who is hereby authorized and required to indorse the same, which Writ or Writs of Execution being so endorsed as aforesaid, the Sheriff of the District in which such Lands Goods or Effects shall be found shall proceed to levy the debt & costs & make return thereof under his hand & seal to the Judge or Judges of the Court from whence such Writ or Writs of Execution was or were originally awarded.

And such Writ or Writs of Execution with the Return thereof under the hand & Seal of the Sheriff subscribing the same, shall be by him transmitted so soon after the making & subscribing thereof as conveniently may be, to the Sheriff of the District from when such Writ was originally awarded, who is hereby authorized & Commanded to deliver the same into the Court of Common Pleas, from whence such Writ was originally awarded, on the first Court Day next after the coming of the said Writ and Return into his hands, and the Judge or Judges of the said Court from whence such Writ of Execution was originally awarded, shall receive & record the same & the same shall be as valid and effectual to all intents & purposes as if the Sheriff making & subscribing the same, had himself been present & delivered it into Court with his own hand.

And in Case any person or persons against whom any such judgement or judgements as aforesaid, shall be obtained, not having any Lands, Goods, or Effects within the Province wherewith to satisfy the same shall usually reside without the Jurisdiction of the Court in which such Judgment or Judgments shall be obtain'd or being at the time of obtaing such Judgment or Judgments resident within the same shall alter his or their place of Residence and withdraw his or their Person or Persons from the Jurisdiction of the Court in which such Judgment or Judgments shall be obtained, it shall and may be lawfull to and for the Judge or Judges if the Court in which such Judgment or Judgments shall be obtained in all Cases, where such Writ may legally issue to award process against the Body of such Persons or Persons to the Sheriff of the District in which such Person or Persons shall reside or be found, which process being so indorsed as aforesaid the sheriff of the District in which such Person or Persons shall reside or be found shall proceed to Execute the same, and to arrest the Body and Bodies of such Person & Persons, & Him, Her & them to carry to the Common Goal of the District in which such Person or Persons shall be arrested, there to remain till the Debt and Costs are paid, or the parties be otherwise delivered by due Course of Law. Provided also the Sheriff executing the said Writ and Writs and making returns thereof as aforesaid shall be answerable as well for the truth of the said Returns as for any Misbehavior Neglect and Comission in the manner of Executing the said Writs and making returns thereof before the Judge or Judges of the Court from whence such Writs originally issued and not before the Judge or Judges of the Court of the District to which he belongs.

And to prevent as much as may be all unnecessary delay and other evil consequences arising from vitious and informall pleadings, and that the Judges of the Courts of Common Pleas may be the better enabled to give Judgment upon the true Merits of every Case, it shall and may be lawfull for the Parties as well Plantiffs as Defendants, their Counsell Solicitors and Agents in all Cases where the Cause of Action shall exceed the sum of Ten pounds Sterling Money of Great Britain and where any title to Lands shall be in question to set forth under the hand of their Counsel Solicitor or Agent subscribing the same either in the French or English Language the whole matter of Complaint and defence in as full and ample a manner and in such form as they shall think proper and upon the coming in of the final Answer of the defendant or when the Pleadings between the Parties shall be otherwise closed, the Court shall appoint a Day in the hearing of the Parties their Council, Solicitors or Agent to examine and consider the same, at which Day they shall proceed to settle the Issue or Issues contained in the several Allegations and Pleadings of the parties.

And if upon such Consideration and review of the pleadings it shall appear to the Court, and the Parties shall agree that no fact material to the point or points in Issue is controverted between them but that the Right of either party depends upon a mere Question or Questions of Law the Court shall appoint a day for hearing the Arguments of Council on both sides touching the same, and shall determine therein according to the Laws and Customs of the Province and according to their best knowledge and understanding of the same.

And if upon such review & Consideration as aforesaid it shall appear to the Court that some Fact or Facts material to the point or Points in Issue is and are intended to be contested between the Parties it shall and may be Lawfull for the Court by consent of all Parties and not otherwise to try the same before themselves by Vivâ Voce Evidence of Witnesses at their Bar written Instruments or other modes of Testimony commonly used in Courts of Justice and instead thereof and in case any of the Parties shall so require to direct one or more Issue or Issues for the Proof of such Facts to be Tried by a Jury returnable by the Sheriff at such day and time as the Court shall appoint for the Trial of the same.

And if upon review of the Pleadings aforesaid it shall appear to the Court that the Right of either Party depends upon a complicated Question both of Law & fact it shall and may be lawfull for the Court in that Case upon the consent of all the Parties as aforesaid to try such Issue of Fact themselves upon such Evidence as aforesaid or otherwise at the instance and request of either of the Parties to direct one or more Issue or Issues for the tryal of such Fact or Facts by Jury reserving to themselves the sole Right of determining (in which the Jury shall not interpose) the Question or Questions of Law Dependant upon such Facts and to give Judgment and pronounce thereon according to the Laws and Customs of the Province and according to their best knowledge and understanding of the same.

And it is further enacted and ordained that in all Actions hereafter to be commenced in either of the Courts of Common Pleas of the Nature of Actions of Assault and Battery, Slander false imprisonment and other Actions wherein a Recompence in Damages is sought for Personal wrongs, where no Justification in Law is pleaded on the part of the Defendant but the Issue is a meer Question of Fact upon Guilty or not Guilty it shall and may be Lawfull to and for the Judges of such Court to direct the same to be tried by a Jury of twelve Men who shall give their Verdict and assess the Damages between the Parties in the same manner as Juries do or have right to do who are at any time returned to try such Issues in the Court of Common Pleas at Westminster or any other Court of Civil Jurisdiction within the Kingdom of England.

And where in such Action or Actions as aforesaid any Justification in Law is set up by the Defendant or any Question of Law goes to the whole merits of the Case shall arise out of the pleadings the Court shall give Judgment thereon before any Issue shall be directed for the Trial of any Fact, and if such Judgment shall be with the Plaintiff it shall and may be Lawfull for the Court to direct and award to the Sheriff of the District in which such Judgment shall have been given a writ to Summon a Jury of twelve Men to appear before the Court on a certain Day therein appointed to enquire concerning the Damages sustained and suffered by the Plantiff in the said Action and Assess the sum necessary to be given to him as a Compensation for the same.

And whereas it has been found by Experience that the unanimity heretofore required from Jurors in giving their Verdict has been attended with many inconveniencies, it is further I think it will be necessary to have a particular Ordnance for the Regulation of Juries — if so this Clause had better be omitted for the present, indeed I am much inclined to doubt the Principles or Propriety of it at any Time. Enacted and ordained that in all Issues directed to be tried by a Jury in the Court of Common Pleas it shall not be necessary for the whole twelve Jurors to agree in their Verdict but the Verdict of Eight out of the twelve and not fewer agreeing and consenting thereto shall be as good valid and effectual for ascertaining any Fact or Facts directed to be tried in such Issue or Issues or for assessing such Damages as if the whole twelve Jurors agreed and been consenting to the same.

And whereas the Governor and Commander in Chief of the Province for the time being has been used to hear and determine causes in Equity and to pronounce order and decree therein between the Parties in a Court called and known by the Name stile and title of the Court of Chancery held before himself as keeper of the public Seal of the Province the proceedings of which Court with the Delay and Expence incident to a Suit commenced therein have been very Burthensome to the parties and are ill adapted to the state and Condition of the Province — It is further Enacted and ordained by the Authority aforesaid that from and after the Publication of this Ordinance No Governor, Lieut Governor or other keeper of the Public Seal of the Province shall hold or keep or sit as Judge in any such Court of Equity or Exercise any Powers & Authorities touching the same as belonging to or derived from the Custody of the Public Seal, but the same are hereby and by the Authority aforesaid revoked, annulled, and made void to all Intents & Purposes whatsoever.

And in place thereof and in order to retain & preserve so much of the Jurisdiction of a Court of Equity as is adequate to the purpose of attaining specific Justice & necessary thereto, it is farther enacted & ordained that in Matters of Account, Trust, Fraud, Concealment, and other Cases where any Plaintiff or Plaintiffs, or any Defendant or Defendants shall seek a Discovery of any Deed, Trust or other Matter or thing within the Knowledge of any Defendant or Defendants, Plaintiff or Plaintiffs which in all Equity and good Conscience ought to be discovered & made known to the Parties seeking such Discovery it shall and may be lawful to and for the Judges of the Court of Common Pleas as well in Quebec as Montreal to permit such Plaintiff or Plaintiffs & such Defendant or Defendants upon his, her or their Prayer for that purpose to exhibit one or more Interrogatory or Interrogatories for the purpose of procuring such Discovery and to compel the Parties from whom such Discovery is sought to answer the same upon pain of being proceeded against in the same manner as persons in Contempt for not answering or making such Discovery are usually proceeded against in any of the Courts of Equity in England until full Answer is put in or the Court is otherwise satisfied and the Party cleared of the Contempt.

And in like manner in all Cases of Covenant, where from the time of entering into such Covenant, nothing has intervened, or happened, to make it hard or unreasonable for the Party covenanting to perform the same, in the express Terms of the Covenant, it shall, and may be lawful, to and for the Judges of the said Courts of Common Pleas, upon Prayer of the Party for that purpose, to award and decree a specific performance of such Covenant, or Covenants, and in case of Disobedience, or Refusal, to imprison the Party so refusing, 'till he, she or they shall comply with the same & pay due Obedience to such Award & Decree.

And it is further enacted & ordained by the Authority aforesaid, that as well in the Courts of Common Pleas aforesaid, as in all other Courts of Civil Jurisdiction in this Province, the Process for compelling Appearances & all other Matters previous to the Judgment except in Cases of Contempt for not answering to Interrogatories, & except where the Judges of the Court upon special Affidavit shall mark any Writ for Bail which in their Discretion they are hereby authorized to do, shall by Summons, Attachment of Goods & Distress only, & after Judgment, by Writ of Execution against the Goods & Effects, and for want of Goods & Effects, against the Land, and for the want of Land against the Person of the Defendant or Defendants, against whom any Judgment or Judgments shall be obtained in any such Court or Courts.

But whereas great & manifold Inconveniences & Losses have arisen to the Proprietors of real Estates in this Province by having their Houses & Lands taken in execution & exposed to sale for the payment of small debts, & also from the hasty & informal Method of setting the same to sale, even in Cases where the Extent of the Judgement will admit of no other Satisfaction; It is further enacted & ordained by the Authority aforesaid that from & after the publication of this Ordinance no process whatsoever shall be awarded out of any of the Courts of Civil Jurisdiction in this Province, for the Sale of any House or Houses, Land or Lands, Tenement or Tenements upon any Judgement or Judgements where the original Cause of Action shall not exceed the sum of ten pounds Sterling Money of Great Britain, & that from & after the publication aforesaid, no Houses, Lands or Tenements nor any House, Land or Tenement shall be extended or sold by the sheriff or any person whatsoever, unless the personal Property of the Defendant or Defendants in the Action shall be found insufficient.

And it is further ordained and declared by the Authority aforesaid, that upon the issuing of any Writ or Writs of Execution for the sale of any Houses, Lands or Tenements, or so soon after as conveniently may be, the Sheriff of the District in which such Houses, Lands or Tenements shall lie or be situated shal cause the same to be advertized in the Quebec Gazette, both in English and French, and therein set forth as near as may be the Quantity, Quality & Condition of such Lands & Houses, together with the Terms & Day of sale, which Day of Sale shall not be 'till six Months after such Publication as aforesaid; and at the same time or so soon after as conveniently may be, he shall also cause a true Copy of the said Advertisement in the English and French Language to be sent to the Head Bailiff of the Parish where such Houses & Lands shall lie & be, who is hereby ordered & required to fix the same upon the Door of such Parish Church, & replace the same so often as it shall be removed, defaced, or rendered illegible by time or accident; and also to publish & declare the Contents thereof every sunday at the Door of the said Church immediately after Divine service, that the same may be fully known & understood by the Inhabtants thereof for which the said Bailiff shall receive out of the Produce arising from the Sale of the said Estate the Sum of one Spanish Dollar & no more to be paid by the sheriff & allowed him in his Accounts.

Provided always, and it is hereby and by the Authority aforesaid further ordained and declared, that from and after the Publication of this Ordinance, all Houses Lands & Tenements against which any Writ or Writs of Execution shall be awarded for the sale of the same, shall be taken to be and they are hereby & by the Authority aforesaid declared, to be obliged & bound in Law to pay & satisfy all & every judgment & Judgements which shall or may be obtained against the Owners & Proprietors thereof, from the Day on which such Judgement or Judgements shall be pronounced & given, and that no Mortgage Sale or Assignment, or any Deed of Conveyance or any Disposition without Deed, whatsoever, howsoever, or to whomsoever made on or after the Day on which such Judgement or Judgements shall be pronounced & given as aforesaid shall defeat, avoid, suspend, or delay the Force and Operation of such Judgment, but all & every such Morgage, Sale, Assignment, Deed & Disposition, shall be taken to be, and all & every of them is, & are hereby declared to be fraudulent, as against the said Judgment, Creditor, or Creditors, & to have no Validity, Power, Effect, or operation, whatsoever to the prejudice of such Judgment Creditor or Creditors.

And it is further ordained & declared by the Authority aforesaid, that all Judges issuing any Writ of Execution, as well where the Cause of Action shall exceed the sum of ten Pounds sterling as aforesaid, or where it shall not exceed the same, shall & may, and they are hereby authorized & required, to mark upon such Writ of Execution, the Day on which Judgement was pronounced in the Cause, and if two or more Writs of Execution shall be issued upon Judgments pronounced, the same day, against the same Defendant, or Defendants, & so marked upon the Writ, such Executions shall have the same Privileges, & be satisfied in equal proportions; & the sheriff or other persons to whom such Writs of Execution shall be awarded, is hereby authorized & commanded, after the sale of the whole of such Defendant or Defendants, real & personal Estate, where the said Writs of Execution shall be awarded against both, in case the same should not be sufficient to satisfy the whole of the said Judgements, to pay over, & divide the Produce of such sale, or sales, after deducting his own Costs & Charges, amongst the several Plaintiffs in proportion to the Amount of their respective Judgments.

*This Clause perhaps had better be inserted after the clause establishing the Courts of the District.

*Provided always that nothing contained in this Ordinance shall extend or be construed to extend, to prevent or hinder the Judges of any of the Courts of Judicature, established or to be established by virtue of the same, from making any other Rules & Regulations, not contrary to the Rules & Regulations herein before described, for the more orderly practice & Proceedings in the said Courts, but the said Judges of the said several Courts shall be, and they are hereby authorized & impowered to make such other Rules & Regulations, except in the Cases herein before provided for, in as full & ample manner, as all, or any of the Judges of the several Courts of Judicature in England may or of Right ought to make.

And provided also that, in all Cases where the Cause of Action shall exceed the sum of ten pounds sterling Money of Great Britain, or where any Title to Land is in question, all & every Person & Persons, who shall think him, her, or themselves, aggrieved by Virtue of any Decree, Judgment, sentence, or Order, of any of the Courts of Justice established; or to be established, in this Province, may appeal therefrom; & it shall be lawful for him, or them, to appeal therefrom to the Court of Appeals, to be held before the Govr & Council of the Province as hereinafter appointed; such Person or Persons so appealing, having first given good security to prosecute such Appeal, & also to pay & satisfy the Debt & Costs, as well of the original Judgement, as of the Appeal, in case the original Judgement shall be affirmed in such Court of Appeal.

Provided always that such Appeal be prosecuted out of the Court below, & entered with the Clerk of the Council or other Officer appointed to receive Appeals from the inferior Courts within      Months after Judgment shall have been given in such inferior Courts.

And whereas the providing an easy plain & summary Method of proceeding for the Recovery of small Debts, very much contributes to promote Industry & to support & encourage useful Credit, and to the intent that the manner of Proceeding in such Actions where the Matter in dispute does not exceed the sum of ten Pounds sterling Money of Great Britain may be clearly comprehended so as to enable the Party to prosecute his own Means of Redress by himself or Agent with Dispatch certainty & Moderation in point of Expence; It is enacted & declared &ca That from & after the Publication of this Ordinance in all Matters where the Cause of Action shall not exceed the Sum of ten Pounds as aforesaid. No Process whatsoever shall issue against any Defendant or Defendants untill the Plaintiff or Plaintiffs or his, her or their Agent or Agents shall have produced & left with, or being unable to write or read, shall have first procured from the Clerk of the Court of Common Pleas in which such Action is intended to be brought who is hereby ordered & required to make out the same a Plaint or Declaration either in the English or French Language according to the following form.

Quebec

Montreal       Day of       177

A. B. Plaintiff

C. D. Defendant

The Plaintiff demands of the Defendant the sum of       due to the Plaintiff from the Defendant for       which said sum though often demanded, still remains due, Therefore the Plaintiff demands Judgement; which Declaration being so produced to, and left with or so as aforesaid made out by the Clerk of the Court in which such Action is intended to be brought, shall be filed by the said Clerk with other Records of the Court, and the said Clerk shall immediately make out an attested Copy thereof & upon such Copy indorse a summons to which he shall procure the Name of one of the Judges of the said Court to be set commanding the Defendant either to pay the Debt & Costs to the Plaintiff, or else to appear on some subsequent Court day, according to the Discretion of the Judge who signs the same, Regard being had to the distance of the Defendant's place of Residence, & the means of Communication therewith, which summons shall be in the following form.

To C. D. the Defendant in this Action.

You are hereby commanded & required to pay to the Plaintiff the within named Sum of      together with      Costs or else to be and appear, either in person, or by your Agent, before me at the Court house of the Town of Quebec/Montreal together with your Witnesses, if any you have, on      day of      which day the matter of Complaint against you, as Contained in the within Declaration, will be heard & finally determined, otherwise Judgment will be given against you by default in this Action.

E. F. Judge of the Court of Common Pleas.

And this attested Copy of the Declaration and Summons, indorsed & signed as aforesaid, for all which the Clerk of the Court shall receive from the Plaintiff the Sum of Six Pence & no more, where the Original Declaration shall be produced & delivered to him, and the Sum of One Shilling & no more where he shall make out the same himself at the desire of the Party shall be delivered to the Plaintiff or Plaintiffs, or his, her or their, Agent or Agents, who shall convey, or cause the same to be conveyed, to one of the Bailifs of the Parish in which such Defendant resides, who is hereby authorized and required to serve the same upon the Defendant, personally if he can be found, or otherwise upon his Wife, Son, Daughter, Servant, or other grown person at his the said Defendant's Dwelling House or usual Place of Abode, & at the same time to shew him, her, or them, the attested Copy of the Declaration, with the Writ of Summons annexed, & to acquaint him, her or them, with the Contents thereof, & to leave a Copy of the same at the said House, & the Bailif serving such Process as aforesaid is hereby further authorized & required to attest the said Service at the foot of the said Writ of Summons, together with the day and time of serving the same, according to the following form.

I, G. H. Bailif of the Parish of      did on      day of      personally serve the within named Defendant with the Copy of the Declaration & Writ Summons annexed, by shewing him the same & acquainting him with the Contents thereof, or by leaving a Copy of the same, & acquainting him with the Contents thereof, or by leaving a Copy of the same at his house with      the      of the said Defendant, such       being of the Age of      or thereabouts.

And this Copy of the Declaration, Writ of Summons, & Certificate of the Service so made by the Bailif shall be delivered by him to the Plaintiff if thereto personally required by the Plaintiff himself who shall pay the Bailif for the service & Attestation aforesaid, the Sum of one Shilling & no more, which Sum of one Shilling, together with the Charges of issuing and returning such Process shall be allowed him in his Costs in Case he shall obtain Judgement against the said Defendant in the Action but in case the said Plaintiff shall not personally demand the Custody of the said Process after such Service and Attestation as aforesaid then the Bailiff so serving and attesting the same shall forthwith return the same to the Court of Common Pleas from whence such Process issued who shall direct the Costs of returning the same together with the Fee of one Shilling for the Service and Attestation thereof to be paid to the said Bailiff, by the Defendant if he shall be condemned in the Action or by the Plaintiff if he shall discontinue or otherwise fail in the proof of the Matter contained in his Declaration.

And it is further ordained and declared by the Authority aforesaid that if any Defendant after having been duly summoned as aforesaid shall refuse to pay the said debt and shall not appear either by himself or Agent before the Court at the time and Place mentioned in the said Writ of Summons it shall and may be lawful for the Judge or Judges of the said Court upon View of the Certificate of the said Bailiff or other due proof of the Service of the said Writ of Summons in manner aforesaid to hear the Cause on the part of the Plaintiff only and to make such Order Decree or Judgement and to award such reasonable Costs of Suit as to him or them shall seem most agreeable to Equity and good Conscience and if upon the day of the Return of such Writ, or on such other day as shall be appointed by the Court for the hearing of the Cause the Defendant so summoned as aforesaid shall appear either by himself or his Agent, and the Plaintiff shall not appear either by himself or his Agent, or appearing shall not prosecute or prosecuting shall fail in the proof of the Matter contained in his declaration that then upon due proof that such Defendant was served with such process it shall and may be lawful to and for the Judge or Judges of the said Court to dismiss the said Defendant and decree and award him such Costs as in his or their discretion shall seem meet and also to award Execution against the said Plaintiff for Recovery and levying thereof in the same manner as other Executions are hereby directed to be awarded against the Defendant where the Plaintiff shall obtain Judgement in the Action.

Provided always and it is hereby further ordained and declared by the Authority aforesaid that no Execution shall be awarded against any Defendant until the next Court day after that on which Judgement shall have been given in the Action to the intent that the Party may have time to satisfy such Judgement by paying the Debt and Costs into the hands of the Plaintiff or Plaintiffs, his her or their Agent or Agents or to the Clerk of the Court who is hereby authorized and required to receive the same for such Plaintiff or Plaintiffs for his her or their use unless it shall be made to appear to the Court pronouncing such Judgement that the Defendant or Defendants is or are preparing to leave the District or otherwise to defeat the Plaintiff or Plaintiffs of the Effect of his her or their Judgement in which Case it shall and may be lawful for the Court pronouncing such Judgement to award Execution immediately but in default of such Payment as aforesaid it shall and may be lawful for the Court pronouncing such Judgement on the Friday next ensuing the said Judgement to award Execution under their Hand and Seal directed to the Head Bailiff of the parish in which the Defendant resides or to some other discreet Person dwelling in or near the said Parish whom the Court shall nominate for that purpose and which they are hereby authorized to do commanding him to levy the debt and Costs together with his fees for levying the same and returning the said Writ (which &ca shall be expressed in the Warrant of Execution) out of the Goods and Chattels belonging to such Defendant only with an express Reservation therein contained of his the Defendant's Beasts of the Plough, Implements of Husbandry Tools of his Trade and one Bed and Bedding unless the other Goods and Chattels of such Defendant shall prove insufficient in which Case such Beasts of the Plough Implements of Husbandry and Tools of his Trade shall be sold but not the Bed and Bedding. And the said Bailiff or other Person to whom such Writ of Execution shall be awarded shall before he proceeds to do any thing therein give Notice at the Church door of the Parish wherein such Writ is intended to be executed immediately after divine Service both Morning and Evening on two successive Sundays next after the coming of the said Writ of the day and time appointed for the Sale of the Defendant's Goods on which day he shall proceed to sell the same to the highest Bidder and for the most Money he can get untill he shall have raised sufficient to discharge the whole of the said Writ of Execution after which if any Goods or Effects remain in Execution the same shall be immediately restored to the Defendant.

Provided also and it is hereby further Ordained Enacted and Declared that it shall and may be lawful for any Judge or Judges issuing or awarding any Writ of Execution in Matters where the Cause of Action shall not exceed the Sum of Ten pounds sterling Money of Great Britain upon due proof before him or them made of the distressed Circumstances of any Defendant or Defendants in any Action to indorse upon the same his or their Order to the Bailif or other Person as aforesaid commanding him to levy and raise the Sum for which the Writ is awarded by Installments in such proportions and at such days and times as to him or them shall seem meet.

Provided nevertheless that the whole of the Time so allowed and given shall not exceed the space of three Months from the day of the date of awarding such Writ of Execution.

And if it shall appear upon due proof thereof made before the Judge or Judges issuing and awarding such Execution as aforesaid that the Defendant or Defendants hath or have at any time after the Service of any Declaration and Writ of Summons as aforesaid conveyed away or secreted all or any part of his or their Goods or Effects in order to defeat the Plaintiff or Plaintiffs of his or their demand then and in such Case it shall and may be lawful to and for the said Judge or Judges to award a Writ of Execution immediately against the Body and Bodies of such Defendant and Defendants directed to the Bailiff or other Person as aforesaid commanding him to arrest the said Defendant or Defendants and him or them to convey to the Common Gaol of the District there to remain till such Debt and Costs be fully satisfied or other Order be made by the said Court for his or their deliverance.

And it is further Enacted and Ordained that no Appeal whatsoever shall lie from any of the Courts of Justice in this Province for any Matter or Thing where the Cause of Action shall not exceed the Sum of Ten pounds sterling Money of Great Britain and where no Title to Land is in Question but the Sentence of every such Court in all Matters where the Cause of Action shall not exceed the Sum of Ten pounds and where no Title to Land is in Question as aforesaid shall be final and conclusive without any Appeal Revision or further Contestation before any other Court whatsoever.

And whereas many Parts and Places of the Province now in and advanced State of Cultivation and Settlement particularly the Forts of Michilimacinac and Detroit and the Settlements at Gaspée in the Bay of Chaleurs on the Coast of Labrador in some of which large Fisheries are established and in others a very extensive and profitable Trade is carried on are so great a distance from the Court of Common Pleas herein before established as to be in a Manner almost wholly deprived of the Protection Benefits and Advantages of their Jurisdiction and Authority.

And it being of the utmost Importance to the public Peace Order and good Government of the People the Security of their Property and the Maintenance of their just Rights and dues that Courts of Criminal and Civil Jurisdiction should be established in such Places.

It is further Enacted and Ordained That in and over a District or Territory to be taken out of the District of Quebec as herein before described comprehending the whole Township or Settlement of      & a Circumference of      Miles round the same it shall and may be lawful to and for His Majesty His Heirs & Successors from time to time to appoint one Sheriff to have a concurrent Jurisdiction with the Sheriff of Quebec to preside.

And it is enacted & ordained that for the due execution of the Laws & Administration of Justice within such Township, Settlement, & District thereunto annexed as aforesaid, there shall be established, & the same is hereby, & by the Authority aforesaid established, constituted and appointed one Court of Criminal and Civil Jurisdiction by the Name Style & Title of the Court of Kings Bench for the Township of      and the District thereof, to hear & determine in all Matters of a Criminal nature according to the Laws of that part of Great Britain called England, & the Laws, Orders & Regulations of the Province hereafter in that behalf to be made, and in all Civil Matters according to the Laws & Customs of Canada, as observed & used in the said Province before the Conquest thereof by His Majesty's Arms, & according to such Laws Ordinances & Regulations as shall from time to time be enacted by the Legislative Council of the same. Which Court, so constituted & appointed as aforesaid, shall be held before one Judge to be appointed by Commission under the public Seal of the Province by the Name Style & Title of Judge of the Court of King's Bench for the Township & District of      and one other Person by the Name of Assistant or Assessor to the Judge & Court of the Township and District of      which Assessor shall be present at every Court to sit with the Judge, & assist him with his Advice & Opinion in all Civil Matters as well of Law as Practise, but shall have no Authority or power to attest or issue any Process, or have any Voice, or give any Vote concerning any Order, Judgement, or Decree, or otherwise intermeddle with any of the Business of the said Court, than by giving such Advice & Opinion as aforesaid, which Judge so as aforesaid appointed, is hereby fully empowered & authorized to hear and determine all matters of a Criminal Nature, done, committed, or perpetrated within the Township & District as aforesaid; & the Offenders therein with their Accessories & Accomplices to imprison, try, convict, & punish, in as large and ample a manner, & according to the same rules & forms of proceeding within the Jurisdiction aforesaid as the Chief Justice of the Province may & of right ought to hear & determine, imprison, try, convict & punish in the Province at large in all Cases whatsoever; & also to have cognisance of Pleas, as well between His Majesty & His Subjects as between Party & Party whether Real, Personal or mixed, and the same to hear, adjudge & finally determine and also to award Costs between Party & Party, and otherwise to proceed according to the same forms, as well where the cause of Action shall exceed, as where it shall not exceed the Sum of Ten Pounds Sterling Money of Great Britain, in as full and ample a manner as any Judge or Judges of the Courts of Common Pleas at Quebec & Montreal hath, or of right ought to have the same, to hear, adjudge, determine & award.

Provided always, & it is hereby further enacted & ordained by the Authority aforesaid, that in all Cases of Treason, Murder, or other capital Felonys, it shall not be lawful to or for the Judge of such Township or District, nor shall he have any Power or Authority to try the same, but the said Judge is hereby commanded & required to send all Offenders therein, togehter with their Accomplices & Accessories, so soon as they shall be found, by Warrant under the Hand & Seal of such Judge, expressing the Crime for which such Offenders stand committed, to the Sheriff of Quebec who is hereby Authorized & required to receive such Offender or Offenders and him, her, or them to convey to the Jail of Quebec, there to remain till they be delivered by due Course of Law.

And such Judge of the Township and District of      as aforesaid shall bind over the Prosecutor of such Offender and Offenders together with the witnesses to Prosecute and give Evidence in the Court of Kings Bench to be held for the Province at large before the Chief Justice himself next after the Reception of such Offender or Offenders in the Goal of Quebec or at such day as the chief Justice shall appoint for the trial of the same. And such Judge of the Court of King's Bench for the Township and District of      shall hold a Court of Oyer Terminer and Goal delivery at      in and for the district of      at least four times in every Year that is to say one Court at or on some day in the Month of       one other Court at or on some day in the Month of      one other Court at or on some day in the Month of      and one other Court at or on some day in the Month of      and as much oftener as the Judge of such Court in his discretion shall think necessary and the State of the goal may require allowing allways fifteen days between the Teste and Return of the Precept for holding such Courts.

The same Courts with the same Powers to Missilimaconac, Detroit, Gaspée & the Illinois and such other places as shall be necessary At which days and times the Court shall sit and continue to sit till every Prisoner in the Goal shall be truely convicted or acquitted and discharged and the goal fully delivered unless the Court shall see cause to the contrary in which Case it shall be Lawfull for them to remand any Prisoner or Prisoners and put off His, Her or their Trial to the next Court.

And whereas it is expedient and Necessary that a Court of Civil Jurisdiction should be established for the hearing and determining appeals from the several Courts of Civil Judicature throughout the Province.

Be it enacted and it is accordingly enacted that from and after the Publication of this Ordinance the Governor & Commander in Chief of this Province for the Time being the Lieutenant Governor & in their absence the president of the Council which shall be the Chief Justice of the Province for the time being together with every other member of His Majestys Council shall be and they are hereby and by the Authority aforesaid constituted and appointed a Court of Civil Jurisdiction for the purpose of hearing and determining all appeals in Cause where the Matter in Dispute shall exceed the sum of Ten pounds or where any title to Land is in Question as aforesaid from any of the Courts of Civil Jurisdiction established in the Province.

And that all unnecessary delay may be avoided and speedy Justice done to the Parties in all such appeals it shall and may be lawfull and the Court of Appeals so establish'd is authorized and required to sit and hold a Session......times in every Year; That is to say One Session at or on some day in the Month of......And in all Cases of Appeals from any of the Courts of Civil Jurisdiction in this Province the Governor and Lieutenant Governor and in their Absence the Chief Justice of the Province as President of the Council together with other Members of the Council shall be and constitute a Court for the hearing & determining the same and their proceedings shall be as effectual and their determinations as final and conclusive as if every Member of His Majestys Council was present and gave his Vote in the same And when it shall happen at any time that the Court is divided in Opinion and there shall be the same Number of Voices for reversing as there shall be for confirming the Judgment of the Court below in such case the Governor Lieutent Governor, or other President of the Court over and above his Vote already given by Virtue of which such Equality has been formed shall have one other Vote or Casting Voice by which the Event of the Appeal shall finally be determined.

And It is further Enacted and ordained by the Authority aforesaid that as well the Original Writ for removing the Record out of the Court below as all other process shall be and issue in the Name of the King Tested by the Governor Lieutenant Governor or President of the Court only and by no other and such Original Writ may issue at any time upon Application of the Party and bear date as well out of Session as in returnable if out of session on the first or some other day of the next Session and if in Session on some day in the same or the first day of the next Session as the Governor Lieutenant Governor or President of the Court shall think proper. And that the Court may proceed to try the real Merits of every Appeal and not be confined solely to the Examination of Errors upon the face of the Record it shall be lawful for, and by the Authority aforesaid Power is hereby given to the said Court of Appeals to issue process to bring up not only the Original Record but all Papers and written Evidence of every kind produced by eihter party in the Court below and the Judges of the Court below shall also send up a List of the Witnesses who have been Examined in the Cause vivâ voce in order that the Court may reexamine them if they think proper and finally determine upon the true Merits of the Case.

And if the Court shall be of Opinion that the Judges of the Court from whence the Appeal is prosecuted have mistaken either the Law or the fact and have given Judgment for the Defendant in Error when in Truth it ought to have been given for the Plaintiff, in such Case it shall be lawfull for the Court, and they are hereby Authorized and impowered not only to reverse such Judgment of the Court below, but also to give such other Judgment and award such Costs as upon the whole face of the Proceedings and Examination of the Witnesses it shall appear to them ought to have been given and awarded by the Court below.

And it is further Enacted and Ordained that Judgment in this Court upon every Appeal where the Matter in dispute shall not exceed the Sum of five hundred pounds Sterling Money of Great Britain shall be final and conclusive to all Parties without further Examination Revision or Appeal whatsoever (reserving to the Parties an Appeal to His Majesty himself in Council in all Cases where the Matter in dispute shall exceed the Sum of five hundred pounds as aforesaid) and Execution shall issue thereupon to enforce the same out of this Court without remanding the Record upon any Occasion or sending it back to the Court below even in Cases where the Judgment of the Court below shall be confirmed.

And whereas Doubts may arise whether the Revival & Restoration of the Canadian Laws with Respect to real Property may not have restored the Seigneurial and other Courts established for the Regulation and Government of that Property as incident thereto.

It is further Enacted and Ordained that from the Publication of this Ordinance No Seigneur or Lord of any Seigneurie or fief shall either by himself or any Judge appointed by him hold any Court within or for any fief or Seigneurie whatsoever belonging to him or exercise either by himself or any other Person any Judicial Power or Authority whatosever within his Seigneurie but all such Powers And Authorities are hereby declared void any Grant Usage or Custom heretofore prevailing to the Contrary hereof in any wise Notwithstanding.

Endorsed:

Drat of Ordinance for establishing Courts of Justice in the Province of Quebec.


C.O. 42, Vol. 14, p. 28.

This is the full text of the proposed Ordinance draughted by Chief Justice Hey, and referred to in the despatch of Dartmouth to Carleton, 10th December, 1774, see p. 584 and footnote 2 on the same page. As stated by Dartmouth, it expresses "His Majesty's gracious Intentions with respect to the plan of Judicature that is to be established." Although, owing to the rapid development of the troubles in America, the Invasion of Canada, and the interruption of the functions of the Legislative Council from September, 1775, to January, 1777, the draught Ordinance did not become law, yet it is important in view of much subsequent controversy as to the intentions of the British Government and the effect of the Quebec Act, with reference to the measure of completeness with which the old French Civil Law and its machinery were to be restored in Canada. An outline of this proposed Ordinance is given in the Instructions to Governor Carleton, with reference to the establishment of Courts and the administration of the law, especialy in articles 12 to 15 inclusive. See pp. 599-600.

CARLETON TO GAGE.[28]

(Secret) (Copy)

Quebec 4th Feby. 1775.

Sir

As this goes by Lt. Cleveland of the 7th, I will venture to be more explicit about what you mention of the Canadians and Indians in your Letter[29] of the 25th Decr last, than I thought it prudent to do by Post, as one may naturally suppose, those, who seem resolved to force their Country into Rebellion, Jealous of the Correspondence, may intercept our Letters, to make themselves Masters of the Correspondence, and should those Disorders continue, as there is too much Reason to apprehend, I submit it to your Consideration, whether it may not be proper to send me a Cypher, for the greater Security of our Correspondence on Matters of a secret nature.

The Canadians in General have been made very happy by the Act passed in their Favor, all that have spoke, or wrote to me upon the subject, express the most grateful Sense of what has been done for them; I must not however conceal from Your Excellency, that the Gentry, well disposed, and heartily desirous as they are, to serve the Crown, and to serve it with Zeal, when formed into regular Corps, do not relish commanding a bare Militia, they never were used to that Service under the French Government, (and perhaps for good Reasons) besides the sudden Dismission of the Canadian Regiment raised in 1764, without Gratuity or Recompence to Officers, who engaged in our Service almost immediately after the Cession of the Country, or taking any Notice of them since, tho' they all expected half pay, is still uppermost in their Thoughts, and not likely to encourage their engaging a second Time in the same Way; As to the Habitants or Peasantry, ever since the Civil Authority has been introduced into the Province, the Government of it has hung so loose, and retained so little Power, they have in a Manner emancipated themselves, and it will require Time, and discreet Management likewise, to recall them to their ancient Habits of Obedience and Discipline; considering all the new Ideas they have been acquiring for these ten years past, can it be thought they will be pleased at being suddenly, and without Preparation embodied into a Militia, and marched from their Families, Lands, and Habitations to remote Provinces, and all the Horrors of War, which they have already experienced; It would give an appearance of Truth to the Language of our Sons of Sedition, at this very Moment busily employed instilling into their Minds, that the Act was passed merely to serve the present Purposes of Government, and in the full Intention of ruling over them with all the Despotism of their ancient Masters. — 

It may be further observed, that the Act is no more than the Foundation of future Establishments; that the new Commissions and Instructions, expected out, are not yet arrived, and that the Dissolution of the present Constitution, if it deserves the Name, and Establishment of the new one, are still at some Distance; at that Period, upon the first of May, every Civil Regulation, at present existing, is annihilated, and the whole to be cast into a new Form, a Work that must necessarily be attended with some Difficulty, and will require Time, Consideration, and great Prudence, for which it is not in our Power to prepare, untill the final Determination of the Ministry upon all these Matters is known;[30] had the present Settlement taken Place, when first recommended, it would not have aroused the Jealousy of the other Colonies, and had the appearance of more disinterested Favor to the Canadians; many Advantages might have resulted therefrom at this Juncture, which must now be deferred to a more distant occasion — 

Since it could not be done before, this would prove a fair opportunity for raising a Battalion or two of Canadians; such a measure might be of singular Use, in finding Employment for, and consequently firmly attaching, the Gentry, to our Interests, in restoring them to a significance, they have nearly lost, and through their Means obtaining a further Influence upon the Lower Class of People, a material Service to the State, besides that of effectually securing many Nations of Savages — 

As to the Indians, Government having thought it expedient to let Matters go in that channel, I have ever considered the late Sir Wm Johnson,[31] to whom, I suppose, Colonel Guy Johnson succeeds, as having their Political Concerns under his immediate Direction, with which I never interfered further, than their Commercial Interests, or the private Property, they possess in the Country, required, and upon this Principle Major Campbell's Commission was granted; however, if I am not greatly deceived in my Intelligence, not only the Domiciliés of the Province, but all the neighbouring Indians are very much at your Disposal, whenever you are pleased to call upon them, and what you recommend shall be complied with — 

Left to my own Speculations in this retired Corner, without Intelligence of what passes in Europe till very long after the Event, and from a knowledge of the present Continental Transactions only, I entertain no Doubt, our Army is by this Time augmenting, and that as soon as the Navigation opens, some Troops from Britain will be sent up this River, and in my Opinion, it should not be an inconsiderable Force; if we are to have a French War, this Corps will become indispensably necessary here, if not, it might effectually second your Intentions, prevent much Effusion of Blood and Treasure, and procure the speedy Decision of a Contest, rendered more dangerous by every Moment's Delay; the Strong easily find Friends, and no Doubt they might readily procure a Multitude of excellent Guides, who would lead the Way on any Service you should think right to direct —  — &ca

(Signed)

GUY CARLETON

(a true Copy)

H. T. CRAMAHÉ

His Excy General Gage

Endorsed: — Copy, of a Letter from Genl. Carleton to Genl. Gage, dated

Quebec 4th Febry 1775.

In Lieut. Governor Cramahé's Letter of the 9th Novr


Canadian Archives, Q 11, p. 290. Gen. Gage had arrived in Boston on May 13th, 1774, in the double capacity of Governor of Massachusetts and Commander in Chief of the British forces in North America. Upon him, therefore, rested the duty of carrying out the repressive measures enacted by the Home Government, such as the "Port Act," the "Regulating Act," the "Quartering Act," &c. The troubles which culminated in a rising of the people in Sept. induced Gage to call for more troops. He therefore, as we have seen (p. 582), not only summoned two regiments from Quebec, but enquired as to Carleton's ability to send him a body of Canadians and Indians to assist in suppressing the colonists.

This letter has not yet been found among the State Papers.

The Quebec Act was to come into force on May 1st, 1775. As indicated above, there was not time before that date, to prepare the necessary legal machinery of courts, etc., for the radical reversion from the English to the French system of law. Accordingly, on the 26th April, 1775, Carleton issued a proclamation stating that under existing conditions, and with the authority of his commission as Governor, "I have constituted and appointed Adam Mabane, Thomas Dunn, John Fraser and John Marteilhe, Esquires, as His Majesty's Justices of the Courts of Common Pleas for the Districts of Quebec and Montreal in this Province; and Hertel Rouville of Montreal, and John Claude Panet of Quebec, Esquires, or any two or more of them, to be from and after the said first Day in May next ensuing, during Pleasure, or until proper Courts of Judicature can be established in the said Districts, Conservators of the Peace throughout the same, with all necessary Powers and Authorities for that and other the purposes aforesaid, to be done and executed According to Law; and further, from and during all the time aforesaid, to the Commissioners for suing Civil Process, and causing the same to be executed in the said District, in such Manner as the Law directs and by their Commission is appointed." By the same commission he also continued in office the former bailiffs of the Districts of Quebec and Montreal. The proclamation was published in the Quebec Gazette of April 27th, 1775.

Sir Wm. Johnson, having early settled on the Mohawk river above Albany, and having acquired, through trade and the French wars, an unusual influence over the Iroquois Indians, had been appointed Superintendant of Indian Affairs for the Northern Division. He died on July 11th, 1774. Col. Guy Johnson, his nephew and son-in-law, who had also served in the war for the conquest of Canada, had been appointed Sir Wm. Johnson's deputy in 1762 and named as his successor. On Sir William's death he continued for a time as Indian Agent; but his conduct of the office was not very satisfactory and later he was superseded by his cousin Sir John Johnson, son of Sir William. In 1775 this position of Superintendant of Indian Affairs was conferred upon Major John Campbell.

DARTMOUTH TO CARLETON.[32]

Whitehall 7th June 1775.

Governor Carleton

Sir,

I have recd your Dispatch of the 13th of March,[33] No 9, and have laid it before the King.

The Enemies of the Constitution appear to be unwearied in their Endeavours to convey every Misrepresentation that may have the Effect to weaken the Hands of Govt, and to encourage Faction & Discontent. It is hoped, however, that the Firmness of the present Parliament, in Support of the Measures which the last Parliament thought fit to adopt for America in general, and for regulating the Government of Quebec in particular, will have the Effect to quiet the apprehensions, and remove the Prejudices which ill designing Men have so artfully endeavoured to create.

The Attempt made to raise new Difficulties to Govt on the ground of the Petitions from the old Subjects in Quebec, was supported by the whole Strength of Opposition:[34] — how little Impression it made within Doors, will best appear from the great Majority in both Houses against the Proposition that was moved upon those Petitions; and I have the Satisfaction to assure you, that it met with no greater Encouragement without Doors, and that, to all appearance, the People of England, in general, concur in the Measures which have been adopted for America.

I have also the Satisfaction to acquaint you, that an Account published here of a Skirmish between the King's Troops and the Provincials, in the Neighbourhood of Boston, of which, however we have received no Intelligence from General Gage, has had no other Effect than to increase that just Indignation, which every Friend to Government feels, for the Insult offered to the Constitution, in the rebellious Resistance to the Authority of Parliament, by the People in North America.

I am &ca

       DARTMOUTH.


Canadian Archives, Q 11, p. 145.

In this Carleton referred to the continued agitation of the British element against the change in the system of government introduced by the Quebec Act; he referred also to the circulation of a printed translation of the letter addressed to the Canadians by the Continental Congress at Philadelphia; Minutes of the Council were likewise enclosed. See Q 11, p. 129.

Referring to the motion made In Parliament during the session of 1775 for the repeal of the Quebec Act.

CARLETON TO DARTMOUTH.[35]

Montreal 7th June 1775.

My Lord! The 19th of last Month in the Evening, I received Intelligence from General Gage by Sea of the Rebels having commenced Hostilities in the Province of the Massachusets, and Requesting I would send the 7th Regiment with some Companies of Canadians and Indians to Crown Point, in order to make a Diversion, and favour his Operations.

The next morning, Captain Hazen arrived Express at Quebec, and brought me an Account, that one Benedict Arnold said to be a native of Connecticut, and a Horse Jockey, landed a considerable Number of armed men at St. John's, distant from this Town eight Leagues, about eight in the Morning of the 18th, surprised the Detatchment of the 26th doing Duty there, consisting of a Serjeant and ten Men, and made them Prisoners, seized upon The King's Sloop, Batteaus, and every other Military Store, and a few Hours after departed, carrying off the Craft, Prisoners, and Stores they had seized.

From this Party We had the first Information of the Rebels being in Arms upon the Lakes, and of their having, under the Command of said Arnold, surprised Ticonderoga, Crown Point, the Detatchment of the 26th doing Duty at these two Places, and all the Craft employed upon those Lakes; Arnold told Captain Hazen, He had for that Purpose received a Commission of Colonel from the Congress of the Massachusets, with the Command of five hundred Men, that Volunteers to the Amount of fifteen hundred followed him, but he did not wait for them all.

The same Evening another Express brought an Account of the Rebels having landed at St. John's a second Time, in the Night between the 18th and 19th, this Party was said to be three hundred strong, and that nine hundred more were at the Isle aux Noix; this second Party however was not near so numerous as at first reported, and most probably would have been cut off by a Detatchment of one hundred Men from the 26th Regiment, under the Command of Major Preston, had they not been advised of the March of the Troops by one Bindon a Merchant of this Town, upon which they crossed the Sorel, and were fired at by the Troops, as they went down the River.

While this Party, Commanded by one Ethan Allen, said to be outlawed in the Province of New York, remained at St. John's, He sent a Letter by this same Bindon, addressed to one Morrison and the British Merchants of Montreal Lovers of Liberty, demanding a Supply of Provisions, Ammunition, and spirituous Liquors, which some of them were inclined enough to furnish, had they not been prevented.

The little Force we have in the Province was immediately set in Motion, and ordered to assemble at or near St. John's; The Noblesse of this Neighbourhood were called upon to collect their Inhabitants, in order to defend themselves, the Savages of those Parts likewise had the same orders; but tho' the Gentlemen testified great Zeal, neither their Entreaties or their Example could prevail upon the People; a few of the Gentry, consisting principally of the Youth, residing in this Place, and it's Neighbourhood, formed a small Corps of Volunteers under the Command of Mr. Samuel Mackay, and took Post at St. John's; the Indians shewed as much Backwardness as the Canadian Peasantry.

The Consternation in the Towns and Country was great and universal, every Individual seemed to feel our present impotent Situation, for tho' in no Danger of internal Commotions, we are equally unprepared for Attack or Defence; Not six hundred Rank & File fit for Duty upon the whole Extent of this great River, not an armed Vessel, no Place of Strength; the ancient Provincial Force enervated and broke to Pieces; all Subordination overset, and the Minds of the People poisoned by the same Hypocrisy and Lies practised with so much Success in the other Provinces, and which their Emissaries and Friends here have spread abroad with great Art and Diligence; had it not been for those few Troops, three hundred Rebels might have procured all the Arms, Ammunition, and Provisions, this Province can afford, and have kept Post at St. John's with great Security.

We are at present fortifying a Post there and at Oswegatchie, tho' there are other Avenues into the Province, I hope the above may be made sufficiently strong to resist any sudden Attack of this Sort; a considerable Force here might not only secure ourselves, but assist General Gage in extinguishing the Flames of Rebellion in the other Provinces more speedily, I fear he has none to spare, and it may be too late in the year to have them from Europe, however I shall see what in our present Situation is further practicable for The King's Service.

Within these few Days the Canadians and Indians seem to return a little to their Senses, the Gentry and Clergy have been very useful upon this Occasion, and shewen great Fidelity and Warmth for His Majesty's Service, but both have lost much of their Influence over the People; I propose trying to form a Militia, and if their Minds are favourably disposed, will raise a Battalion, upon the same Plan as the other Corps in America, as to Numbers and Expence, and were it established, I think, it might turn out of great public Utility; but I have many Doubts whether I shall be able to succeed.

These Measures, that formerly would have been extremely popular, require at present a great Degree of Caution and Circumspection; so much have the Minds of the People been tainted by the Cabals and Intrigues, I have from time to time given Your Lordship some Information of, I am as yet uncertain whether I shall find it advisable to proceed in the aforementioned Undertaking; to defame their King and treat him with Insolence and Disrespect, upon all Occasions to speak with the utmost Contempt of His Government, to forward Sedition and applaud Rebellion seem to be what too many of His British American Subjects in those Parts think their undoubted Right.

For my Part since my Return to this Province, I have seen good Cause to repent my having ever recommended the Habeas Corpus Act and English criminal Laws; these Laws, now used as Arms against the State, require more public Virtue, and greater Fidelity to their Prince, than is generally to be met with amongst the set of People here, that take the Lead upon all Occasions; To render the Colony of that Advantage to Great Britain, it certainly is capable of, would require the reintroducing the French Criminal Law, and all the Powers of it's Government.[36]

Our Communication with the other Provinces being entirely stopped, we run a Risk of being at a great Loss for Money, to defray the ordinary and extraordinary Expences, the Service here must be attended with, The Money Contractors, as well as Trade, at this Time of the Year, being used to procure large Supplies of Cash from New York and Philadelphia, with which Places We have at present no Intercourse; if fifteen or twenty thousand Pounds were sent here as soon as possible, it would be of great Use to Government, which must lose considerably by the present low course of Exchange, likely to fall every Day; could it be procured in Dollars, and some Part in small silver, the same would prove highly beneficial to this Country, where that species is become extremely scarce.

I am with much Respect and Esteem

      Your Lordship's

            Most Obedient and

Most Humble Servant

                  GUY CARLETON

Earl of Dartmouth

One of His Majesty's

Principal Secretaries

of State.

8th June

P. S. Since I wrote the above, I find the Rebels are returned, and have taken Post near to St. John's, and there have The King's Sloop and Major Skene's Schooner well armed, with several Bateaus; tho' I have not as yet been able to procure exact Accounts of their Numbers or Intentions, I have Reason to believe from the imperfect Information already received, they are more in Number than upon their former Incursions.

G. C.


Canadian Archives, Q 11, p. 184. This despatch gives Carleton's account of the attack on Canada as the sequel to Gage's operation at Boston. It reveals also the surprising extent to which the general body of the French Canadians had adopted British ideas of personal liberty during ten years of British law and administration, as shown in their refusal to submit once more to the feudal authority of the noblesse under the restoration of the French system by the Quebec Act. Many documents of the period in addition to the few samples given, deal with this important crisis in Canadian government.

Two days later, June 9th, before leaving Montreal, Carleton Issued a proclamation setting forth that rebellion had broken out in some of the neighbouring colonies, and that the province of Quebec had been invaded by rebels with arms and divers false and seditious reports "tending to inflame the Minds of the People and alienate them from His Majesty." In order to meet a situation which he considered beyond the power of civil law, "I have thought fit to issue this Proclamation, hereby declaring that, until the aforesaid good Purpose can be attained, I shall, in virtue of the Powers and Authority to me given by His Majesty, execute Martial Law, and cause the same to be executed throughout this Province, and to that End I shall order the Militia within the same to be forthwith raised;" The proclamation was published in the Quebec Gazette, June 15, 1775. It was also given in Maseres Additional Papers, p. 170.

CRAMAHÉ TO DARTMOUTH.[37]

Quebec 21st Sepr 1775.

My Lord!

I am sorry to transmit to Your Lordship the disagreable account of a disagreable Business, some time in the Beginning of this Month, upon News of the Rebel Army approaching, General Carleton set out for Montreal in great Haste; the 7th instant the Rebels landed in the Woods near St. John's, and were beat back to their Boats by a Party of Savages incamped at that Place; in this Action the Savages behaved with great Spirit and Resolution, and had they remained firm to our Interests, probably the Province would have been saved for this Year, but finding the Canadians in General averse to the taking up Arms for the Defence of their Country, they withdrew, and made their Peace.

After their Defeat the Rebels retired to the Isle aux Noix, where they continued till lately, sending out some Parties, and many Emissaries, to debauch the Minds of the Canadians and Indians, in which they have proved too successfull, and for which they were too well prepared by the Cabals and Intrigues of these two last years; We knew of their being reinforced, and very considerably, I suppose, as they appeared in Numbers near St. John's last Sunday Evening; where or when they landed, or the Particulars since, we have but very imperfect Accounts of, all Communications with the Forts of St. John's and Chambli, being, as far as I can find, entirely cut off.

No Means have been left untried to bring the Canadian Peasantry to a Sense of their Duty, and engage them to take up arms in Defence of the Province, but all to no Purpose; The Justice must be done to the Gentry, Clergy, and most of the Bourgeosie, that they have shewen the greatest Zeal and Fidelity to the King's Service, and exerted their best Endeavours to reclaim their infatuated Countrymen; some Troops, and a Ship of War or two, would in all likelihood have prevented this general Defection.

