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Full text of "(Sessional Paper No. 18, 6-7 Edward VII, Rev. Ed.) Second Annual Report of the Historical Documents Publication Board, together with accompanying printed volumes, being the second edition, revised and enlarged, of the first volume of the Constitutional Documents relating to Canada 1759-1791, now issued in two parts. Part II."

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6-7  EDWARD  VII. 


SESSIONAL  PAPER  No.  18 


A.  1907 


CANADIAN  ARCHIVES 

DOCUMENTS 

RELATING  TO 

THE  CONSTITUTIONAL  HISTORY 

OF  CANADA 

1759-1791 


Selected  and  Edited  with  Notes  by 

ADAM  SHORTT 

AND 

ARTHUR  G.  DOUGHTY 


Printed  by  Order  of  Parliament 


SECOND  AND  REVISED  EDITION  BY 
THE  HISTORICAL  DOCUMENTS  PUBLICATION  BOARD 

PART  II 


OTTAWA 

PRINTED  BY  J.  de  L.  TACH&  PRINTER  TO  THE  KING'S  MOS1 
EXCELLENT  MAJESTY 


1918 


6-7  EDWARD  VII. 


SESSIONAL  PAPER  No.  18 


A.  1907 


THE  HISTORICAL  DOCUMENTS 
PUBLICATION  BOARD 


ADAM  SHORTT,  Chairman 
ARTHUR  G.  DOUGHTY,  Dominion  Archivist 
HON.  THOMAS  CHAPAIS,  Legislative  Council , Que. 

PROF.  CHARLES  W.  COLBY,  McGill  University 
PROF  GEORGE  M.  WRONG,  University  of  Toronto 


' 0 1 ilHH  H I I 


CONSTITUTIONAL  DOCUMENTS 


583 


SESSIONAL  PAPER  No.  18 

CARLETON  TO  DARTMOUTH.1 

(N°.  1.) 

Duplicate.  Quebec  23d  Septr  1774. 

My  Lord  ! 

I take  the  first  Opportunity  that  offers  of  acquainting  your  Lordship 
with  my  Arrival  here  the  18th  instant,  where  I have  had  the  Satisfaction  of 
finding  His  Majesty’s  Canadian  Subjects  impressed  with  the  strongest 
sense  of  The  King’s  great  Goodness  towards  them  in  the  late  Act  of  Regu- 
lation for  the  Government  of  this  Province;  All  Ranks  of  People  amongst 
* them  vied  with  each  other  in  testifying  their  Gratitude  and  Respect,  and 
the  Desire  they  have  by  every  Mark  of  Duty  and  Submission  to  prove 

themselves  not  undeserving  of  the  Treatment  they  have  met  with — 

* * * * ***** 

I am  with  much  Esteem  and  Respect 
Your  Lordship’s 

Most  Obedient  and 
Most  Humble  Servant 

GUY  CARLETON 

Earl  of  Dartmouth 

One  of  His  Majesty’s 

Principal  Secretaries  of  State. 

EXTRACT  OF  A LETTER  FROM  GENERAL  GAGE  TO  GENERAL 
CARLETON  DATED  BOSTON  SEPTr.  4th,  1774.2 

“The  present  Situation  of  Affairs  in  this  Province  obliges  me  to  collect 
“all  the  Force  in  my  Power  ; I have  therefore  sent  Transports  for  the  10th 
“and  52d  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  appre- 
hended from  without.  If  therefore  you  think  the  Fusileers  at  Quebec,  and 
“the  Part  of  the  26th  at  Montreal,  with  small  Detachments  from  them  at 
“Trois  Rivieres  and  Chambli,  can  preserve  Peace  and  good  Order  in  the 
“Province,  I am  to  beg  you  will  order  the  10th  and  52d  Regiments  to  embark 
“without  Delay  on  board  the  Transports,  for  you  will  think  with  me  they 
“will  have  no  Time  to  spare  in  coming  down  the  River  St.  Laurence. 

“As  I must  look  forward  to  the  worst,  from  the  apparent  Disposition 
“of  the  People  here,  I am  to  ask  your  Opinion,  whether  a Body  of  Canadians 

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

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


584 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

“and  Indians  might  be  collected,  and  confided  in,  for  the  Service  in  this 
“Country,  should  matters  come  to  Extremities  ; and  on  what  Plan,  and 
“what  Measures  would  be  most  efficacious  to  raise  them,  and  for  them  to 
“form  a Junction  with  the  King’s  Forces  in  this  Province  ?” 

G.C. 

Endorsed  : — Extract  of  a Letter  from 

General  Gage  to  General 
Carleton  dated  Boston  Septr 
4th  1774. 

In  Governor  Carleton’s 
of  the  23  rd  Septr  N°  1 


EXTRACT  OF  GENERAL  CARLETON’S  ANSWER  TO  GENL  GAGE 

DATED  QUEBEC  20th  SEPTr  1774.1 

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

“The  Canadians  have  testified  to  me  the  strongest  marks  of  Joy,  and 
“Gratitude,  and  Fidelity  to  the  King,  and  to  His  Government,  for  the  late 
“Arrangements  made  at  Home  in  their  Favor  ; a Canadian  Regiment  would 
“compleat  their  Happiness,  which  in  Time  of  Need  might  be  augmented  to 
“two,  three,  or  more  Battalions,  tho’  for  the  Satisfaction  of  the  Province, 
“and  ’till  the  Kings  Service  might  require  more,  one  would  be  sufficient,  and 
“I  am  convinced  their  Fidelity  and  Zeal  might  be  depended  on;  should  this 
“Measure  be  at  length  adopted  (which  I have  long  since  Recommended)2 
“’tis  essentially  necessary  their  Appointments  should  be  the  same  as  the  rest 
“of  the  Infantry,  with  half  pay,  in  Case  they  should  be  reduced  ; the 
“Savages  of  this  Province,  I hear,  are  in  very  good  Humor,  a Canadian 
“Battalion  would  be  a great  Motive,  and  go  far  to  influence  them,  but  you 
“know  what  sort  of  People  they  are” — 

G.  C. 

Endorsed  : — Extract  of  General  Carleton’s 
Answer  to  General  Gage 
dated  Quebec  20th  Septr  1774. 

In  Governor  Carleton’s 
of  the  23d  Sepr.  N°  1 


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

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


CONSTITUTIONAL  DOCUMENTS 


585 


SESSIONAL  PAPER  No.  18 

DARTMOUTH  TO  CARLETON.1 


Whitehall  10th  Decr  1774 

Governor  Carleton 
Sir, 

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

As  you  are  silent  as  to  the  Sentiments  of  His  Majesty’s  Natural  born 
Subjects  in  Canada  respecting  the  late  Act,  I am  not  at  liberty  to  conclude 
that  they  entertain  the  same  opinion  of  it,  but  the  King  trusts  that  when  the 
Provisions  of  it  have  taken  place  and  His  Majesty’s  gracious  Intentions 
with  respect  to  the  Plan  of  Judicature2 * * * &  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  ot  the  Cana- 
dians, but  in  the  opening  to  the  British  Merchant,  by  an  Extension  of  the  Pro- 
vince, 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 


1 Canadian  Archives,  Q 10,  p.  125. 

2 It  was  intended  to  furnish  an  ordinance  for  the  establishment  of  courts  in  Canada 

and  send  it  out  to  be  enacted  by  the  Council.  Two  plans  were  proposed,  as  we  learn  from 

a paragraph  in  Under  Secretary  Pownall’s  note  to  Lord  Dartmouth  of  July  17th,  1774.  “I 
have  also  conversed  with  Mr.  Hey  on  the  Plan  of  judicature  for  Quebec  he  thinks  my  plan  will 
do  as  well  as  his  I am  convinced  his  ought  to  be  preferred;  we  both  agree  that  anything  that 
falls  short  of,  goes  beyond,  or  halts  between  either  will  be  improper.”  M 385,  p.  425.  Of  these 
only  the  one  by  Hey  appears  to  have  been  actually  drawn  out,  as  we  learn  from  Hey’s  letter  to 
Dartmouth.  “My  Lord — I did  myself  the  honour  to  call  at  your  Lordships  house  with  the 

draught  of  an  Ordinance  for  establishing  Courts  of  Justice  at  Quebec,  and  thro’out  the  Province, 
which  I most  sincerely  wish  may  have  the  good  fortune  to  be  better  thought  of  by  your  Lordship 
than  I will  freely  confess  it  is  by  the  author  of  it — without  any  affectation  of  modesty  which 
appears  to  me  as  bad  as  any  other  sort  of  affectation,  I must  own  it  is  a work  beyond  my  abilities 

& somehow  or  other  I have  had  the  ill  luck  to  have  had  very  little  assistance  in  it  except  from 
Mr.  Jackson  indeed  not  any.  & He  is  at  present  much  taken  up  with  the  business  of  the  Court  of 
Chancery.”  M 385,  p.  490.  The  draught  of  an  ordinance  here  referred  to,  is  the  one  given  in 
the  same  volume,  at  p.  373,  and  endorsed,  “Epitome  of  a proposed  Ordinance  for  establishing 
Courts  of  Justice  in  the  Province  of  Quebec.”  The  complete  ordinance  as  drawn  is  given 
below,  p.  637. 


586 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

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.1 

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  Arrange- 
ments which  are  to  be  made  ; but  as  that  cannot  be,  I propose  to  send  them 
to  you  by  the  next  New  York  Packet  under  cover  to  Lieut.  Govr  Colden, 
with  Directions  to  him  to  see  them  conveyed  to  you  from  New  York  by  a 
proper  Messenger  and  with  all  possible  Dispatch. 

I am  &ca 

DARTMOUTH. 

Endorsed  : — Dra1  to  Govr  Carleton 

10th  December  1774 

CARLETON  TO  DARTMOUTH.2 

(N°.  3.) 

Quebec  11th  November  1774. 

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

The  most  respectable  part  of  the  English  residing  at  this  Place,  not- 
withstanding 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  con- 
tinue 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  adopt- 
ed 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  ; 


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

2 Canadian  Archives,  Q 11,  p.  11. 


CONSTITUTIONAL  DOCUMENTS 


587 


SESSIONAL  PAPER  No.  18 

Certain  it  is  however,  that  shortly  after  the  said  Congress  had  published  in 
all  the  American  Papers  their  approbation  of  the  Suffolk  County  Resolves1 
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,2  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,3  to  some  of  the  Merchants  in  the  City,  and  to  Mr.  Maseres, 
for  having  taken  the  Province  under  their  Protection,  and  praying  a Continu- 
ance of  their  zealous  Endeavours  in  so  good  a Cause  ; they  intend  a hand- 
some 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,4  but  of  all  this  I speak  doubtfully,  as  they 
have  taken  uncommon  Pains  to  keep  their  whole  Proceedings  from  my 
knowledge. 

1 These  were  adopted  on  Sept.  9th,  1774. 

2 The  chief  documents  dealing  with  the  Walker  outrage  are  given  in  the  “Report  on  Can- 
adian Archives,”  for  1888,  p.  1. 

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

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


588 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

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

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

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

I am  with  much  Esteem  and  Respect 

Your  Lordship’s 
Most  Obedient  and 
Most  Humble  Servant 

GUY  CARLETON 

Earl  of  Dartmouth 

One  of  His  Majesty’s 

Principal  Secretaries  of  State. 


CONSTITUTIONAL  DOCUMENTS 


589 


SESSIONAL  PAPER  No.  18 

PETITIONS  FOR  THE  REPEAL  OF  THE  QUEBEC  ACT.1 

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  Proclam- 
ation 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  Fran- 
chises 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. 


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


590 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 


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


And  your  Petitioners  as  in  Duty  bound 


Will  ever  Pray.1 

Quebec  12th  November  1774. 

[Zachary  Macaulay 

Edwd  Manwaring 

Davd  Salesby  Franks 

Ijohn  Aitkin 

Michael  Flanagan 

John  Richardson.  Junr 

(J  4-  1 

CD  -M 

C',  • «— ' 

jn°  Paterson 

J.  Melvin 

James  Leach 

% | \ Randle  Meredith 

Geo.  Munro 

Ezekiel  Solomons 

& o |john  Lees 

Jas  Hanna 

James  Perry 

U j John  Welles 

Joseph  Torrey 

J.  Beek 

IS.  Fargues 

Tho8  Walker,  junr 

Law’rence  Ermatinger 

John  McCord 

Jas  Dyer  White 

Simon  McTavish 

Chas.  Grant 

Jno  Bell 

J.  Pullman 

Robert  Woolsey 

Andrew  M’Gill 

James  Frazer 

Nicholas  Bayard 

Sam:  Holmes 

G.  Young 

John  Painter 

James  Blake 

Willm  Ashby 

Thomas  McCord 

James  Noel 

Gavin  Laurie 

Henry  Grebassa 

Thomas  McMurray 

Phill.  Brickman 

Robt.  Willcocks 

Allan  Paterson 

Benj.  Holborn 

John  Renaud 

James  Symington 

Joseph  Borrel 

Christy  Cramer 

Abram  Holmes 

John  Connolly 

Geo:  Gregory 

John  Neagle 

John  Durocher 

Lewis  Chaperon 

Peter  Arnoldi 

B.  Janis 

Frederick  Petry 

Dan1  Robertson 

J.  Joran 

James  Cuming 

Alexr  Milmine 

Jacob  Maurer 

William  Laing 

Tho8  Fraser 

Simon  Levy 

George  Jenkins 

A.  Porteous 

Edward  Chinn 

Francis  Smith 

Joseph  Ingo 

Richd  McNeall 

Alexander  Wallace 

Adam  Scott 

Robt.  Cruickshanks 

Ja8  Finlay 

John  Comfort 

Thomas  Walker 

Pat  McClement 

Adam  Wentsel 

_ <D 

m £ 

James  Price 

Wra  Pantree 

Allan  McFarlain 

Si  .t: 
±2  p J 

John  Blake 

Jacob  Bittez 

Jacob  Vander  Heyden 

c c s 

© E 

Isaac  Todd 

Leach  Smith 

Hinrick  Gonnerman 

S o 
U 

Alexr  Paterson 

John  Saul 

John  Hare,  Junr 

jn°  Porteous 

Francis  Anderson 

Geo.  Wright  Knowles 

Rich’d  Dobie 

Simon  Fraser 

Benjn  Frobisher 

Geo.  Measam 

John  Ross 

Wm  Murray 

Sam1  Jacobs 

John  McCluer 

Ja8  Anderson 

Nicholas  Brown 

James  Woods 

John  Trotter 

Michl.  Morin 

John  Lees 

Christ.  Chron 

William  Kay 

Lemuel  Bowles 

Willm  England 

John  Lilly 

Thomas  Davidson 

Meshach  Leeng 

1The  spelling  of  the  names  has  been  revised  from  the  lists  as  given  in  "An  Account  of  the 
Proceedings,’’  &c.,  pp.  241,  248,  258. 


CONSTITUTIONAL  DOCUMENTS 


591 


SESSIONAL  PAPER  No.  18 


John  Sunderland 
J.  Grant 
James  Morrison 
Jas  Sinclair 
John  Chisholm 
James  Jeffry 
Robt.  McFie 
Francis  Atkinson 
David  Shoolbred 
Jonas  Clarke  Minot 
Godfrey  King 
George  Davison 
George  King 
John  Lynd 
Caleb  Thorne 
John  Lees,  junr 
Robt.  Jackson 
Hugh  Ritchie 
Alexander  Lawson 
Charles  Dailey 
Lazarus  David 
D.  Bouthillier 
Richd  Walker 
(Original) 


Patrick  O'Donell 
Archd  Lawford 
Simon  Fraser  Junr 
Richd  Vincent 
Daniel  Cameron 
James  Galbraith 
Roderick  McLeod 
John  White  Swift 
John  Bondfield 
Will:  Callander 
Dad  Geddes 
Sam1 *  Morrison 
John  Thomson 
Alexander  Hay 
Ja8  Doig 
Joseph  Bindon 
Andrew  Hays 
Geo : Singleton 
Jno  Stonhouse 
John  Kay 
Josiah  Bleakley 
Aaron  Hart 
Levy  Solomons 

Recd,  22d  January  1775. 


Thomas  Boyd 
John  Mittleberger 
Solomon  Mittleberger 
Isaac  Judah 
Peter  Mcfarlane 
Ja8  May 
Jacob  Schieffelin 
Benaiah  Gibb 
John  George  Walk 
Michael  Phillips 
C.  Dumoulin 
Francois  Dumoulin 
Duncan  Cumming 
William  Haywood 
Johan  Nikal 
Sein  Mann 
Robt.  McCay 
Charles  Le  Mardert 
James  Robinson 
Jean  Bernard 
Alexr  Fraser 
Malcolm  ffraser 
John  McCord  Junr 
Henry  Dunn 


PETITIONS  TO  THE  LORDS.1 
"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  impri- 
sonment, 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 

1 “An  Account  of  the  Proceedings.”  &c.,  p.  246.  This  bears  the  same  signatures  as  the  peti- 

tion to  the  King. 


592 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

“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,  privi- 
leges 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.1 

“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  therealm  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  consider- 
able 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  pro- 
vince, 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 

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


CONSTITUTIONAL  DOCUMENTS 


593 


SESSIONAL  PAPER  No.  18 

“hundred  and  seventy- three;1  humbly  praying,  that  he  would  be  graciously 
“pleased  to  require  his  governour  or  commander  in  chief  to  call  a general  assem- 
bly, 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  exaggerat- 
ed, 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  petition2 
“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 

1 See  p.  495. 

2 See  p.  554. 


594 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

“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,  1775.1 
George  R. 

[L.S.] 

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

First,  With  theseOur  Instructions  you  will  receive  Our  Commission  under 
Our  Great  Seal  of  Great  Britain,  constituting  you  Our  Captain  General 


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

“Quebec— Habeas  Corpus  writ  (13). 

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

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

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

“Prot.  Tythes  to  be  paid  to  Recr  Gen1  for  support  of  Protestant  Clergy.  (21.  sec.  5). 

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

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

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

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

“All  which  is  most  humblv  submitted,  Whitshed  Keene,  C.  F.  Greville,  Soame  Jenvns,  W. 
Joliffe.”  Q 18  B.,  p.  108. 

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


CONSTITUTIONAL  DOCUMENTS 


595 


SESSIONAL  PAPER  No.  18 

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  Com- 
mand according  to  the  several  Powers  and  Authorities  of  our  said  Com- 
mission 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  Cramahe 
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, — S1  Ours,  Picodyde  Contrecoeur,  Our  Secretary 
of  Our  said  Province  for  the  time  being,  George  Alsopp, — De  La  Naudiere, 
La  Corne  S*  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 


596 


CANADIAN  ARCH  I VES 


6-7  EDWARD  VII.,  A.  1907 

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  Prin- 
cipal Secretaries  of  State,  the  names  and  Characters  of  such  persons,  Inhabi- 


CONSTITUTIONAL  DOCUMENTS 


597 


SESSIONAL  PAPER  No.  18 

tants  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  Com- 
mander 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.  *(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  Arrange- 
ments 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  Legis- 
lative 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.)* 1 

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 

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

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


598 


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6-7  EDWARD  VII.,  A.  1907 

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  Notifi- 
cation 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 


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SESSIONAL  PAPER  No.  18 

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  Obser- 
vations 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  afore- 
said 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  Legis- 
lative 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  Parlia- 
ment, 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.1 

1 This  and  the  following  article  with  reference  to  the  writ  of  Habeas  Corpus,  form  the  first 
step  in  that  piecemeal  process  of  impairing  the  complete  restoration  of  the  French  Canadian 
civil  law  granted  by  the  Quebec  Act,  particularly  the  8th  clause  of  it.  As  may  be  seen  from 
several  subsequent  documents,  this  was  the  basis  of  continued  conflict  in  the  Council  and  in 
the  Courts  until  1791,  when  the  controversy  took  another  turn.  In  a document  in  the  Dart- 
mouth Papers,  endorsed  “Extract  fiom  the  Instructions  to  the  Governor  of  Quebec,  so  far  as 
relates  to  the  Establishment  of  Courts  of  Law,”  this  clause  appears  in  the  following  form: — 
“The  Legislative  Council  are  to  frame  the  Ordinances  for  the  Establishment  of  Courts  of  Justice, 


600 


CANADIAN  A RCHI VES 


6-7  EDWARD  VII.,  A.  1907 

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,1 
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  Judge- 
ment must  in  many  Respects  at  least  be  altogether  guided  by  Circum- 
stances 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  whatso- 
ever, 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  afore- 
said Act  of  Parliament  “for  making  more  effectual  Provision  for  the  Govern- 
“ment  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 

ai.d  for  the  administration  of  Justice,  so  as  that  the  Laws  of  England,  if  not  altogether,  may  be 
as  nearly  as  possible  the  Rule  of  Decision  in  all  personal  Actions,  grounded  upon  Debts,  Con- 
tracts, &c.,  and  especially  where  the  natural-born  subjects  are  concerned.”  M 385,  p.  485. 

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


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601 


SESSIONAL  PAPER  No.  18 

Illinois,  S*  Vincenne,  Detroit,  Missilimakinac,  and  Gaspee,  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  neces- 
sary ; 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  Presi- 
dent,) 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*  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  demand- 
ing 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 


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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.* 1* 

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  through- 
out 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  indispen- 
sable 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, 

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

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


CONSTITUTIONAL  DOCUMENTS 


603 


SESSIONAL  PAPER  No.  18 

First,  that  all  Appeals  to,  or  correspondence  with  any  foreign  ecclesias- 
tical 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  ot  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 Protes- 
tant 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 


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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  Con- 
viction for  criminal  Offences,  or  upon  due  proof  of  seditious  Attempts  to 
disturb  the  Peace  and  Tranquillity  of  Our  Government,  to  be  deprived, 
or  suspended  by  you  with  the  Advice  and  Consent  of  a Majority  of  Our 
said  Council. 

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

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

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

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


CONSTITUTIONAL  DOCUMENTS 


605 


SESSIONAL  PAPER  No.  18 

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  with- 
drawn by  degrees,  and  at  such  times  and  in  such  manner,  as  shall  be  satis- 
factory 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 Protes- 
tant Minister  be  upon  the  Spot. 

22.  You  are  at  all  times  and  upon  all  occasions  to  give  every  Counte- 
nance and  Protection  in  your  Power  to  such  Protestant  Ministers,  and  School 
Masters,  as  are  already  established  within  Our  said  Province,  or  may  here- 
after 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  Pro- 
testants 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  adminis- 
tered. 

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 


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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  Counten- 
ance 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,  estab- 
lished 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*  Lawrence,  and  on  the  Labrador  Coast  on  the  other  hand, 
point  to  Regulations,  that  require  deliberation  and  despatch. 


CONSTITUTIONAL  DOCUMENTS 


607 


SESSIONAL  PAPER  No.  18 

31.  The  institution  of  inferior  Judicatures  with  limited  Jurisdiction 
in  Criminal  and  Civil  Matters  for  the  Illinois,  Poste  S*  Vincenne,  the 
Detroit,  Missilimakinac,  and  Gaspee  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  pro- 
posed. 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,1  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  impracti- 
cable. 

36.  On  all  such  parts  of  the  Coast,  where  there  are  no  Canadian  Pos- 
sessions, and  more  especially  where  a valuable  Cod  Fishery  may  be  carried 


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


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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  Labra- 
dor, 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  coun- 
tenance 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  J udicial  pow- 
ers, 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. 


CONSTITUTIONAL  DOCUMENTS 


609 


SESSIONAL  PAPER  No.  18 

40.  And  whereas  it  appears  from  the  Representation  of  Our  late  Gove- 
nor  of  the  District  of  Trois  Rivieres  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  Law- 
rence, 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  Plan- 
tations 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  Regu- 
lations therein,  with  the  advice  of  Our  said  Council,  as  may  be  most  accept- 
able 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  pre- 
judicial 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 


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6-7  EDWARD  VII.,  A.  1907 

f 

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  Gover- 
nor 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 Com- 
mission, 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  Com- 
manders of  all  such  Ships,  to  which  you  shall  grant  Commissions,  to  wear 
no  other  Colours,  than  such  as  are  described  in  an  Order  of  Council  of  the 
7th  of  January  1730,  in  relation  to  Colours  to  be  worn  by  all  Ships  and 
Vessels,  except  Our  Ships  of  War. 

47.  And  whereas  there  have  been  great  Irregularities  in  the  manner  of 
granting  Commissions  in  the  Plantations  to  private  Ships  of  War,  you  are 
to  govern  yourself,  whenever  there  shall  be  occasion,  according  to  the  Com- 
missions 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  Planta- 
tions 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 


CONSTITUTIONAL  DOCUMENTS 


611 


SESSIONAL  PAPER  No.  18 

in  time  of  War,  whenever  that  shall  happen,  in  giving  any  accounts  by  Let- 
ters of  the  public  State  and  Conditions  of  Our  Province  under  your  Govern- 
ment; 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  Forti- 
fications 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  privatepersons,  together  with  the  State  of  all 
places  either  already  fortified,  or  thatyou  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  Dupli- 
cates thereof  to  Our  Commissioners  for  Trade  and  Plantations,  for  their 
information,  and  also  a Duplicate  thereof  to  Our  Master  General,  or  princi- 
pal Officers  of  Our  Ordinance,  which  accounts  are  to  express  the  particulars 
of  Ordinance,  Carriages,  Balls,  Powder,  and  other  sorts  of  Arms  and  Am- 
munition 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 


612 


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6-7  EDWARD  VII.,  A.  1907 

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  dis- 
orderly 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  wfithin  Our  said  Province  of  Que- 
bec, 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, 


CONSTITUTIONAL  DOCUMENTS 


613 


SESSIONAL  PAPER  No.  18 


To  the  Governor  p Annum 

To  the  Lieutenant  Governor 

To  the  Chief  Justice 

To  six  Judges  of  Common  Pleas,  £500  each 

To  the  Attorney  General 

To  the  Clerk  of  the  Crown  and  Pleas 

To  two  Sheriffs  at  £100  each 

To  the  Secretary  and  Register 

To  the  Clerk  of  the  Council 

To  the  Surveyor  of  Lands 

To  the  Surveyor  of  Woods 

To  the  Commissary  for  Indians 

To  the  Captain  of  the  Port 

To  the  Naval  Officer 

To  the  Receiver  General  of  the  Revenues 

To  twenty-three  Councillors  at  £100  each 

To  the  Lieutenant  Governors  or  Superintendants 
At  the  Illinois 

Poste  Saint  Vincenne 
Detroit 

M issilimakinac 


at  £200  each. 


Gaspee 

To  one  Judge  of  the  inferior  Courts  of  King’s  Bench  and  Common  Pleas 

at  each  of  the  above  five  Posts  at  £100  each  Judge 

To  an  Assistant  or  Assessor  at  each  Post  at  £50  p Annum 

To  a Sheriff  at  each  District  at  £20  p Annum  each 

To  a Grand  Voyer 

To  a French  Secretary 

To  four  Ministers  of  the  Protestant  Church  at  £200  p.  Ann.  each 

To  two  Schoolmasters  at  £100  p.  Annum  each 

To  an  Allowance  to  the  Person  licenced  to  superintend  the  Romish 


Church 

To  Pensions  to  the  Officers  of  a Corps  of  Canadians  employed  in  the  last 

War,  and  discharged  without  any  Allowance,  as  follows,  Viz* 

To  Mons*  Rigauville,  the  Commandant  of  said  Corps 

To  five  Captains  £100  each 

To  ten  Lieutenants  £50  each 

To  the  Commandant  of  the  Savages 

To  Annual  contingent  Expenses 


£ s.  d. 
2,000  0 0 
600  0 0 
1,200  0 0 
3,000  0 0 

300  0 0 
100  0 0 
200  0 0 
400  0 0 
100  0 0 
300  0 0 
200  0 0 
300  0 0 
100  0 0 
100  0 0 
400  0 0 
2,300  0 0 


1,000  0 0 


500  0 0 
250  0 0 
100  0 0 
200  0 0 
200  0 0 
800  0 0 
200  0 0 

200  0 0 


200  0 0 
500  0 0 
500  0 0 

100  0 0 

1,000  0 0 


£17,350  0 0 


All  which  Salaries  and  Allowances  are  to  commence  on,  and  be  payable 
from,  and  after  the  first  day  of  May  next  ensuing.1 * * * * * * * 

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,  Com- 
mander 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 


1 Among  the  Dartmouth  Papers  is  an  “Estimate  of  the  Expence  of  the  Civil  Establishment 
of  the  Province  of  Quebec,  and  Its  Dependencies.”  M 385,  p.  494.  In  this  a number  of  the 

salaries  are  rated  at  different  amounts  from  those  here  given.  Among  the  variations  are  the 

following — Lt.  Governor,  £800,  Chief  Justice,  £1,000;  the  six  Judges,  £300  each,  Commissary 

for  Indians,  £200.  There  are  two  additional  offices,  Judge  of  the  Admiralty,  £200,  Register 
of  the  Court  of  Admiralty,  £100.  There  was  no  provision  for  Schoolmasters,  or  for  Contingent 

Expenses.  From  another  document  we  find  that  the  appointments  to  these  positions  were  divided 
between  Lord  Dartmouth,  the  Treasury  Board,  and  the  Governor,  as  follows, — 

“Lord  Dartmouth — Lt.  Governor,  Chief  Justice,  Secry  & Register,  3 Judges,  Attorney 

Gen1,  Clerk  of  Crown,  Commissary  for  Indian  Affairs,  Naval  Officers,  5 Superintend*9,  4 Min- 
isters, 2 Schoolmasters. 

Treasury — Surveyor  of  Lands,  D°  of  Woods,  Receivr  Gen1. 

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


614 


CANADIAN  A RCHI VES 


6-7  EDWARD  VII.,  A.  1907 

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  Gov- 
ernment. 

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  $o  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  Superin- 
tendant, who  shall  have  a power  of  Suspending  them  in  Case  of  Misbehav- 
iour, 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. 


CONSTITUTIONAL  DOCUMENTS 


615 


SESSIONAL  PAPER  No.  18 

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  Super- 
intendants shall  in  like  manner  communicate  to  the  Governors  all  Intelli- 
gence 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  Con- 
currence 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  Coun- 
try, 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  Of- 
fenders may  be  prosecuted  for  the  same;  And  that,  for  deciding  all  civil 


2 


616 


CA  NA  DIAN  A RCHI VES 


6-7  EDWARD  VII.,  A.  1907 

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  Consider- 
ation 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  oppor- 


CONSTITUTIONAL  DOCUMENTS 


617 


SESSIONAL  PAPER  No.  18 

tunity  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  Dis- 
trict, as  also  the  Commissaries  residing  at  the  Posts,  or  in  the  Indian  Coun- 
try 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 


618 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

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. 


CONSTITUTIONAL  DOCUMENTS 


619 


SESSIONAL  PAPER  No.  18 

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

A. 

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


Mohocks. 

Powtewatamis. 

Oneidas. 

Ottawas. 

Tuscaroras. 

Chipeweighs,  or  Missisagis. 

Onondagas. 

Meynomenys. 

Cayugas. 

Folsavoins. 

Senecas. 

Puans. 

Oswegachys. 

Sakis. 

Nanticokes. 

Foxes. 

Conoys. 

Twightwees. 

620 


CA  NA  D1AN  A RCHI VES 


6-7  EDWARD  VII.,  A.  1907 


Tuteeves. 

Kickapous. 

Saponeys. 

Mascoutens. 

Caghnawagas. 

Piankashaws. 

Canassadagas. 

Wawiaghtonos. 

Arundacks. 

Keskeskias. 

Algonkins. 

Illinois. 

Abenaquis. 

Sioux. 

Skaghquanoghronos. 

Micmacs. 

Hurons. 

Norwidgewalks. 

Shawanese. 

Arseguntecokes. 

Delawares. 

Penobscots. 

Wiandots. 

S4  John’s. 

B. 


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

Creeks.  Bayugtas. 

Chickasaws.  Tunicas. 

Chactaws  Peluches 

Catawbas,  Ofugulas. 

Beluxis.  Querphas. 

Endorsed  : Dr1 

Instructions  for  Guy  Carleton  Esqr  Govr  of  Quebec,  Dated  3d  Jany  1775. 
In  Order  of  Council  of  28th  Decern1  1774. 

George  R 

C.O. 


INSTRUCTIONS  RELATING  TO  TRADE  AND  NAVIGATION1 

(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*  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  Plan- 


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


CONSTITUTIONAL  DOCUMENTS 


621 


SESSIONAL  PAPER  No.  18 

tations  be  punctually  and  bona  fide  observed  according  to  the  true  intent 
and  meaning  thereof. 

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

3d  And  whereas  it  is  necessary  for  the  more  effectual  dispatch  of 
Merchants  and  others,  that  the  Naval  Officers  and  the  Collectors  of  the 
Customs  should  reside  at  the  same  Ports  or  Towns,  you  are  therefore  to 
take  care,  that  this  regulation  be  observed,*  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  belong- 
ing 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 

j 

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


622 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

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  Admir- 
alty 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  Plant- 
ations as  aforesaid,  and  whereof  the  Property  does  belong  to  British  Sub- 
jects, 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,  suffi- 
cient 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 


CONSTITUTIONAL  DOCUMENTS 


623 


SESSIONAL  PAPER  No.  18 

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  Com- 
modities therein  enumerated,  Viz1  Sugar,  Tobacco,  Cotton  Wool,  Indigo, 
Ginger,  Fustick  or  other  dying  Wood,  of  the  growth,  production,  or  Manu- 
facture 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  afore- 
said 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 


624 


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6-7  EDWARD  VII.,  1907 

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  Securi- 
ties, 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  Certi- 
ficates 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  Commis- 
sioners 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 


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625 


SESSIONAL  PAPER  No.  18 

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  for- 
feiture 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  Govern- 
ment, 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  Green- 
land 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 


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6-7  EDWARD  VII.,  A.  1907 

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  Commis- 
sionra  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  regulat- 
ing 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  Commis- 
sioners of  Our  Customs  in  London,  and  send  another  Copy  of  the  said 
Invoice  in  like  manner  to  the  Collector  of  that  Port,  in  this  Kingdom  for  the 
Time  being,  to  which  such  Ship  shall  be  said  to  be  bound. 

10.  Whereas  by  the  aforesaid  Act  for  the  Encouragement  of  Trade, 
no  Commodities  of  the  Growth,  Production,  or  Manufacture  of  Europe, 
except  Salt  for  the  Fishery  of  New  England  and  Newfoundland,  Wines  of 
the  growth  of  ye  Madeira’s  or  Western  Islands  or  Azores,  Servants  and 
Horses  from  Ireland  and  all  sorts  of  Victuals  of  the  growth  and  production 
of  Ireland,  and  salt  to  the  Provinces  of  Pennsylvania,  New-York,  Nova 
Scotia,  and  Quebec,  in  pursuance  of  five  Acts  passed  in  the  Thirteenth  year 
of  the  reign  of  King  George  the  First,  in  the  Third  year  of  His  late  Majesty’s 
reign,  and  in  the  Second,  Fourth  and  Sixth  years  of  Our  Reign,  shall  be 
imported  into  any  of  Our  Colonies  or  Plantations,  but  what  shall  be  boncl 
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  for- 
feited ; and  you  are  to  give  in  Charge,  that  the  same  be  seized  and  prose- 
cuted 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 


CONSTITUTIONAL  DOCUMENTS 


627 


SESSIONAL  PAPER  No.  18 

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

14.  Whereas  the  Commissioners  appointed  for  collecting  the  Six 
Pence  per  Month  from  Seamen’s  Wages  for  Our  Royal  Hospital  at  Green- 


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6-7  EDWARD  VII.,  A.19  07 

wich,  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  Govern- 
ment therein.  It  is  therefore  Our  Will  and  Pleasure,  that  you  be  aiding 
and  assisting  to  the  said  Receivers  in  your  Government  in  the  due  execution 
of  their  Trusts. 

15.  And  whereas  by  an  Act  passed  in  the  Sixth  year  of  His  late  Majesty’s 
reign,  intituled  “An  Act  for  the  better  securing  and  encouraging  the  Trade 
“of  His  Majesty’s  Sugar  Colonies  in  America”  and  by  another  Act  passed 
in  the  fourth  year  of  Our  Reign,  intituled  “An  Act  for  granting  certain 
“duties  in  the  British  Colonies  and  Plantations  in  America  &ca”  Duties  are 
laid  on  all  Sugar  Panales,  and  several  other  Species  of  Goods  therein  enum- 
erated 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  clan- 
destinely landed,  or  put  on  Shore  without  paym1  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  iPersons 
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  re- 
covered 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  Export- 
ations 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  Govern- 
ment, 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 


CONSTITUTIONAL  DOCUMENTS 


629 


SESSIONAL  PAPER  No.  18 

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  Fail- 
ures, Neglects,  Frauds,  and  Misdemeanours  of  any  of  the  Officers  of  Our 
Customs  in  Our  said  Province  under  your  Governm1  and  shall  also  advise 
them,  as  occasion  shall  offer,  of  all  occurrences  necessary  for  their  Infor- 
mation 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  Char- 
ter 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  ob- 
tained, 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  pre- 
vention 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 


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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  Plan- 
tations 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  Plan- 
tations; 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 


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631 


SESSIONAL  PAPER  No.  18 

“of  the  Woollen  Manufactures  in  the  Kingdom  of  England,”  It  is  amongst 
other  Things,  therein  enacted,  that  no  Wool,  Woolfels,  Shortlings,  Mort- 
lings,  Wool-flocks,  Worsted-Bays,  or  Kerseys,  Says,  Friezes,  Druggets, 
Cloth  Serges,  Shalloons,  or  any  other  Drapery  Stuffs,  or  Woollen  Manu- 
factures 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 


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6-7  EDWARD  VII.,  A.  1907 

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  Cred- 
entials, 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, 
paving  on  board  any  Negroes,  or  East  India  Commodities,  shall  be  actually 
Mound  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, 


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633 


SESSIONAL  PAPER  No.  18 

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  Pro- 
ceedings, 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  Remiss- 
ness 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  Instruc- 
tions, by  any  wilful  fault  or  neglect  on  your  part,  We  shall  esteem  such  Neg- 
lect 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. 


634 


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6-7  EDWARD  VII.,  A.  1907 


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  Custbms,  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.Oppor- 
tunity  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. 


CONSTITUTIONAL  DOCUMENTS 


635 


SESSIONAL  PAPER  No.  18 


Where 
& when 
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* 

Endorsed:  Guy  Carleton  Esqr  Governor  of  Quebec 
Trade  Instructions 

Dated  3d,  Jany  1775. 


636 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 


00 


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[L.S.]  George  R. 

