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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

The Introduction makes the following statement:

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

Selected and Edited with Notes by

Printed by Order of Parliament

PART II

CARLETON TO DARTMOUTH.^[1]

Quebec 23^d Sept^r 1774.

My Lord!

I take the first Opportunity that offers of acquainting your Lordship with my Arrival here the 18^th 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 — 

*     *     *     *     *     *     *

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 10^th and 52^nd 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 26^th 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 10^th and 52^d 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.

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 10^th and 52^nd 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.

DARTMOUTH TO CARLETON.^[5]

Whitehall 10^th Dec^r 1774

Governor Carleton

Sir,

I have received your Dispatch of the 23^d of Sept^r 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 Gov^r 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 &c^a

DARTMOUTH.

CARLETON TO DARTMOUTH.^[8]

(N^o. 3.)

Quebec 11^th 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.

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.

Quebec 12^th November 1774.

(Original)

Rec^d, 22^d January 1775.

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."

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."

INSTRUCTIONS TO GOVERNOR CARLETON, 1775.^[19]

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, — S^t Ours, Picodyde Contrecoeur, Our Secretary of Our said Province for the time being, George Alsopp, — De La Naudiére, La Corne S^t 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, S^t 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, Lieut^t 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 13^th 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 S^t 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 S^t 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 7^th 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,

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.

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.

B.

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

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 S^t 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.

2^d 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.

3^d 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, Viz^t 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 Commission^rs 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 y^e 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 Commiss^rs 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 &c^a" 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 paym^t 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 Governm^t 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.

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.

[L.S.]

George R.

Additional Instructions to Our Trusty & welbeloved Guy Carleton Esq^r 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 S^t 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 S^t 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 Esq^r or to his lawful Attorney, for & during Our Will & Pleasure, the further Sum of One Hundred Eighty two Pounds ten Shill^s 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 Esq^r 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 S^t 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 S^t James's, the 3^d 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]

Whereas by an Act of Parliament passed at Westminster in the 14^th 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.

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 &c^a That the Province of Quebec as limited & bounded by the said Act of the 14^th 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 S^t 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 S^t Lawrence nearly opposite the River S^t 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 &c^a 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 &c^a 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 2^d or 3^d 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 obtain^g 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, Lieu^t 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.

*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 Gov^r & 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 &c^a 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 &c^a 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 Lieuten^t 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:

Dra^t of Ordinance for establishing Courts of Justice in the Province of Quebec.

CARLETON TO GAGE.^[28]

(Secret) (Copy)

Quebec 4^th Feby. 1775.

Sir

As this goes by Lt. Cleveland of the 7^th, I will venture to be more explicit about what you mention of the Canadians and Indians in your Letter^[29] of the 25^th Dec^r 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 W^m 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

In Lieut. Governor Cramahé's Letter of the 9^th Nov^r

DARTMOUTH TO CARLETON.^[32]

Whitehall 7^th June 1775.

Governor Carleton

Sir,

I have rec^d your Dispatch of the 13^th of March,^[33] N^o 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 Gov^t, 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 Gov^t 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.

CARLETON TO DARTMOUTH.^[35]

Montreal 7^th June 1775.

My Lord! The 19^th 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 7^th 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 18^th, surprised the Detatchment of the 26^th 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 26^th 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 18^th and 19^th, 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 26^th 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 M^r. 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.

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.

CRAMAHÉ TO DARTMOUTH.^[37]

Quebec 21^st Sep^r 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 7^th 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 15^th of April, or from General Gage since the 3^rd of July last.

CHIEF JUSTICE HEY TO THE LORD CHANCELLOR.^[39]

Quebec Aug. y^e 28^th 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

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.

Sept^r 11^th

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.

Sep^r 17^th. 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. 20^th Sep^r 11 & 17^th communicated by his Lordship 12^th Novemb^r 1775.

COMMISSION FOR A COURT OF APPEALS^[41]

Quebec, 1^st 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, &c^a. &c^a. &c^a. General and Commander in Chief of our Forces in our said Province and the Frontiers thereof, &c^a. &c^a. &c^a. 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.

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

COMMISSION FOR COURT OF CIVIL JURISDICTION.^[42]

23^rd July 1776.

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, &c^a &c^a &c^a General and Commander in Chief of our Forces in our said Province and the Frontiers thereof, &c.^a &c^a. &c^a.

(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

CARLETON TO GERMAIN.^[43]

Chambli 28^th Sept^r 1776.

My Lord

I have received Your Lordships letter of the 21^st 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.

Lord George Germain

CARLETON TO GERMAIN.^[50]

Quebec 9^th May 1777

My Lord!

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

*     *     *     *     *     *     *

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.

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

(Copy.)

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,

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 S^t Maurice on the North side of the River S^t Lawrence.

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.

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.

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.

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 1^st 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 1^st 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.

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 1^st 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.

Art 8. All Actions instituted in any of the Courts of Civil Jurisdiction subsisting in the Province before the 1^st of May 1775, or in those established since the 1^st 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 S^t Louis, in the City of Quebec, the 25^th 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

(Copy)

Cap. II.

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

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

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.

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.

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.