Some of the King's old Subjects have joined the Rebels, and it were to be wished all of them, inclined to that Cause, had done the same, we should be the safer for it, the Copy of an intercepted Letter from one of them is herewith inclosed[38]; some Canadians, I understand, are with the Bostonians upon every Road.

As the ship this goes by sails to-morrow very early, I have not time to enter into particulars, Lt. Col. Maclean with about eighty of his new raised Corps, and twenty of the Fusileers, besides a Militia composed of the Inhabitants of the Town, is all that we have to repair it's Breaches, and defend it; General Carleton, who is still at Montreal, has not received a Line from Your Lordship since the 15th of April, or from General Gage since the 3rd of July last.

I have the Honor to be with great Respect

My Lord!

Your Lordship's

Most Obedient and

Most Humble Servant

      H. T. CRAMAHÉ.

 

Earl of Dartmouth

One of His Majesty's

Principal Secretaries

of State.


Canadian Archives, Q 11, p. 249. This and the succeeding letter from Chief Justice Hey give two other versions of the quite unexpected sequel to the Quebec Act. In the meantime Lord Dartmouth was fully relying upon Carleton's previous assurances of what could be expected from Quebec in support of the British interests on the continent, if only the French laws and system of government were re-established and the noblesse and clergy restored to their former ascendancy. Hence, when the crisis was precipitated at Boston, he wrote to Carleton, July 1st, 1775, saying that "the King relies upon the Loyalty & Fidelity of His Canadian Subjects for their Assistance to suppress Rebellion, and it is His Majesty's pleasure that you do, if you see no objection, immediately upon the Receipt of this Letter take the proper Steps for raising a Body of 3,000 Canadians in such form & manner as you shall judge most proper, to act as Light Infantry, either in a separate Corps, or In conjunction with His Majesty's other Troops, as shall, upon consulting Genl Gage, be thought most expedient." Q 11, p. 152. On receiving still worse news from Gage, Dartmouth writes again to Carleton, on the 24th of July, "and it having been judged proper, upon a consideration of these Despatches that the number of Men to be raised in Canada, should be double what was first proposed, It is His Majesty's Pleasure that instead of 3,000 Men which you were authorized to raise by my Letter of the 1st of July, the number to be raised be 6,000, and I have accordingly given directions for an additional supply of Arms, Cloathing, & Accoutrements in proportion." Q 11, p. 182.

This letter, which was in French, was signed by Jas. Livingston, who had come originally from New York State and who was a grain merchant living on the Sorel. See Q 11, p. 252.

CHIEF JUSTICE HEY TO THE LORD CHANCELLOR.[39]

Quebec Aug. ye 28th 1775.

My Lord

Since I had the honour of writing to your Lordship soon after my arrival here, by Captn. Brash, The affairs of this Province are so far in a better train as the apprehensions of any decisive invasion from the Garrisons of Crown Point and Ticonderoga seem to be removed by the lateness of the season, and an appearance of less alacrity on their Part for a business of that sort than they shewed a month ago, or when I dispatched my other Letter to your Lordship. Whether this arises from the fears which the Congress may have entertained of opening the wound they have given the Mother Country too wide to admit of being closed by treaty, or from those of Individuals in the danger of the attempt, I am at a loss to determine, & can only say, that, from some cause or other, the Expedition appears to be suspended, if not wholly abandoned, & unless they mean to take advantage of the winter when they may pass the Lake upon snow shoes, I should think the latter the most probable.

I could hardly expect to find credit with your Lordship for what I asserted of the backwardness of the Canadians when the situation of things here, made it necessary for Gen. Carleton to declare Martial Law, and call upon the Militia to turn out in defence of the Province;[40] unhappily! every day furnishes too many instances of it, and gives me an Idea of the real character of the Canadians very different from what I used to entertain, and constantly represented to your Lordship whenever I had occasion to speak of them. Your Lordship will remember how much has been said by us all of their Loyalty, obedience & Gratitude, of their habitual submission to Government, & their decent civil & respectfull demeanour to those who had the conduct of it, but time and accident have evinced that they were obedient only because they were afraid to be otherwise & with that fear lost (by withdrawing the troops) is gone all the good disposition that we have so often and steadily avowed in their names & promised for them in ages to come. Yet I am sometimes willing to think that fear, joined with extreme ignorance and a credulity hardly to be supposed of a People, have been overmatched by the subtilty & assiduity of some Colony agents who were very busy here last winter, & that they are not at bottom an ungenerous or disobedient People. That temperate management and gentle methods of persuasion and instruction may yet bring them to a sense of their duty & indeed their interest, & when they are made to understand that the true point of fear should be that of sitting still & not putting themselves into a state of defence, they will take arms not only for their present defence, but when supported by a body of the Kings troops be ready for any offensive Service that the times may demand; which in my poor opinion who pretend to nothing less than military knowledge, would strike more terrour into the Colonies than Gen. Gage's army doubled or trebled at Boston, where from the nature of the Ground & a thousand other circumstances there can be little hopes of making any decisive impression. But be that as it may, your Lordship who has indulged me in a freedom of expressing my thoughts with respect to this country upon points of less importance will forgive me upon one which appears to me so essential, tho it should happen to be a little out of my Line & fall more immediately within that of another to whose circumspection however & Judgement I pay the utmost deference, I mean the Governour's.

It appears to me that while England has a firm hold of this Country, which a good Body of troops & nothing else will give her, her cause with the Colonies can never be desperate 'tho' she should not have an inch of ground in her possession in any one of them, from this country they are more accessible, I mean the N. England People, (Paradoxical as it may seem) than even from Boston itself, & I believe it to be as true as any thing can be that has not been reduced to absolute proof that the Colonies without the assistance of England, would have been reduced from North to south by this Province in the last war. They thought so themselves, & the Pains they have taken to keep the Canadians quiet which a good appearance of troops from England would soon remove, convince me that they are in dread of it at this hour, and I do most firmly believe that if the army at Boston was removed here ready to begin its operations from hence in the spring & the fleet continued (if that could be done) to block up their ports & prevent their trade, it would have a better effect & produce terms of accommodation more likely to be received than any other method that could be adopted, except that of pouring in the whole strength of G. Britain by sea & land & carrying destruction & Ruin thro' every accessible part of the Provinces. If this be so & there is any thing like truth in this observation what a melancholy thing it is to reflect in what a precarious situation this province stands by being deprived of the few Regiments we had here before these troubles broke out, so much so that the very preservation of it in the interest of the Crown depends more upon our Enemies than ourselves. we have hardly 500 men at St. Johns the most obvious pass to defend & are obliged to leave many others intirely neglected, & from what we have had occasion to see of the Canadians very little dependance is to be had upon them. They are terrified or corrupted to a degree that your Lordship can have no Idea of, & are impressed with the strangest ideas that ever entered into the minds of men. Sometimes they believe they are to be sent to Boston and nothing can persuade them that a few transports which are waiting for Provisions, are not lying in wait to receive them, at other times they are told that the People of Boston are fighting merely to prevent the return of the stamps, which they seem to think a matter of great Politeness & do not wish to see them disturbed in so good a work. Some amongst them believe they are sold to the Spaniards (whom they abominate) & that Gen. Carleton has got the money in his Pocket, in short such a mixture of ignorance fear credulity perverseness & Prejudice never yet I believe took possession of the human mind or made it more difficult to know what to do with them. in this situation it will readily occur to your Lordship that our only object at present is to keep these Ruffians from invading us in the course of the winter, & wait 'till better & more sober times for the Establishment of the Country under the new Act of Parliament. And yet something of that sort at least in a temporary way must be done and is indeed in agitation at present, in the course of which as far as it has gone it is wonderfull to observe as great an instance of folly & strange infatuation amongst the Canadians as in the article of the Militia. what will be your Lordships astonishment when I tell you that an act passed for the express purpose of gratifying the Canadians & which was supposed to comprehend all that they either wished or wanted is become the first object of their discontent & dislike. English officers to command them in time of war, & English Laws to govern them in time of Peace, is the general wish. the former they know to be impossible (at least at present) & by the latter if I understand them right, they mean no Laws & no Government whatsoever — in the mean time it may be truly said that Gen. Carleton had taken an ill measure of the influence of the seigneurs & Clergy over the lower order of people whose Principle of conduct founded in fear & the sharpness of authority over them now no longer exercised, is unrestrained, & breaks out in every shape of contempt or detestation of those whom they used to behold with terror & who gave them I believe too many occasions to express it. And they on their parts have been and are too much elated with the advantages they supposed they should derive from the restoration of their old Priviledges & customs, & indulged themselves in a way of thinking & talking that gave very just offence, as well to their own People as to the English merchants. The little I have seen of them in Council gives me no Idea of their Abilities or moderation inflexible to any arguments either of expediency or Justice they will admit no alteration in their antient Laws particularly in the article of commerce which I insist upon, & believe shall carry in favour of the English merchants, with whom almost the whole trade of the country lyes, & which without them was & without them will continue except in a very few articles & those to no extent, a country of no trade at all in short & to relieve your Lordship from this unpleasant prospect of things in detail, Let me say in general that this country affords as gloomy an one in point of security & in the ill humours & evil dispositions of its inhabitants, to one as anxious as I hope I am for the prosperity of my own deeply interested in this, as can be imagined. For the share I have been made to take in it, tho' the most distant from my wishes I repent not but on the contrary will much rejoyce if I shall be found to have been an instrument in preventing a still more ruinous state of things, or may be made the means of restoring them to a better. That is at present all my consolation in an office to which I find myself as little equal as I am inclined, & from which I will expect of your Lordships bounty (I had allmost said Justice considering the great weight your Lordships recommendation had in sending me a second time hither) an honourable & decent retreat. in your Lordships own department I neither expect nor desire it, such of the Employments in your Lordships disposal as require legal ability to fill them I am unequal to in every light, & to those that do not, there must be so many that have better Pretensions to your Lordships favour, indeed there can be none that have less, I do not presume to request. I will hope however for your Lordships general Protection & Countenance & will trust that you will concurr with the rest of his Majestys Ministers in thinking that ten years honest, however imperfect, Endeavours to serve the Crown in an unpleasant & something critical situation deserve to be compensated with moderate & reasonable means of Retirement which I should prefer to the first office of distinction or Profit that the Crown has to bestow.

In this hope I take my Leave of your Lordship desiring your Lordship will be so good as present my best respects to Lady Apsley & Miss Bathurst, & believe me with most perfect Esteem & Gratitude

Yr Lordships most obliged & most

      Obed. Hble Sert.

                        W. HEY.

P. S. It is I hope unnecessary for me to say that I would have executed your Lordships commission with respect to the Nut trees if I could have found an opportunity, but they are not the growth of this Province & your Lordship knows we have no communication with any other. I am told Lord Gage has trees of them of all sorts sent many years ago by his Brother the General from New York.

Septr 11th

I am sorry to be obliged to inform your Lordship that matters are much worse since I began this letter which I have not yet found an opportunity of sending No ship having sailed from hence to England during the Interval.

The Rebels are returned into this Province in great Numbers well provided with every thing & seemingly resolved to make themselves masters of this Province. Hardly a Canadian will take arms to oppose them & I doubt all we have to trust to is about 500 men & 2 small forts at St. Johns. Everything seems to be desperate & I cannot but fear that before this reaches your Lordship Canada will be as fully in the Possession of the Rebels as any other Province upon the Continent, I shall stay 'till every hope is gone which will I fear be but a short time.

Sepr 17th. The Rebels have succeeded in making Peace with the Savages who have all left the Camp at St. John's many of the Canadians in that Neighbourhood are in arms against the King's Troops & not one hundred except in the Towns of Montreal & Quebec are with us. St. John's & Montreal must soon fall into their hands — & I doubt Quebec will follow too soon. In this situation I hold myself in readiness to embark for England where I possibly may be of some use your Lordship will I hope agree with me that I can be of none here.

Endorsed: — Original Letter from Mr. Hay chief Justice of Quebec to the Lord Chancellor dated Augt. 20th Sepr 11 & 17th communicated by his Lordship 12th Novembr 1775.


Canadian Archives, Q 12, p. 203.

See note 1, p. 666.

COMMISSION FOR A COURT OF APPEALS[41]

Quebec, 1st August, 1776.

George the Third by the Grace of God of Great Britain France and Ireland King Defender of the Faith, and so forth.

To our Governor, our Lieutenant Governor, and our chief Justice of our Province of Quebec for the time being.

Know ye that we have though fit to constitute and appoint and by these presents, which are to continue and be in force only during our royal will and pleasure, we do constitute and appoint you, or either of you, together with the other Members of our Council of our said Province, for the time being, or any five of them /provided no Member thereof shall sit or vote in any Cause which he shall have already heard or given judgment in/ to be a Court of Appeals within our said Province, with Power to receive appeals from any Court of Civil Jurisdiction within the same in all cases where the matter in dispute shall exceed the Value of Ten pounds lawful Money of Great Britain, and to revise and examine all the proceedings in the Court appealed from, and receive and admit any new evidence that may be offered by either party, and to hear and determine all such Appeals, and pronounce final Judgment therein, and to put the same in Execution, with like Power and Authority as the Court from which the Appeal shall come, Saving always to all parties, who may think themselves aggrieved by any such Judgment, a right of Appealing to us in our Privy Council, in all cases where the Value of the matter in dispute shall exceed the sum of Five hundred Pounds of Lawful Money of Great Britain, or where the matter in question shall relate to the taking or demanding any duty payable to us, our Heirs or Successors, or shall concern any fee of Office, or annual rents, or other such like matter or thing, where the rights in future may be bound, though the immediate sum or Value appealed for does not amount to the Sum of Five hundred Pounds, or where the appeal shall be from any Judgment imposing any fine for any misdemeanour, where such fine shall exceed the Sum of One hundred Pounds of Lawful Money of Great Britain, Provided that in all such cases security be first duly Given by the Appellant or Appellants that he or they will effectually prosecute such appeal and answer the Condemnation, and also pay such costs and damages as shall be awarded by us in case the Judgment or Sentence of our said Court of Appeals shall be affirmed. We do nevertheless hereby give Power and Authority to our said Court of Appeals so constituted as aforesaid to put the Sentence or Judgment pronounced thereby in Execution, notwithstanding such appeal unto us in our Privy Council, in case good and Sufficient Security shall be first given by the Appellee, or Appellees, to make full restitution of whatever loss or damage the Appellant or Appellants shall sustain by means of such Sentence or Judgment, in case the same shall be by us reversed, and restitution awarded to the Appellant or Appellants. In Testimony whereof we have caused these our Letters to be made Patent and the Great Seal of our said Province to be hereunto affixed, and to be entered on Record in one of the Books of Patents in our Registers Office of Enrolments of our said Province, Witness our Trusty and welbeloved Guy Carleton our Captain General and Governor in Chief in and over our said Province, Keeper of our Great Seal of our said Province, Vice Admiral of the same, &ca. &ca. &ca. General and Commander in Chief of our Forces in our said Province and the Frontiers thereof, &ca. &ca. &ca. At our Castle of Saint Lewis, in our City of Quebec in our Province aforesaid the First day of August in the year of our Lord one thousand Seven hundred and Seventy Six, and in the Sixteenth year of our Reign.

By His Excellency's Command,

Counter Signed/GEO. ALLSOPP.      (Signed) GUY CARLETON.

I do Certify that the Commission above transcribed, is a true copy of the original upon Record in the office of Enrolments of the Province of Quebec.

GEO. ALLSOPP


Canadian Archives, Q. 12, p. 131.

COMMISSION FOR COURT OF CIVIL JURISDICTION.[42]

23rd July 1776.

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 welbeloved Adam Mabane, Thomas Dunn and John Claude Panet of our City of Quebec in our Province of Quebec in North America, Esquires, Greeting.

We reposing especial trust in your Loyalty, Integrity, Learning and Abilities, have thought fit to Constitute and Appoint and by these presents do Constitute and Appoint you the said Adam Mabane Thomas Dunn and John Claude Panet to be the Judges of a Court with Civil Jurisdiction within the District of Quebec in our Province of Quebec during pleasure only, hereby granting unto you or any two of you full power and Authority to take cognizance of and proceed in all civil causes and Complaints whatsoever and such civil causes and Complaints to hear and determine according to Law, with Power to sit and hold Courts for the Purposes aforesaid within the District aforesaid as often as occasion shall require, and to Correct and punish all Contemptuous Persons and Contemptuous absenters of themselves, and to promulge and interpose all manner of sentences and decrees and to put the same in Execution, together with all necessary Powers Jurisdictions and Authorities to put the same in Execution saving always the right of appealing to our Court of Appeals in our said Province, hereby committing unto you the said Adam Mabane Thomas Dunn and John Claude Panet our Power and Authority in and concerning the Premises, and we do further in our Name Command, and Firmly and Strictly charge all Justices, Justices of the Peace, Sheriffs, Marshalls, Keepers of all our Jails and Prisons, Bailiffs, Constables and all other our Officers and Ministers and faithful and liege Subjects in and throughout the said District of Quebec that in the Execution of this our Commission they be from time to time aiding and assisting, and yield obedience unto you in all things as is fitting under pain of the Law, and the Peril which will fall thereon.

Given at our Castle of Saint Lewis in our City of Quebec in our Province aforesaid, under the Great Seal of our said Province of Quebec, on the Twenty third day of July in the year of our Lord one thousand Seven hundred and Seventy Six and of our Reign the Sixteenth. Witness our Trusty and welbeloved Guy Carleton our Captain General and Governor in Chief in and over our said Province, Keeper of our Great Seal of our said Province, Vice Admiral of the same, &ca &ca &ca General and Commander in Chief of our Forces in our said Province and the Frontiers thereof, &c.a &ca. &ca.

(Signed) GUY CARLETON

By his Excellency's Command,

Counter Signed/ GEO: ALLSOPP

The foregoing Commission is a true Copy of the Original upon Record in the Office of Enrolments at Quebec.

GEO. ALLSOPP


Canadian Archives, Q 12, p. 124.

In a letter to Germain dated Quebec, 10th August, 1776, Carleton explains "As neither the Season or Circumstances of the Province, at this time, admit of calling together the Legislative Council, and establishing the Courts of Justice by Ordinance I issued a Commission for that Purpose in the Districts of Montreal and Quebec, and in the same manner have established a Court of Appeals: Copies of these Commissions are herewith inclosed," see Q 12, p. 119. This and the following are the commissions referred to. They mark the resumption of civil government in the province. On August 14th, 1776, the members and chief officials of the Council, together with a number of leading citizens, were appointed the first Justices of the Peace since the passing of the Quebec Act and the proclamation of Martial Law. See Commissions, etc., vol. I, 1760-80.

CARLETON TO GERMAIN.[43]

Chambli 28th Septr 1776.

My Lord

I have received Your Lordships letter of the 21st of June[44] and cannot but think myself highly honoured by the notice His Majesty is pleased to take of my Services, for which I shall allways remain very thankfull.

Your Lordship having expressed a "regret that I neither specified the actual force of the Rebels, nor communicated the Intelligence I received; nor the conjectures I formed relative to their intentions." Also that my "Silence as to my own intended operations, and the present disposition of the Canadians was much to be lamented because the ignorance in which I left you concerning these matters render[e]d it impossible for you to convey to me, for the present any further Instructions."[45]

*     *     *     *     *     *     *

As to my opinion of the Canadians, I think there is nothing to fear from them, while we are in a state of prosperity, and nothing to hope for when in distress; I speak of the People at large; there are among them who are guided by Sentiments of honour, but the multitude is influenced only by hopes of gain, or fear of punishment.

I have given my opinion so amply on the affairs of Canada, how much the Canadians may be depended upon, and under what circumstances they may be usefull, in former letters which lie in your Lordships office, that I must beg leave to refer you to them; particularly to one marked secret, I think it was wrote in 1769, to the Earl of Hillsborough;[46] also to copies of my Letters to General Gage in February 1775[47] — and early in 1767,[48] in which, and indeed in all my political letters, I had a war of this sort constantly in view, as your Lordship may perceive upon perusal, and have not now the least reason to change my opinion of these matters.

The second division of the Brunswick Troops[49] is arrived, except about half the Regiment of Specht, in the Vriesland Transport. They are on their march, and I expect their last Division will arrive at St. Johns about the middle of October.

I am my Lord

  with all due respect

    Your Lordships

      most obedient

        and most

          humble servant

            GUY CARLETON.

Lord George Germain


Canadian Archives, Q 12, p. 188. On Jan. 25th, 1776, Lord Geo. Sackville Germain succeeded Lord Dartmouth as Colonial Secretary, or Secretary of the American Department, as it was frequently named at that period.

Conveying the King's approval of his conduct and that of his officers and of the garrison, merchants and others in defending the town of Quebec against the attacks of the invading forces under Montgomery and Arnold. See Q 12, p. 44.

Here follow details of military plans and operations for maintaining the command of Lake Champlain.

This is evidently the letter of Nov. 20th, 1768, marked "Secret Correspondence," in which he points out the important position which Canada might occupy in maintaining British interests on the Continent if the Canadian noblesse, through whom the peasantry and the Indians might be secured, were restored to the influence and power which they held under the French system. See p. 325.

His recent letter of 4th Feb. 1775. See p. 660.

Referring to his letter of 15th Feb., 1767. See p. 280. This is to much the same purpose as that to Hillsborough in Nov., 1768.

In a note from George III to Lord North, 12th Nov., 1775, referring to the distribution of the German mercenaries to be employed in the colonies, the King says, "The Troops of the Duke of Brunswick shewed so much want of courage last war, that Carleton, who can have but a small number of British Troops, ought to have the Hessians." Letters of George III to Lord North in Lord Broughman's Statesmen of the Time of George III." Vol. I, p. 93.

CARLETON TO GERMAIN.[50]

Quebec 9th May 1777

My Lord!

I received by Captain Le Maistre, who arrived here with General Burgoyne in the Apollo the 6th instant, your Lordship's several Dispatches from No. 3. to No. 7. inclusive, Your seperate Letter of 26th March last, and the others from No 9 to No. 16 inclusive, with the annexed Papers.[51]

Inclosed herewith, I now transmit to Your Lordship the Ordinances, that have passed in the Session of His Majesty's Council, held here this last Winter;[52] these Ordinances have been framed upon the Principle of securing the Dependence of this Province upon Great Britain, of suppressing that Spirit of Licentiousness and Independence, that has pervaded all the British Colonies upon this Continent, and was making, through the Endeavours of a turbulent Faction here, a most amazing Progress in this Country; and in the Hopes of rendering Canada of Use to Great Britain by it's Military Strength, as well as by it's Commerce.

There is no Doubt, but the Canadians may again be reduced to that state of Deference and Obedience, which they formerly paid their ancient Government, tho' it must necessarily be the work of some time; untill it is firmly accomplished, it will require a Military Force to support the Civil Authority; the Noblesse, Clergy, and greater Part of the Bourgeoisie, in the Course of the present Troubles, have given Government every Assistance in their Power, and will greatly help in restoring a proper subordination,[53] without which all Regulations are vain; but this depends still more on Your Lordship's Office, and the King's confidential Servants at Home, without whose steady concurrence, all the Efforts of a Provincial Administration, for many years, must come to nothing.

Some of the British Traders here having taken up the Idea of a Chamber of Commerce, in place of Juries, a Plan was accordingly drawn up, which is herewith inclosed; the Militia Ordinance is to continue only for two Years by Way of Trial, and as an Essay towards training the Canadians to Obedience by Degrees, untill we have time to perfect a more solid and permanent system, if our present Tranquility continues uninterrupted, we shall be able next Session, I hope, to make a further Progress in the settlement of this extensive Province.[54]

With these Ordinances your Lordship will receive a Proclamation, prohibiting the Exportation of Cattle and live Stock for this Year, and of Corn, Flour, and Biscuit, untill our Victuallers arrive, and we can hear how His Majesty's Forces to the Southward, under the Command of Sir William Howe, are supplied.

We have no Parchment in the Province, or the Ordinances should have been transcribed thereon.

I am with all due Respect

    My Lord!

      Your Lordship's

   Most Obedient And

   Most Humble Servant

 

      GUY CARLETON

*     *     *     *     *     *     *

Lord George Germain

  One of His Majesty's Principal

      Secretaries of State.


Canadian Archives, Q 13, p. 96.

These despatches refer almost entirely to military matters. They will be found as follows: Nos. 3 to 7 in Q 12, pp. 84, 86, 88, 90, 92; Nos. 9 to 16 in Q 13, pp. 80, 81, 82, 83, 85, 87, 90 & 93. The separate letter of 26th March gives instructions as to the disposal of the troops sent to Quebec. Three thousand were to be retained in the Province and the remainder sent on two expeditions, one under Burgoyne and the other under St. Leger. That under Burgoyne was the famous expedition which met with disaster at Saratoga.

See list of Ordinances given below, p. 678.

There are numerous references in the documents of the period, to the strong objections which the general body of the French Canadians manifested at being subjected once more to the feudal control of the noblesse. Gen. Burgoyne, in a letter to Lord Germain, May 14th, 1777, says he finds it impossible to obtain much assistance from the Canadians, and this he attributes to two causes; "I believe principally to the unpopularity of their Seigneurs, & to the poison which the Emissaries of the rebels have thrown into their minds." Q 13, p. 108. Having made further complaints on the same score to Carleton and Germain, Carleton answers him, on the 29th May, in the following manner: — "The Desertion you give me Notice of in your Letter of 26th instant does not surprise me, it has been the same here, and was no more than what I expected; if Government laid any great Stress upon Assistance from the Canadians, for carrying on the present war, it surely was not upon Information proceeding from me, Experience might have taught them, and it did not require that to convince me, these People had been governed with too loose a Rein for many years, and had Imbibed too much of the American Spirit of Licentiousness and Independence administered by a numerous and turbulent Faction here, to be suddenly restored to a proper and desirable Subordination." Q 13, p. 222.

In another letter, of July 10th, 1777, to Germain, Carleton throws further light on this subject: — "That in the Beginning, I might not have the Disobedience of great Numbers to contend with, under many Disadvantages, a small Force in Arms was demanded of the Province for this Season, and agreable to their former Plan of Service; in Order to reconcile them by Degrees, to what under the French Government was deemed an indispensable Duty." He then refers to the more successful effort to raise an additional force by the volunteer system, and, in response to Burgoyne's request and Germain's expectation, he had ordered a Corvée of 500 men to follow the army. "Nevertheless Your Lordship will be pleased to observe, that these services are a considerable Burthen upon the People, and that after the Disuse of them for many years, it is not surprising, they should forget the Duty, to which they were bound by the Tenure of their Lands, and their original Government, Nor is it a Matter of Wonder, that after so many concurring Circumstances to destroy that Obedience, for which they formerly were remarkable and to encourage all Kind of Disrespect to the King's Authority in this Province, that I should meet with Difficulties in restoring those ancient Usages, without either Laws, Strength in Government, or even Your Lordship's Countenance as Minister, to assist me;" Q 13, p. 333.

ORDINANCES PASSED IN THE SESSION OF THE LEGISLATIVE COUNCIL OF QUEBEC THAT WAS HELD IN JANY, FEBY, MARCH, & APRIL 1777 — [55]

1. For Establishing Courts of Civil Judicature in the Province of Quebec.

2. To regulate the Proceedings in the Courts of Civil Judicature in the Province of Quebec.

3. For ascertaining Damages on protested Bills of Exchange, and fixing the Rate of Interest in the Province of Quebec.

4. For regulating the Markets of the Towns of Quebec and Montreal.

5. For establishing Courts of Criminal Jurisdiction in the Province of Quebec.

6. Declaring what shall be deemed a due Publication of the Ordinances of the Province.

7. To prevent the selling of strong Liquors to the Indians in the Province of Quebec, as also to deter Persons from buying their Arms or Cloathing, and for other Purposes relative to the Trade and Intercourse with the said Indians.

8. For regulating the Militia of the Province of Quebec, and rendering it of more general Utility, towards the Preservation and Security thereof.

9. For regulating the Currency of the Province.

10. Concerning Bakers of Bread in the Towns of Quebec and Montreal.

11. For repairing and amending the public Highways and Bridges in the Province of Quebec.

12. Empowering the Commissioners of the Peace to regulate the Prices to be paid for the Carriage of Goods, and the Passage of Ferries in the Province of Quebec.

13. For Preventing Accidents by Fire.

14. For preventing Persons leaving the Province without a Pass.

15. To empower the Commissioners of the Peace to regulate the Police of the Towns of Quebec and Montreal for a limited Time.

16. Concerning the Distribution of the Estates and Effects of Persons leaving the Province without paying their Debts.


This list of Ordinances — the first passed after the Quebec Act — was also enclosed in Carleton's letter of May 9th. Canadian Archives, Q 13, p. 103. Nos. 1, 2, & 5 are given in full below, pp. 679 et seq.

AN ORDINANCE FOR ESTABLISHING COURTS OF CIVIL JUDICATURE IN THE PROVINCE OF QUEBEC.[56]

(Copy.)

Preamble.

Whereas it is necessary to establish Courts of Civil Judicature for the speedy Administration of Justice within this Province; It is therefore Ordained and Enacted by His Excellency the Captain General, and Governor in Chief of this Province, by and with the Advice and Consent of the Legislative Council of the same, That,

Division of the Province into Two Districts.

Art. 1. For the Ease and Convenience of His Majesty's subjects residing in different Parts of this Province, the same shall be and hereby is divided into Two Districts, to be called and known by the names of Quebec and Montreal, which said Districts shall be divided and bounded by the River Godfroy on the South, and by the River St Maurice on the North side of the River St Lawrence.

Establishment of a Court of Common Pleas for each District; to sit one day at least in every Week, in matters exceeding £10 Sterling, & another day in matters of or under that Sum; except in Vacation Times.

Art 2. A Court of Civil Jurisdiction, to be called the Court of Common Pleas, shall be, and hereby is erected, constituted, and established for each of the said Districts, the one whereof shall sit at the City of Quebec, and the other at the City of Montreal, at least one Day in every week, for the decision of Causes in which the Value of the matter in Dispute shall exceed Ten Pounds Sterling; and another Day in every week for the Decision of Causes in which the matter in Dispute shall be of or under the Value of Ten Pounds Sterling, and shall so continue their Sittings throughout the whole Year, excepting Three Weeks at Seed Time, a Month at Harvest, and a Fortnight at Christmas and Easter, and except during such Vacations as shall be appointed by the Judges for making their Circuits Twice Every Year through their separate Districts. The said Courts shall have full Powers, Jurisdiction, and Authority, to hear and determine Rule of Decision. all matters of Controversy relative to Property and Civil Rights, according to the Rules prescribed by an Act of Parliament made and passed in the Fourteenth Year of the Reign of His Present Majesty, intituled, "An Act for making more effectual Provision for the Government of the Province of Quebec, in North America," and such Ordinances as may hereafter be passed by the Governor and Legislative Council of the said Province.

Two Judges necessary to make a Court.

Art 3. In matters above the Value of Ten Pounds Sterling, the Presence of Two Judges shall be necessary to constitute a Court of Common Pleas; the Decision of which Court shall be Their Decision to be final in matters under £10 Sterling except in certain Cases; and in matters above that value, Appeal to be to the Governor and Council, Giving good security. final in all cases where the matter in Dispute shall not exceed the Value of Ten Pounds Sterling, except in matters which may relate to taking or demanding any Duty payable to His Majesty, to any Fee of Office, or Annual Rents, or other such like matter or Thing, where the Rights in future may be bound, in which Cases, and also in all Matters that exceed the said Value of Ten Pounds sterling, an Appeal shall lie to the Governor and Council; provided Security be duly given by the Appellant, that he will effectually prosecute the same, and answer the Condemnation; as also pay such Costs and Damages as shall be awarded, in case the Judgment or Sentence of the Court of Common Pleas shall be affirmed.

The Governor and Council made a Court of Appeals.

Art 4. The Governor and Council are hereby erected and constituted a Superior Court of Civil Jurisdiction (whereof in the absence of the Governor and Lieutenant Governor, the Chief Justice shall be President) for hearing and determining all Appeals from the inferior Courts of Civil Jurisdiction within the Province, in all cases where the matter in Dispute shall exceed the Sum of Ten Pounds Sterling, or shall relate to the taking or demanding any Duty payable to His Majesty, or to any Fee of Office or Annual Rents, or other such like Matter or Thing, where the Rights in future may be bound, though the immediate Sum or Value appealed for be less than Ten Pounds Sterling. And any Five Members of the said Council (the Judges who shall have given the Judgment appealed from excepted) with the The Governor, Lieutenant Governor, or Chief Justice with any Five Members to constitute a Court. Governor, Lieutenant Governor, or Chief Justice, shall constitute a Court for that Purpose, which shall sit the first Monday in every Month throughout the year, and continue sitting each Month as long as the Business before it may require: And the said Court of Appeals shall have Power to revise and examine all the Proceedings in the Court below, and to correct all errors both in Fact and in Law, and to give such Judgment as the Court below ought to have given, and on Judgment to award and issue such Execution as the Law shall direct.

The Judgment of the Said Court to be final in all matters not exceeding the value of £500 Sterling. Appeals allowed in matters above that Value to His Majesty in Council.

Art 5. The Judgment of the said Court of Appeals shall be final in all cases where the matter in Dispute shall not exceed the Value of £500 Sterling; but in all cases exceeding that Value, an Appeal shall lie to His Majesty in His Privy Council, provided security be first duly given by the Appellant, that he will effectually prosecute his Appeal, and answer the Condemnation, as also pay such Costs and Damages as shall be awarded by His Majesty in His Privy Council, in case the Sentence of the said Court of Appeals shall be affirmed. An Appeal shall likewise lie to His Majesty in His Privy Council from the Judgment Other Cases in which Appeal shall be allowed to His Majesty in Council. of the said Court of Appeals in all cases where the matter in Question shall relate to the taking or demanding any Duty payable to His Majesty, or to any Fee of Office, or Annual Rents, or any such like matter or Thing, where the Rights in future may be bound, though the immediate Sum or Value appealed for be less than £500 Sterling; and in all cases where Appeal shall be allowed to His Majesty in His Privy Council, Judgments Sentences and Execution of the Courts of Civil Jurisdiction, established since the 1st of May 1775, confirmed; subject to an Appeal. Execution shall be suspended until the final determination of such Appeal, provided Security be given as aforesaid.

Art 6. All Judgments, Sentences and Executions of the Courts of Civil Jurisdiction, which it has been found necessary to establish since the 1st May 1775, are hereby ratified and confirmed,[57] subject nevertheless to an Appeal to the said Court of Appeals, in matters exceeding the value of Ten Pounds Sterling, and in Cases where Rights in future may be bound.

Appeal from the Judgments of all the Courts heretofore established within Three Months.

Art 7. Any Party meaning to Appeal from any Judgment, either of the said last-mentioned Courts, or of the Courts of Civil Jurisdiction subsisting in the Province before the 1st of May 1775, shall sue out the Writ of Appeal within Three Months after the Publication of this Ordinance, after which Period the same will not be allowed.

All Matters undetermined in any former Court of Appeals to be transmitted to the Court of Governor and Council.

Art 8. All Actions instituted in any of the Courts of Civil Jurisdiction subsisting in the Province before the 1st of May 1775, or in those established since the 1st of May 1775, and remaining undetermined therein, shall be transmitted to the Courts of Common Pleas hereby established for the respective Districts, to be proceeded upon to Judgment, as if the same had been commenced therein; also all Matters remaining undetermined in any Court of Appeals heretofore subsisting in this Province shall be forthwith transmitted to the Court of Appeals hereby established, to be proceeded upon therein to Judgment and Execution.

GUY CARLETON

Ordained and Enacted by the Authority aforesaid, and passed in Council, under the Great Seal of the Province at the Council Chamber in the Castle of St Louis, in the City of Quebec, the 25th day of February, in the seventeenth year of the Reign of our Sovereign Lord George the Third, by the Grace of God of Great Britain, France and Ireland, King, Defender of the Faith and so forth, and in the year of our Lord 1777.

By His Excellency's Command

J: WILLIAMS

         C.L.C.


Canadian Archives Q 62 A-2, p. 586. The basis of these and the following Ordinances is given in Hey's draught of an Ordinance for Establishing Courts of Justice in the Province of Quebec, given in full p. 673, and outlined in the 14th and 15th articles of the Instructions to Governor Carleton 1775. See p. 600. On the 21st January, 1777, the Legislative Council was convened for the first time since September 2nd, 1775, and proceeded to take up, as the most important item of business, the establishment of regular courts of justice. The Attorney General, Wm. Grant, had been employed, evidently on the basis of Hey's draught and in many consultations with the Governor, in framing the heads of a general ordinance on the subject which was submitted to the Council on January 27th. Each member was asked to communicate his observations in writing. Mr. Grant, after consultation with the Committee of Council, divided the general draught into three separate ordinances, as finally passed. Mr. Grant's connection with the framing of these ordinances is indicated in the details of his account for fees. See Public Accounts of the Province of Quebec 1777-8. On January 31st, Hon. James Cuthbert submitted in writing his contention on behalf of the Seigniors, that inasmuch as the Quebec Act had provided for as complete a restoration as possible of the French rights, usages, and customs before the Conquest, the clauses in the Ordinance with reference to Courts should hold good "only untill the seigniors, who have the right of holding civil courts of Justice in their several seigniories, shall establish Judges there, with the approbation of the Governor, Lieutenant Governor, or Commander in chief, for the time being." Minutes of Leg. Council, Vol. D., p. 9. Mr. Gugy, on similar grounds, raised the point "Whether it would not be proper, in order to conform with the antient customs and usuages of this province, that all matters which concern seigniors, as well as these between habitant and habitant, as between seignior and seignior, should be heard and determined sommarily, and without any charges, by the Governor, Lieutenant Governor, Chief Justice or some other person appointed for that purpose." Ibid., p. 10.

The Quebec Act coming into force May 1st, 1775, "all and every the Ordinance and Ordinances made by the Governor and Council of Quebec for the time being relative to the Civil Government and Administration of Justice in the said Province, and all Commissions to Judges and other Officers thereof, be, and the same are hereby revoked, annulled, and made void from and after the first day of May, one thousand seven hundred and seventy-five." (Clause 4). But as the invasion of the Province had prevented the Council from proceeding with the framing of new ordinances, the legal system had to be placed upon a provisional basis for the time being. See Carleton to Germain, Aug. 10th, 1776, Q 12, pp. 119, 124, 131.

 

 

(Copy)

Cap. II.

AN ORDINANCE TO REGULATE THE PROCEEDINGS IN THE COURTS OF CIVIL JUDICATURE IN THE PROVINCE OF QUEBEC.[58]

Preamble.

Whereas it is necessary for the Ease and Convenience of His Majesty's subjects who may have Actions to prosecute in the Courts of Civil Judicature established in this Province, that the mode of Administering Justice in the said Courts should be clearly ascertained, and rendered as plain as possible: It is therefore Ordained and Enacted by his Excellency the Captain General and Governor in Chief of this Province, by and with the Advice and Consent of the Legislative Council of the same, That

Manner of proceeding in Actions above the Value of £10 Sterling.

Art. 1. In all cases or Matters of Property, exceeding the Sum or Value of £10 Sterling, upon a Declaration presented to any one of the Judges of the Court of Common Pleas, by any Person, setting forth the Grounds of his Complaint against a Defendant, and praying an Order to Compel him to appear and Suing out the Summons. answer thereto, such Judge shall be, and hereby is empowered and required in his separate District to grant a Writ of Summons in the Language of the Defendant, issuing forth in His Majesty's Name, tested and signed by one of the Judges, and directed to the Sheriff of the District, to summon the Defendant to appear and answer the Plaintiffs Declaration on some certain future day, Regard being had to the Distance of the Defendant's abode from the Place where the Court sits; but if the Judges, or any Two of them are satisfied, by the Affidavit of the Plaintiff, or otherwise, that the Defendant is indebted to him, and on the point of leaving the Province, whereby the Plaintiff might be deprived of his Remedy against him; it shall be lawful for the said Judges, or Attachment against the Body where a Debtor is going to leave the Province. Declaration to accompany the Writ. any Two of them, to grant an Attachment against the Body of such Defendant, and hold him to Bail, and for Want of Bail to commit him to Prison until the Determination of the Action against him: The Declaration shall in all cases accompany the Writ, and the Plaintiff shall not be permitted to amend it until the Defendant shall have answered the matter therein contained, nor afterwards, without paying such reasonable Costs as the Court may ascertain.

Service thereof.

Art 2. Copies both of the Writ of Summons, and the Declaration, shall be served on the Defendant personally, or left at his House with some grown Person there, otherwise the Service shall be deemed insufficient.

If Defendant does not appear.

Art 3. If on the Day of the Return of the Writ of Summons the Defendant does not appear in Person, or by Attorney (Proof of such Service being produced or made in Court) the Plaintiff shall obtain a Default against the Defendant, and if on calling over the Action in the next Weekly Court Day the Defendant should still neglect to appear, without any good Reason for such his Neglect, the Court after hearing and receiving sufficient Proof of the Plaintiff's Demand, shall cause their final Judgment Judgment to be entered. to be entered against the Defendant, and shall award such Costs thereupon as they shall think reasonable, and issue such Execution as the Law, according to the nature of the case, may direct.

If Defendant appears, he is to answer the Declaration.

Art 4. If Defendant appears at the Return of the Writ of Summons, or, having made Default on that Day, pays such Costs as the Court may think reasonable, and appears on the next Weekly Court Day after such Return, he shall, either then, or on such other Day as he may obtain from the Court, make his Answer to the Declaration, either in Writing or Verbally as he thinks fit, provided that if his Answer is Verbal the Clerk of the Court shall take down the substance thereof in writing, and preserve the same amongst the Records of the Court.

If the Plaintiff does not attend, the action to be dismissed with costs.

If the Plaintiff does not appear, or appearing does not prosecute his Action, the same shall be dismissed with Costs.

Art 5. If upon the Declaration and Answer, or such further Pleadings as the Court may, if it thinks proper, permit or direct, the Parties shall appear to differ essentially in their State of If the Parties differ in their State of Facts, Court shall ascertain the Facts necessary to be proved. Facts, the Court shall ascertain and order the Clerk to take down in Writing, such Facts, material to the Decision of the Cause as it will proceed to receive Proof upon, and appoint a Day for hearing such Proofs as the Parties shall think proper to produce.

Art 6. In all Cases where Witnesses are produced they shall be examined and Cross Examined, viva voce, in Open Court, Manner of examining Witnesses; their Examinations to be taken down in Writing. English Rules of Evidence adopted in Commercial Cases. unless some good Reason is shewn to the Judges for departing from this Rule in particular Cases. The Examinations of the Witnesses shall be taken down in Writing by the Clerk, and filed among the Records of the Court.

Art 7. In the Proof of all Facts concerning Commercial Matters Recourse shall be had in all the Courts of Civil Jurisdiction in the Province, to the Rules of Evidence laid down by the English Laws.[59]

Of Appeals.

Art 8. The Party meaning to Appeal from any Sentence or Judgment of any of the Courts of Common Pleas, shall sue Party appealing to sue out a Writ, commanding the Judges to send up the Record. out a Writ from the Court of Appeals, tested and signed by the Governor, Lieutenant Governor, or Chief Justice, stating that the Appellant complains of being aggrieved by the Judgment, and therefore commanding the Judges of the Inferior Court, or any Two of them, to send up the Original Papers and Proceedings in the Cause, and Transcripts of all Rules, Orders and Proceedings found in the Records or Registers of the Court concerning the same; such Writ, when presented to any of the Judges of the Court below, shall be allowed by him, if the Appellant has given the requisite Security, and when allowed, the Clerk of the Court shall proceed to comply with the Order of the Writ, and the Judges, or any Two of them, shall make their Return against the Return Day thereof.

The Appellant to file his reasons of Appeal in Eight Days.

Art 9. If the Appellant does not within Eight Days after the Return of the said Writ, and the Transmission of the Proceedings, file his Reasons of Appeal, the Appellee shall obtain a Rule or order, that unless the Appellant's Reasons of Appeal are filed in Four Days, the Appeal will be dismissed, and if the said Reasons of Appeal are not filed within Four Days after Service of the said Rule on the Appellant or his Agent, the Appeal shall accordingly be dismissed with Costs.

Appellee to file his answers in Eight Days.

Art 10. Within Eight Days after the Reasons of Appeal are filed, the Appellee shall file his answers thereto, or if he neglects so to do the Appellant shall obtain a Rule or Order, that unless the Appellee file his Answers within Four Days he will be precluded from filing them after that Period; and if his Answers are not filed within Four Days after Service of such Rule on the Appellee or his Agent, he shall accordingly be precluded from filing them, and the Court will proceed to hear the Cause on the part of the Appellant, and proceed to Judgment therein without the Intervention of the Appellee.

The Court, on good Cause Shewn, to prolong the Time above allowed

Art 11. The said Court of Appeals nevertheless shall and may, upon Application made, and good cause shewn by either of the Parties (Notice being given the other) prolong the Time allowed for filing either the Reasons of Appeal or Answers thereto, and in case the Court shall not be sitting at the Time when such Reasons or Answers ought regularly to be filed, the Party neglecting shall apply to the Court, at the next sitting thereof, and shew his Reasons for such his Neglect: and if the Court finds them insufficient, it will, as the case may be, either dismiss the Appeal, or proceed to hear it without the Intervention of the Appellee, as above directed.

Day to be fixed for hearing the Cause.

Art 12. When the Reasons of Appeal, and Answers thereto, are filed, the Court shall, on the Application of either of the Parties, fix on such convenient Day for the hearing of the Cause as to it may seem proper.

In Fifteen days after Judgment, execution to issue in case the Writ of Appeal be not allowed.

Art 13. If the Writ of Appeal is not allowed by one of the Judges of the Court below, and a Copy thereof served on the Appellee or his Agent within Fifteen days after any Judgment given in the Court of Common Pleas, Execution shall issue, and no Appeal shall be allowed or received from the Court of Common Pleas after the expiration of one Year from the Date, of the Judgment of such Court.

No appeal allowed after a Year from the Date of the Judgment.

Art 14. The Executions sued out from any of the Courts of Civil Jurisdiction shall be a Writ issuing in the King's Name, tested and signed, when issuing from the Court of Appeals, either by the Governor, Lieutenant Governor, or Chief Justice, and when issuing from the Court of Common Pleas, by one of the Judges of the Court for the District in which it is given, directed to the Sheriff of the District, setting forth the Judgment of the Of Executions, nature of the Writ, of Executions. Court between the Parties, and the kind of Execution which the Law, according as the case may be, shall direct, whether the same be to take the Body, or to levy a Sum of Money out of any one's Goods and Chattels, Lands and Tenements, or to do any Special matter or Thing whatever; the Date of the Judgment shall be indorsed on every Writ of Execution, and that Indorsement signed by the Judge.

Personals to be first disposed of, and if insufficient, Real Estate to be sold.

Art 15. In all Cases where execution shall issue against Real and Personal Estates, the Sheriff shall first dispose of the Personal Property, and if the Proceeds thereof fall short of the Amount of the Judgment the Real Estate, or so much thereof, as will produce the Amount, shall be sold for that Purpose.

Manner of selling Personals.

Art 16. Where Moveables shall be seized by the Sheriff under an Execution, he shall cause the seizure to be published at the Church Door, of the Parish, immediately after Divine Service, on the first Sunday succeeding such Seizure, and at the same time cause to be proclaimed the Day and Place when and where he intends to proceed to the sale thereof, provided that the Place of Sale shall be in the same Parish in which the Seizure is made.

Manner of selling Real Property.

Art 17. When Lands and Tenements shall be seized by the Sheriff under a Writ of Execution, he shall advertize the Sale thereof Three Several Times in the Quebec Gazette, to be on some certain Day after the expiration of Four Months from the Date of the First Advertisement, and proclaim the said Sale at the Church Door of the Parish in which the Premisses are situated, immediately after Divine Service, on the Three Sundays next preceding the same and Cause a Copy of the said Advertisement to be fixed on the Door of the Parish Church.

When Two or more Writs of Execution issue upon Judgments given the same Day, they are to be satisfied in the same Proportions.

Art 18. If Two or more Writs of Execution shall be issued upon Judgments given the same Day against the same Defendant or Defendants, and so marked on the Writs, such Executions shall have the same Privilege and be satisfied in the same Proportions, and the Sheriff, or other Person to whom such Writs of Execution shall be Awarded, receiving the same, is hereby authorized and Commanded, after the sale of the whole of such Defendant's Real and Personal Estate, where the Writ shall be awarded against both, in case the same should not be sufficient to satisfy the whole of such Judgments, to pay over and divide the Nett Produce of such sale or Sales, after deducting his own Costs and Charges, amongst the several Plaintiffs, in Proportion to the Amount of their Respective Judgments.

Allowance to the Sheriff.

Art 19. On every Execution the Sheriff shall be allowed all his Disbursements, and shall be authorized to charge over and above at the Rate of Two and an Half per centum, to be deducted out of the Money he levies.

Art XX

Proceedings in Actions under £10 Sterling

In Matters either not exceeding or under Ten Pounds Sterling, any Person having a Right of Action against another, shall prepare, or procure from the Clerk of the Court of Common Pleas, a Declaration in the following Form.

"Quebec/Montreal}      Day of      17

            A. B. Plaintiff.      C. D. Defendant. — The

Plaintiff demands of the Defendant the Sum of

      due to the Plaintiff from the Defendant, for

      which said Sum, though often demanded, still

remains due, therefore the Plaintiff prays Judgment."

The Declaration shall be filed by the Clerk, who shall make a Copy thereof, and at the Foot of such Copy write out a Summons in the Language of the Defendant in the following Form, viz.

    "To C. D. the Defendant in the Above Action — 

"You are hereby commanded and required to pay the Plaintiff

A. B. the above-mentioned Sum of      together with

Costs, or else to appear in Person, or by Your Agent, before me,

at the Court House in the City of Quebec/Montreal together with your

Witnesses, if you have any, on the      Day of

when the matter of Complaint against you as ascertained in

the above Declaration will be heard and finally determined,

otherwise Judgment will be given against you by Default — 

E. F. Judge of the Court of Common Pleas."

This Summons shall be signed by one of the Judges of the Court, and a Copy thereof, and of the Declaration, served on the Defendant Personally, or left at his Dwelling House, or Ordinary Place of Residence, with some grown Person there; and the Person serving the same shall inform the Defendant, or such grown Person, of the Contents thereof. If, at the Time mentioned in the Summons, the Defendant does not appear (Proof of the Service thereof being produced in Court) the Judges, or any one of Them shall hear the cause on the part of the Plaintiff, and make such order, Decree, or Judgment, and award such reasonable Costs of Suit, as to them or him shall appear agreeable to Equity and good Conscience; but if the Defendant does not appear by himself, or his Agent, and the Plaintiff, or his Agent, does not appear, or appearing does not Prosecute, or prosecuting, fails in his Action, the Judge or Judges shall dismiss the Defendant with Costs. If the Plaintiff makes good his Charge against the Defendant, the Judge or Judges shall give Judgment accordingly, and award Costs and Execution, but the Execution shall not issue till the next Court Day after Judgment given: the Execution shall go against the Moveables only of the Defendant, which shall be seized by some Person to be for that Purpose appointed by the Court, and sold by him in the manner mentioned in the Sixteenth Article of this Ordinance. But the Execution shall contain an Exception of the Party's Beasts of the Plough, Implements of Husbandry, Tools of his Trade, and one Bed and Bedding, unless his other Goods and Chattels should prove insufficient, in which Case such Beasts of the Plough, Implements of Husbandry and Tools of his Trade, shall be sold, but not the Bed and Bedding. The Judge or Judges, may, if they think proper, order the Debt to be levied by Installments, provided the Time allowed shall not exceed the Space of Three Months from the Day of issuing the Execution.

Art XXI.

In Matters, as well above as of or under the Value of Ten Pounds Sterling, if the Defendant shall convey away or secrete his Effects, an Execution shall go against his Person, to be taken and detained in Prison until he satisfies the Judgment.

Art XXII.

For the Satisfaction of all Judgments given in Commercial Matters between Merchants, as well as of all Debts due to Merchants for Goods, Wares, and Merchandizes, by them sold, Execution shall issue not only against the Goods, Chattels, Lands, and Tenements of the Defendant, but also, in case they shall not produce the Amount of the Plaintiff's Demand, against his Person, to be taken and conveyed into the Prison of the District, and there detained until he pays the Amount of the Judgment, or otherwise settles with and satisfies the Plaintiff: Provided, that if the Defendant after remaining one month in Prison, shall make Application to the Court, and make an Affidavit that he is not worth Ten Pounds, the Plaintiff shall pay to the Defendant the Sum of Three Shillings and Sixpence weekly, for his Maintenance as long as he shall be detained in Prison at the Suit of the Plaintiff; such Payment shall be made in Advance on Monday in every Week, in Failure of which the Court from whence the Execution issued shall order the Defendant to be released; but the Plaintiff shall not be obliged to make such Payment, if he can prove, to the Satisfaction of the Court by which the Defendant stands committed, that the Defendant has secreted or conveyed away his Effects to defraud his Creditors.

Art XXIII.