Additional  Instructions  to  Our  Trusty  & welbeloved  Guy 
Carleton  Esqr  Our  Captain  General  & Governor  in  Chief  in 
& 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*  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*  James’s  the  day  of 

Declare  Our  Royal  Will  & Pleasure  that  sundry  Salaries  & Allowances 
therein  mentioned,  should  be  discharged  & paid  out  of  any  Revenue  arising 
to  Us  within  Our  said  Province  of  Quebec,  or  out  of  such  other  Monies  as 
should  be  granted  or  appropriated  to  the  Use  & Service  of  Our  said  Province; 
the  said  Salaries  & Allowances  to  commence  on,  & to  be  payable  from  & 
after  the  first  day  of  May  1775.  It  is  Our  further  Will  & Pleasure,  that  over 
and  above  the  several  Salaries  and  Allowances  in  the  said  Instructions 
mentioned  & set  down — You  do  pay,  or  cause  to  be  paid  annually  out  of 
the  said  Revenue  or  Monies  granted  or  appropriated  as  aforesaid,  unto 
Our  Trusty  & welbeloved  Edward  Bishopp  Esqr  or  to  his  lawful  Attorney, 
for  & during  Our  Will  & Pleasure,  the  further  Sum  of  One  Hundred  Eighty 
two  Pounds  ten  Shill3  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. 

5 Additional  Instructions  to  Our  Trusty  & Welbeloved  Guy 
^ Carleton  Esqr  Our  Captain  General  and  Governor  in  Chief 

o ^ « 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*  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*  James’s,  the  3d  day  of  January  1775  Declare  Our  Royal 
Will  and  Pleasure  that  sundry  Salaries  and  Allowances  therein  mentioned 
should  be  discharged  & paid  out  of  any  Revenue  arising  to  Us  within  Our 
said  Province  of  Quebec,  or  out  of  such  other  Monies  as  should  be  granted 
or  appropriated  to  the  Use  and  Service  of  Our  said  Province  the  said  Salaries 
and  Allowances  to  Commence  on  and  to  be  payable  from  and  after  the  first 
Day  of  May  last  ; It  is  Our  further  Will  & pleasure  that  over  and  above 
the  several  Salaries  and  Allowances  in  the  said  Instructions  mentioned  and 
set  down,  You  do  pay  or  cause  to  be  paid  annually  out  of  the  said  Revenue 
or  Monies  granted  or  appropriated  as  aforesaid  unto  Our  Trusty  and  Wei- 


CONSTITUTIONAL  DOCUMENTS 


637 


SESSIONAL  PAPER  No.  18 

beloved  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.1 


This  Ordm-  Whereas  by  an  Act  of  Parliament  passed  at  Westminster 
posed  to  passin  the  14th  year  of  His  Majesty’s  reign  intituled  “An  Act  for 
hshed^aiter  making  more  effectual  provision  for  the  Government  of  the 
May  "ms  °f  f>rovince  Quet>ec  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  accord- 
ingly 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  particu- 
larly 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,  com- 
mitted & perpetrated  or  to  be  done  committed  & perpetrated 


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

This  is  the  full  text  of  the  proposed  Ordinance  draughted  by  Chief  Justice  Hey,  and  re- 
ferred to  in  the  despatch  of  Dartmouth  to  Carleton,  10th  December,  1774,  see  p.  584  and  foot- 
note 2 on  the  same  page.  As  stated  by  Dartmouth,  it  expresses  ‘‘His  ^Majesty’s  gracious 
Intentions  with  respect  to  the  plan  of  Judicature  that  is  to  be  established.”  Although,  owing 
to  the  rapid  development  of  the  troubles  in  America,  the  invasion  of  Canada,  and  the  inter- 
ruption of  the  functions  of  the  Legislative  Council  from  September,  1775,  to  January,  1777, 
the  draught  Ordinance  did  not  become  law,  yet  it  is  important  in  view  of  much  subsequent 
controversy  as  to  the  intentions  of  the  British  Government  and  the  effect  of  the  Quebec  Act, 
■with  reference  to  the  measure  of  completeness  with  which  the  old  French  Civil  Law  and  its 
machinery  were  to  be  restored  in  Canada.  An  outline  of  this  proposed  Ordinance  is  given  in 
the  Instructions  to  Governor  Carleton,  with  reference  to  the  establishment  of  Courts  and  the 
administration  of  the  law,  especialy  in  articles  12  to  15  inclusive.  See  pp.  59  9 — 600. 


638 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII,  A.  1907 


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. 


ttas^rdin^  Which  Court  so  constituted  and  appointed  as  aforesaid 

ance is passedshall  be  held  before  the  Chief  Justice  of  the  Province  for  the 

arrival  of  the  time  being  only*  to  whom  full  power  jurisdiction  and  authority 

k'shouidbe6  hereby  given  and  granted  to  hear  & determine  all  matters  of  a 

necessary  to  Criminal  nature  whatsoever  & the  offenders  therein  with  their 
hold  a Court  . _ , . ...  0 . , 

of  Criminal  accessories  & accomplices  to  imprision,  try,  convict  & punish 

^apprehend  in  as  large  & ample  a manner  & according  to  the  same  rules  & 

it  will  also  be  forms  Qf  proceedings  as  to  any  Chief  Justice  of  the  Province 
necessary  to  1 ° . 

re-enact  the  aforesaid  has  at  any  time  been  given  & granted,  or  the  Court 
vesting  the  of  King’s  Bench  at  Westminster  hath ; or  of  right  ought  to  have, 
Ch7eefr justice  exercise  & enjoy. 

in  the  hands  . . . . 

of  Comm”,  And  for  the  more  speedy  Administration  of  Justice  & to 

relates  to  prevent  as  much  as  possible  the  severity  of  long  & tedious 

Criminal  imprisonments,  It  is  further  ordained  & enacted  that  the  Chief 

jurisdiction.  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. 


CONSTITUTIONAL  DOCUMENTS 


639 


SESSIONAL  PAPER  No.  18 

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  ol  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  con- 
demned 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,  Over- 
seers & 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 


640 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII,  A.  1907 


& 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  sendee,  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  Pro- 
ceedings. 

And  for  the  better  & more  orderly  Regulation  & Establish- 
ment of  the  Courts  of  Civil  Jurisdiction  herein  after  to  be  ap- 
pointed within  the  Province  aforesaid  It  is  Enacted  and  Or- 
dained &ca  That  the  Province  of  Quebec  as  limited  & bounded 
by  the  said  Act  of  the  14th  of  His  present  Majesty  be  divided 
into  two  Districts  or  Territories  to  be  called  & known  by  the 
names  of  the  District  of  Quebec  & Montreal — the  District  of 
Quebec  to  contain  & comprehend  so  much  of  the  said  Province 
as  lies  to  the  Eastward  of  the  river  S*  Maurice,  & to  the  East- 
ward 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 
areBtwoThere  a Line  drawn  from  the  head  of  the  said  river  to  the  Southmost 
^vers  on  the  bounds  of  of  the  said  Province  in  case  the  said  river  shall  be 
the  River  s*  found  to  take  its  rise  in  the  said  Province;  and  all  that  part  of 
neajriy^ppo-  t^e  Province  to  the  Westward  and  Southwestward  of  the  said 
site  the  Rivers  & Lines  shall  be  within  the  District  of  Montreal. 

River  S* 

Maurice,  the  In  and  over  which  Districts  of  Quebec  and  Montreal  so 
Chened&  the  divided  as  aforesaid  it  shall  and  may  be  lawful  to  & for  His 
Puante • it  is  Majesty,  His  Heirs  & Successors  from  time  to  time  to  appoint 
necessary  two  Ministerial  Officers  by  the  name  & title  of  Sheriffs  to  preside, 
M ap^od e ter- that  is  to  say — the  Sheriff  of  Quebec  in  & over  the  District  of 
totake.hlCh  Quebec  & the  Sheriff  of  Montreal  in  & over  the  District  of 
Montreal. 

And  it  is  further  enacted  and  Ordained  &ca  that  in  & for 
the  Districts  of  Quebec  & Montreal  so  described  & bounded  as 
aforesaid,  there  shall  be  erected,  constituted  & appointed  & 
the  same  are  hereby  & by  the  Authroity  aforesaid  erected, 
constituted  & appointed  two  Courts  of  Civil  Jurisdiction,  by 


CONSTITUTIONAL  DOCUMENTS 


641 


SESSIONAL  PAPER  No.  18 

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  Law’s,  Ordinances  and 
regulations  as  shall,  from  time  to  time,  be  enacted  by  the  Legis- 
lative 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  inde- 
pendent of  & unconnected  with  each  other  that  is  to  say — 
the  Court  of  Common  Pleas  at  Quebec  in  and  over  all  Causes 
arising  or  to  arise  within  the  District  of  Quebec  and  the  Courts 
of  Common  Pleas  at  Montreal  in  and  over  all  Causes  arising 
or  to  arise  within  the  District  of  Montreal. 

And  it  is  further  enacted  and  ordained  &ca  That  in  the 
Courts  of  Common  Pleas  so  constituted  as  aforesaid  Four  of 
His  Majesty’s  antient  British  Subjects  by  Commission  under 
the  public  Seal  of  the  Province,  shall  sit  as  Judges,  that  is  to  say 
two  of  the  said  British  Subjects  in  the  Court  of  Quebec,  & two 
other  of  the  said  British  Subjects  in  the  Court  of  Montreal, 
which  Judges  of  the  said  Courts  for  the  time  being  are  hereby 
empowrered  & authorized  to  take  cognizance  of  Pleas  in  all  Civil 
Causes  whatsoever  as  w’ell  between  His  Majesty  and  His  Sub- 
jects, as  between  party  and  party  whether  real,  personal  or 
mixed,  & the  same  to  hear,  adjudge  & finally  determine,  and 
also  to  awrard  costs  betwreen  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  & em- 
powered, 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  w’ell 
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  w’ith  the  Judges  of  the  said  Courts  respectively 
according  to  their  District,  & give  their  opinions  and  advice 


642 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII,  A.  1907 

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  J udges  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  J udges  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 


CONSTITUTIONAL  DOCUMENTS 


643 


SESSIONAL  PAPER  No.  18 

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

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

Provided  always,  and  it  is  hereby  further  ordained  & de- 
clared 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  & deter- 
mining 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  Execu- 
tion, or  Executions  to  the  Sheriff  of  the  District  in  which  such 
Lands  Goods  & Effects  shall  be  found  who  shall  before  he  pro- 
ceeds to  do  anything  therein  carry  such  Writ  or  Writs  of  Execu- 


644 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII,  A.  1907 

tion  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  where- 
with to  satisfy  the  same  shall  usually  reside  without  the  Juris- 
diction of  the  Court  in  which  such  Judgment  or  Judgments  shall 
be  obtain’d  or  being  at  the  time  of  obtain8  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  Judg- 
ments 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 


CONSITUTIONANL  DOCUMENTS 


645 


SESSIONAL  PAPER  No.  18 

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  Viva  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  return- 


646 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII,  A.  1907 

able  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  accord- 
ing 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  unan- 
imity heretofore  required  from  Jurors  in  giving  their  Verdict 
has  been  attended  with  many  inconveniencies,  it  is  further 


CONSTITUTIONAL  DOCUMENTS 


647 


SESSIONAL  PAPER  No.  18 


Enacted  and  ordained  that  in  all  Issues  directed  to  be  tried  by 

be  necessary  _ J 

to  have  a a Jury  in  the  Court  of  Common  Pleas  it  shall  not  be  necessary 
Ordnance  for  for  the  whole  twelve  Jurors  to  agree  in  their  Verdict  but  the 
tion^f  juries  Verdict  of  Eight  out  of  the  twelve  and  not  fewer  agreeing  and 
Clause  had  consenting  thereto  shall  be  as  good  valid  and  effectual  for  ascer- 
betterbe  taining  any  Fact  or  Facts  directed  to  be  tried  in  such  Issue  or 
the^present,  Issues  or  for  assessing  such  Damages  as  if  the  whole  twelve 
mucMncHnedJ urors  had  agreed  and  been  consenting  to  the  same, 
to  doubt  the  And  whereas  the  Governor  and  Commander  in  Chief  of 
Propriety  of  the  Province  for  the  time  being  has  been  used  to  hear  and  deter- 
Tim^ny  mine  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  Gover- 
nor, Lieu*  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 Dis- 
covery 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 


648 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII,  A.  1907 

Courts  of  Equity  in  England  until  full  Answer  is  put  in  or  the 
Court  is  otherwise  satisfied  and  the  Party  cleared  of  the  Con- 
tempt. 

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  what- 
soever shall  be  awarded  out  of  any  of  the  Courts  of  Civil  Juris- 
diction 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  per- 


CONSTITUTIONAL  DOCUMENTS 


649 


SESSIONAL  PAPER  No.  18 

sonal  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  Execu- 
tion 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  Inhab- 
tants  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, 


650 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII,  A.  1907 


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


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  J udges  of  the  said  several  Courts 
shall  be,  and  they  are  hereby  authorized  & impowered  to  make 
such  other  Rules  & Regulations,  except  in  the  Cases  herein 
before  provided  for,  in  as  full  & ample  manner,  as  all,  or  any 
of  the  Judges  of  the  several  Courts  of  Judicature  in  England 
may  or  of  Right  ought  to  make. 

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


CONSTITUTIONAL  DOCUMENTS 


651 


SESSIONAL  PAPER  No.  18 

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  cer- 
tainty & Moderation  in  point  of  Expence;  It  is  enacted  & de- 
clared &ca  That  from  & after  the  Publication  of  this  Ordinance 
in  all  Matters  where  the  Cause  of  Action  shall  not  exceed  the 
Sum  of  ten  Pounds  as  aforesaid.  No  Process  whatsoever  shall 
issue  against  any  Defendant  or  Defendants  untill  the  Plaintiff 
or  Plaintiffs  or  his,  her  or  their  Agent  or  Agents  shall  have 
produced  & left  with,  or  being  unable  to  write  or  read,  shall  have 
first  procured  from  the  Clerk  of  the  Court  of  Common  Pleas 
in  which  such  Action  is  intended  to  be  brought  who  is  hereby 
ordered  & required  to  make  out  the  same  a Plaint  or  Declaration 
either  in  the  English  or  French  Language  according  to  the  fol- 
lowing 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 


652 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII,  A.  1907 

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, 

Qucboc 

before  me  at  the  Court  house  of  the  Town  of  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 


CONSTITUTIONAL  DOCUMENTS 


653 


SESSIONAL  PAPER  No.  18 

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  Re- 
covery and  levying  thereof  in  the  same  manner  as  other  Execu- 
tions 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 


654 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII,  A.  1907 

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  pro- 
nouncing 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  Judge- 
ment in  which  Case  it  shall  and  may  be  lawful  for  the  Court 
pronouncing  such  Judgement  to  aw'ard  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 

y 

dwelling  in  or  near  the  said  Parish  whom  the  Court  shall  nominate 
for  that  purpose  and  which  they  are  hereby  authorized  to  do 
commanding  him  to  levy  the  debt  and  Costs  together  with  his 
fees  for  levying  the  same  and  returning  the  said  Writ  (which 
&ca  shall  be  expressed  in  the  Warrant  of  Execution)  out  of 
the  Goods  and  Chattels  belonging  to  such  Defendant  only 
with  an  express  Reservation  therein  contained  of  his  the  Defend- 
ant’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 


V 


CONSTITUTIONAL  DOCUMENTS 


655 


SESSIONAL  PAPER  No.  18 

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  Sum- 
mons 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  Sen- 
tence 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  con- 
clusive 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  particu- 
larly the  Forts  of  Michilimacinac  and  Detroit  and  the  Settle- 
ments at  Gaspee  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. 


656 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII,  A.  1907 

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  estab- 
lished 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  wdthin  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  wrell  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  con- 
cerning any  Order,  Judgement,  or  Decree,  or  otherwise  inter- 
meddle with  any  of  the  Business  of  the  said  Court,  than  by 
giving  such  Advice  & Opinion  as  aforesaid,  wdiich  Judge  so 
as  aforesaid  appointed,  is  hereby  fully  empowered  & authorized 
to  hear  and  determine  all  matters  of  a Criminal  Nature,  done, 
committed,  or  perpetrated  wdthin  the  Township  & District  as 


CONSTITUTIONAL  DOCUMENTS 


657 


SESSIONAL  PAPER  No.  18 

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 
Pover  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 


658 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII,  A.  1907 

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,  Gaspee  & the  Illinois  and  such  other  places  as  shall  be 
necessary  At  which  days  and  times  the  Court  shall  sit  and  con- 
tinue to  sit  till  every  Prisoner  in  the  Goal  shall  be  truely  con- 
victed 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  & Com- 
mander in  Chief  of  this  Province  for  the  Time  being  the  Lieu- 
tenant 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*  Governor,  or  other  President  of  the  Court  over  and 


CONSTITUTIONAL  DOCUMENTS 


659 


SESSIONAL  PAPER  No.  18 

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  Gover- 
nor 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 
viva  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 


660 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII,  A.  1907 

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  estab- 
lished 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  be- 
longing to  him  or  exercise  either  by  himself  or  any  other  Person 
any  Judicial  Power  or  Authority  whatosever  within  his  Seig- 
neurie 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*  of  Ordinance  for  establishing  Courts  of  Justice  in  the 
Province  of  Quebec. 


CARLETON  TO  GAGE.1 


(Secret)  (Copy)  Quebec  4th  Feby.  1775. 

Sir 

As  this  goes  by  Lt.  Cleveland  of  the  7th,  I will  venture  to  be  more 
explicit  about  what  you  mention  of  the  Canadians  and  Indians  in  your 
Letter2  of  the  25th  Decr  last,  than  I thought  it  prudent  to  do  by  Post, 
as  one  may  naturally  suppose,  those,  who  seem  resolved  to  force  their 
Country  into  Rebellion,  Jealous  of  the  Correspondence,  may  intercept  our 
Letters,  to  make  themselves  Masters  of  the  Correspondence,  and  should 
those  Disorders  continue,  as  there  is  too  much  Reason  to  apprehend,  I 
submit  it  to  your  Consideration,  whether  it  may  not  be  proper  to  send  me 
a Cypher,  for  the  greater  Security  of  our  Correspondence  on  Matters  of  a 
secret  nature. 

The  Canadians  in  General  have  been  made  very  happy  by  the  Act 
passed  in  their  Favor,  all  that  have  spoke,  or  wrote  to  me  upon  the  subject, 
express  the  most  grateful  Sense  of  what  has  been  done  for  them  ; I must 
not  however  conceal  from  Your  Excellency,  that  the  Gentry,  well  disposed, 
and  heartily  desirous  as  they  are,  to  serve  the  Crown,  and  to  serve  it  with 

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

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


CONSTITUTIONAL  DOCUMENTS 


661 


SESSIONAL  PAPER  No.  18 

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  Canad- 
ian 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;1  had  the  present  Settlement 
taken  Place,  when  first  recommended,  it  would  not  have  aroused  the  Jeal- 
ousy of  the  other  Colonies,  and  had  the  appearance  of  more  disinterested 


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


662 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII,  A.  1907 

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

As  to  the  Indians,  Government  having  thought  it  expedient  to  let 
Matters  go  in  that  channel,  I have  ever  considered  the  late  Sir  Wm  Johnson,1 
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  Domicilies  of  the  Province,  but  all  the  neigh- 
bouring 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  Intelli- 
gence 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.  CRAMAHE 
His  Excy  General  Gage 

Endorsed  : — Copy  of  a Letter  from  Genl.  Carleton  to  Genl.  Gage,  dated 
Quebec  4th  Febry  1775. 

In  Lieut.  Governor  Cramahe’s  Letter  of  the  9th  Novr 

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


CONSTITUTIONAL  DOCUMENTS 


663 


SESSIONAL  PAPER  No.  18 


DARTMOUTH  TO  CARLETON.1 


Whitehall  7th  June  1775. 


Governor  Carleton 
Sir, 

I have  recd  your  Dispatch  of  the  13th  of  March,* * 
N°  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  Gov4,  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  Gov4  on  the  ground  of 
the  Petitions  from  the  old  Subjects  in  Quebec,  was  supported  by  the  whole 
Strength  of  Opposition:3 — 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  Intelli- 
gence from  General  Gage,  has  had  no  other  Effect  than  to  increase  that  just 
Indignation,  which  every  Friend  to  Government  feels,  for  the  Insult 
offered  to  the  Constitution,  in  the  rebellious  Resistance  to  the  Authority 
of  Parliament,  by  the  People  in  North  America. 

I am  &ca 


DARTMOUTH. 


CARLETON  TO  DARTMOUTH.4 

Montreal  7th  June  1775. 

My  Lord!  The  19th  of  last  Month  in  the  Evening,  I received  Intelli- 
gence from  General  Gage  by  Sea  of  the  Rebels  having  commenced  Hostilities 


1 Canadian  Archives,  Q 11,  p.  145. 

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

* Referring  to  the  motion  made  in  Parliament  during  the  session  of  f 775  for  the  repeal  of 
the  Quebec  Act. 

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


664 


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6-7  EDWARD  VII.,  A.  1907 

in  the  Province  of  the  Massachusets,  and  Requesting  I would  send  the  7tb 
Regiment  with  some  Companies  of  Canadians  and  Indians  to  Crown  Point, 
in  order  to  make  a Diversion,  and  favour  his  Operations. 

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

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

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

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

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


CONSTITUTIONAL  DOCUMENTS 


665 


SESSIONAL  PAPER  No.  18 

Mackay,  and  took  Post  at  St.  John’s  ; the  Indians  shewed  as  much  Back- 
wardness 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  Subordin- 
ation 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  dis- 
posed, 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  afore- 
mentioned 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 


666 


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6-7  EDWARD  VII.,  A.  1907 

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.1 

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

I am  with  much  Respect  and  Esteem 
Your  Lordship’s 

Most  Obedient  and 
Most  Humble  Servant 

GUY  CARLETON 

Earl  of  Dartmouth 
One  of  His  Majesty’s 
Principal  Secretaries 
of  State. 

8th  June 

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

G.  C. 


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


CONSTITUTIONAL  DOCUMENTS 


667 


SESSIONAL  PAPER  No.  18 

CRAMAHE  TO  DARTMOUTH.1 

Quebec  21st  Sepr  1775. 

My  Lord  ! 

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

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


1 Canadian  Archives,  Q 11,  p.  249.  This  and  the  succeeding  letter  from  Chief  Justice  Hey 
give  two  other  versions  of  the  quite  unexpected  sequel  to  the  Quebec  Act.  In  the  meantime  Lord 
Dartmouth  was  fully  relying  upon  Carleton’s  previous  assurances  of  what  could  be  expected  from 
Quebec  in  support  of  the  British  interests  on  the  continent,  if  only  the  French  laws  and  system 
of  government  were  re-established  and  the  noblesse  and  clergy  restored  to  their  former  ascendancy. 
Hence,  when  the  crisis  was  precipitated  at  Boston,  he  wrote  to  Carleton,  July  1st,  1775,  saying 
that  “the  King  relies  upon  the  Loyalty  & Fidelity  of  His  Canadian  Subjects  for  their  Assistance 
to  suppress  Rebellion,  and  it  is  His  Majesty’s  pleasure  that  you  do,  if  you  see  no  objection, 
immediately  upon  the  Receipt  of  this  Letter  take  the  proper  Steps  for  raising  a Body  of  3,000 
Canadians  in  such  form  & manner  as  you  shall  judge  most  proper,  to  act  as  Light  Infantry, 
either  in  a separate  Corps,  or  in  conjunction  with  His  Majesty’s  other  Troops,  as  shall,  upon 
consulting  Gen1  Gage,  be  thought  most  expedient.”  Q 11,  p.  152.  On  receiving  still  worse  news 
from  Gage,  Dartmouth  writes  again  to  Carleton.  on  the  24th  of  July,  “and  it  having  been  judged 
proper,  upon  a consideration  of  these  Despatches  that  the  number  of  Men  to  be  raised  in  Canada, 
should  be  double  what  was  first  proposed.  It  is  His  Majesty’s  Pleasure  that  instead  of  3,000  Men 
which  you  were  authorized  to  raise  by  my  Letter  of  the  1st  of  July,  the  number  to  be  raised  be 
6,000,  and  I have  accordingly  given  directions  for  an  additional  supply  of  Arms,  Cloathing,  & 
Accoutrements  in  proportion.”  Q 11,  p.  182. 


668 


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6-7  EDWARD  VII.,  A.  1907 

herewith  inclosed1;  some  Canadians,  I understand,  are  with  the  Bostonians 
upon  every  Road. 

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

I have  the  Honor  to  be  with  great  Respect 

My  Lord  ! 

Your  Lordship’s 
Most  Obedient  and 
Most  Humble  Servant 
H.  T.  CRAMAHE. 

Earl  of  Dartmouth 
One  of  His  Majesty’s 
Principal  Secretaries 
of  State. 

CHIEF  JUSTICE  HEY  TO  THE  LORD  CHANCELLOR.2 

Quebec  Aug.  y*  28th  1775. 

My  Lord 

Since  I had  the  honour  of  writing  to  your  Lordship  soon  after  my  arrival 
here,  by  Captn.  Brash,  The  affairs  of  this  Province  are  so  far  in  a better 
train  as  the  apprehensions  of  any  decisive  invasion  from  the  Garrisons  of 
Crown  Point  and  Ticonderoga  seem  to  be  removed  by  the  lateness  of  the 
season,  and  an  appearance  of  less  alacrity  on  their  Part  for  a business  of  that 
sort  than  they  shewed  a month  ago,  or  when  I dispatched  my  other  Letter 
to  your  Lordship.  Whether  this  arises  from  the  fears  which  the  Congress 
may  have  entertained  of  opening  the  wound  they  have  given  the  Mother 
Country  too  wide  to  admit  of  being  closed  by  treaty,  or  from  those  of  In- 
dividuals 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  sus- 
pended, 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;3  unhappily!  every 

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

2 Canadian  Archives,  Q 12,  p.  203. 

8See  note  1,  p.  666, 


CONSTITUTIONAL  DOCUMENTS 


669 


SESSIONAL  PAPER  No.  18 

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 


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& 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  Polite- 
ness & 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  Establish- 
ment of  the  Country  under  the  new  Act  of  Parliament.  And  yet  some- 
thing 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  wonder- 
full  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 under- 
stand 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 


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671 


SESSIONAL  PAPER  No.  18 

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 

My  Lord 

Yr  Lordships  most  obliged  & most 
Obed.  Hble  Sert. 

W.  HEY. 

P.  S.  It  is  I hope  unnecessary  for  me  to  say  that  I would  have  executed 
your  Lordships  commission  with  respect  to  the  Nut  trees  if  I could  have 


672 


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6-7  EDWARD  VII.,  A.  1907 

found  an  opportunity,  tyit  they  are  not  the  growth  of  this  Province  & your 
Lordship  knows  we  have  no  communication  with  any  other.  I am  told 
Lord  Gage  has  trees  of  them  of  all  sorts  sent  many  years  ago  by  his  Brother 
the  General  from  New  York. 

Septr  11th 

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

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

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

Endorsed  : — Original  Letter  from  Mr.  Hay  chief  Justice  of  Quebec  to  the  Lord 

Chancellor  dated  Augt.  20th  Sepr  11  & 17th  communicated  by  his  Lord- 

ship  12th  Novemb1  1775. 

COMMISSION  FOR  A COURT  OF  APPEALS1 

Quebec,  1st  August,  1776. 

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

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

Know  ye  that  we  have  though  fit  to  constitute  and  appoint  and  by 
these  presents,  which  are  to  continue  and  be  in  force  only  during  our  royal 
will  and  pleasure,  we  do  constitute  and  appoint  you,  or  either  of  you, 
together  with  the  other  Members  of  our  Council  of  our  said  Province,  for 
the  time  being,  or  any  five  of  them  /provided  no  Member  thereof  shall  sit 
or  vote  in  any  Cause  which  he  shall  have  already  heard  or  given  judgment 
in/  to  be  a Court  of  Appeals  within  our  said  Province,  with  Power  to  receive 
appeals  from  any  Court  of  Civil  Jurisdiction  within  the  same  in  all  cases 
where  the  matter  in  dispute  shall  exceed  the  Value  of  Ten  pounds  lawful 


1 Canadian  Archives,  Q.  12,  p.  131. 


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673 


SESSIONAL  PAPER  No.  18 

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,  notwithstand- 
ing 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  Enrol- 
ments of  our  said  Province,  Witness  our  Trusty  and  welbeloved  Guy 
Carleton  our  Captain  General  and  Governor  in  Chief  in  and  over  our  said 
Province,  Keeper  of  our  Great  Seal  of  our  said  Province,  Vice  Admiral  of 
the  same,  &ca.  &ca.  &ca.  General  and  Commander  in  Chief  of  our  Forces  in 
our  said  Province  and  the  Frontiers  thereof,  &ca.  &ca.  &ca.  At  our  Castle 
of  Saint  Lewis,  in  our  City  of  Quebec  in  our  Province  aforesaid  the  First 
day  of  August  in  the  year  of  our  Lord  one  thousand  Seven  hundred  and 
Seventy  Six,  and  in  the  Sixteenth  year  of  our  Reign. 

By  His  Excellency’s  Command, 

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

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

GEO.  ALLSOPP 


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6-7  EDWARD  VII.,  A.  1907 

COMMISSION  FOR  COURT  OF  CIVIL  JURISDICTION.1 

23rd  July  1776. 

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

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

We  reposing  especial  trust  in  your  Loyalty,  Integrity,  Learning  and 
Abilities,  have  thought  fit  to  Constitute  and  Appoint  and  by  these  presents 
do  Constitute  and  Appoint  you  the  said  Adam  Mabane  Thomas  Dunn  and 
John  Claude  Panet  to  be  the  Judges  of  a Court  with  Civil  Jurisdiction  within 
the  District  of  Quebec  in  our  Province  of  Quebec  during  pleasure  only, 
hereby  granting  unto  you  or  any  two  of  you  full  power  and  Authority  to 
take  cognizance  of  and  proceed  in  all  civil  causes  and  Complaints  whatsoever 
and  such  civil  causes  and  Complaints  to  hear  and  determine  according  to 
Law,  with  Power  to  sit  and  hold  Courts  for  the  Purposes  aforesaid  within 
the  District  aforesaid  as  often  as  occasion  shall  require,  and  to  Correct  and 
punish  all  Contemptuous  Persons  and  Contemptuous  absenters  of  them- 
selves, 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 

1 Canadian  Archives,  Q 12,  p.  124. 

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


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675 


SESSIONAL  PAPER  No.  18 

Trusty  and  welbeloved  Guy  Carleton  our  Captain  General  and  Governor 
in  Chief  in  and  over  our  said  Province,  Keeper  of  our  Great  Seal  of  our  said 
Province,  Vice  Admiral  of  the  same,  &ca  &ca  &ca  General  and  Commander 
in  Chief  of  our  Forces  in  our  said  Province  and  the  Frontiers  thereof,  &c.a 
&ca.  &ca. 

(Signed)  GUY  CARLETON 
By  his  Excellency’s  Command, 

Countersigned/  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.1 

Chambli  28th  Septr  1776. 

My  Lord 

I have  received  Your  Lordships  letter  of  the  21st  of  June2  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.”3 

* * * * * * 

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;4  also  to  copies  of 

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

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

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

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


676 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

my  Letters  to  General  Gage  in  February  17751 — and  early  in  176 7, 2 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  Troops3  is  arrived,  except  about 
half  the  Regiment  of  Specht,  in  the  Vriesland  Transport.  They  are  on 
their  march,  and  I expect  their  last  Division  will  arrive  at  St.  Johns  about 
the  middle  of  October. 

I am  my  Lord 
with  all  due  respect 
Your  Lordships 
most  obedient 
and  most 

humble  servant 
GUY  CARLETON. 

Lord  George  Germain 


CARLETON  TO  GERMAIN.4 * 


Quebec  9th  May  1777 

My  Lord  ! 

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

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  ;6  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  Endeav- 
ours 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. 


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

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

3 In  a note  from  George  III  to  Lord  North,  12th  Nov.,  1775,  referring  to  the  distribution 
of  the  German  mercenaries  to  be  employed  in  the  colonies,  the  King  says,  “The  Troops  of  the 
Duke  of  Brunswick  shewed  so  much  want  of  courage  last  war,  that  Carleton,  who  can  have  but 
a small  number  of  British  Troops,  ought  to  have  the  Hessians.”  Letters  of  George  III  to  Lord 

North  in  Lord  Broughman’s  Statesmen  of  the  Time  of  George  III.”  Vol.  1,  p.  93. 

* Canadian  Archives,  Q 13,  p.  96. 

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

6 See  list  ot  Ordinances  given  below,  p.  678. 


CONSTITUTIONAL  DOCUMENTS 


677 


SESSIONAL  PAPER  No.  18 

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,1 
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  Adminis- 
tration, 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  fortwoYearsby 
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.2 

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. 


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

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


678 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

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

I am  with  all  due  Respect 
My  Lord  ! 

Your  Lordship’s 
Most  Obedient  And 
Most  Humble  Servant 

GUY  CARLETON 

****** 

Lord  George  Germain 

One  of  His  Majesty’s  Principal 
Secretaries  of  State. 

ORDINANCES  PASSED  IN  THE  SESSION  OF  THE  LEGISLATIVE 
COUNCIL  OF  QUEBEC  THAT  WAS  HELD  IN  JANY, 

FEBY,  MARCH,  & APRIL  1777— 1 

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  Pro- 
vince 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  Mont- 
real. 

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. 

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


CONSTITUTIONAL  DOCUMENTS 


679 


ESSIONAL  PAPER  No.  18 

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. 


(Copy.) 


AN  ORDINANCE  FOR  ESTABLISHING  COURTS  OF 
CIVIL  JUDICATURE  IN  THE  PROVINCE  OF 

QUEBEC.1 


Preamble. 


Division  of 
the  Province 
into  Two 
Districts. 


Whereas  it  is  necessary  to  establish  Courts  of  Civil  Judi- 
cature for  the  speedy  Administration  of  Justice  within  this 
Province  ; It  is  therefore  Ordained  and  Enacted  by  His  Excel- 
lency 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  S1  Maurice  on  the  North  side 
of  the  River  Sl  LawTence. 


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 
each  District;shall  sit  at  the  City  of  Quebec,  and  the  other  at  the  City  of 
at TeasMn^  Montreal,  at  least  one  Day  in  every  week,  for  the  decision  of 


Establish- 
ment of  a 
Court  of 
Common 
Pleas  for 


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


4 


680 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 


every  Week,  causes  jn  which  the  Value  of  the  matter  in  Dispute  shall  exceed 

in  matters  ex-  # ^ 

ceeding  £io  Ten  Pounds  Sterling  ; and  another  Day  in  every  week  for  the 
another'day  Decision  of  Causes  in  which  the  matter  in  Dispute  shall  be  of  or 
or  under”  °f  under  the  Value  of  Ten  Pounds  Sterling,  and  shall  so  continue 

that  Sum; 


except  in 
Vacation 
Times. 


Rule  of 
Decision. 


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  deter- 
mine all  matters  of  Controversy  relative  to  Property  and  Civil 
Rights,  according  to  the  Rules  prescribed  by  an  Act  of  Parlia- 
ment 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 
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, 
exrept incer- or  to  anY  Fee  °f  Office,  or  Annual  Rents,  or  othersuch  like  matter 
In  whidfex  or  Thing,  where  the  Rights  in  future  may  be  bound,  in  which 
cepted  Cases,  Cases,  and  also  in  all  Matters  that  exceed  the  said  Value  of  Ten 
ters  above  Pounds  sterling,  an  Appeal  shall  lie  to  the  Governor  and  Council  ; 
Appeai'to’be  Provided  Security  be  duly  given  by  the  Appellant,  that  he  will 
Governor ande^ectua^^  Prosecute  the  same,  and  answer  the  Condemnation  ; 
Council.  as  also  pay  such  Costs  and  Damages  as  shall  be  awarded,  in 
security00'1  case  the  Judgment  or  Sentence  of  the  Court  of  Common  Pleas 
shall  be  affirmed. 


Two  Judges 
necessary  to 
make  a 
Court. 

Their  Deci- 
sion to  be 
final  in  mat- 
ters under 


Art  4.  The  Governor  and  Council  are  hereby  erected  and 
a Superior  Court  of  Civil  Jurisdiction  (whereof  in 


The 

Governor 

and  Council  constituted 

ofaAppeaisUr  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 


CONSTITUTIONAL  DOCUMENTS  681 

SESSIONAL  PAPER  No.  18 


shall  have  given  the  Judgment  appealed  from  excepted)  with  the 

Governor  Governor,  Lieutenant  Governor,  or  Chief  Justice,  shall  con- 

Lieutenant  stitute  a Court  for  that  Purpose,  which  shall  sit  the  first  Mon- 

Chief  justice  day  in  every  Month  throughout  the  year,  and  continue  sitting 

Five  Mem-  each  Month  as  long  as  the  Business  before  it  may  require:  And 

bers  to  con-  the  said  Court  of  Appeals  shall  have  Power  to  revise  and  ex- 
stitute  a . i . 

Court.  amine  all  the  Proceedings  in  the  Court  below,  and  to  correct 
all  errors  both  in  Fact  and  in  Law,  and  to  give  such  Judgment 
as  the  Court  below  ought  to  have  given,  and  on  Judgment  to 
award  and  issue  such  Execution  as  the  Law  shall  direct. 


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

Other  Cases 
in  which 
Appeal  shall 
be  allowed  to 
His  Majesty 
in  Council. 


Art  5.  The  Judgment  of  the  said  Court  of  Appeals  shall  be 
final  in  all  cases  where  the  matter  in  Dispute  shall  not  exceed 
the  Value  of  £500  Sterling  ; but  in  all  cases  exceeding  that  Value, 
an  Appeal  shall  lie  to  His  Majesty  in  His  Privy  Council,  provided 
security  be  first  duly  given  by  the  Appellant,  that  he  will  effect- 
ually 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 
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 


Judgments 
Sentences 
and  Execu- 
tion of  the 
Courts  of 
Civil  Juris- 
diction, esta- 
blished since 
the  1st  of 
May  1775, 
confirmed ; 
subject  to 
an  Appeal. 

Appeal  from 
the  Judg- 
ments of  all 
the  Courts 
heretofore 
es  tablished 


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, 
Execution  shall  be  suspended  until  the  final  determination  of 
such  Appeal,  provided  Security  be  given  as  aforesaid. 

Art  6.  All  Judgments,  Sentences  and  Executions  of  the 
Courts  of  Civil  Jurisdiction,  which  it  has  been  found  necessary 
to  establish  since  the  1st  May  1775,  are  hereby  ratified  and 
confirmed,1  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  1st  of 
May  1775,  shall  sue  out  the  Writ  of  Appeal  within  Three  Months 


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


682 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 


to  be  pro-  after  the  Publication  of  this  Ordinance,  after  which  Period  the 

secuted 

within  Three  same  will  not  be  allowed. 


Months. 

All  Matters 


Art  8.  All  Actions  instituted  in  any  of  the  Courts  of  Civil 


minecHn  an  J urisdiction  subsisting  in  the  Province  before  the  1st  of  May 
former  Court  1775,  or  in  those  established  since  the  1st  of  May  1775,  and 
be  trans^1' t0  remaining  undetermined  therein,  shall  be  transmitted  to  the 


Courtdof° the  Courts  of  Common  Pleas  hereby  established  for  the  respective 
Governor  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  S1  Louis,  in  the  City 
of  Quebec,  the  25th  day  of  February,  in  the  seventeenth 
year  of  the  Reign  of  our  Sovereign  Lord  George  the  Third, 
by  the  Grace  of  God  of  Great  Britain,  France  and  Ireland, 
King,  Defender  of  the  Faith  and  so  forth,  and  in  the  year  of 
our  Lord  1777. 