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 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]

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 S^t 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

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.

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.

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.

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.

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.

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.

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.

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.

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 S^t 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.

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

Art. 1^st

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. 2^nd

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. 3^rd

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. 4^th

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. 5^th

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. 6^th

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. 7^th

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. 8^th

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. 9^th

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.

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.

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 S^t 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, Viz^t Hector Theophilus Cramahé Esq^r Our Lieutenant Governor of Our said Province, or Our Lieutenant Governor of Our said Province for the time being, Peter Livius Esq^r 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 Esq^r Our Secretary of Our said Province, or Our Secretary of Our said Province for the time being, George Alsopp, La Corne S^t Luc, Alexander Johnston, Conrad Gugy, Picotté de Belestres, John Fraser, Henry Caldwell, John Drummond, William Grant, Rocque S^t Ours Junior, Francis Baby, &           De Longueuil Esq^rs[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. — 

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 Esq^r Governor of Quebec Dated 15^th April 1777. (1778).

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

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

Whitehall, March 2^nd 1779.

In obedience to your Majesty's Commands, we have taken into our consideration the humble Memorial of Peter Livius Esq^r. 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 M^r 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 M^r 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 M^r 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 M^r 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 23^rd of March last, and were prorogued by his order on the 25^th 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.

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 M^r Finley, joint Post Master of America, and M^r 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 M^r Caldwell, one of the said Council, and rejected by a Majority, it is stated by M^r 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 M^r 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 8^th of April in the following words, viz.

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 7^th 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 10^th, 11^th, 12^th and 13^th 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 23^d 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 14^th 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 8^th 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 8^th 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 8^th 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 M^r 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 M^r 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,

[L.S.]

George R

Additional Instruction to Our Trusty & Welbeloved Frederick Haldimand Esq^r 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 S^t 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.

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 S^t 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.

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 S^t 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.

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

The question now is,

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.

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.

OPINION OF GEO. ALLSOPP.^[95]

M^r 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 S^t James's the 16^th 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 s^d 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.

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

The Address of the Legislative Council in Council assembled.

The Legislative Council having taken into Consideration His Majesty's royal Instruction of the 16^th 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 14^th and 15^th 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.

HALDIMAND TO GERMAIN.^[102]

Quebec 25^th October 1780.

Lord Ge^o 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 Mess^rs 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 shillg^s 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 27^th 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 Mess^rs Finlay, Dunn, Cuthbert Harrison, Alsop, S^t 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 — Mess^rs Cramaché, Finl[a]y, Dunn, Cuthbert, L'Eveque, Collins, Pownall, Alsop, De Lery, Harrison & Grant being against fixing the price — Mess^rs Mabane, S^t Luc, Bellestre, Gugy, Fraser, Caldwell, S^t. 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 M^r 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 S^t. 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 Mess^rs 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 VI^th 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 Gov^r 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 Mess^rs 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 ag^t 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 16^th of July 1779, which the Lieu^t Gov^r by my order communicated on the 28^th 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 L^t. Gov^r 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 16^th 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 7^th 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 Mess^rs 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 Mess^rs 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 12^th, 13^th & 16^th 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

THE LORDS OF TRADE AND PLANTATIONS TO HALDIMAND^[135]

Quebec

Frederick Haldimand Esquire, Governor of Quebec.

Sir, We have had under our consideration the Duplicate of your Letter to Lord George Germain, dated the 25^th 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.

1^st 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.

2^dly The Ordinance for the Regulation of Fees.

3^dly 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 M^r 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.

Ex^d

ORDINANCE RE PROCEEDINGS OF COURTS.^[140]

(Copy)

Anno Vicesimo Tertio Georgii III. Regis.

Chap. I.

An Ordinance for further continuing an Ordinance made the 25^th 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.

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 S^t 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.

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.

ADDITIONAL INSTRUCTIONS TO HALDIMAND.^[146]

[L. S.]

George R.

Additional Instruction to Our Trusty and Welbeloved Frederick Haldimand Esq^r 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 S^t James's the 16^th 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, Viz^t "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.

[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 S^t James's the Twenty Sixth Day of May 1785 In the 25^th 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 24^th 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 8^th 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.

[L.S.]

George R.

Additional Instruction To Our Trusty and Welbeloved Frederick Haldimand Esq^r 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 29^th of June and 21^st July 1785, are directed to be granted to John Shoolbred of London Merchant and Mess^rs 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.

HALDIMAND TO NORTH.^[155]

Private

Quebec October 24^th 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 14^th 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 Brigad^r 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 p^r 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.

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

HALDIMAND TO NORTH.^[157]

Quebec 6^th 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

FINLAY TO NEPEAN.^[160]

Quebec 22^d 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 13^th 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 S^t. 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

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 7^th 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.

1^st 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]

2^d 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 11^th Article; And that they serve as Councellors, without Fee or Reward.

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

4^th 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 10^th Section of the Quebec Bill.

5^th 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.

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

7^th 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 4^th Article.

8^th 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.

9^th 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.

10^th 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.

11^th 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.

12^th 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 9^th 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.

13^th 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.

14^th 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]

District of Montreal

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.

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 24^th July 1789