When any Person against whom Judgment shall be given in any of the Courts of Common Pleas shall not have sufficient Goods, Chattels, Lands, or Tenements, to satisfy such Judgment within the Jurisdiction of the Court wherein such Judgment shall have been obtained, but shall have Goods, Chattels, Lands or Tenements within the Jurisdiction of the other Court of Common Pleas, it shall be lawful for the Judge or Judges of the Court wherein Judgment shall have been obtained to award Execution to the Sheriff of the other District, who, after getting the Writ indorsed by one of the Judges of the Court for the District in which the Goods, Chattels, Lands, or Tenements are situated, shall execute the same, and make Return thereof to the Court from which it issued; and such Writ and Return shall be by him sent to the Sheriff of the District from whence the Writ was originally awarded, to be delivered into the Court that issued the same. — The Sheriff executing such Writ shall be answerable for his Doings relative thereto before the Court from which it was originally awarded; and the Judges of the Court of Common Pleas for the one District may, in like manner, award Execution against the Body of a Person residing in the other, in Cases where such Execution is by Law allowed; and the Sheriff executing the Writ to him in such case directed shall convey the Body of such Person into the Prison of the District wherein such Person shall be arrested.

Art XXIV.

This Ordinance, and the several Provisions and matters therein contained, shall remain in Force only during the Space of Two Years from the Publication thereof.

GUY CARLETON.

Ordained and Enacted by the Authority aforesaid, and passed in Council under the Great Seal of the Province, at the Council Chamber in the Castle of St Lewis in the City of Quebec, the Twenty fifth day of February, in the seventeenth year of the Reign of our Sovereign Lord George the Third, by the Grace of God, of Great Britain, France and Ireland, King Defender of the Faith and so forth, and in the Year of our Lord One thousand seven hundred and seventy seven.

By His Excellency's Command

J: WILLIAMS

        C.L.C.


Canadian Archives, Q 62 A-2, p. 568.

Concerning this partial introduction of the English law in civil matters, notwithstanding the general policy of the Quebec Act, see article 12 of the Instructions to Carleton, 1775, p. 599. See also the attempt to extend the application of English Law. Note, p. 692.

AN ORDINANCE FOR ESTABLISHING COURTS OF CRIMINAL JURISDICTION IN THE PROVINCE OF QUEBEC.[60]

It is Ordained and Enacted by His Excellency the Captain General and Governor in Chief of this Province, by and with the advice and consent of the Legislative Council of the Same, That,

Art. I.

Establishment of a supreme Court of Criminal Justice.

There shall be, and hereby is erected, constituted and established for the Province at large, a Supreme Court of Criminal Justice and Jurisdiction, to be called and known by the name of the Court of King's Bench, for the Cognizance of all Pleas of the Crown, and for the Trial of all manner of Offences whatsoever; to be held before the Chief Justice or Commissioners for executing that office. the said Court shall be held before the Chief Justice of the Province, or Commissioners that may be appointed for executing the Office of Chief Justice for the Time being, who shall hear and determine the said Pleas of the Crown, and of all manner of Offences whatsoever, according to the Laws of England, and the Ordinances of the Government and Legislative Council of the Province.

Four Sessions; Two at Quebec, Two at Montreal.

And for the Speedy Administration of Justice, and the preventing long Imprisonments, there shall be held, in every Year, Four Sessions of the said Court of King's Bench, whereof Two Sessions shall be held at the City of Quebec, and the other Two at the City of Montreal, at the Times hereafter following, Times of Sitting. to wit, at the City of Quebec on the First Tuesday of May and the First Tuesday of November, and at the City of Montreal on the First Monday of March and the First Monday of September in every year: but nothing herein contained shall extend to prevent the Governor, Lieutenant Governor, or Commander Special Commissions to be issued if necessary. in Chief for the Time being, to issue Commissions of Oyer and Terminer and Gaol Delivery at any other Time or Times, when he may think it necessary and expedient so to do.

Art. II.

Establishment of the Court of Quarter Sessions.

In each of the Districts of Quebec and Montreal, there shall be held and kept, Four Times in every Year, a Court of General Quarter Sessions of the Peace, by the Commissioners of the Peace of each respective District, or so many of them as are or shall be limited in the Commission of the Peace, who shall hear and determine all matters relative to the Conservation of the Peace, and whatsoever is by them cognizable, according to the Laws of England, and the Ordinances of the Governor and Legislative Council of the Province.

Places and Times of Sitting.

The said Sessions for the District of Quebec, shall be held at the City of Quebec, and the said Sessions for the District of Montreal shall be held at the City of Montreal, on the days hereafter following, to wit, on the second Tuesdays of the Months of January, April, July and October, in every year.

Two Commissioners to sit weekly.

And Two of the said Commissioners of the Peace shall sit weekly in Rotation, in the Cities of Quebec and Montreal, for the better Regulation of the Police, and other matters and Things belonging to their Office; and the names of the Commissioners who are to sit in each Week shall be posted up on the Door of the Sessions House, by the Clerk of the Peace, Two Days before their respective Sittings.

Art. III.

Captains of Militia impowered in their respective Parishes to act as Coroners.

As the great extent of this Province may render it often impracticable for the Coroner of the District to give his attendance at the different Places where it might be necessary, the Captains of Militia shall be and hereby are impowered, in their respective Parishes, when any marks of Violence appear on any dead Body, to summon together Six respectable Householders of his Parish, to inspect the same; and he shall, according to their Opinion, report the manner and cause of such Death in writing, to the nearest Commissioner of the Peace, that a further examination may be made therein, if necessary.

Art. IV.

Captains of Militia appointed Peace Officers in their respective Parishes.

And as great Inconveniences might arise from the want of Peace Officers in different parts of the Province, the said Captains of Militia shall be and hereby are impowered to arrest any Person guilty of any Breach of the Peace, or any Criminal offence, within their respective Parishes, and to convey or cause to be conveyed, such Person before the nearest Commissioner of the Peace, to be dealt with according to Law.

(signed)

       GUY CARLETON

Ordained and Enacted by the Authority aforesaid, and passed in Council under the Great Seal of the Province at the Council Chamber, in the Castle of St Lewis, in the City of Quebec, the Fourth Day of March, in the seventeenth year of the Reign of our Sovereign Lord George the Third, by the Grace of God of Great Britain France and Ireland, King, Defender of the Faith and so forth, and in the Year of Our Lord One thousand seven hundred and seventy seven.

By His Excellency's Command.

J: WILLIAMS

          C.L.C.


Canadian Archives, Q 62 A-2, p. 594. A draught of this Ordinance was first read in Council on March 1st and was passed after much discussion on March 4th. Minutes of Leg. Council, Vol. D., pp. 15-17. As may be observed, it ignores entirely the restrictions on some of the worst features of the English Criminal Law which had been introduced in Hey's draught. Thus in his draught, judges were debarred from sentencing any felon to be burned in the hand. See p. 639. We find, however, that this was a standard form of punishment in Canada. Thus in the Public Accounts for the year 1784 we have, as a sample of several similar entries, an item from the Montreal District of the expenditure of £20 5s cy, in payment of the executioner and other expences connected with the punishment of seven persons named, who were sentenced in the previous session of the Court of King's Bench "to be burned in the hand." Public Accounts, Prov. of Quebec, 1784.

PLAN FOR THE ESTABLISHMENT OF A CHAMBER OF COMMERCE FOR THE CITY & DISTRICT OF QUEBEC.[61]

Art. 1st

The chamber of commerce to be composed of all the merchants and traders in this city & district, willing to become members thereof, french & english without distinction.

Art. 2nd

Every member of the chamber of commerce shall pay on his admission the sum of eight spanish dollars towards the support thereof, and continue to pay yearly, so long as he may chuse to remain a member, his proportion of what may be thought sufficient, by a majority of the subscribers, to defray the annual expences of the chamber.

Art. 3rd

Twenty five directors, including a president, vice-president, treasurer, and clerk, shall be elected, without delay, by a majority of the subscribers; and they shall be deemed a full board for the space of one year, and any five or more of the directors, but not less, shall have power to sit and do business.

Art. 4th

At the expiration of every year, the same number of directors shall be chosen, in the same manner, from the list of subscribers, for an equal space of time, so that all the members may serve in their turn, if elected by the majority.

Art. 5th

The directors of the chamber of commerce, so established, to be a board of arbitrators, authorised to decide, to the best of their knowledge and judgment, all commercial matters, in controversy, that may be brought before them, by mutual consent of parties; the award of a majority of five or more sitting directors, on any point in dispute, when made in writing, within a limited time, to be final in all matters not exceeding £50. hfx currency; but when the same shall exceed that sum, either of the contending parties shall have liberty to appeal to a full board, every member whereof shall be summoned for that purpose; and the said full board shall not consist of less than a majority of the whole twenty five directors, and the decision of the said full board, or the major part thereof, shall be final, without appeal.

Art. 6th

The directors of the chamber of commerce for the time being, may frame, to the best of their judgments, rules and regulations for the general benefit of trade; subject nevertheless to the concurrence, or disapprobation of the whole body of members, at meetings to be held every three months, or oftener if necessary, and such rules and regulations, when approved of by a majority of subscribers, and requiring the sanction of law, shall be laid before the legislature of the province for the time being, for their consideration, and, if by them also approved of, prayed for, in order to be past into a law.

Art. 7th

The chamber of commerce to be made a body corporate, capable of suing and of being sued in any court of record in this province, to hold funds, to receive donations and endowments, and to give premiums for the encouragement of trade and agriculture.

Art. 8th

The majority of the subscribers to the chamber, to have power to form rules and bye-laws for the better government, and good order of the members, consistent nevertheless with the laws of the province; and to keep books wherein shall be recorded the proceedings of the chamber at large.

Art. 9th

The corporation to have power to publish any rules and regulations not requiring the sanction of law, which they may make from time to time, by virtue of their charter, for the benefit of trade, in order that the same may be publickly known throughout the province.

a copy.

J. WILLIAMS.

Council Office

3rd April 1777


Enclosed in the despatch of May 9th. Canadian Archives, Q 13, p. 99. The object of this plan was to avoid bringing commercial matters into the regular courts where, under the Quebec Act, the French and not the English civil law was made the basis of decision. On the occasion of the final reading of the Ordinance to regulate the proceedings in the Courts of Civil Judicature, Mr. Harrison had moved the following amendment to the 7th article "And the judges are hereby directed to determine upon the evidence, both as to the Law and the Fact, agreeable to the Laws and Customs of England; and that in all actions above the value of £10 sterling, Juries shall be allowed, at the option of either of the parties." Minutes of Leg. Council, vol. D., p. 13. This, however, was defeated by 7 to 5. At the following meeting of the Council, on February 25th, the five members of the minority, Messrs. Finlay, Dunn, Harrison, Allsopp, and Johnson, were appointed a committee "To prepare a scheme or plan of such rules and regulations as may be proper for an establishment of a chamber of commerce, to be laid before His Excellency in council; and that, for that purpose, they meet and confer with such of the english and canadian merchants of the province, as they shall think proper." Ibid. p. 14. On March 29th, there was presented and read the report of the committee on the proposed Chamber of Commerce. Copies of this were to be made for the Governor and the various members of the Council. On the same day the Governor closed the session of Council, and officially nothing more was heard of the plan, until the Report of 1787.

PETITION OF MERCHANTS FOR REPEAL OF QUEBEC ACT.[62]

To The Right Honorable Lord George Germain, One of His Majesty's Principal Secretaries of State, &c &c &c

The Petition of the Merchants & such Inhabitants of the Province of Quebec as are at present in London — Sheweth,

That his Majesty's British subjects in that extensive Colony apprehending the inconveniences which have since really arisen from the operation of an act of Parliament passed in the Year 1774 for establishing the Government of the Province of Quebec, did in the same year Petition his Majesty, and both Houses of Parliament, that it might be repealed or at least amended.[63]

We beg leave to inform your Lordship, that from the reduction of Canada till May 1775 when the above mentioned act took place, the inhabitants as well Canadians as English lived with great satisfaction in the enjoyment of their liberty and Property under the Protection of the English Government, and that they received the new regulations contained in the act with surprize, and reluctance; for they saw themselves at once deprived of that inestimable priviledge of the English constitution, that grand Bulwark against Injustice and Oppression, the trial by Juries, and of the benefit of the Commercial Laws of England, so wisely calculated to promote a spirit of Trade and Industry and so generally known and understood; instead of which they found themselves obliged to have recourse to the Laws of Canada scarcely, if at all, understood by any Person in the Province, and consisting chiefly of occasional Mandates issued, from time to time, by the French Governors. In consequence of this subjection to the arbitrary command of their superiors, many of the Canadians have been ordered out upon the public Service, without any pay or emolument whatever, and upon refusal have been thrown into prison under a Military Guard.[64] It cannot be wondered at if under such circumstances, Discontents, and even Dissatisfaction to his Majesty's Government should have crept in.

The ordinances lately made by the Governor and Council, in aid of the French Law, have contributed to increase the General dissatisfaction. This Council, when only twelve members were present,[65] and each of them bound by an Oath of Secrecy, proceeded to make laws without requiring the least Information, and with the most Total disregard of an Application from the Merchants who peti[ti]oned, upon Grounds of general utility, that they might not be deprived of the Mercantile Laws of England.[66]

The Ordinances furnish further matter of Complaint because of the ambiguous terms in which they are expressed, of the indefinite Power which they give to the Judges, and of the Prejudice which prevails in them, without exception, in favor of the Laws of Canada, whose forms are tedious, expensive and unnecessary. In particular the ordinance regulating the Indian Trade,[67] without yielding any revenue or advantage whatever to Government, subjects the Trader to insuperable Difficulties, for the pass he obtains is upon Conditions frequently out of his Power to comply with, and his whole Property is in consequence liable to confiscation, by the civil or seizure by the military power, upon an information laid against him by any person tempted by a prospect of the reward. Nor though the information be false, is there any provision to redress the Trader, though he may be equally ruined by the Expence, and the delay of his Journey in the proper Season. These difficulties are so alarming that though this Trade is by far the most considerable in the Province since the commencement of the Present Rebellion, whenever the communication from Albany shall be open a great part of it will be carried on from the Province of New York, notwithstanding the situation of Canada be in all respects more convenient.

We beg leave to assure your Lordship that these causes originating chiefly from the Quebec act, have concurred to spread a general discontent throughout the Province, without any advantage to the present state, and so far as to alienate the affections of his Majesties subjects as to give great reason to apprehend a disposition in them to change their present form of Government, should such an Opportunity unhappily offer.

We therefore humbly entreat your Lordship to take into your consideration the dangerous, and confused situation of this Colony, and grant us your Patronage and assistance in endeavouring to obtain a repeal of the Quebec Act, the Source of these grievances and an Establishment, in its stead, of a free Government by an assembly or Representation of the People, agreable to His Majesty's Royal Promise contained in the Proclamation made in the year 1763. This measure alone, which we are firmly persuaded is founded equally on the Principles of Justice and good Policy is adapted to conciliate the minds of a dissatisfied People, to confirm their wavering Disposition, and to restore that mutual confidence between the Governors and the Governed which is essentially necessary to the happiness of both.

(signed)

London 2 April 1778.

Wm SmithWm LindsayChas Grant
Josiah BlackleyJno ShannanAlexr Davidson
John MacdonaldEdwards WattsAdam Lymburner
William GrantDanl SutherlandThos Aylwin
Wm AirdCharles PatersonJohn Salmon
Isaac ToddJames FinlayJohn Paterson
William ShawAllan PatersonJean H. D. Hemair
Alexr FraserRobt M. McWilliams
John Pagan
Randle Meredith

Canadian Archives. Haldimand Papers, B 43, p. 13.

Referring to the petitions of Nov. 12th, 1774, See pp. 589-592.

Referring to the restoration of the French feudal system under the Quebec Act, and the consequent exaction of corvées and other compulsory services. See notes 1 and 2, p. 677. See also Burgoyne to Carleton, as to enforcing corvées; Q 13, p. 212. See also Finlay's Motion in Council on the complaints of the peasants. Minutes of Leg. Council, Vol. D., p. 41.

Four members of the Council had been captured and were prisoners in the colonies. See Q 12, p. 172. Some of the others were absent, and one or two had died. In Carleton's letter to Germain, of June 27th, 1777, he stated that, having found a sufficient number of Councillors in the Province to proceed upon the business of legislation, he had not nominated any others.

See note to Plan for a Chamber of Commerce p. 692.

Being No. 7 in the list given on p. 678. This is given in full in "Ordinances made and passed by the Governor and Legislative Council of the Province of Quebec. And now in Force in the Province of Lower Canada. Quebec, 1795." p. 9. Also given in the recently reprinted Ordinances by the Public Archives, 1917, p. 65. The portion more particularly complained of is section V, which required every trader among the western Indians to have a pass, in default of which he is subject to a penalty of £50. Conviction may be secured on the testimony of one credible witness, other than the informer who is to receive one-half the penalty.

INSTRUCTIONS TO GOVERNOR HALDIMAND.[68]

(L.S.)

George R.

Instructions to Our Trusty and Welbeloved Frederick Haldimand Esquire, Our Captain General & Governor in Chief in & over Our Province of Quebec in America, & of all Our Territories dependant thereupon, Given at Our Court at St James's the Fifteenth day of April 1778. In the Eighteenth Year of Our Reign. — 

First. With these Our Instructions You will receive Our Commission under Our Great Seal of Great Britain, constituting you Our Captain General & Governor in Chief in and over Our Province of Quebec in America, & all Our Territories thereunto belonging, bounded & described, as in Our said Commission is set forth; in Execution therefore of the Trust We have reposed in you, You are to take on You the Administration of the Government, & to do & execute all things belonging to your Command, according to the several Powers & Authorities of Our said Commission & these Our Instructions to you, or according to such further Powers & Instructions as you shall at any time hereafter receive under Our Signet or Sign Manual, or by Our Order in Our Privy Council; and you are to call together at Quebec (which We do hereby appoint to be the Place of your ordinary Residence, & the Principal Seat of Government) the following Persons, whom We do hereby constitute & appoint to be Our Council for the Affairs of Our said Province & the Territories thereunto belonging, Vizt Hector Theophilus Cramahé Esqr Our Lieutenant Governor of Our said Province, or Our Lieutenant Governor of Our said Province for the time being, Peter Livius Esqr Our Chief Justice of Our said Province, or Our Chief Justice of Our said Province for the time being, Hugh Finlay, Thomas Dunn, James Cuthbert, Francis L'Evesque, Edward Harrison, John Collins, Adam Mabane, Chaussegros de Lery, George Pownall Esqr Our Secretary of Our said Province, or Our Secretary of Our said Province for the time being, George Alsopp, La Corne St Luc, Alexander Johnston, Conrad Gugy, Picotté de Belestres, John Fraser, Henry Caldwell, John Drummond, William Grant, Rocque St Ours Junior, Francis Baby, &           De Longueuil Esqrs[69] every one of which respectively shall enjoy his Office of Councillor aforesaid for & during Our Will and Pleasure, & his Residence within Our said Province of Quebec, & not otherwise. — 

(The following sections of the Instructions to Haldimand are identical with the General Instructions to Carleton of 3d Jany, 1775 — omitting the latter part of section 9 as shown[70] — and adding section 16, as follows.)

16. And Whereas, in pursuance of the foregoing Instructions, Ordinances have been framed and ordained for the Establishment of Courts, and directing a proper mode of Administring Civil and Criminal Justice within Our said Province of Quebec, conformable to the Spirit and Intention of the aforesaid Act of Parliament, Intituled, "An Act for making more Effectual Provision for the Government of the Province of Quebec in North America," It is Our Will and Pleasure that you do from time to time, with Our said Council in their Legislative Capacities, deliberate upon, and frame such Ordinances, as the Circumstances and Condition of Affairs may require, either for continuing, Amending or enforcing such Ordinances, as have been Ordained, as aforesaid, or making any further and necessary Changes and Regulations in the Courts as established, or in the mode of administering Justice within Our said Province; provided, that such Ordinances be strictly conformable to the Act of Parliament aforesaid, And to the Tenor of these Our Instructions.

Endorsed: Frederick Haldimand Esqr Governor of Quebec Dated 15th April 1777. (1778).

The Usual Trade Instructions[71] were signed & dated as above.


Canadian Archives, Q 26 B, p. 213. For some time there had been an obvious lack of harmony between Germain and Carleton, but when Burgoyne was selected instead of Carleton to conduct the expedition to Albany, the latter's indignation knew no bounds and his despatches to his chief, the Colonial Secretary, became anything but respectful. Thus, though Carleton was in favour at Court, it was decided to remove him. The King, in writing to Lord North and referring to a subsequent appointment for Carleton says, "Carleton was wrong in permitting his Pen to convey such asperity to a Secy of State, and therefore has been removed from the Govt of Canada. But his meretorious defence of Quebec made him a proper object of military reward, and as such I cd not provide for any oer Genl till I paid the Debt his services had a right to claim." Brougham's "Statesmen of the Time of George III," p. 107. It was not, however, so easy to find a suitable successor for Carleton. On Feb. 24th, 1777, the King writes to North, — "Ld G. G. will tomorrow propose Clinton for Canada," ibid., p. 97. This proposal however was not realized. Meantime Carleton, in his correspondence with Germain, had thrown off all restraint and was openly insulting. On the 27th of June, 1777, he expressed the hope that he might be permitted to return to Britain that autumn. Burgoyne, fearing that he might be selected to follow Carleton at Quebec, in a letter to Germain, on July 30th, begs most respectfully to decline the possibility of the appointment. He in turn recommends Phillips, one of the British generals associated with him on the expedition, but is doubtful of his willingness to accept. Ultimately, Haldimand, who was then Inspector General of the forces in the West Indies was selected for the Quebec Governorship, and informed of the fact in August. He was unable to reach Quebec before June 30, 1778, during which time Carleton retained his position. Haldimand was a Swiss soldier of fortune in the British service. He had been employed in the war for the conquest of Canada, and was in command for a time at Three Rivers and Montreal, hence he knew something of the country and its problems.

By comparing this list with the corresponding one in Carleton's Instructions in 1775 (see p. 595) the number of changes which had taken place in the Council may be ascertained.

See p. 597.

See p. 620.

CARLETON'S DISMISSAL OF CHIEF JUSTICE LIVIUS.[72]

Whitehall, March 2nd 1779.

To the King's Most Excellent Majesty.

May it please Your Majesty,

In obedience to your Majesty's Commands, we have taken into our consideration the humble Memorial of Peter Livius Esqr. appointed by your Majesty to be Chief Justice of the Province of Quebec, complaining of his having been amoved from his said office by order of Sir Guy Carleton, Knight of the Bath, late your Majesty's Governor of that Province, without assigning any cause, and without authority for so doing; and praying, that Sir Guy Carleton may be now required to assign the reasons for his Amoval; and that the same may be enquired into;[73] we have thereupon, in pursuance of our duty, required of Sir Guy Carleton a communication of the reasons, which induced him to displace Mr Livius;[74] and having received for answer, that he had stated those reasons in one of his last Letters[75] to Lord George Germain, one of your Majesty's principal Secretaries of State, and had referred his Lordship for proof of the necessity of the measure to the Minutes of the legislative Council in their last Session, we have examined those Minutes,[76] together with the Letter referred to by Sir Guy Carleton, (Copy of which has been communicated to us by Lord George Germain;) and having made known to Mr Livius the matter in Charge against him we did appoint a day for hearing him in his defence, and gave notice thereof to Sir Guy Carleton, that he might attend, and make good his reasons assigned for the said Amoval; but he submitting, whether his attendance might be necessary as his charge was confined to the papers then before us,[77] we proceeded on the day appointed to hear and consider, what Mr Livius had to offer in his Justification and defence, and now beg leave humbly to represent to your Majesty,

That, before we proceed to examine the papers, to which we are referred for proofs of Mr Livius's misconduct, we think it necessary to premise, that no part of the Charges contained in those Papers apply to impeach the Chief Justice in his judicial Character and Capacity in any particular; and it is our Duty here to observe, that your Majesty by the Seventeenth Article of your Instructions to the Governor of Quebec,[78] was graciously pleased to direct, that he should not displace any of the Judges, Justices of the Peace, or other officers or Ministers without good and sufficient cause, which he was to signify in the fullest and most distinct manner to your Majesty by one of your Majesty's principal Secretaries of State, and to your Majesty's Commissioners for Trade and Plantations, for their information, we shall now proceed to examine his conduct, as one of the legislative Council; and beg leave thereupon to observe to your Majesty,

That it does appear to us, that Your Majesty's Council of Quebec were called together by the late Governor for the purposes of Legislation on the 23rd of March last, and were prorogued by his order on the 25th of April following; that this was the first and only session of the legislative Council at which the Chief Justice was present; and that during the period of this Session he constantly attended; That upon the first day of the meeting, the late governor being present, recommended to the consideration of the Council the regulation of Fees to be taken in the several offices; and that upon the day following they resolved themselves into two Committees for the purpose of making the necessary examinations and reports preparatory to the framing an Ordinance the Chief Justice being Chairman of the Committee for Law Fees; that upon this occasion it appears on the Minutes, that the Chief Justice moved in the following words, viz.

"That in Order to regulate the fees in Compliance with his Excellency the Governor's Recommendation, the Judges of the Courts of Common Pleas for the Districts of Quebec and Montreal, might be directed to furnish a State of the Course of proceeding in their respective Courts, and of such Rules, Orders and Notices of practice as they have made to regulate the Course of their respective Courts, in order that this board may receive the Information necessary to apportion justly the fees to be allowed to the Labour necessary to be done."[79]

This motion being rejected upon a Division, the Committe proceeded on their Business; but before they were prepared to make their Report, it appears, that Mr Finley, joint Post Master of America, and Mr Grant, acting Receiver General, each moved certain regulations for the better managing and collecting your Majesty's Revenue within their respective Departments; That the Chief Justice voted for referring these to a Committee in both instances, which were over ruled; and the reasons he assigns for so doing are, because these propositions were offered by those, to whom your Majesty had committed the care of the matters, to which they referred, and because it was, as he conceives a breach of decency in the proceedings to refuse them the common attention of being considered by a Committee.

When we state these proceedings to your Majesty, we would not wish to convey any Idea, that it is upon them the late Governor founds his reasons for displacing the Chief Justice, especially as your Majesty had, in the eighth Article of your Royal Instructions to your Governor signified your express Will and Pleasure, that he should permit to all the members of the Council to have and enjoy freedom of debate and vote in all Affairs of public concern, that might be debated in Council;[80] but we lay these Facts before your Majesty simply, as they stand upon the Minutes, to which we are referred, that no particular of the proceedings, wherein the Chief Justice dissented from the prevailing Sense of the Council may be withheld from view on this examination; at the same time also, that we state these instances, in which the Chief Justice divided against the Majority of the Council, we must in Justice observe, that in the case of certain propositions, as the foundation of an Ordinance moved for by Mr Caldwell, one of the said Council, and rejected by a Majority, it is stated by Mr Livius, that he took part in the rejection of those Motions, and the Ordinance thereupon dependent. We proceed now to consider, what we must believe to have been the especial Cause of Mr Livius's removal; the two following motions made and proposed by him in Council, the first of which we find in the Minutes of the 8th of April in the following words, viz.

"The Chief Justice moved That this board not having hitherto had Communication of his Majesty's Instructions for making and passing Laws in this province, His Excellency the Governor be humbly requested to communicate to this board, such royal Instructions as he may have received, relative to the Legislation of this province, and he may think are proper to be disclosed to us; In order that this legislative Council may dutifully endeavour to conform themselves to his Majesty's Intentions, and that they may so far as they are able, carry into Effect his Majesty's most gracious purposes for the good Government of his Subjects in this province."[81]

This Motion conveyed in words, to which no exception seems to lye, is in effect a Call upon the governor to comply with Your Majesty's commands, by imparting to the Council such and so many of your Majesty's Royal Instructions, as he may have been directed to communicate, or may find convenient so to do; and it is our duty on this occasion to observe, that, if none of your Majesty's said Instructions had at that time been laid before the Council Board, the Motion appears fully warranted by the 7th Article of your Majesty's said Royal Instructions, by which Article your said Governor is directed forthwith to communicate such and so many of those your Majesty's Instructions to your said Council, wherein their advice and consent are mentioned to be requisite, as likewise all such others from time to time as he should find convenient for your Majesty's Service to be imparted to them: By a Communication of these Instructions, particularly the 10th, 11th, 12th and 13th your Majesty's Gracious ends and designs in the constitution proposed for the Province of Quebec, and the effectual Security to personal liberty, held forth to all men under the Common Law of this Realm, would have been fully manifested; neither do we see how the said Council, empowered as they are by Act of Parliament to all purposes of Legislation jointly with the Governor, could, without this communication be so well instructed either in their own duty, or in your Majesty's gracious Will and Pleasure, as to what might be fitting to be provided for by Law within the Province agreeable to the Act of Parliament, intituled, "An Act for making more effectual provision for the government of the Province of Quebec in North America."

Wherefore lest your Majesty's present Governor should not in due time advert to this part of his duty; and lest a constitution, calculated to promote the welfare and happiness of your Majesty's Subjects there, and adapted to the peculiar circumstances of that province, should be mistaken or withheld, we are humbly of opinion, that it should be given in Instruction to the governor forthwith to comply with your Majesty's Royal Will and Pleasure signified in the Seventh Article of your Majesty's Instructions above recited, by communicating to the Council such and so many of your Majesty's Instructions, wherein their Advice and consent are made requisite, with such others from time to time, as he should judge for your Majesty's Service to be imparted.[82]

We come now to consider the Motion made by the Chief Justice on the 23d day of April, being the Meeting of Council immediately antecedent to their prorogation, and this Motion stands on the Journal in the following words, viz.

"That Whereas by an Act of Parliament for the making more effectual Provision for the Government of this province, passed in the 14th Year of his present Majesty, It is enacted, That it should be lawful for his Majesty his Heirs or Successors in Manner as therein expressed, to constitute and appoint a Council for the Affairs of the province of Quebec to consist of persons resident there, not exceeding twenty three, nor less than seventeen; That His Excellency The Governor was pleased by an Order of the 8th August 1776 to appoint a Council (calling the same a privy Council) to consist only of five particular persons, in the said Order named, and of such others as the Lieutenant Governor should think proper to send for."

"That by Virtue of the said Order, the five persons in the said Order named repeatedly, in different Affairs of different Natures, have taken upon themselves to act as a Council for the Affairs of the province of Quebec, in Opposition to the said Act of Parliament, and in Exclusion of his Majesty's Council for the Affairs of the province of Quebec, legally constituted and appointed according to the said Act."

"That the Accounts of the Expenditures of all the public Monies for the Use of this province have been examined only by these five persons, or such others as the Lieutenant Governor chose to send for, and afterwards have been reported by them to the Governor, and by him approved, in the presence indeed of the legal Council but without their Interference, Approbation or Consent."

"That the said Approbation of the Governor in the presence of the legal Council, by some Accident has been entered in the Journals, in Words, that may naturally be understood to mean that the said Accounts have received the Approbation and Sanction of his Majesty's legal Council for the Affairs of this province."

"That these Proceedings are irregular and illegal, tend to introduce Confusion, Uncertainty and Discontent; And if not timely remedied, will give Opportunity and Means of Collusion, and Impunity to future speculation, and perversion of public Money, under any future Governor."

"The Chief Justice therefore moved that an humble address be prepared and presented to His Excellency the Governor, stating the premisses and humbly praying that he will be pleased to order convenient Remedy."[83]

This Motion, though consisting of several Clauses, strikes us, as containing an assertion, which it behoves us in the first place to examine into, and consider.

The Fact asserted by this Motion, is that your Majesty's then Governor was pleased, by order of the 8th day of August 1776, to appoint a Council (calling the same a Privy Council,) to consist only of five particular persons in the said Order named, and of such others, as the Lieutenant Governor should think proper to send for; and the Motion goes on to say, that the five persons, so named, have proceeded to act to the exclusion of your Majesty's Council legally constituted, in opposition to the Act of Parliament above mentioned.

The numbers of your Majesty's Council ascertained by this Act of Parliament to which the Motion refers, are to consist of not less than seventeen, nor more than twenty three members, and of this Council not less than a Majority are to cooperate with the governor in all Acts of Legislation, thus the Regulation stood under the Act of Parliament, when your Majesty judging it probable, that occasions might arise, when the Advice and Consent of the Council might be wanted in other matters, besides Acts of Legislation, when a Majority of the whole could not conveniently be assembled was pleased to direct, (and it stands as the second Article in your Majesty's Royal Instructions to your late Governor) "that any five of the said Council should constitute a Board of Council for transacting all Business, in which their Advice and consent may be requisite, Acts of Legislature only excepted, in which he is not to act without a Majority of the whole."[84]

By this Instruction it appears, that the Governor is impowered to proceed upon Business (Acts of Legislation only excepted) with a Board of five Councillors, if more do not attend his Summons; but it does not, as we conceive, delegate Authority to him to select and appoint any such persons by name, as he shall think fit to make a Quorum or extend to excuse him from calling into Council all such thereunto belonging, as are within convenient distance from the place of meeting.

In this sense of your Majesty's Instruction we humbly recommend it to your Majesty to direct a second additional Instruction to your Governor, which by enjoyning a discontinuance of the mode, hitherto pursued, of nominating and appointing what has been termed a Privy Council, may, by an explanation of the second Article of your Majesty's General Instructions, confirm to the Council at large the Trusts, Powers, & Privileges intended to be repared & vested in them by your Majesty's said General Instructions.[85]

This being submitted, it is our duty to lay before your Majesty the proceeding, to which the Chief Justice's Motion refers; and we find in the Minutes of Council of the 8th of August 1776, that the Governor, with the Lieut. Governor, Hugh Finlay, Thomas Dunn, John Collins, and Adam Mabane, being the only Members present, appointed the said five Members a Board of Privy Council, and ordered "That they examine & report upon the provincial accounts down to the first of May last, the Military contingent Accounts for the defence of the Province to the time of discharging the Militia of the City of Quebec; the Indian Contingent Accounts, including the Bills drawn at Oswegatche, Niagara, Detroit, and Michilimackinac, and all other accounts, which may be laid before them by his Excellency's Orders."

"That they inquire into the State of the Province with regard to the Provisions both in wheat and live stock, which it is capable of furnishing to His Majesty's Troops over and above the consumption of the Inhabitants and that they forthwith give their opinion to his Excellency upon the propriety of stopping the Exportation of those articles.

"That they take into consideration the Fees of the different Offices, & of the Attornies of the different Courts of Justice in the Province and cause a List thereof to be made out, and laid before his Excellency.

"That they also take into consideration the regulations of the Police of the Province, and cause commissions to be prepared for constituting an inferior criminal Jurisdiction in the respective Districts of Quebec and Montreal."

"That the Lieutenant Governor may cause any other member or members of the Council to be summoned to assist at the Board, whenever he shall think it necessary to consider of any matters regarding the tranquillity and good Order of the Province."[86]

Having thus at large recited the Minute to which the Motion refers, the whole of Mr Livius's conduct in Council is before Your Majesty, and submitted to your Royal Wisdom; but your Majesty having been pleased to require our Opinion in the Case, it is our duty to say, that, altho' it were much to be wished, that the last of the above recited Motions had been propounded in terms more studiously guarded, and to appearance not so offensive to the Governor; yet upon a full Review of these proceedings, without entering into any discussion of the Authority assumed by the Governor in the mode of removal, there does not appear to us good and sufficient cause for displacing Mr Livius; especially when we consider, what has been before observed, that no complaint or imputation whatever has been prefer'd against him in his Judicial Capacity.[87]

Which is most humbly submitted,

Soame Jenyns,

Bamber Gascoyne,

William Jolliffe,

C. F. Greville,

Thomas de Grey, Junr

Robt. Spencer.

  Whitehall,

March 2d 1779.


Canadian Archives, Q. 18 B, p. 131. Peter Livius had been a member of Council in New Hampshire for some years previous to 1775. See Acts of Privy Council, Colonial Series 1766-83, p. 569. In the spring of that year he was appointed by Dartmouth one of the judges of the District of Montreal, and Judge of the Vice Admiralty Court, much to the annoyance of Carleton. See Q. 12, p. 119. On the 22nd August, 1776, Germain announced to Carleton "Mr. Hey not chusing to return to Quebec, His Majesty has been pleased to promote Mr. Livius to the Office of Chief Justice of the Province, in his room." Q 12, p. 92. On 9th July, 1777, he took the oath of office as councillor and member of the Court of Appeals. Minutes of Privy Council, Quebec, Vol. D., p. 14. On the opening of the Legislative Session, 1778, on March 23rd, he took his seat. At that time Carleton was under recall, and in bitter hostility to Germain. Meantime his enmity to Livius had not been lessened by the promotion of the latter, through Germain, to the position of Chief Justice. Such was the personal factor behind the discussion of Constitutional issues.

On May 9th, Livius wrote to Germain, giving a full report to the Minister, accompanied by the documents, setting forth his version of the conditions which led up to his dismissal, and praying for an investigation of the case. A copy of this was again sent on July 9th. C.O. 42, vol. 9, p. 69. This letter was the copy received by the Minister and submitted to the Privy Council, and by them to the Committee of Council for Plantation Affairs.

Canadian Archives, Q. 18 B., p. 125.

See Carleton to Germain, 25th June, 1778. B. 37, p. 191.

Minutes of Leg. Council, Quebec, vol. D.

See C.O. 42, vol. 9, p. 101.

See Instructions to Carleton 1775, p. 602.

Minutes of Leg. Council, vol. D., p. 26.

See Instructions to Carleton, 1775, p. 597.

Minutes of Leg. Council, vol. D., p. 35.

The additional Instruction here recommended was duly issued 29th March, 1779, see p. 705.

Minutes of Leg. Council, vol. D., p. 40.

See Instructions to Carleton, 1775, p. 595.

The additional Instruction here recommended was duly issued 29th March, 1779, and follows this document. See p. 704.

Minutes of Privy Council, Quebec, vol. D., p. 1.

On July 19th, 1779, Germain sent to Haldimand, a mandamus to re-appoint Peter Livius, Chief Justice of the Province of Quebec. Q 16-1, p. 62. See also Germain to Haldimand, B 43, p. 63.

 

[L.S.]

George R

Additional Instruction to Our Trusty & Welbeloved Frederick Haldimand Esqr Our Captain General and Governor in Chief C.O. (Quebec 1768-1787 Vol. 1.) in & over Our Province of Quebec in America, & of all Our Territories dependent thereupon. — Given at Our Court at St James's the Twenty Ninth day of March 1779. In the Nineteenth Year of Our Reign.[88]

Whereas by the Second Article[89] of Our Instructions to You the Governor of Our Province of Quebec, We have thought fit to direct that any five of the Members of Our Council for that Province shall constitute a Board of Council for transacting all Business, in which their Advice & Consent may be requisite, Acts of Legislature only excepted, in which case you are not to act without a Majority of the whole. And Whereas it is highly fitting & expedient that no misrepresentation of Our Royal Will & Pleasure in this Instance should continue or obtain, We do hereby direct & require that this Article shall not be understood to delegate Authority to you Our Governor to select & appoint any such Persons by Name as you shall think fit to make such Quorum, terming the same a Privy Council, or to excuse you from summoning to Council all such thereunto belonging as are within a convenient distance. — On the contrary that you do take especial Care to preserve the Constitution of Our said Province free from Innovation in this respect, to which intent you shall communicate this Our Royal Will & Pleasure to our said Council, that so the Trusts, Powers & Privileges which We have thought fit to vest in them by Our General Instructions may by this express Signification of Our Purpose, be in future ascertained & confirmed.

G. R.


This is one of the additional instructions recommended in the previous document, see p. 703.

See 2nd article of Carleton's Instructions, 1775, p. 594, and which remained unchanged for Haldimand.

 

George R.

(L.S.)

Additional Instruction to Our Trusty & Well beloved Frederick Haldimand Esquire Our Captain General & Governor in C.O. (Quebec 1768-1787 Vol. 1.) Chief in and over Our Province of Quebec in America, and of all our Territories dependent thereupon. Given at our Court at St James's the Twenty Ninth day of March 1779 In the Nineteenth Year of Our Reign.[90]

Whereas it is fitting, and Our Royal Purpose, that Our Council for the Province of Quebec under your Government, should be fully informed of Our Gracious Intentions in the Constitution proposed for Our said Province, to the end, that they may jointly with You Our Governor and agreably to the Powers vested in them by Act of Parliament carry Our said Intentions effectually into execution to the benefit of Our Service, & to the ease and security of all Our Subjects, Inhabitants of the said Province. It is Our Will & Pleasure and you are hereby strictly directed and required if you shall not have carried Our Royal Instructions for that purpose given already, into effect; upon receipt hereof, by the first opportunity & without delay, to communicate to Our said Council, such and so many of Our said Instructions wherein their Advice and Consent are made requisite, with such others from time to time, as you shall judge for Our Service to be imparted to them.[91]

G. R.


This Additional Instruction was also recommended by the Committee of Council in their review of the Livius case. See p. 701.

Haldimand, who had adopted Carleton's policy, naturally did not relish the Instructions received, and in a despatch to Germain of 14th Sept., 1779, marked "Secret and confidential," after referring to other matters, he takes up the question of the additional Instructions: "From the State of the Province herein exhibited, your Lordship will please to consider, whether, consistently with the King's Service, the additional Instructions sent over this Spring, ought positively to be attended to, and followed, whether every Measure of Government ought to be exposed, and laid open to that mixture of People which compose our Council, and whether it is not more probable that the generality of its members will rather incline to the particular and concealed Interests, to which they lean, or which is more probable, be biassed by what they conceive to be their private and particular Interest, than act upon Just and liberal Motives for the good of the State in general." Q 16-2, p. 591. See also Q 16-2, p. 616. He therefore withheld the two Instructions of March 29th and continued his previous course. When these facts, including Haldimand's explanations, were laid before the Board of Trade they passed judgment upon his conduct. See p. 722.

 

George R.

[L.S.]

Additional Instruction to Our Trusty and Welbeloved Frederick Haldimand Esquire, Our Captain General and Governor in C.O. (Quebec 1768-1787 Vol. 1.) Chief in and over Our Province of Quebec in America, or to the Commander in Chief of Our said Province for the Time being. Given at Our Court at St James's the Sixteenth day of July 1779. In the Nineteenth year of Our Reign.

Whereas it is expedient and agreeable to Our Royal Will and Pleasure that Our Subjects Inhabitants of Our Province of Quebec, under your Government, should have, and enjoy every Benefit and Security resulting to them from a speedy and effectual Distribution of Law and Justice, according to the principles of the British Constitution, as far as the same can be adapted to their peculiar Circumstances and Situation. And Whereas according to the practice of the Courts of Civil and Criminal Judicature, as constituted by the Ordinances now in force, the Official Duty of the Chief Justice of Our said Province is confined to Causes of a Criminal Nature only except in Cases of Appeal, where he sits in common with the rest of Our Council. In Consideration hereof, and to prevent (as far as in Us lies) the Frequency of Appeals, It is Our Will and Pleasure and you are hereby strictly enjoined and required, by and with the Advice and Consent of Our Council in their Legislative Capacity assembled to frame an Ordinance to be passed for the purpose of explaining and amending the Ordinances before mentioned by directing and enacting that the Chief Justice shall preside and be made a Member of the Court of Common Pleas, and as such shall sit in the said Court four times in the year at Quebec, & twice in the year at Montreal, at the latter place immediately after, or before the present Circuit Business, as shall be deemed most convenient, that notwithstanding his having given his Opinion in the Court below he shall sit and give his Opinion in the Court of Appeal, that such Court of Appeal shall consist of four persons besides the Chief Justice to be nominated by the Governor or Commander in Chief for the time being from among the Members of Our Council, and approved and confirmed by Us, together with the Judges of the Court of that District from whence the Appeal does not come, the Lieutenant Governor of Our Province not to be one; That of these persons five to be a Quorum for the Dispatch of Business, the Chief Justice or the Person or one of the Persons officiating in that Capacity always to be one; And that the said Court of Appeal be confined to examine Errors of Law only taking the Facts, as stated in the Transcript transmitted by the Court where such Cause shall have been determined, & without going into New Evidence, or re-examining the Evidence before taken.[92]

G. R.


A memorandum drawn up by Mr. Livius, without date but evidently while he was in Britain, proposed an amendment to the judicial system of the Province: "In order that impartial & Substantial Justice may be easily attained in Canada by a course of Law, three Points are principally to be attended to:" The three points are, — "First — to interpose such an Authority between the Sword & the People, that they may not be oppressed by any Person using the Generals name." &c. 2dly, "To divide the supreme Judicial from the Legislative Authority which are now conjoined in precisely the same Persons, viz the Council:" &c. 3rdly "To establish some Judicatory for small causes arising at a great distance from the Seat of the Ordinary Court in each district." These features, and especially the latter two, are discussed at some length, with detailed suggestions for bettering the system. See Q 16 — 1, p. 3. On May 6th the Lords of Trade sent an official communication to Richard Jackson, the Counsel of the Board, saying that it had under consideration "what Amendments it may be expedient to propose to His Majesty in the constitution of the Courts of Common Pleas within the Province of Quebec," Hence they "desire your opinion for their Lordships information, 'whether it is not fitting and expedient for the better distribution of Justice in Matters of Property, that the Chief Justice, (whose function is at present confined to the cognizance of Criminal Causes only) should also preside in the Courts of Common Pleas established for the Districts, into which the Province is divided; and if so, at what, and how many periods in the course of the year his presence should be required so as best to satisfy the convenience of Parties resorting to his judgment, and least to interrupt and obstruct the other Duties of his office; also whether any objection lies against his sitting as a member of the Council upon Appeals from Courts, where he has presided in judgment upon the causes; and if so, what regulations you would recommend as to his interference in the Council upon such Appeals, whether by barring him from Vote, or even from Debate, unless called upon to give information in the same, likewise whether any regulation is advisable as to the persons composing the Council in cases of Appeal; and whether in such cases the Council, shall proceed to examine and correct all Errors both of fact and Law, and admit new or further Evidence.'" Q 18 — B, p. 157. Jackson reported in favour of the proposed change, and most of his suggestions were embodied in the Instruction. C.O. 42, v. 9, p. 106. On July 1st the Board of Trade reported to the King in Council on the system of justice in Quebec and the Ordinances passed there in 1777, "and we thereupon humbly beg leave to represent to your Majesty, that, however it might have applied to your Majesty's Governor and Legislative Council, that these Ordinances would be adequate to the Salutary purposes for which they were framed, we find on the best information, that they are in many instances insufficient, and particularly for that the official duty of the Chief Justice is thereby confined to matters criminal and cases of Appeal; and that the frequency of Appeals from the Courts of Common Pleas, under their present Establishment, is attended with every manifest inconveniencies to your Majesty's Subjects," Q 18 — B, p. 160. After this follows the substance of the Instruction here given. On Oct. 24th, 1779, Haldimand acknowledged the receipt of this Instruction and promised to lay it before the Council, though he doubts the wisdom of making any changes under the existing circumstances of the Province. He promises during the winter to give his views on such alterations as appeal to him practicable. See Q 16 — 2, p. 621.

OPINIONS OF MEMBERS OF COUNCIL ON EXECUTING THE INSTRUCTIONS OF 16th JULY 1779.[93]

The question now is,

Whether it is expedient

to put in execution His

Majesty's additional Instruction

To His Excellency

the Governor dated in July

last, requiring alterations

to be made in the courts

of Appeals and Common

Pleas.

Every Member of this Honorable Board is, no doubt, well inclined to pay all due obedience to the King's commands — The alterations required by His Majesty are expressly said to be for the purpose of benefitting his subjects in this province, by an expeditious and efficacious distribution of Justice, founded on the principles of the British constitution: I therefore conclude that the ordinances of this province for establishing courts of civil Judicature have been laid before the great Law-Officers, and in consequence of their Report and Advice, the Instruction now before us has been framed. For that reason, it would be high presumption in me to suppose that the alterations which his Majesty enjoins to be made, would not be productive of the good intended; It is therefore my Advice that an ordinance be passed, deviating as little as possible from the great Outlines laid down in the Instruction, but to have its operation suspended untill his Majesty's further pleasure is known.

The intention of the suspension is to give time to the members of this Board (who apprehend that the alterations required will hurt, rather than prove beneficial to the subject) to state to the Minister, thro' His Excellency the Governor the evils that may, in their opinions, probably result, from a change in the present mode of administring Justice. I would wish humbly to represent that I think the person appealing from the sentence of a court, to a higher court, where a member of the court appealed from, sits as President, may count on the President's voice and influence. I would likewise represent that there ought to be four Terms annually at Montreal, instead of Two.

I am of opinion that this Board may guard against every inconveniency, in framing the Law. We may certainly make deviations of this nature without incurring censure, as having acted contrary to his Majesty's gracious Intentions.

(Signed)

HUGH FINLAY.

Quebec 14th February

             1780.


Canadian Archives. See Minutes of Leg. Council, vol. D., p. 62. On February 11th, 1780, Colonel Caldwell moved that the following question be put, "Whether it is the opinion of the Board, that an Ordinance, such as is directed by the King's additional Instruction of the 16th of July, 1779, would be for the advantage of this Province, and would tend to a more speedy and equal distribution of Justice?" Ibid. p. 61. On February 14th, the motion was voted upon and defeated by 12 to 6. It then formally "voted and resolved that an Ordinance such as is directed by the King's additional Instruction of the 16th July, 1779, would not be for the advantage of this province, nor tend to a more speedy and equal distribution of Justice." Whereupon, "Mr. Finlay, Mr. Cuthbert, Mr. Pownall, Mr. Allsopp, Mr. DeLery, and Mr. Grant, moved that their reasons, for their voices upon this Question might be incerted in the Minutes, resolved accordingly." Ibid. p. 62. Their opinions are recorded as here given. Following Mr. Finlay's opinion comes that of Mr. Cuthbert, who simply states that "Having considered the same I am of opinion that the Ordinance so required by His Majesty's Instructions should pass into a Law, under such Regulations as may be thought necessary for the Good of the Province; and desire this my Vote may be entered in the Minutes of Council." Ibid. p. 63.

Hugh Finlay occupied the position of Deputy Postmaster General in Canada, an Imperial appointment.

OPINION OF GEO. POWNALL.[94]

With respect to the Regulations proposed in His Majesty's Instruction being carried into immediate Execution, being to the Advantage and benefit of the province, I think in the present unsettled and disturbed situation of the province, it would not.

With regard to its being the means of administring more speedy and effectual Justice;

In this point I confess myself both diffident and hardly able to form my Judgment, But I have so great respect, and so high an opinion of the wise and deliberate Consideration under which these regulations have been formed before recommended to this Council, and I am so sensible of the want of some Regulation in one of the Courts of Law of this province, that I recommend, as the best advice my Judgment is able to form, that the consideration and formation of the Ordinance recommended, be put off till the next Year, or some time of more Tranquility and Regularity.

(Signed)

GEO: POWNALL.


Canadian Archives, Minutes of Leg. Council, v. D., p. 63. Geo. Pownall came with Chief Justice Hey in 1775, having been appointed by Dartmouth as Clerk and Registrar of the Legislative Council of Quebec.

OPINION OF GEO. ALLSOPP.[95]

Mr Allsopp's opinion is that it would be for the advantage and benefit of the province to advise the Governor,

That an ordinance be framed and passed in conformity to his Majesty's royal additional Instruction bearing date at St James's the 16th day of July 1779, with a saving clause to the following purport;

That neither the chief Justice nor any other Judge of the courts of Appeals or Common Pleas shall have two voices, or a preponderating voice in any of the sd courts, there appearing by this new regulation to be intended eight Judges in the court of appeals, and four in each of the courts of Common Pleas; and therefore, to remedy the inconvenience of an equal division of voices, Let it be enacted, That when the voices shall be equal in the Courts of Common Pleas, the eldest member of the Council, not being one of the Judges of the said Courts, shall be added to the Judges so divided in opinion, and the cause reheard — And when it shall so happen that the Voices in the Court of Appeals shall be also equally divided, That there be added to the Number of Judges in that Court, the eldest member of the council, not being a Judge of either of the Courts of Common Pleas, nor having before sat on the Cause, and the Cause reheard.

(Signed)

GEO: ALLSOPP.


Canadian Archives, Minutes of Leg. Council, v. D., p. 63. Geo. Allsopp was one of the original British settlers in the Province of Quebec, and took a prominent part in maintaining the rights claimed by that element, including the rights of the civil as against the military authority. In 1768 he was appointed by Carleton as Deputy Secretary, Registrar, and Clerk of the Council. When, in 1775, Mr. Geo. Pownall was appointed Secretary and Registrar, Allsopp lost his office, but was shortly afterwards appointed a member of the Legislative Council. In Haldimand's time he was a merchant of Quebec. Following Allsopp's opinion came that of Wm. Grant of St. Roc, which was somewhat lengthy, but the substance of which was as follows: He points out that by the Quebec Act the power of erecting courts and appointing judges is vested solely in His Majesty, and in the Instruction referred to, His Majesty enjoins that an Ordinance be framed by the Council to amend the Ordinance now in force relative to the Courts of Civil and Criminal Jurisdiction. The Court appointed may not be ideally good, but it is better than the one now existing and more in accordance with the British Constitution. A court with judges who know the law is better than one with judges who have only common sense. He then specifies certain features which are objectionable and gives it as his opinion that there should be four terms in the year for Montreal is well as for Quebec. See Minutes of Leg. Council, v. D., p. 64. Mr. De Lery merely stated his opinion that they should follow the Instruction of the King. Ibid.

OPINION OF MAJORITY OF LEGISLATIVE COUNCIL ON THE INSTRUCTION OF JULY, 1779.[96]

To His Excellency Frederick

Haldimand Captain General

and Governor in Chief, in

and over the province of

Quebec &ca &ca &ca

The Address of the Legislative Council in Council assembled.

The Legislative Council having taken into Consideration His Majesty's royal Instruction of the 16th of July 1779,[97] and being of opinion that the passing an ordinance in conformity thereto, would neither tend to the good of the people of this province, nor to a speedier or more impartial administration of Justice, beg Leave to communicate to your Excellency the reasons upon which that opinion is founded.