By  His  Excellency’s  Command 

J:  WILLIAMS 
C.L.C. 


(Copy)  Cap.  II. 

AN  ORDINANCE  TO  REGULATE  THE  PROCEEDINGS 
IN  THE  COURTS  OF  CIVIL  JUDICATURE  IN 
THE  PROVINCE  OF  QUEBEC.1 

Preamble.  Whereas  it  is  necessary  for  the  Ease  and  Convenience  of  His 

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


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


CONSTITUTIONAL  DOCUMENTS 


683 


SESSIONAL  PAPER  No.  18 


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

Suing  out 
the  Sum- 
mons. 


Attachment 
against  the 
Body  where 
a Debtor  is 
going  to 
leave  the 
Province. 
Declaration 
to  accom- 
pany the 
Writ. 


Service 

thereof. 


If  Defendant 
does  not  ap- 
pear. 


Judgment  to 
be  entered. 


If  Defend- 
ant appears, 
he  is  to  an- 
swer the 
Declaration. 


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 
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 
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 
to  be  entered  against  the  Defendant,  and  shall  award  such  Costs 
thereupon  as  they  shall  think  reasonable,  and  issue  such  Execu- 
tion 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, 


684 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 


If  the  Plain- 
tiff does  not 
attend,  the 
action  to  be 
dismissed 
with  costs. 


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  prose- 
cute 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  Facts,  the  Court  shall  ascertain  and  order  the  Clerk  to  take  down 

differ  in  their  . . 

state  of  in  Writing,  such  Facts,  material  to  the  Decision  of  the  Cause  as 
fhaifasce^  it  will  proceed  to  receive  Proof  upon,  and  appoint  a Day  for 
Facts  neces  hearing  such  Proofs  as  the  Parties  shall  think  proper  to  produce, 
sarytobe  Art  6.  In  all  Cases  where  Witnesses  are  produced  they  shall 

pro\ed.  examined  and  Cross  Examined,  viva  voce,  in  Open  Court, 

Manner  of  ex-yniegg  some  good  Reason  is  shewn  to  the  Judges  for  departing 
nesses Ctheir  from  this  Rule  in  particular  Cases.  The  Examinations  of  the 
S'SSST'WitnesBes  shall  be  taken  down  in  Writing  by  the  Clerk,  and  filed 
Writing  among  the  Records  of  the  Court. 

English  Art  7.  In  the  Proof  of  all  Facts  concerning  Commercial 

Evidence  Matters  Recourse  shall  be  had  in  all  the  Courts  of  Civil  Juris- 
Commerdai  diction  in  the  Province,  to  the  Rules  of  Evidence  laid  down  by 
Cases.  the  English  Laws.1 

Of  Appeals.  Art  8.  The  Party  meaning  to  Appeal  from  any  Sentence 

Party  appeal-or  Judgment  of  any  of  the  Courts  of  Common  Pleas,  shall  sue 

^Writ^corn-1  out  a Writ  from  the  Court  of  Appeals,  tested  and  signed  by  the 

manding  the  Governor,  Lieutenant  Governor,  or  Chief  Justice,  stating  that 
Judges  to  . . u 

send  up  the  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  Pro- 
ceedings 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  Appel- 
lant has  given  the  requisite  Security,  and  when  allowed,  the 
Clerk  of  the  Court  shall  proceed  to  comply  with  the  Order  of  the 
Writ,  and  the  Judges,  or  any  Two  of  them,  shall  make  their 
Return  against  the  Return  Day  thereof. 

The  Appel-  Art  9.  If  the  Appellant  does  not  within  Eight  Days  after 

1 ant  to  file  his  . . . , 

reasons  of  the  Return  of  the  said  Writ,  and  the  I ransmission  of  the  Pro- 

Eighf Days,  ceedings,  file  his  Reasons  of  Appeal,  the  Appellee  shall  obtain 

a Rule  or  order,  that  unless  the  Appellant’s  Reasons  of  Appeal 


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


CONSTITUTIONAL  DOCUMENTS 


685 


SESSIONAL  PAPER  No.  18 


Appellee  to 
file  his  an- 
swers in 
Eight  Days. 


The  Court, 
on  good  1 


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  pre- 
cluded 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 
Cause  shewn, may,  upon  Application  made,  and  good  cause  shewn  by  either 

to  prolong  the  . , ^ . , ...  . . . . , , 

Time  above  ol  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 
executi  nt  Juc^es  die  Court  below,  and  a Copy  thereof  served  on  the 
issue  in  case  Appellee  or  his  Agent  within  Fifteen  days  after  any  Judgment 
Appeal  be°notS^ven  in  the  Court  of  Common  Pleas,  Execution  shall  issue,  and 
allowed.  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 
the  Datr°of  Jurisdiction  shall  be  a Writ  issuing  in  the  King’s  Name, 


Day  to  be 
fixed  for  hear 
ing  the 
Cause. 


In  Fifteen 
days  after 
Judgment, 


No  appeal 
allowed  after 


the  Judg- 
ment. 


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  Execu-  Court  between  the  Parties,  and  the  kind  of  Execution  which  the 
of  the  Writ  Law,  according  as  the  case  may  be,  shall  direct,  whether  the 


686 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 


of  Exe- 
cutions. 


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  Indorse- 


ment signed  by  the  Judge. 


Personals  to 
be  first  dis- 


Art  15.  In  all  Cases  where  execution  shall  issue  against 


posed  of,  and  Real  and  Personal  Estates,  the  Sheriff  shall  first  dispose  of  the 
Real  Estate  Personal  Property,  and  if  the  Proceeds  thereof  fall  short  of  the 
to  be  sold.  Amount  of  the  Judgment  the  Real  Estate,  or  so  much  thereof, 
as  will  produce  the  Amount,  shall  be  sold  for  that  Purpose. 


Manner  of 
selling  Per- 
sonals. 


Manner  of 
selling  Real 
Property. 


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  §aid  Sale  at 
the  Church  Door  of  the  Parish  in  which  the  Premisses  are  situated, 
immediately  after  Divine  Service,  on  the  Three  Sundays  next 
preceding  the  same  and  Cause  a Copy  of  the  said  Advertisement 
to  be  fixed  on  the  Door  of  the  Parish  Church. 


When  Two 
or  more 


Art  18.  If  Two  or  more  Writs  of  Execution  shall  be  issued 

Writs  of  Exe- upon  Judgments  given  the  same  Day  against  the  same  Defendant 

cution _ issue  or  Defendants,  and  so  marked  on  the  Writs,  such  Executions 

ments  given  shall  have  the  same  Privilege  and  be  satisfied  in  the  same  Pro- 
£ho  same 

Day,  they  areportions,  and  the  Sheriff,  or  other  Person  to  whom  such  Writs 
fied  inthe"  °f  Execution  shall  be  Awarded,  receiving  the  same,  is  hereby 
same  Pro-  authorized  and  Commanded,  after  the  sale  of  the  whole  of  such 
Defendant’s  Real  and  Personal  Estate,  where  the  Writ  shall  be 


awarded  against  both,  in  case  the  same  should  not  be  sufficient 
to  satisfy  the  whole  of  such  Judgments,  to  pay  over  and  divide 
the  Nett  Produce  of  such  sale  or  Sales,  after  deducting  his  own 
Costs  and  Charges,  amongst  the  several  Plaintiffs,  in  Proportion 
to  the  Amount  of  their  Respective  Judgments. 


Allowance  to 
the  Sheriff. 


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


CONSTITUTIONAL  DOCUMENTS 


687 


SESSIONAL  PAPER  No.  18 


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. 

iSSSr)  Day  of  17 

A.  B.  Plaintiff.  C.  D.  Defend- 

ant. — The  Plaintiff  demands  of  the  Defendant  the  Sum  of 
due  to  the  Plaintiff  from  the  Defendant,  for 
which  said  Sum,  though  often  demanded,  still 
remains  due,  therefore  the  Plaintiff  prays  Judgment.” 

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

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


“You  are  hereby  commanded  and  required  to  pay  the  Plaintiff 
“A.  B.  the  above-mentioned  Sum  of  together  with 

“Costs,  or  else  to  appear  in  Person,  or  by  Your  Agent,  before  me, 
“at  the  Court  House  in  the  City  of  together  with  your 

“Witnesses,  if  you  have  any,  on  the  Day  of 

“when  the  matter  of  Complaint  against  you  as  ascertained  in 
“the  above  Declaration  will  be  heard  and  finally  determined, 
“otherwise  Judgment  will  be  given  against  you  by  Default — 
“E.  F.  Judge  of  the  Court  of  Common  Pleas.” 

This  Summons  shall  be  signed  by  one  of  the  Judges  of  the 
Court,  and  a Copy  thereof,  and  of  the  Declaration,  served  on  the 
Defendant  Personally,  or  left  at  his  Dwelling  House,  or  Ordinary 
Place  of  Residence,  with  some  grown  Person  there  ; and  the 
Person  serving  the  same  shall  inform  the  Defendant,  or  such 
grown  Person,  of  the  Contents  thereof.  If,  at  the  Time  mentioned 
in  the  Summons,  the  Defendant  does  not  appear  (Proof  of  the 
Service  thereof  being  produced  in  Court)  the  Judges,  or  any  one 
of  Them  shall  hear  the  cause  on  the  part  of  the  Plaintiff,  and 
make  such  order,  Decree,  or  Judgment,  and  award  such  reason- 
able 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 


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6-7  EDWARD  VII.,  A.  1907 

issue  till  the  next  Court  Day  after  Judgment  given  : the  Execu- 
tion 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,  Imple- 
ments of  Husbandry,  Tools  of  his  Trade,  and  one  Bed  and  Bed- 
ding, unless  his  other  Goods  and  Chattels  should  prove  insuffi- 
cient, 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  Mer- 
chants 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  Defend- 
ant 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. 


CONSTITUTIONAL  DOCUMENTS 


689 


SESSIONAL  PAPER  No.  18 


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  ans- 
werable 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*  Lewis  in 
the  City  of  Quebec,  the  Twenty  fifth  day  of  February, 
in  the  seventeenth  year  of  the  Reign  of  our  Sovereign 
Lord  George  the  Third,  by  the  Grace  of  God,  of  Great 
Britain,  France  and  Ireland,  King  Defender  of  the 
Faith  and  so  forth,  and  in  the  Year  of  our  Lord  One 
thousand  seven  hundred  and  seventy  seven. 

By  His  Excellency’s  Command 

J : WILLIAMS 
C.L.C. 


690 


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6-7  EDWARD  VII.,  A.  1907 


AN  ORDINANCE  FOR  ESTABLISHING  COURTS  OF 
CRIMINAL  JURISDICTION  IN  THE  PROVINCE 
OF  QUEBEC.1 

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  ; 
the  said  Court  shall  be  held  before  the  Chief  Justice  of  the  Pro- 
Chief  justice  vince,  or  Commissioners  that  may  be  appointed  for  executing  the 
or  Commis  Q^ce  Q^f  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 
?tUMontreai°  Year,  Four  Sessions  of  the  said  Court  of  King’s  Benc-h,  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, 
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  Monda}7  of  March  and  the  First  Monday  of  Sept- 
ember in  every  year  : but  nothing  herein  contained  shall  extend 
to  prevent  the  Governor,  Lieutenant  Governor,  or  Commander 

Special  Com-  jn  chief  for  the  Time  being,  to  issue  Commissions  of  Oyer  and 
missions  to  be  . . 

issued  if  ne-  Terminer  and  Gaol  Delivery  at  any  other  Time  or  Times,  when 
he  may  think  it  necessary  and  expedient  so  to  do. 


Establish- 
ment of  a 
supreme 
Court  of 
Criminal 
Justice, 


to  be  held 
before  the 


sioners  for 
executing 
that  office. 


Four 
Sessions; 
Two  at 


Times  of 
Sitting. 


cessary. 


Art.  II. 


Establish- 
ment of  the 
Court  of 
Quarter  Ses- 
sions. 


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 


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


CONSTITUTIONAL  DOCUMENTS 


691 


SESSIONAL  PAPER  No.  18 


Places  and 
Times  of 
Sitting. 


Two  Com- 
missioners to 
sit  weekly. 


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  Legis- 
lative 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. 


Captains  of 
Militia  im- 
powered  in 
their  res- 
pective 
Parishes  to 
act  as  Cor- 
oners. 


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


Art.  IV. 


Captains  of 
Militia 


And  as  great  Inconveniences  might  arise  from  the  want  of 


appointed  Peace  Officers  in  different  parts  of  the  Province,  the  said  Captains 

in  their  of  Militia  shall  be  and  hereby  are  impowered  to  arrest  any 

Panshes!6  Person  guilty  of  any  Breach  of  the  Peace,  or  any  Criminal 


offence,  within  their  respective  Parishes,  and  to  convey  or  cause 
to  be  conveyed,  such  Person  before  the  nearest  Commissioner 


of  the  Peace,  to  be  dealt  with  according  to  Law. 

(signed) 


GUY  CARLETON 


Ordained  and  Enacted  by  the  Authority  aforesaid,  and 
passed  in  Council  under  the  Great  Seal  of  the  Province 
at  the  Council  Chamber,  in  the  Castle  of  S1  Lewis,  in 


692 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

the  City  of  Quebec,  the  Fourth  Day  of  March,  in  the 
seventeenth  year  of  the  Reign  of  our  Sovereign  Lord 
George  the  Third,  by  the  Grace  of  God  of  Great  Britain 
France  and  Ireland,  King,  Defender  of  the  Faith  and 
so  forth,  and  in  the  Year  of  Our  Lord  One  thousand 
seven  hundred  and  seventy  seven. 

By  His  Excellency’s  Command. 

J:  WILLIAMS 

C.L.C. 

PLAN  FOR  THE  ESTABLISHMENT  OF  A CHAMBER  OF  COM- 
MERCE FOR  THE  CITY  & DISTRICT  OF  QUEBEC.1 

Art.  1st 

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


Art.  2nd 

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


Art.  3rd 

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


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


CONSTITUTIONAL  DOCUMENTS 


693 


SESSIONAL  PAPER  No.  18 


Art.  4th 

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


Art.  5th 

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

Art.  6th 

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

Art.  7th 

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


Art.  8th 

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


694 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 


Art.  9th 

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

Council  Office  a copy. 

3rd  April  1777  J.  WILLIAMS. 

PETITION  OF  MERCHANTS  FOR  REPEAL  OF  QUEBEC  ACT.1 


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  appre- 
hending the  inconveniences  which  have  since  really  arisen  from  the  operation 
of  an  act  of  Parliament  passed  in  the  Year  1774  for  establishing  the  Govern- 
ment 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.2 

We  beg  leave  to  inform  your  Lordship,  that  from  the  reduction  of 
Canada  till  May  1775  when  the  above  mentioned  act  took  place,  the  in- 
habitants 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.3  It  cannot 
be  wondered  at  if  under  such  circumstances,  Discontents,  and  even  Dis- 
satisfaction to  his  Majesty’s  Government  should  have  crept  in. 


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

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

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


CONSTITUTIONAL  DOCUMENTS 


695 


SESSIONAL  PAPER  No.  18 

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,1  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.2 

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,3  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  consider- 
ation 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 

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

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

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


696 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

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 

London  2 April  1778. 
Wm  Smith 
Josiah  Blackley 
John  Macdonald 
William  Grant 
Wm  Aird 
Isaac  Todd 
William  Shaw 


is  essentially  necessary  to 
(signed) 

Wm  Lindsay 
Jno  Shannan 
Edwards  Watts 
Dan1 * * * * * *  Sutherland 
Charles  Paterson 
James  Finlay 
Allan  Paterson 
Alexr  Fraser 


the  happiness  of  both. 


Chas  Grant 
Alexr  Davidson 
Adam  Lymburner 
Tho8  Aylwin 
John  Salmon 
John  Paterson 
Jean  H.  D.  Hemair 
Rob*  M.  McWilliams 
John  Pagan 
Randle  Meredith 


INSTRUCTIONS  TO  GOVERNOR  HALDIMAND.1 

(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*  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 

1 Canadian  Archives,  Q 26  B,  p.  213.  For  some  time  there  had  been  an  obvious  lack  of 

harmony  between  Germain  and  Carleton,  but  when  Burgoyne  was  selected  instead  of  Carleton 

to  conduct  the  expedition  to  Albany,  t\ie  latter’s  indignation  knew  no  bounds  and  his  despatches 

to  his  chief,  the  Colonial  Secretary,  became  anything  but  respectful.  Thus,  though  Carleton 
was  in  favour  at  Court,  it  was  decided  to  remove  him.  The  King,  in  writing  to  Lord  North  and 
referring  to  a subsequent  appointment  for  Carleton  says,  “Carleton  was  wrong  in  permitting  his 
Pen  to  convey  such  asperity  to  a Secy  of  State,  and  therefore  has  been  removed  from  the  Gov‘ 
of  Canada.  But  his  meretorious  defence  of  Quebec  made  him  a proper  object  of  military  reward, 
and  as  such  I cd  not  provide  for  any  oer  Gen1  till  I paid  the  Debt  his  services  had  a right  to  claim." 
Brougham's  “Statesmen  of  the  Time  of  George  III,”  p.  107.  It  was  not,  however,  so  easy  to 
find  a suitable  successor  for  Carleton.  On  Feb.  24th,  1777,  the  King  writes  to  North, — “Ld 
G.  G.  wall  tomorrow  propose  Clinton  for  Canada,”  ibid.,  p.  97.  This  proposal  however  was  not 
realized.  Meantime  Carleton,  in  his  correspondence  with  Germain,  had  thrown  off  all  restraint 
and  was  openly  insulting.  On  the  27th  of  June,  1777,  he  expressed  the  hope  that  he  might  be 

permitted  to  return  to  Britain  that  autumn.  Burgoyne,  fearing  that  he  might  be  selected  to 
follow  Carleton  at  Quebec,  in  a letter  to  Germain,  on  July  30th,  begs  most  respectfully  to  decline 

the  possibility  of  the  appointment.  He  in  turn  recommends  Phillips,  one  of  the  British  generals 
associated  with  him  on  the  expedition,  but  is  doubtful  of  his  willingness  to  accept.  Ultimately, 

Haldimand,  who  was  then  Inspector  General  of  the  forces  in  the  West  Indies,  w'as  selected  for 
the  Quebec  Governorship,  and  informed  of  the  fact  in  August.  He  was  unable  to  reach  Quebec 
before  June  30,  1778,  during  which  time  Carleton  retained  his  position.  Haldimand  was  a Swiss 
soldier  of  fortune  in  the  British  service.  He  had  been  employed  in  the  war  for  the  conquest  of 

Canada,  and  was  in  command  for  a time  at  Three  Rivers  and  Montreal,  hence  he  knew  something 
of  the  country  and  its  problems. 


CONSTITUTIONAL  DOCUMENTS 


697 


SESSIONAL  PAPER  No.  18 

reposed  in  you,  You  are  to  take  on  You  the  Administration  of  the  Govern- 
ment, & 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*  Hector 
Theophilus  Cramah6  Esqr  Our  Lieutenant  Governor  of  Our  said  Province, 
or  Our  Lieutenant  Governor  of  Our  said  Province  for  the  time  being,  Peter 
Livius  Esqr  Our  Chief  Justice  of  Our  said  Province,  or  Our  Chief  Justice  of 
Our  said  Province  for  the  time  being,  Hugh  Finlay,  Thomas  Dunn,  James 
Cuthbert,  Francis  L’Evesque,  Edward  Harrison,  John  Collins,  Adam 
Mabane,  Chaussegros  de  Lery,  George  Pownall  Esqr  Our  Secretary  of  Our 
said  Province,  or  Our  Secretary  of  Our  said  Province  for  the  time  being, 
George  Alsopp,  La  Corne  S*  Luc,  Alexander  Johnston,  Conrad  Gugy, 
Picotte  de  Belestres,  John  Fraser,  Henry  Caldwell,  John  Drummond, 
William  Grant,  Rocque  S*  Ours  Junior,  Francis  Baby,  & 

De  Longueuil  Esqrsl  every  one  of  which  respectively  shall  enjoy  his  Office 
of  Councillor  aforesaid  for  & during  Our  Will  and  Pleasure,  & his  Residence 
within  Our  said  Province  of  Quebec,  & not  otherwise. — 

(The  following  sections  of  the  Instructions  to  Haldimand  are  identical  with  the  General 
Instructions  to  Carleton  of  3d  Jan^,  1775 — omitting  the  latter  part  of  section  9 as  shown2 — and 
adding  section  16,  as  follows.) 

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

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

The  Usual  Trade  Instructions3  were  signed  & dated  as  above. 

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

* See  p.  597. 

* See  p.  620. 


698 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

CARLETON’S  DISMISSAL  OF  CHIEF  JUSTICE  LIVIUS.1 

Whitehall,  March  2nd  1779. 

To  the  King’s  Most  Excellent  Majesty. 

May  it  please  Your  Majesty, 

In  obedience  to  your  Majesty’s  Commands,  we  have  taken  into  our 
consideration  the  humble  Memorial  of  Peter  Livius  Esqr.  appointed  by 
your  Majesty  to  be  Chief  Justice  of  the  Province  of  Quebec,  complaining 
of  his  having  been  amoved  from  his  said  office  by  order  of  Sir  Guy  Carleton, 
Knight  of  the  Bath,  late  your  Majesty’s  Governor  of  that  Province,  without 
assigning  any  cause,  and  without  authority  for  so  doing;  and  praying,  that 
Sir  Guy  Carleton  may  be  now  required  to  assign  the  reasons  for  his  Amoval; 
and  that  the  same  may  be  enquired  into;2  we  have  thereupon,  in  pursuance 
of  our  duty,  required  of  Sir  Guy  Carleton  a communication  of  the  reasons, 
which  induced  him  to  displace  Mr  Livius;3  and  having  received  for  answer, 
that  he  had  stated  those  reasons  in  one  of  his  last  Letters4  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  Min- 
utes of  the  legislative  Council  in  their  last  Session,  we  have  examined 
those  Minutes,5  together  with  the  Letter  referred  to  by  Sir  Guy  Carleton, 
(Copy  of  which  has  been  communicated  to  us  by  Lord  George  Germain;) 
and  having  made  known  to  Mr  Livius  the  matter  in  Charge  against  him  we 
did  appoint  a day  for  hearing  him  in  his  defence,  and  gave  notice  thereof 
to  Sir  Guy  Carleton,  that  he  might  attend,  and  make  good  hi$  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,6 
we  proceeded  on  the  day  appointed  to  hear  and  consider,  what  Mr  Livius 
had  to  offer  in  his  Justification  and  defence,  and  now  beg  leave  humbly  to 
represent  to  your  Majesty, 

That,  before  we  proceed  to  examine  the  papers,  to  which  we  are  referred 
for  proofs  of  Mr  Livius’s  misconduct,  we  think  it  necessary  to  premise, 
that  no  part  of  the  Charges  contained  in  those  Papers  apply  to  impeach 


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

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

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

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

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

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


CONSTITUTIONAL  DOCUMENTS 


699 


SESSIONAL  PAPER  No.  18 

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,1  was  graciously 
pleased  to  direct,  that  he  should  not  displace  any  of  the  Judges,  Justices 
of  the  Peace,  or  other  officers  or  Ministers  without  good  and  sufficient 
cause,  which  he  was  to  signify  in  the  fullest  and  most  distinct  manner  to 
your  Majesty  by  one  of  your  Majesty’s  principal  Secretaries  of  State,  and 
to  your  Majesty’s  Commissioners  for  Trade  and  Plantations,  for  their 
information,  we  shall  now  proceed  to  examine  his  conduct,  as  one  of  the 
legislative  Council;  and  beg  leave  thereupon  to  observe  to  your  Majesty, 

That  it  does  appear  to  us,  that  Your  Majesty’s  Council  of  Quebec 
were  called  together  by  the  late  Governor  for  the  purposes  of  Legislation  on 
the  23rd  of  March  last,  and  were  prorogued  by  his  order  on  the  25th  of  April 
following;  that  this  was  the  first  and  only  session  of  the  legislative  Council 
at  which  the  Chief  Justice  was  present;  and  that  during  the  period  of  this 
Session  he  constantly  attended;  That  upon  the  first  day  of  the  meeting,  the 
late  governor  being  present,  recommended  to  the  consideration  of  the  Coun- 
cil 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  Com- 
mittee for  Law  Fees;  that  upon  this  occasion  it  appears  on  the  Minutes, 
that  the  Chief  Justice  moved  in  the  following  words,  viz. 

"That  in  Order  to  regulate  the  fees  in  Compliance  with  his  Excellency 
“the  Governor’s  Recommendation,  the  Judges  of  the  Courts  of  Common 
“Pleas  for  the  Districts  of  Quebec  and  Montreal,  might  be  directed  to  furn- 
“ish  a State  of  the  Course  of  proceeding  in  their  respective  Courts,  and  of 
“such  Rules,  Orders  and  Notices  of  practice  as  they  have  made  to  regulate 
“the  Course  of  their  respective  Courts,  in  order  that  this  board  may  re- 
ceive the  Information  necessary  to  apportion  justly  the  fees  to  be  allowed 
“to  the  Labour  necessary  to  be  done.”2 

This  motion  being  rejected  upon  a Division,  the  Committe  proceeded 
on  their  Business;  but  before  they  were  prepared  to  make  their  Report,  it 
appears,  that  Mr  Finley,  joint  Post  Master  of  America,  and  Mr  Grant,  acting 
Receiver  General,  each  moved  certain  regulations  for  the  better  managing 
and  collecting  your  Majesty’s  Revenue  within  their  respective  Depart- 
ments; 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. 


1 See  Instructions  to  Carleton  1775,  p.  602. 

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


700 


CANADIAN  A RCH1  F£5 


6-7  EDWARD  VII.,  A.  1907 

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;  1 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  pro- 
positions, as  the  foundation  of  an  Ordinance  moved  for  by  Mr  Caldwell, 
one  of  the  said  Council,  and  rejected  by  a Majority,  it  is  stated  by  Mr 
Livius,  that  he  took  part  in  the  rejection  of  those  Motions,  and  the  Ordin- 
ance thereupon  dependent.  We  proceed  now  to  consider,  what  we  must 
believe  to  have  been  the  especial  Cause  of  Mr  Livius’s  removal;  the  two 
following  motions  made  and  proposed  by  him  in  Council,  the  first  of  which 
we  find  in  the  Minutes  of  the  8th  of  April  in  the  following  words,  viz. 

“The  Chief  Justice  moved  That  this  board  not  having  hitherto  had 
“Communication  of  his  Majesty’s  Instructions  for  making  and  passing 
“Laws  in  this  province,  His  Excellency  the  Governor  be  humbly  requested 
“to  communicate  to  this  board,  such  royal  Instructions  as  he  may  have 
“received,  relative  to  the  Legislation  of  this  province,  and  he  may  think 
“are  proper  to  be  disclosed  to  us;  In  order  that  this  legislative  Council  may 
“dutifully  endeavour  to  conform  themselves  to  his  Majesty’s  Intentions, 
“and  that  they  may  so  far  as  they  are  able,  carry  into  Effect  his  Majesty’s 
“most  gracious  purposes  for  the  good  Government  of  his  Subjects  in  this 
“province.’’2 

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  com- 
mands, by  imparting  to  the  Council  such  and  so  many  of  your  Majesty’s 
Royal  Instructions,  as  he  may  have  been  directed  to  communicate,  or  may 
find  convenient  so  to  do;  and  it  is  our  duty  on  this  occasion  to  observe,  that, 
if  none  of  your  Majesty’s  said  Instructions  had  at  that  time  been  laid  before 
the  Council  Board,  the  Motion  appears  fully  warranted  by  the  7th  Article 
of  your  Majesty’s  said  Royal  Instructions,  by  which  Article  your  said 
Governor  is  directed  forthwith  to  communicate  such  and  so  many  of  those 
your  Majesty’s  Instructions  to  your  said  Council,  wherein  their  advice 
and  consent  are  mentioned  to  be  requisite,  as  likewise  all  such  others  from 
time  to  time  as  he  should  find  convenient  for  your  Majesty’s  Service  to 


1 See  Instructions  to  Carleton,  1775,  p.  597. 

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


CONSTITUTIONAL  DOCUMENTS 


701 


SESSIONAL  PAPER  No.  18 

be  imparted  to  them:  By  a Communication  of  these  Instructions,  particu- 
larly the  10th,  11th,  12th  and  13th  your  Majesty’s  Gracious  ends  and  designs 
in  the  constitution  proposed  for  the  Province  of  Quebec,  and  the  effectual 
Security  to  personal  liberty,  held  forth  to  all  men  under  the  Common  Law 
of  this  Realm,  would  have  been  fully  manifested;  neither  do  we  see  how  the 
said  Council,  empowered  as  they  are  by  Act  of  Parliament  to  all  purposes 
of  Legislation  jointly  with  the  Governor,  could,  without  this  communication 
be  so  well  instructed  either  in  their  own  duty,  or  in  your  Majesty’s  gracious 
Will  and  Pleasure,  as  to  what  might  be  fitting  to  be  provided  for  by  Law 
within  the  Province  agreeable  to  the  Act  of  Parliament,  intituled,  “An 
“Act  for  making  more  effectual  provision  for  the  government  of  the  Province 
“of  Quebec  in  North  America.” 

Wherefore  lest  your  Majesty’s  present  Governor  should  not  in  due  time 
advert  to  this  part  of  his  duty;  and  lest  a constitution,  calculated  to  promote 
the  welfare  and  happiness  of  your  Majesty’s  Subjects  there,  and  adapted 
to  the  peculiar  circumstances  of  that  province,  should  be  mistaken  or  with- 
held, 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.1 

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

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

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


1 The  additional  Instruction  here  recommended  was  duly  issued  29th  March,  1779,  see  p.  70S. 


702 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

“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,  Appro- 
bation 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  specu- 
lation, 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.”1 

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

The  Fact  asserted  by  this  Motion,  is  that  your  Majesty’s  then  Governor 
was  pleased,  by  order  of  the  8th  day  of  August  1776,  to  appoint  a Council 
(calling  the  same  a Privy  Council,)  to  consist  only  of  five  particular  persons 
in  the  said  Order  named,  and  of  such  others,  as  the  Lieutenant  Governor 
should  think  proper  to  send  for;  and  the  Motion  goes  on  to  say,  that  the 
five  persons,  so  named,  have  proceeded  to  act  to  the  exclusion  of  your  Maj- 
esty’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  con- 
veniently 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  trans- 
acting 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.”2 


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

* See  Instructions  to  Carleton,  1775,  p.  595. 


CONSTITUTIONAL  DOCUMENTS 


703 


SESSIONAL  PAPER  No.  18 

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  Instruc- 
tions, confirm  to  the  Council  at  large  the  Trusts,  Powers,  & Privileges 
intended  to  be  repared  & vested  in  them  by  your  Majesty’s  said  General 
Instructions.* 1 

This  being  submitted,  it  is  our  duty  to  lay  before  your  Majesty  the 
proceeding,  to  which  the  Chief  Justice’s  Motion  refers;  and  we  find  in  the 
Minutes  of  Council  of  the  8th  of  August  1776,  that  the  Governor,  with  the 
Lieut.  Governor,  Hugh  Finlay,  Thomas  Dunn,  John  Collins,  and  Adam 
Mabane,  being  the  only  Members  present,  appointed  the  said  five  Members 
a Board  of  Privy  Council,  and  ordered  “That  they  examine  & report  upon 
“the  provincial  accounts  down  to  the  first  of  May  last,  the  Military  contin- 
“gent  Accounts  for  the  defence  of  the  Province  to  the  time  of  discharging 
“the  Militia  of  the  City  of  Quebec;  the  Indian  Contingent  Accounts,  in- 
cluding the  Bills  drawn  at  Oswegatche,  Niagara,  Detroit,  and  Michili- 
“mackinac,  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  Inhabit- 
ants 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  mem- 
“bers  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.”2 

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

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


CANADIAN  ARCHIVES 


I 

704 


6-7  EDWARD  VII.,  A.  1907 


Having  thus  at  large  recited  the  Minute  to  which  the  Motion  refers, 
the  whole  of  Mr  Livius’s  conduct  in  Council  is  before  Your  Majesty,  and 
submitted  to  your  Royal  Wisdom;  but  your  Majesty  having  been  pleased  to 
require  our  Opinion  in  the  Case,  it  is  our  duty  to  say,  that,  altho’  it  were 
much  to  be  wished,  that  the  last  of  the  above  recited  Motions  had  been 
propounded  in  terms  more  studiously  guarded,  and  to  appearance  not  so 
offensive  to  the  Governor;  yet  upon  a full  Review  of  these  proceedings, 
without  entering  into  any  discussion  of  the  Authority  assumed  by  the 
Governor  in  the  mode  of  removal,  there  does  not  appear  to  us  good  and 
sufficient  cause  for  displacing  Mr  Livius;  especially  when  we  consider, 
what  has  been  before  observed,  that  no  complaint  or  imputation  whatever 
has  been  prefer’d  against  him  in  his  Judicial  Capacity.1 

Which  is  most  humbly  submitted, 

Soame  Jenyns, 

Bamber  Gascoyne, 

William  Jolliffe, 

C.  F.  Greville, 

Thomas  de  Grey,  Junr 
Robt.  Spencer. 


Whitehall, 
March  2d  1779. 


[L.S.] 

George  R 

Additional  Instruction  to  Our  Trusty  & Welbeloved  Frederick 
Haldimand  Esqr  Our  Captain  General  and  Governor  in  Chief 
in  & over  Our  Province  of  Quebec  in  America,  & of  all  Our 
Territories  dependent  thereupon. — Given  at  Our  Court  at 
S*  James’s  the  Twenty  Ninth  day  of  March  1779.  In  the 
Nineteenth  Year  of  Our  Reign.2 

Whereas  by  the  Second  Article3  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 

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

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

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


00 


So 

QJ 

3 

a 


CONSTITUTIONAL  DOCUMENTS 


705 


SESSIONAL  PAPER  No.  18 

such  Quorum,  terming  the  same  a Privy  Council,  or  to  excuse  you  from 
summoning  to  Council  all  such  thereunto  belonging  as  are  within  a con- 
venient 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.S0 

Additional  Instruction  to  Our  Trusty  & Well  beloved  Frederick 
Haldimand  Esquire  Our  Captain  General  & Governor  in 
Chief  in  and  over  Our  Province  of  Quebec  in  America,  and  of 
all  our  Territories  dependent  thereupon.  Given  at  our  Court 
at  S*  James’s  the  Twenty  Ninth  day  of  March  1779  In  the 
Nineteenth  Year  of  Our  Reign.1 

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  In- 
structions 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.2  G.  R. 


oo 


3^ 


CJ  o O 

V 

3 

a 


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

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


706 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 


George  R. 


Additional  Instruction  to  Our  Trusty  and  Welbeloved  Frederick 
Haldimand  Esquire,  Our  Captain  General  and  Governor  in 
u o o Chief  in  and  over  Our  Province  of  Quebec  in  America,  or  to 

% the  Commander  in  Chief  of  Our  said  Province  for  the  Time 


5 [L.S.] 


o 

3 


S being.  Given  at  Our  Court  at  S*  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.1 


G.  R. 


memorandum  drawn  up  by  Mr.  Livius,  without  date  but  evidently  while  he  was  in 
Britain,  proposed  an  amendment  to  the  judicial  system  of  the  Province:  ‘‘In  order  that  impartial 
& Substantial  Justice  may  be  easily  attained  in  Canada  by  a course  of  Law,  three  Points  are 


CONSTITUTIONAL  DOCUMENTS 


707 


SESSIONAL  PAPER  No.  18 

OPINIONS  OF  MEMBERS  OF  COUNCIL  ON  EXECUTING  THE 
INSTRUCTIONS  OF  16th  JULY  1779.1 
The  question  now  is, 

Whether  it  is  expedient 
to  put  in  execution  His 
Majesty’s  additional  In- 
struction To  His  Excellency 
the  Governor  dated  in  July 
last,  requiring  alterations 
to  be  made  in  the  courts 
of  Appeals  and  Common 
Pleas. 

Every  Member  of  this  Honorable  Board  is,  no  doubt,  well  inclined  to  pay 
all  due  obedience  to  the  King’s  commands — The  alterations  required  by 
His  Majesty  are  expressly  said  to  be  for  the  purpose  of  benefitting  his 

principally  to  be  attended  to:”  The  three  points  are, — “First — to  interpose  such  an  Authority 
between  the  Sword  & the  People,  that  they  may  not  be  oppressed  by  any  Person  using  the 
Generals  name.”  &c.  2dly,  “To  divide  the  supreme  Judicial  from  the  Legislative  Authority 
which  are  now  conjoined  in  precisely  the  same  Persons,  viz  the  Council:”  &c.  3rdly  “Toestablish 
some  Judicatory  for  small  causes  arising  at  a great  distance  from  the  Seat  of  the  Ordinary  Court 
in  each  district.”  These  features,  and  especially  the  latter  two,  are  discussed  at  some  length, 
with  detailed  suggestions  for  bettering  the  system.  See  Q 16 — 1,  p.  3.  On  May  6th  the  Lords 
of  Trade  sent  an  official  communication  to  Richard  Jackson,  the  Counsel  of  the  Board,  saying 
that  it  had  under  consideration  “what  Amendments  it  may  be  expedient  to  propose  to  His 
Majesty  in  the  constitution  of  the  Courts  of  Common  Pleas  within  the  Province  of  Quebec,” 
Hence  they  “desire  your  opinion  for  their  Lordships  information,  ‘whether  it  is  not  fitting  and 
‘expedient  for  the  better  distribution  of  Justice  in  Matters  of  Property,  that  the  Chief  Justice, 
‘(whose  function  is  at  present  confined  to  the  cognizance  of  Criminal  Causes  only)  should  also 
‘preside  in  the  Courts  of  Common  Pleas  established  for  the  Districts,  into  which  the  Province 
‘is  divided;  and  if  so,  at  what,  and  how  many  periods  in  the  course  of  the  year  his  presence  should 
‘be  required  so  as  best  to  satisfy  the  convenience  of  Parties  resorting  to  his  judgment,  and  least 
‘to  interrupt  and  obstruct  the  other  Duties  of  his  office;  also  whether  any  objection  lies  against 
‘his  sitting  as  a member  of  the  Council  upon  Appeals  from  Courts,  where  he  has  presided  in 
‘judgment  upon  the  causes;  and  if  so,  what  regulations  you  would  recommend  as  to  his  inter- 
ference in  the  Council  upon  such  Appeals,  whether  by  barring  him  from  Vote,  or  even  from 
‘Debate,  unless  called  upon  to  give  information  in  the  same,  likewise  whether  any  regulation 
‘is  advisable  as  to  the  persons  composing  the  Council  in  cases  of  Appeal;  and  whether  in  such 
‘cases  the  Council,  shall  proceed  to  examine  and  correct  all  Errors  both  of  fact  and  Law,  and 
‘admit  new  or  further  Evidence.’  " Q 18 — B,  p.  157.  Jackson  reported  in  favour  of  the  pro- 
posed change,  and  most  of  his  suggestions  were  embodied  in  the  Instruction.  C.O.  42,  v.  9,  p.  106. 
On  July  1st  the  Board  of  Trade  reported  to  the  King  in  Council  on  the  system  of  justice  in  Quebec 
and  the  Ordinances  passed  there  in  1777,  “and  we  thereupon  humbly  beg  leave  to  represent 
to  your  Majesty,  that,  however  it  might  have  applied  to  your  Majesty’s  Governor  and  Legis- 
lative Council,  that  these  Ordinances  would  be  adequate  to  the  Salutary  purposes  for  which 
they  were  framed,  we  find  on  the  best  information,  that  they  are  in  many  instances  insufficient, 
and  particularly  for  that  the  official  duty  of  the  Chief  Justice  is  thereby  confined  to  matters 
criminal  and  cases  of  Appeal;  and  that  the  frequency  of  Appeals  from  the  Courts  of  Common 
Pleas,  under  their  present  Establishment,  is  attended  with  every  manifest  inconveniencies  to 
your  Majesty’s  Subjects,”  Q 18 — B,  p.  160.  After  this  follows  the  substance  of  the  Instruction 
here  given.  On  Oct.  24th,  1779,  Haldimand  acknowledged  the  receipt  of  this  Instruction  and 
promised  to  lay  it  before  the  Council,  though  he  doubts  the  wisdom  of  making  any  changes 
under  the  existing  circumstances  of  the  Province.  He  promises  during  the  winter  to  give  his 
views  on  such  alterations  as  appear  to  him  practicable.  See  Q 16 — 2,  p.  621. 