The present ordinances establishing courts for the administration of Justice[98] were framed and prepared from, and are agreeable to his Majesty's 14th and 15th instructions[99] to the Governor of this province so far as the local circumstances thereof would permit, and have been found to answer the good purposes for which they were intended; Whereas the Change proposed of the same person presiding in the Court of Appeals and giving a Voice there in causes which he had already decided in the inferior court, would undoubtedly lessen that confidence which the people ought to have in the impartial administration of Justice, and which is so necessary to the peace and tranquility of Society.

It is likewise to be observed that in the Quebec Bill all Causes relative to civil rights and property, instituted in the Courts of Justice, in this province, are to be determined agreeable to the Laws and Customs of Canada, of which Laws and Customs the Judges who at present preside in the Courts of Common Pleas for the Districts of Quebec and Montreal have had fifteen Years Experience and Study.

Upon the Establishment of civil Government in the Year 1764, the Governor and Council adopted the Mode of Terms,[100] and for several Years that mode was followed, when in the Year 1770 it was laid aside as having been found not adapted for this province.[101] The people had been accustomed to weekly courts, and in a small country, such as this is, Terms were too conspicuously made use of for the purpose of procrastination and delay in the decision of causes, not to have given dissatisfaction.

The having four Terms at Quebec and only two at Montreal, which is by far the most populous, and most commercial of the Districts, is an additional objection to that Mode proposed by the Instruction.

For these reasons, and after the most serious and deliberate consideration of the expediency of such regulation being put in force, our respect and attention to the rights of the crown, and our earnest wish for the welfare of his Majesty's Government, of which your Excellency, we hope, is sensible, oblige us to the necessity, though with the greatest Respect to the high Authority by whom the measure has been recommended, to differ so far in opinion.

We have further to add that the plan by which we have regulated our conduct, as the Legislative Council, has been to pursue those measures which appeared to us the best calculated to secure the province to his Majesty and to keep it dependent on Great Britain. We are sensible that some Alterations may and ought to be made in the Laws and Customs of Canada. But we apprehend that in the present critical state of the british Empire in America, Innovations in this province might be improper; And it is with regret we find ourselves obliged by our duty to the King, to mention to your Excellency the bad effects which the Reports circulated every summer of changes to be made in the mode of administring the affairs of the province have upon his service. They disquiet the Minds of the people and furnish plausible pretences to the Emissaries of the revolted Colonies and the other Enemies of the State, to insinuate that nothing is permanent under a british Government; and the Quebec Act, the result of the generous and tolerating spirit, which distinguishes an enlightened Age and Nation, was the effect of an interested policy, and would be repealed as soon as the ends for which it was made were effected.

H. T. CRAMAHÉ

      P. L. C.

Council Chamber

             7th March 1780.


Canadian Archives, Minutes of Leg. Council, Quebec, v. D., p. 90. This expresses the opinion of the majority of the Council. The original form of this address cast a slur upon the Chief Justice, and, by implication, upon the Board of Trade, hence Haldimand referred it back for amendment. See Ibid., p. 76-7, also p. 81.

See p. 706.

See pp. 679-690.

See p. 600.

See Ordinance of 1764, p. 205.

See Ordinance of 1770, p. 401.

HALDIMAND TO GERMAIN.[102]

Quebec 25th October 1780.

Lord Geo Germain

My Lord,

The Minutes of the Proceedings of the Legislative Council with the Ordinances[103] which have been passed and to which my assent has been given, are transmitted in the Danae Frigate, no safe opportunity having presented itself during the course of the Summer — This letter will necessarily be a long one, I have now been upwards of Two years in the Province and in some respect qualified to give your Lordship an account of the real state of Persons and things. It may be the means of rendering my correspondence with regard to the Civil Affairs of the Province less Prolix for the future.

I have frequently been much embarrassed and upon many occasions have been intirely prevented from carrying into execution measures which I have considered as necessary for the safety and Defence of this Province and its Frontiers from the exhausted state of the King's Magazines with regard to Provisions and from the Difficulty as well as enormous Expense of supplying the Defficiency in the Province.

It was therefore with Indignation & Regret that in March 1779, in consequence of an express from Halifax to Messrs Drummond and Jordan, I saw a successful attempt on their part and that of several Merchants or Traders to engross the Wheat and enhance the Price of Flour. — At that time there was not the least shadow of scarcity, but in less than a Fortnight the Price of Wheat was raised from 4 shillgs or 4/6 per Bushel to 6/ and upwards. I lost no time with the advice of a Quorum of His Majestys Council to forbid the exportation of Provisions, and to issue a Proclamation against ingrossing, forestalling and regratting:[104] The evil was not remedied, but the Price of Wheat was by various Artifices, assisted by a Bad crop in the District of Quebec, tho' that in Montreal District was tollerable, raised early in the Winter to Ten shillings per Bushell.

It could not escape my observation that the Merchants des Côtes, who went up and down the Country, & who by purchasing small quantities of Wheat at a very high Price, engaged the Inhabitants on the River Chambly & Sorrel to keep up the remainder of their Wheat in hopes of a still greater Price, were under the influence and supported by the credit of such Merchants as were most disaffected to Government. Perhaps it is not going too far to suspect in some, worse motives than the love of gain, for a conduct, which rendered every Farmer's House in the Parishes of that part of the Country, where an Invasion if attempted during the Winter, must take place, a Magazine of Provisions for an Enemy, who from the difficulty of Transport and other local circumstances could not bring any with them.

The Magistrate[s] of Quebec & Montreal had found it very difficult to oblige the Bakers to continue the exercise of their Trade,[105] and still more so to procure Flour for the daily and immediate consumption of the Towns. The Poor suffered much and all Ranks of People looked up to the meeting of the Legislative Council as the time when something effectual would be done for the relief of the Poor, and to put a stop to a spirit of ingrossing which had perverted the Province. Therefore I ordered the Legislative Council to assemble on the 27th of January and recommended the high Price of Wheat & Flour (the first being at that time at ten Shillings per Bushel, the other at 40/. per 100 lbs for the worst of Flour) to their serious consideration.[106]

A Committee consisting of Messrs Finlay, Dunn, Cuthbert Harrison, Alsop, St Luc, Gugy, Grant & Baby were appointed to consider and propose ways and means to reduce the high Price of Wheat & Flour. Their Report was that an Ordinance should be made to prevent the exportation of Provisions for a limited time, and that an address should be presented to me, requesting a Renewal of the Proclamation against ingrossing &c. — 

This did not appear sufficient to many members of the Council, who considered that tho' the exportation had been prevented last summer, and that tho' the Proclamation, of which the Renewal was requested, had been published early in the Summer — The Price of Wheat and Flour had been gradually raised to an exhorbitant highth, not from any real scarcity, but from the avarice of Ingrossers. It was therefore proposed that an Ordinance should be passed or a clause added to that for non exportation, fixing or rating for a limited time or untill the new Crop could be got in, the Price of Wheat and Flour. This was the more necessary as otherwise there would be a risk of great part of the Lands in the District of Quebec remaining unsown, as the Inhabitants could not afford to give 10/- per Bushel for Seed Wheat.

This gave occasion to much altercation and great variety of Argument, the Attorney General[107] was applied to for his opinion as some Members contended that the Legislative Council had under the Quebec Bill no authority to levy Taxes or impose Duties, and that fixing the Price of Wheat And Flour was Synonimous to imposing Taxes or Duties: His opinion coincided with theirs, but as it was couched in a mysterious manner as if it had been founded more upon the words in which the Question was stated than the merit of it, It was Proposed to have the sense of the Legislative Council with regard to the Legality of the measure, as if the Legislature had not the authority it was in vain to reason on the Expediency of the measure this Proposal so necessary to the Discussion of the Measure in question and seemingly so essential to the Authority of Government, was overruled by one Voice. It was then Proposed whether the price of Wheat and Flour should be fixed by Ordinance for a limited time, and it was resolved by a Majority of one voice in the negative — Messrs Cramaché, Finl[a]y, Dunn, Cuthbert, L'Eveque, Collins, Pownall, Alsop, De Lery, Harrison & Grant being against fixing the price — Messrs Mabane, St Luc, Bellestre, Gugy, Fraser, Caldwell, St. Ours Longue[u]il, Baby and Holland being for it. Not willing to disturb the Proceedings of the Legislative Council, the Gentlemen who wished to fix the price, did not immediately signify any desire to file their reasons of Dissent, but at a subsequent meeting when only Three of them were present, they Proposed to have their reasons of Dissent incerted in the minutes, as it would be the certain means of having the opinion of the proper Law Officers in England on the Legality of the measure, as it was of much Consequence to the good of the Province that the question should not be left in Any respect doubtful. This Proposal tho' reasonable in itself was refused under pretence of Form, tho' as yet there is no kind of Form established by the Legislative Council for its proceedings. The Paper was filed in the Council Office, it is here annexed as well as the opinion of Mr Williams,[108] the only Lawyer of any note, except the Attorney General, and I beg that Your Lordship will lay the reasons of Dissent, the Attorney General's and Mr. William's opinions before the proper Law Officers.[109]

However diffident I might be of my own opinion with regard to the Legality, I could entertain no doubt of the expediency of the measure. It was the only one that could without delay reduce the high Price of Provisions and check the Spirit of speculating in the necessaries of Life, which is equally prejudicial to the Welfare of the People as to the service of the Prince. Notwithstanding the other measures which the Legislature adopted and which I will Afterwards mention, the exhorbitant price of Wheat and Flour continued the same, or rather increased, till the certain prospect of a new & plentiful crop lowered it a little about the latter end of August, but not till after I had been under the necessity to order the Commissary General to purchase Flour at a high rate from the Ingrossers, who thus in spite of all my efforts have profited by the Public Distress

When it is considered that Great Britain is engaged in an expensive War, and which is carried on at 3000 miles distance by which the supplies of Provisions &c. are exposed to the Danger of the sea and Powerful enemies, it becomes the Duty of every good Citizen to do every thing in his Power to Diminish the Price of Provisions, as by that means Government may be enabled to establish and fill Magazines so as to obviate the Bad Consequences which might arise from the Provision Fleet from Europe for New York, & the Northern Parts of America falling into the Hands of the Enemy, or an Enemy's Fleet being the first in the River St. Lawrence. This Country is in peculiar Circumstances, whilst the Rebellion continues in the neighbouring Colonies, little or no Resources can be had from Importation, which is the natural means to Reduce the Price of any Commodity, besides, the Climate absolutely prevents it for seven months of the Year, hence occurs the great necessity of Government taking precautions to Secure Bread for the People, as well as for the Army: Humanity, as well as Policy justifies the measures — a few Interested Traders would have been dissatisfied and would have endeavored to have made a Clamor against it in London, but in Canada it would, instead of a Revolt which some People affected to fear, have given general Satisfaction to the Canadians who looked for it and Stood in need of it, & would have given them a Confidence in that Government, whereas there are not wanting people to insinuate to them that they could not rationally expect Redress from a Council, one half of which at least was Composed of Dealers in Wheat & Meal Mongers.[110] — 

The Legislative Council, having resolved not to fix the Price of Wheat and Flour by Ordinance, were pretty unanimous in preparing & passing one to prevent the exportation of Provisions for two years, tho' there is nothing repugnant to the Laws of Trade in the Ordinance, — Yet not to interfere with the Custom-house, the Legislative Council required the Naval Officer to take the Bonds &ca tho' that Business could have been done with more ease to the Merchants at the Custom-House. The Ordinance received my Assent & I hope will next Year be productive of good Consequences in keeping low the Price of Provisions, as I will on my part be Careful that the Respective Officers be diligent in putting it in Force.[111] — 

As many of the Members who were averse to fixing the Price of Wheat and Flour, had declared their Readiness to Concur in passing an Ordinance against Ingrossing, Forestalling & regratting in place of the Address to me for the Renewal of the Proclamation, the Heads of an Ordinance were prepared accordingly. In consequence of the successful attempt to engross the Wheat in the Spring 1779, which I have already mentioned to Your Lordship, I had Consulted the Attorney General & Received his opinion in writing that the Statute of Edward the sixth against Ingrossers Forestalled & Regrattors was in force within this Province. In Conformity with that Opinion and with the advice of a Quorum of the Council I issued a Proclamation declaratory of that Law, & of the Method of convicting Offenders by the Justice of the Peace in their Quarter-Sessions without the Intervention of a Jury which in this Case was the most advisable mode of Prosecution, as the Old Subjects who give the Ton on Juries are Traders and few of them have any Objection or Scruple to get Money whether by Ingrossing, Forestalling or Regratting

The Legislative Council made the Same Statute the Basis of the Ordinance & extended the Offence of Ingrossing and Forestalling to the Proprietors of milk & Manufacturers of Flour, As otherwise a Combination of Five or Six of these Men by buying up a Large Quantity of Wheat, would have been Sufficient to Raise the Price of Flour to whatever Sum they pleased. This gave great Umbrage to Messrs Cuthbert, L'Eveque, Alsop & Grant, who all have or proposed to have great dealings in Wheat and Flour. The Majority however felt the necessity of something being done, The Ordinance was passed and Received my Assent. It was printed & ready to be published, when fortunately it was discovered by Mr. Powell,[112] an Attorney at Montreal, who was employed to deffend an Ingrosser against whom a Prosecution had been Commenced, that the Statute of Edward the VIth had been Repealed.

The Legislative Council had agreable to that Statute inflicted the Penalty of the Pillory (which, as Carreying Infamy with it would have had great Effect in deterring Canadians) upon Persons Convicted of the third Offence. The Quebec Act restrains the Legislature of this Province from Carrying into Execution without His Majestys Previous Approbation, any Ordinance inflicting Severer Penalties than Fine or three Months Imprisonement — I was therefore under the necessity to re-assemble the Council, to alter that Clause of the Ordinance, as likewise the Title of it[113] — I cannot Suppose that the Attorney General concealed from me or the Legislative Council any knowledge he may have had of that Statute being repealed, at the same time I must acknowledge to You My Lord that there have been many things in that Gentleman's Conduct, which Tend to destroy that Confidence which I should have in the Person who fills that Employment.

I had in my Speech to the Council[114] recommended to their consideration the Fees which were taken by the Officers of Government & mentioned those taken by the Lawyers as particularly Complained of — 

Law-Suits in general are more owing to the Inhability than want of Inclination in people to pay their Debts, hence the Rapacity of the Lawyers was the more Conspicuous, as falling heavy upon the Poorer sort of People tho' there was but too much Cause of Complaint in the other Departments.

Governor Murray had in the Year 1765 published an Order of Council wherein he regulated the Fees of the Officers of Government and of the Lawyers at a Reasonable Rate, but after his Departure little Regard was paid to that Order except in the Courts of Common Pleas, & its Authority ceased entirely in May 1775.

Sir Guy Carleton had in the Sessions 1775 proposed to Regulate the Fees of Office & had that Business very much at heart. Committees were appointed for that Salutary purposes & tho' many Obstacles were thrown in the Way, great Progress was made. The Ordinance was lost for that time by Sir Guy Carleton's putting an End to the Session in Consequence of Motions made in Council by Mr. Livius & others.[115]

The Business was in itself complicated & difficult, but it became more So from the Circumstance of many of the Officers of Government, whose Fees were to be Regulated, being Members of the Legislative Council. The Committee had many Obstacles to Surmount & particularly from the D. Surrogate of the Admiralty and the Attorney General. The D. Surrogate inserted that the Court of Admiralty in England had alone the Right to Regulate the Fees of the Vice Admiralty Court, where Parliament had not already done it, — This Matter was at last made easy by a Letter being produced to the Committee from the Secretary of the Treasury to Mr. Cramahé at that time Commanding the Province, acquainting him that the King had allowed the Judge of the Vice Admiralty Court at Quebec a Salary of £200 per Annum in lieu of all Fees. — 

The Attorney General claimed the Fees taken in the Leeward Islands in Consequence of words incerted in Mr. Suckling's Mandamus (tho' that Attorney General's Fees are regulated in Govr Murray's Order of Council in the Year 1765) and implied in Mr. Monk's Mandamus, which intitled him to all Fees taken by his Predecessors — . He was Supported in his Claim by Messrs Finlay, Cuthbert, Alsop & Grant, who however willing they may be to Circumscribe the King's Authority in measures of General Utility to his Service & the Welfare of his People, are for carrying on to the greatest heighth his Prerogative to grant Letters Patent for the Emolument of Individuals tho' to the Oppression of the People — The Ordinance was Passed & received My Assent.[116] The Fees in general are by far too high, and more than the People of this Province can bear. — The Price of Provisions and other necessaries of Life have risen So much within these few Years that a greater Reduction of the Fees could not well have taken place at present. The Ordinance is to be in force for two Years. at the expiration of that time It is to be hoped that the Legislature will be enabled from Experience to make a more perfect List of Fees, more permanent & less burthensome to the People for the Officers of this Province, than the present one agt which they nevertheless exclaim

There was an Ordinance passed & assented to, relative to the Maitres des Postes,[117] many Members were averse to the Legislative Councils interfering in that Business for the present as they wished during the Continuance of the War at least that it was annexed to the Quarter Master Generals Department, or to that of the Inspectors of the Corvées. — They Coincided nevertheless with the other Members who perhaps pushed it more with a view to the Benefit of an Individual than to any Advantage which might Accrue to the Public, Care however was taken that I, as Governor of the Province should have the Intire Authority in appointing Such Inspectors & giving them Such Instructions as I pleased. This Business is of more Consequence to the Safety of the Province than would at first Sight Appear, but it remains with me to put it into the Hands of Such Officer of Government as I can Confide on, & it is at present under the direction of Mr. Finlay, who has Talents & Experience in that Department. — [118]

In my Speech to the Legislative Council[119] I mentioned the Additional Instruction of the 16th of July 1779, which the Lieut Govr by my order communicated on the 28th of January with the Letter from Your Lordship accompanying it. I will give Your Lordship an Account of the Transactions which it gave rise to, without having regard to Dates in the minutes of Council in the Same Manner as I have done that of the Wheat Business.

Mr. Alsop moved that the L. Council Should previously address me to Communicate any other Instructions which I may have Received relative to passing Laws &c.[120] — He had in Conjunction with Mr. Livius & others observed the Same Conduct the Second Sessions of the Legislative Council, and which contributed to Embroil the Council with my Predecessor. The Motion was considered as indecent & rejected by a Great Majority of the Council, many of Whom knew that Mr. Livius & others had a Copy of Sir Guy Carleton's Instructions in their hands at the same time they were teizing him with motions in Council to Communicate them. The Lt. Govr nevertheless Acquainted the L. Council at their next meeting that I had two more Instructions, which I did not think proper to communicate for Reasons, which I would give to the King.[121] Some Members wishing that a Distant Day Should be appointed for taking the Instruction into Consideration, It was Resolved accordingly, and in the mean time the Instruction was ordered to lie on the Table for the Consideration of the Members.

On the Day Appointed for that Business Mr. Caldwell moved that the Question Should be put; whither passing an Ordinance agreable to the Instruction of the 16th July[122] would either contribute to the Good of the People, or to the speedy & impartial Administration of Justice? A great Majority was of Opinion that it would not.

It was with Equal Regret that the L. Council found themselves under a Necessity to withhold their Assent to a Royal Instruction and which had been proposed by the Governor of the Province in Order to be Carried into Execution. It was therefore resolved on motion of Mr. Mabane that an Address Should be presented to me containing the Reasons.[123]

The other Business of the Sessions prevented the Address from being presented till the 7th of March. Tho' I was convinced of the Strength and Truth of the Reasons which were contained in it. I disapproved of the Manner in which some of them were expressed and therefore remanded it to be re-considered by the Legislative Council[124] — : However irregular Some of them might think this proceeding, the Majority did not hesitate to alter the Expressions which had given me Offence. Mr. Caldwell further Moved that the Original Address should be expunged from the Minutes. — This was Strongly & very inconsistently opposed by Messrs Finlay, Alsop & Grant, who, tho' they had voted against it, yet as it was capable of giving me Offence or of indisposing the King's Minister against the Majority wished Ardently that it should remain on the Minutes. In this the Majority acquiesced. Thus the Original Address is preserved in the Minutes.[125] I inclose you that, which was presented to me,[126] with an authenticated List of the Causes which had been decided in the Court of Appeals. I likewise inclose the opinion or advice which Messrs Finlay, Alsop, Pownall & Grant gave me on the Occasion,[127] all of them are Sensible either of the Impropriety or Impracticability of Carrying the Instruction into Execution, & yet they are dissatisfied with the Legislative Council for not having passed an Ordinance in Conformity to it. Such Conduct needs no Comment, Party Spirit is the Enemy of every Private, as well as Public Virtue, since my Arrival in the Province I have Stiered Clear of all Parties and have taken great Care not to enter into the Resentments of my Predecessor or his Friends, but this present Occasion obliges me to Declare to Your Lordship that in general Mr. Livius's conduct has not impressed people with a favorable Idea of his Moderation, At the same time My Lord that I do not in the least call in Question the Propriety of the Decision which has been made by the highest & most respectable Authority.

As it is my Duty, it has been my Business to inform myself of the State of the Country & I coincide with the Majority of the Legislative Council in Considering the Canadians as the People of the Country, and think that in making Laws and Regulations for the Administration of these Laws, Regard is to be paid to the Sentiments and Manner of thinking of 60,000 rather than of 2,000 — three fourths of whom are Traders & Cannot with propriety be Considered as Residents of the Province. — In this point of view the Quebec Act, was both just and Politic, tho' unfortunately for the British Empire, it was enacted Ten Years too late — It Requires but Little Penetration to Discover that had the System of Government Sollicited by the Old Subjects been adopted in Canada, this Colony would in 1775 have become one of the United States of America Whoever Considers the Number of Old Subjects who in that Year corresponded with and Joined the Rebels, of those who abandoned the defence of Quebec in virtue of Sir Guy Carleton's Proclamation[128] in the fall of the same Year, & of the many others who are now the avowed well wishers of the Revolted Colonies, must feel this Truth however national or Religious Prejudices will not allow him to declare it.

On the other hand the Quebec Act alone has prevented or Can in any Degree prevent the Emissaries of France and the Rebellious Colonies from Succeeding in their Efforts to withdraw the Canadian Clergy & Noblesse from their Allegiance to the Crown of Great Britain.[129] For this Reason amongst many others, this is not the time for Innovations and it Cannot be Sufficiently inculcated on the part of Government that the Quebec Act is a Sacred Charter, granted by the King in Parliament to the Canadians as a Security for their Religion, Laws and Property.

These being My Sentiments, Your Lordship will Conceive Some of the Reasons, which prevented me from Communicating the 12th, 13th & 16th Instructions[130] to the Legislative Council. I have now been upwards of Two Years in the Country, have Conversed fully with all kinds of Men and have not found that the People were dis-satisfied with the Ordinances, which Regulates the Proceedings in the Courts of Justice; on the Contrary, all are Sensible that Debts are easier Recovered and with less Procrastination than formerly. The English Law of Evidence having been adopted in Lieu of that of the French Law in Commercial matters[131] has been found by Experience adequate to Securing the Interests & Property of the Merchant — The Clamor about the Trial by Juries in Civil Causes is Calculated for the Meridian of London; in Canada, Moderate & upright Men are Convinced of the abuses to which that Institution is liable in a Small Community where the Jurors must be all Traders, and very frequently either directly or indirectly connected with the Parties — In the Civil Courts of Original Jurisdiction, the Evidence is taken down in writing, So that not only the Judges in Appeal, but the Whole World can Judge of the Fact upon which the Judges form their Decision. Be Assured My Lord that however good the Institution of Juries may be found in England, the People of this Country have a great Aversion to them; they Cannot Reconcile themselves to have their Property determined by Men of that Station of Life of which Juries must be Composed, the Idea of Twelve Men being necessaryly of one Opinion before a Judgment Can be Obtained, revolts their understanding. An Innovation of that kind would have Many Inconveniencies. — There are Many Foreign Troops in the Province and there are not wanting ill disposed persons who would Stir up vexatious Lawsuits against them in Damages for imaginary Injuries if there was a Mode of Trial that Could Submit a German Baron to a Decision of Twelve Tavern keepers or Traders and that with the Sole View of Disgusting him with Our Service

It was with great Regret that I found MySelf Obliged not to Communicate the Instruction relative to the Security of Personal Liberty.[132] — The Citizens in no Country ought to be liable to Long Imprisonments, Persons accused of Crime ought Certainly to be brought in a Limited Time to Trial, but in Time of War and Rebellion, it would be impolitic and in the present circumstances of the Province, highly dangerous to attempt an Innovation of the Kind. — I have been under the disagreable Necessity of imprisoning Several Persons[133] for corresponding with Rebels or assisting them to Escape and have great Reason to Suspect Many More of being Guilty of the Same practices, but have made it a Rule to pretend Ignorance as often as I can, and am Satisfied with guarding against Bad Consequences of their Treachery except where their crime is publickly known, and then I think it my Duty to take Notice of them, as a Contrary Conduct would betray weakness & encourage Others to follow their Example. — This was the Case with Mr. Charles Hay of Quebec & Mr. Cazeau of Montreal. The Clerk of the former was detected & apprehended last March as he was Setting off for Albany. — He had a Certificate from Charles Hay whose Brother is a Quarter Master General in the Rebel Army, desiring Credit to be put in him. — The Clerk had confessed before a Magistrate that his Master Sent him and that Mr. Cazeau procured him a Guide. — The first applied by Petition to the Court of King's Bench at the last Sessions last May for the District of Quebec praying a Writ of Habeas Corpus. The Petition was rejected by the Unanimous Opinion of the Commissioners for executing the Office of Chief Justice,[134] who by that means and a Public Declaration which they made in 1779 at the Trial of Mr. Stiles of the Viper on an Indictment for Murder, of the King's having a legal Right to Impress Mariners of the Navy in time of War, have very much Strengthened the hands of Government. — The Province is Surrounded by Enemies from without and as happens in all Civil Wars is infested with Spies & Secret Enemies from within — Your Lordship Must be Sensible how necessary it is that Government Should be Supported. I confide in Your Lordships Zeal for the King's Service, to give me every Assistance in Your Power, and in Your Candor and Regard for My Self to assure His Majesty that My views in the Civil and Military Affairs of the Province, Shall and Can have no End but the Advantage of his Service and the Good of his People. — I Cannot finish this long Letter without requesting Your Lordship to be Convinced, that whatever System I may adopt, and whatever Opinion I may have formed of Men and things, is and will be the Result of my own Reflections and of my attention to my Duty, and not the Suggestion of Persons Influenced by attachment to former Systems or Plans of their own, at the Same time that I Cannot alter or Reject former Measures which I think for the Good of the King's Service, agreable to the wishes & Suitable to the wants of the People over whom I preside, because they May be agreable to Men, who perhaps have had private Views and Resentments.

I have the Honor to be with the greatest Respect and Esteem My Lord

Your Lordships Most Obedient

& Most humble Servant

 

(Signed) FRED HALDIMAND.


Canadian Archives, B. 54, p. 354. Given also in Q 17-1, p. 270. This letter gives Haldimand's report on the proceedings of Council from Jan. 27th to April 12th, 1780. Two subjects engrossed virtually the whole attention of the Council; First, the communication of the Governor's Instructions and the expediency of acting on that of July 16th, 1779; Second, the question as to the constitutional power of the Council to prohibit the export of grain, flour, and other food stuffs, or to fix an arbitrary price for them. Naturally Haldimand reviews these questions and the discussion of them in Council, from his own point of view.

For the Minutes of Council, Jan. 27 to April 12, see Minutes of Legislative Council, Quebec, v. D., pp. 57-102. Copies are given in Q 17-1, pp. 329-383, and Q 17-2 pp. 384-458. The ordinances passed at this session are given in Q 17-2, pp. 459-657, also in printed form Ordinances of the Province of Quebec, 1763-91, pp. 100-123.

On Nov. 7th, 1778, six of the Council were called together, and recommended the Governor to issue a proclamation prohibiting any one from exporting wheat, flour, or biscuits, without a license from the Governor, until Dec. 1st, and after that a total prohibition of export until Aug. 1st, 1779. This was approved by the Governor and the proclamation issued. See Q 16-2, p. 674; also B 78, p. 16. As this did not lower prices, the bakers were next dealt with, and a further proclamation, being the one here referred to, was issued. See also B 78, pp. 25 & 31.

See B 78, p. 23.

See Minutes of Leg. Council, v. D., p. 57.

James Monk was appointed Attorney General in 1776, to succeed Henry Kneller who had died. His opinion here referred to is given in Minutes of L.C., v. D., p. 68.

Jenkin Williams was born in Wales and after coming to Canada was appointed Register in Chancery for Quebec province, 1768-1775, Clerk of the Council from 1777, Sol.-General 1791, and Judge of the King's Bench at Montreal about 1793.

The reasons for dissent given by A. Mabane, F. Baby, and Saml. Holland will be found in Q 17-1, p. 324; The motion to enter this paper in the minutes of Council was defeated. See minutes of Leg. Council, v. D., p. 101, the opinion of Attorney General Monk in Minutes of Leg. Council, v. D., pp. 68-69, and that of Jenkin Williams in Q 17-1, p. 315. The latter was not presented in Council.

That Haldimand's suspicion of the grain merchants was really unfounded, and that he was virtually holding them responsible for an unusual dearth of food products in the face of an unusually large consumption, was afterwards abundantly proved even from his own despatches. The grain merchants were ultimately prohibited from either buying or selling grain, yet the price was not lowered; the bakers were then regulated, but without increasing supplies; finally, it was resolved to compel the farmers, with the aid of search warrants, to bring out their supposed hoard, still nothing of consequence could be extracted from them until the following harvest.

This Ordinance was entitled, "An Ordinance To Prohibit, for a limited time, the exportation of wheat, pease, oats, biscuit, flour or meal of any kind; also of horned cattle; and thereby to reduce the present high price of wheat and flour." See Ordinances, 1763-91, p. 100.

William Dummer Powell was admitted to the practise of Law in Quebec Province, 1779, and practised in the Courts of Montreal. He carried to England the petition for the repeal of the Quebec Act in the latter part of 1783. He was afterwards a Judge, and later a member of the Legislative Council and Chief Justice in Upper Canada.

The Ordinance as passed was entitled, "An Ordinance Describing the persons who shall be deemed Forestallers, Regrators and Ingrossers in this Province, and inflicting punishment upon those who shall be found guilty of such offences." See Ordinances, 1763-91, p. 103.

See Minutes of Leg. Council, v. D., p. 57.

See Minutes of Leg. Council, v. D., pp. 25-44.

The Ordinance is entitled, "An Ordinance For the regulation and establishment of Fees." Ordinances. 1763-91, p. 111.

This Ordinance is entitled, "An Ordinance For regulating all such persons as keep horses and carriages to let and hire, for the accommodation of travellers, commonly called and known by the name of Maitres de Poste." Ibid. p. 123.

Mr. Finlay was Deputy Post Master General. This was an Imperial appointment, and for many years postal matters remained under the direct control of the British authorities.

See Minutes of Leg. Council, v. D., p. 57.

See ibid; p. 61.

See ibid; p. 67. In a letter from Germain to Haldimand April 12th, 1781, referring to his conduct in these matters he says: "I have had much Satisfaction in the View your Dispatches have given me of the Military State of the Province, and in expressing in my former Dispatch His Majesty's Approbation of your Conduct in your Capacity of Commander in Chief. It is therefore a great concern to me that any part of your Proceedings, as Civil Governor, does not appear in the same favorable light, or merit the like approbation.

"The King commanded me to transmit to the Board of Trade the Ordinances passed by the Legislative Council and the whole of your Dispatch No 67, and you will receive from their Lordships the Observations which the Consideration of those Papers have given occasion to, and as their Lordships have communicated them to me, and they entirely correspond with my own Sentiments, it is unnecessary for me to enlarge upon the Subject, as I should only repeat what their Lordships have said: it is however fit you should further be informed, that your withholding from the Council the Instructions which you were originally commanded by the King to communicate to them, and that Command repeated by an Additional and Special Instruction from His Majesty, is considered by His Majesty, as well as the Lords of Trade and myself, as such an Instance of disobedience to the Royal Authority as ought not to be passed over, if longer persisted in." Q 18, p. 37. The "Observation" of the Board of Trade follows this letter of Haldimand referred to as Dispatch No. 67. See p. 722.

See note 1, p. 707.

See Minutes of Leg. Council, v. D., p. 65.

See ibid., p. 81.

See ibid., pp. 76-7.

See p. 710.

See p. 707.

Referring to Carleton's Proclamation of Nov. 22nd, 1775, ordering all those who refused to take up arms in defence of Quebec to leave it within four days. See Q 12, p. 24.

Yet he sent several despatches to prove that they were quite ready to withdraw. See for instance, Q. 17-1, p. 195, and Q 19, p. 268.

Referring to the introduction, as far as possible of the English Laws, the granting of the writ of Habeas Corpus, and the holding of government appointments at pleasure only. See pp. 599, 600, and 697.

Referring to sec. 7 of the "Ordinance to regulate the Proceedings in the Courts of Civil Judicature in the Province of Quebec." See p. 682.

The 13th article of the Instructions referring to the writ of Habeas Corpus. See p. 600.

Referring to the ultimate outcome of a number of these imprisonments, we find the following statement, "Several actions for damages for false imprisonment, were instituted against him in England; the persons who had been imprisoned, recovered judgments against him, which were paid by Government." History of Canada; from its First Discovery to the Year 1791. By William Smith. Quebec: 1815. Vol. II, p. 165.

When Carleton dismissed Peter Livius from the position of Chief Justice, he re-appointed Messrs. Mabane, Dunn, and Williams a Special Commission to execute the office of Chief Justice, as had been done during the absence of Hey. See B 37, p. 196.

THE LORDS OF TRADE AND PLANTATIONS TO HALDIMAND[135]

Quebec

1781.

April 10th

Frederick Haldimand Esquire, Governor of Quebec.

Sir, We have had under our consideration the Duplicate of your Letter to Lord George Germain, dated the 25th October last, together with the several Inclosures, and the Minutes of Council, and Ordinances transmitted therewith; and having paid that attention to them, which their Importance naturally required, We now give you our Sentiments upon the general Contents of your Letter, which, for the greater precision, we shall do under the three following distinct heads.

1st The steps taken by you, and the legislative Council, in consequence of the great advance in the price of Wheat, and Flour, and the appearance of an intended Monopoly of those Articles.

2dly The Ordinance for the Regulation of Fees.

3dly The opinion of the Legislative Council upon His Majesty's additional Instruction for the regulation of the Courts of Justice; and under this head we shall also consider your Conduct in witholding the Communication of some Articles of your general Instructions, which you were by an additional Instruction particularly directed to lay before the Legislative Council; and the not complying with another additional Instruction, sent therewith, for the express purpose of remedying an Abuse which prevailed in the method of transacting Business in Council.[136].....................

With respect to the ordinance for regulating Fees, it is, and ever will be an object of our Earnest attention, that no exorbitant Fees be exacted by the Civil Officers in His Majesty's Provinces, by which his Subjects may be aggrieved; and We therefore applaud the Measures you have taken to prevent such a practise. As to the Attorney General, when we consider, that his Salary is double what was heretofore allowed for that office; and that he is by the Ordinance allowed to take, in his private practise, one third more fees, than are established for other practitioners, we are of opinion he cannot with Justice think himself Injured; nor shall we countenance any improper or ill founded Complaints or Claims made by him, or any other of the parties Concerned, as the ordinance is to continue for two years, you will have time, as you observe, to experience, what good Effects it may be attended with; and We therefore recommend it to you not to let this Salutary regulation then expire with the Ordinance; but to induce the Council to re-enact the same, as it now stands, or with such Alterations as you and they may think it expedient to make therein in due time.

We shall now proceed to the last head of our Consideration, as to the additional Instruction, proposing a Regulation in the Courts of Judicature,[137] from some expressions in your Letter we are led to suppose, that the Legislative Council might look upon the proposed Regulations, as a measure proceeding from the application or interference of Mr Livius, It is therefore incumbent upon us to inform you, that was not the case; That it proceeded entirely from a wish of His Majesty's Ministers to render the Office of Chief Justice, as generally and extensively useful to his Majesty's Subjects in Quebec, as possible; & to prevent the frequency of Appeals; and the regulations recommended in the instruction were Judged the most likely to answer the end proposed.

If in any instance the Methods to be adopted were not thought sufficient for that desireable purpose, his Majesty's well known intention, that every measure, proposed for the good of His Subjects, should be effectual in its operation, would have induced him to have paid the utmost attention to any respectful application of the legislative Council on that head: However as they have considered his Majesty's Gracious Intentions in this respect upon a different ground; If the conveniences, which have arisen for the present mode of proceedings in the Courts of Justice, should continue, they alone are blameable for the Consequences.

Sensible as we are of your merit, and the purity of your intentions, it is painful for us to proceed to the consideration of your not communicating to the legislative Council the general Instructions, which you were particularly directed to do by the additional Instruction[138] transmitted to you for that express purpose; And, as far as appears to us, not complying with another additional instruction[139] sent you therewith, for regulating and preventing an abuse introduced by your predecessor, of doing the business of Council by a select number of the Members, under the name of a privy Council; yet the not paying obedience to express Instructions, the compliance with which rested with yourself only, is a matter of too serious importance for us not to give you our unreserved opinion upon it.

The instructions in question were founded upon the most convincing necessity, and his Majesty's Pleasure was conveyed in terms so peremptory and express, that we are at a loss to conceive, how it was possible for you to hesitate upon an instant obedience to them: had we only consulted our immediate line of duty, we should have submitted to His Majesty our opinion upon this conduct on your part; but as a proof of our good wishes for you, and that we place the utmost confidence in your assurances, that your views, as well in the Civil as the Military Affairs of the province, have no end, but his Majesty's Service; however we conceive you to have been in this instance mistaken, we have adopted this Method to inform you, what we think of this part of your Conduct, as Civil Governor; and as we persuade ourselves, that you will immediately, upon the receipt of this letter, comply with the said instructions, we forbear to add what we must upon a contrary Conduct of necessity do.

We flatter ourselves, that no spirit of party, private views, or resentments in any of his Majesty's Subjects over whom you preside, will so far prevail, as to interrupt that peace and harmony which we sincerely wish may always subsist between the powers governing and the People governed, in every part of His Majesty's Dominions.

We are,

  Sir,

  Your Most Humble,

      Servants

  Grantham

  Thomas de Grey Junr

  Andw Stuart

  E. Gibbon

  Hans. Sloane

  Ben: Langlois

Whitehall

April 10. 1781

Exd


Canadian Archives, Q. 18 B., p. 174.

The section which follows, dealing with the regulation of prices, is omitted.

See p. 706.

See p. 705.

See p. 704.

ORDINANCE RE PROCEEDINGS OF COURTS.[140]

(Copy)

Anno Vicesimo Tertio Georgii III. Regis.

Chap. I.

An Ordinance for further continuing an Ordinance made the 25th Day of February, in the seventeenth year of His Majesty's Reign, intituled, "An Ordinance to regulate the Proceedings of the "Court of Civil Judicature in the Province of Quebec." and in Amendment thereof.

Be it Enacted and Ordained by His Excellency the Governor, by and with the Advice and Consent of the Legislative Council of the Province of Quebec, and by the Authority of the same it is hereby Enacted, That an Ordinance made in the Seventeenth year of His Majesty's Reign, intituled. "An Ordinance to regulate the Proceedings of the Courts of Civil Judicature in the Province of Quebec" and every Article and Clause therein contained, shall be and continue, and the same is hereby further continued, from the passing of this present Ordinance unto the Thirtieth Day of April One thousand seven hundred and Eighty five.

And whereas in and by the Eighth Article of the said Ordinance it is Ordained and Enacted, That a Writ of Appeal shall be allowed if the Appellant hath given the requisite Security for prosecuting the same; It is Enacted and Ordained, That the Judges to whom any such Writ of Appeal may be directed shall and may be empowered, and are hereby lawfully authorized to Accept of Personal Security on Bail by Justification, for sufficiently prosecuting all or any such Writ of Appeal to be sued out and prosecuted according to the said Ordinance, any Thing contained in the Ordinances or Laws of this Province to the contrary notwithstanding.

(signed)

      FRED: HALDIMAND

Ordained and Enacted by the Authority aforesaid, and passed in Council under the Public Seal of the Province at the Council Chamber, in the Castle of St Lewis, in the City of Quebec, the Fifth day of February, in the Twenty Third year of the Reign of our Sovereign Lord George the Third, by the Grace of God, of Great Britain, France and Ireland, King, Defender of the Faith and so forth, and in the Year of Our Lord One thousand, Seven hundred and Eighty three.

By His Excellency's Command.

J: WILLIAMS

C. L. C.


Canadian Archives, Q 62 A-2, p. 599, given in Ordinances, 1763-91, p. 133. This Ordinance as passed in 1777 (see p. 682) had been renewed without amendment in 1779 and 1781, and is again renewed with a slight amendment.

TREATY OF PARIS, 1783.[141]

DEFINITIVE TREATY of Peace and Friendship between His Britannic Majesty and the United States of America. — Signed at Paris, the 3rd of September, 1783.

In the Name of the Most Holy and Undivided Trinity.

It having pleased the Divine Providence to dispose the hearts of the Most Serene and Most Potent Prince, George the Third, by the grace of God, King of Great Britain, France and Ireland, Defender of the Faith, Duke of Brunswick and Lunenburg, Arch-Treasurer and Prince Elector of the Holy Roman Empire, &c., and of the United States of America, to forget all past misunderstandings and differences that have unhappily interrupted the good correspondence and friendship which they mutually wish to restore: and to establish such a beneficial and satisfactory intercourse between the 2 Countries, upon the ground of reciprocal advantages and mutual convenience, as may promote and secure to both perpetual Peace and Harmony; and having for this desirable end already laid the foundation of Peace and reconciliation, by the Provisional Articles signed at Paris, on the 30th of November, 1782, by the Commissioners empowered on each part; which Articles were agreed to be inserted in, and to constitute, the Treaty of Peace proposed to be concluded between the Crown of Great Britain and the said United States, but which Treaty was not to be concluded until terms of Peace should be agreed upon between Great Britain and France, and His Britannic Majesty should be ready to conclude such Treaty accordingly; and the Treaty between Great Britain and France having since been concluded, His Britannic Majesty and the United States of America, in order to carry into full effect the Provisional Articles above-mentioned, according to the tenor thereof, have constituted and appointed, that is to say:

His Britannic Majesty, on his part, David Hartley, Esq., Member of the Parliament of Great Britain; and the said United States, on their part, John Adams, Esq., late a Commissioner of the United States of America at the Court of Versailles, late Delegate in Congress from the State of Massachusetts, and Chief Justice of the said State, and Minister Plenipotentiary of the said United States to Their High Mightiness the States General of the United Netherlands; Benjamin Franklin, Esq., late Delegate in Congress from the State of Pennsylvania, President of the Convention of the said State, and Minister Plenipotentiary from the United States of America at the Court of Versailles; John Jay, Esq., late President of Congress and Chief Justice of the State of New York, and Minister Plenipotentiary from the said United States at the Court of Madrid; to be the Plenipotentiaries for the concluding and signing the present Definitive Treaty: who, after having reciprocally communicated their respective Full Powers, have agreed upon and confirmed the following Articles:

Art. I. His Britannic Majesty acknowledges the said United States, viz., New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, to be Free, Sovereign and Independent States; that he treats with them as such; and for himself, his Heirs and Successors, relinquishes all claims to the government, propriety and territorial rights of the same, and every part thereof.

II. And that all disputes which might arise in future on the subject of the Boundaries of the said United States may be prevented, it is hereby agreed and declared, that the following are and shall be their Boundaries, viz., from the North-west Angle of Nova Scotia, viz., that Angle which is formed by a line drawn due North, from the source of St. Croix River to the Highlands, along the said Highlands which divide those Rivers that empty themselves into the River St. Lawrence from those which fall into the Atlantic Ocean, to the North-westernmost head of Connecticut River; thence down along the middle of that River to the 45th degree of North latitude; from whence by a line due West on said latitude until it strikes the River Iroquois or Cataraquy;[142] thence along the middle of the said River into Lake Ontario; through the middle of said Lake until it strikes the communication by water between that Lake and Lake Erie; thence along the middle of said communication into Lake Erie; through the middle of said Lake until it arrives at the water-communication between that Lake and Lake Huron; thence along the middle of said water-communication into the Lake Huron; thence through the middle of said Lake to the water-communication between that Lake and Lake Superior; thence through Lake Superior, Northward of the Isles Royal and Phelipeaux, to the Long Lake[143]; thence through the middle of said Long Lake, and the water-communication between it and the Lake of the Woods, to the said Lake of the Woods; thence through the said Lake to the most North-western point thereof, and from thence on a due West course to the River Mississippi; thence by a line to be drawn along the middle of the said River Mississippi, until it shall intersect the Northermost part of the 31st degree of North latitude: South by a line to be drawn due East from the determination of the line last mentioned, in the latitude of 31 degrees North of the Equator, to the middle of the River Apalachicola or Catahouche; thence along the middle thereof to its junction with the Flint River; thence straight to the head of St. Mary's River, and thence down along the middle of St. Mary's River to the Atlantic Ocean: East by a line to be drawn along the middle of the River St. Croix, from its mouth in the Bay of Fundy to its source; and from its source directly North to the aforesaid Highlands, which divide the Rivers that fall into the Atlantic Ocean from those which fall into the River St. Lawrence: comprehending all Islands within 20 leagues of any part of the shores of The United States, and lying between lines to be drawn due East from the points where the aforesaid Boundaries between Nova Scotia on the one part, and East Florida on the other, shall respectively touch the Bay of Fundy, and the Atlantic Ocean; excepting such Islands as now are, or heretofore have been, within the limits of the said Province of Nova Scotia.[144]

III. It is agreed, that the People of The United States shall continue to enjoy unmolested the right to take Fish of every kind on the Grand Bank and on all the other Banks of Newfoundland; also in the Gulph of St. Lawrence, and at all other places in the Sea, where the Inhabitants of both Countries used at any time heretofore to fish. And also that the Inhabitants of The United States shall have liberty to take fish of every kind on such part of the Coast of Newfoundland as British Fishermen shall use, (but not to dry or cure the same on that Island,) and also on the Coasts, Bays, and Creeks of all other of His Britannic Majesty's Dominions in America; and that the American Fishermen shall have liberty to dry and cure fish in any of the unsettled Bays, Harbours, and Creeks of Nova Scotia, Magdalen Islands, and Labrador, so long as the same shall remain unsettled; but so soon as the same, or either of them, shall be settled, it shall not be lawful for the said Fishermen to dry or cure fish at such Settlement, without a previous agreement for that purpose with the Inhabitants, Proprietors, or Possessors of the ground.

IV. It is agreed that Creditors on either side shall meet with no lawful impediment to the recovery of the full value in sterling money of all bonâ fide debts heretofore contracted.

V. It is agreed that the Congress shall earnestly recommend it to the Legislatures of the respective States, to provide for the restitution of all estates, rights, and properties which have been confiscated, belonging to real British Subjects: and also of the estates, rights, and properties of Persons resident in Districts in the possession of His Majesty's arms, and who have not borne arms against the said United States: and that Persons of any other description shall have free liberty to go to any part or parts of any of the 13 United States, and therein to remain 12 months unmolested in their endeavours to obtain the restitution of such of their estates, rights and properties as may have been confiscated; and that Congress shall also earnestly recommend to the several States, a reconsideration and revision of all Acts or Laws regarding the premises, so as to render the said Laws or Acts perfectly consistent, not only with justice and equity, but with that spirit of conciliation which, on the return of the blessings of Peace, should universally prevail. And that Congress shall also earnestly recommend to the several States, that the estates, rights, and properties of such last-mentioned Persons shall be restored to them, they refunding to any Persons who may be now in possession the bonâ fide price (where any has been given) which such Persons may have paid on purchasing any of the said lands, rights or properties since the confiscation.

And it is agreed that all Persons who have any interest in confiscated lands, either by debts, marriage settlements, or otherwise, shall meet with no lawful impediment in the prosecution of their just rights.

VI. That there shall be no future confiscations made, nor any prosecutions commenced against any Person or Persons, for or by reason of the part which he or they may have taken in the present War; and that no Person shall on that account suffer any future loss or damage either in his person, liberty, or property; and that those who may be in confinement on such charges at the time of the Ratification of the Treaty in America, shall be immediately set at liberty, and the prosecutions so commenced be discontinued.[145]

VII. There shall be a firm and perpetual Peace between His Britannic Majesty and the said States, and between the Subjects of the one and the Citizens of the other, wherefore all hostilities both by sea and land shall from henceforth cease: all Prisoners on both sides shall be set at liberty, and His Britannic Majesty shall with all convenient speed, and without causing any destruction, or carrying away any Negroes or other property of the American Inhabitants, withdraw all his Armies, Garrisons, and Fleets from the said United States, and from every Port, Place, and Harbour within the same; leaving in all Fortifications the American Artillery that may be therein: and shall also order and cause all Archives, Records, Deeds, and Papers belonging to any of the said States, or their Citizens, which in the course of the War may have fallen into the hands of his Officers, to be forthwith restored and delivered to the proper States and Persons to whom they belong.

VIII. The navigation of the River Mississippi, from its source to the Ocean, shall for ever remain free and open to the Subjects of Great Britain, and the Citizens of The United States.

IX. In case it should so happen that any Place or Territory belonging to Great Britain, or to The United States, should have been conquered by the arms of either, from the other, before the arrival of the said Provisional Articles in America, it is agreed that the same shall be restored without difficulty, and without requiring any compensation.

X. The solemn Ratifications of the present Treaty, expedited in good and due form, shall be exchanged between the Contracting Parties in the space of 6 months, or sooner if possible, to be computed from the day of the signature of the present Treaty.

In witness whereof, we, the Undersigned, their Ministers Plenipotentiary, have in their name, and in virtue of our Full Powers, signed with our Hands the present Definitive Treaty, and caused the Seals of our Arms to be affixed thereto.

Done at Paris, this 3d day of September, in the year of our Lord, 1783.

(L.S.) D. HARTLEY.(L. S.) JOHN ADAMS.
(L. S.) B. FRANKLIN.
(L. S.) JOHN JAY.

The text of the treaty is taken from "British and Foreign State Papers. Compiled by the Librarian and Keeper of the Papers, Foreign Office. London: 1841." Vol. I, Part I, p. 779.

The early names of the St. Lawrence from Lake Ontario to its junction with the Ottawa.

Rainy Lake.

Compare these boundaries with those given in the Proclamation of Oct. 7th, 1763, p. 163. and previously discussed in the Report from the Board of Trade of June 8th, 1763, pp. 127 et seq. It will be observed that England still retained Canada and East and West Florida, obtained by the Treaty of Feb. 10th, 1763.

There was much dispute, alike as to principles and facts, regarding the fulfilment or non-fulfilment of the terms of the treaty, especially the fifth and sixth articles. In consequence of the claims of Britain as to non-fulfilment on the part of the United States, she declined to give up the frontier posts on the great lakes, as required by the seventh article. These were retained until the settlement effected by the Treaty of 1794, which provided for the evacuation of the posts before June 1st, 1796. See British and Foreign State Papers, Vol. I, p. 784.

ADDITIONAL INSTRUCTIONS TO HALDIMAND.[146]

[L. S.]

George R.

Additional Instruction to Our Trusty and Welbeloved Frederick Haldimand Esqr Our Captain General and Governor in Chief C.O. (Quebec 1768-1787, Vol. 1.) of Our Province of Quebec, in America or to the Commander in Chief of the said Province for the time being. Given at Our Court at St James's the 16th Day of July 1783. In the Twenty third year of our Reign.

Whereas many of Our Loyal Subjects Inhabitants of the Colonies and Provinces, now the united States of America are desirous of retaining their Allegiance to Us, and of living in our Dominions, and for this purpose are disposed to take up and improve Lands in our Province of Quebec; and We being desirous to encourage our said Loyal Subjects in such their Intentions, and to testify our approbation of their loyalty to Us, & Obedience to our Government, by alloting Lands for them in our said Province; And whereas We are also desirous of testifying our approbation of the Bravery and Loyalty of our Forces serving in our said Province, and who may be reduced there, by allowing a certain quantity of Land to such of the Non-Commissioned Officers and private Men of Our said Forces, who are inclined to become settlers therein. It is Our Will and pleasure, that immediately after you shall receive this Our Instruction, you do direct our Surveyor General of Lands for our said Province of Quebec, to admeasure & lay out such a Quantity of Land as you with the advice of our Council shall deem necessary & convenient for the Settlement of our said Loyal Subjects, the non Commissioned Officers & private Men of our Forces which may be reduced in our said Province, who shall be desirous of becoming Settlers therein; such Lands to be divided into distinct Seigneuries or Fiefs, to extend from two to four leagues in front, and from three to five leagues in depth, If situated upon a Navigable River, otherwise to be run square, or in such shape and in such quantities, as shall be convenient & practicable — and in each Seigneurie a Glebe to be reserved and laid out in the most convenient spot, to contain not less than 300 nor more than 500 acres;[147] the propriety of which Seigneuries or Fiefs shall be and remain vested in Us, our Heirs and Successors, and you shall allot such parts of the same as shall be applied for by any of our said Loyal Subjects Non-Commissioned Officers & Private Men of our Forces reduced as aforesaid, in the following proportions; that is to say

To every Master of a Family, One Hundred Acres, and Fifty Acres for each person, of which his Family shall consist

To every single Man Fifty Acres.

To every Non-Commissioned Officer of Our Forces reduced in Quebec Two hundred Acres.

To every private Man reduced as aforesaid One Hundred Acres

And for every Person in their Family Fifty Acres.

The said Lands to be held under Us Our Heirs & Successors, Seigneurs of the Seigneurie or Fief in which the same shall be situated, upon the same terms, acknowledgements and services, as Lands are held in our said Province under the respective Seigneurs holding and possessing Seigneuries, or Fiefs therein; and reserving to Us our Heirs and Successors, from and after the expiration of Ten years from the Admission of the respective Tenants, a Quit Rent of one half penny P Acre.[148]

It is our further Will and pleasure, that every person within the Meaning of this Our Instruction, upon their making application for Land, shall take the Oaths directed by Law before you or our Commander in Chief for the time being, or some Person by you or him Authorized for that purpose, and shall also at the same time make and subscribe the following declaration, Vizt "I A-B. do promise and declare that I will maintain and defend to the utmost of my power the Authority of the King in his Parliament as the supreme Legislature of this Province." which Oaths and declaration shall also be taken made and subscribed by every future Tenant before his, her, or their Admission, upon Alienation, descent, Marriage or any other wise howsoever, and upon refusal, the Lands to become revested in Us our Heirs and Successors. And it is our further Will and pleasure, that the expence of laying out and surveying as well the Seigneuries or Fiefs aforesaid as the several Allotments within the same, and of the Deed of Admission shall be paid by the Receiver General of Our Revenue in the said Province of Quebec out of such Monies as shall be in his hands, upon a Certificate from you or Our Commander in Chief for the time being in Council, Oath being made by our Surveyor General to the Account of such Expence; Provided however that only one half of the Usual and accustomed Fees of Office shall be allowed to our said Surveyor General or any other of Our Officers in the said Province entitled thereunto upon any Survey or Allotment made, or upon Admission into any Lands by virtue of this our Instruction

And whereas We have some time since purchased the Seigneurie of Sorel from the then Proprietors,[149] the Lands of which are particularly well adapted for Improvement and Cultivation, and the local situation of the said Seigneurie makes it expedient that the same should be settled by as considerable a number of Inhabitants of approved Loyalty as can be accommodated therein with all possible dispatch.

It is therefore our Will and pleasure that you do cause all such Lands within the same as are undisposed of, to be run out into small allotments, and that you do a[l]lot the same to such of the Non Commissioned Officers and private Men of our Forces, which may be reduced in Our said Province, or such other of Our Loyal Subjects as may be inclined to settle and improve the same, in such proportions as you may Judge the most conducive to their Interest and the more speedy settlement of our said Seigneurie The Lands so allot[t]ed to be held of Us our Heirs and Successors, Seigneurs of Sorel upon the same conditions and under the same reserved rent at the expiration of ten years, as the other Tenants of the Seigneurie now hold their Lands and pay to Us, and also of taking the Oaths and making and subscribing the declaration as herein before is mentioned and directed. The Expence of making the said allotments and Admission thereunto to be also paid and defrayed in like manner as those in the Seigneuries directed to be laid out by this our Instruction.

And it is Our Will and pleasure that a Record be kept in the Office of the Receiver General of our Revenue of every admission into Lands as well as by virtue of this our Instruction, as in cases of future Admission by Alienation or otherwise, a Docquet of which shall be transmitted yearly to Us thro' one of our principal Secretary's of State, and also a Duplicate thereof to Our High Treasurer or the Commissioners of our Treasury for the time being.

G. R.


Canadian Archives, Q. 26 B, p. 221.

This is the foundation of the subsequent Reserves for religious and educational purposes. Earlier forms of such Reserves, however, are found in the American Colonies.

Express instructions were given by Haldimand to Sir John Johnson, who had charge of the settlement of the Loyalists in what is now Eastern Ontario, that the new surveys should not be called townships, or given names, but be numbered as Royal Seigneuries to be held under feudal tenure. See Haldimand Papers, B 65, p. 34.

After considerable negotiation, the Seigniory of Sorel, which commanded the highway between Canada and the southern colonies recently acknowledged as independent, was purchased by Governor Haldimand for the Crown, in 1780, at a cost of £3,000 Stg. See Haldimand Papers, B 55, p. 4.

 

[LS.]

George R.

Additional Instruction To Our Trusty and Welbeloved Frederick Haldimand, Captain General & Governor in Chief of Our C. O. (Quebec 1768-1787. Vol. I.) Province of Quebec in America. Given at Our Court at St James's the Twenty Sixth Day of May 1785 In the 25th year of Our Reign[150]

Whereas in pursuance of the Powers vested in Us by an Act of Parliament passed during the present Session Intituled "An Act for continuing for a limited Time, an Act made in the Twenty third Year of the reign of His present Majesty, Intituled An Act for preventing certain Instruments from being required from Ships belonging to the United States of America, and to give to His Majesty for a limited Time certain Powers for the better carrying on Trade and Commerce between the Subjects of His Majesty's Dominions and the Inhabitants of the said United States, and for continuing for a limited Time, an Act made in the 24th year of the reign of His present Majesty, Intituled an Act to extend the Powers of an Act made in the Twenty third year of His present Majesty, for giving His Majesty certain Powers for the better carrying on Trade & Commerce between the Subjects of His Majesty's Dominions and the Inhabitants of the United States of America, to the Trade and Commerce of this Kingdom with the British Colonies and Plantations in America with respect to certain Articles therein mentioned"[151] We did by and with the Advice of Our Privy Council, by our Order in Council, dated the 8th of last Month, Order and direct, that no Goods, the Growth or Manufacture of the Countries belonging to the United States of America should be imported into Our Province of Quebec by Sea; It is Our Will and Pleasure that You do in all Things conform yourself to Our said Order in Council. — And Whereas It is necessary to regulate the Intercourse by Land and by Inland Navigation between Our said Province, and the Countries adjoining thereunto, belonging to the United States of America, It is Our Will and Pleasure that You do propose to the Legislative Council of Our said Province, the passing an Ordinance for preventing the carrying of any Peltry out of the said Province into the said Countries, and You are hereby particularly directed and enjoyned to cause the several Laws made for preventing the bringing of any Foreign Rum or Spirits, or, Except from Great Britain, any Goods or Manufacture of any Foreign European Countries, or of Asia, into Our Plantations and Colonies, to be duly and effectually enforced in Our Province of Quebec.[152]

G. R.


Canadian Archives, Q. 26 B, p. 226.

This is 25 Geo. III, cap. 5. See "Statutes at Large" Vol. 35, p. 7.

The first measure towards regulating commercial relations with the adjoining States, which was passed by the Legislative Council of Quebec, was the Ordinance of 1787, 27 Geo. III, cap. 8. "For the importation of tobacco, pot and pearl ashes, into this province, by the inland communication by Lake Champlain and Sorel." This was followed the succeeding year by the ordinance 28 Geo. III, cap. 1, "Further to regulate the inland Commerce of this Province, and to extend the same." In the latter the prohibition of the export of peltry is introduced, as also the prohibition of the import of rum, spirits, and British manufactured goods, &c., in accordance with the Instruction, which simply supported the general Trade Instructions given to all colonial governors. See Ordinances, 1763-91, pp. 196, 203.

 

[L.S.]

George R.

Additional Instruction To Our Trusty and Welbeloved Frederick Haldimand Esqr Our Captain General and Governor in Chief C. O. (Quebec 1768-1787, Vol. I.) of Our Province of Quebec in America, or to the Commander in Chief of the said Province for the Time being. Given at Our Court at St James's the Twenty fifth Day of July 1785. In the Twenty fifth year of Our Reign.[153]

Whereas it will be for the General Benefit of Our Subjects carrying on the Fishery in the Bay of Chaleure in Our Province of Quebec, that such part of the Beach and Shore of the said Bay, as is ungranted, should be reserved to Us, Our Heirs and Successors; It is therefore Our Will and pleasure, that you do not in future, direct any Survey to be made or Grant passed for any part of the ungranted Beach or Shore of the said Bay of Chaleure, except such parts thereof as by Our Orders in Council dated the 29th of June and 21st July 1785, are directed to be granted to John Shoolbred of London Merchant and Messrs Robin Pipon and Company, of the Island of Jersey Merchants, but that the same be reserved to Us, Our Heirs and Successors, together with a sufficient quantity of Wood-Land adjoining thereto necessary for the purpose of carrying on the Fishery; The Limits of such Wood-Land so to be reserved, to be determined upon and ascertained by You and Our Council for Our said Province of Quebec, in such manner, as from the most Authentick Information shall appear to you and them most Convenient and proper for that purpose; It is Nevertheless Our Intention, and We do hereby Signify to you Our Will and pleasure, that the Free Use of such Beach or Shore, and of the Wood-Lands so to be reserved shall be allowed by you or any person Authorized by you, to such of Our Subjects as shall resort thither for the purpose of carrying on the Fishery, in such proportions as the Number of Shallops he or they shall respectively employ may require; provided that if any Fisherman who shall have permission to Occupy any part of the said Beach or Shore and Wood-Land for the purpose of the said Fishery, shall not during any One Season, continue so to Occupy and Employ any part of the said Beach and Shore and Wood-Lands so allotted to him, you or any person authorized by you as above may and shall allow the Use of such part to any other Fisherman who shall apply for the same, for the purpose of carrying on the Fishery — 

And whereas it may be necessary to Establish local Regulations to prevent Abuses as well as disputes and Misunderstanding between the Fishermen resorting to the said Beach or Shore, It is Our Will and Pleasure that you by and with the Advice and Consent of Our said Council, do frame such Regulations as to you shall appear necessary to Answer those Salutary purposes, and transmit the same to Us thro' One of Our principal Secretaries of State for Our pleasure therein by the first Opportunity.[154]

G. R.


Canadian Archives, Q. 26 B. p. 228.

The first Ordinance passed relating to these fisheries was that of 28 Geo. III., cap. 6, "For regulating the Fisheries in the River St. Lawrence in the Bays of Gaspé and Chaleurs, on the island of Bonaventure and the opposite shore of Percé." Ordinances Made and passed by the Governor and Legislative Council of the Province of Quebec, 1795, p. 153. also, Ordinances, 1763-91, p. 216.

HALDIMAND TO NORTH.[155]

Col. Cor. Canada (Quebec) Vol. 22, p. 101.

Private

Quebec October 24th 1783

My Lord,

In Addition to the Public Letters which I have had the Honor to write relative to the State of this Province, I have to acquaint you in a private Letter, of Some things which concerns the States adjoining to it. I have nothing new to Communicate relating to the neighbouring States. with Regard to our Indian Allies. Since the Provisional Treaty has been Made public, several Persons of influence in the State Vermont State. of Vermont have been here at different times, they all agree in describing these People as very Averse to Congress and its Measures, they now insist that in Case Congress should admit their Claim to be the 14th State, upon an exemption from any part of the debts contracted previous to their Admission, as having never been represented in Congress, they could not be bound by it's Acts; They Seem to have an entire Confidence that in Case Congress Should think of reducing them by Force, the Neighbouring their Quarrel with the State of N. York States of New England could never be prevailed upon to assist in the attempt, for which reason they make no Scruple of Setting the State of New York & its Claims of Jurisdiction over them at defiance. They give great encouragement to the Royalists from the Neighbouring Provinces to Settle amongst them and have already taken possession of the Lands on the South Side of Lake Champlain to the Boundary Line at the Degree 45. — They made no Scruple of telling me that Vermont must either be annexed to Canada, or become Mistress of it, as it is the only channel by Which the Produce of their Country can be Conveyed to a Market, but they assured Me that they rather Wished the former. They are really a hardy enterprising People, and tho' it was in my Power with the greatest ease during the War to destroy Such of them as Should Settle on Lake Champlain, it was with great difficulty that I could deter them from attempting it, and not till after by experience they found that I was determined to effectuate by force what I could not gain by Admonition. — Tho' I have heard them with Patience, I have assured them that I could not interfere in these Matters as I had the Most positive Orders from the King to do every thing in my power to Conciliate the Affections of the Subjects of the united States to those of Great Britain. The The State of N. York settling along Lake Champlain. State of New York is Making Settlements in the Same Manner on opposite Side of the Lake. — The Conduct of these People is not Justified by the Rules of War, for until the Definitive Treaty is made, the Provincial One[156] is no more than preliminaries to a Peace, but Circumstanced as I am, and Willing to Shun every thing which could be construed as an inclination to infringe the Cessation of Hostilities I have thought it best not to oppose bad consequences that will follow them, tho' I foresee great and Mischievous Consequences to this Province from the Settlement which the State of New York is making near the Boundary Lines. The Americans are Settling Captain Hazen, now a Brigadr General, with the few Canadians remaining of the Corps upon Lake Champlain, they give them Lands and a Sum of Money proportionate to their Rank and Services. As their Number is Small, the expence will be trifling, but Still these Canadians will be handsomely rewarded, and the Encouragement given to them will have considerable Influence upon the Minds of their Country Men upon Some future Occasion. It will be Totally impossible to prevent frequent Intercourse between them, and the Settlement being So Contiguous to the Boundary Line will afford a Safe and easy Azylum also to the Canadians. to the Seditious and disaffected of this Country who are very numerous in the Parishes adjoining to Lake Champlain. This Province can only be preserved by bringing back the Canadians The Canadians to be Governed by a well disciplined militia. to a regular Subordination, and by rendering them useful as a well disciplined Militia — In order to effectuate this, the Authority of Government Must be Strength[e]ned & not diminished. Be assured My Lord, that every Scheme calculated for the latter purpose, & however disguised, has its Source from the Partizans and Emissaries of the American States. To me personally considered, it Must be a Matter of indifference What form of Government is adopted for this Province, but I would be deficient in that Duty which I owe to the King and the British Nation, if I did not acquaint Your Lordship for His Majesty's Information, that in Order to keep this Country dependent upon Great Britain, no Change Should be Made in the Act of Parliament The Quebec Bill to be kept in force which regulates it. The Legislature here, has Power to alter Such parts of the French Law as may be found by Experience unadequate to the Circumstances of a Commercial Country and is possessed on the Other Hand with Authority to alter Such parts of the Criminal Law of England as are improper or inapplicable to the State of the Colony. These Alterations ought to be Made with prudence and discretion, and no doubt the Legislative Council will do it at a proper time. — It is an easy Matter to repeal the Quebec Act, but it will be a difficult Task to Substitute another in its Place. — The Saving by having a House of Assembly how to be supported & Paid House of Assembly £12,000 pr Annum, which may be the difficiency one Year with another after the Revenues of the Province have been appropriated to Pay the Civil Establishment cannot be put in Competition with the many bad Consequences which would attend the Measure.

Interested views of the People wishing for a Change of Government.

I am the More explicit on this Subject with your Lordship, as being upon the Spot, I know the Views and Motives of the Persons who have been active in setting forth Petitions and creating Jealousies and divisions in the Province. Some wish a form of Government, which by resembling the Republicain one in the Neighbouring States, may prepare the People for an Union with them upon Some future Event; and Many wish to vent their resentment against those who have either prevented or brought to light their Abuse of the Public Money, but much of the future Welfare of the People of this Province or of its utility to Great Britain will depend upon the Arrangements which will be Made in Consequence of the Definitive Treaty, and of the Measures which the Governor will be instructed to pursue. — 

I have the Honor to be with the greatest Respect and Esteem

My Lord

   Your Lordship's Most obedient

          & Most Humble Servt

          FRED: HALDIMAND

The Right Honble Lord North

       (original)


Canadian Archives, Haldimand Papers, B 56, p. 149. The first portion of this despatch relates to the extensive negotiations, both before and after the Treaty of 1783, between Haldimand and a section of the people of Vermont, chiefly through the agency of Ethan Allen and a few others. Lord North, to whom this despatch is addressed, held office as one of the Secretaries of State from April 2nd, to Dec. 23rd, 1783.

The provisional articles of peace were signed at Paris, Nov. 30th, 1782. British and Foreign State Papers, vol. I, p. 773. The declaration relative to the suspension of hostilities was signed at Versailles Jan. 20th, 1783. Ibid, p. 777.

HALDIMAND TO NORTH.[157]

Col. Cor. Canada Quebec. Vol. 23 p. 13

Quebec 6th November 1783.

My Lord

*     *     *     *     *     *     *

Your Lordship has already been made acquainted with the general State of this Country, I am told that in the Petition[158] which Some of His Majesty's Antient Subjects have prepared to be presented to Parliament, they lay great Stress upon the Number of Loyalists who are to Settle in the Province, as an Argument in favor of the Repeal of the Quebec Act and for Granting a House of Assembly, but I have great Reason to believe these unfortunate People have Suffered too Much by Committees and Houses of Assembly, to have retained any prepossession in favor of that Mode of Government, and that they have no Reluctance to Live under the Constitution established by Law for this Country. At the Meeting of the Legislative Council I intend to propose and recommend the Passing an Ordinance for the Introduction of the Habeas Corpus Act[159] or Some other Mode for the personal Security, which will put the Liberty of the Subject in that Respect upon the Same footing as in England, and which will remove one of the ill grounded Objections to the Quebec Act, for tho' that Law had never been introduced into the Province, people were taught to believe that the Quebec Act had deprived the Inhabitants of the benefit of it. — 

I have the Honor to be with the greatest Respect and Esteem

My Lord

   Your Lordship's Most Obedient

      and Most Humble Servant

 

                 FRED: HALDIMAND

The Right Honorable Lord North

         (original)


Canadian Archives, Haldimand Papers, B 56, p. 170. The first part of this despatch deals with the preparations for the settlement of the Loyalists.

The petition here referred to is dated 30th Sept., 1783, C.O. 42, v. 15, p. 29. It is the first form of that afterwards presented and dated 24th Nov., 1784. See. p. 742.

On Feb. 7th, 1782, in the Legislative Council, "Mr. Allsopp moves for leave to bring in three Ordinances in conformity to the 12th & 13th Articles of his Majesty's Instructions." The first related to English Law and trial by jury in commercial matters; the second authorized and required the judges of all the Courts to issue writs of Habeas Corpus according to the rules and laws of England; the third provided for the suspension of the second ordinance for a year. See Minutes of Leg. Council, v. D., p. 123. This motion, however, was defeated and immediately afterwards Allsopp was suspended from the Council on the grounds of his protest of 1780. This protest was made, 6th March, 1780, against the address to the Governor carried by the majority in Council, and supporting him in his refusal to comply with the instructions from the Home Government, re improvements in the Court of Appeal. (See p. 706.) It is an interesting document setting forth, with concrete details, those practical consequences of the introduction of the Quebec Act which became the occasion for such vigourous protests from 1784 to the passing of the Constitutional Act in 1791. The Protest is given in full in Minutes of the Leg. Council, vol. D., p. 81.

FINLAY TO NEPEAN.[160]

Quebec 22d October 1784.

Sir,

The Advocates for a House of Assembly in this Province take it for granted that the people in general wish to be represented; but that is only a guess, for I will venture to affirm that not a Canadian landholder in fifty ever once thought on the subject and were it to be proposed to him, he would readily declare his incapacity to Judge of the matter. Although the Canadian Peasants are far from being a stupid race, they are at present an ignorant people, from want of instruction — not a man in five hundred among them can read; perhaps it has been the Policy of the Clergy to keep them in the dark, as it is a favourite tenet with the Roman Catholic Priests, ignorance is the mother of devotion. The Females in this Country have great advantage over the males in point of Education. The Sisters of the Congregation, or grey Sisters as they are called, are settled in the Country Parishes here and there to teach girls to read, write, sew, & knit Stockings: there's only a few of that Sisterhood — they are the most useful of any of the religious orders in Canada.

Before we think of a house of Assembly for this Country, let us lay a foundation for useful knowledge to fit the people to Judge of their Situation, and deliberate for the future well-being of the Province. The first step towards this desireable end, is to have a free School in every Parish — Let the schoolmasters be English if we would make Englishmen of the Canadians; let the Masters be Roman Catholics if it is necessary, for perhaps the people, at the instigation of the Priests, would not put their children under the tuition of a Protestant.

The natural born subjects say, that they settled in Canada under the Kings promise to call a house of Assembly as soon as the circumstances of the Province would permit. The time is now come, say they; they likewise state many priviledges that they hoped to enjoy on the faith of the Royal proclamation, of which they were deprived by the Quebec Act.

It is not yet ascertain'd that the people wish for a house of Assembly! — Is it not the very essence of representation that the members of the house be chosen by the free and uncontrolled voices of the people in their districts? The Quebec Act gives full power and authority to His Majestys Legislative Council to make Laws and grant all manner of Priviledges to render His Majestys subjects in Canada free and happy; if they are not actually so, the Legislative Council alone is to blame, not the Quebec Act, for by it the Council may alter even the Criminal Law.

Before any Act passes giving the Canadians a house of Assembly, let us be sure that it will be agreeable to a Majority of the landholders — Let the nature of free representation be set forth, let the duty of a representative be explained, and convey a proper idea of the powers a house will have to frame laws, and lay taxes: this necessary information ought to be drawn up in plain clear terms, and read to the people every sunday for three months by the curate of each Parish immediately after divine service, that the inhabitants or country people, may turn it in their thoughts, consult among themselves and advise with the most sensible in the Parish, be they French or English, to enable them to come to a determination concerning this matter.

Let those who assert that it is necessary for the wellbeing of the people that the habitants have a share in the Government, do their best endeavours to show them by solid arguments that it will be for their good — At the end of three months, or six if more time is requisite, let the Captains of Militia in presence of the Curate and four of the most notable in the Parish take the voices of the people for House, or no House? If a majority throughout the Province say House, grant their desire — if they say no house — the British Parliament will not force that form of Government upon them: the ancient subjects, (a small proportion of the people) ought not unreasonably to insist on that which a majority of their fellow Citizens refuse after mature deliberation.

When the people, by means of education, become more enlightened, they will probably wish for an alteration of the present system — whenever that desire appears let the alteration be made — in the mean time let it always be held up that a house will be called whenever a majority of the people apply for it.

I conceive, that whenever taxation is mentioned, the Peasant will reject the idea of a house, from his narrow way of thinking, and attachment to money. Were a house to be forced on them, and that house lay taxes to defray the expence of Government and a thousand useful purposes which the English Members (if any English there should be chosen) would be continually projecting, they would deem themselves oppressed and probably wish to join the American confederacy, not possessing knowledge enough to foresee the evil consequences of that Junction. The Enemys of Government (and there never is wanting turbulent people in all Countrys) would make a handle of their discontentment and keep up a spirit which they would hope to turn to account one day or other.

We at this moment enjoy all the benefits arising from the Habeas corpus act.[161]

The Legislative Council have repeatedly refused to grant Jurys in civil cases. Say the people, there is no Judge on the Bench capable of determining a Commercial point so well as a Jury of Merchants, nay 'tis absolutely impossible that Right can be done to the subject by Judges not bred to the Law, under that anticommercial ill-understood System la coutume de Paris, without the intervention of Juries — Jurys are an Englishman's birth right. — Why refuse optional Juries? asks an old subject — because, answer the Judges, they are too burthensome on the people. No replys the Englishman, Jurys are not burthensome where the Courts are properly regulated by terms, but here you have weekly Courts, as inconvenient as injurious since they tend by their frequency to deprive the Subject of trial by Jury, a right which an Englishman never can give up, and which His Majesty was pleased by His 13th Instruction strenuously to recommend, but the Judges who have had most influence with our Governors have found means to prevent our having Jurys in the Civil Courts, as they have been looked on as a pernicious check on the power of the Bench.[162]

It has been remark'd that men never wished for more power than the Law gives them, unless they intend to use it — On trials for Damages, the want of Juries may be severely felt.

May I, Sir, refer you to a sensible man Mr. Grant[163] of St. Roc, (a Member of the Legislative Council) for ample information concerning our Courts of Justice — he lives at No 42 Newman street.

It has been represented that poor people cannot afford to attend as Jurors on civil causes — Let them be paid and they will cheerfully serve — 'tis but reasonable that the contending partys should pay.

I have taken the liberty to trouble you with this letter at the desire of my friend Governor Skene.[164]

I have the honor to be Sir

Your most obedient and very humble

             Servant

                                HUGH FINLAY

Evan Nepean Esqr

      (original)


Canadian Archives, Q 23, p. 441. Mr. Hugh Finlay, as already indicated (see note 1, p. 708) was Deputy Postmaster General and a member of the Council. Evan, afterwards Sir Evan Nepean was appointed the first Permanent Under Secretary of State for the Home Department, in 1782. This office was created in consequence of the readjustment of a number of offices of state. The office of Secretary of State for the Colonies, created in 1768, was abolished along with the Board of Trade and Plantations, in 1782, under the Act of 22nd Geo. III, cap. 82, the preamble to which states: "Whereas his Majesty, from his paternal regard to the welfare of his faithful people, from his desire to discharge the debt on his civil list, without any new burthen to the publick, for preventing the growth of a like debt for the future, as well as for introducing a better order and economy in the civil list establishments, and for the better security of the liberty and independency of parliament, has been pleased to order, that the office commonly called or known by the name of Third Secretary of State, or Secretary of State for the Colonies; the office or establishment commonly known by the name and description of The Board of Trade and Plantations; the offices of lords of police in Scotland;" &c., &c., "shall be, and are hereby utterly suppressed, abolished, and taken away." Statutes at Large, vol. 34, p. 143. The former duties of the Board of Trade and Plantations were to be executed by a Committee of the Privy Council. See sec. 15 of the Act. The work of the Colonial Secretary was transferred to the Home Department, formerly the Southern Department, in which there was also a Parliamentary Under Secretary.

In his speech to the Legislative Council at the opening of the session, on March 22nd, 1784 Governor Haldimand stated that he had regretted that the condition of public affairs had not hitherto permitted of his recommending an Ordinance for the better security of the liberty of the subject, now, however, he would present one to them. See Minutes of Leg. Council, v. D., p. 144. While this ordinance was being considered, Mr. Grant of St. Roc moved that the following clause should be incorporated: "And it shall be clearly understood at all times hereafter, that the Common and Statute Law of England in as far as the same is favourable and productive of personal Liberty, Safety and Security is the Right of all His Majesty's faithful Subjects in this province; and as such shall be the Rule whereby to decide every case and situation not provided for by the present Ordinance." Ibid. p. 168. This was defeated by nine to seven. But inasmuch as the preamble to the ordinance recited the 13th article of the Instructions to the Governor the same minority supported a motion, introduced by Mr. Finlay, to the effect that the ordinance as passed did not fulfil the conditions of the 13th article. The minority consisted of Messrs. Grant, DeLery, Collins, Levesque, Dunn, Finlay and Lt.-Gov. Hamilton; and each of these, except Mr. Collins, recorded his dissent from the vote of the majority. See ibid. pp. 170 and 172-6. The Ordinance introduced by Haldimand and passed was 24 Geo. III, cap. 1. "For securing the Liberty of the Subject, and for the prevention of Imprisonments out of this Province." Ordinances made and passed by the Governor, &c., p. 57. See also Ordinances 1763-91, p. 139.

Repeated efforts, extending from 1777, had been made to secure an ordinance granting the right of trial by jury in civil cases, but not until the departure of Haldimand, Nov. 16th, 1784, was there any prospect of its being passed. Under Lt.-Governor Hamilton's administration, however, in the spring of 1785, this feature was embodied in the Ordinance for Regulating the Proceedings of the Civil Courts. See below, p. 780.

William Grant, 1752-1832. He was Attorney General for Quebec Province 1775-1777; appointed to the Legislative Council, August, 1777; also Deputy Receiver General of the Province, 1777-1784. Born in Scotland, he graduated at Aberdeen University and afterwards studied Civil Law at Leyden. He came to Canada, 1775, and took part in the defence of Quebec; returned to England, but kept up a close connection with his friends in Canada. Under the auspices of Pitt, he entered the British Parliament in 1791 and assisted in the preparation of the Constitutional Act for Canada. Solicitor General under Pitt, 1799, and knighted the same year; Master of the Rolls, 1801-1817. He was regarded by all parties as a statesman and lawyer of exceptional ability and fairness. See Dictionary of National Biography.

Philip Skene, 1725-1810. He served in America under Howe, Amherst, and Albemarle, 1756-9. Received a large land grant on Lake Champlain, and founded the town of Skenesborough. Was named Governor of Crown Point and Ticonderoga. Served with Burgoyne and returned to England after the Revolutionary War. See Appleton's Encyclopedia of American Biography.

PETITION FOR HOUSE OF ASSEMBLY.[165]

TO THE KING'S MOST EXCELLENT MAJESTY.

The humble Petition of Your Majesty's Ancient and New Subjects Inhabitants of the Province of Quebec.

May It Please Your Majesty.

After the Conquest of the Province of Canada by the Arms of Great Britain, Your Petitioners in compliance with Your Majesty's gracious and royal Proclamation, bearing date the 7th day of October 1763,[166] Settled and became established, in the New acquired Colony of Quebec; in the full reliance on the faith of the Crown of Great Britain, as expressed in that Proclamation, for the enjoyment of those Laws, that Freedom and Security in Canada, which the Principles of the English Constitution afforded, in every part of the British Dominions in America. Your Petitioners and the Inhabitants of the Province, have chearfully on every occasion, obeyed the Controuling power of the Parliament of Great Britain, and with patience have suffered, during a period of Anarchy and War, rather than wound Your Majesty's feelings, or embarrass the Throne with Remonstrances and Petitions, at a time when the safety of the Nation, made sacred every moment of Public deliberation. The Actions and Conduct of Your Petitioners when truly represented, will best express to Your Majesty, the Sincerity of their Loyalty and Attachment to the Crown and Government of Great Britain.

Your Petitioners look with Concern on the burthen of Great Britain, and with great Pain and Commiseration they see the distresses of Your Majesty's loyal Subjects, who, driven from their Estates, Wealth, and Possessions are daily taking Shelter in this British Colony; though their unsettled and distressed Situation, may for the present hinder them from bringing forward their Petitions and their Claims; Your Majesty will readily perceive that a Government similar or Superior, to that under which they were born, had lived, and were happy, must be considered by those Your Majesty's unfortunate Subjects as an Affectionate proof of Your Majesty's Paternal Care and Regard for them; and the first Comfort which Your Majesty in relief to their Distresses can now grant: And the more so, as it will be a Blessing not merely granted to them, but extended to their Children and Posterity. Your Petitioners fully persuaded that the Welfare and Happiness of Your Majesty's Subjects, are objects of Your Majesty's serious, and benign Consideration — beg leave to lay their Petition at the foot of the Throne and ardently to request Your Majesty's Interposition for the Repeal of the Quebec Bill; allowing such Priviledges as are already granted to the Roman Catholick Religion; as being inadequate to the Government of this extensive Province; the Cause of much Confusion in our Laws, and fraught with trouble and uneasiness to Your Majesty's loyal Subjects here. And that Your Majesty will be pleased to Concur in establishing your affectionate Subjects of this Province, in the full Enjoyment, of their civil Rights as British Subjects; and in granting them a Free, Elective House of Assembly. In these hopes they humbly presume to Suggest, that Clauses of the following Import, may be inserted in the Act of Parliament, which shall be made to Confirm a free Constitution to this Country.

1st That the House of Representatives or Assembly, — be chosen by the Parishes, Towns and Districts of the Province, to be Composed of Your Majesty's Old and New Subjects, in such manner as to Your Majesty's Wisdom may seem most proper, that the Assembly be triennial, and the Members elected every three Years.[167]

2d That the Council consist of not less than Thirty Members and in case of Division on any measure before them, that no Act shall be passed, unless at least Twelve Members agree to carry the Vote. That the appointment of the Members, may be during their residence in the Province, and for Life; yet subject to temporary leave of Absence, as mentioned in the 11th Article; And that they serve as Councellors, without Fee or Reward.

3d That the Criminal Laws of England be continued, as at present established by the Quebec Act.

4th That the ancient Laws and Customs of this Country, respecting landed Estates, Marriage Settlements, Inheritances and Dowers, be continued; yet subject to be altered by the Legislature of Quebec; And that Owners may alienate by Will, as provided by the 10th Section of the Quebec Bill.

5th That the Commercial Laws of England, be declared to be the Laws of this Province, in all Matters of Trade and Commerce, subject to be Changed by the Legislature of Quebec, as in the preceeding Article.

6th That the Habeas Corpus Act, the 31st Charles 2d be made part of the Constitution of this Country.

7th That Optional Juries be granted, on all Trials in Courts of Original Jurisdiction. That they be regularly Baloted for, and a Pannel formed as in England; either in the Case of an ordinary or a Special Jury, at the option of the Party applying for the same, And that Nine Members out of the Twelve, may in Civil Causes, be sufficient to Return Verdicts, subject to be Modified by the Legislature of Quebec, as in the 4th Article.

8th That the Sheriffs be elected by the House of Assembly, and approved and Commissioned by the Governor, at the Annual meeting of the Legislature. That they hold their Appointment during the period elected for, and their good Behaviour; and that they find reasonable Security, for a faithful discharge of their Duty.

9th That no Officer of the Civil Government, Judge or Minister of Justice, be suspended by the Governor or Commander in Chief for the time; from the Honours, Duties, Salaries or Emoluments, of his Appointment; but with the advice and Consent of Your Majesty's Council, for the Affairs of the Province; which Suspension shall not Continue, after the Annual Sitting of the Council; unless it be approved by the same. The cause of Complaint if approved, to be thereafter reported to Your Majesty, for Hearing and Judgment thereon.

10th That no New Office be Created, by the Governor or Commander in Chief for the time; but with the Advice and Consent of Your Majesty's said Council and be approved at their Annual Meeting, as in the preceeding Article.

11th That all Offices of Trust be executed, by the Principal in the Appointment; unless by leave of Absence from the Governor, with advice and Consent of his Council; which leave of Absence, shall not extend to more than Twelve Months, or be renewed by the Governor, but with the Approbation of the Council, at the Annual Session.

12th That Judges be appointed, to preside in the Courts of the Province; to hold their places during Life, or their good Behaviour, and that they be rewarded with Sufficient Salaries, so as to confine them to the functions of administering Justice. That every Cause of Accusation for a Removal, proceeding from the Governor, shall follow the Rule laid down in the 9th Article. And every Cause of Accusation for a Removal, on the Part of the Public, shall proceed from the House of Assembly, and be heard by the Council; which, if well founded, shall operate a Suspension; and in either Case, be decided in Appeal and Report to Your Majesty.

13th That Appeals from the Courts of Justice in this Province to the Crown, be made to a Board of Council, or Court of Appeals, composed of the Right Hoñble The Lord Chancellor and the Judges of the Courts of Westminster Hall.

14th Your Petitioners beg leave, humbly to Represent to Your Majesty; that from their Proximity to the United States, who from Situation and Climate, have many advantages over them, the Internal Regulations for promoting the Trade, Agriculture and Commerce, of this Province; are now become more intricate and difficult; and will require great Care and Attention, on the part of the Legislature here; to watch over the Interests of this Country. They therefore request, that the Assembly may have the Power, of laying the Taxes and Duties, necessary for defraying the Expences of the Civil Government of the Province. And for that purpose, that the Laws now existing, laying Taxes and Duties to be levied in the Province, may be repealed.

Such may it please Your Majesty are the Intreaties and Prayers of Your loyal Subjects; and in full Confidence they trust, that Your Majesty will relieve them from the Anarchy and Confusion, which at present prevail, in the Laws and Courts of Justice of the Province, by which, their Real Property is rendered insecure, Trade is clogged, and that good Faith, which ought, and would subsist among the People, and which is the Life and Support of Commerce, is totally destroyed. And be Graciously pleased to Secure to them, a Constitution and Government, on such fixed, and liberal Principles, as may promote, the desire Your Affectionate Subjects of this Province have, of rendering this Mutilated Colony, a bright Gem in the Imperial Crown of Great Britain. And that may call on the present Generation, for their unceasing Acknowledgements and Gratitude. And upon the future, to feel as the present, that the Security and Happiness of the People and Province of Quebec; depend on an Union with, and Submission to, the Crown and Government of Great Britain.

In these pleasing hopes Your Petitioners as in Duty bound will ever pray &c. &c. &c.[168]

Quebec 24th November 1784

(Signed)

John MunroJohn Crawford
John MacDonaldJohn Johnston
Alexr ffraserAlexr MacPherson
Andrew DoeAlexr Macpherson
James BrymoreJohn Macpherson
Wm HemleyAndrew Martin
Joseph MusgraveJohn Young
Robert UrquhartJames Sherrar
John CoopsMalcom Mullun
Wm MillerPatrick Codey
J. StewartLouis Ratti
Robert SandesonJno Jones
James StiveinsonJosep Mather
James CollumJohn Daly
John BellJohann friedrib
John ThomsonJacob Stugman
Robt RusselJohn King
William RusselJohn Gawler
John FraserJohn Hay
Patk SulavanLauch Smith
George HarrowJames McNeill
John HendersonJas Sinclair
Donald SmithGeo. Sinclair
Robert GorrieJames Swan
James CurrieZachy MacAulay
Jas DuncansonCuthbert Grant
Elias SalomonDaniel Fraser
Alexr SparkJohn Pagan
Wm Lindsay JrMeredith Wills
Wm PersonJohn Rodhe
Luke GambeeAlexr Johnston
John Justus DiehlJohn Johnston
John UrquhartRobt Haddan
John BuchananJohn Ayton
Wm ThomasJohn Lynd
John ChillasHenry Crebassa
William GrantThomas Powis
George JinkinsRobert Woolsey
Willm WebbRobert Keating
John RobinsonHugh Jameson
Jas GibbonsJno Blackwood Jur
John McKutcheonWm Burns
Jas QuinFridrick Glackemeyer
John SaulMiles Prenties
Wm MackenzieC. J. Tanswell
John RossThomas Grahame
Henry CullAns Grant
Wm HayJas Grant
Alexr WallaceJas Greig
Jeffry ManningIsaac Roberts
Jno JonesAnthony Vanfelson
Saml CaseyW Roxburgh
Thos BennettFred: Petry
William LaingAlex. Greig
Da CameronP. Pollock
Wm GarrettJohn McCord Junr
Godfrey KingJas. Sinclair
Saml JefferysJames Woods
Dunccan MkensyGeorge Gillmore
John SimpsonRobert Ritchie
John PottsHugh Ritchie
Stephen CurtisJohn Ritchie
Mathew LymburnerHugh Merchall
David BarclayJames Johnston
Thomas SketchleyI. Fraser
A. FergusonJohn Buchanan
William MacniderRobert Lester
Roderic FraserWm Lindsay
Thos CaryConstant Freeman
Alexr RossEzekiel Freeman
David RossJohn Walter
J. BuchananWm Vonden Velden
Robt McfieNath. Taylor
Willm RitchieJno Taylor
Thoms BissbrownEdward O'Hara
Robert StewartDavid Schoolbred
Matthew StewartThos Watt
Hyam MyersA. Aylwin
Mathw MacniderC. Danbridge
James BowmanJno Purss
Charles GrantMalcolm ffraser
Adam LymburnerWilliam Bell
Robt WillcocksWilliam Wilson
John AntrobusRia Grey
Jno PainterSamuel Harris
John JonesAndrew Colly
William WilsonJohn Hay
Al. WilsonWilliam Carss
G. StuartDavid Morris
Richd DaltonJams Gordon
Jacob RoweJohn T. Doyle
John MunroWilliam Lane
Thomas McCordWilliam Crouch
John McCordWl Caw
John LampardDaniel Blunt
Rendel McDoneldWilliam Miller
Patrick LedwithJohn Fraser
Daniel DuncanJohn Rodolf Smith
Hugh RigbyCharles Smith
John ReidDavid Jacobs
John BrookSaml Pepper
Alexader annodJames Galbraith
Richd DunnWm Brown
Moses BrockettJas Melvin
John EvansJohn Woolsey
John RichardsonRobt Russel
Richard JanneysonW Courcy Gill
Francis DesrocherPhilip Sullivan
W: WardDunacan MDonald
Saml HenryJames Davidson
John StanleyMalcolm Fraser
John GreigAaron Hart
William MooreSam Sills
John SalmonWilliam Nelson
B. V. ClenchMoses Hart
Jno SalmonInhabitants of Three Rivers.⎨John Macpherson
John DormerJohn Fraser
Hugh FraserPhilip Lloyd
Joseph FraserJohn Sills
John WalshEzel Hart
Alexr McDonaldR. Mell
Alexr IverI. M. Bliss
Charles Daly JunrRobert Jones
W. CameronThomas Prendergast
Edward MackayJames Day
Cha StewartJoseph Ray
Isaac GayGeorge Rapper
John McBain

District of Montreal

Jacob JordanJacob Ruhn
James McGillFran Winton
James FinlayJohn Forsyth
Benjn FrobisherJohn Franks
Nicholas BayardWilliam Harkness
William KayWm Griffin
Alexr HenryRosseter Hoyle
J. BlackwoodRobert Griffin
Geo: McBeathAbraham Hart
Jno AskwithSamuel Gerrard
William AllenColin Hamilton
Joseph FrobisherLaurence Taaffe
Hugh RossWm Hy McNeill
Ancus CameronCharles Smyth
Alexander HayAngus Macdonald
Charles PatersonJohn Smith
Saml BirnieDd Lukin
James Dyer WhiteJames Cameron
J. McKinnsyG. Young
Felix GrahamR. Cruickshank
John GregoryJohn Rowand
J. GrantE. Edwards
David McCraeThomas Forsyth
John LillyD. Sutherland
Geo. SelbyJames Grant
W. MaitlandAllan Paterson
James CaldwellJohn Ross
R. SymLevy Solomons
Robert JonesLevy Solomon Junr
William TaylorJohn Turner & Sons
F. BleakleyUriah Judah
Jno BellChy: Cramer
Alexander CampbellAlexr Henry
I. R. SymesAdam scott
Robt McGrigorAlexr Mabbut
James LaingJonas schindler
R. GruetWilliam Hunter
David DavisAlexr Walmsley
John RusselHenry Edge
Thomas SullivanAllexr Martin
Richd DowieJames McNabb
(Oliver Church Late Lieut 2d BKRR New York)James Ruott
(John Dusenberg Ensn Late Loyal Rangers)Thomas McMurray
samuel BurchIsaac Judah
Levai MichaelsSaml Judah
Henry J. JessupLaurence Costille
Isaac Ht AbramsSaint Louis
Isaac HallHenry Campbell
John CampbellJohn Bethune
Donald FisherNomd MacLeod
Jos. ForsythJames Mackenzie
Wm Murray
James Finlay Junr
J. Symington
(H. Spencer Lieut late 2d BK. R.R. N. York)J. Pangman
Richd PollardJohn Tobias Deluc
John GrantCuthbert Grant
John McKindlayRobert Grant
Wm PackerThos Nadenhuvet
John McGillJames Foulis
Fras BadgleyWilliam Bruce
Peter PondJohn Macnamara
Thos BurnDaniel Sullivan
Davd Alexr GrantFinlay Fisher
Alexr CooperJohn Stewart
Richd McNeallDaniel Mackenzie
Alexr FraserJoseph Anderson
Thomas FrobisherPaul Heck
John OgilvyRobert Thomson
Andrew ToddSamuel Heck
Thomas CorryAlexr Milmine
Walr MasonRobert Smith
Gor. MooreWilliam Smith
R. J. WilkinsonJacob Tyler
James NoelChars Grimesly
Charles LillyWm Grimesly
Duncan FisherDavid Ross
John RidleyAbram Holmes
Alexr CampbellWilliam Fraser
John MilroyWilliam Hassall
Joseph HamlyDavid Ray
Saml WhiteThomas Busby Senr
Saml DouneyThomas Busby Junr
C. RolffsWilliam England
Wm HallConrad Marsteller
Geo. McDougallWilliam Creighton
Robert LindsayHugh Holmes
Jas RobertsonJervis George Turner
Thos BrekenridgeRd Warffe
John FoulisJames Nelson
Francis CrooksPhilip Cambell
Geo. Edw. YoungDuncan Cumins
George AirdHenry Gonnerman
Joseph ProvanFiredrick Gonnerman
Simon McTavishJohn Maxwell
John LawrenceThos Little
Saml EmburyChristr Long
S. AndersonEdward Gross
Nicholas Stoneman
Danl DalyJno Daly
Richd WhitehorseThos Oakes
James FraserJohn Grant
Alexander fraserWillm Wintrope
Richd WhitehouseJoel Andras
Levi WillardThomas Fraser
Joseph JohnsonJno Lumsden
M. CuthellWilliam Holmes
James LeaverNicholas Montour
Tobias BurkePatrick Small
Robt McGinnisDavid Rankin
Richd McGinnis(Richard Duncan late Capn Royl Yorkers)
John HicksDuncn Cameron
George HicksAndw Wilson
Stephen MilersDonald McDonell
William TilbyAngus McDonald
James PerryEd. Umfreville
Edward CorryJohn Lockhart Wiseman
Stephen Waddin
Peter Smith
Owen Bowen
Peter Grant
Jms Chaorles
James Fairbairn
John Hughes
Ranald McDonald
Watkin Richard
jenbaptiste Lafrenay
Thomas Sare
Andw Cockburn
Thos Isbusther
Joseph Landrey
Robert Withers

                    (Parchment copy)

endorsed: In Lt Govr Hamilton's No 2 of 9. Jany 1785


Canadian Archives. Q 24-1, p. 1. Given also in Q 27-1, p. 431. The first form of this petition was drawn up and dated 30th September, 1783, and is given in Canadian Archives, C.O. 42, vol. 15, p. 29. This was the petition from the ancient subjects only, which Mr. Wm. Dummer Powell, at that time a lawyer in Montreal, took over to Britain. His arrival with the petition is referred to in a letter of Sydney to Haldimand, dated 8th April, 1784. Sydney indicates his unwillingness to make any concession to those in favour of changes in the administration of Canada. See B. 45, p. 131. It is interesting to compare the earlier form of the petition with that of the following year, given here. There is omitted in the latter, for instance, the following interesting paragraph with reference to the temporary nature of the policy which dictated the Quebec Act and the other measures of the session of 1774 on the eve of the American Revolution. "Your Petitioners wish to forget, they forbear to animadvert upon the Constitution and the Government they have lived under since the passing of the Quebec Bill, whatever Reasons or Policy of State, whatever Idea of necessity at that critical Period might have pressed upon this People such an Act and Government so contrary to the growth, the Welfare and the Interest of a commercial state, so adverse to the Liberty of Your Majesty's Subjects in Quebec, so repugnant to the Royal assurances of a limited and mixed Government, whatever such Necessities or Reasons of state might then have been, your Petitioners presume they can now no longer have Existence to support that Act nor that any Consideration adverse to the true Principles of the English Constitution will prevail with Your Majesty to withhold from Your Petitioners and Your Subjects of this Province that Government, that Liberty, Safety and Comfort, that infinite source of Prosperity and Happiness which, under Your Majesty's Royal Word, have been the Means to induce their Residence in the Province of Quebec. Your Petitioners approach Your Majesty with the utmost respect, loyalty and attachment to intreat from the Crown and the Parliament of Great Britain a Repeal of the Quebec Act and the Establishment of a Government formed to move and exist upon the Principles which have raised and do support the English Constitution." Evidently it was recognized that the memory of that which was desirable to forget, should not be too conspicuously refreshed. Another feature which was dropped from the 12th recommendation in the first form of the petition, was the somewhat strenuously worded prayer that "With the utmost fervency Your Petitioners implore that Your Majesty will he Graciously pleased to appoint to the Court, and place on the Seats of Justice, Men of jurisprudent Learning." This had reference to the fact that the judges of the province, at that time, were none of them men trained in the Law, but were more noted as the political confidants and advisers of the Governor, by whom they were appointed and supported, and for whom they controlled a majority in the Council. The wise omission of all such references from the final form of the petition did not, however, prevent the public outbreak during the next few years of strong arraignments of the administration of justice on both legal and political grounds. The 14th Article of the final petition was added to meet the new situation resulting from the recognition of the independence to the late colonies.

See p. 163.

For a more detailed plan of the proposed Assembly, drawn up by the Committees of Quebec and Montreal at the same time as this petition, see the document which follows this, p. 753.

On the 22nd of April, during the session of the Legislative Council, Mr. Grant made the following motion: — "I move that a Committee of this Legislative Council be immediately named to take into Consideration, and draw up An humble Petition to His Majesty and Parliament, praying, That an Assembly, or such other constitutional elective Body be called to represent the people of this province; and in such manner and number, and so composed as to His Majesty in His Wisdom shall seem fit: In which Assembly, or elective Body, together with His Majesty's Council and Governor, shall be vested the usual legislative powers of an English Colonial Government. And I move that the following among other Reasons may be suggested in support of the said Petition, and this Motion." These reasons may be summarized as follows; 1st. As the Quebec Act prohibits the Council from levying taxes, except to a very limited extent for inhabitants of towns and districts, an elective Assembly is necessary to adequately provide for the needs of the Province. 2nd. For 24 years the Canadian people have been led to expect the establishment of Constitutional Government. 3rd. These expectations probably explain why the power of local taxation has not been called for, with the result that local improvements, such as roads, have either been maintained by the Crown or have fallen into decay. 4th. An Assembly with the power of taxation is the more necessary that the King, by the Act of 18 Geo. III, cap. 12, has relinquished the right of internal taxation in the colonies. 5th. That the power of raising revenue for the general welfare of the people is as essential to free government and the rights of British subjects as personal liberty and security. 6th. Representative Government is necessary in view of the immigration of the Loyalists and this is an opportune period to petition for it. 7th. The same petition should pray the King to direct trial by jury in civil cases, where desired by either party, the present system being anomalous. 8th. The extraordinary powers given to the Legislative Council by the 8th, 10th, 11th, & 14th sections of the Quebec Act, while its members are entirely dependent for their seats on the pleasure of the Crown, nine of them forming a quorum, and hence five having the power to conduct the business of the Province. See Minutes of Leg. Council, v. D., p. 179. The discussion on this motion was delayed by the order to have it translated into French. In the meantime La Corne St. Luc moved for an address to the Governor, expressing satisfaction with the Quebec Act and praying for its continuance. This was carried on a division of 12 to 5. As ultimately presented, the address, with Haldimand's reply, was as follows: — "May it please Your Excellency. We, the Members of the Legislative Council take the Liberty to represent to Your Excellency our Gratitude for His Majesty's paternal Goodness in the gracious Protection he has granted to the people of this province during the Troubles which have distracted the greatest part of the Continent of North America. At the same time We take the Opportunity of renewing our Solicitations to Your Excellency that You will be pleased to convey to His Majesty the Sense we have of the great Advantage which has accrued to the people of this province, and to the tranquility and safety of it, from the Act of parliament which was passed in their favour the 14th year of His Majesty's Reign; the continuation of which Law, the Result of that generous and tolerating Spirit which distinguishes the British Nation, will be the means of rendering the people of this province indissolubly attached to the Mother Country, and happy in the Enjoyment of their Religion, Laws and Liberties.

(Signed) Henry Hamilton President."

"The Governor's Answer — 

Gentlemen. I will transmit your Address to the Secretary of State, to be laid before His Majesty. The Ordinance passed this Sessions for securing the personal Liberty of the Subject, will contribute to remove the prejudices of the misguided against the Act of parliament which regulates the province, and at the same time will be the means to frustrate the attempts of the malicious and designing to create Confusion and Dissention within it. (Signed) Fred. Haldimand." Ibid. p. 200.

The vigour of this reply was doubtless heightened by the fact that the five members who voted against the Address, recorded their reasons of dissent. These were Lt.-Gov. Hamilton, Wm. Grant, Hugh Finlay, F. Levesque, and J. G. C. DeLery. They all considered that the changed conditions resulting from the independence of the late Colonies and the arrival of the Loyalists required changes in the Quebec Act and a more liberal and representative form of government. See ibid. pp. 188-196.

PLAN FOR A HOUSE OF ASSEMBLY.[169]

We conceive that the House of Assembly ought for the present, to consist of a Number not exceeding 70 Representatives, who ought all to profess the Christian Religion, And Speak and write the English or french languages.

When this plan was made out in fall 1784, the loyalists had not begun their new Settlements. As these new Settlements have been divided, and erected into five new districts,[170] it may be proper that each district send a certain number of Representatives, And that the two districts of Quebec and Montreal, containing the old settled part of the Country, be divided into a certain number of districts (for the purpose of electing Representatives only,) to choose Members for the house of Assembly.

That, to procure that Number, the City of Quebec (being the Capital) and Parish, and the City of Montreal and Parish, between them, elect 13. Members. The City of three Rivers 2. Members. And as there are in the province 120 parishes, that they be divided into Counties and districts according to the Number of Inhabitants, in such manner as each County or district may elect two or four Members.

 

That the Legislature have the power, on application to them, to erect such parishes as may in future be settled, into Counties or districts, to elect & Send Members to the Assembly, as the province increases in population.

That the qualification necessary to have a Vote at the Election of the representatives for the Cities shall be, a House, Shed or lot of Ground of the Value of forty Pounds Sterling; And, for the Counties or districts, a real Estate, Estate of Inheritance or Terre en roture, of at least, one and a half Acres in front by 20 Acres in Depth, or other Estate of higher denomination, And of which the Voter shall have the absolute property; lying within the district or County, or City and parish he votes for.

That the qualification necessary for a person offering himself to serve as a representative shall be a real Estate of Inheritance or descent in Lands or Houses of the Value of thirty Pounds Sterling yearly Rent. — 

That every person shall prove by Oath, (under the pains and penalties of perjury) his qualification to either Vote or represent, being of the age of twenty one years, And be absolute proprietor of the qualification.

That none but Males shall either Vote or represent.

That the Assembly have free liberty of debate, And the power of chusing a speaker.

That all laws relating to taxation or raising monies on the Subject, originate in the House of Assembly.

That the Assembly have the sole right to try and decide in all contested Elections.

That all affairs be carryed in the Assembly by a Majority of Votes.

That at every Meeting of the Assembly, the Speaker, And, at least one half of the representatives be necessary to form a house. — 

That the Governor or Lieutenant Governor for the time being, shall be obliged to call together the representatives in assembly, once every year, between the first of January and the first of May of every year, And, at any other time the Urgency of Affairs may require. — 

Endorsed: Plan for a House of Assembly drawn up by the Committee's of Quebec and Montreal, in November 1784.