1 Canadian  Archives.  See  Minutes  of  Leg.  Council,  vol.  D,  p.  62.  On  February  11th, 
1780,  Colonel  Caldwell  moved  that  the  following  question  be  put,  “Whether  it  is  the  opinion 
of  the  Board,  that  an  Ordinance,  such  as  is  directed  by  the  King’s  additional  Instruction  of  the 
16th  of  July,  1779,  would  be  for  the  advantage  of  this  Province,  and  would  tend  to  a more 
speedy  and  equal  distribution  of  Justice?”  Ibid.  p.  61.  On  February  14th,  the  motion  was 
voted  upon  and  defeated  by  12  to  6.  It  was  then  formally  “voted  and  resolved  that  an  Ordinance 
such  as  is  directed  by  the  King’s  additional  Instruction  of  the  16th  July,  1779,  would  not  be  for 
the  advantage  of  this  province,  nor  tend  to  a more  speedy  and  equal  distribution  of  Justice.” 
Whereupon,  “Mr.  Finlay,  Mr.  Cuthbert,  Mr.  Pownall,  Mr.  Allsopp,  Mr.  DeLery,  and  Mr.  Grant, 
moved  that  their  reasons,  for  their  voices  upon  this  Question  might  be  incerted  in  the  Minutes, 
resolved  accordingly.”  Ibid.  p.  62.  Their  opinions  are  recorded  as  here  given.  Follow- 


708 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

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  con- 
sequence of  their  Report  and  Advice,  the  Instruction  now  before  us  has 
been  framed.  For  that  reason,  it  would  be  high  presumption  in  me  to 
suppose  that  the  alterations  which  his  Majesty  enjoins  to  be  made,  would 
not  be  productive  of  the  good  intended;  It  is  therefore  my  Advice  that  an 
ordinance  be  passed,  deviating  as  little  as  possible  from  the  great  Outlines 
laid  down  in  the  Instruction,  but  to  have  its  operation  suspended  untill 
his  Majesty’s  further  pleasure  is  known. 

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

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

(Signed)  HUGH  FINLAY. 

Quebec  14th  February 
1780. 

OPINION  OF  GEO.  POWNALL.* 1 

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 

ing  Mr.  Finlay’s  opinion  comes  that  of  Mr.  Cuthbert,  who  simply  states  that  “Having  con- 
sidered the  same  I am  of  opinion  that  the  Ordinance  so  required  by  His  Majesty’s  Instructions 
should  pass  into  a Law,  under  such  Regulations  as  may  be  thought  necessary  for  the  Good  of  the 
Province;  and  desire  this  my  Vote  may  be  entered  in  the  Minutes  of  Council.”  Ibid.  p.  6.3. 

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

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


CONSTITUTIONAL  DOCUMENTS 


709 


SESSIONAL  PAPER  No.  18 

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.1 

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

That  an  ordinance  be  framed  and  passed  in  conformity  to  his  Ma- 
jesty’s royal  additional  Instruction  bearing  date  at  S*  James’s  the  16th 
day  of  July  1779,  with  a saving  clause  to  the  following  purport  ; 

That  neither  the  chief  Justice  nor  any  other  Judge  of  the  courts  of 
Appeals  or  Common  Pleas  shall  have  two  voices,  or  a preponderating  voice 
in  any  of  the  sd  courts,  there  appearing  by  this  new  regulation  to  be  intended 
eight  Judges  in  the  court  of  appeals,  and  four  in  each  of  the  courts  of  Com- 
mon 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. 


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


710 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  19C7 

OPINION  OF  MAJORITY  OF  LEGISLATIVE  COUNCIL  ON  THE 

INSTRUCTION  OF  JULY,  1779.1 2 

To  His  Excellency  Frederick 
Haldimand  Captain  General 
and  Governor  in  Chief,  in 
and  over  the  province  of 
Quebec  &ca  &ca  &«• 

The  Address  of  the  Legislative  Council  in  Council  assembled. 

The  Legislative  Council  having  taken  into  Consideration  His  Majesty’s 
royal  Instruction  of  the  16th  of  July  1779, 2 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 
Justice3  were  framed  and  prepared  from,  and  are  agreeable  to  his  Majesty’s 
14th  and  15th  instructions4  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  wrere  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  pro- 
vince, 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,5  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.6  The  people  had  been  accus- 
tomed 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. 

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

2 See  p.  706. 

3 See  pp.  679-690. 

4 See  p.  600. 

3 See  Ordinance  of  1764,  p.  205. 

6 See  Ordinance  of  1770,  p.  401. 


CONSTITUTIONAL  DOCUMENTS 


711 


SESSIONAL  PAPER  No.  18 

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  addi- 
tional objection  to  that  Mode  proposed  by  the  Instruction. 

For  these  reasons,  and  after  the  most  serious  and  deliberate  consider- 
ation 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  sen- 
sible, 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  re- 
pealed as  soon  as  the  ends  for  which  it  was  made  were  effected. 

H.  T.  CRAMAHE 

Council  Chamber  P.  L.  C. 

7th  March  1780. 

HALDIMAND  TO  GERMAIN.1 

Lord  Ge°  Germain  Quebec  25th  October  1780. 

My  Lord, 

The  Minutes  of  the  Proceedings  of  the  Legislative  Council  with  the  Ordi- 
nances2 which  have  been  passed  and  to  which  my  assent  has  been  given,  are 
transmitted  in  the  Danae  Frigate,  no  safe  opportunity  having  presented 

1 Canadian  Archives,  B.  54,  p.  354.  Given  also  in  Q 17-1,  p.  270.  This  letter  gives  Hal- 
dimand’s  report  on  the  proceedings  of  Council  from  Jan.  27th  to  April  12th,  1780.  Two  subjects 
engrossed  virtually  the  whole  attention  of  the  Council;  First,  the  communication  of  the  Gover- 
nor’s Instructions  and  the  expediency  of  acting  on  that  of  July  16th,  1779;  Second,  the  question 
as  to  the  constitutional  power  of  the  Council  to  prohibit  the  export  of  grain,  flour,  and  other 
food  stuffs,  or  to  fix  an  arbitrary  price  for  them.  Naturally  Haldimand  reviews  these  questions 
and  the  discussion  of  them  in  Council,  from  his  own  point  of  view. 

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


5 


712 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

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  Mess18  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 shillg8  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  ingross- 
ing, forestalling  and  regratting:1  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  C6tes,  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  Mer- 
chants 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,2  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 

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

2 See  B 78,  p.  23. 


CONSTITUTIONAL  DOCUMENTS 


713 


SESSIONAL  PAPER  No.  18 

which  had  perverted  the  Province.  Therefore  I ordered  the  Legislative 
Council  to  assemble  on  the  27th  of  January  and  recommended  the  high 
Priceof  Wheat  & Flour  (the  first  beingatthat  timeatten  Shillings  per  Bushel, 
the  other  at  40/.  per  100  lbs  for  the  worst  of  Flour)  to  their  serious  consider- 
ation.1 

A Committee  consisting  of  Mess"  Finlay,  Dunn,  Cuthbert  Harrison, 
Alsop,  S*  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  Pro- 
visions 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  regaining 
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  General2  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  Legis- 
lative Council  with  regard  to  the  Legality  of  the  measure,  as  if  the  Legis- 
lature 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"  Cramache, 
Finl[a]y,  Dunn,  Cuthbert,  L’Eveque,  Collins,  Pownall,  Alsop,  De  Lery, 
Harrison  & Grant  being  against  fixing  the  price — Mess"  Mabane,  Sl  Luc, 
Bellestre,  Gugy,  Fraser,  Caldwell,  SL  Ours  Longue[u]il,  Baby  and  Holland 
being  for  it.  Not  willing  to  disturb  the  Proceedings  of  the  Legislative 

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

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


714 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

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  meet- 
ing 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  pro- 
ceedings. The  Paper  was  filed  in  the  Council  Office,  it  is  here  annexed  as 
well  as  the  opinion  of  Mr  Williams,1  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.2 

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  Pro- 
visions 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  Sh  Lawrence.  This  Country 
is  in  peculiar  Circumstances,  whilst  the  Rebellion  continues  in  the  neigh- 
bouring 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 

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

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


CONSTITUTIONAL  DOCUMENTS 


715 


SESSIONAL  PAPER  No.  18 

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  Govern- 
ment, 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.1 — 

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  Ordi- 
nance 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.2 — 
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  pre- 
pared 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  Forestall- 
ed & 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 


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

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


716 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

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”  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,1 
an  Attorney  at  Montreal,  who  was  employed  to  deffend  an  Ingrosser  against 
whom  a Prosecution  had  been  Commenced,  that  the  Statute  of  Edward 
the  VIth  had  been  Repealed. 

The  Legislative  Council  had  agreable  to  that  Statute  inflicted  the 
Penalty  of  the  Pillory7  (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  Imprisone- 
ment — I was  therefore  under  the  necessity  to  re-assemble  the  Council,  to 
alter  that  Clause  of  the  Ordinance,  as  likewise  the  Title  of  it2 — 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  Council3 * * *  recommended  to  their  consider- 
ation 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 

1 William  Dummer  Powell  was  admitted  to  the  practise  of  Law  in  Quebec  Province,  1779, 

and  practised  in  the  Courts  of  Montreal.  He  carried  to  England  the  petition  for  the  repeal  of 
the  Quebec  Act  in  the  latter  part  of  1783.  He  was  afterwards  a Judge,  and  later  a member  of  the 

Legislative  Council  and  Chief  Justice  in  Upper  Canada. 

sThe  Ordinance  as  passed  was  entitled,  “An  Ordinance  Describing  the  persons  who  shall  be 

deemed  Forestallers,  Regrators  and  Ingrossers  in  this  Province,  and  inflicting  punishment  upon 

those  who  shall  be  found  guilty  of  such  offences.”  See  Ordinances,  1763-91,  p.  103. 

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


CONSTITUTIONAL  DOCUMENTS 


717 


SESSIONAL  PAPER  No.  IS 

time  by  Sir  Guy  Carleton’s  putting  an  End  to  the  Session  in  Consequence 
of  Motions  made  in  Council  by  Mr.  Livius  & others.1 

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.  Sur- 
rogate 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. 
Cramahe  at  that  time  Commanding  the  Province,  acquainting  him  that  the 
King  had  allowed  the  Judge  of  the  Vice  Admiralty  Court  at  Quebec  a 
Salary  of  £200  per  Annum  in  lieu  of  all  Fees. — 

The  Attorney  General  claimed  the  Fees  taken  in  the  Leeward  Islands 
in  Consequence  of  words  incerted  in  Mr.  Suckling’s  Mandamus  (tho’  that 
Attorney  General’s  Fees  are  regulated  in  Govr  Murray’s  Order  of  Council 
in  the  Year  1765)  and  implied  in  Mr.  Monk’s  Mandamus,  which  intitled 
him  to  all  Fees  taken  by  his  Predecessors — . He  was  Supported  in  his  Claim 
by  Messra  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.2  The  Fees  in  general  are  by  far  too  high, 
and  more  than  the  People  of  this  Province  can  bear. — The  Price  of  Pro- 
visions 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  expi- 
ration 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‘  which  they  nevertheless  exclaim 

There  was  an  Ordinance  passed  & assented  to,  relative  to  the  Maitres 
des  Postes,3  many  Members  were  averse  to  the  Legislative  Councils  inter- 
fering in  that  Business  for  the  present  as  they  wished  during  the  Continu- 
ance of  the  War  at  least  that  it  was  annexed  to  the  Quarter  Master  Generals 
Department,  or  to  that  of  the  Inspectors  of  the  Corvees. — 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 

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

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

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


718 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

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  Govern- 
ment as  I can  Confide  on,  & it  is  at  present  under  the  direction  of  Mr. 
Finlay,  who  has  Talents  & Experience  in  that  Department. — 1 

In  my  Speech  to  the  Legislative  Council2  I mentioned  the  Additional 
Instruction  of  the  16th  of  July  1779,  which  the  Lieu4  Govr  by  my  order 
communicated  on  the  28th  of  January  with  the  Letter  from  Your  Lordship 
accompanying  it.  I will  give  Your  Lordship  an  Account  of  the  Trans- 
actions 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.3 — 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  L4. 
Govr  nevertheless  Acquainted  the  L.  Council  at  their  next  meeting  that  I 
had  two  more  Instructions,  which  I did  not  think  proper  to  communicate 
for  Reasons,  which  I would  give  to  the  King.4  Some  Members’  wishing 
that  a Distant  Day  Should  be  appointed  for  taking  the  Instruction  into 
Consideration,  It  was  Resolved  accordingly,  and  in  the  mean  time  the 
Instruction  was  ordered  to  lie  on  the  Table  for  the  Consideration  of  the 
Members. 

On  the  Day  Appointed  for  that  Business  Mr.  Caldwell  moved  that  the 
Question  Should  be  put  ; whither  passing  an  Ordinance  agreable  to  the 
Instruction  of  the  16th  July5 6  would  either  contribute  to  the  Good  of  the 


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

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

3 See  ibid;  p.  61. 

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

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

6 See  note  1,  p.  707. 


CONSTITUTIONAL  DOCUMENTS 


719 


SESSIONAL  PAPER  No.  18 

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  theL.  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.1 

The  other  Business  of  the  Sessions  prevented  the  Address  from  being 
presented  till  the  7th  of  March.  Tho’  I was  convinced  of  the  Strength  and 
Truth  of  the  Reasons  which  were  contained  in  it.  I disapproved  of  the 
Manner  in  which  some  of  them  were  expressed  and  therefore  remanded  it 
to  be  re-considered  by  the  Legislative  Council2 — : However  irregular  Some 
of  them  might  think  this  proceeding,  the  Majority  did  not  hesitate  to  alter 
the  Expressions  which  had  given  me  Offence.  Mr.  Caldwell  further  Moved 
that  the  Original  Address  should  be  expunged  from  the  Minutes. — This 
was  Strongly  & very  inconsistently  opposed  by  Messrs  Finlay,  Alsop  & 
Grant,  who,  tho’  they  had  voted  against  it,  yet  as  it  was  capable  of  giving 
me  Offence  or  of  indisposing  the  King’s  Minister  against  the  Majority 
wished  Ardently  that  it  should  remain  on  the  Minutes.  In  this  the  Majority 
acquiesced.  Thus  the  Original  Address  is  preserved  in  the  Minutes.3 
I inclose  you  that,  which  was  presented  to  me,4  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”  Finlay,  Alsop,  Pownall  & Grant 
gave  me  on  the  Occasion,5  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 favor- 
able 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 

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

$ See  ibid.,  p.  81. 

3 See  ibid.,  pp.  76-7. 

4 See  p.  710. 

6 See  p.  707. 


I 


720 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

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  Sol- 
licited  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  Proclamation1  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.2  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  1 2th,  13th&  1 6th  Instruc- 
tions3 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  matters4  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 

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

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

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

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


CONSTITUTIONAL  DOCUMENTS 


721 


SESSIONAL  PAPER  No.  18 

them  ; they  Cannot  Reconcile  themselves  to  have  their  Property  deter- 
mined 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  Com- 
municate the  Instruction  relative  to  the  Security  of  Personal  Liberty.1 — 
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  Persons2  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,3  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 

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

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

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


722 


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6-7  EDWARD  VII.,  A.  1907 

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  agre- 
able to  Men,  w’ho  perhaps  have  had  private  Views  and  Resentments. 

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

Your  Lordships  Most  Obedient 
& Most  humble  Servant 

(Signed)  FRED  HALDIMAND. 

THE  LORDS  OF  TRADE  AND  PLANTATIONS  TO  HALDIMAND1 

1781.  Quebec 

April  10th 

Frederick  Haldimand  Esquire,  Governor  of  Quebec. 

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

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

2dly  The  Ordinance  for  the  Regulation  of  Fees. 

3<uy  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  Communi- 
cation 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 


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


CONSTITUTIONAL  DOCUMENTS 


723 


SESSIONAL  PAPER  No.  18 

therewith,  for  the  express  purpose  of  remedying  an  Abuse  which  prevailed 
in  the  method  of  transacting  Business  in  Council.1 

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,2 
from  some  expressions  in  your  Letter  we  are  led  to  suppose,  that  the  Legis- 
lative Council  might  look  upon  the  proposed  Regulations,  as  a measure 
proceeding  from  the  application  or  interference  of  Mr  Livius,  It  is  there- 
fore 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  communicat- 
ing to  the  legislative  Council  the  general  Instructions,  which  you  were 
particularly  directed  -to  do  by  the  additional  Instruction3  transmitted  to 


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

* See  p.  706. 

®See  p.  705. 


724 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

you  for  that  express  purpose;  And,  as  far  as  appears  to  us,  not  complying 
with  another  additional  instruction1  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  compli- 
ance with  which  rested  with  yourself  only,  is  a matter  of  too  serious  import- 
ance 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  resent- 
ments in  any  of  his  Majesty’s  Subjects  over  whom  you  preside,  will  so  far 
prevail,  as  to  interrupt  that  peace  and  harmony  which  we  sincerely  wish 
may  always  subsist  between  the  powers  governing  and  the  People  governed, 
in  every  part  of  His  Majesty’s  Dominions. 

We  are, 

Sir, 

Your  Most  Humble, 

Servants 

Grantham 

Thomas  de  Grey  Junr 
Andw  Stuart 
E.  Gibbon 
Hans.  Sloane 
Ben:  Langlois 

Whitehall 
April  10.  1781 

Exd 


1 See  p.  704. 


CONSTITUTIONAL  DOCUMENTS 


725 


SESSIONAL  PAPER  No.  18 

(Copy)  ORDINANCE  RE  PROCEEDINGS  OF  COURTS.1 

Anno  Vicesimo  Tertio  Georgii  III.  Regis. 

Chap.  I. 

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

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

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

(signed) 

FRED:  HALDIMAND 

« 

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

By  His  Excellency’s  Command. 

J:  WILLIAMS 
C.  L C. 


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


726 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 
TREATY  OF  PARIS,  1783.1 

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  inter- 
course 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  con- 
stitute, 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  Mas- 
sachusetts, 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  Con- 
gress 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 

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


CONSTITUTIONAL  DOCUMENTS 


727 


SESSIONAL  PAPER  No.  18 

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  govern- 
ment, 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;* 1  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  Lake2; 
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 


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

1 Rainy  Lake. 


728 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

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.1 

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  Inhabi- 
tants 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  Settle- 
ment, 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  bond 
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  Per- 
sons 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  univer- 
sally prevail.  And  that  Congress  shall  also  earnestly  recommend  to  the 
several  States,  that  the  estates,  rights,  and  properties  of  such  last-mentioned 

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


CONSTITUTIONAL  DOCUMENTS 


729 


SESSIONAL  PAPER  No.  18 

Persons  shall  be  restored  to  them,  they  refunding  to  any  Persons  who  may 
be  now  in  possession  the  bond  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  confis- 
cated 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  pros- 
ecutions 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.1 

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. 


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


730 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

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

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

(L.S.)  D.  HARTLEY.  (L.  S.)  JOHN  ADAMS. 

(L.  S.)  B.  FRANKLIN. 

(L.S.)  JOHN  JAY. 

ADDITIONAL  INSTRUCTIONS  TO  HALDIMAND.1 
[L.  S.j 

George  R. 

Additional  Instruction  to  Our  Trusty  and  Welbeloved  Frederick 
Haldimand  Esqr  Our  Captain  General  and  Governor  in  Chief 
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  Sl  James’s  the  16th  Day  of  July  1783. 
In  the  Twenty  third  year  of  our  Reign. 

Whereas  many  of  Our  Loyal  Subjects  Inhabitants  of  the  Colonies  and 
Provinces,  now  the  united  States  of  America  are  desirous  of  retaining 
their  Allegiance  to  Us,  and  of  living  in  our  Dominions,  and  for  this  purpose 
are  disposed  to  take  up  and  improve  Lands  in  our  Province  of  Quebec  ; 
and  We  being  desirous  to  encourage  our  said  Loyal  Subjects  in  such  their 
Intentions,  and  to  testify  our  approbation  of  their  loyalty  to  Us,  & Obedi- 
ence 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  in- 
clined to  become  settlers  therein.  It  is  Our  Will  and  pleasure,  that  immedi- 
ately 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  reduc- 
ed 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 


c.o. 

(Quebec 
1768-1787, 
Vol.  1.) 


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


CONSTITUTIONAL  DOCUMENTS 


731 


SESSIONAL  PAPER  No.  18 

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;1  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  Prov- 
ince 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.2 

It  is  our  further  Will  and  pleasure,  that  every  person  within  the  Mean- 
ing 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*  “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  Parlia- 
“ment  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 

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

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


732 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

Expence  ; Provided  however  that  only  one  half  of  the  Usual  and  accus- 
tomed 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,1  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  accom- 
modated 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  Alien- 
ation 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. 


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


CONSTITUTIONAL  DOCUMENTS 


733 


SESSIONAL  PAPER  No.  18 
[LS.] 

George  R. 

» 

£ Additional  Instruction  To  Our  Trusty  and  Welbeloved  Frederick 

i 

qS2  Haldimand,  Captain  General  & Governor  in  Chief  of  Our 

o'og  Province  of  Quebec  in  America.  Given  at  Our  Court  at 

*5  S* *  James’s  the  Twenty  Sixth  Day  of  May  1785  In  the  25th 

S year  of  Our  Reign1 

Whereas  in  pursuance  of  the  Powers  vested  in  Us  by  an  Act  of  Parlia- 
ment passed  during  the  present  Session  Intituled  “An  Act  for  continuing 
“for  a limited  Time,  an  Act  made  in  the  Twenty  third  Year  of  the  reign 
“of  His  present  Majesty,  Intituled  An  Act  for  preventing  certain  Instruments 
“from  being  required  from  Ships  belonging  to  the  United  States  of  America, 
“and  to  give  to  His  Majesty  for  a limited  Time  certain  Powers  for  the 
“better  carrying  on  Trade  and  Commerce  between  the  Subjects  of  His 
“Majesty’s  Dominions  and  the  Inhabitants  of  the  said  United  States,  and 
“for  continuing  for  a limited  Time,  an  Act  made  in  the  24th  year  of  the  reign 
“of  His  present  Majesty,  Intituled  an  Act  to  extend  the  Powers  of  an  Act 
“made  in  the  Twenty  third  year  of  His  present  Majesty,  for  giving  His 
“Majesty  certain  Powers  for  the  better  carrying  on  Trade  & Commerce 
“between  the  Subjects  of  His  Majesty’s  Dominions  and  the  Inhabitants  of 
“the  United  States  of  America,  to  the  Trade  and  Commerce  of  this  Kingdom 
“with  the  British  Colonies  and  Plantations  in  America  with  respect  to 
“certain  Articles  therein  mentioned”2  We  did  by  and  with  the  Advice  of 
Our  Privy  Council,  by  our  Order  in  Council,  dated  the  8th  of  last  Month, 
Order  and  direct,  that  no  Goods,  the  Growth  or  Manufacture  of  the  Coun- 
tries 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  Navi- 
gation 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 


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

* This  is  25  Geo.  Ill,  cap.  5.  See  “Statutes  at  Large”  Vol.  35,  p.  7. 


734 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 


Plantations  and  Colonies,  to  be  duly  and  effectually  enforced  in  Our  Pro- 
vince of  Quebec.1 

G.  R. 


[L.S.] 


George  R. 

Additional  Instruction  To  Our  Trusty  and  Welbeloved  Frederick 
Haldimand  Esqr  Our  Captain  General  and  Governor  in  Chief 
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.2 

Whereas  it  will  be  for  the  General  Benefit  of  Our  Subjects  carrying  on 
the  Fishery  in  the  Bay  of  Chaleure  in  Our  Province  of  Quebec,  that  such 
part  of  the  Beach  and  Shore  of  the  said  Bay,  as  is  ungranted,  should  be 
reserved  to  Us,  Our  Heirs  and  Successors  ; It  is  therefore  Our  Will  and 
pleasure,  that  you  do  not  in  future,  direct  any  Survey  to  be  made  or  Grant 
passed  for  any  part  of  the  ungranted  Beach  or  Shore  of  the  said  Bay  of 
Chaleure,  except  such  parts  thereof  as  by  Our  Orders  in  Council  dated 
the  29th  of  June  and  21st  July  1785,  are  directed  to  be  granted  to  John 
Shoolbred  of  London  Merchant  and  Mess”  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  Never- 
theless Our  Intention,  and  We  do  hereby  Signify  to  you  Our  Will  and  plea- 
sure, 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 


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

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


CONSTITUTIONAL  DOCUMENTS 


735 


SESSIONAL  PAPER  No.  18 

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  Sec- 
retaries of  State  for  Our  pleasure  therein  by  the  first  Opportunity.1 

G.  R. 


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


HALDIMAND  TO  NORTH.2 
Private  Quebec  October  24th  1783 


My  Lord 


relating  to 
the  neigh- 
bouring 
States. 
Vermont 
State. 


their  Quarrel 
with  the 
State  of  N. 
York 


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 
with  Regard  to  our  Indian  Allies.  Since  the  Provisional  Treaty 
has  been  Made  public,  several  Persons  of  influence  in  the  State 
of  Vermont  have  been  here  at  different  times,  they  all  agree  in 
describing  these  People  as  very  Averse  to  Congress  and  its 
Measures,  they  now  insist  that  in  Case  Congress  should  admit 
their  Claim  to  be  the  14th  State,  upon  an  exemption  from  any 
part  of  the  debts  contracted  previous  to  their  Admission,  as  having 
never  been  represented  in  Congress,  they  could  not  be  bound  by 
it’s  Acts  ; They  Seem  to  have  an  entire  Confidence  that  in  Case 
Congress  Should  think  of  reducing  them  by  Force,  the  Neigh- 
bouring 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 


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

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


736 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

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  enter- 
prising 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 
State  of  New  York  is  Making  Settlements  in  the  Same  Manner 
tiing  along  on  the  opposite  Side  of  the  Lake. — The  Conduct  of  these  People 
plain.  is  not  Justified  by  the  Rules  of  War,  for  until  the  Definitive 
Treaty  is  made,  the  Provincial  One1  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 
quencesthat  them,  tho’  I foresee  great  and  Mischievous  Consequences  to 
will  follow  this  Province  from  the  Settlement  which  the  State  of  New  York 
is  making  near  the  Boundary  Lines.  The  Americans  are  Settling 
Captain  Hazen,  now  a Brigadr  General,  with  the  few  Canadians 
remaining  of  the  Corps  upon  Lake  Champlain,  they  give  them 
Lands  and  a Sum  of  Money  proportionate  to  their  Rank  and 
Services.  As  their  Number  is  Small,  the  expence  will  be  trifling, 
but  Still  these  Canadians  will  be  handsomely  rewarded,  and  the 
Encouragement  given  to  them  will  have  considerable  Influence 
upon  the  Minds  of  their  Country  Men  upon  Some  future  Oc- 
casion. It  will  be  Totally  impossible  to  prevent  frequent 
Intercourse  between  them,  and  the  Settlement  being  So  Con- 
tiguous to  the  Boundary  Line  will  afford  a Safe  and  easy  Azylum 
Canadians  to  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  Cana-  to  a regular  Subordination,  and  by  rendering  them  useful  as  a 
Governed  by  well  disciplined  Militia — In  order  to  effectuate  this,  the  Authority 

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


CONSTITUTIONAL  DOCUMENTS 


737 


SESSIONAL  PAPER  No.  18 


a well  dis- 
ciplined 
militia. 


The  Quebec 
Bill  to  be 
kept  in  force 


House  of  As- 
sembly how 
to  be  sup- 
ported & ' 

Paid 


Interested 
views  of  the 
People  wish- 
ing for  a 
Change  of 
Government. 


of  Government  Must  be  Strengthened  & 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  Infor- 
mation, that  in  Order  to  keep  this  Country  dependent  upon 
Great  Britain,  no  Change  Should  be  Made  in  the  Act  of  Parlia- 
ment 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  £12,000  pr  Annum,  which  may  be  the 
difficiency  one  Year  with  another  after  the  Revenues  of  the 
Province  have  been  appropriated  to  Pay  the  Civil  Establishment 
cannot  be  put  in  Competition  with  the  many  bad  Consequences 
which  would  attend  the  Measure. 

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

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

Your  Lordship’s  Most  obedient 
& Most  Humble  Serv* 

FRED:  HALDIMAND 

The  Right  Honble  Lord  North 
(original) 


738 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 


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


HALDIMAND  TO  NORTH.1 


Quebec  6th  November  1783. 

My  Lord 

* * * * * * 

Your  Lordship  has  already  been  made  acquainted  with  the 
general  State  of  this  Country,  I am  told  that  in  the  Petition2 
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  Act3  or 
Some  other  Mode  for  the  personal  Security,  which  will  put  the 
Liberty  of  the  Subject  in  that  Respect  upon  the  Same  footing 
as  in  England,  and  which  will  remove  one  of  the  ill  grounded 
Objections  to  the  Quebec  Act,  for  tho’  that  Law  had  never  been 
introduced  into  the  Province,  people  were  taught  to  believe  that 
the  Quebec  Act  had  deprived  the  Inhabitants  of  the  benefit 
of  it. — 

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

My  Lord 

Your  Lordship’s  Most  Obedient 
and  Most  Humble  Servant 


FRED:  HALDIMAND 

The  Right  Honorable  Lord  North 
(original) 


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

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

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


CONSTITUTIONAL  DOCUMENTS 


739 


SESSIONAL  PAPER  No.  18 

FINLAY  TO  NEPEAN.1 

Quebec  22d  October  1784. 

Sir, 

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

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

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

It  is  not  yet  ascertain’d  that  the  people  wish  for  a house  of  Assembly! 
— Is  it  not  the  very  essence  of  representation  that  the  members  of  the 


1 Canadian  Archives,  Q 23,  p.  441.  Mr.  Hugh  Finlay,  as  already  indicated  (see  note  1,  p. 
708)  was  Deputy  Postmaster  General  and  a member  of  the  Council.  Evan,  afterwards  Sir 
Evan  Nepean  was  appointed  the  first  Permanent  Under  Secretary  of  State  for  the  Home 
Department,  in  1782.  This  office  was  created  in  consequence  of  the  readjustment  of  a number 
of  offices  of  state.  The  office  of  Secretary  of  State  for  the  Colonies,  created  in  1768,  was 
abolished  along  with  the  Board  of  Trade  and  Plantations,  in  1782,  under  the  Act  of  22nd  Geo. 
Ill,  cap.  82,  the  preamble  to  which  states:  “Whereas  his  Majesty,  from  his  paternal  regard  to 
the  welfare  of  his  faithful  people,  from  his  desire  to  discharge  the  debt  on  his  civil  list,  without 
any  new  burthen  to  the  publick,  for  preventing  the  growth  of  a like  debt  for  the  future,  as  well 
as  for  introducing  a better  order  and  economy  in  the  civil  list  establishments,  and  for  the  better 
security  of  the  liberty  and  independency  of  parliament,  has  been  pleased  to  order,  that  the  office 
commonly  called  or  known  by  the  name  of  Third  Secretary  of  State,  or  Secretary  of  State 
for  the  Colonies;  the  office  or  establishment  commonly  known  by  the  name  and  description  of 
The  Board  of  Trade  and  Plantations;  the  offices  of  lords  of  police  in  Scotland;”  &c.,  &c.,  “shall 
be,  and  are  hereby  utterly  suppressed,  abolished,  and  taken  away.”  Statutes  at  Large,  vol.  34, 
p.  143.  The  former  duties  of  the  Board  of  Trade  and  Plantations  were  to  be  executed  by  a 
Committee  of  the  Privy  Council.  See  sec.  1 5 of  the  Act.  The  work  of  the  Colonial  Secretary 
was  transferred  to  the  Home  Department,  formerly  the  Southern  Department,  in  which  there 
was  also  a Parliamentary  Under  Secretary. 


740 


CANADIAN  A RCHI VES 


6-7  EDWARD  VII.,  A.  1907 

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  unreason- 
ably 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.  WTere  a house  to  be  forced  on  them,  and  that  house  lay  taxes 
to  defray  the  expence  of  Government  and  a thousand  useful  purposes  wrhich 
the  English  Members  (if  any  English  there  should  be  chosen)  wrould  be 
continually  projecting,  they  wrould  deem  themselves  oppressed  and  prob- 
ably wTish  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  vranting  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. 


I 


CONSTITUTIONAL  DOCUMENTS 


741 


SESSIONAL  PAPER  No.  18 

We  at  this  moment  enjoy  all  the  benefits  arising  from  the  Habeas 
corpus  act.* 1 

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  English- 
man’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  incon- 
venient as  injurious  since  they  tend  by  their  frequency  to  deprive  the  Subject 
of  trial  by  Jury,  a right  which  an  Englishman  never  can  give  up,  and  which 
His  Majesty  was  pleased  by  His  13th  Instruction  strenuously  to  recommend, 
but  the  Judges  who  have  had  most  influence  with  our  Governors  have  found 
means  to  prevent  our  having  Jurys  in  the  Civil  Courts,  as  they  have  been 
looked  on  as  a pernicious  check  on  the  power  of  the  Bench.2 

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.  Grant3  of  S*.  Roc,  (a 
Member  of  the  Legislative  Council)  for  ample  information  concerning  our 
Courts  of  Justice — he  lives  at  No  42  Newman  street. 


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

1 Repeated  efforts,  extending  from  1777,  had  been  made  to  secure  an  ordinance  granting 

the  right  of  trial  by  jury  in  civil  cases,  but  not  until  the  departure  of  Haldimand,  Nov.  16th,  1784, 
was  there  any  prospect  of  its  being  passed.  Under  Lt.-Governor  Hamilton’s  administration, 
however,  in  the  spring  of  1785,  this  feature  was  embodied  in  the  Ordinance  for  Regulating  the 
Proceedings  of  the  Civil  Courts.  See  below,  p.  780. 

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


742 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

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.1 

I have  the  honor  to  be  Sir 

Your  most  obedient  and  very  humble 
Servant 

Evan  Nepean  Esqr  HUGH  FINLAY 

(original) 

PETITION  FOR  HOUSE  OF  ASSEMBLY.2 
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 

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

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


CONSTITUTIONAL  DOCUMENTS 


743 


SESSIONAL  PAPER  No.  18 

royal  Proclamation,  bearing  date  the  7th  day  of  October  1763, 1 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  Remon- 
strances and  Petitions,  at  a time  when  the  safety  of  the  Nation,  made 
sacred  every  moment  of  Public  deliberation.  The  Actions  and  Conduct 
of  Your  Petitioners  when  truly  represented,  will  best  express  to  Your 
Majesty,  the  Sincerity  of  their  Loyalty  and  Attachment  to  the  Crown  and 
Government  of  Great  Britain. 

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

1st  That  the  House  of  Representatives  or  Assembly, — be  chosen 
by  the  Parishes,  Towns  and  Districts  of  the  Province,  to  be  Composed  of 

1 See  p.  163. 


6 


744 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

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.1 

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

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

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

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

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

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

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

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

10th  That  no  New  Office  be  Created,  by  the  Governor  or  Commander 
in  Chief  for  the  time  ; but  with  the  Advice  and  Consent  of  Your  Majesty’s 

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


CONSTITUTIONAL  DOCUMENTS 


745 


SESSIONAL  PAPER  No.  18 

said  Council  and  be  approved  at  their  Annual  Meeting,  as  in  the  preceeding 
Article. 

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

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

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

14th  Your  Petitioners  beg  leave,  humbly  to  Represent  to  Your 
Majesty  ; that  from  their  Proximity  to  the  United  States,  who  from  Situat- 
ion 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 


746 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

the  People  and  Province  of  Quebec  ; depend  on  an  Union  with,  and  Sub- 
mission to,  the  Crown  and  Government  of  Great  Britain. 

In  these  pleasing  hopes  Your  Petitioners  as  in  Duty  bound  will  ever 
pray  &c.  &e.  &C.1 

Quebec  24th  November  1784 
(Signed) 


John  Munro 
John  MacDonald 
Alexr  ffraser 
Andrew  Doe 
James  Brymore 


John  Crawford 
John  Johnston 
Alexr  MacPherson 
Alexr  Macpherson 
John  Macpherson 


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

(Signed)  Henry  Hamilton  President." 

“The  Governor’s  Answer — 

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

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


CONSTITUTIONAL  DOCUMENTS  747 

SESSIONAL  PAPER  No.  18 


Wm  Hemley 

Andrew  Martin 

Joseph  Musgrave 

John  Young 

Robert  Urquhart 

James  Sherrar 

John  Coops 

Malcom  Mullun 

Wm  Miller 

Patrick  Codey 

J.  Stewart 

Louis  Ratti 

Robert  Sandeson 

Jn°  Jones 

James  Stiveinson 

Josep  Mather 

James  Collum 

John  Daly 

John  Bell 

Johann  friedrih 

John  Thomson 

Jacob  Stugman 

Rob*  Russel 

John  King 

William  Russel 

John  Gawler 

John  Fraser 

John  Hay 

Patk  Sulavan 

Lauch  Smith 

George  Harrow 

James  McNeill 

John  Henderson 

Ja8  Sinclair 

Donald  Smith 

Geo.  Sinclair 

Robert  Gorrie 

James  Swan 

James  Currie 

Zachy  MacAulay 

Ja8  Duncanson 

Cuthbert  Grant 

Elias  Salomon 

Daniel  Fraser 

Alexr  Spark 

John  Pagan 

Wm  Lindsay  Jr 

Meredith  Wills 

Wm  Person 

John  Rodhe 

Luke  Gambee 

Alexr  Johnston 

John  Justus  Diehl 

John  Johnston 

John  Urquhart 

Rob*  Haddan 

John  Buchanan 

John  Ay  ton 

Wm  Thomas 

John  Lynd 

John  Chillas 

Henry  Crebassa 

William  Grant 

Thomas  Powis 

George  J inkins 

Robert  Woolsey 

Willm  Webb 

Robert  Keating 

John  Robinson 

Hugh  Jameson 

Jas  Gibbons 

Jn°  Blackwood  Jur 

John  McKutcheon 

Wm  Burns 

Jas  Quin 

Fridrick  Glackemeyer 

John  Saul 

Miles  Prenties 

Wm  Mackenzie 

C.  J.  Tanswell 

John  Ross 

Thomas  Grahame 

Henry  Cull 

An8  Grant 

Wm  Hay 

Ja8  Grant 

Alexr  Wallace 

Ja8  Greig 

Jeffry  Manning 

Isaac  Roberts 

748 


CANADIAN  ARCHIVES 


Jn°  Jones 
Sam1  Casey 
Tho8  Bennett 
William  Laing 
Da  Cameron 
Wm  Garrett 
Godfrey  King 
Sam1  Jefferys 
Dunccan  Mkensy 
John  Simpson 
John  Potts 
Stephen  Curtis 
Mathew  Lymburner 
David  Barclay 
Thomas  Sketchley 
A.  Ferguson 
William  Macnider 
Roderic  Fraser 
Tho8  Cary 
Alexr  Ross 
David  Ross 
J.  Buchanan 
Rob*  Mcfie 
Willm  Ritchie 
Thom8  Bissbrown 
Robert  Stewart 
Matthew  Stewart 
Hyam  Myers 
Mathw  Macnider 
James  Bowman 
Charles  Grant 
Adam  Lymburner 
Rob*  Willcocks 
John  Antrobus 
Jn°  Painter 
John  Jones 
William  Wilson 
Al.  Wilson 
G.  Stuart 
Richd  Dalton 
Jacob  Rowe 
John  Munro 
Thomas  MeCord 
John  McCord 
John  Lampard 


6-7  EDWARD  VII.,  A.  1907 

Anthony  Vanfelson 
W Roxburgh 
Fred:  Petry 
Alex.  Greig 
P.  Pollock 
John  McCord  Junr 
Jas.  Sinclair 
James  Woods 
George  Gillmore 
Robert  Ritchie 
Hugh  Ritchie 
John  Ritchie 
Hugh  Merchall 
James  Johnston 
I.  Fraser 
John  Buchanan 
Robert  Lester 
Wm  Lindsay 
Constant  Freeman 
Ezekiel  Freeman 
John  Walter 
Wm  Vonden  Velden 
Nath.  Taylor 
Jn°  Taylor 
Edward  O’Hara 
David  Schoolbred 
Tho8  Watt 
A.  Aylwin 
C.  Danbridge 
Jn°  Purss 
Malcolm  Eraser 
William  Bell 
William  Wilson 
Ria  Grey 
Samuel  Harris 
Andrew  Colly 
John  Hay 
William  Carss 
David  Morris 
Jams  Gordon 
John  T.  Doyle 
William  Lane 
William  Crouch 
W1  Caw 
Daniel  Blunt 


CONSTITUTIONAL  DOCUMENTS 

SESSIONAL  PAPER  No.  18 


Rendel  McDoneld 
Patrick  Led  with 
Daniel  Duncan 
Hugh  Rigby 
John  Reid 
John  Brook 
Alexader  annod 
Richd  Dunn 
Moses  Brockett 
John  Evans 
John  Richardson 
Richard  Janneyson 
Francis  Desrocher 
W : Ward 
Sam1  Henry 
John  Stanley 
John  Greig 
William  Moore 
John  Salmon 
B.  V.  Clench 
Jn°  Salmon 
John  Dormer 
Hugh  Fraser 
Joseph  Fraser 
John  Walsh 
Alexr  McDonald 
Alexr  Iver 
Charles  Daly  Junr 
W.  Cameron 
Edward  Mackay 
Cha  Stewart 
Isaac  Gay 


William  Miller 
John  Fraser 
John  Rodolf  Smith 
Charles  Smith 
David  Jacobs 
Sam1  Pepper 
James  Galbraith 
Wm  Brown 
Ja8  Melvin 
John  Woolsey 
Rob1  Russel 
W Courcy  Gill 
Philip  Sullivan 
Dunacan  M Donald 
James  Davidson 
Malcolm  Fraser 
[ Aaron  Hart 
Sam  Sills 
William  Nelson 
Moses  Hart 
Jjohn  Macpherson 
]john  Fraser 
Philip  Lloyd 
John  Sills 
Eze1  Hart 
R.  Mell 
I.  M.  Bliss 
Robert  Jones 
Thomas  Prendergast 
James  Day 
Joseph  Ray 
George  Rapper 
John  McBain 


4) 

0) 

u 

— 


O co 
co  <u 

a jv 

4-»  ” 

• pH 

XI 

ccJ 

X 

c 


District  of  Montreal 


Jacob  Jordan 
James  McGill 
James  Finlay 
Benjn  Frobisher 
Nicholas  Bayard 
William  Kay 
Alexr  Henry 
J.  Blackwood 
Geo:  McBeath 


Jacob  Ruhn 
Fran  Winton 
John  Forsyth 
John  Franks 
William  Harkness 
W“  Griffin 
Rosseter  Hoyle 
Robert  Griffin 
Abraham  Hart 


749 


\ 


750 


CANADIAN  ARCHIVES 


6-7  EDWARD  VH.,  A.  1907 


Jn°  Askwith 
William  Allen 
Joseph  Frobisher 
Hugh  Ross 
Ancus  Cameron 
Alexander  Hay 
Charles  Paterson 
Sam1  Birnie 
James  Dyer  White 
J.  McKinnsy 
Felix  Graham 
John  Gregory 
J.  Grant 
David  McCrae 
John  Lilly 
Geo.  Selby 
W.  Maitland 
James  Caldwell 
R.  Sym 
Robert  Jones 
William  Taylor 
F.  Bleakley 
Jn°  Bell 

Alexander  Campbell 
I.  R.  Symes 
Rob1  McGrigor 
James  Laing 
R.  Gruet 
David  Davis 
John  Russel 
Thomas  Sullivan 
Richd  Dowie 
(Oliver  Church  Late 
Lieu1  2d  BKRR 
New  York) 

(John  Dusenberg  Ens“ 
Late  Loyal  , Rangers) 
samuel  Burch 
Levai  Michaels 
Henry  J.  Jessup 
Isaac  H1  Abrams 
Isaac  Hall 
John  Campbell 
Donald  Fisher 
Jos.  Forsyth 


Samuel  Gerrard 
Colin  Hamilton 
Laurence  Taaffe 
Wm  Hy  McNeill 
Charles  Smyth 
Angus  Macdonald 
John  Smith 
Dd  Lukin 
James  Cameron 
G.  Young 
R.  Cruickshank 
John  Rowand 
E.  Edwards 
Thomas  Forsyth 
D.  Sutherland 
James  Grant 
Allan  Paterson 
John  Ross 
Levy  Solomons 
Levy  Solomon  Junr 
John  Turner  & Sons 
Uriah  Judah 
Chy:  Cramer 
Alexr  Henry 
Adam  scott 
Alexr  Mabbut 
Jonas  schindler 
William  Hunter 
Alexr  Walmsley 
Henry  Edge 
Allexr  Martin 
James  McNabb 
James  Ruott 
Thomas  McMurray 
Isaac  Judah 
Sam1  Judah 
Laurence  Costille 
Saint  Louis 
Henry  Campbell 
John  Bethune 
Nomd  MacLeod 
James  Mackenzie 
Wm  Murray 
James  Finlay  Junr 
J.  Symington 


CONSTITUTIONAL  DOCUMENTS 


751 


SESSIONAL  PAPER  No.  18 


(H.  Spencer  Lieu*  late  2d 

J.  Pangman 

BK.  R.R.  N.  York) 

John  Tobias  Deluc 

Richd  Pollard 

Cuthbert  Grant 

John  Grant 

Robert  Grant 

John  McKindlav 

Tho8  Nadenhuvet 

Wm  Packer 

James  Foulis 

John  McGill 

William  Bruce 

Fra8  Badgley 

John  Macnamara 

Peter  Pond 

Daniel  Sullivan 

Tho8  Burn 

Finlay  Fisher 

Davd  Alexr  Grant 

John  Stewart 

Alexr  Cooper 

Daniel  Mackenzie 

Richd  McNeall 

Joseph  Anderson 

Alexr  Fraser 

Paul  Heck 

Thomas  Frobisher 

Robert  Thomson 

John  Ogilvy 

Samuel  Heck 

Andrew  Todd 

Alexr  Milmine 

Thomas  Corry 

Robert  Smith 

Walr  Mason 

William  Smith 

Gor.  Moore 

Jacob  Tyler 

R.  J.  Wilkinson 

Char8  Grimesly 

James  Noel 

Wm  Grimesly 

Charles  Lilly 

David  Ross 

Duncan  Fisher 

Abram  Holmes 

John  Ridley 

William  Fraser 

Alexr  Campbell 

William  Hassall 

John  Milroy 

David  Ray 

Joseph  Hamly 

Thomas  Busby  Sen' 

Sam1  White 

Thomas  Busby  Jun' 

Sam1  Douney 

William  England 

C.  Rolffs 

Conrad  Marsteller 

Wm  Hall 

William  Creighton 

Geo.  McDougall 

Hugh  Holmes 

Robert  Lindsay 

Jervis  George  Turner 

Jas  Robertson 

Rd  Warffe 

Tho8  Brekenridge 

James  Nelson 

John  Foulis 

Philip  Cambell 

Francis  Crooks 

Duncan  Cumins 

Geo.  Edw.  Young 

Henry  Gonnerman 

George  Aird 

Firedrick  Gonnerman 

Joseph  Provan 

John  Maxwell 

Simon  McTavish 

Tho8  Little 

John  Lawrence 

Christ'  Long 

Sam1  Embury 

Edward  Gross 

S.  Anderson 

Nicholas  Stoneman 

752 


CANADIAN  ARCHIVES 


Dan1  Daly 
Richd  Whitehorse 
James  Fraser 
Alexander  fraser 
Richd  Whitehouse 
Levi  Willard 
Joseph  Johnson 
M.  Cuthell 
James  Leaver 
Tobias  Burke 
Rob4  McGinnis 
Richd  McGinnis 
John  Hicks 
George  Hicks 
Stephen  Milers 
William  Tilby 
James  Perry 
Edward  Corry 
Stephen  Waddin 
Peter  Smith 
Gwen  Bowen 
Peter  Grant 
Jms  Chaorles 
James  Fairbairn 
John  Hughes 
Ranald  McDona’d 
Watkin  Richard 
jenbaptiste  Lafrenay 
Thomas  Sare 
Andw  Cockburn 
Tho*  Isbusther 
Joseph  Landrey 
Robert  Withers 


6-7  EDWARD  VII.,  A.  1907 

Jn°  Daly 
Tho*  Oakes 
John  Grant 
Will™  Wintrope 
Joel  Andras 
Thomas  Fraser 
Jn°  Lumsden 
William  Holmes 
Nicholas  Montour 
Patrick  Small 
David  Rankin 
(Richard  Duncan 
late  Capn  Roy1  Yorkers) 
Dune11  Cameron 
Andw  Wilson 
Donald  McDonell 
Angus  McDonald 
Ed.  Umfreville 
John  Lockhart  Wiseman 


(Parchment  copy) 

endorsed  : In  L4  Govr  Hamilton’s  N°  2 of  9.  Jany  1785 


CONSTITUTIONAL  DOCUMENTS 


753 


SESSIONAL  PAPER  No.  IS 

PLAN  FOR  A HOUSE  OF  ASSEMBLY.1 


When  this  plan  was  made  out  in 
fall  1784,  the  loyalists  had  not  begun 
their  new  Settlements.  As  these  new 
Settlements  have  been  divided,  and 
erected  into  five  new  districts,2  it  may 
be  proper  that  each  district  send  a cer- 
tain number  of  Representatives,  And 
that  the  two  districts  of  Quebec  and 
Montreal,  containing  the  old  settled 
part  of  the  Country,  be  divided  into  a 
certain  number  of  districts  (for  the 
purpose  of  electing  Representatives 
only,)  to  choose  Members  for  the  house 
of  Assembly. 


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. — 


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

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


754 


CANADIAN  A RCHI VES 


6-7  EDWARD  VII.,  A.  1907 

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

That  none  but  Males  shall  either  Vote  or  represent. 

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

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

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

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

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

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

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

In  Mr.  Lymburner’s  24th  July  1789 


OBJECTIONS  TO  THE  PETITION  OF  NOV.  1784.1 

Objections 

Aux  DEM  ANDES  FaITES, 

A Notre  Auguste  Souverain; 


Par  VAdresse  lue  dans  une  A ssemblee  tenne  chez  les  R.  R.  P.  P. 
Recolets,  le  30  Novembre  1784. 


Demand^  au 
Prologue 


R epondu 


Que,  considerant  le  fardeau  de  la  Grande-Bretagne,  il  nous 
soit  accorde  une  Chambre  d’Assemblee,  pour  imposer  des 
Taxes,  &c. 

Que  c’est  avec  douleur  certainement,  que  nous  devons 
regarder  le  fardeau  de  notre  Mere  Pa  trie  : mais  h£las  ! ce  ne  peut 
etre  qu’une  douleur  infructueuse  : car,  quel  remede  y pouvons- 
nousapporter  ? Nous, dont les besoinsrenaissentchaque jour; nous, 
qui,  chaque  anneenous  d£pouillons  jusqu’au  dernier  sol,  pour  payer 
les  effets,  (deja  consommes)  qu’est  obligee  de  nous  fournir  cette 
Mere  Patrie  ; Nous,  qui  malgre  les  sommes  enormes,  que  la 
guerre  a occasionne  de  laisser  en  ce  pays,  sommes  encore  en 
arriere  avec  la  Metropole,  d’une  balance  de  comptes  considerable. 
Quelles  sont  done  nos  ressources  pour  appuyer  des  Taxes  ? Sera- 


1 Canadian  Archives,  Q 40,  p.  199.  This  reply  to  the  petition  of  Nov.  24th,  1784,  was  sent, 
together  with  other  papers,  in  a despatch  from  Dorchester  to  Sydney,  dated  Jan.  10th,  1789. 
As  the  certificate  appended  to  it  indicates,  it  was  drawn  up  and  printed  in  Dec.,  1784. 


CONSTITUTIONAL  DOCUMENTS 


755 


SESSIONAL  PAPER  No.  18 


Art.  I. 
Demande. 


Repond u. 


Art.  II. 
Demande. 


Repondu. 


Art.  III. 
Demande. 
Repondu. 


Art.  IV. 
Demande. 


Repondu 


Art.  V. 
Demand^. 


Repondu. 

Art.  V 
Demande. 
Repondu. 


ce  sur  les  Villes  ? Qui  ne  connoit  pas  l’indigence  de  leur  Citoyens. 
Sera-ce  sur  les  Terres?  Qui  ne  sgait  pas,  que  les  Campagnes  en- 
det£es  envers  les  Villes,  n’ont  pu  jusqu’a  present  se  liquider ; que  la 
misere  est  le  partage  d’une  tres-grande  partie  de  leurs  Habitants. 
Que  sera-ce  done,  lors  qu’une  partie  de  leurs  travaux  sera  consacr6e 
pour  le  soutien  de  l’Etat  ? 

Cet  expose,  vrai  tous  ses  points,  doit  convaincre,  qu’une 
Chambre  d’Assemblee,  pour  imposer  des  Taxes,  est,  non-seule- 
ment  inutile,  mais  encore,  prejudiciable  aux  int£rets  de  cette 
Colonie. 

Que  la  Chambre  soit  indistinctement  composee,  d’anciens 
& nouveaux  Sujets,  &c. 

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

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

Que  cela  sera  bon,  s’il  se  trouve  assez  de  riches  d6sinteress6s 
pour  prendre  le  parti  du  Peuple,  l’honnete  indigent  6tant  dans 
l’incapacite  de  donner  son  temps  pour  rien. 

Que  les  Loix  Criminelles  d’Angleterre  soient  continuees,  &c. 

Que  la  douceur  de  ces  Loix  doivent  en  faire  d6sirer  la 
continuation  ; mais  demande  inutile,  puisque  nous  les  avons. 

Que  les  Loix,  Coutumes,  & Usages  de  ce  Pays  soient  con- 
tinuees ; sujettes  neanmoins,  aux  alterations  que  la  Legislation 
trovera  necessaire,  &c. 

Cet  article  est  contradictoire  ; en  se  qu’il  constate  nos 
Droits,  & les  detruits  enti£rement.  En  effet,  n’est  ce  pas  les 
detruires,  que  de  les  soumettre  aux  alterations  que  la  Legislation 
trouvera  necessaire  d’y  faire  ? Ne  deviendront-ils  pas  arbitraires? 
Que  pourra-t-on  statuer  sur  des  Droits  aussi  changeants,  que  les 
Chambres  auxquelles  ils  seront  soumis  ? 

Que  les  Loix  de  Commerce  d’Angleterre  soient  declares 
celles  de  cette  Province,  sujettes  aux  memes  alterations  que 
l’article  4me.  &c. 

Que  la  reponse  a l’article  4me  est  la  meme  pour  celui-ci. 

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

Que  notre  Auguste  Souverain  nous  l’ayant  accorde,1  il  est 
inutile  de  l’importuner  pour  cet  objet. 


1 Referring  to  the  Ordinance  of  24  Geo.  Ill,  cap.  1.  See  note  1,  p.  741. 


756 


CANADIAN  ARCHIVES 


Art.  VII. 
Demande. 


Repondu. 


Art.  VIII. 
Demand^. 


Repondu. 


Art.  IX. 
Demande. 

Art.  X. 
Demande. 

Art.  XI. 
Demande. 

Repondu. 


Art.  XII. 
Demande. 

Repondu. 


6-7  EDWARD  VII.,  A.  1907 

Que  dans  les  Cours  de  Jurisdiction,  il  soit  accorde  des  Jur6s 
a la  demande  des  Parties. 

Que  cet  article  est  entierement  en  faveur  du  Riche,  contre  le 
Pauvre.  Si  ce  sont  des  Jures  ordinaires  ; Pauvres  que  devien- 
dront  vos  families,  lorsqu’il  vous  faudra  laisser  vos  travaux,  une 
partie  de  l’annee,  pour  aller  decider  des  Causes  qui  ne  vous 
regardent  en  rien  ? Vous  vous  plaignez  deja  d’etre  obliges  de  les 
interrompre,  lorsque  vous  etes  appelles  pour  les  Affaires  Crimi- 
nelles,  ce  qui  arrive  six  fois  l’annee.  Que  sera-ce  done,  lorsque  vous 
serez  obliges  d’assister  a toutes  les  Audiences  ? Quelqu’un  dira 
peut-etre  que  cela  se  fait  a Londres,  qu’en  consequence  on  le 
peut  faire  dans  ce  pays.  Que  ce  quelqu’un  compare  le  nombre 
de  citoyens  de  Londres,  se  montant  a trois  cens  mille  hommes 
environ,  avec  douze  cens  tout  au  plus  que  vous  etes  dans  cette 
Ville  & ses  Faux-bourgs.  Pour  lors  il  verra  que  vous  serez 
obliges  de  vous  trouver  250  fois  a l’Audience,  contre  une  fois  que 
se  trouve  le  Citoyen  de  Londres.  Jugez  par  la  si  vous  avez 
d 'autre  metier  a faire  & que  deviendront  vos  families. 

Si  ce  sont  des  Jures  speciaux,  (en  consequence  payes)  quel 
est  le  pauvre  qui  pourra  lutter  contre  un  riche  oppresseur, 
detenteur  de  son  bien  ; qui,  pour  l’ecraser,  demandera  des  Jur6s 
(qu’on  ne  pourra  lui  refuser)  ne  sera-ce  pas  mettre  le  pauvre  dans 
l’alternative  d’abandonner  sa  cause,  ou  se  voir  totalement 
ruiner,  s’il  vient  a succomber.  On  se  plaint  des  frais  qu’entraine 
la  Justice.  Qui  pourra  y sufftre  lorsqu’il  faudra  y joindre  la  paye 
de  douze  Jures  ? n’est-ce  pas  fermer  la  porte  du  Sanctuaire  de  la 
Justice  a l’indigent. 

Que  les  Cheriffs  soient  elus  par  la  Chambre,  aprouves  & 
commissionnes  par  le  Gouverneur,  &c. 

Que  si  le  Cheriff  nomme  par  la  Chambre  ne  convient  pas  au 
Gouverneur,  que  deviendra  l’administration  des  Loix  & de  la 
Justice?  De  la  ne  s’ensuivra-t-il  a par  un  temps  d’anarchie, 
prejudiciable  aux  interets  publics. 

Que  nul  Offtcier  civil  ne  pourra  etre  suspendu  de  sa  charge, 
par  le  Gouverneur,  sans  le  consentement  du  Conseil,  &c. 

Qu’aucune  nouvelle  Charge  civile  soit  creee  par  le  Gouver- 
neur, sans  le  consentement  du  Conseil,  &c. 

Que  les  Emplois  de  confiance  soient  exerces  par  les  Personnes 
memes,  &c. 

Que  les  trois  articles  precedents  seroient  admissibles  en 
temps  & lieu. 

Qu’il  soit  nomme  des  Juges  dans  les  Cours  de  la  Province, 
qu’ils  ayent  des  appointements  fixes  & suffisants,  &c. 

Qu’il  est  juste  d’avoir  des  Juges  pour  administrer  la  Justice,  qu’- 
ils  aient  des  appointements  suffisants  pour  vivre  convenablement 


CONSTITUTIONAL  DOCUMENTS 


757 


SESSIONAL  PAPER  No.  18 


Art.  XIII. 
Demande. 

Repondu. 


Art.  XIV. 
Demande. 


Repondu. 


a leur  6tat.  Car,  sans  cela,  ou  ils  n£gligeront  les  devoirs  de  leur 
Charge,  pour  s’occuper  de  soins  qui  puissent  les  mettre  plus 
a leur  aise,  ou  ils  mettront  la  Justice  a l’enchere. 

Que  les  appels  des  Cours  de  Justice  de  cette  Province  soient 
faits  au  Lord  Chancellier,  a la  Cour  de  Westminster  Hall. 

Que  nous  avons  eu  jusqu’a  present  recours  au  Roi  & a son 
Conseil,  qui  prenoit  nos  Loix  pour  guides  de  leur  decision.  Mais 
que  deviendront  tous  nos  Droits  rapportes  dans  une  Chambre 
qui  ne  s’ecarte  en  rien  des  Loix  & Constitutions  Britanniques  ? 
Hors,  si  le  Conseil  de  la  Province  change  vos  Loix,  & y substitue 
celles  d’Angleterre,  dans  quelle  confusion  & embarras  ne  nous 
mettra-t-il  pas  ? Si  au  contraire  il  les  laisse  subsister,  quel  moyen 
d’appel  aurons-nous  dans  une  Chambre  qui  y fait  une  entiere 
abstraction. 

Qu’il  Plaise  a Sa  Majeste,  pour  le  bien  du  Commerce  & faire 
fleurir  l’Agriculture,  revetir  la  Chambre  d’Assemblee  du  pouvoir 
d’imposer  des  Taxes,  &c. 

Que  cet  article,  increment  considere,  pourroit  donner  matiere 
a bien  des  reflexions.  Car,  qu’y  a-t-il  de  commun  entre  nos 
demandes  & cette  proximite,  ce  climat,  cette  situation  des 
Etats-Unis,  qui  leur  donne  l’avantage  du  Commerce  sur  nous  ? 
Sera-ce  par  le  moyen  des  Taxes  qu’on  prolongera  notre  et6  de 
trois  mois,  qu’on  rendra  notre  Fleuve  navigable  toute  l’annee  ? 
non:  done,  l’avantage  restera  toujours  chez  nos  voisins.  Sera- 
ce  les  Taxes  qui  feront  fleurir  notre  Agriculture  ? non  : puisque 
les  Seigneurs,  pour  l’encourager,  donnent  des  Terres  pour  trois 
ans  sans  aucune  redevance,  & qu’elles  restent  incultes  faute  de 
moyens  pour  les  ouvrir. 

Qu’est-ce  done  qui  peut  compenser  leur  avantage  sur  nous  ? 
C’est  le  repos  dont  nos  campagnes  ont  jouis  jusqu’  a present  ; 
exemptes  de  Taxes,  elles  ont  vus,  malgre  l’apprete  du  climat, 
le  fruit  de  leurs  travaux,  & en  ont  jouis.  A cela  on  repond  que 
les  campagnes  ont  ete  molestees  par  le  logement  des  Troupes  & 
les  corvees,  il  est  vrai  ; mais  les  Taxes  qu’on  leur  imposera  les 
extempteront-ils  de  cela.  Voyons-le. 

Lorsque  le  Roi  jugera  necessaires  d’envoyer  des  Troupes  dans 
cette  Colonie  pour  la  sflrete  de  nos  propri6tes.  Quelqu’un  s’y 
opposera-t-il  ? Non  c’est  un  droit  que  le  Roi  a dans  tous  ses 
Etats,  sans  meme  etre  oblige  d’en  rendre  compte.  Avons-nous  des 
Cazernes  en  etat  de  loger  ces  Troupes?  non  : peuvent-elles  etre 
toute  l’annee  sous  des  tentes  ? non  ; done,  nous  ferons  des 
Cazernes  ou  nous  les  logerons. 

Les  Troupes  menent  avec  elles  un  train  considerable  de 
munitions,  vivres,  &c.  Qui  transportera  ces  effets  a leurs 
destinations  ? des  gens  de  bonne  volonte,  dit-on,  qu’on  payera 


758 


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6-7  EDWARD  VII.,  A.  1907 

bien.  Vous  aurez  des  gens  de  bonne  volonte,  il  est  vrai,  mais  k 
des  prix  si  exhorbitants,  que  la  Province  ne  pourra  pas  suffire  a 
cette  seule  branche  de  d£pense.  Les  taxera-t-on  ? il  n’y  en  aura 
plus.  Done,  pour  ne  pas  arreter  des  travaux  aussi  indispensables, 
on  sera  oblige  de  commander;  en  consequence  nous  ferons  des 
Corv6es. 

Quelqu’un  dira,  peut-etre,  comme  il  a deja  ete  dit,  qu’on 
prendra,  ce  qu’on  appelle  Volontaires  dans  les  campagnes. 
Voila  done  une  classe  d’hommes  Litres  condamnes  a V Esclavage. 
N’est-ce  pas  assez  que  la  fortune  leur  soit  ingrate,  sans  encore 
aggraver  leur  malheur  par  la  servitude.  Cela  etant  inadmissible, 
tout  bien  considere,  mfirement  examine  ; il  faut  conclurre  que 
les  Taxes  ne  pourront  pas  nous  exempter,  ni  du  logement  des 
Troupes,  ni  des  corvees  : qu’en  consequence  la  Chambre,  pour  les 
imposer,  est  contraire  aux  interets  de  cette  Colonie  indigente. 

Fin. 

Je  certifie  que  dans  le  courant  du  mois  de  Decembre  de 
l’ann£e  1784  j’ai  imprime  aux  environ  de  Deux  cens  exemplaires 
des  Objections  ci-dessus  & environ  le  meme  nombre  d’une 
Adresse  a Sa  Majeste,  en  Opposition  a la  Chambre  d’Assemblee 
(dans  le  meme  espace  de  temps)  Montreal  29  Xbre  1788. 

fl.  Mesplet 
imprimeur 

( Translation ) 

OBJECTIONS 

To  the  Requests  Made 
To  Our  August  Sovereign  ; 

In  the  Address  read  at  an  Assembly  held  at  the  house  of  the 
R.R.P.P.  Recolets,  the  30th  of  November  1784. 

Requested  in  That,  considering  the  burden  of  Great  Britain,  a House  of 
Assembly  should  be  granted  us,  to  impose  Taxes,  &c. 

Replied.  That  we  ought  certainly  to  view  with  sorrow  the  burden 

of  our  Mother  Country  ; but  alas!  it  can  only  be  a fruitless 
sorrow,  for  what  remedy  can  we  offer  ? We,  whose  wants 
increase  day  by  day  ; we,  who,  every  year  despoil  ourselves  of 
our  last  farthing  to  pay  for  the  supplies,  which  this  Mother 
Country  is  compelled  to  furnish  us,  and  which  are  already 
exhausted  ; we,  who  in  spite  of  the  enormous  sums,  which  in 
consequence  of  the  war  have  been  left  in  this  country,  are  still 
in  arrears  with  the  parent  state,  for  the  balance  of  a considerable 
sum.  What  then  are  the  resources  on  which  taxes  could  be 
levied  ? Is  it  on  the  Towns  ? Who  does  not  know  the  poverty 


CONSTITUTIONAL  DOCUMENTS 


759 


SESSIONAL  PAPER  No.  18 


Art.  I. 
Requested. 

Replied. 


Art.  II. 
Requested. 

Replied. 


Art.  III. 
Requested. 

Replied. 


Art.  IV. 
Requested. 


Replied. 


Art.  V. 
Requested. 


Replied. 

Art.  VI. 
Requested. 

Replied. 

Art.  VII. 
Requested. 

Replied. 


of  their  Citizens.  Is  it  on  the  Lands  ? Who  does  not  know  that 
the  rural  districts  are  in  debt  to  the  Towns,  and  have  at  present 
nothing  with  which  to  liquidate  ; that  misery  is  the  lot  of  a very 
large  portion  of  their  Inhabitants  ? What  will  be  the  result 
then,  if  a portion  of  their  labours  must  be  applied  to  the  support 
of  the  State  ? 

This  representation,  which  is  true  in  every  point,  ought  to 
be  convincing  evidence  that  a House  of  Assembly  for  the  im- 
position of  Taxes  is  not  only  useless,  but  would  be  prejudicial  to 
the  interests  of  this  Colony. 

That  the  Chamber  be  indifferently  composed  of  the  ancient 
and  new  Subjects,  &c. 

This  article  requires  more  explanation  : for,  from  this  word 
indifferently,  there  might  be  as  many  and  even  more  ancient  than 
new  Subjects  in  the  House,  which  would  be  contrary  to  natural 
right,  as  there  are  twenty  Canadians  to  one  ancient  Subject. 
What  would  become  of  our  rights  if  they  were  entrusted  to 
Strangers  to  our  Laws  ? 

That  the  Council  be  composed  of  thirty  members  without 
salaries,  &c. 

This  might  be  satisfactory  if  there  were  enough  disinterested 
rich  men  to  take  the  part  of  the  people,  the  honest  poor  man 
being  unable  to  give  his  time  for  nothing. 

That  the  Criminal  Laws  of  England  be  continued  here. 

That  the  leniency  of  these  laws  would  make  their  continua- 
tion desirable;  but  the  demand  is  unnecessary,  since  they  are 
in  force. 

That  the  Laws,  Usages  and  Customs  of  this  Country  be 
continued  ; subject  nevertheless,  to  those  changes  that  the 
Legislation  may  find  necessary,  &c. 

This  article  is  contradictory  ; in  that  it  affirms  our  Rights, 
and  completely  destroys  them.  For  as  a matter  of  fact,  is  it  not 
destroying  them  to  subject  them  to  any  alterations  which  the 
Legislation  may  find  it  necessary  to  make  ? Would  they  not 
become  arbitrary  ? What  statutes  could  be  based  on  Rights  as 
changeable  as  the  House  to  which  th*»y  will  be  submitted  ? 

That  the  Commercial  Laws  of  England  be  declared  those  of 
this  Province,  subject  to  the  same  alterations  as  in  Article 
IV.  &c. 

That  the  reply  to  article  IV  will  serve  for  this  article. 

That  the  Act  of  Habeas  Corpus  shall  be  in  force,  &c. 

That  our  August  Sovereign  having  granted  it  to  us,  it  is 
unnecessary  to  trouble  him  further  concerning  it. 

That  in  the  Courts  of  Jurisdiction,  Juries  may  be  granted 
at  the  request  of  the  Parties  concerned. 


760 


CANADIAN  ARCHIVES 


Art.  VIII. 
Requested. 

Replied. 


Art.  IX. 
Requested. 

Art.  X. 
Requested. 

Art.  XI. 
Requested. 

Requested. 


Art.  XII. 
Replied. 


6-7  EDWARD  VII.,  A.  1907 

That  this  article  is  entirely  in  favour  of  the  Rich  against 
the  Poor.  If  they  are  the  ordinary  Juries  ; Ye  poor  men,  what 
will  become  of  your  families  when  you  are  forced  to  leave  your 
work,  for  a part  of  the  year,  to  go  and  decide  causes  which  in  no  way 
concern  you  ? You  already  complain  at  being  compelled  to  inter- 
rupt your  work  when  you  are  summoned  for  Criminal  Affairs,  which 
occurs  six  times  in  the  year.  What  would  be  the  result  if  you 
were  obliged  to  take  part  in  every  sitting  ? Some  one  perhaps 
will  say  that  this  is  done  in  London,  and  it  can  therefore  be  done 
in  this  country.  But  let  such  a one  compare  the  number  of 
citizens  in  London,  amounting  to  about  three  hundred  thousand 
men,  with  twelve  hundred  which,  at  the  most,  is  all  that  you  are 
in  this  town  and  its  suburbs.  He  will  then  see  that  you  would  be 
obliged  to  be  present  at  the  sittings,  two  hundred  and  fifty  times 
for  every  time  that  a citizen  of  London  need  appear.  Judge  from 
this  if  you  have  any  other  trade  to  carry  on,  what  would  become 
of  your  families. 

If  the  Juries  are  special  ones  (and  in  consequence  remuner- 
ated) what  poor  man  is  there  who  could  contend  against  a rich 
oppressor  who  has  unjustly  seized  his  property  ; and  who,  to 
crush  him,  may  demand  a Jury  (which  could  not  be  refused  him) 
would  not  this  force  the  poor  man  to  the  alternative  of  giving 
up  his  cause,  or  of  being  totally  ruined  if  he  loses.  Complaints 
are  now  being  made  of  the  expense  which  Justice  entails.  Who 
will  be  able  to  afford  it,  when  the  payment  of  twelve  Jurors  is  to 
be  added  ? Would  not  this  close  the  door  of  the  Sanctuary  of 
J ustice  to  the  poor  ? 

That  the  Sheriffs  shall  be  elected  by  the  House,  approved 
and  commissioned  by  the  Governor,  &c. 

That  if  the  Sheriff  nominated  by  the  House  does  not  please 
the  Governor,  what  will  become  of  the  administration  of  the 
Laws  of  Justice?  Will  not  a time  of  anarchy  in  consequence 
ensue,  prejudicial  to  the  public  interests. 

That  no  civil  Officer  shall  be  suspended  from  his  office  by  the 
Governor  without  the  consent  of  the  Council,  &c. 

That  no  new  civil  Office  shall  be  created  by  the  Governor 
without  the  consent  of  the  Council,  &c. 

That  all  positions  of  trust  shall  be  filled  by  the  persons 
themselves,  &c. 

That  the  three  preceding  articles  would  be  admissible  time 
and  place  considered. 

That  Judges  shall  be  appointed  for  the  Courts  of  the  Pro- 
vince, and  that  they  shall  have  fixed  and  sufficient  stipends. 

That  it  is  right  to  have  Judges  to  administer  Justice,  and 
that  they  ought  to  have  stipends  sufficient  to  live  suitably  to 


Replied. 


CONSTITUTIONAL  DOCUMENTS 

SESSIONAL  PAPER  No.  18 


761 


Replied. 


their  station.  For,  without  that,  they  will  either  neglect  the 
uties  of  their  office,  to  occupy  themselves  with  the  care  of  their 

Art.  XIII. 0Wn  interests’  or  they  Wl11  put  Justice  up  to  auction. 

Requested.  That  appeals  from  the  Courts  of  Justice  of  this  Province 

be  made  to  the  Lord  Chancellor,  at  the  Court  of  Westminster 
Hall. 

That  up  to  the  present  time  we  have  made  appeals  to  the 
ving  and  his  Council,  who  have  taken  our  Laws  as  the  guide  of 
their  decisions.  But  what  will  become  of  our  Rights  when 
brought  before  a Court  which  will  deviate  in  nothing  from  the 
British  Laws  & Constitution  ? And  further  if  the  Council  of 
the  Province  changes  your  laws,  and  replaces  them  by  the  laws 
o England,  in  what  confusion  and  difficulty  shall  we  not  be 
placed  ?If,  on  the  contrary,  they  are  allowed  to  remain  in  force 

what  means  of  Appeal  shall  we  have  in  a Court  which  entirelv 
ignores  them. 

Requested. V That  !t  maY  Please  His  Majesty  in  the  interests  of  Commerce, 

and  for  the  encouragement  of  Agriculture  to  invest  the  House 
of  Assembly  with  power  to  impose  Taxes,  &c. 

That  this  article  duly  considered  would  give  rise  to  many 
reflections.  For  what  community  is  there  between  our  require- 
ments & the  proximity,  the  climate,  and  the  situation  of  the  United 
States  which  give  them  the  advantage  in  Trade  over  us  ? Would 
t e imposition  of  Taxes  add  three  months  to  our  summer,  and 
make  our  river  navigable  for  the  whole  year?  No:  then  the 
advantage  would  still  be  on  our  neighbours’  side.  Would  Taxes 
make  our  Agriculture  flourish  ? No : for  the  Seigniors  to  encour- 
age Agriculture  give  the  lands  for  three  years,  exempt  from  all 

dues,  and  the  lands  often  lie  uncultivated  for  lack  of  means  to 
work  them. 

What  is  it  then  that  compensates  for  the  advantages  they 
possess  over  us  ? It  is  the  peace  that  our  rural  districts  have 
hitherto  enjoyed  ; free  from  Taxation,  and  in  spite  of  the  severity 
of  the  climate,  they  have  seen  the  fruit  of  their  labours,  and  have 
enjoyed  it.  To  this  it  may  be  urged  that  the  rural  districts  are 
harassed  by  the  billeting  of  Troops  and  by  corvees.  This  is  true, 
but  would  the  imposition  of  Taxes  exempt  them  from  this 
burden.  Let  us  see. 

When  the  King  considers  it  necessary  to  send  Troops  into 
t is  Colony  for  the  safety  of  our  possessions,  would  any  one 
oppose  it  ? No,  this  is  a right  which  the  King  possesses  in  all  his 
Dominions,  without  even  being  obliged  to  give  account  of  his 
action.  Have  we  Barracks  in  a condition  for  housing  these 
Troops  ? No;  can  they  live  the  whole  year  under  canvas  ? no  ; 
then  we  must  either  construct  Barracks,  or  lodge  them. 


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6-7  EDWARD  VII.,  A.  1907 

Troops  bring  with  them  a considerable  amount  of  ammunit- 
ion, provisions,  &c.  Who  is  to  transport  these  goods  to  their 
destination  ? willing  men,  it  will  be  said,  who  will  be  wrell  paid. 
You  can  get  willing  men,  it  is  true,  but  at  a rate  so  exorbitant 
that  the  Province  would  not  have  enough  to  pay  for  this  one 
branch  of  defence.  If  you  impose  taxes  upon  them,  you  will  no 
longer  find  them.  So  then,  not  to  put  a stop  to  work  so  indispen- 
sable, it  will  be  necessary  to  commandeer  ; and  in  consequence 
we  must  have  recourse  to  Corvees. 