In Mr. Lymburner's 24th July 1789


Canadian Archives, Q 42, p. 127. In his letter of July 24th, 1789, to the Hon. W. W. Grenville, Adam Lymburner, who was then in London as the agent of the subscribers to the petition of Nov. 24th, 1784, states. — "The Committee of Quebec and Montreal in the autumn 1784 apprehending there might be some difficulty about those matters in this Country — drew up a short sketch of a plan for a House of Assembly of which I have the Honour of inclosing a Copy." Q 43, 2, p. 777. The plan, however, does not accompany the letter but is found in vol. Q 42, as indicated. Concerning the committees mentioned we find the following in Smith's History. "To prevent, in some measure, the pernicious effects of false reports on the objects of Reform, and for the information of the public in general, committees were named and appointed to carry forward and support the petitions, and they were printed and distributed in the French language, all over the Province. History of Canada, &c., p. 166.

This marginal note was evidently added by Lymburner. The new Districts referred to were created by the Patent of July 24th, 1788, establishing and defining the Districts of Lunenburg, Mecklenburg, Nassau and Hesse. See Q 39, p. 122.

OBJECTIONS TO THE PETITION OF NOV. 1784.[171]

Objections

 

Aux Demandes Faites,

 

À Notre Auguste Souverain;

Par l'Adresse lue dans une Assemblée tenue chez les R. R. P. P. Recolets, le 30 Novembre 1784.

Demandé: au Prologue

Que, considerant le fardeau de la Grande-Bretagne, il nous soit accordé une Chambre d'Assemblée, pour imposer des Taxes, &c.

Répondu

Que c'est avec douleur certainement, que nous devons regarder le fardeau de notre Mere Patrie: mais hélas! ce ne peut être qu'une douleur infructueuse: car, quel reméde y pouvons-nous apporter? Nous, dont les besoins renaissent chaque jour; nous, qui, chaque année nous dépouillons jusqu'au dernier sol, pour payer les effets, (déjà consommés) qu'est obligée de nous fournir cette Mere Patrie; Nous, qui malgré les sommes énormes, que la guerre a occasionné de laisser en ce pays, sommes encore en arriere avec la Métropole, d'une balance de comptes considérable. Quelles sont donc nos ressources pour appuyer des Taxes? Sera-ce sur les Villes? Qui ne connoît pas l'indigence de leur Citoyens. Sera-ce sur les Terres? Qui ne sçait pas, que les Campagnes endetées envers les Villes, n'ont pu jusqu'à présent se liquider; que la misere est le partage d'une trés-grande partie de leurs Habitants. Que sera-ce donc, lors qu'une partie de leurs travaux sera consacrée pour le soutien de l'Etat?

Cet exposé, vrai tous ses points, doit convaincre, qu'une Chambre d'Assemblée, pour imposer des Taxes, est, non-seulement inutile, mais encore, prejudiciable aux intérêts de cette Colonie.

Art. I.
Demandé.

Que la Chambre soit indistinctement composée, d'anciens & nouveaux Sujets, &c.

Répondu.

Cet article demande une plus grande extention: car, par ce mot indistinctement, il pourra y avoir autant, & même plus d'anciens que de nouveaux Sujets dans la Chambre; ce qui seroit contraire au droit naturel, puisqu'il y a vingt Canadiens contre un ancien Sujet. Que deviendront nos droits confiés à des Etrangers à nos Loix.

Art. II.
Demandé.

Que le Conseil soit composé de trente Membres, sans appointements, &c.

Répondu.

Que cela sera bon, s'il se trouve assez de riches désintéressés pour prendre le parti du Peuple, l'honnête indigent étant dans l'incapacité de donner son temps pour rien.

Art. III.
Demandé.

Que les Loix Criminelles d'Angleterre soient continuées; &c.

Répondu.

Que la douceur de ces Loix doivent en faire désirer la continuation; mais demande inutile, puisque nous les avons.

Art. IV.
Demandé.

Que les Loix, Coutumes, & Usages de ce Pays soient continuées; sujettes néanmoins, aux altérations que la Législation trovera nécessaire, &c.

Répondu

Cet article est contradictoire; en se qu'il constate nos Droits, & les détruits entiérement. En effet, n'est ce pas les détruires, que de les soumettre aux altérations que la Législation trouvera nécessaire d'y faire? Ne deviendront-ils pas arbitraires? Que pourra-t-on statuer sur des Droits aussi changeants, que les Chambres auxquelles ils seront soumis?

Art. V.
Demandé.

Que les Loix de Commerce d'Angleterre soient déclarées celles de cette Province, sujettes aux mêmes altérations que l'article 4me. &c.

Répondu.

Que la réponse à l'article 4me est la même pour celui-ci.

Art. V
Demandé.

Que l'Acte d'Abeas Corpus soit en force, &c.

Répondu.

Que notre Auguste Souverain nous l'ayant accordé,[172] il est inutile de l'importuner pour cet objet.

Art. VII.
Demandé.

Que dans les Cours de Jurisdiction, il soit accordé des Jurés à la demande des Parties.

Répondu.

Que cet article est entiérement en faveur du Riche, contre le Pauvre. Si ce sont des Jurés ordinaires; Pauvres que deviendront vos familles, lorsqu'il vous faudra laisser vos travaux, une partie de l'année, pour aller décider des Causes qui ne vous regardent en rien? Vous vous plaignez déjà d'être obligés de les interrompre, lorsque vous êtes appellés pour les Affaires Criminelles, ce qui arrive six fois l'année. Que sera-ce donc, lorsque vous serez obligés d'assister à toutes les Audiences? Quelqu'un dira peut-être que cela se fait à Londres, qu'en conséquence on le peut faire dans ce pays. Que ce quelqu'un compare le nombre de citoyens de Londres, se montant à trois cens mille hommes environ, avec douze cens tout au plus que vous êtes dans cette Ville & ses Faux-bourgs. Pour lors il verra que vous serez obligés de vous trouver 250 fois à l'Audience, contre une fois que se trouve le Citoyen de Londres. Jugez par là si vous avez d'autre métier à faire & que deviendront vos familles.

Si ce sont des Jurés spéciaux, (en conséquence payés) quel est le pauvre qui pourra lutter contre un riche oppresseur, détenteur de son bien; qui, pour l'écraser, demandera des Jurés (qu'on ne pourra lui refuser) ne sera-ce pas mettre le pauvre dans l'alternative d'abandonner sa cause, ou se voir totalement ruiner, s'il vient à succomber. On se plaint des frais qu'entraîne la Justice. Qui pourra y suffire lorsqu'il faudra y joindre la paye de douze Jurés? n'est-ce pas fermer la porte du Sanctuaire de la Justice à l'indigent.

Art. VIII.
Demandé.

Que les Cheriffs soient élus par la Chambre, aprouvés & commissionnés par le Gouverneur, &c.

Répondu.

Que si le Cheriffs nommé par la Chambre ne convient pas au Gouverneur, que deviendra l'administration des Loix & de la Justice? De là ne s'ensuivra-t-il a par un temps d'anarchie, préjudiciable aux intérêts publics.

Art. IX.
Demandé.

Que nul Officier civil ne pourra être suspendu de sa charge, par le Gouverneur, sans le consentement du Conseil, &c.

Art. X.
Demandé.

Qu'aucune nouvelle Charge civile soit créée par le Gouverneur, sans le consentement du Conseil, &c.

Art. XI.
Demandé.

Que les Emplois de confiance soient exercés par les Personnes mêmes, &c.

Répondu.

Que les trois articles précédents seroient admissibles en temps & lieu.

Art. XII.
Demandé.

Qu'il soit nommé des Juges dans les Cours de la Province, qu'ils ayent des appointements fixes & suffisants, &c.

Répondu.

Qu'il est juste d'avoir des Juges pour administrer la Justice, qu'-ils aient des appointements suffisants pour vivre convenablement à leur état. Car, sans cela, ou ils négligeront les devoirs de leur Charge, pour s'occuper de soins qui puissent les mettre plus à leur aise, ou ils mettront la Justice a l'enchere.

Art. XIII.
Demandé

Que les appels des Cours de Justice de cette Province soient faits au Lord Chancellier, à la Cour de Westminster Hall.

Répondu.

Que nous avons eu jusqu'à présent recours au Roi & à son Conseil, qui prenoit nos Loix pour guides de leur décision. Mais que deviendront tous nos Droits rapportés dans une Chambre qui ne s'écarte en rien des Loix & Constitutions Britanniques? Hors, si le Conseil de la Province change vos Loix, & y substitue celles d'Angleterre, dans quelle confusion & embarras ne nous mettra-t-il pas? Si au contraire il les laisse subsister, quel moyen d'appel aurons-nous dans une Chambre qui y fait une entiere abstraction.

Art. XIV.
Demandé.

Qu'il Plaise à Sa Majesté, pour le bien du Commerce & faire fleurir l'Agriculture, revêtir la Chambre d'Assemblée du pouvoir d'imposer des Taxes, &c.

Répondu.

Que cet article, mûrement considéré, pourroit donner matiere à bien des réflexions. Car, qu'y a-t-il de commun entre nos demandes & cette proximité, ce climat, cette situation des Etats-Unis, qui leur donne l'avantage du Commerce sur nous? Sera-ce par le moyen des Taxes qu'on prolongera notre été de trois mois, qu'on rendra notre Fleuve navigable toute l'année? non: donc, l'avantage restera toujours chez nos voisins. Sera-ce les Taxes qui feront fleurir notre Agriculture? non: puisque les Seigneurs, pour l'encourager, donnent des Terres pour trois ans sans aucune redevance, & qu'elles restent incultes faute de moyens pour les ouvrir.

Qu'est-ce donc qui peut compenser leur avantage sur nous? C'est le repos dont nos campagnes ont jouis jusqu' à présent; exemptes de Taxes, elles ont vus, malgré l'appreté du climat, le fruit de leurs travaux, & en ont jouis. A cela on répond que les campagnes ont été molestées par le logement des Troupes & les corvées, il est vrai; mais les Taxes qu'on leur imposera les extempteront-ils de cela. Voyons-le.

Lorsque le Roi jugera nécessaires d'envoyer des Troupes dans cette Colonie pour la sûreté de nos propriétés. Quelqu'un s'y opposera-t-il? Non c'est un droit que le Roi a dans tous ses Etats, sans même être obligé d'en rendre compte. Avons-nous des Cazernes en état de loger ces Troupes? non: peuvent-elles être toute l'année sous des tentes? non; donc, nous ferons des Cazernes où nous les logerons.

Les Troupes menent avec elles un train considérable de munitions, vivres, &c. Qui transportera ces effets à leurs destinations? des gens de bonne volonté, dit-on, qu'on payera bien. Vous aurez des gens de bonne volonté, il est vrai, mais à des prix si exhorbitants, que la Province ne pourra pas suffire à cette seule branche de dépense. Les taxera-t-on? il n'y en aura plus. Donc, pour ne pas arrêter des travaux aussi indispensables, on sera obligé de commander; en conséquence nous ferons des Corvées.

Quelqu'un dira, peut-être, comme il a déjà été dit, qu'on prendra, ce qu'on appelle Volontaires dans les campagnes. Voilà donc une classe d'hommes Libres condamnés à l'Esclavage. N'est-ce pas assez que la fortune leur soit ingrate, sans encore aggraver leur malheur par la servitude. Cela étant inadmissible, tout bien consideré, mûrement examiné; il faut conclurre que les Taxes ne pourront pas nous exempter, ni du logement des Troupes, ni des corvées: qu'en conséquence la Chambre, pour les imposer, est contraire aux intérêts de cette Colonie indigente.

Fin.

Je certifie que dans le courant du mois de Décembre de l'année 1784 j'ai imprimé aux environ de Deux cens exemplaires des Objections ci-dessus & environ le même nombre d'une Adresse à Sa Majesté, en Opposition à la Chambre d'Assemblée (dans le même espace de temps) Montréal 29 Xbre 1788.

fl. Mesplet

   imprimeur


Canadian Archives, Q 40, p. 199. This reply to the petition of Nov. 24th, 1784, was sent, together with other papers, in a despatch from Dorchester to Sydney, dated Jan. 10th, 1789. As the certificate appended to it indicates, it was drawn up and printed in Dec., 1784.

Referring to the Ordinance of 24 Geo. III, cap. 1. See note 1, p. 741.

(Translation)

OBJECTIONS

To the Requests Made

 

To Our August Sovereign;

In the Address read at an Assembly held at the house of the R.R.P.P. Recolets, the 30th of November 1784.

Requested in the Prologue.

That, considering the burden of Great Britain, a House of Assembly should be granted us, to impose Taxes, &c.

Replied.

That we ought certainly to view with sorrow the burden of our Mother Country; but alas! it can only be a fruitless sorrow, for what remedy can we offer? We, whose wants increase day by day; we, who, every year despoil ourselves of our last farthing to pay for the supplies, which this Mother Country is compelled to furnish us, and which are already exhausted; we, who in spite of the enormous sums, which in consequence of the war have been left in this country, are still in arrears with the parent state, for the balance of a considerable sum. What then are the resources on which taxes could be levied? Is it on the Towns? Who does not know the poverty of their Citizens. Is it on the Lands? Who does not know that the rural districts are in debt to the Towns, and have at present nothing with which to liquidate; that misery is the lot of a very large portion of their Inhabitants? What will be the result then, if a portion of their labours must be applied to the support of the State?

This representation, which is true in every point, ought to be convincing evidence that a House of Assembly for the imposition of Taxes is not only useless, but would be prejudicial to the interests of this Colony.

Art. I.
Requested.

That the Chamber be indifferently composed of the ancient and new Subjects, &c.

Replied.

This article requires more explanation: for, from this word indifferently, there might be as many and even more ancient than new Subjects in the House, which would be contrary to natural right, as there are twenty Canadians to one ancient Subject. What would become of our rights if they were entrusted to Strangers to our Laws?

Art. II.
Requested.

That the Council be composed of thirty members without salaries, &c.

Replied.

This might be satisfactory if there were enough disinterested rich men to take the part of the people, the honest poor man being unable to give his time for nothing.

Art. III.
Requested.

That the Criminal Laws of England be continued here.

Replied.

That the leniency of these laws would make their continuation desirable; but the demand is unnecessary, since they are in force.

Art. IV.
Requested.

That the Laws, Usages and Customs of this Country be continued; subject nevertheless, to those changes that the Legislation may find necessary, &c.

Replied.

This article is contradictory; in that it affirms our Rights, and completely destroys them. For as a matter of fact, is it not destroying them to subject them to any alterations which the Legislation may find it necessary to make? Would they not become arbitrary? What statutes could be based on Rights as changeable as the House to which they will be submitted?

Art. V.
Requested.

That the Commercial Laws of England be declared those of this Province, subject to the same alterations as in Article IV. &c.

Replied.

That the reply to article IV will serve for this article.

Art. VI.
Requested.

That the Act of Habeas Corpus shall be in force, &c.

Replied.

That our August Sovereign having granted it to us, it is unnecessary to trouble him further concerning it.

Art. VII.
Requested.

That in the Courts of Jurisdiction, Juries may be granted at the request of the Parties concerned.

Replied.

That this article is entirely in favour of the Rich against the Poor. If they are the ordinary Juries; Ye poor men, what will become of your families when you are forced to leave your work, for a part of the year, to go and decide causes which in no way concern you? You already complain at being compelled to interrupt your work when you are summoned for Criminal Affairs, which occurs six times in the year. What would be the result if you were obliged to take part in every sitting? Some one perhaps will say that this is done in London, and it can therefore be done in this country. But let such a one compare the number of citizens in London, amounting to about three hundred thousand men, with twelve hundred which, at the most, is all that you are in this town and its suburbs. He will then see that you would be obliged to be present at the sittings, two hundred and fifty times for every time that a citizen of London need appear. Judge from this if you have any other trade to carry on, what would become of your families.

If the Juries are special ones (and in consequence remunerated) what poor man is there who could contend against a rich oppressor who has unjustly seized his property; and who, to crush him, may demand a Jury (which could not be refused him) would not this force the poor man to the alternative of giving up his cause, or of being totally ruined if he loses. Complaints are now being made of the expense which Justice entails. Who will be able to afford it, when the payment of twelve Jurors is to be added? Would not this close the door of the Sanctuary of Justice to the poor?

Art. VIII.
Requested.

That the Sheriffs shall be elected by the House, approved and commissioned by the Governor, &c.

Replied.

That if the Sheriff nominated by the House does not please the Governor, what will become of the administration of the Laws of Justice? Will not a time of anarchy in consequence ensue, prejudicial to the public interests.

Art. IX.
Requested.

That no civil Officer shall be suspended from his office by the Governor without the consent of the Council, &c.

Art. X.
Requested.

That no new civil Office shall be created by the Governor without the consent of the Council, &c.

Art. XI.
Requested.

That all positions of trust shall be filled by the persons themselves, &c.

Requested.

That the three preceding articles would be admissible time and place considered.

Art. XII.
Replied.

That Judges shall be appointed for the Courts of the Province, and that they shall have fixed and sufficient stipends.

Replied.

That it is right to have Judges to administer Justice, and that they ought to have stipends sufficient to live suitably to their station. For, without that, they will either neglect the duties of their office, to occupy themselves with the care of their own interests, or they will put Justice up to auction.

Art. XIII.
Requested.

That appeals from the Courts of Justice of this Province be made to the Lord Chancellor, at the Court of Westminster Hall.

Replied.

That up to the present time we have made appeals to the King and his Council, who have taken our Laws as the guide of their decisions. But what will become of our Rights when brought before a Court which will deviate in nothing from the British Laws & Constitution? And further if the Council of the Province changes your laws, and replaces them by the laws of England, in what confusion and difficulty shall we not be placed? If, on the contrary, they are allowed to remain in force what means of Appeal shall we have in a Court which entirely ignores them.

Art. XIV.
Requested.

That it may Please His Majesty in the interests of Commerce, and for the encouragement of Agriculture to invest the House of Assembly with power to impose Taxes, &c.

Replied.

That this article duly considered would give rise to many reflections. For what community is there between our requirements & the proximity, the climate, and the situation of the United States which give them the advantage in Trade over us? Would the imposition of Taxes add three months to our summer, and make our river navigable for the whole year? No: then the advantage would still be on our neighbours' side. Would Taxes make our Agriculture flourish? No: for the Seigniors to encourage Agriculture give the lands for three years, exempt from all dues, and the lands often lie uncultivated for lack of means to work them.

What is it then that compensates for the advantages they possess over us? It is the peace that our rural districts have hitherto enjoyed; free from Taxation, and in spite of the severity of the climate, they have seen the fruit of their labours, and have enjoyed it. To this it may be urged that the rural districts are harassed by the billeting of Troops and by corvées. This is true, but would the imposition of Taxes exempt them from this burden. Let us see.

When the King considers it necessary to send Troops into this Colony for the safety of our possessions, would any one oppose it? No, this is a right which the King possesses in all his Dominions, without even being obliged to give account of his action. Have we Barracks in a condition for housing these Troops? No; can they live the whole year under canvas? no; then we must either construct Barracks, or lodge them.

Troops bring with them a considerable amount of ammunition, provisions, &c. Who is to transport these goods to their destination? willing men, it will be said, who will be well paid. You can get willing men, it is true, but at a rate so exorbitant that the Province would not have enough to pay for this one branch of defence. If you impose taxes upon them, you will no longer find them. So then, not to put a stop to work so indispensable, it will be necessary to commandeer; and in consequence we must have recourse to Corvées.

But someone will perhaps say as has already been said, that what are called Volunteers will be raised in the country. Here then would be a band of Freemen condemned to Slavery. Is it not enough for fortune to have treated them so unkindly, without increasing their misery by slavery. This being inadmissible, taking everything into consideration it appears conclusive after mature deliberation that Taxation cannot exempt us from the billeting of Troops, or from corvées; and that consequently an Assembly for the imposing of Taxes would be contrary to the interests of this impoverished Colony.

End.

I certify that during the Course of the month of December of the year 1784, I have printed about two hundred copies of the Objections and about the same number of an Address to His Majesty in opposition to the House of Assembly, (in the same space of time) Montreal 29th December 1788.

fl. Mesplet

    printer.

ADDRESS OF ROMAN CATHOLIC CITIZENS TO THE KING.[173]

(Copie)

LA TRÈS HUMBLE ADDRESSE DES CITOYENS ET HABITANS CATHOLIQUES ROMAINS DE DIFFERENTS ETATS DANS LE PROVINCE DE QUEBEC, EN CANADA

Au Roi.

Sire,

Les Bontés dont Votre Cœur Royal et Généreux a pris plaisir à combler Vos fideles et loyaux Sujets Canadiens, les Démarches actuelles et prematurées de Vos Anciens Sujets residents dans notre Province, et le petit Nombre de Nouveaux qui se sont joint à eux, nous font espérer que Votre Très Gracieux Majesté nous permettra de nous prosterner derechef au Pied de son Trône, pour implorer Sa Bienfaisance et Sa Justice.

Dans les Addresses que nous avons pris la Liberté de faire passer à Votre Majesté Deux Objets ont eu l'Unanimité de nos Con-citoyens; la Religion de nos Pères etoit pour Vos Nouveaux Sujets, comme pour tous les Peuples du Monde, le Point essentiel de nos Demandes. Animés de cette Confiance, que la Générosité de notre Souverain nous inspiroit, nous espérions et nous espérons encore, que Votre Majesté nous accordera les Moyens nécessaires pour la perpétuer dans notre Colonie: Nous avons, Très Gracieux Souverain, un Besoin urgent de Prêtres pour remplir les Seminaires et Missions de notre Province; des Régents et des Professeurs de cette Classe, et de toute autre, nous manquent: Nos Collèges sont deserts; de ce Defaut provient l'Ignorance, et de-là la Depravation des Mœurs. C'est un Peuple soumis, un Peuple fidele, qui attend de Votre Clémence Royale La Liberté de tirer de l'Europe des Personnes de cet Etât.

Le second Objet, Très Gracieux Souverain, étoit, que sous quelque Forme de Gouvernement qu'il plairoit à Votre Majesté établir en cette Province, Vos Sujets Canadiens Catholique jouissent indistinctement de tous les Priviléges, Immunités, et Prerogatives dont les Sujets Britanniques jouissent dans toutes les Parties du Globe soumises à Votre Empire. De ce second Objet S'ensuivoit notre Désir le plus ardent de voir dans le Conseil Legislatif de notre Province un plus grand Nombre de vos nouveaux Sujets Catholiques, proportionnement à celui qu'ils composent; de Personnes expertes dans nous Coûtumes, qui devant naturellement mieux connoître nos Loix municipales, nous en feroient plus efficacement ressentir les Avantages suivant les Intentions Royales de votre Majesté, qui nous les à Octroyé.

Une Colonie naissante, un Peuple très-imparfaitement instruit des Loix et constitutions Britanniques, ne croit pas devoir inconsiderément demander des Loix et Coûtumes à lui inconnues; il doit, au contraire, et telle e[s]t l'Opinion de Vos Suppliants, S'en rapporter entierement à la Bienveillance de Son Auguste Souverain, qui fait mieux le Gouvernement qui convient à ses Sujets, et les Moyens les plus propres à les rendre heureux.

Qu'il nous soit permis seulement d'assurer Votre Majesté que nous ne participons en aucune Manière aux Demandes de Vos Anciens Sujets, conjointement avec quelque Nouveaux,[174] dont le Nombre, en Egard à celui qui compose notre Province, ne peut avoir beaucoup d'Influence.

Que la Majeure Partie des principaux Propriétaires de notre Colonie n'a point été consultée.

Qu'il Vous plaise, Très Gracieux Souverain, considerer que la Chambre d'Assemblée n'est point le Voeu unanime, ni le Desir général de Votre Peuple Canadien, qui par sa Pauvreté, et les Calamités d'une Guerre recente, dont cette Colonie a été le Theâtre, est hors d'Etât de supporter les Taxes qui en doivent nécessairement resulter; et qu'à bien des égards leur Petition paroit contraire et inconsistante avec le Bonheur de Nouveaux Sujets Catholiques de Vôtre Majesté.

C'est pourquoi, Très Gracieux Souverain, nous Vous supplions, qu'en Consideration de la Fidelité et Loyauté de Vos Sujets Canadiens, dont leur ancien Gouverneur, Sir Guy Carleton, a eclairé la Conduite dans les Circonstances les plus critiques, il soit permis à nos Evêques Diocesains de tirer d'Europe les Secours Spirituels; qui nous sont si indispensablement nécessaires, que le libre Exercise de notre Religion sont continué dans toute son Etendue, sans aucune Restriction, que nos Loix Municipales et Civiles nous soient conservées dans leurs Entier; et ces deux Points, avec les mêmes Prérogatives[175] dont nos Pères et nous jouissions avant la conqûete de ce Pays par les Armes Victorieuses de Votre Majesté; que Vos nouveaux sujets Catholiques, qui forment les Dixneuf-Vingtieme de cette Province ayent à l'avenir, en Proportion de cette Nombre, une plus grande Part à la Distribution de Vos Faveurs Royales. Et que dans le Cas que Votre Auguste Volonté fût d'acquiescer aux Demandes de Vos Anciens Sujets conjointment avec quelques nouveaux, il vous plaise surseoir Votre Decision Royale jusqu'a ce que tous les Corps et Etâts qui composent notre Colonie ayent été généralement et légalement convoqués, ce que la Saison trop avancée nous empêche de faire en ce Moment; afin que par ce Moyen le Voeu unanime de notre Nation puisse étre transmis à Vôtre Majesté.

C'est que Vos fideles et loyaux Sujets Canadiens, fondés sur Droit Naturel, et plus encore sur Vos Bontés Paternelles, espérent humblement obtenir de leur Très Gracieux Souverain: Ils ne cesseront de prier pour la Conservation de Sa Personne Sacrée, pour son Auguste Famille, et la Prosperité de ses Royaumes. Tels sont les sentiments qui les font souscrire avec le plus profond Respect.

 

Sire

  De Votre Majesté

    Les tres-humble,

      trés-obeissants Fideles

        et loyaux Sujets.


Canadian Archives, Q 62A — 1, p. 297. No names are appended to this petition and it is without date, but it evidently belongs to this period, and is doubtless the one referred to in the printer's note at the end of the preceding document, as being issued along with it. An interesting appeal to the French Canadians generally to protest against the petition of the English together with some of the French citizens, for the repeal of the Quebec Act, was printed and circulated, without signatures or date, under the heading of "Freres et Compatriotes." A copy of this was enclosed in a letter of 10th June, 1785, from Finlay to Nepean, Under Secretary of State. The origin of it is sufficiently indicated by the upbraiding administered to the people for not following the counsel of the clergy and the seigneurs, which would have prevented the quartering of English troops upon them. In any case, if there is to be a representative government, it must be on the basis of three equal Estates, "le Clergé, la Noblesse et la Bourgeoise." In England it is true they have representative government, but that only leads to the levy of taxes. They are told by the agitators that in Canada an assembly will protect them from the corvées; but in England, with their Parliament they have also the press gang, which tears away the youths from their families for four, five, and six years. See C.O. 42, vol. 17, p. 184.

Referring to the petition of Nov. 24th, 1784. See p. 742.

This and other expressions in the document would indicate that this petition was presented by the noblesse and the higher clergy.

(Translation.)

(Copy)

THE VERY HUMBLE ADDRESS OF THE ROMAN CATHOLIC CITIZENS AND INHABITANTS OF DIFFERENT CONDITIONS IN THE PROVINCE OF QUEBEC IN CANADA

To the King.

Sire,

The Favours which it has pleased Your Royal and Generous Heart to heap upon Your faithful and loyal Canadian Subjects, the present illconsidered Measures of Your Ancient Subjects resident in our Province, and the small Number of New Subjects who have joined them, make us hope that Your Most Gracious Majesty will allow us to kneel down at the Foot of your Throne to implore Your Benevolence and Your Justice.

In the Addresses which we have taken the Liberty of transmitting to Your Majesty, Two points have the unanimous Consent of our Fellow-citizens. The Religion of our Forefathers was for Your new Subjects, as to every People in the World, the essential Point of our Petitions. Animated by that Confidence with which the Generosity of our Sovereign inspired us, we hoped, and still hope that Your Majesty will grant us the necessary Means for perpetuating it in our Colony. We are, Most Gracious Sovereign, in most urgent need of Priests to carry on the work of the Seminaries and Missions of our Province; Directors and Professors of this Class, and indeed of any other are lacking. Our Colleges are deserted; from this want arises Ignorance, and from Ignorance Moral Depravity. Submissive and loyal, this People hope to receive from Your Royal Clemency, Permission to bring from Europe, Persons of this Class.

The second Object, Most Gracious Sovereign, was that under whatever Form of Government might seem best to Your Majesty to establish in this Province, Your Catholic Canadian Subjects, without distinction, might enjoy all the Privileges, Immunities, and Prerogatives, enjoyed by British Subjects in all those Parts of the Globe, which are under Your Sway.

From this second Object follows our most earnest Desire to see in the Legislative Council of our Province a larger Number of Your New Catholic Subjects in proportion to their numbers; Persons experienced in our Customs, who being naturally better acquainted with our Municipal Laws, would more effectually impress on us the Advantages resulting from the Royal Instructions of Your Majesty, who has granted them to us.

An Infant Colony, a People very imperfectly acquainted with the British Laws and Constitution does not feel that it ought, without due consideration, to ask for Laws and Customs as yet unknown to it; it ought, on the contrary, and such is the opinion of Your Petitioners, to cast itself entirely on the Goodness of its August Sovereign, who can best form the Government which is most suited to his Subjects, and employ the Measures most fitted to render them happy.

May we be allowed to assure Your Majesty, that we in no wise concur in the Petitions of Your Ancient Subjects, conjointly with some New Ones, whose Number compared with the total number comprised in our Province, can exercise but little Influence.

That the Greater Number of the principal Proprietors of our Colony have not been consulted.

May it please You, Most Gracious Sovereign, to consider, that the House of Assembly is not the unanimous Wish, nor the general Desire of Your Canadian People, who through Poverty and the Misfortunes of a recent War, of which this Colony has been the Theatre, are not in a Condition to bear the Taxes which must necessarily ensue, and that in many respects to Petiton for it appears contrary to, and inconsistent with the wellbeing of the New Catholic Subjects of Your Majesty.

For this reason, Most Gracious Sovereign, we entreat You that in Consideration of the Fidelity and Loyalty of Your Canadian Subjects, to whose Behaviour in the most critical Circumstances, their former Governour Sir Guy Carleton has testified, our Diocesan Bishops may be allowed to bring over from Europe the Spiritual Help, which is so indispensably necessary for us, that the free Exercise of our Religion may be continued to us to the fullest Extent, without any Restriction, that our Municipal and Civil Laws may be preserved in their Entirety, and that with these two Points may be granted the same Privileges enjoyed by our Forefathers and ourselves, before the Conquest of this Country by the victorious Arms of Your Majesty; that Your new Catholic Subjects, who form nineteen twentieths of this Province, may in the future, proportionately to their Number, have a larger Share in the Distribution of Your Royal Favours. And that, in Case it should be Your Royal Will to agree to the Petitions of Your Ancient Subjects, and of some New Ones, it may please you to suspend Your Royal Judgment till all the Classes and Communities which compose our Colony shall have been universally and legally called together, which the Lateness of the Season, at present prevents us from doing; so that by these Means the unanimous Wish of our People may be transmitted to Your Majesty.

This is what Your faithful and loyal Canadian Subjects, relying upon Natural Right, and still more, upon Your Paternal Affection, humbly hope to obtain from their Most Gracious Sovereign. They will never cease to pray for the Preservation of Your Sacred Person, for your August Family, and for the Prosperity of your Realm. Such are the feelings which lead us to subscribe ourselves, with the deepest Respect.

    Your Majesty's

        Most humble,

            most obedient Faithful

                and loyal Subjects.

A DRAUGHT OF A PROPOSED ACT OF PARLIAMENT FOR THE BETTER SECURING THE LIBERTIES OF HIS MAJESTY'S SUBJECTS IN THE PROVINCE OF QUEBECK IN NORTH AMERICA;[176]

or

An Act to explain and amend an Act Passed in the fourteenth Year of the Reign of His present Majesty, intitled, "An Act for making more effectual Provision for the Government of the province of Quebeck in North America."

N.B. Mr. Powis moved for leave to bring in a bill to this effect in April, 1786.[177]

The laws of England relating to the writ of Habeas Corpus ad Subjiciendum, and the Protection of personal Liberty, shall take place in the Province of Quebeck, after the 1st day of September, 1785.

For the better securing the Liberties of His Majesty's Subjects in the Province of Quebeck in North America, It is hereby Enacted by the King's Most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled, That all the Laws of England relating to the Protection of personal Liberty by and by Virtue of the Writ of Habeas Corpus ad Subjiciendum, or otherwise, that were in force in England on the seventh Day of October in the Year of our Lord Christ one thousand, seven hundred, and sixty three, (being the Day of the Date of His Majesty's Royal Proclamation under the Great Seal of Great Britain for erecting four new civil Governments in the Countries and Islands then newly ceded to the Crown of Great Britain, to wit, the Governments of Quebeck, East Florida, West Florida, and Grenada) shall be in force in the said Province of Quebeck from and after the first Day of next September in this present Year of our Lord one thousand, seven hundred, and eighty-five, as being one of the principal Benefits of the Laws of England that were promised in His Majesty's Proclamation above-mentioned to His Majesty's Subjects residing in the said Province. And further the said Writ of Habeas Corpus shall be granted in the Manner prescribed by the Statute made in that Behalf in the thirty-first Year of the late King Charles the Second, not only in all Criminal, or supposed Criminal, Cases, but in all other Cases, whatsoever in which the said Writ of Habeas Corpus might have been granted in Term-Time by the Court of King's Bench in England, on the said seventh Day of October in the Year of our Lord one thousand, seven hundred, and sixty-three.

But they may be Suspended for three months at a time by an Ordinance of the Legislative Council of the Province in times of actual rebellion in the Province or of an invasion of it by a foreign Country.

Provided nevertheless, that, when the Peace of the said Province shall be actually broken, either by a Rebellion or any of His Majesty's Subjects in the said Province against His Majesty's Authority, or by an Invasion of the said Province by a foreign Enemy, but in no other Case whatsoever, it shall and may be lawful for the Governor in Chief, or the Commander in Chief, of the said Province, or, in Case of his Death or absence from the said Province, for the Lieutenant-Governour, or Commander in Chief, of the said Province, by and with the Advice and Consent of the Legislative Council of the said Province, in a Meeting of the said Council in which not fewer than seventeen Members of the same shall be present, to pass an Ordinance for suspending the Right of His Majesty's Subjects in the said Province to the Relief afforded by the said Writ of Habeas Corpus for the space of three Months, and no longer; by Virtue of which Suspension all Persons that shall have been committed to Prison by the Warrant, or order in writing, of any lawful Magistrate, in the Province having competent Jurisdiction to make such Commitments, upon either a positive Charge, or a Suspicion, of High Treason, expressed in the said Warrant, or Order, may be detained in Custody without Bail or Mainprize to the End of the said three Months, during which the said Ordinance for suspending the Writ of Habeas Corpus shall be in Force. And it shall also be Lawful for the Governour in Chief or Lieutenant-Governour, or Commander in Chief, of the said Province, with the legislative Council of the same, in a Meeting of the said Council, in which not fewer than seventeen Members shall be present, in case the Disturbance of the Peace in the said Province shall continue during the Space of two Months, or more, out of the said three months of suspension of the Habeas Corpus appointed by such first Ordinance, to pass a second Ordinance at the end of the said two Months, or more, to prolong the suspension of the said Writ of Habeas Corpus for a further Time, so that it shall continue for the Space of three Months from the Time of passing such second Ordinance; and so on from Time to Time, at the Distance of two Months or more from the Time of passing any such Ordinance, it shall be Lawful to pass another Ordinance to prolong it's Operation for a further Space of Time, so that it shall continue for the Space of three Month's from the Time of passing every such preceeding Ordinance, so long as the Continuance of the Disturbance of the Peace of the Province shall make such Ordinances necessary.

The Governor of the said Province shall in no Case imprison any-person by his own Warrant, or order.

And it is further Enacted by the Authority aforesaid, That from and after the said first Day of September next in the present Year of our Lord one thousand, seven hundred and eighty-five, it shall not be Lawful in any case for the Governour in Chief of the said Province, or, in Case of his Death or Absence from the said Province, for the Lieutenant-Governour, or the Commander in Chief, of the said Province, (who in such cases become invested with the Powers and Privileges of the Governour in Chief, and cannot be prosecuted criminally in the Courts of Justice in the Province,) to commit any Person whatsoever to Prison for any Offence, or Cause, whatsoever by his own Warrant, or Order: but all such Imprisonments shall be made, when necessary, by the Warrants, or Orders, of the Chief Justice of the said Province, or of the Judges of the King's Courts in the said Province, or by the Justices of the Peace, or Commissioners of the Peace, in the said Province, or other Magistrates having competent Jurisdiction in the said Province, by their Warrants, or Orders in Writing, in which the Offences, or Causes, for which such Imprisonments shall be made, shall be expressed.

And the said Warrants, or Orders in Writing, shall remain in the Hands of the Keepers of the Prisons to which such Offenders shall be committed, to the End that they may be produced by them as the Grounds of their Justification for having detained such Persons in Prison, either when they shall be required by the Chief Justice, or other Judges of the Province, by Means of a Writ of Habeas Corpus ad Subjiciendum, to bring up the Bodies of the Prisoners detained in their Custody, together with the Causes of their being so detained, before the said Chief Justice, or other Judges, or when they shall be sued in any of the Courts of Justice in an Action of Trespass and false Imprisonment for having so detained any of the said Prisoners.

Proviso with respect to the power of arresting Military Officers, or Soldiers, which he may have, if he shall be an Officer of the Army, by virtue of any Act of Parliament for the punishment of mutiny and desertion.

Provided nevertheless, that nothing herein before enacted shall prevent the Governour in Chief, or Lieutenant-Governour, or Commander in Chief, of the said Province, being a Military Officer in His Majesty's regular Troops, from arresting and keeping under Arrest any Officer, or Soldier, in the said Troops, that is under his Command, by Virtue of any Authority he may be invested with for that purpose by any Act of Parliament for the Punishment of Mutiny and Desertion in the Army that may be then in Force; but he shall have the same Right to exercise such Military Authority as he would have had if he had not been the Governour in Chief, or Lieutenant-Governour, or Commander in Chief, of the said Province.

The Members of the Legislative Council shall not be liable to be removed, or suspended by the Governour of the Province but only by the King.

And it is further Enacted by the Authority aforesaid, That from and after the said first Day of September next in the present Year of our Lord one thousand seven hundred, and eighty-five, no Member of the said Legislative Council shall be liable to be either removed from his place and Office of a Member of the said Council, or Suspended from his Exercise of the same for any Time, how short soever, by the Governour in Chief of the said Province, nor in any other Manner than by His Majesty's Order in his Privy Council of Great Britain, or under his Signet and Sign-Manual counter-signed by one of His Majjesty's principal Secretaries of State.

The Judges of the Province shall not be liable to be removed or suspended by the Governour, but only by the King.

And it is hereby further Enacted by the Authority aforesaid, That, from and after the said first Day of September in this present Year of our Lord one thousand, seven hundred, and eighty-five, neither the Chief Justice of the said Province nor any of the Judges of the Courts of Criminal or Civil Jurisdiction in the same, shall be liable to be removed from his Office of Chief Justice, or Judge, by the Governour in Chief of the said Province, nor in any other Manner than by His Majesty's Order, in His Privy Council of Great Britain, or under His Signet and Sign-Manual countersigned by one of His Majesty's principal Secretaries of State.

Unless the Legislative Council shall address the Governour to suspend a Judge for some misconduct or neglect of duty; in which Case he may be Suspended for one Year.

Provided nevertheless that, if an Address shall be presented to the Governour in Chief of the said Province, or, in Case of his Death or Absence from the said Province, to the Lieutenant-Governour or Commander in Chief of the same, by a Majority of the whole Number of the Members of the said Legislative Council, setting forth some Misconduct or Neglect of Duty in the Chief Justice of the Province, or in any other Judge of the same, and thereupon praying that he may be suspended from his Office of Chief Justice, or Judge, in the said Province for the Space of a Year, it shall be lawful for the Governour in Chief of the said Province, or, in Case of his Death or Absence from the said Province, for the Lieutenant-Governour or Commander in Chief, of the said Province for the Time being, to suspend the Chief Justice, or Judge, against whom such Address of the Legislative Council shall have been presented, from the exercise of his said Office of Chief Justice, or Judge, in the said Province for the said Space of one year: After which Time the said suspended Person shall either resume the Exercise of his said Office of Chief Justice, or Judge, in the said Province or be Suspended from the Exercise of it for a further Time, or be intirely removed from it, as the King's Majesty shall think fit to direct in the Course of the said Year of his Suspension either by His Order in His Privy Council of Great Britain, or by an Order under his Signet and Sign-Manual countersigned by one of His principal Secretaries of State. And if no such Signification of the King's Majesty's Pleasure on the said Suspension shall be made in the course of the Year, during which it shall continue, the said Suspension shall be at an End at the Expiration of the said Year, and the said Chief Justice, or Judge, that shall have been so Suspended, shall resume the Exercise of his said Office.

And no Suspension of the Chief Justice of the said Province, or of any other Judge in the same, from the Exercise of his said Office of Chief Justice, or Judge, made by the Governour in Chief of the said Province, or any other Person therein, in any other Manner than is herein before set forth, shall be of any Validity, or Force, whatsoever.

Persons admitted to act as Advocates in the Courts of Justice in the Province of Quebeck Shall not be Suspended from the exercise of their said profession by any authority but that of the Judges of the Courts in which they practice, and by them only by a written Order, mentioning the Cause of Such Suspension.

And it is further Enacted by the Authority aforesaid, That, from and after the said first Day of September in the Present Year of our Lord one thousand, seven hundred, and Eighty-five, no Barrister at Law, or other Person who has been admitted, according to the Rules and Customs established in the said Province of Quebeck, to act as an Advocate at the Bar of any Court of Justice in the said Province, shall be prohibited, or suspended, from the Exercise of the said Profession of an Advocate in the said Court, for any Time how short soever, in any other Manner, or by any other Authority than that of an Order of the Judge, or Judges, of the Court in which he has acted as an Advocate, grounded either on some Misconduct in his Capacity of an Advocate in the said Court, or on a legal Conviction of some Felony, or other Offence; which Order of the Judge, or Judges, of the Court, either for excluding him perpetually from the Liberty of acting as an Advocate in the said Court, or for suspending him therefrom for a limited Time, shall be in writing and shall set forth the particular Fault in the said Advocate's Conduct in the said Court, or the Offence whereof he shall have been legally convicted, as aforesaid, on which the An Appeal shall lie from Such Order of the Judges to the Legislative Council, and from the decree of the Legislative Council to the King, in his Privy Council of Great Britain. said Order shall be grounded. And an Appeal shall lie from the said Order of Prohibition, or Suspension made by the Judge, or Judges, of the Court in which the said Advocate shall have practised, to the Legislative Council of the said Province, who, after due Consideration of the Matter, shall either rescind the said Order, or confirm it, or mitigate the Severity of it by reducing it from a total and perpetual Prohibition to a temporary Suspension from the Exercise of his said Profession of an Advocate, or from a suspension for the Time mentioned in the Order to a Suspension for a shorter Time, as they shall see Occasion. And from the Decree that shall be made herein by the said Legislative Council there shall lie a further Appeal to the King's Majesty in his Privy Council of Great Britain; where the Matter shall be finally determined. But every such Order of Suspension of an Advocate from the Exercise of his Profession shall be in Force and take Effect, notwithstanding an Appeal shall have been made from it, until such Appeal shall have been heared and determined and a Decree shall have been made by the Court appealed to, whereby such order of Suspension shall have been rescinded, or altered.

And, whereas there are good Grounds for believing that the Introduction of the Trial by Jury into the said Province of Quebeck in Civil Actions, whenever either of the Litigant Parties shall desire it, in the same Manner in which it actually took Place in the said Province from the Month of September in the Year of our Lord one thousand, seven hundred, and sixty-four, till the first Day of May in the Year of our Lord one thousand, seven hundred, and seventy-five, would greatly contribute to the fair and impartial Administration of Justice in the said Province, It is therefore further Enacted by the Authority aforesaid, After the 1st Day of next September 1785, the Trial by Jury shall take place in the Said Province in the determination of Civil Actions in the same, whenever either of the parties shall desire to have it. That, from and after the said first Day of September in the present Year one thousand, seven hundred, and Eighty-five, the said Method of Trial by a Jury of twelve good and lawful Men shall again take Place in the said Province in all Civil Actions in the Courts of Justice in the same, whensoever both, or either, of the Parties shall desire it; but not otherwise. And, to the End that the Persons who shall be chosen to serve on Juries may attend their said Duty with the more Chearfulness, they shall receive, as a Reward for their Attendance and Trouble, the Sum of Half a Spanish Dollar to each Jury-Man; which Sum shall be paid to them immediately in Court as soon as they shall have brought in their Verdict, by the Party which shall have desired to have such mode of Trial, or, if both Parties shall have joined in desiring such Mode of Trial, by both the Litigant Parties equally.

And, to the End that the Resolutions and Proceedings of the Legislative Council of the Province (by which the said Province is now governed without an Assembly elected by the Freeholders of the same) may be made more agreeable to the general Sense and Inclinations of the People of the same, It is further Enacted After the 1st Day of next September 1785, the Legislative Council of the Province of Quebeck shall consist of at least thirty-one Members. by the Authority aforesaid, That, from and after the first Day of next September, in the present Year of our Lord one thousand, seven hundred, and eighty-five, the Legislative Council shall consist of not fewer than thirty-one Members, who shall be nominated and appointed by the King's Majesty, in the same Manner as the Members who now compose the said Council have been nominated and appointed by Virtue of the Act of Parliament passed in that Behalf in the fourteenth Year of the Reign of His present Majesty.

 

Finis


Canadian Archives, Q 56-3, p. 618. This bill was introduced into the British House of Commons on April 28th, 1786, and was evidently drawn up about the same time as the petition of Nov. 24th, 1784. It will be observed from the tenor of it that those who framed it had in view the actions of Governor Carleton in dismissing Chief Justice Livius, and of Governor Haldimand in his "short methods with dissenters," as also the opposition of these governors to the introduction of the writ of Habeas Corpus and of trial by jury in civil matters.

Mr. Powis, or Powys as the name is given in the parliamentary records, was a prominent member of the Opposition, usually co-operating with Fox, Burke, Sheridan, Savile, Courtney and others of that group. He took a special interest in Canadian affairs and, in succession to Sir Geo. Savile, mover of the famous resolution regarding the increasing power of the Crown, was active in pressing upon the attention of the Ministry and the House of Commons, the claims of those of both races in Canada who desired a less autocratic form of Government. The following note will indicate some of his activities in connection with the foregoing petitions: House of Commons; March 30th, 1786. "Mr. Powys having reminded the House, that he had last session of Parliament presented a petition from the principal inhabitants of Quebec, complaining of certain grievances in their legislative authority; it was then thought advisable to postpone the consideration of the subject, as government would undoubtedly remedy the complaint. He was sorry, however, to observe, that during that interval, there had been no appearance of Administration redressing the grievance of the petitioners; he therefore thought it a duty incumbent upon him to give notice, that he would, on the first open day, submit to Parliament a proposition for redress." The London Chronicle, Vol. 59, p. 308.

In supporting his motion for leave to bring in this bill, he said it was chiefly intended to enforce the Instructions given to the Governors after the Quebec Act, and also to secure "an emancipation of the Legislative Council from the uncontroulable authority of the Governor, by whom they were liable to be displaced without cause assigned." Mr. Pitt, while considering that some reconstruction of the Government of Quebec might be extremely necessary, yet felt that in view of the very contradictory petitions which the Ministry had received from the Province, it was premature to go into the question until Sir Guy Carleton, who had just been appointed to the Government of the whole of British North America, had reported on the condition of the country. Mr. Fox "professed himself at all times to have been an enemy to the Quebec bill, and a friend to every alteration of it which was proposed." He therefore supported the measure. Mr. Sheridan and others also supported the bill, referring to the extraordinary powers conferred upon Carleton by his new Commission and considering him as scarcely the most likely person to report in favour of diminishing his own authority. After an interesting debate the motion was defeated by 61 to 28. London Chronicle, Vol. 59, p. 407.

PETITION OF SIR JOHN JOHNSON AND LOYALISTS.[178]

Copy of a Petition, intituled, "The Petition of Sir John Johnston, Bart and others in Behalf of the Loyalists settled in Canada." Dated London, 11th April 1785; and signed by Colonel Gay Johnson, and others.

 

To the King's Most Excellent Majesty.

The Petition of Sir John Johnston Baronet, and others, whose names are hereunto subscribed, on Behalf of the Officers and Soldiers of the Provincial Troops and Indian Department, who served under their Command during the late Rebellion; and of the other Loyalists, their Associates, who have taken Refuge in Canada.

Most humbly Sheweth,

That the Persons of the above Description, animated by your Petitioner's Example, having sacrificed their Estates and Properties in support of Your Majesty's Laws and Government, did faithfully serve in Canada, and on its Frontiers, till the Reduction of these Corps; when being still actuated by the same Principle of Loyalty and Affection, they, to the number of several Thousands, resolved to settle within Your Majesty's Government, on the Lands assigned them as a Reward for their Services, and in pursuance of the Proclamation of Your Majesty's Commissioners in the year 1776; and entered earnestly on the Improvement thereof, with a Prospect of making a Provision for their Families, and thereby contributing greatly to the Advantage, Strength, and Security of that Province, and to the Increase of Your Majesty's Revenues.

That the Tenure of Lands in Canada is such as to subject them to the rigorous Rules, Homages and Reservations, and Restrictions of the French Laws and Customs, which are so different from the mild Tenures to which they had ever been accustomed, and which continue to be enjoyed by the rest of Your Majesty's Subjects, has occasioned a general Discontent, and would have induced many to decline accepting their Locations, and to resolve on abandoning their Enterprize, but for the Influence of Your Petitioners, who had first led them into the Service, and on whose Endeavours they relied for obtaining, through Your Majesty's Favour, the Grant of such Terms and Tenures, and the Establishment of the same Laws as they formerly enjoyed under the auspices of Your Majesty's Government. In full Confidence of this happy Event they were prevailed upon to persevere in their Settlements, on which they have already, at some Expence, and much Labour, erected Habitations, and cleared Part of the Lands allotted to them.

For the Attainment of these Objects, so essential to the Happiness of Your Majesty's faithful Subjects, so conducive to the Increase of these new Settlements, and so salutary in their Consequences to the Public, we have, upon mature Deliberation, formed a Plan, which with the reasons in support of it, we humbly presume to submit to Your Majesty's Royal Consideration.

1st It is proposed, that the County of Point Boudet, on the Lake St François, in the River St Lawrence, and from thence Westward, shall be comprehended within One District, distinct from the Province of Quebec, under the Government of a Lieutenant Governor and Council, to be appointed by Your Majesty, with the necessary Powers of internal Regulation, but subordinate to the Governor and Council of Quebec, in the same manner as the Island of Cape Breton now is, to the Government of Nova Scotia. This Territory will include all the Settlements made or intended to be made by the disbanded Corps, and the other Loyalists, while it leaves all French Canada and the French Seigneuries as they were before.

2dly That this Territory shall be subdivided into smaller Districts or Counties, Cataraqui[179] being the Metropolis, with Courts of Justice, to be established by Your Majesty.

In support of such an Arrangement, we beg leave to remark, that it will be productive of the most beneficial Consequences, not only to the Settlers, but to the Nation at large — . Whilst this Territory remains a Part of the Province of Quebec, and the Inhabitants amenable to the Courts of Justice there and at Montreal, the Delay and expence of an Attendance on those Courts, both to Suitors and Witnesses, will be enormous, the distance from Detroit to Montreal being not less than Six hundred Miles, without any Road whatsoever, and the water communication exceedingly tedious, precarious, and during the Winter Season absolutely impassable: Crimes will be committed with Impunity, from the difficulty of Prosecutions; and Civil Remedies in effect rendered burthensome from the same causes.

The Inhabitants of this Territory, already amounting to several Thousands, conceive with all Humility that they have the strongest Grounds to hope for such an exempt Jurisdiction as they ask for; They were born British Subjects, and have ever been accustomed to the Government and Laws of England. It was to restore that Government, and to be restored to those Laws, for which from Husbandmen they became Soldiers, animated with the Hope, even in the most gloomy Aspect of Public Affairs, that should they fail in their Attempts to recover their former Habitations by a Restoration of Your Majesty's Government, they would still find a Resource in some Parts of the British Dominions, where they might enjoy the Blessings of British Laws and of the British Government; and they still possess the greatest Confidence, that by Your Majesty's Gracious Interposition they will be exempted from the Burthens of French Tenures, which, however congenial they may be to Men born and bred under them, would be in the highest Degree exceptionable to Englishmen.

The Petitioners have the more Confidence in the Success of their Application, from reflecting that they do not ask for more than has already been granted to their Fellow Sufferers in Nova Scotia, for less indeed than is enjoyed by those who are settled in the Province of New Brunswick, and only to be in the same situation with the Settlers in the Island of Cape Breton: A distinction between men under the same circumstances of Prescription, Confiscation, and Attainder, and who had been invited into the Public Service, and to take Part in the Royal Cause, by the same assurances of Protection, and the same Gracious Offers of Rewards, in the one case continuing to Settlers the Blessings of the British Constitution, and in the other subjecting them to the Hardships of French Tenures and French Laws, they trust will not be permitted by a Gracious Sovereign, who is the Father of all His People.