But  someone  will  perhaps  say  as  has  already  been  said,  that 
what  are  called  Volunteers  will  be  raised  in  the  country.  Here 
then  would  be  a band  of  Freemen  condemned  to  Slavery.  Is  it 
not  enough  for  fortune  to  have  treated  them  so  unkindly,  without 
increasing  their  misery  by  slavery.  This  being  inadmissible, 
taking  everything  into  consideration  it  appears  conclusive  after 
mature  deliberation  that  Taxation  cannot  exempt  us  from  the 
billeting  of  Troops,  or  from  corvees  ; and  that  consequently  an 
Assembly  for  the  imposing  of  Taxes  would  be  contrary  to  the 
interests  of  this  impoverished  Colony. 

End. 

I certify  that  during  the  Course  of  the  month  of  December 
of  the  year  1784,  I have  printed  about  two  hundred  copies  of  the 
Objections  and  about  the  same  number  of  an  Address  to  His 
Majesty  in  opposition  to  the  House  of  Assembly,  (in  -the  same 
space  of  time)  Montreal  29th  December  1788. 

fl.  Mesplet 
printer. 

ADDRESS  OF  ROMAN  CATHOLIC  CITIZENS  TO  THE  KING.1 
(Copie) 

LA  tr£s  humble  addresse  des  citoyens  et  habitans 

CATHOLIQUES  ROMAINS  DE  DIFFERENTS  ETATS  DANS  LE 
PROVINCE  DE  QUEBEC,  EN  CANADA 

Sire,  Au  Roi. 

Les  Bontes  dont  Votre  Coeur  Royal  et  G£n6reux  a pris  plaisir  k combler 
Vos  fideles  et  loyaux  Sujets  Canadiens,  les  Demarches  actuelles  et  pre- 

1 Canadian  Archives,  Q 62A — 1,  p.  297.  No  names  are  appended  to  this  petition  and  it  is 
without  date,  but  it  evidently  belongs  to  this  period,  and  is  doubtless  the  one  referred  to  in  the 
printer’s  note  at  the  end  of  the  preceding  document,  as  being  issued  along  with  it.  An  interesting 
appeal  to  the  French  Canadians  generally  to  protest  against  the  petition  of  the  English  together 
with  some  of  the  French  citizens,  for  the  repeal  of  the  Quebec  Act,  was  printed  and  circulated, 
without  signatures  or  date,  under  the  heading  of  “Freres  et  Compatriotes.”  A copy  of  this  was 
enclosed  in  a letter  of  10th  June,  1785,  from  Finlay  to  Nepean,  Under  Secretary  of  State.  The 
origin  of  it  is  sufficiently  indicated  by  the  upbraiding  administered  to  the  people  for  not  following 
the  counsel  of  the  clergy  and  the  seigneurs,  which  would  have  prevented  the  quartering  of 
English  troops  upon  them.  In  any  case,  if  there  is  to  be  a representative  government,  it  must  be 
on  the  basis  of  three  equal  Estates,  “le  Clerge,  la  Noblesse  et  la  Bourgeoise.”  In  England  it  is 
true  they  have  representative  government,  but  that  only  leads  to  the  levy  of  taxes.  ^ They  are 
told  by  the  agitators  that  in  Canada  an  assembly  will  protect  them  from  the  corvees;  but  in 
England,  with  their  Parliament  they  have  also  the  press  gang,  which  tears  away  the  youths 
from  their  families  for  four,  five,  and  six  years.  See  C.O.  42,  vol.  17,  p.  184. 


CONSTITUTIONAL  DOCUMENTS 


763 


SESSIONAL  PAPER  No.  18 

matures  de  Vos  Anciens  Sujets  residents  dans  notre  Province,  et  le  petit 
Nombre  de  Nouveaux  qui  se  sont  joint  a eux,  nous  font  esp6rer  que  Votre 
Tres  Gracieux  Majest6  nous  permettra  de  nous  prosterner  derechef  au  Pied 
de  son  Trdne,  pour  implorer  Sa  Bienfaisance  et  Sa  Justice. 

Dans  les  Addresses  que  nous  avons  pris  la  Liberte  de  faire  passer  & 
Votre  Majest6  Deux  Objets  ont  eu  l’Unanimite  de  nos  Con-citoyens  ; la 
Religion  de  nos  Peres  etoit  pour  Vos  Nouveaux  Sujets,  comme  pour  tous 
les  Peuples  du  Monde,  le  Point  essentiel  de  nos  Demandes.  Animes  de 
cette  Confiance,  que  la  Generosite  de  notre  Souverain  nous  inspiroit,  nous 
esperions  et  nous  esperons  encore,  que  Votre  Majeste  nous  accordera  les 
Moyens  n6cessaires  pour  la  perpetuer  dans  notre  Colonie:  Nous  avons,  Tr&s 
Gracieux  Souverain,  un  Besoin  urgent  de  Pretres  pour  remplir  les  Semi- 
naires  et  Missions  de  notre  Province;  des  Regents  et  des  Professeurs  de 
cette  Classe,  et  de  toute  autre,  nous  manquent:  Nos  Colleges  sont  deserts; 
de  ce  Defaut  provient  l’lgnorance,  et  de-la  la  Depravation  des  Moeurs. 
C’est  un  Peuple  soumis,  un  Peuple  fidele,  qui  attend  de  Votre  Clemence 
Royale  La  Liberty  de  tirer  de  1’ Europe  des  Personnes  de  cet  Etat. 

Le  second  Objet,  Tres  Gracieux  Souverain,  £toit,  que  sous  quelque 
Forme  de  Gouvernement  qu’il  plairoit  a Votre  Majeste  etablir  en  cette 
Province,  Vos  Sujets  Canadiens  Catholique  jouissent  indistinctement  de 
tous  les  Privileges,  Immunites,  et  Prerogatives  dont  les  Sujets  Britanniques 
jouissent  dans  toutes  les  Parties  du  Globe  soumises  a Votre  Empire.  Dece 
second  Objet  S’ensuivoit  notre  Desir  le  plus  ardent  de  voir  dans  le  Conseil 
Legislatif  de  notre  Province  un  plus  grand  Nombre  de  vos  nouveaux  Sujets 
Catholiques,  proportionnement  a celui  qu’ils  composent  ; de  Personnes 
expertes  dans  nous  Cofitumes,  qui  devant  naturellement  mieux  connoitre 
nos  Loix  municipales,  nous  en  feroient  plus  efficacement  ressentir  les  Avant- 
ages  suivant  les  Intentions  Royales  de  votre  Majeste,  qui  nous  les  a Octroye. 

Une  Colonie  naissante,  un  Peuple  tres-imparfaitement  instruit  des 
Loix  et  constitutions  Britanniques,  ne  croit  pas  devoir  inconsiderement 
demander  des  Loix  et  Costumes  & lui  inconnues  ; il  doit,  au  contraire,  et 
telle  e[s]t  l’Opinion  de  Vos  Suppliants,  S’en  rapporter  entierement  a la  Bien- 
veillance  de  Son  Auguste  Souverain,  qui  fait  mieux  le  Gouvernement  qui 
convient  k ses  Sujets,  et  les  Moyens  les  plus  propres  a les  rendre  heureux. 

Qu’il  nous  soit  permis  seulement  d’assurer  Votre  Majest6  que  nous  ne 
participons  en  aucune  Maniere  aux  Demandes  de  Vos  Anciens  Sujets, 
conjointement  avec  quelque  Nouveaux,1  dont  le  Nombre,  en  Egard  k celui 
qui  compose  notre  Province,  ne  peut  avoir  beaucoup  d’Influence. 

Que  la  Majeure  Partie  des  principaux  Proprietaires  de  notre  Colonie  n’a 
point  6te  consultee. 

Qu’il  Vous  plaise,  Tres  Gracieux  Souverain,  considerer  que  la  Chambre 
d’Assemblee  n’est  point  le  Voeu  unanime,  ni  le  Desir  general  de  Votre 
Peuple  Canadien,  qui  par  sa  Pauvret4,  et  les  Calamites  d’une  Guerre 
recente,  dont  cette  Colonie  a ete  le  Theatre,  est  hors  d’Etat  de  supporter  les 


Referring  to  the  petition  of  Nov.  24th,  1784.  See  p.  742. 


764 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

Taxes  qui  en  doivent  necessairement  resulter  ; et  qu’a  bien  des  6gards  leur 
Petition  paroit  contraire  et  inconsistante  avec  le  Bonheur  de  Nouveaux 
Sujets  Catholiques  de  Votre  Majeste. 

C’est  pourquoi,  Tres  Gracieux  Souverain,  nous  Vous  supplions,  qu’en 
Consideration  de  la  Fidelite  et  Loyaute  de  Vos  Sujets  Canadiens,  dont  leur 
ancien  Gouverneur,  Sir  Guy  Carleton,  a eclaire  la  Conduite  dans  les  Cir- 
constances  les  plus  critiques,  il  soit  permis  a nos  Eveques  Diocesains  de 
tirer  d’Europe  les  Secours  Spirituels  ; qui  nous  sont  si  indispensablement 
n£cessaires,  que  le  libre  Exercise  de  notre  Religion  sont  continue  dans  toute 
son  Etendue,  sans  aucune  Restriction,  que  nos  Loix  Municipales  et  Civiles 
nous  soient  conservees  dans  leurs  Entier  ; et  ces  deux  Points,  avec  les 
memes  Prerogatives1  dont  nos  Peres  et  nous  jouissions  avant  la  conqOete 
de  ce  Pays  par  les  Armes  Victorieuses  de  Votre  Majeste  ; que  Vos  nouveaux 
sujets  Catholiques,  qui  forment  les  Dixneuf-Vingtieme  de  cette  Province 
ayent  a l’avenir,  en  Proportion  de  cette  Nombre,  une  plus  grande  Part  & 1a 
Distribution  de  Vos  Faveurs  Royales.  Et  que  dans  le  Cas  que  Votre 
Auguste  Volonte  fht  d’acquiescer  aux  Demandes  de  Vos  Anciens  Sujets 
conjointment  avec  quelques  nouveaux,  il  vous  plaise  surseoir  Votre  Decision 
Royale  jusqu’  a ce  que  tous  les  Corps  et  Etats  qui  composent  notre  Colonie 
ayent  ete  generalement  et  legalement  convoques,  ce  que  la  Saison  trop 
avancee  nous  empeche  de  faire  en  ce  Moment  ; afin  que  par  ce  Moyen  le 
Voeu  unanime  de  notre  Nation  puisse  etre  transmis  a Votre  Majeste. 

C’est  que  Vos  fideles  et  loyaux  Sujets  Canadiens,  fondes  sur  Droit 
Naturel,  et  plus  encore  sur  Vos  Bontes  Paternelles,  esperent  humblement 
obtenir  de  leur  Tres  Gracieux  Souverain  : Ils  ne  cesseront  de  prier  pour  la 
Conservation  de  Sa  Personne  Sacree,  pour  son  Auguste  Famille,  et  la 
Prosperity  de  ses  Royaumes.  Tels  sont  les  sentiments  qui  les  font  souscrire 
avec  le  plus  profond  Respect. 

Sire 

De  Votre  Majeste 
Les  tres-humble, 

tres-obeissants  Fideles 
et  loyaux  Sujets. 


This  and  other  expressions  in  the  document  would  indicate  that  this  petition  was  presented 
by  the  noblesse  and  the  higher  clergy. 


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765 


SESSIONAL  PAPER  No.  18 

( Translation .) 

(Copy) 

THE  VERY  HUMBLE  ADDRESS  OF  THE  ROMAN  CATHOLIC 
CITIZENS  AND  INHABITANTS  OF  DIFFERENT  CONDITIONS 
IN  THE  PROVINCE  OF  QUEBEC  IN  CANADA 

To  the  King. 

Sire, 

The  Favours  which  it  has  pleased  Your  Royal  and  Generous  Heart 
to  heap  upon  Your  faithful  and  loyal  Canadian  Subjects,  the  present 
illconsidered  Measures  of  Your  Ancient  Subjects  resident  in  our  Province, 
and  the  small  Number  of  New  Subjects  who  have  joined  them,  make  us 
hope  that  Your  Most  Gracious  Majesty  will  allow  us  to  kneel  down  at  the 
Foot  of  your  Throne  to  implore  Your  Benevolence  and  Your  Justice. 

In  the  Addresses  which  we  have  taken  the  Liberty  of  transmitting  to 
Your  Majesty,  Two  points  have  the  unanimous  Consent  of  our  Fellow- 
citizens.  The  Religion  of  our  Forefathers  was  for  Your  new  Subjects,  as  to 
every  People  in  the  World,  the  essential  Point  of  our  Petitions.  Animated 
by  that  Confidence  with  which  the  Generosity  of  our  Sovereign  inspired  us, 
we  hoped,  and  still  hope  that  Your  Majesty  will  grant  us  the  necessary 
Means  for  perpetuating  it  in  our  Colony.  We  are,  Most  Gracious  Sovereign, 
in  most  urgent  need  of  Priests  to  carry  on  the  work  of  the  Seminaries  and 
Missions  of  our  Province  ; Directors  and  Professors  of  this  Class,  and  indeed 
of  any  other  are  lacking.  Our  Colleges  are  deserted ; from  this  want  arises 
Ignorance,  and  from  Ignorance  Moral  Depravity.  Submissive  and  loyal, 
this  People  hope  to  receive  from  Your  Royal  Clemency,  Permission  to  bring 
from  Europe,  Persons  of  this  Class. 

The  second  Object,  Most  Gracious  Sovereign,  was  that  under  whatever 
Form  of  Government  might  seem  best  to  Your  Majesty  to  establish  in  this 
Province,  Your  Catholic  Canadian  Subjects,  without  distinction,  might 
enjoy  all  the  Privileges,  Immunities,  and  Prerogatives,  enjoyed  by  British 
Subjects  in  all  those  Parts  of  the  Globe,  which  are  under  Your  Sway. 

From  this  second  Object  follows  our  most  earnest  Desire  to  see  in  the 
Legislative  Council  of  our  Province  a larger  Number  of  Your  New  Catholic 
Subjects  in  proportion  to  their  numbers;  Persons  experienced  in  our  Customs, 
who  being  naturally  better  acquainted  with  our  Municipal  Laws,  would 
more  effectually  impress  on  us  the  Advantages  resulting  from  the  Royal 
Instructions  of  Your  Majesty,  who  has  granted  them  to  us. 

An  Infant  Colony,  a People  very  imperfectly  acquainted  with  the  British 
Laws  and  Constitution  does  not  feel  that  it  ought,  without  due  consideration, 
to  ask  for  Laws  and  Customs  as  yet  unknown  to  it  ; it  ought,  on  the  contrary, 
and  such  is  the  opinion  of  Your  Petitioners,  to  cast  itself  entirely  on  the 
Goodness  of  its  August  Sovereign,  who  can  best  form  the  Government 


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6-7  EDWARD  VI!.,  A.  1907 

which  is  most  suited  to  his  Subjects,  and  employ  the  Measures  most  fitted 
to  render  them  happy. 

May  we  be  allowed  to  assure  Your  Majesty,  that  we  in  no  wise  concur 
in  the  Petitions  of  Your  Ancient  Subjects,  conjointly  with  some  New  Ones, 
whose  Number  compared  with  the  total  number  comprised  in  our  Province, 
can  exercise  but  little  Influence. 

That  the  Greater  Number  of  the  principal  Proprietors  of  our  Colony 
have  not  been  consulted. 

May  it  please  You,  Most  Gracious  Sovereign,  to  consider,  that  the 
House  of  Assembly  is  not  the  unanimous  Wish,  nor  the  general  Desire  of 
Your  Canadian  People,  who  through  Poverty  and  the  Misfortunes  of  a 
recent  War,  of  which  this  Colony  has  been  the  Theatre,  are  not  in  a Con- 
dition to  bear  the  Taxes  which  must  necessarily  ensue,  and  that  in  many 
respects  to  Petiton  for  it  appears  contrary  to,  and  inconsistent  with  the 
wellbeing  of  the  New  Catholic  Subjects  of  Your  Majesty. 

For  this  reason,  Most  Gracious  Sovereign,  we  entreat  You  that  in 
Consideration  of  the  Fidelity  and  Loyalty  of  Your  Canadian  Subjects,  to 
whose  Behaviour  in  the  most  critical  Circumstances,  their  former  Governour 
Sir  Guy  Carle  ton  has  testified,  our  Diocesan  Bishops  may  be  allowed  to 
bring  over  from  Europe  the  Spiritual  Help,  which  is  so  indispensably  neces- 
sary for  us,  that  the  free  Exercise  of  our  Religion  may  be  continued  to  us 
to  the  fullest  Extent,  without  any  Restriction,  that  our  Municipal  and 
Civil  Laws  may  be  preserved  in  their  Entirety,  and  that  with  these  two 
Points  may  be  granted  the  same  Privileges  enjoyed  by  our  Forefathers  and 
ourselves,  before  the  Conquest  of  this  Country  by  the  victorious  Arms  of 
Your  Majesty  ; that  Your  new  Catholic  Subjects,  who  form  nineteen 
twentieths  of  this  Province,  may  in  the  future,  proportionately  to  their 
Number,  have  a larger  Share  in  the  Distribution  of  Your  Royal  Favours. 
And  that,  in  Case  it  should  be  Your  Royal  Will  to  agree  to  the  Petitions  of 
Your  Ancient  Subjects,  and  of  some  New  Ones,  it  may  please  you  to  suspend 
Your  Royal  Judgment  till  all  the  Classes  and  Communities  which  compose 
our  Colony  shall  have  been  universally  and  legally  called  together,  which 
the  Lateness  of  the  Season,  at  present  prevents  us  from  doing  ; so  that  by 
these  Means  the  unanimous  Wish  of  our  People  may  be  transmitted  to 
Your  Majesty. 

This  is  what  Your  faithful  and  loyal  Canadian  Subjects,  relying  upon 
Natural  Right,  and  still  more,  upon  Your  Paternal  Affection,  humbly  hope 
to  obtain  from  their  Most  Gracious  Sovereign.  They  will  never  cease  to 
pray  for  the  Preservation  of  Your  Sacred  Person,  for  your  August  Family, 
and  for  the  Prosperity  of  your  Realm.  Such  are  the  feelings  which  lead 
us  to  subscribe  ourselves,  with  the  deepest  Respect. 

Sire 

Your  Majesty’s 
Most  humble, 

most  obedient  Faithful 
and  loyal  Subjects. 


CONSTITUTIONAL  DOCUMENTS 


767 


SESSIONAL  PAPER  No.  18 


A DRAUGHT  OF  A PROPOSED  ACT  OF  PARLIAMENT 
FOR  THE  BETTER  SECURING  THE  LIBERTIES  OF 
HIS  MAJESTY’S  SUBJECTS  IN  THE  PROVINCE  OF 
QUEBECK  IN  NORTH  AMERICA  ;l 


OR 

An  Act  to  explain  and  amend  an  Act  Passed  in  the  four- 
teenth Year  of  the  Reign  of  His  present  Majesty, 
intitled,  “An  Act  for  making  more  effectual  Pro- 
vision for  the  Government  of  the  province  of 
“Quebeck  in  North  America.” 


N.B.  Mr.  Powis  moved  for  leave  to  bring  in  a bill  to  this 
effect  in  April,  1786. 2 

Engiandre-^  For  better  securing  the  Liberties  of  His  Majesty’s 
lating  to  the  Subjects  in  the  Province  of  Quebeck  in  North  America,  It  is 
Habeas  hereby  Enacted  by  the  King’s  Most  Excellent  Majesty,  by 
Subjiciendum,3-^  with  the  Advice  and  Consent  of  the  Lords  Spiritual  and 
tecUonof™"  Temporal  and  the  Commons  in  this  present  Parliament  assem- 
personal  bled,  That  all  the  Laws  of  England  relating  to  the  Protection  of 
Fa^pFace  in  personal  Liberty  by  and  by  Virtue  of  the  Writ  of  Habeas  Corpus 
ofeQuebecke  Subjiciendum,  or  otherwise,  that  were  in  force  in  England  on 
after  the  1st  the  seventh  Day  of  October  in  the  Year  of  our  Lord  Christ  one 
temberf  1785. thousand,  seven  hundred,  and  sixty  three,  (being  the  Day  of  the 
Date  of  His  Majesty’s  Royal  Proclamation  under  the  Great 


1 Canadian  Archives,  Q 56-3,  p.  618.  This  bill  was  introduced  into  the  British  House  of 
Commons  on  April  28th,  1786,  and  was  evidently  drawn  up  about  the  same  time  as  the  petition 
of  Nov.  24th,  1784.  It  will  be  observed  from  the  tenor  of  it  that  those  who  framed  it  had  in 
view  the  actions  of  Governor  Carleton  in  dismissing  Chief  Justice  Livius,  and  of  Governor  Haldi- 
mand  in  his  “short  methods  with  dissenters,”  as  also  the  opposition  of  these  governors  to  the 
introduction  of  the  writ  of  Habeas  Corpus  and  of  trial  by  jury  in  civil  matters. 

s Mr.  Powis,  or  Powys  as  the  name  is  given  in  the  parliamentary  records,  was  a prominent 
member  of  the  Opposition,  usually  co-operating  with  Fox,  Burke,  Sheridan,  Savile,  Courtney 
and  others  of  that  group.  He  took  a special  interest  in  Canadian  affairs  and,  in  succession  to 
Sir  Geo.  Savile,  mover  of  the  famous  resolution  regarding  the  increasing  power  of  the  Crown, 
was  active  in  pressing  upon  the  attention  of  the  Ministry  and  the  House  of  Commons,  the  claims 
of  those  of  both  races  in  Canada  who  desired  a less  autocratic  form  of  Government.  The  follow- 
ing note  will  indicate  some  of  his  activities  in  connection  with  the  foregoing  petitions:  House 
of  Commons;  March  30th,  1786.  “Mr.  Powys  having  reminded  the  House,  that  he  had  last 
session  of  Parliament  presented  a petition  from  the  principal  inhabitants  of  Quebec,  complaining 
of  certain  grievances  in  their  legislative  authority;  it  was  then  thought  advisable  to  postpone 
the  consideration  of  the  subject,  as  government  would  undoubtedly  remedy  the  complaint.  He 
was  sorry,  however,  to  observe,  that  during  that  interval,  there  had  been  no  appearance  of 
Administration  redressing  the  grievance  of  the  petitioners;  he  therefore  thought  it  a duty  in- 
cumbent upon  him  to  give  notice,  that  he  would,  on  the  first  open  day,  submit  to  Parliament  a 
proposition  for  redress.”  The  London  Chronicle , Vol.  59,  p.  308. 

In  supporting  his  motion  for  leave  to  bring  in  this  bill,  he  said  it  was  chiefly  intended^  to 
enforce  the  Instructions  given  to  the  Governors  after  the  Quebec  Act,  and  also  to  secure  “an 
emancipation  of  the  Legislative  Council  from  the  uncontroulable  authority  of  the  Governor, 
by  whom  they  were  liable  to  be  displaced  without  cause  assigned.”  Mr.  Pitt,  while  considering 
that  some  reconstruction  of  the  Government  of  Quebec  might  be  extremely  necessary,  yet  felt 
that  in  view  of  the  very  contradictory  petitions  which  the  Ministry  had  received  from  the  Pro- 
vince, it  was  premature  to  go  into  the  question  until  Sir  Guy  Carleton,  who  had  just  been  ap- 
pointed to  the  Government  of  the  whole  of  British  North  America,  had  reported  on  the  condition 
of  the  country.  Mr.  Fox  “professed  himself  at  all  times  to  have  been  an  enemy  to  the  Quebec 
bill,  and  a friend  to  every  alteration  of  it  which  was  proposed.”  He  therefore  supported  the 
measure.  Mr.  Sheridan  and  others  also  supported  the  bill,  referring  to  the  extraordinary  powers 
conferred  upon  Carleton  by  his  new  Commission  and  considering  him  as  scarcely  the  most  likely 
person  to  report  in  favour  of  diminishing  his  own  authority.  After  an  interesting  debate  the 
motion  was  defeated  by  61  to  28.  London  Chronicle,  Vol.  59,  p.  407. 


768 


CANADIAN  A RCHI VES 


6-7  EDWARD  VII.,  A.  1907 


But  they 
may  be 
Suspended 
for  three 
months  at  a 
time  by  an 
Ordinance  of 
the  Legisla- 
tive Council 
of  the  Pro- 
vince in  times 
of  actual  re- 
bellion in 
the  Province 
or  of  an 
invasion  of 
it  by  a 
foreign 
Country. 


Seal  of  Great  Britain  for  erecting  four  new  civil  Governments 
in  the  Countries  and  Islands  then  newly  ceded  to  the  Crown  of 
Great  Britain,  to  wit,  the  Governments  of  Quebeck,  East  Florida, 
West  Florida,  and  Grenada)  shall  be  in  force  in  the  said  Province 
of  Quebeck  from  and  after  the  first  Day  of  next  September  in  this 
present  Year  of  our  Lord  one  thousand,  seven  hundred,  and 
eighty-five,  as  being  one  of  the  principal  Benefits  of  the  Laws  of 
England  that  were  promised  in  His  Majesty’s  Proclamation 
above-mentioned  to  His  Majesty’s  Subjects  residing  in  the  said 
Province.  And  further  the  said  Writ  of  Habeas  Corpus  shall  be 
granted  in  the  Manner  prescribed  by  the  Statute  made  in  that 
Behalf  in  the  thirty-first  Year  of  the  late  King  Charles  the 
Second,  not  only  in  all  Criminal,  or  supposed  Criminal,  Cases, 
but  in  all  other  Cases,  whatsoever  in  which  the  said  Writ  of 
Habeas  Corpus  might  have  been  granted  in  Term-Time  by  the 
Court  of  King’s  Bench  in  England,  on  the  said  seventh  Day  of 
October  in  the  Year  of  our  Lord  one  thousand,  seven  hundred, 
and  sixty-three. 

Provided  nevertheless,  that,  when  the  Peace  of  the  said 
Province  shall  be  actually  broken,  either  by  a Rebellion  or  any 
of  His  Majesty’s  Subjects  in  the  said  Province  against  His 
Majesty’s  Authority,  or  by  an  Invasion  of  the  said  Province  by  a 
foreign  Enemy,  but  in  no  other  Case  whatsoever,  it  shall  and 
may  be  lawful  for  the  Governor  in  Chief,  or  the  Commander  in 
Chief,  of  the  said  Province,  or,  in  Case  of  his  Death  or  absence 
from  the  said  Province,  for  the  Lieutenant-Governour,  or  Com- 
mander in  Chief,  of  the  said  Province,  by  and  with  the  Advice 
and  Consent  of  the  Legislative  Council  of  the  said  Province,  in 
a Meeting  of  the  said  Council  in  which  not  fewer  than  seventeen 
Members  of  the  same  shall  be  present,  to  pass  an  Ordinance  for 
suspending  the  Right  of  His  Majesty’s  Subjects  in  the  said 
Province  to  the  Relief  afforded  by  the  said  Writ  of  Habeas 
Corpus  for  the  space  of  three  Months,  and  no  longer  ; by  Virtue 
of  which  Suspension  all  Persons  that  shall  have  been  committed 
to  Prison  by  the  Warrant,  or  order  in  writing,  of  any  lawful 
Magistrate,  in  the  Province  having  competent  Jurisdiction  to 
make  such  Commitments,  upon  either  a positive  Charge,  or 
a Suspicion,  of  High  Treason,  expressed  in  the  said  Warrant,  or 
Order,  may  be  detained  in  Custody  without  Bail  or  Mainprize 
to  the  End  of  the  said  three  Months,  during  which  the  said 
Ordinance  for  suspending  the  Writ  of  Habeas  Corpus  shall  be 
in  Force.  And  it  shall  also  be  Lawful  for  the  Governour  in 
Chief  or  Lieutenant-Governour,  or  Commander  in  Chief,  of  the 
said  Province,  with  the  legislative  Council  of  the  same,  in  a 
Meeting  of  the  said  Council,  in  which  not  fewer  than  seventeen 


CONSTITUTIONAL  DOCUMENTS 


769 


SESSIONAL  PAPER  No.  18 


Members  shall  be  present,  in  case  the  Disturbance  of  the  Peace 
in  the  said  Province  shall  continue  during  the  Space  of  two 
Months,  or  more,  out  of  the  said  three  months  of  suspension  of  the 
Habeas  Corpus  appointed  by  such  first  Ordinance,  to  pass  a 
second  Ordinance  at  the  end  of  the  said  two  Months,  or  more, 
to  prolong  the  suspension  of  the  said  Writ  of  Habeas  Corpus  for 
a further  Time,  so  that  it  shall  continue  for  the  Space  of  three 
Months  from  the  Time  of  passing  such  second  Ordinance  ; and 
so  on  from  Time  to  Time,  at  the  Distance  of  two  Months  or  more 
from  the  Time  of  passing  any  such  Ordinance,  it  shall  be  Lawful 
to  pass  another  Ordinance  to  prolong  it’s  Operation  for  a further 
Space  of  Time,  so  that  it  shall  continue  for  the  Space  of  three 
Month’s  from  the  Time  of  passing  every  such  preceeding  Ordin- 
ance, so  long  as  the  Continuance  of  the  Disturbance  of  the 
Peace  of  the  Province  shall  make  such  Ordinances  necessary. 


The 

Governor  of 
the  said 
Province 
shall  in  no 
Case  im- 
prison any- 


And  it  is  further  Enacted  by  the  Authority  aforesaid, 
That  from  and  after  the  said  first  Day  of  September  next  in  the 
present  Year  of  our  Lord  one  thousand,  seven  hundred  and 
eighty-five,  it  shall  not  be  Lawful  in  any  case  for  the  Governour 


person  by  in  Chief  of  the  said  Province,  or,  in  Case  of  his  Death  or  Absence 
his  own  . 

Warrant,  or  from  the  said  Province,  for  the  Lieutenant-Governour,  or  the 
Commander  in  Chief,  of  the  said  Province,  (who  in  such  cases 


become  invested  with  the  Powers  and  Privileges  of  the  Governour 
in  Chief,  and  cannot  be  prosecuted  criminally  in  the  Courts  of 
Justice  in  the  Province,)  to  commit  any  Person  whatsoever  to 
Prison  for  any  Offence,  or  Cause,  whatsoever  by  his  own  Warrant, 


or  Order:  but  all  such  Imprisonments  shall  be  made,  when 


necessary,  by  the  Warrants,  or  Orders,  of  the  Chief  Justice  of 
the  said  Province,  or  of  the  Judges  of  the  King’s  Courts  in  the 
said  Province,  or  by  the  Justices  of  the  Peace,  or  Commissioners 
of  the  Peace,  in  the  said  Province,  or  other  Magistrates  having 


competent  Jurisdiction  in  the  said  Province,  by  their  Warrants, 
or  Orders  in  Writing,  in  which  the  Offences,  or  Causes,  for  which 


such  Imprisonments  shall  be  made,  shall  be  expressed. 


And  the  said  Warrants,  or  Orders  in  Writing,  shall  remain 
in  the  Hands  of  the  Keepers  of  the  Prisons  to  which  such  Offend- 
ers shall  be  committed,  to  the  End  that  they  may  be  produced 
by  them  as  the  Grounds  of  their  Justification  for  having  detained 
such  Persons  in  Prison,  either  when  they  shall  be  required  by  the 
Chief  Justice,  or  other  Judges  of  the  Province,  by  Means  of  a 
Writ  of  Habeas  Corpus  ad  Subjiciendum,  to  bring  up  the  Bodies 
of  the  Prisoners  detained  in  their  Custody,  together  with  the 
Causes  of  their  being  so  detained,  before  the  said  Chief  Justice, 
or  other  Judges,  or  when  they  shall  be  sued  in  any  of  the  Courts 


770 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 


His  Majesty’s  regular  Troops,  trom  arresting 
keeping  under  Arrest  any  Officer,  or  Soldier,  in  the  said  Troops, 


of  Justice  in  an  Action  of  Trespass  and  false  Imprisonment  for 
having  so  detained  any  of  the  said  Prisoners. 

Proviso  Provided  nevertheless,  that  nothing  herein  before  enacted 

to  the  power  shall  prevent  the  Governour  in  Chief,  or  Lieutenant-Governour, 
Military  or  Commander  in  Chief,  of  the  said  Province,  being  a Military 
SoMters  °r  Officer  in  His  Maiestv’s  regular  Troops,  from  arresting  and 

which  he 

heaJhaii  be  an  that  is  under  his  Command,  by  Virtue  of  any  Authority  he  may 
Amy^by  vir-be  invested  with  for  that  purpose  by  any  Act  of  Parliament  for 
Act  of  Par  Punishment  of  Mutiny  and  Desertion  in  the  Army  that  may 

liament  for  be  then  in  Force  ; but  he  shall  have  the  same  Right  to  exercise 
ment  ofmu-  such  Military  Authority  as  he  would  have  had  if  he  had  not  been 
sertiond  de'  ^be  Governour  in  Chief,  or  Lieutenant-Governour,  or  Commander 
in  Chief,  of  the  said  Province. 

bers  of  the  And  it  is  further  Enacted  by  the  Authority  aforesaid, 

Cotmdl'shaii  That  from  and  after  the  said  first  Day  of  September  next  in  the 

not  be  liable  present  Year  of  our  Lord  one  thousand  seven  hundred,  and 
to  be  re-  . 

moved,  or  eighty-five,  no  Member  of  the  said  Legislative  Council  shall  be 

thePGover-b'  liable  to  be  either  removed  from  his  place  and  Office  of  a Member 

nour  of  the  Gf  the  Council,  or  Suspended  from  his  Exercise  of  the  same 
Province  but  . . 

only  by  the  for  any  Time,  how  short  soever,  by  the  Governour  in  Chief 
of  the  said  Province,  nor  in  any  other  Manner  than  by  His 
Majesty’s  Order  in  his  Privy  Council  of  Great  Britain,  or  under 
his  Signet  and  Sign-Manual  counter-signed  by  one  of  His  Maj- 
jesty’s  principal  Secretaries  of  State. 

The  judges  of  And  it  is  hereby  further  Enacted  by  the  Authority 

the  Province  # J 

shall  not  be  aforesaid,  That,  from  and  after  the  said  first  Day  of  September 
removed  or  in  this  present  Year  of  our  Lord  one  thousand,  seven  hundred, 
thePGovern>-y  and  eighty-five,  neither  the  Chief  Justice  of  the  said  Province 
onlUr’bbUth  nor  an^  Jub§es  °f  the  Courts  of  Criminal  or  Civil  Juris- 

King. ' diction  in  the  same,  shall  be  liable  to  be  removed  from  his  Office 
of  Chief  Justice,  or  Judge,  by  the  Governour  in  Chief  of  the  said 
Province,  nor  in  any  other  Manner  than  by  His  Majesty’s  Order, 
in  His  Privy  Council  of  Great  Britain,  or  under  His  Signet  and 
Sign-Manual  countersigned  by  one  of  His  Majesty’s  principal 
Secretaries  of  State. 

Unless  the  Provided  nevertheless  that,  if  an  Address  shall  be  presented 

Legislative  # # # . 

Council  shall  to  the  Governour  in  Chief  of  the  said  Province,  or,  in  Case  of  his 
Governour  to  Death  or  Absence  from  the  said  Province,  to  the  Lieutenant- 
judgTfo^  Governour  or  Commander  in  Chief  of  the  same,  by  a Majority 
some  miscon- 0f  the  'whole  Number  of  the  Members  of  the  said  Legislative 
gleet  of  duty;  Council,  setting  forth  some  Misconduct  or  Neglect  of  Duty  in 
he%mayhbeaSethe  Chief  Justice  of  the  Province,  or  in  any  other  Judge  of  the 
forSonedYear  same>  and  thereupon  praying  that  he  may  be  suspended  from 
his  Office  of  Chief  Justice,  or  Judge,  in  the  said  Province  for  the 


CONSTITUTIONAL  DOCUMENTS 


771 


SESSIONAL  PAPER  No.  18 


Persons  ad- 
mitted to  act 
as  Advocates 
in  the  Courts 
of  Justice  in 
the  Province 
of  Quebeck 
Shall  not  be 
Suspended 
from  the  exer- 
cise of  their 
said  profes- 
sion by  any 
authority 
but  that  of 
the  Judges  of 
the  Courts  in 
which  they 
practice,  and 
by  them  only 
by  a written 
Order,  mem- 
tioning  the 
Cause  of  . * 
Such 

Suspension. 


Space  of  a Year,  it  shall  be  lawful  for  the  Governour  in  Chief 
of  the  said  Province,  or,  in  Case  of  his  Death  or  Absence  from 
the  said  Province,  for  the  Lieutenant-Governour  or  Commander 
in  Chief,  of  the  said  Province  for  the  Time  being,  to  suspend 
the  Chief  Justice,  or  Judge,  against  whom  such  Address  of  the 
Legislative  Council  shall  have  been  presented,  from  the  exercise 
of  his  said  Office  of  Chief  Justice,  or  Judge,  in  the  said  Province 
for  the  said  Space  of  one  year  : After  which  Time  the  said 

suspended  Person  shall  either  resume  the  Exercise  of  his  said 
Office  of  Chief  Justice,  or  Judge,  in  the  said  Province  or  be 
Suspended  from  the  Exercise  of  it  for  a further  Time,  or  be 
intirely  removed  from  it,  as  the  King’s  Majesty  shall  think  fit 
to  direct  in  the  Course  of  the  said  Year  of  his  Suspension  either 
by  His  Order  in  His  Privy  Council  of  Great  Britain,  or  by  an 
Order  under  his  Signet  and  Sign-Manual  countersigned  by  one 
of  His  principal  Secretaries  of  State.  And  if  no  such  Signification 
of  the  King’s  Majesty’s  Pleasure  on  the  said  Suspension  shall  be 
made  in  the  course  of  the  Year,  during  which  it  shall  continue, 
the  said  Suspension  shall  be  at  an  End  at  the  Expiration  of  the 
said  Year,  and  the  said  Chief  Justice,  or  Judge,  that  shall  have 
been  so  Suspended,  shall  resume  the  Exercise  of  his  said  Office. 

And  no  Suspension  of  the  Chief  Justice  of  the  said  Province, 
or  of  any  other  Judge  in  the  same,  from  the  Exercise  of  his  said 
Office  of  Chief  Justice,  or  Judge,  made  by  the  Governour  in 
Chief  of  the  said  Province,  or  any  other  Person  therein,  in  any 
other  Manner  than  is  herein  before  set  forth,  shall  be  of  anv 
Validity,  or  Force,  whatsoever. 

And  it  is  further  Enacted  by  the  Authority  aforesaid, 
That,  from  and  after  the  said  first  Day  of  September  in  the 
present  Year  of  our  Lord  one  thousand,  seven  hundred,  and 
Eighty-five,  no  Barrister  at  Law,  or  other  Person  who  has  been 
admitted,  according  to  the  Rules  and  Customs  established  in 
the  said  Province  of  Quebeck,  to  act  as  an  Advocate  at  the  Bar 
of  any  Court  of  Justice  in  the  said  Province,  shall  be  prohibited, 
or  suspended,  from  the  Exercise  of  the  said  Profession  of  an 
Advocate  in  the  said  Court,  for  any  Time  how  short  soever,  in 
any  other  Manner,  or  by  any  other  Authority  than  that  of  an 
Order  of  the  Judge,  or  Judges,  of  the  Court  in  which  he  has 
acted  as  an  Advocate,  grounded  either  on  some  Misconduct 
in  his  Capacity  of  an  Advocate  in  the  said  Court,  or  on  a legal 
Conviction  of  some  Felony,  or  other  Offence  ; which  Order  of 
the  Judge,  or  Judges,  of  the  Court,  either  for  excluding  him 
perpetually  from  the  Liberty  of  acting  as  an  Advocate  in  the 
said  Court,  or  for  suspending  him  therefrom  for  a limited  Time, 
shall  be  in  writing  and  shall  set  forth  the  particular  Fault  in  the 


772 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 


said  Advocate’s  Conduct  in  the  said  Court,  or  the  Offence  whereof 
he  shall  have  been  legally  convicted,  as  aforesaid,  on  which  the 
shaifn^from  sa^  Order  shall  be  grounded.  And  an  Appeal  shall  lie  from  the 
Such  Order  ofsaid  Order  of  Prohibition,  or  Suspension  made  by  the  Judge, 
the  Legisia-  or  Judges,  of  the  Court  in  which  the  said  Advocate  shall  have 
and  frorrTthe  practised,  to  the  Legislative  Council  of  the  said  Province,  who, 
decree  of  the  after  due  Consideration  of  the  Matter,  shall  either  rescind  the 

Legislative 

Council  to  said  Order,  or  confirm  it,  or  mitigate  the  Severity  of  it  by 

Ws  Privy  reducing  it  from  a total  and  perpetual  Prohibition  to  a temporary 

Great0'1  °f  Suspension  from  the  Exercise  of  his  said  Profession  of  an  Advo- 
Britain.  cate,  or  from  a suspension  for  the  Time  mentioned  in  the  Order 
to  a Suspension  for  a shorter  Time,  as  they  shall  see  Occasion. 
And  from  the  Decree  that  shall  be  made  herein  by  the  said 
Legislative  Council  there  shall  lie  a further  Appeal  to  the  King’s 
Majesty  in  his  Privy  Council  of  Great  Britain  ; where  the 
Matter  shall  be  finally  determined.  But  every  such  Order  of 
Suspension  of  an  Advocate  from  the  Exercise  of  his  Profession 
shall  be  in  Force  and  take  Effect,  notwithstanding  an  Appeal 
shall  have  been  made  from  it,  until  such  Appeal  shall  have  been 
heared  and  determined  and  a Decree  shall  have  been  made  by  the 
Court  appealed  to,  whereby  such  order  of  Suspension  shall 
have  been  rescinded,  or  altered. 

And,  whereas  there  are  good  Grounds  for  believing  that 

the  Introduction  of  the  Trial  by  Jury  into  the  said  Province  of 

Quebeck  in  Civil  Actions,  whenever  either  of  the  Litigant  Parties 

shall  desire  it,  in  the  same  Manner  in  which  it  actually  took  Place 

in  the  said  Province  from  the  Month  of  September  in  the  Year 

of  our  Lord  one  thousand,  seven  hundred,  and  sixty-four,  till 

the  first  Day  of  May  in  the  Year  of  our  Lord  one  thousand,  seven 

hundred,  and  seventy-five,  would  greatly  contribute  to  the  fair 

and  impartial  Administration  of  Justice  in  the  said  Province, 

It  is  therefore  further  Enacted  by  the  Authority  aforesaid, 

Day^next  That,  from  and  after  the  said  first  Day  of  September  in  the 

Sep^mbcr  present  Year  one  thousand,  seven  hundred,  and  Eighty-five, 

Trial  by  Jury  the  said  Method  of  Trial  by  a Jury  of  twelve  good  and  lawful 

p^ace^the  Men  shall  again  take  Place  in  the  said  Province  in  all  Civil 

Said  Pro-  Actions  in  the  Courts  of  justice  in  the  same,  whensoever  both, 
vince  in  the  . ... 

determina-  or  either,  of  the  Parties  shall  desire  it  ; but  not  otherwise.  And, 
Actions  inV'  to  the  End  that  the  Persons  who  shall  be  chosen  to  serve  on 
whenever  Juries  may  attend  their  said  Duty  with  the  more  Chearfulness, 
either  of^the  they  shall  receive,  as  a Reward  for  their  Attendance  and  Trouble, 
desire^o  havethe  Sum  of  Half  a Spanish  Dollar  to  each  Jury-Man  ; which 
Sum  shall  be  paid  to  them  immediately  in  Court  as  soon  as  they 
shall  have  brought  in  their  Verdict,  by  the  Party  which  shall  have 
desired  to  have  such  mode  of  Trial,  or,  if  both  Parties  shall  have 


CONSTITUTIONAL  DOCUMENTS 


773 


SESSIONAL  PAPER  No.  18 

joined  in  desiring  such  Mode  of  Trial,  by  both  the  Litigant 
Parties  equally. 

And,  to  the  End  that  the  Resolutions  and  Proceedings  of  the 
Legislative  Council  of  the  Province  (by  which  the  said  Province 
is  now  governed  without  an  Assembly  elected  by  the  Freeholders 
of  the  same)  may  be  made  more  agreeable  to  the  general  Sense 
and  Inclinations  of  the  People  of  the  same,  It  is  further 
Enacted  by  the  Authority  aforesaid,  That,  from  and  after 
the  first  Day  of  next  September,  in  the  present  Year  of  our  Lord 
one  thousand,  seven  hundred,  and  eighty-five,  the  Legislative 
Council  shall  consist  of  not  fewer  than  thirty-one  Members,  who 
shall  be  nominated  and  appointed  by  the  King’s  Majesty,  in 
the  same  Manner  as  the  Members  who  now  compose  the  said 
Council  have  been  nominated  and  appointed  by  Virtue  of  the 
Act  of  Parliament  passed  in  that  Behalf  in  the  fourteenth  Year 
of  the  Reign  of  His  present  Majesty. 

Finis 

PETITION  OF  SIR  JOHN  JOHNSON  AND  LOYALISTS.1 

Copy  of  a Petition,  intituled,  “The  Petition  of  Sir  John  Johnston,  Bar1 
and  others  in  Behalf  of  the  Loyalists  settled  in  Canada.”  Dated 
London,  11th  April  1785  ; and  signed  by  Colonel  Gay  Johnson,  and 
others. 

To  the  King’s  Most  Excellent  Majesty. 

The  Petition  of  Sir  John  Johnston  Baronet,  and  others,  whose  names 
are  hereunto  subscribed,  on  Behalf  of  the  Officers  and  Soldiers  of  the 
Provincial  Troops  and  Indian  Department,  who  served  under  their  Com- 
mand during  the  late  Rebellion  ; and  of  the  other  Loyalists,  their  Associates, 
who  have  taken  Refuge  in  Canada. 

Most  humbly  Sheweth, 

That  the  Persons  of  the  above  Description,  animated  by  your  Peti- 
tioner’s Example,  having  sacrificed  their  Estates  and  Properties  in  support 
of  Your  Majesty’s  Laws  and  Government,  did  faithfully  serve  in  Canada, 
and  on  its  Frontiers,  till  the  Reduction  of  these  Corps  ; when  being  still 
actuated  by  the  same  Principle  of  Loyalty  and  Affection,  they,  to  the 
number  of  several  Thousands,  resolved  to  settle  within  Your  Majesty’s 
Government,  on  the  Lands  assigned  them  as  a Reward  for  their  Services, 
and  in  pursuance  of  the  Proclamation  of  Your  Majesty’s  Commissioners  in 
the  year  1776  ; and  entered  earnestly  on  the  Improvement  thereof,  with  a 


After  the  lBt 
Day  of  next 
September 
1785,  the 
Legislative 
Council  of 
the  Province 
of  Quebeck 
shall  consist 
of  at  least 
thirty-one 
Members. 


1 Canadian  Archives,  Q 62A-2,  p.  339.  See  also  “Copy  of  a Memorial  to  Sir  John  Johnson, 
from  the  Officers  and  private  Men  of  the  late  Corps  of  Loyal  Rangers,  now  inhabitants  of  the 
Royal  Seigneurie  No.  2 above  Cataraquoui.”  Q 24,  p.  262. 


774 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

Prospect  of  making  a Provision  for  their  Families,  and  thereby  contributing 
greatly  to  the  Advantage,  Strength,  and  Security  of  that  Province,  and  to 
the  Increase  of  Your  Majesty’s  Revenues. 

That  the  Tenure  of  Lands  in  Canada  is  such  as  to  subject  them  to  the 
rigorous  Rules,  Homages  and  Reservations,  and  Restrictions  of  the  French 
Laws  and  Customs,  which  are  so  different  from  the  mild  Tenures  to  which 
they  had  ever  been  accustomed,  and  which  continue  to  be  enjoyed  by  the 
rest  of  Your  Majesty’s  Subjects,  has  occasioned  a general  Discontent,  and 
would  have  induced  many  to  decline  accepting  their  Locations,  and  to 
resolve  on  abandoning  their  Enterprize,  but  for  the  Influence  of  Your 
Petitioners,  who  had  first  led  them  into  the  Service,  and  on  whose  Endeavours 
they  relied  for  obtaining,  through  Your  Majesty’s  Favour,  the  Grant  of 
such  Terms  and  Tenures,  and  the  Establishment  of  the  same  Laws  as  they 
formerly  enjoyed  under  the  auspices  of  Your  Majesty’s  Government. 
In  full  Confidence  of  this  happy  Event  they  were  prevailed  upon  to  persevere 
in  their  Settlements,  on  which  they  have  already,  at  some  Expence,  and 
much  Labour,  erected  Habitations,  and  cleared  Part  of  the  Lands  allotted 
to  them. 

For  the  Attainment  of  these  Objects,  so  essential  to  the  Happiness  of 
Your  Majesty’s  faithful  Subjects,  so  conducive  to  the  Increase  of  these 
new  Settlements,  and  so  salutary  in  their  Consequences  to  the  Public,  we 
have,  upon  mature  Deliberation,  formed  a Plan,  which  with  the  reasons  in 
support  of  it,  we  humbly  presume  to  submit  to  Your  Majesty’s  Royal 
Consideration. 

Ist  It  is  proposed,  that  the  County  of  Point  Boudet,  on  the  Lake  S* 
Francois,  in  the  River  S*  Lawrence,  and  from  thence  Westward,  shall  be 
comprehended  within  One  District,  distinct  from  the  Province  of  Quebec, 
under  the  Government  of  a Lieutenant  Governor  and  Council,  to  be  ap- 
pointed by  Your  Majesty,  with  the  necessary  Powers  of  internal  Regula- 
tion, but  subordinate  to  the  Governor  and  Council  of  Quebec,  in  the  same 
manner  as  the  Island  of  Cape  Breton  now  is,  to  the  Government  of  Nova 
Scotia.  This  Territory  will  include  all  the  Settlements  made  or  intended 
to  be  made  by  the  disbanded  Corps,  and  the  other  Loyalists,  while  it 
leaves  all  French  Canada  and  the  French  Seigneuries  as  they  were  before. 

2dly  That  this  Territory  shall  be  subdivided  into  smaller  Districts  or 
Counties,  Cataraqui1  being  the  Metropolis,  with  Courts  of  Justice,  to  be 
established  by  Your  Majesty. 

In  support  of  such  an  Arrangement,  vre  beg  leave  to  remark,  that  it 
will  be  productive  of  the  most  beneficial  Consequences,  not  only  to  the 
Settlers,  but  to  the  Nation  at  large — . Whilst  this  Territory  remains  a Part 
of  the  Province  of  Quebec,  and  the  Inhabitants  amenable  to  the  Courts 
of  Justice  there  and  at  Montreal,  the  Delay  and  expence  of  an  Attendance 
on  those  Courts,  both  to  Suitors  and  Witnesses,  will  be  enormous,  the 
distance  from  Detroit  to  Montreal  being  not  less  than  Six  hundred  Miles, 


1 Afterwards  Kingston 


CONSTITUTIONAL  DOCUMENTS 


775 


SESSIONAL  PAPER  No.  18 

without  any  Road  whatsoever,  and  the  water  communication  exceedingly 
tedious,  precarious,  and  during  the  Winter  Season  absolutely  impassable : 
Crimes  will  be  committed  with  Impunity,  from  the  difficulty  of  Prosecutions  ; 
and  Civil  Remedies  in  effect  rendered  burthensome  from  the  same  causes. 

The  Inhabitants  of  this  Territory,  already  amounting  to  several 
Thousands,  conceive  with  all  Humility  that  they  have  the  strongest  Grounds 
to  hope  for  such  an  exempt  Jurisdiction  as  they  ask  for  ; They  were  born 
British  Subjects,  and  have  ever  been  accustomed  to  the  Government  and 
Laws  of  England.  It  was  to  restore  that  Government,  and  to  be  restored 
to  those  Laws,  for  which  from  Husbandmen  they  became  Soldiers,  animated 
with  the  Hope,  even  in  the  most  gloomy  Aspect  of  Public  Affairs,  that 
should  they  fail  in  their  Attempts  to  recover  their  former  Habitations  by 
a Restoration  of  Your  Majesty’s  Government,  they  would  still  find  a 
Resource  in  some  Parts  of  the  British  Dominions,  where  they  might  enjoy 
the  Blessings  of  British  Laws  and  of  the  British  Government  ; and  they 
still  possess  the  greatest  Confidence,  that  by  Your  Majesty’s  Gracious 
Interposition  they  will  be  exempted  from  the  Burthens  of  French  Tenures, 
which,  however  congenial  they  may  be  to  Men  born  and  bred  under  them, 
would  be  in  the  highest  Degree  exceptionable  to  Englishmen. 

The  Petitioners  have  the  more  Confidence  in  the  Success  of  their  Appli- 
cation, from  reflecting  that  they  do  not  ask  for  more  than  has  already  been 
granted  to  their  Fellow  Sufferers  in  Nova  Scotia,  for  less  indeed  than  is 
enjoyed  by  those  who  are  settled  in  the  Province  of  New  Brunswick,  and 
only  to  be  in  the  same  situation  with  the  Settlers  in  the  Island  of  Cape 
Breton  : A distinction  between  men  under  the  same  circumstances  of  Pre- 
scription, Confiscation,  and  Attainder,  and  who  had  been  invited  into  the 
Public  Service,  and  to  take  Part  in  the  Royal  Cause,  by  the  same  assurances 
of  Protection,  and  the  same  Gracious  Offers  of  Rewards,  in  the  one  case 
continuing  to  Settlers  the  Blessings  of  the  British  Constitution,  and  in  the 
other  subjecting  them  to  the  Hardships  of  French  Tenures  and  French  Laws, 
they  trust  will  not  be  permitted  by  a Gracious  Sovereign,  who  is  the  Father 
of  all  His  People. 

In  consideration  of  the  vast  extent  of  this  Territory,  along  an  important 
and  valuable  Communication,  which  is  not  only  the  Channel  of  the  Fur 
Trade,  but  the  Residence  of  those  Nations  of  Indians  who  took  part  in 
Support  of  the  Royal  Cause,  the  Security,  growth,  and  extension  of  these 
Settlements,  must  evidently  be  an  object  of  the  utmost  Consequence,  not 
only  as  it  will  most  essentially  secure  and  promote  that  Trade,  but  as  it  will 
preserve  those  Indians  in  their  adherence  to  Your  Majesty. 

The  United  States  are  duly  impressed  with  this  Idea,  and  have  already 
manifested  a purpose  of  supplanting  us  in  the  Friendship  of  the  Indians  ; 
and  unless  they  are  counteracted,  the  British  Interest  with  those  Nations 
will  very  rapidly  decline.  We  humbly  presume  that  effectually  to  counter- 
act them  nothing  would  be  so  conducive  as  the  Establishment  of  a liberal 
System  of  Tenure,  Law,  and  Government  in  this  new  Settlement  ; this 


7 


776 


CANADIAN  A RCHI VES 


6-7  EDWARD  VII.,  A.  1907 

would  best  contribute  to  the  Growth  and  Increase  of  it  ; whilst  it  would 
stimulate  the  Adventurers  themselves  to  the  most  vigorous  Exertions,  it 
would  invite  and  encourage  Emigration  to  it  ; for  as  the  present  Inhabitants 
before  the  Rebellion  principally  resided  in  the  now  United  States,  their 
extensive  connections  there,  from  their  Attachment  to  Your  Majesty,  their 
ancient  Predilection  in  favour  of  the  British  Government,  their  Dislike 
of  the  Republican  Government  they  now  live  under,  as  well  as  from  their 
Family,  and  Personal  Attachments,  would  be  strongly  induced  to  remove 
to  this  new  Colony  : Should  Your  Majesty  graciously  vouchsafe  Your 
Royal  Protection  to  these  Settlements,  we  are  confident  that  in  every 
Competition  for  the  Favour  of  the  Indians  Your  Majesty  will  have  a 
decided  Advantage,  not  only  from  the  Influence  which  many  of  your 
Petitioners  are  known  to  have  over  them,  but  because  Numbers  of  the 
present  Settlers  have  long  been  in  Habits  of  Friendship  and  mutual  good 
Offices  with  them,  sharing  the  same  Dangers,  and  fighting  in  the  same 
Cause,  and  whose  former  Prepossession  would  thus,  by  means  of  a familiar 
and  constant  Intercourse  with  Your  Majesty’s  Faithful  Subjects,  be  best 
preserved  and  rendered  permanent. 

Upon  the  whole,  whether  we  consider  the  Relief  and  Prosperity  of  the 
Settlers  as  Sufferers  in  the  Cause  of  their  King  and  Country,  for  whom 
Your  Majesty  has  ever  expressed  so  Benevolent  a Disposition,  or  the  Ad- 
vancement of  the  Settlement,  as  conducive  to  the  Benefit  of  the  Nation, 
in  either  View,  and  much  more  in  both  respects,  do  we  conceive  that  the 
Plan  now  proposed  is  such  an  one  as  will  merit  and  obtain  Your  Royal 
Attention  and  Patronage.  , 

For  our  Part,  we  conceive  ourselves  bound  by  the  strongest  Ties 
to  use  every  Endeavour  in  our  Power  to  promote  the  Wishes  of  these 
People  ; It  was  by  our  Example  that  numbers  of  them  were  induced  to  quit 
their  former  Possessions,  and  to  take  up  Arms,  by  which  they  have  been 
deprived  of  their  Property,  and  Banished  from  their  Country  ; and  it  was 
from  their  expectation  of  the  Success  of  our  Representation  to  their  Sover- 
eign, that  they  have  entered  upon  the  arduous  undertaking  of  forming 
Settlements  in  a wild  and  inhospitable  Country  ; — Well  knowing  the 
Disposition  of  these  People,  and  the  Habits  in  which  they  have  been  bred, 
we  think  it  our  Duty  most  respectfully  to  declare  it  to  be  our  opinion,  that 
unless  they  can  obtain  the  object  they  are  in  pursuit  of,  they  will  be  dis- 
couraged from  Carrying  on  their  present  Enterprize,  and  prefer  some  other 
part  of  Your  Majesty’s  Dominions,  where  they  may  enjoy  the  Blessings  of 
the  British  Constitution,  but  where  perhaps  they  would  not  be  equally 
useful  as  they  will  be  in  their  present  situation,  should  they  receive  the 
Protection  they  solicit. 

Your  Petitioners,  therefore,  impelled  by  motives  of  Humanity  towards 
a Number  of  Distressed  Families,  by  a sense  of  Honor  and  Justice  to  a set 
of  deserving  Men,  who  placed  Confidence  in  them,  and  to  whose  Eventual 
Loss  of  Property  and  Reverse  of  Fortune,  they  consider  themselves  in  a 


CONSTITUTIONAL  DOCUMENTS 


777 


SESSIONAL  PAPER  No.  18 

great  Degree  accessory,  and  at  the  same  time  by  a Conviction  of  the  Public 
Utility  of  the  Measure,  most  humbly  implore  Your  Majesty  that  the  Bles- 
sings of  the  British  Laws  and  of  the  British  Government,  and  an  exemption 


from  the  Tenures,  may  be  extended  to 
London 

11th  April  1785. 

Rob*  Leake,  Major  late  2d 
Battn  K.  R.  Reg*  New  York 
John  Munro.  Cap*  late  Is* 

Battn  K.R.  Reg*  New  York. 
P.  Daly.  Cap*  late  Is* 

Battn  K.R.  Reg*  New  York. 
Tho8  Gummersal  Cap*  late 
Is*  Battn  K.R.  Reg*  New  Yo 


the  aforesaid  Settlements.1 
(Signed) 

Gay  Johnson,  Col.  6 Nations  & 
Superintendant  of  their  Affairs. 
John  Butler.  L*  Colonel 
Commanding  late  Rangers. 
Eben  Jessup,  late  L*  Col. 

Commdg  King’s  Loyal  Americans. 
James  Gray,  late  Major 
K.R.  Reg*  New  York. 

Edw  Jessup,  Major  Commdg 
:.  late  Corps  of  Royal  Rangers. 


HAMILTON  TO  SYDNEY.2 

Duplicate  Quebec  20th  April  1785 

My  Lord 

In  a former  letter  to  your  Lordship,  I made  an  undisguised  avowal  of 
my  entire  ignorance  of  various  matters  relative  to  the  state  of  this  Province 
very  necessary  to  be  known  by  a person  in  my  situation.3  Tho’  I dayly 


1 On  the  3rd  and  afterwards  on  the  21st  March,  1785,  Lt.  Governor  Hamilton  first  brought 
to  the  attention  of  the  Legislative  Council,  on  the  basis  of  petitions  and  representations  made  to 
him,  the  situation  of  the  Loyalists  settled  in  the  various  parts  of  the  province,  remote  from 
centres  at  which  courts  were  held,  and  asked  Council  to  consider  measures  for  their  relief.  On 
April  18th,  the  President  of  the  Council,  Mr.  Finlay,  brought  in  the  “heads  of  an  Ordinance 
To  Grant  to  the  New  Settlers  at  Cataraqui  and  the  Townships  above  that  place,  and  at  Gaspey 
and  the  Bay  of  Chaleurs  in  the  Lower  parts  of  the  province,  the  means  of  settling  differences  and 
recovering  small  debts  in  a Summary  way.”  This  was  strongly  opposed  by  the  group  which 
had  constituted  themselves  the  guardians  of  the  French  Canadian  system  from  the  encroach- 
ments of  the  English  law  and  institutions.  By  granting  even  a very  limited  Jurisdiction  to 
the  Magistrates  in  the  remote  parts  of  the  Province,  they  claim  that  it  will  have  a tendency  to 
make  a distinction  between  the  new  and  the  old  subjects,  and  to  break  up  the  unity  of  the  country 
and  its  laws.  It  would  be  better  to  extend  to  this  district  the  French  Canadian  system  of  ad- 
ministration through  officers  of  the  Militia,  who,  with  some  Justices  of  the  Peace  thoroughly 
versed  in  the  French  Laws,  would  make  them  acquainted  with  these  laws  and  convince  them 
that  as  settlers  in  Canada  they  must  come  under  the  same  laws  and  ordinances  as  the  other 
inhabitants  of  the  country.  See  Minutes  of  the  Leg.  Council,  vol.  D.,  pp.  286—7.  The  ordinance 
as  finally  passed  was  of  the  mildest  nature,  and  under  the  amended  title  “For  granting  a limited 
civil  power  and  jurisdiction  to  his  majesty’s  justices  of  the  peace  in  the  remote  parts  of  the 
province.”  It  merely  authorized  the  Justices  of  the  Peace  to  deal  with  the  recovery  of  small 
deb  s between  2 shillings  and  6 pence  and  40  shillings.  See  Ordinances  1763-1791,  p.  169. 

2 Canadian  Archives,  Q 24-2,  p.  291.  When  Haldimand  returned  to  Britain  in  the  autumn 
of  1784,  Lieut.  Governor  Henry  Hamilton  assumed  office  as  administrator  of  the  Civil  Govern- 
ment, while  St.  Leger  was  placed  in  command  of  the  military  affairs,  with  Hope  as  Commissary 
General.  After  the  passing  of  the  Quebec  Act  Hamilton  had  received  his  appointment  from 
Dartmouth  as  Lt. -Governor  at  Detroit,  and  was  one  of  those  to  whom  fell  the  unfortunate  duty 
of  employing  the  Indians  to  harass  the  scattered  frontier  settlements  of  the  English  colonists  in 
Pennsylvania  and  Virginia,  during  the  Revolutionary  War.  Afterwards,  as  Lt.  Governor  of 
Quebec  Province  and  President  of  the  Legislative  Council,  by  his  advocacy  of  the  extension  of 
British  institutions  in  Canada,  he  incurred  the  enmity  of  Governor  Haldimand  and  his  friends. 
Thomas  Townshend,  afterwards  Viscount  Sydney,  was  one  of  the  Secretaries  in  1782,  but  had 
been  replaced  by  Fox  during  the  Shelburne  Administration.  He  again  became  Secretary  of 
State  for  the  Home  Department,  on  Dec.  23rd,  1783.  He  was  created  Baron  Sydney  in  March, 
1783,  and  Viscount  Sydney  in  1789. 

3 The  letter  referred  to  is  evidently  that  of  Dec.  2nd,  1784,  in  which  he  refers  to  his  inexper- 
ience in  the  details  of  the  government,  owing  to  the  lack  of  information.  See  Q 24-1,  d.  24.  He 
brings  up  the  matter  again  in  his  letter  of  Jan.  23rd,  1785.  Q 24-1,  p.  258.  Hamilton  had  made  re- 


778 


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6-7  EDWARD  VII.,  A.  1907 

gain  some  information  yet  I am  apprehensive  that  my  long  letters  contain 
too  little  matter  to  be  interesting. 

The  minutes  of  Council  will  no  doubt  display  the  endeavours  of  some 
of  the  Members  to  bring  forward  salutary  measures,  to  improve  defective 
Laws,  & to  render  a British  Constitution  desirable  as  well  as  venerable. 

These  endeavours  will  appear  to  have  been  opposed  and  counteracted 
generally  by  the  same  persons  whose  attempts  however  sometimes  fall 
short  of  their  aim. 

It  might  seem  a hazarded  opinion  to  advance  that  there  are  a few 
persons  in  this  Province  who  appear  desirous  that  the  Canadians  should 
feel  such  restraints  and  bear  such  burthens  under  English  Government  as 
shall  keep  their  minds  open  to  favorable  impressions  of  their  former  situation 
under  French  Laws  and  an  Arbitrary  Government.  What  other  principle 
could  operate  to  prevent  the  substitution  of  legal  means  to  the  odious 
partial  services  by  corvees  ? Why  have  not  the  services  been  regulated  and 
equallized  I* 1 

A principal  object  for  the  consideration  of  the  Legislature  is  the  arrival 
in  this  Province  of  numbers  of  Englishmen  or  the  descendants  of  Englishmen 
who  must  abhor  their  being  subjected  to  an  authority  they  have  been  un- 
acquainted with,  and  to  men  whose  language  & customs  they  are  as  yet 
strangers  to.  Provision  by  Law  should  be  made  to  conciliate  these  people, 
and  if  possible  prevent  complaint  by  anticipating  their  grievances. 

Until  this  day  the  Militia  Ordinance  remains  unamended,  tho’  its 
defects  are  palpable  & even  acknowledged  by  those  who  might. reform  it — 
They  advance,  that  this  is  not  a proper  period,  but,  if  a time  of  Peace  is 
not  the  properest  time  to  relieve  a people  from  the  burdens  indispensably 
borne  in  a time  of  War,  these  Gentlemen  see  not  the  readyest  means  of 
contenting  the  Canadians,  or  are  wilfully  blind  to  them.2 

The  general  terms  in  which  I represented  this  matter  at  the  opening 
of  the  Session  not  having  produced  the  desired  effect,  I took  occasion  in  the 
Private  Council  to  enter  more  particularly  into  the  subject,  at  the  same 
time  expressing  my  wish  that  the  Canadians  should  participate  with  the 
Old  Subjects  in  all  the  advantages  of  the  English  Constitution  mentioning 
the  various  provisions  and  considerations  which  had  governed  the  British 
Legislature  in  forming  the  English  Militia  Law. 

One  of  the  Members,  a native  of  this  Country  advanced,  that  the  new 
subjects  in  this  Province  would  Universally  prefer  their  Ancient  Govern- 


peated  applications  to  Haldimand  before  his  departure  for  information  and  instructions  relative 
to  the  government  of  the  Province.  These  being  withheld,  up  to  the  last  moment,  he  had  made 
application  to  Sydney  for  the  necessary  papers  and  instructions.  See  Hamilton  to  Haldimand. 
Q 23,  p.  392;  Hamilton  to  Sydney,  Q 23,  p.  389;  and  Finlay  to  Nepean,  Q 23,  p.  438. 

1 There  was  much  protest  among  the  general  body  of  French  Canadians,  except  of  course  the 
Seigneurs,  against  the  enforcement  of  the  corvees  and  other  feudal  exactions  of  the  older  Regime, 
as  enforced  by  Carleton  and  Haldimand,  and  later  by  Hope  within  whose  functions  as  Quarter- 
master General  these  matters  lay.  Among  numerous  papers  on  the  subject  may  be  taken  a 
group  giving  the  French  complaints  and  Hope’s  reply.  See  Q 25,  p.  438. 

* The  military  administration  of  the  Province  was  in  the  hands  of  St.  Leger  and  Hope. 
For  a vigorous  criticism  of  Hamilton’s  administration  after  the  departure  of  Haldimand,  see 
Hope  to  Haldimand,  May  26th,  1785.  Q 24-2,  p.  386. 


CONSTITUTIONAL  DOCUMENTS 


779 


SESSIONAL  PAPER  No.  18 

ment,  and  return  to  the  dominion  of  their  ancient  Master  or  Masters. 
This  being  uttered  with  Vehemence  produced  a ferment  which  I interrupted 
by  addressing  myself  to  the  Member,  who  was  (I  believe)  struck  with  a 
sense  of  his  own  imprudence,  saying,  “Monsieur,  si  ses  gens  croyent  par  1& 
“montrer  leurs  bons  sens,  du  moins  ils  ne  demontrent  point  ce  que  demande 
“leur  devoir.”  What  followed  from  the  Members,  being  likely  to  produce 
acrimony  and  personalities  I thought  proper  to  stop  them  by  saying, 
“brisons  la  dessus”  and  urged  the  further  consideration  of  the  business 
before  us. 

I cannot  help  My  Lord  calling  to  mind  the  Marquis  de  la  Fayette,1 
his  visit  to  the  Indians,  the  inherent  Attachment  of  the  French  to  whatever 
is  French,  the  possibility  of  a revival  of  natural  prejudices  upon  the  event 
of  a Continental  War  in  Europe,  and  the  indefatigable  industry  of  the 
rivals  of  Britain  to  create  for  her  difficulties  and  embarrassments  : the 
unrestrained  maxims  of  their  policy  which  all  the  world  has  experienced 
and  which  they  think  Justifiable  if  subservient  to  their  boundless  ambition. 

My  Lord,  I give  no  credit  to  this  Gentleman’s  assertion,  but  I will 
venture  to  advance  that  if  any  thing  can  effectually  hasten  the  disaffection 
of  the  Canadians  to  British  Government,  it  is  the  idea  which  some  few 
entertain  and  which  seems  to  govern  their  reasonings  and  actions,  that  a 
military  system  alone  with  an  adherence  to  the  maxims  of  a military 
Government  can  retain  the  people  of  this  Colony  in  their  allegiance.  An 
enquiry  into  the  character  consequence  and  unbiassed  disinterestedness  of 
these  few  persons  whom  I could  count  up  without  employing  many  figures 
would  satisfy  your  Lordship  that  they  cannot  have  the  confidence  of  the 
people  at  large,  wanting  fortune,  activity,  information  and  true  public  spirit. 

Your  Lordship  knows,  Canada  is  no  longer  what  it  was  at  the  conquest  ; 
it  is  (as  I have  reason  to  think)  much  altered  since  the  American  Inde- 
pendence took  place. 

Besides  the  afflux  of  persons  disgusted  with  American  Government, 
the  load  of  taxes  imposed  on  those  who  yet  remain  under  it  must  shew  to 
the  Canadians  their  advantages  over  them  in  situation  which  they  were 
blind  to  while  the  American  Emissaries  during  the  late  rebellion  amused 
them  with  the  florid  display  of  the  blessings  of  American  liberty. 

Those  persons  who  by  their  mere  negatives  to  matters  brought  on  in 
Council,  stop,  or  prolong  the  proceedings,  are  not  armed  with  argument 
to  support  their  naked  votes,  & lean  upon  the  faith,  information  and  sug- 
gestions of  those  few  who  have  more  subtility  and  plausibility  than  solid 
Argument. 

The  minutes  speak  for  this  assertion,  but  My  Lord  I must  resort  to 
Your  indulgence  for  thus  openly  & perhaps  too  warmly  treating  this  subject. 

* Referring  to  the  visit  of  Lafayette  and  the  American  Commissioners  to  various  tribes  of 
western  Indians.  At  Fort  Stanwix  they  met  with  deputies  from  the  Six  Nations.  See  Haldi- 
mand  Papers,  B 58,  p.  14;  also,  Q 24-1,  pp.  17  and  43. 


780 


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6-7  EDWARD  VII.,  A.  1907 

I have  heard  it  said  that  I encourage  petitioners  and  remonstrants — it 
may  be  so  understood  because  in  the  last  Session  of  the  Legislative  Council, 
I voted  for  throwing  open  the  doors  of  the  Council  chamber.1  I receive  all 
Applications  from  the  highest  to  the  lowest,  I wish  to  render  Justice  to  all. 
If  Petitioners  are  not  heard  how  shall  abuses  be  reformed  ! — if  I have  not 
the  confidence  of  the  people  at  large,  I shall  be  a stranger  to  their  dis- 
contents, ’till  they  break  out  in  murmurs  and  it  may  then  be  too  late  to 
apply  a Remedy. 

The  papers  which  shall  be  transmitted  from  time  to  time  I expect  will 
vindicate  this  reasoning,  in  the  interim  Your  Lordship  will  please  to  Justify 
me  in  so  much  as  I have  not  reaped  the  advantage  of  those  notices  and 
instructions  which  I am  to  hope  will  come  to  my  assistance  from  Your 
Lordship  in  the  short  period  of  the  absence  of  a Superior2 

I have  the  honor  to  be  with  profound  deference  and  respect 

My  Lord 

Your  very  obedient  and 
Very  faithful  servant 

HENRY  HAMILTON 

The  Right  Honorable  Lord  Sydney 

One  of  His  Majestys  Principal  Secretaries  of  State 


ORDINANCE  ESTABLISHING  TRIAL  BY  JURY. 
ANNO  VICESIMO  QUINTO  GEORGII  REGIS.3 

Chap.  II. 

An  Ordinance  to  regulate  the  Proceedings  in  the  Courts  of 
Civil  Judicature,  and  to  establish  Trials  by  Juries  in  Actions  of 
a Commercial  Nature  and  Personal  Wrongs  to  be  compensated 
in  Damages. 


1 This  refers  to  the  proceedings  in  Council  in  April,  1784,  when  a number  of  citizens  of  Quebec 
made  application  for  permission  to  be  present  at  the  debates  of  the  Legislative  Council.  Grant 
moved  that  the  application  be  granted  giving  his  reasons  The  Council,  however,  by  a vote  of 
1 1 to  5 adopted  the  following  position,  “The  Council  have  voted  that  the  Gentlemen  who  requested 
Admittance  to  hear  the  Debates  this  day  cannot  be  admitted.  This  to  serve  for  Answer  to  every 
future  Application.”  Reasons  of  dissent  were  recorded  by  Lt.-Gov.  Hamilton,  President  of  the 
Council,  and  Mr.  Finlay.  Hamilton’s  reason  was,  “because  our  Debates  have  for  object  the 
Benefit  of  the  province."  The  reason  for  their  votes  put  forth  by  the  leaders  of  the  majority, 
was  that  their  oath  as  councillors  required  them  to  keep  secret  all  that  might  be  discussed  in 
Council.  Mr.  Finlay,  in  his  reasons  for  dissent,  sought  to  prove  that  no  such  limitations  applied 
to  the  proceedings  of  Council  as  a legislative  body.  See  Minutes  of  Leg.  Council,  v.  D.,  pp. 
162-4. 

2 As  a result  of  the  representations  of  Haldimand  and  Hope,  what  came  to  him  from  His 
Lordship  was  the  following,  “I  have  received  the  King’s  Commands  to  signify  to  you,  that  His 
Majesty  has  no  further  Occasion  for  your  Services  as  Lieutenant  Governor  of  the  Province  of 
Quebec,  and  that  it  is  His  Royal  Pleasure  that  you  do  return  to  England,  leaving  with  Colonel 
Hope,  who  is  appointed  to  succeed  you,  such  Instructions  and  Documents  of  Government  as 
are  in  your  possession,  and  which  may  be  necessary  for  his  guidance.”  (Signed)  “Sydney.” 
Q 25,  p.  34. 

3 Canadian  Archives,  Q 62  A-2,  p.  601,  also  Ordinances,  1763-91,  p.  149.  The  Ordinance 
for  regulating  the  proceedings  in  the  Courts  of  Civil  Judicature,  first  passed  in  1777  (see  p.  682) 
had  been  renewed  every  two  years,  with  practically  no  alteration,  notwithstanding  the  continued 
efforts  to  secure  the  introduction  of  trial  by  jury  in  civil  cases  in  accordance  with  the  12th  article 
of  the  Governor’s  Instructions  (see  p.  599).  But  during  the  session  of  1785,  under  Lt.  Governor 
Hamilton’s  administration,  on  the  renewal  of  the  ordinance,  provision  for  trial  by  jury  was 


CONSTITUTIONAL  DOCUMENTS 

SESSIONAL  PAPER  No.  18 
Preamble. 