In consideration of the vast extent of this Territory, along an important and valuable Communication, which is not only the Channel of the Fur Trade, but the Residence of those Nations of Indians who took part in Support of the Royal Cause, the Security, growth, and extension of these Settlements, must evidently be an object of the utmost Consequence, not only as it will most essentially secure and promote that Trade, but as it will preserve those Indians in their adherence to Your Majesty.

The United States are duly impressed with this Idea, and have already manifested a purpose of supplanting us in the Friendship of the Indians; and unless they are counteracted, the British Interest with those Nations will very rapidly decline. We humbly presume that effectually to counteract them nothing would be so conducive as the Establishment of a liberal System of Tenure, Law, and Government in this new Settlement; this would best contribute to the Growth and Increase of it; whilst it would stimulate the Adventurers themselves to the most vigorous Exertions, it would invite and encourage Emigration to it; for as the present Inhabitants before the Rebellion principally resided in the now United States, their extensive connections there, from their Attachment to Your Majesty, their ancient Predilection in favour of the British Government, their Dislike of the Republican Government they now live under, as well as from their Family, and Personal Attachments, would be strongly induced to remove to this new Colony: Should Your Majesty graciously vouchsafe Your Royal Protection to these Settlements, we are confident that in every Competition for the Favour of the Indians Your Majesty will have a decided Advantage, not only from the Influence which many of your Petitioners are known to have over them, but because Numbers of the present Settlers have long been in Habits of Friendship and mutual good Offices with them, sharing the same Dangers, and fighting in the same Cause, and whose former Prepossession would thus, by means of a familiar and constant Intercourse with Your Majesty's Faithful Subjects, be best preserved and rendered permanent.

Upon the whole, whether we consider the Relief and Prosperity of the Settlers as Sufferers in the Cause of their King and Country, for whom Your Majesty has ever expressed so Benevolent a Disposition, or the Advancement of the Settlement, as conducive to the Benefit of the Nation, in either View, and much more in both respects, do we conceive that the Plan now proposed is such an one as will merit and obtain Your Royal Attention and Patronage.

For our Part, we conceive ourselves bound by the strongest Ties to use every Endeavour in our Power to promote the Wishes of these People; It was by our Example that numbers of them were induced to quit their former Possessions, and to take up Arms, by which they have been deprived of their Property, and Banished from their Country; and it was from their expectation of the Success of our Representation to their Sovereign, that they have entered upon the arduous undertaking of forming Settlements in a wild and inhospitable Country; — Well knowing the Disposition of these People, and the Habits in which they have been bred, we think it our Duty most respectfully to declare it to be our opinion, that unless they can obtain the object they are in pursuit of, they will be discouraged from Carrying on their present Enterprize, and prefer some other part of Your Majesty's Dominions, where they may enjoy the Blessings of the British Constitution, but where perhaps they would not be equally useful as they will be in their present situation, should they receive the Protection they solicit.

Your Petitioners, therefore, impelled by motives of Humanity towards a Number of Distressed Families, by a sense of Honor and Justice to a set of deserving Men, who placed Confidence in them, and to whose Eventual Loss of Property and Reverse of Fortune, they consider themselves in a great Degree accessory, and at the same time by a Conviction of the Public Utility of the Measure, most humbly implore Your Majesty that the Blessings of the British Laws and of the British Government, and an exemption from the Tenures, may be extended to the aforesaid Settlements.[180]

London

(Signed)
11th April 1785.Gay Johnson, Col. 6 Nations & Superintendant of their Affairs.
Robt Leake, Major late 2d Battn K. R. Regt New YorkJohn Butler. Lt Colonel Commanding late Rangers.
John Munro. Capt late 1st Battn K.R. Regt New York.Eben Jessup, late Lt Col. Commdg King's Loyal Americans.
P. Daly. Capt late 1st Battn K.R. Regt New York.James Gray, late Major K.R. Regt New York.
Thos Gummersal Capt late 1st Battn K.R. Regt New York.Edw Jessup, Major Commdg late Corps of Royal Rangers.

Canadian Archives, Q 62A-2, p. 339. See also "Copy of a Memorial to Sir John Johnson, from the Officers and private Men of the late Corps of Loyal Rangers, now inhabitants of the Royal Seigneurie No. 2 above Cataraquoui." Q 24, p. 262.

Afterwards Kingston.

On the 3rd and afterwards on the 21st March, 1785, Lt. Governor Hamilton first brought to the attention of the Legislative Council, on the basis of petitions and representations made to him, the situation of the Loyalists settled in the various parts of the province, remote from centres at which courts were held, and asked Council to consider measures for their relief. On April 18th, the President of the Council, Mr. Finlay, brought in the "heads of an Ordinance To Grant to the New Settlers at Cataraqui and the Townships above that place, and at Gaspey and the Bay of Chaleurs in the Lower parts of the province, the means of settling differences and recovering small debts in a Summary way." This was strongly opposed by the group which had constituted themselves the guardians of the French Canadian system from the encroachments of the English law and institutions. By granting even a very limited Jurisdiction to the Magistrates in the remote parts of the Province, they claim that it will have a tendency to make a distinction between the new and the old subjects, and to break up the unity of the country and its laws. It would be better to extend to this district the French Canadian system of administration through officers of the Militia, who, with some Justices of the Peace thoroughly versed in the French Laws, would make them acquainted with these laws and convince them that as settlers in Canada they must come under the same laws and ordinances as the other inhabitants of the country. See Minutes of the Leg. Council, vol. D., pp. 286-7. The ordinance as finally passed was of the mildest nature, and under the amended title "For granting a limited civil power and jurisdiction to his majesty's justices of the peace in the remote parts of the province." It merely authorized the Justices of the Peace to deal with the recovery of small debts between 2 shillings and 6 pence and 40 shillings. See Ordinances 1763-1791, p. 169.

HAMILTON TO SYDNEY.[181]

Quebec 20th April 1785

Duplicate

My Lord

In a former letter to your Lordship, I made an undisguised avowal of my entire ignorance of various matters relative to the state of this Province very necessary to be known by a person in my situation.[182] Tho' I dayly gain some information yet I am apprehensive that my long letters contain too little matter to be interesting.

The minutes of Council will no doubt display the endeavours of some of the Members to bring forward salutary measures, to improve defective Laws, & to render a British Constitution desirable as well as venerable.

These endeavours will appear to have been opposed and counteracted generally by the same persons whose attempts however sometimes fall short of their aim.

It might seem a hazarded opinion to advance that there are a few persons in this Province who appear desirous that the Canadians should feel such restraints and bear such burthens under English Government as shall keep their minds open to favorable impressions of their former situation under French Laws and an Arbitrary Government. What other principle could operate to prevent the substitution of legal means to the odious partial services by corvées? Why have not the services been regulated and equallized![183]

A principal object for the consideration of the Legislature is the arrival in this Province of numbers of Englishmen or the descendants of Englishmen who must abhor their being subjected to an authority they have been unacquainted with, and to men whose language & customs they are as yet strangers to. Provision by Law should be made to conciliate these people, and if possible prevent complaint by anticipating their grievances.

Until this day the Militia Ordinance remains unamended, tho' its defects are palpable & even acknowledged by those who might reform it — They advance, that this is not a proper period, but, if a time of Peace is not the properest time to relieve a people from the burdens indispensably borne in a time of War, these Gentlemen see not the readyest means of contenting the Canadians, or are wilfully blind to them.[184]

The general terms in which I represented this matter at the opening of the Session not having produced the desired effect, I took occasion in the Private Council to enter more particularly into the subject, at the same time expressing my wish that the Canadians should participate with the Old Subjects in all the advantages of the English Constitution mentioning the various provisions and considerations which had governed the British Legislature in forming the English Militia Law.

One of the Members, a native of this Country advanced, that the new subjects in this Province would Universally prefer their Ancient Government, and return to the dominion of their ancient Master or Masters. This being uttered with Vehemence produced a ferment which I interrupted by addressing myself to the Member, who was (I believe) struck with a sense of his own imprudence, saying, "Monsieur, si ses gens croyent par là montrer leurs bons sens, du moins ils ne demontrent point ce que demande leur devoir." What followed from the Members, being likely to produce acrimony and personalities I thought proper to stop them by saying, "brisons la dessus" and urged the further consideration of the business before us.

I cannot help My Lord calling to mind the Marquis de la Fayette,[185] his visit to the Indians, the inherent Attachment of the French to whatever is French, the possibility of a revival of natural prejudices upon the event of a Continental War in Europe, and the indefatigable industry of the rivals of Britain to create for her difficulties and embarrassments: the unrestrained maxims of their policy which all the world has experienced and which they think Justifiable if subservient to their boundless ambition.

My Lord, I give no credit to this Gentleman's assertion, but I will venture to advance that if any thing can effectually hasten the disaffection of the Canadians to British Government, it is the idea which some few entertain and which seems to govern their reasonings and actions, that a military system alone with an adherence to the maxims of a military Government can retain the people of this Colony in their allegiance. An enquiry into the character consequence and unbiassed disinterestedness of these few persons whom I could count up without employing many figures would satisfy your Lordship that they cannot have the confidence of the people at large, wanting fortune, activity, information and true public spirit.

Your Lordship knows, Canada is no longer what it was at the conquest; it is (as I have reason to think) much altered since the American Independence took place.

Besides the afflux of persons disgusted with American Government, the load of taxes imposed on those who yet remain under it must shew to the Canadians their advantages over them in situation which they were blind to while the American Emissaries during the late rebellion amused them with the florid display of the blessings of American liberty.

Those persons who by their mere negatives to matters brought on in Council, stop, or prolong the proceedings, are not armed with argument to support their naked votes, & lean upon the faith, information and suggestions of those few who have more subtility and plausibility than solid Argument.

The minutes speak for this assertion, but My Lord I must resort to Your indulgence for thus openly & perhaps too warmly treating this subject.

I have heard it said that I encourage petitioners and remonstrants — it may be so understood because in the last Session of the Legislative Council, I voted for throwing open the doors of the Council chamber.[186] I receive all Applications from the highest to the lowest, I wish to render Justice to all. If Petitioners are not heard how shall abuses be reformed! — if I have not the confidence of the people at large, I shall be a stranger to their discontents, 'till they break out in murmurs and it may then be too late to apply a Remedy.

The papers which shall be transmitted from time to time I expect will vindicate this reasoning, in the interim Your Lordship will please to Justify me in so much as I have not reaped the advantage of those notices and instructions which I am to hope will come to my assistance from Your Lordship in the short period of the absence of a Superior[187]

I have the honor to be with profound deference and respect

My Lord

   Your very obedient and

       Very faithful servant

                      HENRY HAMILTON

The Right Honorable Lord Sydney

One of His Majestys Principal Secretaries of State


Canadian Archives, Q 24-2, p. 291. When Haldimand returned to Britain in the autumn of 1784, Lieut. Governor Henry Hamilton assumed office as administrator of the Civil Government, while St. Leger was placed in command of the military affairs, with Hope as Commissary General. After the passing of the Quebec Act Hamilton had received his appointment from Dartmouth as Lt.-Governor at Detroit, and was one of those to whom fell the unfortunate duty of employing the Indians to harass the scattered frontier settlements of the English colonists in Pennsylvania and Virginia, during the Revolutionary War. Afterwards, as Lt. Governor of Quebec Province and President of the Legislative Council, by his advocacy of the extension of British institutions in Canada, he incurred the enmity of Governor Haldimand and his friends. Thomas Townshend, afterwards Viscount Sydney, was one of the Secretaries in 1782, but hail been replaced by Fox during the Shelburne Administration. He again became Secretary of State for the Home Department, on Dec. 23rd, 1783. He was created Baron Sydney in March, 1783, and Viscount Sydney in 1789.

The letter referred to is evidently that of Dec. 2nd, 1784, in which he refers to his inexperience in the details of the government, owing to the lack of information. See Q 24-1, p. 24. He brings up the matter again in his letter of Jan. 23rd, 1785. Q 24-1, p. 258. Hamilton had made repeated applications to Haldimand before his departure for information and instructions relative to the government of the Province. These being withheld, up to the last moment, he had made application to Sydney for the necessary papers and instructions. See Hamilton to Haldimand, Q 23, p. 392; Hamilton to Sydney, Q 23, p. 389; and Finlay to Nepean, Q 23, p. 438.

There was much protest among the general body of French Canadians, except of course the Seigneurs, against the enforcement of the corvées and other feudal exactions of the older Régime, as enforced by Carleton and Haldimand, and later by Hope within whose functions as Quartermaster General these matters lay. Among numerous papers on the subject may be taken a group giving the French complaints and Hope's reply. See Q 25, p. 438.

The military administration of the Province was in the hands of St. Leger and Hope. For a vigorous criticism of Hamilton's administration after the departure of Haldimand, see Hope to Haldimand, May 26th, 1785. Q 24-2, p. 386.

Referring to the visit of Lafayette and the American Commissioners to various tribes of western Indians. At Fort Stanwix they met with deputies from the Six Nations. See Haldimand Papers, B 58, p. 14; also, Q 24-1, pp. 17 and 43.

This refers to the proceedings in Council in April, 1784, when a number of citizens of Quebec made application for permission to be present at the debates of the Legislative Council. Grant moved that the application be granted giving his reasons. The Council, however, by a vote of 11 to 5 adopted the following position, "The Council have voted that the Gentlemen who requested Admittance to hear the Debates this day cannot be admitted. This to serve for Answer to every future Application." Reasons of dissent were recorded by Lt.-Gov. Hamilton, President of the Council, and Mr. Finlay. Hamilton's reason was, "because our Debates have for object the Benefit of the province." The reason for their votes put forth by the leaders of the majority, was that their oath as councillors required them to keep secret all that might be discussed in Council. Mr. Finlay, in his reasons for dissent, sought to prove that no such limitations applied to the proceedings of Council as a legislative body. See Minutes of Leg. Council, v. D., pp. 162-4.

As a result of the representations of Haldimand and Hope, what came to him from His Lordship was the following, "I have received the King's Commands to signify to you, that His Majesty has no further Occasion for your Services as Lieutenant Governor of the Province of Quebec, and that it is His Royal Pleasure that you do return to England, leaving with Colonel Hope, who is appointed to succeed you, such Instructions and Documents of Government as are in your possession, and which may be necessary for his guidance." (Signed) "Sydney." Q 25, p. 34.

ORDINANCE ESTABLISHING TRIAL BY JURY.
ANNO VICESIMO QUINTO GEORGII REGIS.[188]

Chap. II.

An Ordinance to regulate the Proceedings in the Courts of Civil Judicature, and to establish Trials by Juries in Actions of a Commercial Nature and Personal Wrongs to be compensated in Damages.

Preamble.

Whereas it is necessary for the Ease and Conveniency of His Majesty's Subjects who may have Actions to prosecute in the Courts of Civil Judicature established in this Province, that the mode of Administering Justice in the said Courts should be clearly ascertained, and rendered as plain as possible:

Be it therefore Ordained and Enacted by His Honour the Lieutenant Governor and Commander in Chief of this Province, by and with the Advice and Consent of the Legislative Council thereof, and by the Authority of the same it is hereby Ordained and Enacted.

Manner of Proceedings in the actions above the Value of £10 Sterling.

Art 1. That in all Causes, or Matters of Property, exceeding the Sum or Value of Ten Pounds Sterling, upon a Declaration presented to any one of the Judges of the Court of Common Pleas by any Person, setting forth the Grounds of his Complaint against a Defendant, and praying an Order to compel him to appear and answer thereto, such Judge shall be and hereby is empowered and required in his separate District to grant such an order, whereby the Plaintiff may have and obtain from the Clerk of the Court a Writ of Summons in the Language of the Defendant, to be issued in His Majesty's Name, and attested by name of such Judge, to be directed and executed by the Sheriff of the District where such Court shall have Jurisdiction, and in which the Defendant may be or doth reside, commanding such Defendant to be and appear in such Court to Answer to the Plaintiff on the day appointed by such Judge in the Order on the Declaration, Regard being had to the Season of the Year, as well as to the Distance of the Defendants abode or Place of Service from the Place where the Court may sit.

Execution not to be issued against Absentees, till security is given.

Art 2. Provided always, That a Copy of the Writ of Summons and the Declaration shall be served on the Defendant Personally, or left at his House, with some grown Person there belonging to the Family, and in so doing the Service shall be deemed sufficient: Provided nevertheless, that if the Defendant be absent in the Upper Country, or lower Parts of the Province, that is to say, When in or upon any Place beyond the Long Sault on the Ottawa River, or beyond the Oswegatche in the upper Parts of the Province, or in or upon any Place below Cape Cat on the South side, and the Seven Islands on the North side of the River St Lawrence, and where such Defendant hath not been Personally served with such Summons and Declaration as abovesaid, that no Execution shall issue unless the Plaintiff shall give good and sufficient Security, to be approved by the Court, to refund to the Defendant, or his legal Representative as much as the Defendant, appearing by himself or his legal Attorney within a Year and a Day, may be able to set aside and reverse of the said Judgment, by such the Consideration of the said Judgment in the Court where given, as may be presented in the Conditions expressed in the Security to be given as aforesaid for rehearing of the merits of said Cause.

Art 3. That the said Declaration so to be filed shall not be altered or amended after being filed as abovesaid, unless upon Rule of the Court, and upon payment of Costs.

Attachment against the Body when a Debtor is going to leave the province.

Art 4. That in all and every Case where one or more Judges of any Court of Common Pleas is or may be satisfied, by the Affidavit of the Plaintiff, or his Book keeper or Clerk, or legal Attorney, that the Defendant is Personally indebted to the Plaintiff in a Sum exceeding Ten Pounds Sterling, and may also be satisfied, by the Oath of the Plaintiff or some other Person, that the Defendant is immediately about to leave the Province, and whereby the Plaintiff might be deprived of his Remedy against such Defendant, it may and shall be lawful for one or more Judge or Judges of any Court of Common Pleas to grant a Capias or Attachment against the Body of such Defendant, to be directed to the Sheriff in Manner as aforesaid, to hold such Defendant to Bail, for his Appearance at the Return of such Writ, and in Default thereof to commit him to Prison, there to remain until Special Bail may be given by such Defendant, or until Two Days after execution may be obtained by the Plaintiff, if Judgment be in his Favour.

Art 5. Provided always, That if any Defendant so bound in Recognizance by Special Bail, shall or do surrender himself in Open Court, pending the Action, or at any Time within One Month after Judgment obtained, or do surrender himself unto the Sheriff of the District where such Court may have Jurisdiction, at any Time within Fifteen Days after the day on which the Plaintiff might legally have and obtain Execution by Capias ad Satisfaciendum upon Judgment obtained, that then and in such case such Surrender of the Defendant shall be held, taken, and considered as a Discharge of the Persons bound for such Defendant on Special Bail.

If Defendant does not appear, Judgment to be entered.

Art 6. If on the Day of the Return of the Writ of Summons the Defendant does not appear in Person, or by Attorney (Proof of such Service being produced or made in Court) the Plaintiff shall obtain a Default against the Defendant; and if on calling over the Action on the next Weekly Court Day the Defendant should still neglect to appear, without any good Reason for such his Neglect, the Court, after hearing and receiving Sufficient Proof of the Plaintiff's Demand, shall Cause their final Judgment to be entered against the Defendant, and shall award such Costs thereupon as they shall think reasonable, and issue such Execution as the Law, according to the nature of the Case, may direct.

Art 7. Provided always, That every Proof that may be offered by the Plaintiff in Support of his Action and Demand, shall be filed in Court, and remain of Record, in the same manner as if the Defendant had appeared and defended the Action.

If Defendant appears, he is to answer the Declaration.

Art 8. Provided always, That the Defendant upon his Appearance at the Return Day of the Writ, or in Case of Default upon his Appearance at the next Weekly Court after such Return, and after payment of Costs of such Default as abovesaid, shall then or on such other Day, as he may obtain from the Court, make his Answer to the Declaration, either in writing or Verbally, as he thinks fit; and if the answer be verbal, the Clerk of the Court shall take down the Substance thereof in writing, and preserve the same among the Records of the Court, and in the said Action. And if the Plaintiff doth not appear at the Return Day of such Writ, or appearing doth not prosecute his Action, the same shall be dismissed, with Costs to the Defendant.

Trial by Juries in certain Cases, at the option of the Parties.

Art 9. That all and every Person having Suits at Law and Actions in any of the said Courts of Common Pleas, grounded on Debts, Promises, Contracts, and Agreements of a Mercantile Nature only, between Merchant and Merchant, and Trader and Trader, so reputed and understood according to Law, and also of Personal Wrongs proper to be compensated in Damages, may, at the Option and Choice of either Party, have and obtain the Trial and Verdict of a Jury, as well for the Assessment of Damages, on Personal Wrongs committed, as the Determination of Matters of Fact, in any such Cause: Provided always, That the Agreement of Nine of the Twelve Jurors who shall compose such Jury shall be sufficient and effectual to return a Verdict, and that the same so made and returned, shall be held as legal and effectual to every Intent and Purpose, inasmuch, as if the whole Twelve Jurors had agreed therein; and the Clerk of the Court shall set down the Names of the Jurors on the Register of the Court in every case where Verdicts may be returned as abovesaid: Provided also, That in all such Causes and Actions that may be between His Majesty's Natural born Subjects of Great Britain, Ireland, or the Plantations and Provinces in America, the Juries in such causes shall be composed of such natural born Subjects as abovesaid; and in all Causes and Actions between His Majesty's Canadian or new Subjects, the Juries shall be composed of such Canadian or new Subjects; and in all Causes of Actions between natural born Subjects and the Canadians or new Subjects; the Jury shall be composed of an equal number of each, if such be required by either of the Parties in any of the above-mentioned Instances.

English Rules of Evidence adopted in Commercial Cases.

Art 10. In Proof of all Facts concerning Commercial Matters, Recourse shall be had, in all the Courts of Civil Jurisdiction in this Province, to the Rules of Evidence laid down by the Laws of England.

Where neither Party is desirous of the Trial by Jury, Proceedings as formerly.

Art 11. Provided always, And it is Ordained and Enacted, That in all causes before the said Courts of Common Pleas, where the Parties, Plaintiff nor Defendant, are neither of them desirous of a Trial by the Verdict of a Jury of and respecting Matters legally within the Cognizance of such Jury, but that such Trial should be by the Deposition of Witnesses, and by Proofs, as at present used in His Majesty's Said Courts of Common Pleas, the Court shall, after issue joined on the Merits of the Cause, in the manner as hereafter expressed, appoint a Day for hearing the Evidence of Parties, Plaintiff and Defendant, and cause the same to be taken down in Writing by the Clerk of the Court in open Court, and signed and sworn to by each respective Witness, save and except as hereafter provided for Witnesses absent by reason of Sickness, or of departing the Province.

Provision for examining Witnesses in case of Sickness, or when about to depart the Province.

Art 12. Provided also, That in case of Sickness, and where the Witnesses, cannot attend the Court to be ascertained by Affidavit, it may be lawful for the Court in such Cases, and of evident Necessity, after Issue joined as abovesaid, to allow and permit that any one Judge, in the Presence of the Parties, Plaintiff and Defendant, or their Attornies, or in their or either of their Absence, after due Notice signified, may take the Deposition of such Witness in Writing, to be signed and sworn to, and certify and Record the same in the said Court, and there to be of legal Effect; and moreover that such Deposition so taken may be offered and read to the Jury as legal Evidence, if such Cause be to be tried by Jury; and also in Causes instituted in the said Court, where any Witness may be about to depart the Province, and by which means either party might be deprived of his Testimony, to be ascertained by Affidavit, it shall and may be lawful for any Judge of the said Courts to take the Deposition of such Witness, in presence of the Parties, or their Attornies, in the manner as above Expressed, and the same shall be of legal Effect in every Cause in the manner as abovesaid.

Limitation of Pleadings.

Art 13. And it is further Ordained and Enacted, That every Issue in Law or Fact, to be formed in any Cause in either of the said Courts of Common Pleas, between the Parties, Plaintiff and Defendant, shall be made and completed, by the Declaration, Answer, and Replication, or by the Plea, Answer, and Replication, in Cases of Abatement and Bar of the said Parties, Plaintiff and Defendant, and that no other or further Pleadings, or Writings by way of Plea, upon such Issue or matter in Dispute, whether of Law or Fact, shall be received or admitted by the said Courts of Common Pleas, as part of and to be put upon Record in any Cause therein instituted, and to be heard and adjudged upon, any Thing to the contrary notwithstanding.

When the Sheriff is concerned, the Process to be served by the Coroner.

Art 14. That every Writ and Process which ought to be served and executed by the Sheriff, where it shall happen, that the Sheriff may be Personally interested, and concerned, shall be served and executed by the Coroner of the District in which such Writ, Process, or execution may issue.

Of Jurors, their Qualifications.

Art 15. That all Merchants or Traders of lawful Age, and also all Persons of lawful Age being householders, or occupying Lodgings of the value of Fifteen Pounds per Annum Rent, shall be held and considered qualified as Jurors, and to serve on Petit Juries.

Sheriffs to make out list of Jurors.

Art 16. That the Sheriff of each District shall make out Lists of all persons so qualified as abovesaid, who may reside in the Cities of Quebec or Montreal, or within the Vicinage or Banlieu thereof, and return the same into the respective Courts of Common Pleas of the District in which such Sheriff may officiate, and in which Return shall be set down the Christian and Surname, and also the Profession, Trade, or Calling, and Place of Abode, of such Persons so returned.

Art. 17. That from the said general List the Clerk of each Court shall make two separate Lists or Books, the one to contain the names of all Merchants, Persons concerned in Trade, or qualified to serve on Special Juries, and the other List or Book to contain the names of Persons of different Occupations so returned on the said General List by the Sheriff as aforesaid; that the said Lists or Books, when so made, shall be examined by the Judges and Sheriff and corrected, if needful, and shall be of Record and upon in the Clerks Office to the Inspection of all Persons, without Fee or Reward.

Art 18. That on all and every Cause where a Trial may be moved for and directed to be taken by the Verdict of a Jury, it shall and may be lawful for the Parties, Plaintiff and Defendant, or their Attornies, to strike a Jury from the above Lists or Books so returned into Court, and completed as abovesaid, in the same manner, and under the same Rules, as Special Juries are struck in the Courts of Record in England, (that is to say) from the first List or Book so formed by the Clerk, and approved by the Judges as abovesaid, in all Causes of Mercantile Dispute, or Actions of Damages, where the total Amount, Sum, Dealing, or Matter of Account, Agreement or Transaction between the Parties may exceed Fifty Pounds; and from the second List or Jury Book, where the total Sum as abovesaid may not exceed the said Sum of Fifty Pounds.

Juries to be taken in Rotation.

Art 19. Provided always, That the said Juries so to be struck from either of the said Lists, shall be taken from the same in Rotation, and following each other, by commencing at that Part of that List from whence the former or Preceding Jury was struck or taken; and also that in all Causes that may appear to the Court before which they are to be had to be of Intricacy, and that ought to be tried by a Jury from the first List, although the Sum or total Amount may not exceed Fifty Pounds, the Judges of such Court may permit and order the Jury to be struck from the first List, the Party applying for such Jury paying the Difference of Fees between Jurors from the first and the second Jury List or Book.

Challenge, or Exceptions to Jurors to be determined agreeable to the Laws of England.

Art 20. That all and every Challenge, or exception to the Pannel, or any particular Juror returned thereon, shall be taken, made and determined upon in Open Court, and conformable to the Laws of England; the Jurors serving on Special Juries as abovesaid, and struck from the first List or Jury Book, shall have and receive Two Shillings and Sixpence each for every Verdict to be made and delivered, and before returned into Court; and Jurors struck from the second List or Jury Book, One Shilling each for every Verdict in Manner as aforesaid.

List of Jurors to be returned by the Sheriffs in the Month of June Yearly.

Art 21. That Lists of jurors, in the manner prescribed by the preceding Articles shall be made, by the Sheriffs returned into the several Courts, and formed in the manner above-mentioned in the Month of June in Every Year.

Penalty on Jurors not attending.

Art 22. That all Persons being duly summoned to attend in any of His Majesty's Courts of Common Pleas to serve as Jurors as abovesaid, and neglecting or refusing so to do, shall be liable to, and may be fined by the Said Courts respectively, in any Sum not exceeding Five Pounds, and not less than Ten Shillings, to be levied by Warrant of Distress on the Goods and Chattels of such Person so refusing or neglecting to attend, and to be paid to His Majesty's Receiver General for the public uses of the Province.

Persons exempted from Serving on Juries.

Art 23. That the Members of His Majesty's Council, the Officers of His Majesty's Courts, Officers of the Customs, Naval Officers, Persons employed in the Service of the Post Office, Physicians and Surgeons, and Officers employed in Military Service, shall be exempted from serving on Juries.

Appeals from definitive Judgments.

Art 24. The Party meaning to Appeal from any definitive Sentence or Judgment of any of the Courts of Common Pleas shall sue out a Writ from the Courts of Appeals, tested and signed by the Governor, Lieutenant Governor, or Chief Justice, stating that the Appellant complains of being aggrieved by the Judgment, and therefore commanding the Judges of the inferior Court, or any Two of them, to send up the Original Papers and Proceedings found in the Records or Registers of the Court concerning the same. Such Writ, when presented to any of the Judges of the Court below, shall be allowed by him, if the Appellant has given the requisite security, which Security is hereby understood to be Personal Security, or Bail by Justification, any Law, usage, or Custom to the Contrary notwithstanding. Provided nevertheless, that an Appeal may be had and obtained in manner abovesaid from any Interlocutory Sentence or Judgment which may carry execution by ordering something to be done or executed that cannot be remedied by the final sentence or Judgment, or whereby the Right of the matter in Contestation between the Parties may be in part decided, or whereby final hearing and Judgment may be unnecessarily delayed: Provided always, That such Appeal shall not be granted and allowed, except upon Motion made in the Court of Appeals for that Purpose, and a Rule served upon the other Party, or his Attorney, to shew cause why a Writ of Appeal from such Interlocutory Sentence or Judgment should not be granted: — And it is hereby ordained, that a Rule so served shall have the Effect to stay Execution upon such Interlocutory Sentence or Judgment, till the determination of the Motion for such Appeal; and if the Writ of Appeal shall be awarded thereupon, and allowed by the Judges in manner as aforesaid, the Clerk of the Court shall proceed to comply with the Order of the Writ, and the Judges, or any Two of them, shall make their Return as therein commanded.

Appellant to file his Reason of Appeal in Eight Days.

Art 25. If the Appellant does not, within Eight Days after the Return of the said Writ, and the Transmission of the Proceedings, file his Reasons of Appeal, the Appellee shall obtain a Rule or Order, that unless the Appellant's Reasons of Appeal are filed in Four Days, the Appeal will be dismissed: And if the said Reasons of Appeal are not filed within Four Days after Service of the said Rule, on the Appellant or his Agent, the Appeal shall be accordingly dismissed with Costs.

Appellee to file his Answers in Eight Days.

Art 26. Within Eight Days after the Reasons of Appeal are filed, the Appellee shall file his Answers thereto; or if he neglects so to do, the Appellant shall obtain a Rule or Order, that unless the Appellee file his Answers within Four Days, he will be precluded from filing them after that Period, and if his Answers are not filed within Four Days after Service of such Rule on the Appellee or his Agent, he shall accordingly be precluded from filing them, and the Court will proceed to hear the cause on the Part of the Appellant and proceed to Judgment therein without the Intervention of the Appellee.

The Court upon good Cause Shewn may prolong the time allowed.

Art 27. The said Court of Appeals nevertheless shall and may, upon Application made, and good Cause shewn by either of the Parties, (Notice being given to the other) prolong the Time allowed for filing either the Reasons of Appeal or Answers thereto; and in Case the Court shall not be sitting at the time when such Reasons or Answers ought regularly to be filed, the Party neglecting shall apply to the Court at the next sitting thereof, and shew his Reasons for such neglect; and if the Court finds them insufficient, it will as the case may be, either dismiss the Appeal or proceed to hear it without the Intervention of the Appellee as above directed.

Day to be fixed for hearing the Cause.

Art 28. When the Reasons of Appeal, and the Answers thereto, are filed, the Court shall, on the Application of either of the Parties, fix on such Convenient Day for the hearing of the Cause, as to it may seem proper.

Execution to issue in Fifteen Days, if Appeal is not allowed, or Security given.

Art 29. If the Writ of Appeal is not allowed by one of the Judges of the Court below, and a Copy thereof served on the Appellee, or his Agent, within Fifteen Days after any Judgment given in the Court of Common Pleas, Execution shall issue: Provided always, that in Cases of Appeal from Judgments in His Majesty's Court of Common Pleas in the District of Montreal, Execution shall be stayed for the space of Twenty Days, where the Party meaning to Appeal shall lodge good and sufficient Limitation of Appeals. Security in the said Court, within Fifteen Days from the date of such Judgment, to prosecute his said Writ of Appeal with Effect; and that such security shall be taken as in case of an actual Writ of Appeal issued and admitted. And no Appeal shall be allowed or received from the Court of Common Pleas, after the Expiration of one Year from the Date of the Judgment of such Court, save and except such Judgment whereby the Rights of Infants, Absentees, Femes Coverts, or Persons non compos Mentis may be bound.

Of Executions.

Art 30. The Execution sued out from any of the Courts of Civil Jurisdiction shall be a Writ issuing in the Kings name, Nature of the Execution tested and signed, when issuing from the Court of Appeal, either by the Governor, Lieutenant Governor, or Chief Justice, and when issuing from the Court of Common Pleas by one of the Judges of the Court for the District in which it is given, directed to the Sheriff of the District, setting forth the Judgment of the Court between the Parties, and the kind of Execution which the Law, according as the Case may be, shall direct, whether the same be to take the Body, or to levy a Sum of Money out of any one's Goods and Chattels, Lands and Tenements, or to do any Special Matter or Thing whatever. The Date of the Judgment shall be indorsed on every Writ of Execution, and that Indorsement signed by the Judge.

Personals to be first disposed of, and if insufficient Real Estate to be sold.

Art 31. In all Cases where Execution shall issue against Real and Personal Estates, the Sheriffs shall first dispose of the Personal Property, and if the Proceeds thereof fall short of the Amount of the Judgment, the Real Estate, or so much thereof, as will produce the Amount, shall be Sold for that Purpose.

Manner of selling Personals.

Art 32. Where Moveables shall be seized by the Sheriff under an execution, he shall cause the seizure to be published at the Church Door of the Parish, immediately after Divine Service, on the first Sunday succeeding such seizure, and at the same Time cause to be proclaimed the Day and Place when and where he means to proceed to the Sale thereof, provided that the place of Sale shall be in the same Parish in which the seizure is made; and provided always that the Sheriff shall not sell Chattels so to be seized and notified, until Eight Days after Notification of Sale as abovesaid. And that at the Request of the Plaintiff the Sheriff may cause Goods and Merchandizes, so seized as abovesaid, to be transported from the Parish where seized to the City of Montreal or Quebec (being in the District where seized) and there to be sold after due Notice as aforesaid; and that Execution so to be issued against Chattels or Personal Estate shall be made returnable at such Day as the Court from whence it may issue shall judge reasonable, and that Execution shall issue against Chattels, or personal and Real Estate, in one and the same Writ, but that such Execution shall be first levied upon the Chattels or Personal Estate, and be returnable as to such first levy, yet nevertheless may have force and Effect, and be returnable at a more distant Period as to the second Levy on Real Estate, for the full satisfaction of the Execution aforesaid.

Manner of selling Real Property.

Art 33. When Lands and Tenements shall be seized by the Sheriff under a Writ of Execution, he shall advertise the Sale thereof Three several Times in the Quebec Gazette, to be on some certain Day after the expiration of Four Months from the Date of the first Advertisement, and proclaim the said Sale at the Church Door of the Parish in which the Premisses are situated, immediately after Divine Service, on the Three Sundays next preceding the sale, and cause a Copy of the said Advertisement to be fixed on the Door of the Parish Church; and that Lands in Roture shall be sold at the Door of the Church of the Parish where seized. And the Sheriff is hereby further required to advertise, immediately after the Seizure, that all and every Person having any Claim on Said Lands and Tenements, by Mortgage or other Right or Incumbrance, do give notice thereof at his Office, either before or after the Sale, where the Law makes a Distinction, and to remove all Doubts, the Sale then by the Sheriff, without any other Formality, shall have the same Force and Effect as the Decret had heretofore.

When Two or more Executions issue on Judgments given the same day, they are to be satisfied in the same Proportions unless in case of Oppositions entered at the Sheriff's Office.

Art 34. If Two or more Writs of Execution shall be Issued upon Judgments given the same day, against the same Defendant or Defendants, and so marked on the Writs, such Executions shall have the same Privilege, and be satisfied in the same Proportion: Provided always, that if any Oppositions or Claims may be entered at the Sheriff's Office, either before the Sale of Moveables, or before or after the Sale of Immoveables and where required by Law in the one or the other Case above mentioned, or where the Moveables seized may be claimed by any other Person as to him pertaining, in all such Cases the Sheriff shall return the Same at the proper Periods into the Court where Such Execution issued, that the said Court may, on hearing such claims and Oppositions, and the Parties therein concerned, adjudge them according to Law.

Allowance to the Sheriff.

Art 35. On every Execution the Sheriff shall be allowed all his Disbursements and shall be authorized to charge over and above at the Rate Two and a half per Cent to be deducted out of the Money he levies.

Proceedings in Actions under £10 Sterling.

Art 36. In matters not exceeding or under Ten Pounds Sterling, any Person having a Right of Action against another shall prepare, or procure from the Clerk of the Court of Common Pleas, a Declaration in the following Form, viz.

Declaration.

Quebec/Montreal           Day of.. 17.      A.B. Plaintiff

                                                            C. D. Defendant

"The Plaintiff demands of the Defendant the Sum of      due to the Plaintiff from the Defendant for           which said Sum, though often demanded still remains due, therefore the Plaintiff Prays Judgment."

This Declaration shall be filed by the Clerk, who shall make a Copy thereof, and at the Foot of such Copy write out a Summons in the Language of the Defendant in the following Form; viz.

Summons.

    Quebec/Montreal    ss. George the Third by the Grace of God of Great Britain, France and Ireland, King, Defender of the Faith to C. D. Defendant in the above Action. You are hereby Commanded and required to pay the Plaintiff A. B. the above mentioned Sum of          together with          Costs, or else to appear in Person, or by your Agent, before our Judges of our Court of Common Pleas at the Court House of the City of    Quebec/Montreal    on the      Day of      when the matter of Complaint against you as ascertained in the above Declaration, will be heard and finally determined, otherwise Judgment will be given against you by Default. Witness the Honourable      one of the Judges of our Said Court of Common Pleas, this      Day of      in the Year      and      Year of our Reign."

Services.

This Summons shall be signed by one of the Judges of the Court and a Copy thereof, and of the Declaration, served on the Defendant Personally, or left at his Dwelling House, or ordinary Place of Residence, with some Grown Person there, and the Person serving the same shall inform the Defendant or such Grown Person of the Contents thereof. If at the Time mentioned Non-appearance. in the Summons, the Defendant does not appear (Proof of the Service thereof being produced in Court) the Judges or any one of them, shall hear the Cause on the Part of the Plaintiff, and make such Order, Decree or Judgment, and award such reasonable Costs of suit, as to him or them shall appear agreeable to Equity and good Conscience.

Appearance.

But if the Defendant does appear by himself or his Agent, and the Plaintiff or his Agent does not appear, or appearing does not prosecute, or prosecuting fails in his Action, the Judge or Judgment. Judges shall dismiss the Defendant with Costs. If the Plaintiff makes good his Charge against the Defendant, the Judge or Judges shall give Judgment accordingly and award Costs, and Execution, but the Execution shall not issue until Eight Days after Judgment given.

Execution.

The Execution shall go against the Moveables only of the Defendant, which shall be seized by some Person to be for that Purpose appointed by the Court, and sold by him in the manner mentioned in the 32d Article of this Ordinance. But the Execution Exception. shall contain an Exception of the Party's Beasts of the Plough, Implements of Husbandry, Tools of his Trade, and One Bed and Bedding, unless his other goods and Chattels shall prove insufficient, in which case such Beasts of the Plough, Implements of Husbandry, and Tools of his Trade, shall be sold, but not the Bed and Bedding. The Judge or Judges may, if Debt to be levied by installments. they think proper, order the Debt to be levied by Installments, provided the Time shall not exceed the Space of Three Months from the day of issuing the Execution.

If Defendant secretes his effects, or opposes the Seizure of them, Execution against the Body.

Art 37. In matters as well above as of or under the Value of Ten Pounds Sterling, if the Defendants shall convey away or secrete his Effects, or shall with Violence, or by shutting up his House, Store, or Shop, oppose his Effects being seized, in all such Cases, on due Proof thereof, an Execution shall go against his Person, to be taken and detained in Prison until he satisfies the Judgment, any Law, Usage or Custom to the contrary notwithstanding.

In Commercial matters, Execution against the Body.

Art 38. For the Satisfaction of all Judgments given in Commercial Matters between Merchants or Traders, as well as of all Debts due to Merchants or Traders, for Goods, Wares, and Merchandizes by them sold, Execution shall issue not only against the Goods, Chattels, Lands, and Tenements of the Defendant but also, in case they shall not produce the Amount of the Plaintiff's Demand against his Person, to be taken and conveyed into the Prison of the District, and there detained until he pays the Amount of the Judgment, or otherwise settles with and satisfies the Plaintiff, any Law, Usage, or Custom to the Contrary notwithstanding. Provided, that if the Defendant after remaining One Month in Prison, shall make application to the Court, and make an Affidavit that he is not worth Ten Pounds, the Plaintiff shall pay to the Defendant the Sum of Three Shillings and Six Pence weekly for his Maintenance, as long as he shall be detained in Prison at the Suit of the Plaintiff; and in Time of Scarcity the said Court of Common Pleas may in its discretion augment the said Allowance, not exceeding the further Sum of One Shilling and Six Pence per Week; such Payment shall be made in Advance on Monday in every week; in failure of which the Court from whence the Execution issued shall order the Defendant to be released; but the Plaintiff shall not be obliged to make such Payment, if he can prove to the Satisfaction of the Court, by which the Defendant stands committed, that the Defendant has secreted or conveyed away his Effects to defraud his Creditors.

Power of Awarding Execution out of one District into the other.

Art 39. When any Person, against whom Judgment shall be given in any of the Courts of Common Pleas shall not have sufficient Goods, Chattels, Lands, or Tenements, to satisfy such Judgment, within the Jurisdiction of the Court wherein such Judgment shall have been obtained, but shall have Goods, Chattels, Lands, or Tenements within the Jurisdiction of the other Court of Common Pleas, it shall be Lawful for the Judge or Judges of the Court wherein Judgment shall have been obtained, to award Execution to the Sheriff of the other District, who after getting the Writ indorsed by one of the Judges of the Court for the District in which the Goods, Chattels, Lands or Tenements are situated, shall execute the same, and make Return thereof, to the Court from whence it issued; and such Writ and Return shall be by him sent to the Sheriff of the District from whence the Writ was originally awarded, to be delivered into the Court that issued the same. The Sheriff executing such Writ shall be answerable for his Doings relative thereto before the Court from which it was originally awarded, and the Judges of the Court of Common Pleas for the one District may in like manner award Execution against the Body of a Person residing in the other in Cases where such Execution is by the Law allowed; and the Sheriff executing the Writ to him in such case directed shall convey the Body of such Person into the Prison of the District wherein such Person shall be arrested.

Art 40. That the Ordinance shall continue and be in force from and during Two Years, from the First Day of May next, and unto the End of the Sessions of the Legislative Council which will be in the Year of our Lord 1787.

(signed)      HENRY HAMILTON.

Ordained and Enacted by the Authority aforesaid, and passed in Council under the Public Seal of the Province at the Council Chamber in the Castle of St Lewis in the City of Quebec, the 21st day of April, in the Twenty Fifth year of the Reign of Our Sovereign Lord George the Third, &c. &c. &c. and in the Year of our Lord 1785.

By the Lieutenant Governor's Command.


Canadian Archives, Q 62 A-2, p. 601, also Ordinances, 1763-91, p. 149. The Ordinance for regulating the proceedings in the Courts of Civil Judicature, first passed in 1777 (see p. 682) had been renewed every two years, with practically no alteration, notwithstanding the continued efforts to secure the introduction of trial by jury in civil cases in accordance with the 12th article of the Governor's Instructions (see p. 599). But during the session of 1785, under Lt. Governor Hamilton's administration, on the renewal of the ordinance, provision for trial by jury was incorporated. For this the Lt.-Governor received the thanks of the mercantile element of both old and new subjects in an address of May 9th, 1785. See Q 24-2, p. 398. For details of the proceedings in Council incidental to the amendment of the Ordinance of 1777. See Minutes, v. D., pp. 203-301.

HOPE TO SYDNEY.[189]

Quebec 2d November 1785

My Lord,

Having had the honour in my Letter of the 24th ulto to acknowledge the receipt of Your Lordship's Dispatches inclosing the kings commission of Lieutenant Governor,[190] I have now to acquaint your Lordship that I have this day been sworn into Office and have assumed the Command of His Majesty's Province of Quebec. Business of various kinds that was pending, and which Lt Govr Hamilton could with greater propriety expedite and conclude, induced me to acquiesce with chearfulness in his proposal not to fix upon an earlier day for his resigning the seals of the Province into my hands.

His Majesty and his Ministers, My Lord, are no strangers to the causes which in the years 1774 and 1775, assisted by national and religious prejudices (truly laudable in other parts of the empire) rendered the antient subjects residing in Canada, especially the natives and Emissaries of the other colonies, averse to the Act of Parliament which regulates the Province of Quebec.

It is equally known to His Majesty and Ministers, how far the same causes at the re-establishment of Peace, and after the departure of Govr Haldimand from the Province last year, engaged this same description of People to establish Committees as in 1774, and to renew Petitions against the present constitution of the Colony.[191] To these causes, My Lord, was added a spirit of Party and faction fomented by various interests and resentments, and which I am warranted in pronouncing had little foundation in views for the public happiness or the liberty and welfare of the people.

It shall be my study therefore, Be assured My Lord, to discountenance and checque this spirit as far as in me lies, and to endeavour by moderation and impartiality to bring back all His Majesty's subjects to a sense of their duty and to a desire to promote the Tranquillity of the Province. The approbation of My Gracious Sovereign, the noblest reward which a faithfull and zealous subject can propose to himself, will be a constant inducement to persevere in the line of conduct which has procur'd it — To merit that approbation is my greatest ambition.

At the same time that I am sensible of the difficulties of my station and present Situation, I have satisfaction in informing Your Lordship, that the contagion of party and the desire of innovation (notwithstanding the Countenance which they have had, and the effects produced by the Emissaries who were sent by the Committees thro' many of the parishes,) can be said to have made but little progress amongst the Canadians in general. Those of them who have join'd in Petitions addresses &ca are chiefly Burghers and shop keepers in the Towns of Quebec and Montreal, dependent upon the British Traders in their circumstances and with a very few exceptions by no means respectable in their characters. The Noblesse, the Proprietors of Lands and the secular Clergy, are sensible I believe of the advantages granted them by the Act of Parliament and consequently wish ardently the continuance of it. Bigotry and the influence of the Regular Clergy viz: "of the Seminaries of Quebec and Montreal and of the other Religious Communities made some respectable people among the Canadians join at first in the mission of Messrs Adhemar and De Lisle, in consequence of the expulsion from the Province of two Priests who were sent from the seminary of St Sulpice at Paris; but they no sooner found that this measure was perverted to civil and Political purposes, than they became sensible of their error; and in the Petition to the King (of which Major Ross was the Bearer) they testified their disapprobation of an House of Assembly and the innovations consequent upon it.[192] I would upon this occasion be more explicit in my sentiments on the present system, if I did not know that His Majesty and Ministers may have the most ample information on that head from the General Officers who have since the conquest of the country had the honor to serve as Governors in it — The Generals Gage, Murray, Sir Guy Carleton and Govr Haldimand are in England; their abilities and experience render them in an eminent degree competent to judge of the system which is best calculated to secure this Country, to promote the happiness of the people and to render it useful to Great Britain.[193] Permit me only, My Lord, to suggest with great deference an Opinion that provided the present system is persevered in without any further Parliamentary Interference, an Instruction or permission should be given to His Majesty's Governor or Commander in Chief for the time being, to recommend more than six Canadian Catholics for seats in the Legislative Council — for as this Body has authority to make alterations in the Laws, customs and usages of Canada, the measure appears to me only consonant to equity and could not fail to have the best effects in reconciling the people to such alterations as it may be necessary to make, in the enacting of which an equal or at least a more proportionable number of their Countrymen shall have a voice. Some transactions in the last session of the Legislative Council to my knowledge created these just reflexions in the minds of many of the most moderate and intelligent Canadians — and I have reason to think that such an additional proof of His Majesty's Generosity and confidence would give great satisfaction to the people of Canada, as it would in their opinion secure to their Posterity, the Possession of their religion, laws and liberty. Another measure which in my humble conception will attach the Canadians still more firmly to His Majesty's Government, would be to establish a corps under certain regulations for the service of the Province officer'd chiefly by Canadians; which would hold out some provision for the younger branches of good families, (the want of which or of some similar resource I have heard them frequently lament,) — might be made to serve many useful purposes — would restore that martial spirit so congenial to their sentiments — and which would be also a Standard for the rest of the Country to repair to, when an enemy might threaten the frontier.

I am aware My Lord that the Loyalists settled between Cataraqui and Montreal have been incited to ask, and have been encouraged to expect a Constitution of Government different from that establish'd in the other Parts of the Province, and that to meet this wish of theirs without at the same time creating jealousy in the other subjects of the Province will be the most embarrassing point for Government in England to settle — but their Numbers are not so considerable nor their desire for a change of the present System so firmly rooted (I should hope) as to render such a measure necessary at least immediately; as otherwise I foresee that it will create a reasonable source of complaint among the Canadians.

I will in a future letter and when I shall have received the dispatches and Regulations announced to me in Your Lordships letter of the 16th August[194] have the honour to write more fully my sentiments of these and other matters

I have the honour to be My Lord with the utmost respect

                     Your Lordship's

                           most Obedient and

                                 faithfull humble servant

                                                    HENRY HOPE

The Right Honble Lord Sydney &c &c &c

(original)


Canadian Archives, Q 25, p. 220. When Hamilton was dismissed, Col. Henry Hope, who had been acting as Quarter-master General, was promoted to the rank of Brigadier General and received the appointment of Lieut. Governor, as announced in a despatch from Lord Sydney, dated Aug. 20th, 1785. See Q 25, p. 35. As he had been a favourite of Haldimand and a strong opponent of Hamilton, the policy of the Government, as may be gathered from this despatch, was immediately changed on his assumption of office.

It was in his letter of Oct. 21st, that he acknowledged this despatch from Sydney. See Q 25, p. 109.

Referring to the petition of Nov. 24th, 1784, and the work of the Committees of Quebec and Montreal in drawing up the Plan of a House of Assembly, and appointing an agent in London. See pp. 742 & 753 and note 1, p. 753.

See p. 762.

General Haldimand on his return to England drew up a memorandum respecting public matters in the Province of Quebec, which he submitted to the consideration of Lord Sydney. Among the topic discussed were those of Civil Affairs and Deputies from Canada. Under these heads he had this to say: — "6th. The Spirit of Opposition to every Measure which I have proposed in, or out of Council for the King's Service, has been so strongly manifested by some Members of the Legislative Council, and by the Attorney General, particularly since Lieut. Governor Hamilton's arrival at Quebec, who has thought fit to place Himself at the Head of that Party, and the Infection has been so industriously spread by means of the Clergy, and other Agents, that I despair of seeing that mutual Confidence and Harmony subsist in the Council or amongst the People, which is so indispensably necessary to the King's Service and well being of the Province, while these gentlemen remain in Office. The Instances I allude to are many, some of them, particularly the last, are upon record in the Minutes of the Council — This party is composed of the Lieut. Governor, Messrs. Finlay, Grant, Allsopp, Cuthbert, DeLery and Levesque." * * * * * "7th. It is highly necessary to discountenance the Correspondence carried on by the People stiling themselves deputies from Canada, and supported by Mr. Maseres and others, applying for a change of Government by the establishment of a House of Assembly and other changes entirely contrary to the Interests of the King and Happiness of His good Subjects in that Province. The Clergy, whose devotion to the Interests of France has of late been strongly manifested, are deeply engaged in this Party, & unless Measures are speedily taken to cheque the Progress of it, so as to deter the Clergy from persisting, it will, ultimately, be necessary to withdraw some of them from that Country. — " Q 25, pp. 306-308. Carleton afterwards submitted a Memorandum of 20th Feb., 1786, which showed a very great change of mind on his part as he recommended the good policy of removing, unasked, every grievance or burden which would render the position of those in Canada inferior to that of their neighbours of the United States, in order to render any change of allegiance on the part of those in Canada undesirable. See Q 26 — 1, p. 53.

Here again he has mistaken the date of the letter referred to, which was that of Aug. 20th already mentioned in note 1, p. 793, in which his appointment was announced and various instructions promised. See Q 25, p. 35.

MEMORIAL OF BRITISH MERCHANTS TRADING TO QUEBEC.[195]

The Committee of Merchants Trading to Quebec request the honor of waiting on Lord Sydney as early as convenient, respecting the inclosed Regulations proposed for that Province.

New York Coffee house

8 February 1786

At a General Meeting of the Merchants of London

Trading to the Province of Quebec held at the New

York Coffee House the 24th January 1786.

We the said Merchants whose Names are underwritten for ourselves and agreeable to the urgent and reiterated complaints and Applications of the Inhabitants of the province of Quebeck think it necessary and expedient that a Representation be made to his Majesty's Ministers of the distressed and deplorable State of that Province stating and submitting to them the following Measures which we humbly apprehend to be most likely to prove effectual for quieting the Minds of his Majesty's subjects there extending and securing the Commerce and protecting the property of the British Merchants.

Vizt

Laws Constitution House of Assembly.

The present Code of Laws, if the mixture of French and English Laws may be so call'd, not being well understood the Execution of them is subject to much Difficulty and Uncertainty, among other Inconveniencies persons often claim the Right of both and take the Advantage of that which best suits their purpose by these and other means the payment of Debts are evaded and right and property is rendered uncertain and insecure. The Losses the British Merchants have suffered from this evil within the last three years has occasioned the ruin of many and such is the present want of Confidence and want of Credit in consequence of these Disasters, that Common Ruin and General Distress must ensue if some effectual Remedy be not immediately applied.

From the Petitions[196] delivered last Year to the Right Honorable Lord Sydney signed by upwards of 1800 of the principal Inhabitants from the Letters lately addressed to us from the Committees of Quebec and Montreal on this Subject (Copy's of which are hereto annexed)[197] And moreover from our own Knowledge and the particular Information our Connections in that Country afford us, we are clearly and unanimously of opinion that for the Relief and Redress of these evils and the many other Defects of the present Constitution of that Government a provincial Legislature or House of Assembly Established on the principle as in every other British Colony in America will be effectual.

We are equally confident that it is the earnest wish and desire (whatever may have been represented to the Contrary) of the principal as well as the Generality of the Inhabitants of the province both old and new subjects (and to which the Loyal Refugees have also added their testimony by Petition)[198] to be governed by British Laws to be made and administered according to the British Constitution — They found their Claim to it not only as British subjects but under his Majesty's special Proclamation of the 7th October 1763.

We conceive no other Form of Government will satisfy and quiet their Minds secure their Rights & protect our property — We therefore feel it our Duty to recommend in the most earnest manner this Measure to his Majesty's Ministers as the most essential for the Security and Prosperity of this valuable province and that that obnoxious and impolitick Law[199] the act for subjecting the British Subjects of Canada to a Government so repugnant to the Ideas of Britons and the British Constitution and was so often cry'd out against as one of the Causes of the Defection of the Neighbouring Colonies may no longer disturb the peace of the Loyal Subjects of this province

Vermont

This new state which is already become very populous and which has no Sea ports but through this province must require considerable quantitys of European Manufactures for which to avoid the Duties and heavy Charge of transporting them by Land through the American States would naturally have recourse to Canada and prefer the British Manufactures to which they have been accustomed were the Communication allowed — We do not conceive such Communication under proper restrictions could be attended with any evil on the Contrary it must be productive of great Trade and Riches to the Province of Quebec and in consequence the increase of British Navigation and Commerce

Newfoundland & The Corn Trade.

Agriculture has been constantly improving in Canada ever since the Country has been under British Government in so much that the Exportation to the European Markets amounted the year preceeding the last War to upwards of Three hundred thousand Bushels of Wheat besides considerable quantitys of Flour and Biscuit sent to Newfoundland and the West Indies and although the necessary Consequences of the War was a temporary Impediment to its progress it has speedily revived again with the Re-establishment of Peace and the Crop of the last year we have undoubted Authority to assert will afford upwards of Two hundred Thousand Bushels of Wheat for Exportation — There can therefore be no doubt of this province being able sufficiently to supply the Newfoundland Fishery with Bread and Flour. The Merchants concerned in that Branch of Trade having particularly desired as the most essential means for the Security of the British Fishery to be precluded from any Commerce or Communication with the American Independent States alledging that the Licences now held out to them for importing provisions from thence will be a Cloke for purposes prejudicial to the Fishery and will be availed of by none but what have contraband views since such provisions can be had from the Mother Country or from Canada cheaper than from any of these States We therefore think it our Duty to second the request of those Concerned in the Newfoundland Fishery in order that the Province of Quebec may enjoy the Advantage of supplying its Sister Colony with those Articles of Provision which it is in its power so amply and effectually to do.[200]

Fishery.

That as the Merchants concerned in the Trade to Newfoundland have applied to Government for certain Regulations with respect to Duties Bounties &c to countervail the Bounty lately granted by France for the Encouragement of the French Fisherys we conceive it will be equitable and equally beneficial to this Country that the same Advantages that may be granted to the Newfoundland Fishery should be extended to this and the other British Colonies in America.

Wine Fruit & Olive Oil.

The Importation of these Articles direct from the places of their growth in Spain and Portugal is also asked by the Newfoundland Merchants — We the Merchants Trading to Quebec (who have repeatedly petitioned the Lords of the Treasury) therefore now renew our Application on this Head — [201]The Inhabitants of Canada when under the French Government were accustomed to Red French Wine as their Common Beverage — the Duties on French Wine in England being so excessive high, the Red Wine of Catalona which is the nearest in point of quality was introduced from Two thousand five hundred to Three thousand Hogsheads of it have been imported into Canada annually — The great Expence of Freight and other Charges attending the bringing this Wine to England to Land, clear and reship for Canada is almost equal to the first Cost and Duty the original Cost being but thirty @ thirty five shillings p hogshead and the Duty Seventeen shillings and sixpence. It has been and must be the means of introducing a fraudulent Trade by which a greater part of the Consumption is and will be supplied in French Wines which Trade will now be facilitated by the Independance of the neighbouring States and therefore we conceive in point of Revenue as well as for the Advantage of this Colony it would be proper to permit the Entry of Wine direct from Spain and Portugal on payment of the same Duties that would remain on it when exported from Great Britain — Fruit and Olive Oil we are also of Opinion should be permitted direct from the places of their Growth that the Inhabitants of British America may not be deprived the Advantage of these Articles the former of which in particular is in its Nature too perishable to undergo a double Voyage.

Bounties on Oak Timber Staves & Other Lumber.

The Bounties on the Importation of Oak Timber Staves and other Lumber having expired some years ago, this Branch of Trade has in Consequence of this and the Interruption of the War been almost totally discontinued — The Renewal of the said Bounties for a limited time would we conceive be productive of the most Salutary effects in extending the Consumption of our Manufacturers employing many Ships and saving great sums of Money annually paid to Foreigners particularly for Staves which are now imported only in Foreign Ships from Hamburgh and Stetin on this Subject we refer to our Memorial presented to the Lords of the Treasury the Beginning of the Year 1785.[202]

Hemp.

While this province was under the Government of France — Considerable Quantitys of Hemp were raised — The Climate being extremely favourable and many of the Lands peculiarly adapted to the Growth of this Article we are of Opinion if a Bounty equal to what was given formerly to the American Colonies of £8 p ton was extended to this province it would be the means of reviving and promoting the Cultivation thereof — to the mutual Advantage of both Countries.

The Trade from Montreal to the Indian Country by far the most considerable in the province is greatly impeded for want of proper Vessells to transport the property over the Lakes the same during the War having been restricted to Kings Vessels which still continues. And we are of opinion this inconvenience can only be removed by allowing the Traders to build Vessels for themselves under such Regulations as may be thought proper this was permitted before the War and no Inconvenience was found to arise there-from on the Contrary it was a great Security to the Kings Garrisons for in case of any accident to the Vessels — they have recourse to those belonging to the Traders[203]

We do appoint Mr. Hunter Mr. Rashleigh Mr. Ellice and Mr. Gregory to state these Matters to his Majesty's Ministers and to request their Concurrence to such Laws as may be necessary for obtaining the Objects desired — 

Robt HunterJno Brickwood
Robt RashleighJ. Strachan. J. Mackenzie & Co
M & I Gregory & CoHeny Callender
Phyn & ElliceJno Paterson
Jno ShoolbredIsaac Todd
Dyer Allan & Co,Elias Lock
John Strettell

Canadian Archives, Q 26 — 1, p. 33. The points dealt with in this memorial indicate not only the chief political reforms required but also the chief points in Canada's external relations at this time. They foreshadowed the discussion for the next three years, and outlined the features dealt with in the extensive Report, or series of Reports of 1787, — the outcome of Carleton's instructions to undertake a systematic investigation of the condition of the Province.

Referring particularly to the petition of Nov. 24th, 1784, presented in the spring of 1785; see p. 742.

See below pp. 801 and 803.

See p. 773.

Referring to the Quebec Act.

The question of the Newfoundland trade and fisheries was a subject of vigorous and prolonged discussion in the British Parliament and press at this time.

Under the Colonial policy embodied in the Navigation Acts of the time, not only must such limited trade as was permitted with foreigners be conducted exclusively in British ships, but the trade must pass through British ports and not directly between a foreign country and colonial ports.

The Colonial timber trade and the bounties thereon grew to be a matter of much controversy for the next half century.

The ostensible object of prolonging the regulation adopted during the Revolutionary War, of requiring all transport on the upper lakes to be conducted in government vessels, was to prevent the fur trade from falling into the hands of the Americans. The Canadian merchants engaged in the trade continually protested against the regulations as unnecessary, expensive and vexatious.

LETTER FROM MERCHANTS OF MONTREAL.[204]

Montreal 2d Novemr 1785

Gentlemen

We had the satisfaction of receiving on the 30th July your esteemed favor of the 26th May, to which we should before now have made Answer, but the hurry of private Business which in the shortness of our Summer season requires the most Assiduous application, & the desire of procuring the co-operation of the Loyalists, in order to transmit you a Petition from them by the fall ships, occasioned the long delay.

In conformity to your recommendation, and in Justice to that respectable and Numerous body of new Settlers in the upper parts of the Province, the substance of our petitions was thrown into a more concise and general form, and transmitted to them for perusal and approbation; but owing to a Petition which last year had been presented by their Agents in London,[205] they are of Opinion (but without finding any fault with the Language or Spirit of ours) that it will be more proper for them, to wait the result of that Application, than to join in Another, le'ast their Interference should in some degree Militate against the Measures wch their Agents may be pursuing. — We shall transmit you Copy of the Advice which one of the most respectable and Intelligent amongst the Loyalists received from London on this Subject.

The Letter is dated 15th June 1785 saying — 

"The Gentlemen from Canada now in London, who intend settling in the upper parts of the Province (the writer of that Number) have presented a Petition to his Majesty, praying for an Alteration of the present mode of Government, and the Tenure by which they hold their Lands. — or that the upper parts of the Province including all the new Settlements, may be erected into a new Province, with a Government similar to the Royal Governments before the Revolution in America; but no Answer has as yet been given, I suppose it will be laid before the two Houses of Parliament for their consideration."

From this Paragraph you may see that their Views are directed nearly in the same Manner as our own; and we should think that by Uniting with their Agents at home, it might prove one of the Most effectual Measures for Obtaining our earnest desires, — a House of Assembly. — However supine and indifferent about modes of Government the Canadians may be esteemed, they Assuredly would consider themselves highly insulted and wronged, were they to see a part of the Province of which they are Inhabitants erected into a New and free Government, whilst they were continued, under the disgraceful System of being excluded from the smallest participation in their own Legislation. — 

From the different Conversations you mention to have had with Lord Sydney on this Business, we had hopes that some steps would have been taken by him in Order to procure the free Suffrages of the People here; but the Measure lately adopted of recalling Lieut Governor Hamilton and placing the power of Governor & Commander in Chief as well of the Province as of the Troops in the hands of a Military Gentleman,[206] indicates so strongly the Aversion of the Minister from those means, as to preclude every hope that the People at large will be called upon to give their Voice with freedom, — for how many are to be found even amongst the higher and more independent Classes of Mankind who will give their opinion freely in Opposition to that Person who has the Power of commanding them at pleasure; fixing without control the duration of their Servitude and the recompence of their Labour And, to enforce his Orders has a Military Force under his own immediate direction — You will easily suggest that the present is not a fit season for obtaining new Signatures, but tho' we shall wait with patience for a discussion of our Petitions, we shall never lose the Object of them in View.

Our Requests are Rights belonging to us as British Subjects which sooner or later will We hope be granted; for we cannot allow Ourselves to think that the good sense of the British Senators will for ever continue the unwise and disgraceful difference which at present distinguishes this Province from all the other Colonies belonging to Great Britain — 

It affords us the highest satisfaction that your opinion coincides with Ours, and that you are resolved to prosecute the prayer of our Petition with firmness and Temper. — 

We are happy that you consider the welfare of the Province so connected with your own Interests as to render both Objects of your Steady pursuits and we trust we shall derive most effectual assistance through your Means towards the Completion of our wishes. — We are with the greatest Esteem & Respect

Gentlemen

your most obedient & very humble Servants

James McGillBouthillier
Simon McTavishJn De Lisle
Benjn FrobisherPre Guy
Richd DobieDumas
James FinlayS. Martin
Nicholas BayardMce Blondeau
Perinault
Pre Foretier
Jf. Perrault
Jh. papineau

To Messrs

Phyn & Ellice

Robert Rashleigh & Co

J Strachan J McKenzie & Co

Dyer Allan & Co

Robt Hunter

John Strettell

John Paterson

 

     London

Endorsed: In letter from Committee of Quebec Merchts of 8. February 1786


Canadian Archives, Q 26 — 1, p. 42. English and French versions of this letter are given in parallel columns, the English copy being signed by the English merchants and the French copy by the French merchants.

See p. 773.

Brigadier General Henry Hope. See note 1, p. 793.

LETTER FROM MERCHANTS OF QUEBEC.[207]

Quebec 9 Novr 1785

Gentlemen

We received your favor of the 26th May last Concerning the Petitions from this Province transmitted you last Spring — And are sorry to see that Ministry seem to be inimical thereto — 

We intended applying to the Country parishes to procure more Signatures to these Petitions — but as you mentioned in your Letter that Government meant to send out orders that the Sense of the whole people should be taken on the Substance of them[208] We thought it better to wait for that General decision, well Convinced it would turn out in our favour — The Arrival of the Antelope packet awaked us from that delusive Dream. The removal of Mr. Hamilton from the Government and placing the Civil and Military power in the hands of the same person[209] Convince us that the Ministry mean to oppose any Steps we should take.

We explained to you in our Letter of last Spring the nature of the Counter Petition[210] — And we Cannot yet persuade ourselves that the Minister will produce it. The promoters of it in this Country conducted it in such a private manner — that we never could find out who signed it. If it is produced we will thank you for a Copy of the Names that are at it, having reason to suppose that undue means were used to procure Signatures — 

We inclose you Letter from the Committees of Montreal they have so clearly expressed our Ideas that we have very little further to say on the subject — 

As the Committee of this place we return you our thanks for the trouble you have already taken in the Affair — And hope you will pursue it with that Steadiness which the importance of the fate of a whole Province where your own Interests are so deeply engaged demands.

It is likely the Constitution of the Province will be absolutely fixed in the Course of this Winter — every exertion therefore on your part will be necessary to procure for us that freedom we so earnestly desire, which is the birth-right of every British Subject and which is so essential to the welfare and prosperity of the Country. The people here look up to you for Support and they hope you will be able to procure the Aid and Assistance of the City of London and of the other great Commercial Towns of the Kingdom to preserve this province, now the most valuable on the Continent of America belonging to the British Empire, from being kept in ignominious Slavery

We request you will introduce our Petitions at the opening of this Sessions into the two Houses of Parliament and instruct those Members that Carry it up to insist positively on the prayer of the Petition for a House of Assembly We wish the Sense of the House may be taken on that point having great Confidence on the Patriotism and Public Spirit of the British Senate — Many of its Members have already stood forth in our favour and demanded the Repeal of the Quebec Bill.

We think it will be necessary to support our petitions by the Examination of such Gentlemen from this Country as are in London at the Bar of the Two Houses of Parliament

We flatter ourselves our late Worthy Lieut. Governor Hamilton will give a just report of our Conduct in the Affair and that so far from Stirring up Sedition and disturbance in the Province as has been insinuated[211] We conducted every thing relating to these Petitions with the greatest Harmony and Moderation

We have the Honour to be with great Respect

    Gentlemen

        Your most Obedt Hble Servts

James JohnstonDeschenaux pere
Adam LymburnerLs Germain fils
Robert LesterLs Turgeon
Wm LindsayDénéchau
Jno PurssDubau
John AntrobusCh. Pinguet
Ch:Louis Dumére
Perrault l'ainé
Pommereay

Messrs

    Robt Hunter

    Phyn & Ellice

    Robert Rashleigh & Co

    J. Strachan J. McKenzie & Co

    Dyer Allan & Co

    John Strettell

    John Paterson

        & others

Endorsed: In Letter from Committee of Quebec Merchts of 8 Feby. 1786.


Canadian Archives, Q 26 — 1, p. 48. This also is given in English and French; the English copy being signed by the English merchants and the French by the French merchants.

See despatch of Sydney to Hope which follows this document, as also the references to this matter in the debate on the bill introduced by Mr. Powys, M.P., given in note 2, p. 767.

See note 1, p. 802.

See p. 754.

As in Hope to Haldimand, Q 24-2, p. 386; and Haldimand to Sydney, see note 3, p. 795.

SYDNEY TO HOPE.[212]

Whitehall 6th April 1786

Lieutenant Governor Hope.

        Quebec.

Sir,

The Season of the Year not having admitted of a direct communication with Quebec since you were invested with the Office of Lieut Govr of that Province, but through Channels which were at best very precarious, I have deferr'd till this moment acknowledging the receipt of your Letters from 1 to 10.

Before I enter minutely into the several subjects contained in those Letters, I cannot omit to acquaint you, that His Majesty upon a perusal of them express'd himself well pleased with the clear and distinct manner in which the several points of business are arranged; and I may farther add, for your satisfaction, that your sentiments upon Matters in general relating to the Province are directly correspondent with the Opinion entertained by His Majesty's Servants here.

The Affairs of the Indians have lately been a Subject of much Consideration — Joseph Brant, who arrived in the Packet with the late Lieut Governor, has been charged with the transaction of two points of Business;[213] the first to demand restitution for Losses sustained by the depredations of the Americans during the War; and the second, and more material Object, to be satisfied how far they might depend upon the support of this Country in case they should be engaged in Disputes with America, respecting their Lands. — 

With regard to the first of these points, His Majesty's Ministers have every reason to think, that it has been concluded in a manner that will be entirely satisfactory to the Indians, and they cannot but conclude that the liberal manner with which this application has been treated, must impress them with a very favorable Opinion of Our friendly disposition towards them. The Losses of the Mohawks according to the Schedule certified by Sir John Johnson, and Lieut Colonel Claus, amount to about £15,000 Sterlg in which are included those sustained by Joseph Brant and his Sister. It has not, however, upon many accounts been thought advisable to admit their right to Compensation for Sufferings, which are really nothing more than the usual effects of War, and which they have shared only in common with His Majesty's Subjects, But it has nevertheless been judged expedient, not only to gratify them for their former Services, but to endeavour to secure their future friendship and confidence. Upon this ground a Sum equal to the amount of the Losses sustained by Joseph and his Sister has already been paid to him, to enable him to dispose of it to advantage in the purchase of Merchandize previous to his Departure, and Assurances have been given that a favorable Attention will be shewn to the Claims of the rest of the Indians still continuing attached to this Country, who have been Sufferers in the same Way.

Notwithstanding the Reports which have been circulated by the American Deputies sent into the Upper Country, His Majesty's Ministers are of Opinion, that they will hardly attempt by force to remove the Indians whilst they continue united, from the possession of the Lands which they at present inhabit within the Territory to which His Majesty, by the late Treaty of Peace, has relinquished the Sovereignty, much less to commence Hostilities for the Possession of Detroit, whilst there can remain even a probability that the Indians will not lend their Assistance in endeavoring to effect it.

His Majesty's Ministers observe, that the Meeting between the Deputies from the several Tribes, and the Deputies from Congress will take place some time this Spring, though probably not till after the arrival of Joseph Brant, and much will depend upon the turn which Matters will then take. His Majesty's Ministers rather imagine that no Disputes will arise at this Meeting but that the Americans will leave them in the possession of their Hunting Grounds until a more favorable opportunity shall hereafter offer for effecting the purposes which it is supposed that Congress have ultimately in view, and if that should be the Case no difficulties will immediately occur; but if contrary to their expectation the Indians should not accede to any Proposals that may be made to them by the American Deputies, or cannot be prevailed upon peaceably to accept of the Asylum already directed to be offered to them, within the Province of Quebec, Our Situation will in some degree become embarrassing. To afford them open and avowed Assistance, should Hostilities commence, must at all Events in the present State of this Country be avoided; But His Majesty's Ministers at the same time do not think it either consistent with justice or good Policy entirely to abandon them, and leave them to the mercy of the Americans, as from motives of resentment it is not unlikely that they might hereafter be led to interrupt the Peace and Prosperity of the Province of Quebec. It is utterly impracticable for His Majesty's Ministers to prescribe any direct line for your Conduct should matters be driven to the extremity, and much will depend upon your judgment and discretion in the management of a Business so delicate and interesting, in which you must be governed by a variety of Circumstances which cannot at this moment be foreseen.

The inclosed Copy of a Letter to Joseph Brant, in answer to his representation, will explain to you the extent of the Engagements entered into on this Side of the Water, with which he will proceed in the course of a few days to meet his Brethren, and from his professions of Attachment to this Country, His Majesty's Ministers are led to expect that he will from time to time furnish you with the earliest notice of any thing material that may occur which you will communicate to me in the most expeditious way, for His Majesty's Information, that Instructions may be transmitted to you for your guidance upon such measures as it may be judged adviseable to adopt.

His Majesty's Ministers are well aware of the Efforts that have been made by a certain description of People to raise Discontents in the Province of Quebec, and to bring forward Petitions to the Throne against the present constitution of the Colony, But notwithstanding these proceedings, no measures whatever are intended to be taken for a change of the System of Government, until Sir Guy Carleton shall have consulted the Opinion of the Province thereupon, and clearly ascertained that such a Change will be attended with material advantage to its general Interests and Happiness. — His Majesty feels the strongest disposition to give His Canadian Subjects every proof of His Confidence, and will forthwith take under His Royal Consideration the Measure you recommend of increasing their Numbers in the Legislative Council,[214] which indeed had been in contemplation previous to the receipt of your Letter upon that head.

The flourishing State of the new Settlements affords His Majesty great satisfaction, not only on account of the Advantages which the Province in general will derive from so valuable a Body of People, but from an interested concern for the Welfare and Happiness of Persons who from their Loyalty and Attachment to His Majesty's Government have merited His Royal Countenance and Protection. The Lords of the Treasury I hope will provide the additional Supplies which you recommend for their Subsistence, and I have no doubt but you will receive Instructions from their Lordships on that point by this conveyance.[215]

However desirable it might be to encrease the Military Force in the Province of Quebec, I cannot at this moment encourage you to expect that the Measure will be adopted from the weak State of the Army remaining in this Kingdom, and the various Services which call for their execution; Your Suggestions relative to the raising Colonial Regiments[216] it must be allowed are worthy of consideration, and will be attended to at a proper time, when the State of the Province again becomes the Subject of discussion.

In the present posture of Our affairs with the American States, His Majesty's Ministers do not judge it adviseable to renew the Office of Lieut Governor of Detroit, particularly whilst the Command of the Post continues in the hands of Major Ancram, who is represented to be a discreet and intelligent Officer.

His Majesty's Ministers could have wished that the Expence of the Quarter Master General, Barrack and Marine Departments had not been encreased without their concurrence; they have, however, from a desire to show countenance to your Proceedings in every possible way, consented that the present Establishment shall continue until final Arrangements shall be made for the execution of the Duties of those Departments, which are now a Subject of Consideration. At the same time I must acquaint you, that they feel themselves under the necessity of refusing a Compliance with your requisition for the Allowance of Aids de Camp, as the admitting an Innovation of that Sort, inconsistently with the regular Line of Military Service would not only be productive of Jealousies and Discontents, but in many respects be extremely prejudicial to His Majesty's Service.[217]

I am &ca

 

         SYDNEY


Canadian Archives, Q 26 — 1, p. 73. Indian affairs were in a very critical condition at this time, there being once more, as in the days of French and English rivalry, two powers seeking to obtain a predominant influence with the Indians. This despatch indicates the policy of the British Government at the time.

See Brant's communication of his credentials to Sydney in London, Jan. 4, 1786. Q 26 — 1, p. 1.

See Hope to Sydney, p. 793.

See Hope to Nepean, Q 25, p. 29, and reply, ibid. p. 33.

See Hope to Sydney, p. 793.

See Hope to Sydney, Q 25, p. 237. In this he states that he has appointed two aids-de-camp, whom he expects to be paid.

LETTER TO BRANT ENCLOSED IN FOREGOING DESPATCH.[218]

Whitehall 6th April 1786

Colonel Joseph Brant

Sir,

The King has had under His Royal Consideration the two Letters which you delivered to me on the 4th of Jany last[219], in the presence of Colonel Johnson, and other Officers of the Indian Department; the first of them representing the Claims of the Mohawks for Losses sustained by them and other Tribes of Indians from the Depredations committed on their Lands by the Americans during the late War; and the second expressing the desire of the Indian Confederacy to be informed what Assistance they might expect from this Country in case they should be engaged in Disputes with the Americans relative to their Lands situated within the Territory to which His Majesty has relinquished His Sovereignty.

Were the right of Individuals to Compensation for Losses sustained by the Depredations of an Enemy to be admitted, no Country however opulent it might be, could support itself under such a Burthen, especially when the Contest happens to have taken an unfavorable turn; His Majesty upon this ground conceives that consistently with every principle of Justice, He might withold His Royal Concurrence to the Liquidation of those Demands. But His Majesty in consideration of the zealous and hearty exertions of His Indian Allies, in the support of His Cause, and as a Proof of His most friendly Disposition towards them, has been graciously pleased to consent that the Losses already certified by His Superintendant General shall be made good, that a favorable Attention shall also be shewn to the Claims of others who have pursued the same System of Conduct, and that Sr Guy Carleton, His Governor General of His American Dominions, shall take Measures for carrying His Royal Commands into execution immediately after his Arrival at Quebec.

This liberal Conduct on the part of His Majesty, He trusts will not leave a doubt upon the Minds of His Indian Allies that He shall at all times be ready to attend to their future Welfare, and that He shall be anxious upon every occasion, wherein their Interests and Happiness may be concerned, to give them such further Testimonies of His Royal favor and countenance, as can, consistently with a due regard to the National Faith, and the honor and dignity of His Crown, be afforded to them.

His Majesty recommends to His Indian Allies to continue United in their Councils, and that their Measures may be conducted with temper and moderation from which added to a peacable demeanor on their part, they must experience many essential Benefits and be most likely to secure to themselves the possession of those Rights and Privileges which their Ancestors have heretofore enjoyed.

I am &ca

     SYDNEY


See Q 26 — 1, p. 80.

See Q 26 — 1, p. 1.

SYDNEY TO HOPE.[220]

Lieutenant Govr Hope

Whitehall 6th April 1786

Sir,

After the communication which I made to you in my Letter of this date of His Majesty's gracious approbation of your Proceedings in the Execution of the Duties of your Station, as well as of the favorable Opinion which His Majesty is pleased to entertain of your Ability, It cannot be supposed for a moment that any arrangement which may have occasioned a Change in your Situation can proceed from an idea of a deficiency on your part of those necessary Qualifications which ought to be possessed by a Person holding the distinguished Station in which you have been placed, or from any other Cause that can affect Your Character.

For some time previous to your Appointment to the Office of Lieutenant Governor of Quebec, His Majesty had it in contemplation to appoint a Governor General over his remaining American Dominions, not only with the view of uniting their general Strength and Interests, but for the more ready determination of Subjects upon which instant decision might be requisite. His Majesty upon this Idea has been pleased to fix upon Sr Guy Carleton, an Officer of High Rank and Character in His Military Profession, and peculiarly adapted by long experience for the regulation of Legislative, as well as Commercial and Political Concerns, to fill this very important Office.[221]

To complete the New Arrangement and invest Sr G. Carleton with the Authority which His Station necessarily requires, it has been found expedient to reduce the Powers which have hitherto been exercised by the Governors of Quebec, Nova Scotia and New Brunswick, as well as the designation of their Offices, by stiling them Lieutenant Governors, permitting the two latter nevertheless to enjoy the Emoluments heretofore annexed to their late Situation, and placing the Lieutenant Governor of Quebec upon a similar footing. It would be very desireable to His Majesty if in this Arrangement you could be accommodated agreeably to your Wishes, but under certain peculiar Circumstances His Majesty has thought it right that the Choice of the Lieutenant Governments of New Brunswick & Quebec should be left to Colo Carleton.[222] If he should prefer his present Situation which from the good opinion and Confidence he has acquired of the Inhabitants of the Province, and the wisdom of his Measures for the increase of its Prosperity, it is hoped he will do, His Majesty most readily concurs in your Continuance at Quebec. But in Case Col. Carleton should be desirous of a change of Situation His Majesty has been graciously pleased to authorise me to offer to you the Lieutenant Government of New Brunswick.[223]

I shall defer all further proceedings upon the Matter, so far as you are concerned, until I receive a Communication from you of your Sentiments upon it. In the mean time I wish you to believe that I am with great Truth and Regard.

I am &ca

          SYDNEY


Canadian Archives, Q 26 — 1, p. 82.

The following, from the London Gazette of April 15th, 1786, shows how this intention was carried out. "The King has been pleased to appoint Sir Guy Carleton, Knight of the Most Hon. Order of the Bath, to be Captain General and Governor in Chief in and over the province of Quebec, in America in the room of Sir Frederick Haldimand, K.B.

"The King has also been pleased to appoint the said Sir Guy Carleton to be Captain General and Governor in Chief in and over the province of Nova Scotia, including the islands of St. John and Cape Breton, in America, in the room of John Parr, Esq.; and of the province of New Brunswick, in America, in the room of Thomas Carleton, Esq.

"The King has also been pleased to appoint the said Sir Guy Carleton to be General and Commander in Chief of his Majesty's forces in the above mentioned provinces and islands, and within the island of Newfoundland." See also Quebec Gazette, Aug. 17, 1786.

Col. Thomas Carleton was a brother of Sir Guy Carleton, and was at this time Lt. Governor of New Brunswick.

This appointment he promptly declined, virtually saying that he would take Quebec or nothing. See Hope to Sydney, June 27th, 1786, Q 26 — 2, p. 490. He was permitted to remain at Quebec as Lt. Governor and President of the Council, while Col. Carleton was promoted to be Brigadier General and Commander of the Forces, under his brother Lord Dorchester.

MEMORANDA FOR INSTRUCTIONS.[224]

A What Policy should the Governor Genl observe, with the United States?

A What, with each seperate State?

B What with the Indians?

C What Policy should He observe with Vermont? how far may He permit, or connive at an internal trade, or intercourse with the people of that Country, or of the other States, till circumstances are ripe for an arrangement? Instructions, suited to the line of conduct adopted, should be sent to the Officers of the Customs — 

D A plan of secret intelligence should be formed, so that nothing hostile to the Kings American Dominions may be resolved on, nor even proposed, but what shall be quickly conveyed, & reported to the Governor Genl — 

Some general Ideas on these heads may be given, that the Kings Government in America may not deviate too far, from what shall be judged most advisable at home.

Tis presumed orders will be sent to all the Lieut Governors to correspond with the Govr Genl, & to send him every necessary information.

Tis recommended that the Lieut Governors take the lead, on all occasions where the interests of the people are concerned; that the Kings Government may assume its rights, and stand forth the Protectors of the People, of their Interests, and of their Liberties.

Tis recommended that an intelligent member from each Council, & One from each Assembly be sent to meet the Govr Genl in May next, & report to him the State & present condition of their respective Provinces; & to consult how most effectually to carry into execution The Kings benevolent intentions; to arrange & prepare all such measures as they shall judge most likely to promote the security, happiness & prosperity of the Kings American Subjects, in order that the result of their Joint deliberations may be submitted to the wisdom of His Majesty's Councils.

DORCHESTER

    July 28th 1786

Endorsed: North America

               To serve as memorandums — 


Canadian Archives, Q 26 — 1, p. 57. These memoranda were intended at once to solicit instructions from the Home Government and to guide its policy with reference to the mutual relations of the various provinces of British North America. A previous memorandum, of Feb. 20th, 1786, marked "private," though dealing mainly with military matters yet relates to some of the points here dealt with and shows a remarkable change of mind on Carleton's part with reference to the possible future of the remaining colonies. After pointing out the wisdom of cultivating friendly relations with the continent as a whole, he turns to the remaining colonies and says that, in view of their situation; "Good policy therefore requires we should leave as little for them to gain by a separation as possible. All the advantages offered to Congress for a reconciliation should be reconsidered, and such of them as may now be judged adviseable to grant, and are wished for by the Provinces which remain in their allegiance, cannot be granted too soon. That these benefits may have their proper effect, they should be conferred unasked, as soon as may be and as flowing spontaneously from the benevolence of Government, it would be unwise to withhold from dutiful obedience, what might have been obtained by tumults and rebellion, or by delay, to let leaders of Sedition usurp from Government the gratitude and confidence of the people. All Burdens on Land which may serve to excite animosities against the Crown should be taken off, but the regulations which promote the culture of soil, or check the evils of large Grants should remain. A power to protect the people from all vexations, more particularly from those which proceed from men in office, should be lodged on that continent, that a sullen discontent may not have time to spread." See Q 56 — 3, p. 609. Given also in Q 26 — 1, p. 53.

PLAN OF GENERAL DIRECTIONS FOR SIR GUY CARLETON[225]

To fix the province in which His Constant Residence is to be to direct his reporting as soon as possible, the real state of the opinion of the people in general, with respect to the applications that have been made to alter the present Constitution of Quebec, & whether the old [Canadian] subjects wish any and what alteration.

to send the Numbers of Old and New Subjects, and of those in particular, who have taken refuge from the United States

to give an opinion whether there should be any division of the province, where the division is to be made — what Number of refugees reside beyond the proposed division — what the Constitution of the proposed province should be and whether, if it is expedient to put it upon a different footing from that of Quebec and more analagous to that of the other British possessions, The Loyalists and disbanded Corps should not be settled there preferably to Quebec.

to report a State of the Trade of Quebec both Internal and External — Whether in Case a division of the Province takes place, it may not be the means of promoting a Connection with the United States, as they may more easily get supplies thro those States than from Quebec whether the Indians are supplied from the U States, and if so, what steps may be necessary to prevent it, & thereby preserve an Influence over them.

Whether the Indians or any of them continue settled within the Territories of the United States, & if so whether any & what measures should be taken to remove them within ours

To report once every Year a State of the different Provinces under His Government, whether any & what regulations are necessary to promote the Improvement and Commerce of each, and what alterations may be necessary in the Government and Police

If any emigration is to be encouraged or con̅ived at from the United States, directions must be given to Sr G. how far he must act upon such an occasion

These Instructions to be confidential and in Case of His decease or removal not to go to His Successor in the Government unless vested with the Government of the three distinct provinces

Endorsed: for Sir G. C.


Canadian Archives. C. O. 42, Vol. 18. p. 152.

This and the following document are undated and unsigned, but are found among a number of papers under the heading "Quebec, Dispatches and Miscellaneous, 1786." Whether they were the outcome of conferences with Carleton himself, or what connection he had with them is uncertain. They appear, however, to be in harmony with the preceding memoranda, and it is significant that the investigations and reports which are suggested are in line with the inquiries which he immediately set on foot after returning to Canada. Portions of the reports presented in virtue of his directions are given below. See pp. 869-945.

DRAUGHT OF PARTICULAR INSTRUCTIONS TO CARLETON[226]

Particular Instructions to our Trusty and Welbeloved Sir Guy Carleton, Knight of the Order of the Bath, Our Captain General and Governor in Chief, in and over Our Provinces of Quebec, Nova Scotia including Our Islands of Saint John and Cape Breton, and New Brunswick in America; and of all Our Territories respectively dependant thereupon:

Given at our Court at Saint James's the          day of          1786 and in the twenty sixth Year of Our Reign.

First

Whereas by Our Seperate Commissions under Our Great Seal of Great Britain, bearing date the

We have constituted and appointed You, to be Our Captain General and Governor in Chief, in and over Our Provinces of Quebec, Nova Scotia including Our Islands of Saint John and Cape Breton, and New Brunswick in America, and of all Our Territories respectively dependant thereupon, It is Our Will and Pleasure that you do in all things comply with the regulations and directions contained in Our said seperate Commissions, and the different Instructions given you therewith.

2d It is Our Will and Pleasure that Your usual residence shall be in Our Castle of Saint Lewis, in Our City of Quebec, from whence you are occasionally, not only to Visit the several parts of that Province, whenever and as often as the good of Our Service, the Welfare of Our Subjects, and the Safety and defence thereof, may necessarily require Your presence; but You are to repair to Our other provinces under Your Government, and the Islands of Saint John and Cape Breton, and take upon Yourself the Command and Government thereof, whenever You shall Judge it expedient so to do; for this purpose, You are to direct the Lieutenant Governors of Our said Provinces and Islands, to correspond with you by every Opportunity, and to inform you of the actual state thereof, that if necessary, You may by taking upon yourself the command as aforesaid, adopt such measures, and make such regulations, consistent with Our Instructions, as will effectually promote Our service, and tend to the Interest, Welfare, and Security, of Our Subjects; Informing us thro one of Our principal Secretaries of State by the first opportunity of what you have done upon such occasions, together with every circumstance attending the same, that Our pleasure thereupon may be signified to You

3d And whereas applications have been made to Us by divers of Our Loving Subjects Inhabitants of Our Province of Quebec, that some alterations may be made in the present Constitution of Our said Province as established by the Act passed in the fourteenth Year of Our Reign Intituled an Act &c And at the same time it has been represented to Us that the most considerable Number of Our Loyal Subjects therein do not wish that any Innovation or alteration in the present Constitution should take place. It is therefore Our Will and pleasure that as soon after your arrival in our said Province as possible, you do endeavor to obtain the most full and authentick information of the real sentiments of the Inhabitants in that respect; and if from such information it shall appear to You, that it may be necessary in any instance, to depart from the present established System of Government, as settled by the aforesaid Act, You are to state the same with all possible precision, and point out what in your Opinion, the present situation of the Province, or the general wishes of our subjects may with propriety and good policy require to be done therein; and you are to communicate the same to us thro one of Our principal Secretaries of State for Our consideration

4th You are to obtain as soon as possible, an account of the actual Number of Our Subjects residing in Our said Province, distinguishing the Old from the New Inhabitants, and again distinguishing those who have retired from the Province, now the United States of America, and those who have been in Our Service during the late War, and whose Corps have been reduced; and you are also to Obtain the most authentick Information, whether any of the Nations of Indians in alliance and Friendship with Us, continue to reside within the Territories of the United States of America, and the Boundaries thereof, as settled by the Treaty of Peace; and whether those Indians, or any others within Our Territories, are supplied with goods from the subjects of the said United States, or have any commercial or other Intercourse with them; and You are to transmit the same to Us thro one of our Principal secretaries of State as before directed, together with any Information, or proposition, by which you may think, proper and effectual Measures may be taken, to Induce those Indians to remove within Our Territories, and to discontinue any Intercourse with the subjects or Inhabitants of the said United States, which may Lessen Our Influence with them, and be prejudicial to Our Service, and the Interest and Commerce of Our Subjects.

5th And whereas it has been represented to Us, that the Internal Commerce of our province of Quebec, may be greatly promoted and extended; and propositions have been made to establish exclusive Trading Companies for that purpose: You are to transmit to Us as before directed, a clear and distinct state of the present Trade of Our said Province, both Foreign and Internal, and also Your opinion, how far the same may be extended and improved, and the representations and propositions made to Us as above mentioned, are founded in fact, and likely to be attended with Success: and whether the advantages which it is alledged may arise therefrom, will be more effectually attained by Establishing the exclusive Trading Companies as proposed, or by allowing a free and Open Trade to all Our Subjects.

6th And whereas from the great extent of Our province of Quebec, as well as the increased Number of Inhabitants, and in particular of those of our Loyal Subjects who were heretofore Inhabitants of the Provinces now the United States of America, and who have retained their allegiance to Us, it may be expedient to divide the same, and erect for the present a distinct and seperate province to the Westward: It is Our Will and Pleasure, that You do obtain the most particular information, and transmit Your Opinion, where and in what Manner the proposed division should be made, and also whether the Constitution of such new erected province, ought to be similar to what is at present, or may hereafter be established in Our province of Quebec, or whether the same should be similar to those established in Our other Provinces and Colonies in America: and also whether in Case such proposed division should take place, the Inhabitants of the province so to be erected, may not be supplied with European, and Other produce and Manufactures, with greater facility, and upon easier terms, by the Subjects and thro the Territories of the United States of America, than by Our Subjects, and thro Our province of Quebec, and thereby a connection and Intercourse between the Subjects of the Two countries, be unavoidably promoted and encouraged; which Information and Opinion, You are to transmit to Us thro one of our principal secretaries of state as before directed.

Endorsed; Drat of Particular Instructions

          to Sr Guy Carleton


Canadian Archives, C.O. 42, Vol. 18, p. 154.

As will be observed, this draught of special confidential instructions follows up the suggestions in the preceding document.

INSTRUCTIONS TO LORD DORCHESTER, 1786.[227]

(Copy)

GEORGE R.

[L.S.]

Instructions to Our Right Trusty and Welbeloved Guy Lord Dorchester Knight of the Most Honorable Order of the Bath — Our C. O. (Instructions Quebec 1786-1791.) Captain General and Governor in Chief in and over Our Province of Quebec in America, and of all Our Territories dependent thereupon — Given at Our Court at St. James's the 23d Day of August 1786. In the Twenty Sixth Year of Our Reign.

First....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, and all Our Territories thereunto belonging bounded and described as in Our said Commission is set forth; In execution therefore of the Trust We have reposed in You, You are to take upon You, the Administration of the Government, and to do and execute all Things belonging to your Command according to the several Powers and Authorities of Our said Commission, and these Our Instructions to You, or according to such further Powers & Instructions, as you shall at any time hereafter receive under Our Signet & Sign Manual, or by Our Order in Our Privy Council, and you are to call together at Quebec the following Persons whom We do hereby constitute and appoint to be Our Council for the Affairs of Our said Province and the Territories thereunto belonging Vizt Henry Hope Esqr Lieutenant Govr of Our said Province of Quebec, or the Lieutenant Governor of Our said Province for the time being: William Smith Esqr Our Chief Justice of Our said Province of Quebec or the Chief Justice of Our said Province for the Time being, Hugh Finlay, Thomas Dunn, Francis Les Vesques, Edward Harrison, John Collins, Adam Mabane, Chaussegros de Lery, George Pownall Secretary of Our said Province of Quebec, or the Secretary of Our said Province for the Time being, Picotté de Bellestres, John Fraser, Henry Caldwell, William Grant, Rocque St Ours Junr Francis Baby          De Longueuil, Samuel Holland and George Davison Esquires, Sir John Johnson Bart, Charles de Lanaudiere          de Boucherville & Compte du Pré Esquires, every one of which respectively shall enjoy his Office of Councillor aforesaid during Our Will and Pleasure and his residence within Our said Province of Quebec and not otherwise.

2d....It is Our further Will and Pleasure that any five of the said Council shall constitute a Board of Council for transacting all Business in which their Advice and Consent may be requisite, Acts of Legislature only excepted, (in which Case you are not to act without a Majority of a whole) you are however not to select or appoint any such Members of Our said Council by Name to the Number of five as you may think fit to transact such Business, or term any select Number of such Members by the Name of a Privy Council, but you are on every Occasion where the Attendance of the Members is necessary or required, to summon all such who may be within a convenient Distance; And It is Our further Will and Pleasure that the Members of Our said Council shall have and enjoy all the Powers, Privileges and Emoluments enjoyed by the Members of Our Councils in Our other Plantations, and also such others as are contained and directed in Our said Commission under Our Great Seal of Great Britain and in these Our Instructions to you, and that they shall meet together at such time and times, place and places as you in your Discretion shall think necessary, except when they meet for the purpose of Legislation, in which case they are to be assembled at the Town of Quebec only.

3d....And you are with all due & usual Solemnity to cause Our said Commission to be read and published at the said Meeting of Our Council, which being done, you shall then take and also administer to each of the Members of Our said Council (not being a Canadian professing the Religion of the Church of Rome) 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 & 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 altered and explained by an Act passed in the sixth year of Our Reign Intituled, "An Act for altering the Oath of Abjuration and Assurance, and for amending so much of an Act of the seventh year of Her late Majesty Queen Anne, Intituled, An Act for the Improvement of the Union of the two Kingdoms, as after the time therein limited requires the Delivery of certain Lists and Copies therein mentioned to Persons indicted of High Treason or Misprision of Treason," as also 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 King William the Third to be taken by Governors of Plantations to do their utmost that the Laws relating to the Plantations be observed.

4th....And whereas by an Act passed in the fourteenth year of Our Reign, Intituled, "An Act for making more effectual Provision for the Government of the Province of Quebec in North America" It is enacted and provided that no person professing the Religion of the Church of Rome, and residing in the said Province shall be obliged to take the Oath of Supremacy required by an Act passed in the first year of Queen Elizabeth, or any other Oaths substituted by any other Act in the place thereof, but that every such person, who by the said Statute is required to take the Oaths therein mentioned, shall be obliged and is thereby required under certain Penalties to take and subscribe an Oath in the form and Words therein prescribed and set down, It is therefore Our Will and Pleasure that you do administer to each and every Member of Our said Council, being a Canadian & professing the Religion of the Church of Rome, and cause each of them severally to take and subscribe the Oath mentioned in the said Act passed in the fourteenth Year of Our Reign, Intituled, "An Act for making more effectual Provision for the Government of the Province of Quebec in North America," and also cause them severally to take an Oath for the due Execution of their Places and Trusts and for their equal and impartial Administration of Justice.

5....And that We may be always informed of the Names and Characters of Persons fit to supply the Vacancies which may happen in Our said Council, you are from time to time to transmit to Us by one of Our principal Secretaries of State the Names and Characters of such persons, Inhabitants of Our said Province, whom you shall esteem best qualified for that Trust, and you are also to transmit a Duplicate of the said Account to the Lords of the Committee of Our Privy Council for Trade and Plantations for their Information.

6....And if it shall at any time happen that by the Death or Departure out of Our said Province of any of Our said Councillors there shall be a Vacancy in Our said Council, Our Will and Pleasure is that you signify the same to Us by one of Our principal Secretaries of State and to the Lords of the Committee of Our Privy Council for Trade and Plantations by the first Opportunity, that We may, by Warrant under Our Signet and Sign Manual and with the Advice of Our Privy Council, constitute and appoint others in their stead.

7....You are at your first calling together Our Council to communicate to them such and so many of these Our Instructions wherein their Advice and Consent are mentioned to be requisite, or which contain any Directions as to the framing of Ordinances for the Peace, Welfare and good Government of Our said Province, as likewise all such others from time to time as you shall find convenient for Our service to be imparted to them.

8....You are to permit the Members of Our said Council to have and enjoy freedom of Debate and Vote in all Affairs of publick Concern that may be debated in Council.

9....And whereas by the aforesaid Act passed in the fourteenth year of Our Reign Intituled, "An Act for making more effectual provision for the Government of the Province of Quebec in North America" It is further enacted and provided that the Council for the Affairs of the said Province to be constituted and appointed in manner therein directed, or the Major part thereof shall have power and Authority to make Ordinances for the peace, Welfare and good Government of the said Province with the Consent of Our Governor or in his Absence the Lieutenant Governor or Commander in Chief for the time being, Provided that no Ordinance shall be passed, unless upon some urgent Occasion at any Meeting of the Council, except between the first Day of January and the first Day of May, You are to take especial Care that the Directions of the said Act be duly observed and that no Ordinance be passed at any Meeting of the Council where less than a Majority is present, or at any time except between the first Day of January and the first Day of May as aforesaid, unless upon some urgent Occasion in which case every Member thereof resident at Quebec or within fifty Miles shall be personally summoned to attend the same.

10....That no Ordinance be passed for laying any Taxes or Duties, such Rates and Taxes only excepted as the Inhabitants of any Town or District may be authorized to assess, levy and apply within the said Town or District for the making of Roads, erecting & repairing of publick Buildings, or for any other purpose respecting the local Convenience and Œconomy of such Town or District.

That no Ordinance touching Religion or by which any Punishment may be inflicted greater than Fine or Imprisonment for three Months, be made to take Effect, until the same shall have received Our Approbation.

That in all Ordinances imposing Fines, Forfeitures or Penalties, express Mention be made that the same is granted or reserved to Us, Our Heirs and Successors for the publick Uses of the said Province, and the Support of the Government thereof, as by the said Ordinance shall be directed, and that a clause be inserted declaring that the Money arising by the Operation of the said Ordinance shall be accounted for unto Us in this Kingdom, and to Our Commissioners of Our Treasury for the time being, and audited by Our Auditor General of Our Plantations or his Deputy.

That no Ordinance be passed relative to the Trade Commerce, or Fisheries of the said Province, by which the Inhabitants thereof shall be put upon a more advantageous footing than any other of Our Subjects, either of this Kingdom or of the Plantations, who have retained their Allegiance.

That no Ordinance respecting private property be passed without a Clause suspending its Execution until Our Royal Will and Pleasure is known, nor without a Saving of the right of Us, Our Heirs & Successors and of all Bodies Politick and Corporate, and of all other persons, except such as are mentioned in the said Ordinance and those claiming by, from, and under them, And before such Ordinance is passed Proof must be made before you in Council and entered in the Council Books, that publick Notification was made of the Parties' Intention to apply for such Ordinance in the several Parish Churches, where the Lands in question lye for three Sundays at least successively before any such Ordinances shall be proposed, And you are to transmit and annex to the said Ordinance a Certificate under your Hand that the same passed through all the forms abovementioned.

That, except in Cases of imminent Necessity or immediate temporary Expediency, you shall not enact any Ordinance for less time than two years, and you shall not re-enact any Ordinance, to which Our Assent shall have been once refused, nor give your Assent to any Ordinance for repealing any other passed in Your Government, which shall have received Our royal Approbation, unless you take care that there be a Clause inserted therein suspending the Execution thereof until Our Pleasure shall be known, and in either case it will be your Duty to make full representation to Us by One of Our principal Secretaries of State, and to the Lords of the Committee of our Privy Council for Trade & Plantations for their Information of the reasons and Necessity which appeared to you for passing such Ordinance.

That all such Ordinances be transmitted by you within six Months after their passing, or sooner if Opportunity offers, to Us by one of Our principal Secretaries of State and Duplicates thereof to the Lords of the Committee of Our Privy Council for Trade & Plantations for their Information; That they be abstracted in the Margins and accompanied with very full and particular Observations where they may be necessary, together with fair Copies of the Journals of the proceedings of the Council, which you are to require from the Clerk of the said Council.

11....In the Consideration of what may be necessary to be provided for by Law within Our said Province, as created and established by the aforesaid Act, Intituled, "An Act for making more effectual Provision for the Government of the Province of Quebec in North America," a great Variety of important Objects hold themselves forth to the Attention of the Legislative Council.

12..The Establishment of Courts and a proper Mode of administering Civil and Criminal Justice throughout the whole Extent of Our Province according to the Principles declared in the said Act for making more effectual provision for the Government thereof demand the greatest Care and Circumspection, for as on the one Hand it is Our gracious purpose, conformable to the Spirit and Intention of the said Act of Parliament, that Our Canadian Subjects should have the Benefit and Use of their own Laws, Usages and Customs in all Controversies respecting Titles of Land, and the Tenure, Descent, Alienation, Incumbrances and Settlements of real Estates and the Distribution of personal property of Persons dying intestate, so on the other hand it will be the Duty of the Legislative Council to consider well in framing such Ordinances, as may be necessary for the Establishment of Courts of Justice, and for the better Administration of Justice, whether the Laws of England may not be, if not altogether, at least in part the Rule for the Decision in all Cases of personal Actions grounded upon Debts, Promises, Contracts and Agreements, whether of a Mercantile or other Nature, and also of Wrongs proper to be compensated in Damages, and more especially where Our Natural born Subjects of Great Britain, Ireland, or other Plantations residing at Quebec, or who may resort thither or have Credit or Property within the same, may happen to be either Plaintiff or Defendant in any Civil Suit of such a Nature.

13....Whereas an Ordinance hath been passed in Our Province of Quebec, Intituled, "An Ordinance for securing the Liberty of the Subject and for the prevention of Imprisonments out of this Province," It is Our Will and Pleasure that you do take effectual Care that the said Ordinance be duly enforced, so that every Security to personal Liberty, which is thereby provided for, may be fully enjoyed by Our Subjects in that Province.

14....Whereas, in pursuance of Our former Instructions to Our Governors and Commanders in Chief, Courts of Justice have been established within Our province of Quebec, It is Our Will and Pleasure that you do take due care that in all Cases whatever the Powers and Authorities granted by Us, or by any Ordinance confirmed by Us, to the said several Courts be duly observed and enforced, and that the Proceedings therein be in all things conformable to the said Act of Parliament "for making more effectual provision for the Government of the Province of Quebec," and to such Ordinances as may have been or hereafter may be enacted by the Legislature for those purposes; And that the Governor and Council (of which in the Absence of the Governor and Lieutenant Governor the Chief Justice is to be President) shall continue to be a Court of Civil Jurisdiction for the hearing and determining of all Appeals from the Judgment of the other Courts, where the Matter in dispute is above the Value of ten Pounds; That any five of the said Council (if no more shall upon Summons be present) with the Governor, Lieutenant Governor or Chief Justice shall constitute a Court for that purpose, and that their Judgment shall be final in all Cases not exceeding the Value of five hundred Pounds Sterling; In which Cases an Appeal from their Judgment is to be admitted to Us in Our Privy Council; It is however Our Will and Pleasure that no Appeal be allowed unless Security be first duly given by the Appellant that he will effectually prosecute the same, and answer the Condemn