781 


Hl.  ^herefS,  “ 18  necessary  for  the  Ease  and  Conveniency  of 
H,s  Majesty's  Subjects  who  may  have  Actions  to  prosecute 
a Courts  of  Civil  Judicature  established  in  this  Province, 

be  cl  9 m°de  °f  ™mStering  Ju3tice  in  the  said  Courts  should 
be  clearly  ascertained,  and  rendered  as  plain  as  possible  : 

LieutenanVr' rel°re  °rdf"ed  and  Enacted  by  His  Honour  the 
Lieutenant  Governor  and  Commander  in  Chief  of  this  Province 

by  and  with  the  Advice  and  Consent  of  the  Legislative  Council 
and  Enacted  7 ““  Auth°rity  of  the  sarae  * hereby  Ordained 

■ ; /•  1 ^ m all  Causes,  or  Matters  of  Property  exceed 

the  Sum  or  Value  of  Ten  Pounds  Sterling,  upon  a Sedlradon 
PJ“ent6d  a"y  one  of  the  Judges  of  the  cLrt  of  Common 
Pleas  by  any  Person,  setting  forth  the  Grounds  of  his  Complairn 
against  a Defendant,  and  praying  an  Order  to  compel  hfm  to 
appear  and  answer  thereto,  such  Judge  shall  be  and  hereby  is 
m powered  and  required  in  his  separate  District  to  grant  such 

Clerk  of'th  th®  P!aintiff  may  have  ar>d  obtain  from  the 

nr  i the  ,,’Urt  a VVrlt  of  Sammons  in  the  Language  of  the 

by  nament'ft0  h TT*  ” ^ Majesty’s  Name,  and  attested 
Sh  'ff  f tu  T : u'L'e,  to  be  directed  and  executed  by  the 
Sheriff  of  the  District  where  such  Court  shall  have  Jurisdiction 

such'D^  Cd  r6  De,fendant  may  be  or  d°th  reside,  commanding 

the  Pkinbff  1°  a 3nd  aPPear  " SUCh  Court  t0  Answer  to 
on  thJ  D f °"the  day  aPPOmted  by  such  Judge  in  the  Order 
on  the  Declaration,  Regard  being  had  to  the  Season  of  the  Year 

as  well  as  to  the  Distance  of  the  Defendants  abode  or  Place  of 

Execution  'he  Plf e ^re  the  Court  may  sit. 

not  to  be  Art  Provided  always.  That  a rnnv  nf  \\r  v r 

I^ued  aginstSummons  and  the  Declaration  shall  be  served™  the  Defendant 
S*'  Personally,  or  left  at  his  House,  with  some  grown  Person  there 

deemed"^  * the  Fami,y'  a"d  ” 50  doi"S  Service  shall  be 
deemed  sufficient  : Provided  nevertheless,  that  if  the  Defendant 

thaMs  t m hC„  PPer.  :0Untry’  or  lower  Pans  of  the  Province, 

s T rlfayA  Whe"  J."  °r  UP°n  3ny  Place  beyond  the  Long 
on  the  Ottawa  River,  or  beyond  the  Oswegatche  in  the 

upper  Parts  of  the  Province,  or  in  or  upon  any  Place  below  Cape 
Ca  on  the  South  side,  and  the  Seven  Islands  on  the  North  side 
of  the  River  S Lawrence,  and  where  such  Defendant  hath  not 
been  Personally  served  with  such  Summons  and  Declaration 
abovesaid,  that  no  Execution  shall  issue  unless  the  Plaintiff 

S a glVe  good  and  sufficient  Security,  to  be  approved  by  the 

incorporated.  F'or  thi^  tho  t t ~ ' . 

°nlIanHneW-SUrieCtS’  in  an  address  oTMa^th^l  785  ^SeeO0???  mepcantil®  element  of  both 
proceedings  in  Council  incidental  to  the  amendment  L f 9.  2,4"2’  p'  398-  For  details  of  the 
v.  D.,  pp.  203-301.  amendment  ot  the  Ordinance  of  1777.  See  Minutes, 


782 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 


Attachment 
against  the 
Body  when  a 
Debtor  is  go- 
ing to  leave 
the  Province. 


If  Defendant 
does  not  ap- 
pear, Judg- 
ment to  be 
entered. 


Court,  to  refund  to  the  Defendant,  or  his  legal  Representative 
as  much  as  the  Defendant,  appearing  by  himself  or  his  legal 
Attorney  within  a Year  and  a Day,  may  be  able  to  set  aside 
and  reverse  of  the  said  Judgment,  by  such  the  Consideration 
of  the  said  Judgment  in  the  Court  where  given,  as  may  be  pre- 
sented in  the  Conditions  expressed  in  the  Security  to  be  given 
as  aforesaid  for  rehearing  of  the  merits  of  said  Cause. 

Art  3.  That  the  said  Declaration  so  to  be  filed  shall  not 
be  altered  or  amended  after  being  filed  as  abovesaid,  unless 
upon  Rule  of  the  Court,  and  upon  payment  of  Costs. 

Art  4.  That  in  all  and  every  Case  where  one  or  more 
Judges  of  any  Court  of  Common  Pleas  is  or  may  be  satisfied,  by 
the  Affidavit  of  the  Plaintiff,  or  his  Book  keeper  or  Clerk,  or 
legal  Attorney,  that  the  Defendant  is  Personally  indebted  to  the 
Plaintiff  in  a Sum  exceeding  Ten  Pounds  Sterling,  and  may 
also  be  satisfied,  by  the  Oath  of  the  Plaintiff  or  some  other 
Person,  that  the  Defendant  is  immediately  about  to  leave  the 
Province,  and  whereby  the  Plaintiff  might  be  deprived  of  his 
Remedy  against  such  Defendant,  it  may  and  shall  be  lawful  for 
one  or  more  Judge  or  Judges  of  any  Court  of  Common  Pleas  to 
grant  a Capias  or  Attachment  against  the  Body  of  such  Defend- 
ant, to  be  directed  to  the  Sheriff  in  Manner  as  aforesaid,  to  hold 
such  Defendant  to  Bail,  for  his  Appearance  at  the  Return  of 
such  Writ,  and  in  Default  thereof  to  commit  him  to  Prison,  there 
to  remain  until  Special  Bail  may  be  given  by  such  Defendant,  or 
until  Two  Days  after  execution  may  be  obtained  by  the  Plaintiff, 
if  Judgment  be  in  his  Favour. 

Art  5.  Provided  always,  That  if  any  Defendant  so  bound 
in  Recognizance  by  Special  Bail,  shall  or  do  surrender  himself 
in  Open  Court,  pending  the  Action,  or  at  any  Time  within  One 
Month  after  Judgment  obtained,  or  do  surrender  himself  unto 
the  Sheriff  of  the  District  where  such  Court  may  have  Juris- 
diction, at  any  Time  within  Fifteen  Days  after  the  day  on  which 
the  Plaintiff  might  legally  have  and  obtain  Execution  by  Capias 
ad  Satisfaciendum  upon  Judgment  obtained,  that  then  and  in 
such  case  such  Surrender  of  the  Defendant  shall  be  held,  taken, 
and  considered  as  a Discharge  of  the  Persons  bound  for  such 
Defendant  on  Special  Bail. 

Art  6.  If  on  the  Day  of  the  Return  of  the  Writ  of  Summons 
the  Defendant  does  not  appear  in  Person,  or  by  Attorney  (Proof 
of  such  Service  being  produced  or  made  in  Court)  the  Plaintiff 
shall  obtain  a Default  against  the  Defendant  ; and  if  on  calling 
over  the  Action  on  the  next  Weekly  Court  Day  the  Defendant 
should  still  neglect  to  appear,  without  any  good  Reason  for  such 
his  Neglect,  the  Court,  after  hearing  and  receiving  Sufficient 


CONSTITUTIONAL  DOCUMENTS 
SESSIONAL  PAPER  No.  18 


783 


Proof  of  the  Plaintiff’s  Demand,  shall  Cause  their  final  Judgment 
to  be  entered  against  the  Defendant,  and  shall  award  such  Costs 
ereupon  as  they  shall  think  reasonable,  and  issue  such  Execution 
as  the  Law,  according  to  the  nature  of  the  Case,  may  direct. 

a A,rtu7-  LPrrded  always«  That  every  Proof  that  may  be 
° Tk  jhe  Plaintlff  ln  SuPPort  of  his  Action  and  Demand, 

asi  the  D f ^ ^ rCmain  °f  ReC°rd’ in  the  Same  ma™er 

if  Defendant  f!  Defendant  had  appeared  and  defended  the  Action. 

appears,  he  is  Art  Provided  always,  That  the  Defendant  unon  his 

DecSion.6  Appearance  at  the  Return  Day  of  the  Writ,  or  in  Case  of  Default 

upon  his  Appearance  at  the  next  Weekly  Court  after  such  Return 

and  after  payment  of  Costs  of  such  Default  as  abovesaid,  shall  then 

or  on  such  other  Day,  as  he  may  obtain  from  the  Court,  make  his 

Answer  to  the  Declaration,  either  in  writing  or  Verbally,  as  he 

thmks  fit  ; and  if  the  answer  be  verbal,  the  Clerk  of  the  Court 

shall  take  down  the  Substance  thereof  in  writing,  and  preserve 

the  same  among  the  Records  of  the  Court,  and  in  the  said 

Action  And  if  the  Plaintiff  doth  not  appear  at  the  Return 

ay  of  such  Writ,  or  appearing  doth  not  prosecute  his  Action, 

the  same  shall  be  dismissed,  with  Costs  to  the  Defendant. 

Art . 9.  That  all  and  every  Person  having  Suits  at  Law  and 

rmc  in  Onxr  *1  n ^ 


Trial  by 
Juries  in  cer- 


tain Cases  at  • c j 1 Having  ouits  at  Law  and 

the  option'd  Act5>ns  m any  of  the  said  Courts  of  Common  Pleas,  grounded 
t e Part.es.  on  Debts,  Promises,  Contracts,  and  Agreements  of  a Mercantile 
Nature  only,  between  Merchant  and  Merchant,  and  Trader  and 
rader,  so  reputed  and  understood  according  to  Law,  and  also 
oi  Personal  Wrongs  proper  to  be  compensated  in  Damages,  may 
at  the  Option  and  Choice  of  either  Party,  have  and  obtain  the 
Inal  and  Verdict  of  a Jury,  as  well  for  the  Assessment  of  Dam- 

lfS’  °n  Pe"sonal.  WnmgB  committed,  as  the  Determination  of 
atters  of  Fact,  in  any  such  Cause  : Provided  always,  That  the 
greement  of  Nine  of  the  Twelve  Jurors  who  shall  compose  such 
Jury  shall  be  sufficient  and  effectual  to  return  a Verdict,  and  that 
the  same  so  made  and  returned,  shall  be  held  as  legal  and  effectual 
to  every  Intent  and  Purpose,  inasmuch,  as  if  the  whole  Twelve 
Jurors  had  agreed  therein  ; and  the  Clerk  of  the  Court  shall 
set  down  the  Names  of  the  Jurors  on  the  Register  of  the  Court 
in  every  case  where  Verdicts  may  be  returned  as  abovesaid  : 
Provided  also,  That  in  all  such  Causes  and  Actions  that  may 
be  between  His  Majesty’s  Natural  born  Subjects  of  Great  Britain 
Ireland,  or  the  Plantations  and  Provinces  in  America,  the  Juries 
in  such  causes  shall  be  composed  of  such  natural  born  Subjects 
as  abovesaid  ; and  in  all  Causes  and  Actions  between  His  Ma- 
jesty s Canadian  or  new  Subjects,  the  Juries  shall  be  composed  of 
such  Canadian  or  new  Subjects  ; and  in  all  Causes  of  Actions 
between  natural  born  Subjects  and  the  Canadians  or  new 


784 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 


Subjects  ; the  Jury  shall  be  composed  of  an  equal  number  of 
each,  if  such  be  required  by  either  of  the  Parties  in  any  of  the 
above-mentioned  Instances. 

o^Evldence63  Art  Froof  °f  Facts  concerning  Commercial 

adopted  in  Matters,  Recourse  shall  be  had,  in  all  the  Courts  of  Civil  Juris- 
Cases.  diction  in  this  Province,  to  the  Rules  of  Evidence  laid  down  by 
the  Laws  of  England. 

neither  Party  Art  Provided  always,  And  it  is  Ordained  and  Enacted, 

is  desirous  of  That  in  all  causes  before  the  said  Courts  of  Common  Pleas, 
by  Jury.  where  the  Parties,  Plaintiff  nor  Defendant,  are  neither  of  them 
as<forrneriyS.  desirous  of  a Trial  by  the  Verdict  of  a Jury  of  and  respecting 
Matters  legally  within  the  Cognizance  of  such  Jury,  but  that  such 
Trial  should  be  by  the  Deposition  of  Witnesses,  and  by  Proofs, 
as  at  present  used  in  His  Majesty’s  Said  Courts  of  Common 
Pleas,  the  Court  shall,  after  issue  joined  on  the  Merits  of  the 
Cause,  in  the  manner  as  hereafter  expressed,  appoint  a Day  for 
hearing  the  Evidence  of  Parties,  Plaintiff  and  Defendant,  and 
cause  the  same  to  be  taken  down  in  Writing  by  the  Clerk  of  the 
Court  in  open  Court,  and  signed  and  sworn  to  by  each  respective 
Witness,  save  and  except  as  hereafter  provided  for  Witnesses 
absent  by  reason  of  Sickness,  or  of  departing  the  Province. 

Provision  for  Art  12.  Provided  also,  That  in  case  of  Sickness,  and 

examining 

Witnesses  in  where  the  Witnesses,  cannot  attend  the  Court  to  be  ascertained 

case  of  Sick”  » • 

ness,  or  when  by  Affidavit,  it  may  be  lawful  for  the  Court  in  such -Cases,  and 

part1  the5 Pro-  evident  Necessity,  after  Issue  joined  as  abovesaid,  to  allow 

vince.  and  permit  that  any  one  Judge,  in  the  Presence  of  the  Parties, 
Plaintiff  and  Defendant,  or  their  Attornies,  or  in  their  or  either 
of  their  Absence,  after  due  Notice  signified,  may  take  the  Deposit- 
ion of  such  Witness  in  Writing,  to  be  signed  and  sworn  to,  and 
certify  and  Record  the  same  in  the  said  Court,  and  there  to  be 
of  legal  Effect  ; and  moreover  that  such  Deposition  so  taken  may 
be  offered  and  read  to  the  Jury  as  legal  Evidence,  if  such  Cause 
be  to  be  tried  by  Jury  ; and  also  in  Causes  instituted  in  the  said 
Court,  where  any  Witness  may  be  about  to  depart  the  Province, 
and  by  which  means  either  party  might  be  deprived  of  his  Testi- 
mony, to  be  ascertained  by  Affidavit,  it  shall  and  may  be  lawful 
for  any  Judge  of  the  said  Courts  to  take  the  Deposition  of  such 
Witness,  in  presence  of  the  Parties,  or  their  Attornies,  in  the 
manner  as  above  Expressed,  and  the  same  shall  be  of  legal 
Effect  in  every  Cause  in  the  manner  as  abovesaid. 

Art  13.  And  it  is  further  Ordained  and  Enacted,  That 
every  Issue  in  Law  or  Fact,  to  be  formed  in  any  Cause  in  either 
of  the  said  Courts  of  Common  Pleas,  between  the  Parties, 
Plaintiff  and  Defendant,  shall  be  made  and  completed,  by  the 
Declaration,  Answer,  and  Replication,  or  by  the  Plea,  Answer, 


Limitation  of 
Pleadings. 


CONSTITUTIONAL  DOCUMENTS 


785 


SESSIONAL  PAPER  No.  18 


When  the 
Sheriff  is  con- 
cerned, the 
Process  to  be 
served  by  the 
Coroner. 


Of  Jurors, 
their  Quali- 
fications. 


Sheriffs  to 
make  out 
list  of  Jurors 


and  Replication,  in  Cases  of  Abatement  and  Bar  of  the  said 
Parties,  Plaintiff  and  Defendant,  and  that  no  other  or  further 
Pleadings,  or  Writings  by  way  of  Plea,  upon  such  Issue  or 
matter  in  Dispute,  whether  of  Law  or  Fact,  shall  be  received 
or  admitted  by  the  said  Courts  of  Common  Pleas,  as  part  of 
and  to  be  put  upon  Record  in  any  Cause  therein  instituted,  and 
to  be  heard  and  adjudged  upon,  any  Thing  to  the  contrary 
notwithstanding. 

Art  14.  That  every  Writ  and  Process  which  ought  to  be 
served  and  executed  by  the  Sheriff,  where  it  shall  happen,  that 
the  Sheriff  may  be  Personally  interested,  and  concerned,  shall  be 
served  and  executed  by  the  Coroner  of  the  District  in  which 
such  Writ,  Process,  or  execution  may  issue. 

Art  15.  That  all  Merchants  or  Traders  of  lawful  Age, 
and  also  all  Persons  of  lawful  Age  being  householders,  or  occupy- 
ing Lodgings  of  the  value  of  Fifteen  Pounds  per  Annum  Rent, 
shall  be  held  and  considered  qualified  as  Jurors,  and  to  serve 
on  Petit  Juries. 

Art  16.  That  the  Sheriff  of  each  District  shall  make  out 
Lists  of  all  persons  so  qualified  as  abovesaid,  who  may  reside 
in  the  Cities  of  Quebec  or  Montreal,  or  within  the  Vicinage  or 
Banlieu  thereof,  and  return  the  same  into  the  respective  Courts 
of  Common  Pleas  of  the  District  in  which  such  Sheriff  may 
officiate,  and  in  which  Return  shall  be  set  down  the  Christian 
and  Surname,  and  also  the  Profession,  Trade,  or  Calling,  and 
Place  of  Abode,  of  such  Persons  so  returned. 

Art.  17.  That  from  the  said  general  List  the  Clerk  of  each 
Court  shall  make  two  separate  Lists  or  Books,  the  one  to  contain 
the  names  of  all  Merchants,  Persons  concerned  in  Trade,  or 
qualified  to  serve  on  Special  Juries,  and  the  other  List  or  Book  to 
contain  the  names  of  Persons  of  different  Occupations  so  returned 
on  the  said  General  List  by  the  Sheriff  as  aforesaid  ; that  the 
said  Lists  or  Books,  when  so  made,  shall  be  examined  by  the 
Judges  and  Sheriff  and  corrected,  if  needful,  and  shall  be  of  Record 
and  open  in  the  Clerks  Office  to  the  Inspection  of  all  Persons, 
without  Fee  or  Reward. 


Art  18.  That  on  all  and  every  Cause  where  a Trial  may  be 
moved  for  and  directed  to  be  taken  by  the  Verdict  of  a Jury,  it 
shall  and  may  be  lawful  for  the  Parties,  Plaintiff  and  Defendant, 
or  their  Attornies,  to  strike  a Jury  from  the  above  Lists  or  Books 
so  returned  into  Court,  and  completed  as  abovesaid,  in  the 
same  manner,  and  under  the  same  Rules,  as  Special  Juries  are 
struck  in  the  Courts  of  Record  in  England,  (that  is  to  say)  from 
the  first  List  or  Book  so  formed  by  the  Clerk,  and  approved  by 
the  Judges  as  abovesaid,  in  all  Causes  of  Mercantile  Dispute, 


786 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 


Juries  to  be 
taken  in 
Rotation. 


or  Actions  of  Damages,  where  the  total  Amount,  Sum,  Dealing, 
or  Matter  of  Account,  Agreement  or  Transaction  between  the 
Parties  may  exceed  Fifty  Pounds  ; and  from  the  second  List 
or  Jury  Book,  where  the  total  Sum  as  abovesaid  may  not  exceed 
the  said  Sum  of  Fifty  Pounds. 

Art  19.  Provided  always,  That  the  said  Juries  so  to  be 
struck  from  either  of  the  said  Lists,  shall  be  taken  from  the  same 
in  Rotation,  and  following  each  other,  by  commencing  at  that 
Part  of  that  List  from  whence  the  former  or  Preceding  Jury  was 
struck  or  taken  ; and  also  that  in  all  Causes  that  may  appear  to 
the  Court  before  which  they  are  to  be  had  to  be  of  Intricacy, 
and  that  ought  to  be  tried  by  a Jury  from  the  first  List,  although 
the  Sum  or  total  Amount  may  not  exceed  Fifty  Pounds,  the 
Judges  of  such  Court  may  permit  and  order  the  Jury  to  be  struck 
from  the  first  List,  the  Party  applying  for  such  Jury  paying  the 
Difference  of  Fees  between  Jurors  from  the  first  and  the  second 
Jury  List  or  Book. 

Exception's  To  Art  20.  That  all  and  every  Challenge,  or  exception  to  the 

jurors  to  be  Pannel,  or  any  particular  Juror  returned  thereon,  shall  be  taken, 
agreeable  to  made  and  determined  upon  in  Open  Court,  and  conformable  to 
England?  °f  the  Laws  of  England  ; the  Jurors  serving  on  Special  Juries  as 
abovesaid,  and  struck  from  the  first  List  or  Jury  Book,  shall  have 
and  receive  Two  Shillings  and  Sixpence  each  for  every  Verdict 
to  be  made  and  delivered,  and  before  returned  into  Court  ; 
and  Jurors  struck  from  the  second  List  or  Jury  Book,  One  Shilling 
each  for  every  Verdict  in  Manner  as  aforesaid. 
toTere^111013  Art  21.  That  Lists  of  Jurors,  in  the  manner  prescribed 
th™sheriffs  the  preceding  Articles  shall  be  made,  by  the  Sheriffs  returned 
in  the  Month  into  the  several  Courts,  and  formed  in  the  manner  above- 
Yeariy6  mentioned  in  the  Month  of  June  in  Every  Year. 

Art  22.  That  all  Persons  being  duly  summoned  to  attend 
in  any  of  His  Majesty’s  Courts  of  Common  Pleas  to  serve  as 
Jurors  as  abovesaid,  and  neglecting  or  refusing  so  to  do,  shall  be 
liable  to,  and  may  be  fined  by  the  Said  Courts  respectively, 
in  any  Sum  not  exceeding  Five  Pounds,  and  not  less  than  Ten 
Shillings,  to  be  levied  by  Warrant  of  Distress  on  the  Goods  and 
Chattels  of  such  Person  so  refusing  or  neglecting  to  attend,  and 
to  be  paid  to  His  Majesty’s  Receiver  General  for  the  public 
uses  of  the  Province. 

Art  23.  That  the  Members  of  His  Majesty’s  Council,  the 
Officers  of  His  Majesty’s  Courts,  Officers  of  the  Customs,  Naval 
Officers,  Persons  employed  in  the  Service  of  the  Post  Office, 
Physicians  and  Surgeons,  and  Officers  employed  in  Military 
Service,  shall  be  exempted  from  serving  on  Juries. 


Penalty  on 
Jurors  not 
attending. 


Persons  ex- 
empted from 
Serving  on 
Juries. 


CONSTITUTIONAL  DOCUMENTS 


787 


SESSIONAL  PAPER  No.  18 


I 


dePffnkiter0m  Art  24-  The  Party  meaning  to  Appeal  from  any  definitive 
Judgments.  Sentence  or  Judgment  of  any  of  the  Courts  of  Common  Pleas 
shall  sue  out  a Writ  from  the  Courts  of  Appeals,  tested  and  signed 
by  the  Governor,  Lieutenant  Governor,  or  Chief  Justice,  stating 
that  the  Appellant  complains  of  being  aggrieved  by  the  Judg- 
ment, and  therefore  commanding  the  Judges  of  the  inferior 
Court,  or  any  Two  of  them,  to  send  up  the  Original  Papers  and 
Proceedings  found  in  the  Records  or  Registers  of  the  Court 
concerning  the  same.  Such  Writ,  when  presented  to  any  of  the 
Judges  of  the  Court  below,  shall  be  allowed  by  him,  if  the  Appel- 
lant has  given  the  requisite  security,  which  Security  is  hereby 
understood  to  be  Personal  Security,  or  Bail  by  Justification,  any 
Law,  usage,  or  Custom  to  the  Contrary  notwithstanding. 
Provided  nevertheless,  that  an  Appeal  may  be  had  and  obtained 
in  manner  abovesaid  from  any  Interlocutory  Sentence  or  Judg- 
ment which  may  carry  execution  by  ordering  something  to  be 
done  or  executed  that  cannot  be  remedied  by  the  final  sentence 
or  Judgment,  or  whereby  the  Right  of  the  matter  in  Contestation 


between  the  Parties  may  be  in  part  decided,  or  whereby  final 
hearing  and  Judgment  may  be  unnecessarily  delayed  : Provided 
always,  That  such  Appeal  shall  not  be  granted  and  allowed, 
except  upon  Motion  made  in  the  Court  of  Appeals  for  that 
Purpose,  and  a Rule  served  upon  the  other  Party,  or  his  Attorney, 
to  shew  cause  why  a Writ  of  Appeal  from  such  Interlocutory 
Sentence  or  Judgment  should  not  be  granted  And  it  is  hereby 
ordained,  that  a Rule  so  served  shall  have  the  Effect  to  stay 
Execution  upon  such  Interlocutory  Sentence  or  Judgment,  till 
the  determination  of  the  Motion  for  such  Appeal  ; and  if  the 
Writ  of  Appeal  shall  be  awarded  thereupon,  and  allowed  by  the 
Judges  in  manner  as  aforesaid,  the  Clerk  of  the  Court  shall 
proceed  to  comply  with  the  Order  of  the  Writ,  and  the  Judges, 
or  any  Two  of  them,  shall  make  their  Return  as  therein  com- 
manded. 

file  his  Art  25.  If  the  Appellant  does  not,  within  Eight  Days  after 

Appeal  in  ^e^urn  the  said  Writ,  and  the  Transmission  of  the  Pro- 

Eight  Days,  ceedings,  file  his  Reasons  of  Appeal,  the  Appellee  shall  obtain 
a Rule  or  Order,  that  unless  the  Appellant’s  Reasons  of  Appeal 
are  filed  in  Four  Days,  the  Appeal  will  be  dismissed  : And  if  the 
said  Reasons  of  Appeal  are  not  filed  within  Four  Days  after 
Service  of  the  said  Rule,  on  the  Appellant  or  his  Agent,  the 
Appeal  shall  be  accordingly  dismissed  with  Costs. 

Art  26.  Within  Eight  Days  after  the  Reasons  of  Appeal 
are  filed,  the  Appellee  shall  file  his  Answers  thereto  ; or  if  he 
neglects  so  to  do,  the  Appellant  shall  obtain  a Rule  or  Order, 
that  unless  the  Appellee  file  his  Answers  within  Four  Days,  he 


Appellee  to 
file  his  An- 
swers in 
Eight  Days. 


788 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 


The  Court 
upon  good 
Cause  Shewn 
may  prolong 
the  time 
allowed . 


Day  to  be 
fixed  for  hear- 
ing the  Cause 


Execution  to 
issue  in  Fif- 
teen Days,  if 
Appeal  is  not 
allowed,  or 
Security 
given. 


Limitation  of 
Appeals. 


Of  Execu- 
tions. 

Nature  of  the 
Execution 


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  pre- 
cluded 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  27.  The  said  Court  of  Appeals  nevertheless  shall  and 
may,  upon  Application  made,  and  good  Cause  shewn  by  either 
of  the  Parties,  (Notice  being  given  to  the  other)  prolong  the 
Time  allowed  for  filing  either  the  Reasons  of  Appeal  or  Answers 
thereto  ; and  in  Case  the  Court  shall  not  be  sitting  at  the  time 
when  such  Reasons  or  Answers  ought  regularly  to  be  filed,  the 
Party  neglecting  shall  apply  to  the  Court  at  the  next  sitting 
thereof,  and  shew  his  Reasons  for  such  neglect  ; and  if  the  Court 
finds  them  insufficient,  it  will  as  the  case  may  be,  either  dismiss 
the  Appeal  or  proceed  to  hear  it  without  the  Intervention  of  the 
Appellee  as  above  directed. 

Art  28.  When  the  Reasons  of  Appeal,  and  the  Answers 
thereto,  are  filed,  the  Court  shall,  on  the  Application  of  either 
of  the  Parties,  fix  on  such  Convenient  Day  for  the  hearing  of  the 
Cause,  as  to  it  may  seem  proper. 

Art  29.  If  the  Writ  of  Appeal  is  not  allowed  by  one  of  the 
Judges  of  the  Court  below,  and  a Copy  thereof  served  on  the 
Appellee,  or  his  Agent,  within  Fifteen  Days  after  any  Judgment 
given  in  the  Court  of  Common  Pleas,  Execution  shall  issue  : 
Provided  always,  that  in  Cases  of  Appeal  from  Judgments  in 
His  Majesty’s  Court  of  Common  Pleas  in  the  District  of  Mont- 
real, Execution  shall  be  stayed  for  the  space  of  Twenty  Days, 
where  the  Party  meaning  to  Appeal  shall  lodge  good  and  sufficient 
Security  in  the  said  Court,  within  Fifteen  Days  from  the  date  of 
such  Judgment,  to  prosecute  his  said  Writ  of  Appeal  with 
Effect  ; and  that  such  security  shall  be  taken  as  in  case  of  an 
actual  Writ  of  Appeal  issued  and  admitted.  And  no  Appeal 
shall  be  allowed  or  received  from  the  Court  of  Common  Pleas, 
after  the  Expiration  of  one  Year  from  the  Date  of  the  Judgment 
of  such  Court,  save  and  except  such  Judgment  whereby  the 
Rights  of  Infants,  Absentees,  Femes  Coverts,  or  Persons  non 
compos  Mentis  may  be  bound. 

Art  30.  The  Execution  sued  out  from  any  of  the  Courts 
of  Civil  Jurisdiction  shall  be  a Writ  issuing  in  the  Kings  name, 
tested  and  signed,  when  issuing  from  the  Court  of  Appeal,  either 
by  the  Governor,  Lieutenant  Governor,  or  Chief  Justice,  and 
when  issuing  from  the  Court  of  Common  Pleas  by  one  of  the 
Judges  of  the  Court  for  the  District  in  which  it  is  given,  directed 
to  the  Sheriff  of  the  District,  setting  forth  the  Judgment  of  the 


CONSTITUTIONAL  DOCUMENTS 


789 


SESSIONAL  PAPER  No.  18 


Personals  to 
be  first  dis- 
posed of,  and 
if  insufficient 
Real  Estate 
to  be  sold. 


Manner  of 

selling 

Personals. 


Manner  of 
selling  Real 
Property. 


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  Indorse- 
ment signed  by  the  Judge. 

Art  31.  In  all  Cases  where  Execution  shall  issue  against 
Real  and  Personal  Estates,  the  Sheriffs  shall  first  dispose  of  the 
Personal  Property,  and  if  the  Proceeds  thereof  fall  short  of  the 
Amount  of  the  Judgment,  the  Real  Estate,  or  so  much  thereof, 
as  will  produce  the  Amount,  shall  be  Sold  for  that  Purpose. 

Art  32.  Where  Moveables  shall  be  seized  by  the  Sheriff 
under  an  execution,  he  shall  cause  the  seizure  to  be  published  at 
the  Church  Door  of  the  Parish,  immediately  after  Divine  Service, 
on  the  first  Sunday  succeeding  such  seizure,  and  at  the  same 
Time  cause  to  be  proclaimed  the  Day  and  Place  when  and  where 
he  means  to  proceed  to  the  Sale  thereof,  provided  that  the  place 
of  Sale  shall  be  in  the  same  Parish  in  which  the  seizure  is  made  ; 
and  provided  always  that  the  Sheriff  shall  not  sell  Chattels  so 
to  be  seized  and  notified,  until  Eight  Days  after  Notification  of 
Sale  as  abovesaid.  And  that  at  the  Request  of  the  Plaintiff 
the  Sheriff  may  cause  Goods  and  Merchandizes,  so  seized  as 
abovesaid,  to  be  transported  from  the  Parish  where  seized  to  the 
City  of  Montreal  or  Quebec  (being  in  the  District  where  seized) 
and  there  to  be  sold  after  due  Notice  as  aforesaid ; and  that  Execu- 
tion so  to  be  issued  against  Chattels  or  Personal  Estate  shall  be 
made  returnable  at  such  Day  as  the  Court  from  whence  it  may  issue 
shall  judge  reasonable,  and  that  Execution  shall  issue  against 
Chattels,  or  personal  and  Real  Estate,  in  one  and  the  same  Writ, 
but  that  such  Execution  shall  be  first  levied  upon  the  Chattels 
or  Personal  Estate,  and  be  returnable  as  to  such  first  levy,  yet 
nevertheless  may  have  force  and  Effect,  and  be  returnable  at  a 
more  distant  Period  as  to  the  second  Levy  on  Real  Estate,  for 
the  full  satisfaction  of  the  Execution  aforesaid. 

Art  33.  When  Lands  and  Tenements  shall  be  seized  by 
the  Sheriff  under  a Writ  of  Execution,  he  shall  advertise  the  Sale 
thereof  Three  several  Times  in  the  Quebec  Gazette,  to  be  on  some 
certain  Day  after  the  expiration  of  Four  Months  from  the  Date 
of  the  first  Advertisement,  and  proclaim  the  said  Sale  at  the 
Church  Door  of  the  Parish  in  which  the  Premisses  are  situated, 
immediately  after  Divine  Service,  on  the  Three  Sundays  next 
preceding  the  sale,  and  cause  a Copy  of  the  said  Advertisement 
to  be  fixed  on  the  Door  of  the  Parish  Church  ; and  that  Lands  in 
Roture  shall  be  sold  at  the  Door  of  the  Church  of  the  Parish 


790 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 


where  seized.  And  the  Sheriff  is  hereby  further  required  to 
advertise,  immediately  after  the  Seizure,  that  all  and  every 
Person  having  any  Claim  on  Said  Lands  and  Tenements,  by 
Mortgage  or  other  Right  or  Incumbrance,  do  give  notice 
thereof  at  his  Office,  either  before  or  after  the  Sale,  where  the 
Law  makes  a Distinction,  and  to  remove  all  Doubts,  the  Sale 
then  by  the  Sheriff,  without  any  other  Formality,  shall  have  the 
same  Force  and  Effect  as  the  Decret  had  heretofore. 


When  Two  or 
more  Exe- 
cutions issue 
on  Judg- 
ments given 


Art  34.  If  Two  or  more  Writs  of  Execution  shall  be  Issued 
upon  Judgments  given  the  same  day,  against  the  same  Defendant 
or  Defendants,  and  so  marked  on  the  Writs,  such  Executions 


they  ar^to^be shall  have  the  same  Privilege,  and  be  satisfied  in  the  same 
satisfied  in  Proportion  : Provided  always,  that  if  any  Oppositions  or  Claims 
Proportions  may  be  entered  at  the  Sheriff’s  Office,  either  before  the  Sale  of 
Moveables,  or  before  or  after  the  Sale  of  Immoveables  and 


at°theentered  w^ere  required  by  Law  in  the  one  or  the  other  Case  above 
Sheriff’s  mentioned,  or  where  the  Moveables  seized  may  be  claimed  by 
any  other  Person  as  to  him  pertaining,  in  all  such  Cases  the 
Sheriff  shall  return  the  Same  at  the  proper  Periods  into  the  Court 


where  Such  Execution  issued,  that  the  said  Court  may,  on 


hearing  such  claims  and  Oppositions,  and  the  Parties  therein 
concerned,  adjudge  them  according  to  Law. 


the°sheiiff t0  Art  eveiT  Execution  the  Sheriff  shall  be  allowed 

all  his  Disbursements  and  shall  be  authorized  to  charge  over  and 
above  at  the  Rate  Two  and  a half  per  Cent  to  be  deducted  out 
of  the  Money  he  levies. 


Proceedings 
in  Actions 
under  £10 
Sterling. 


Declaration. 


Art  36.  In  matters  not  exceeding  or  under  Ten  Pounds 
Sterling,  any  Person  having  a Right  of  Action  against  another 
shall  prepare,  or  procure  from  the  Clerk  of  the  Court  of  Common 
Pleas,  a Declaration  in  the  following  Form,  viz. 

Day  of.  . 17.  A.B.  Plaintiff 

C.  D.  Defendant 


Quebec 

Montreal 


“The  Plaintiff  demands  of  the  Defendant  the  Sum  of 
“due  to  the  Plaintiff  from  the  Defendant  for  which 

“said  Sum,  though  often  demanded  still  remains  due,  therefore 
“the  Plaintiff  Prays  Judgment.” 

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

Summons.  Montreh  ss.  George  the  Third  by  the  Grace  of  God  of 

“Great  Britain,  France  and  Ireland,  King,  Defender  of  the 
“Faith  to  C.  D.  Defendant  in  the  above  Action.  You  are 
“hereby  Commanded  and  required  to  pay  the  Plaintiff  A.  B. 
“the  above  mentioned  Sum  of together  with 


CONSTITUTIONAL  DOCUMENTS 


791 


SESSIONAL  PAPER  NO.  18 

“ Costs,  or  else  to  appear  in  Person,  or  by  your 

“Agent,  before  our  Judges  of  our  Court  of  Common  Pleas  at  the 

“Court  House  of  the  City  of  on  the Day 

“of when  the  matter  of  Complaint  against 

“you  as  ascertained  in  the  above  Declaration,  will  be  heard  and 
“finally  determined,  otherwise  Judgment  will  be  given  against 

“you  by  Default.  Witness  the  Honourable  one 

“of  the  Judges  of  our  Said  Court  of  Common  Pleas,  this 

“Day  of in  the  Year and 

“Year  of  our  Reign.” 

Services.  This  Summons  shall  be  signed  by  one  of  the  Judges  of  the  Court 
and  a Copy  thereof,  and  of  the  Declaration,  served  on  the 
Defendant  Personally,  or  left  at  his  Dwelling  House,  orordinary 
Place  of  Residence,  with  some  Grown  Person  there,  and  the 
Person  serving  the  same  shall  inform  the  Defendant  or  such 
Grown  Person  of  the  Contents  thereof.  If  at  the  Time  mentioned 
Non-appear-  jn  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  reason- 
able Costs  of  suit,  as  to  him  or  them  shall  appear  agreeable  to 
Equity  and  good  Conscience. 

Appearance.  But  jf  the  Defendant  does  appear  by  himself  or  his  Agent, 
and  the  Plaintiff  or  his  Agent  does  not  appear,  or  appearing  does 
not  prosecute,  or  prosecuting  fails  in  his  Action,  the  Judge  or 
Judges  shall  dismiss  the  Defendant  with  Costs.  If  the  Plaintiff 
makes  good  his  Charge  against  the  Defendant,  the  Judge  or 
judgment.  Judges  shall  give  Judgment  accordingly  and  award  Costs,  and 
Execution,  but  the  Execution  shall  not  issue  until  Eight  Days 
after  Judgment  given. 

Execution.  The  Executi0n  shall  go  against  the  Moveables  only  of  the 

Defendant,  which  shall  be  seized  by  some  Person  to  be  for  that 
Purpose  appointed  by  the  Court,  and  sold  by  him  in  the  manner 
mentioned  in  the  32d  Article  of  this  Ordinance.  But  the  Execut- 
Exception.  jon  shall  contain  an  Exception  of  the  Party’s  Beasts  of  the 
Plough,  Implements  of  Husbandry,  Tools  of  his  Trade,  and  One 
Bed  and  Bedding,  unless  his  other  goods  and  Chattels  shall 
prove  insufficient,  in  which  case  such  Beasts  of  the  Plough, 
Implements  of  Husbandry,  and  Tools  of  his  Trade,  shall  be  sold, 
but  not  the  Bed  and  Bedding.  The  Judge  or  Judges  may,  if 
kvieVby^n-  ^ey  think  proper,  order  the  Debt  to  be  levied  by  Installments, 
staiiments.  provided  the  Time  shall  not  exceed  the  Space  of  Three  Months 
from  the  day  of  issuing  the  Execution, 
if  Defendant  Art  37.  In  matters  as  well  above  as  of  or  under  the  Value  of 
Effects,  or op-Ten  Pounds  Sterling,  if  the  Defendants  shall  convey  away  or 


792 


CANADIAN  A RCHI VES 


poses  the 
Seizure  of 
them,  ExecU' 
tion  against 
the  Body. 


In  Commer- 
cial matters, 
Execution 
against  the 
Body. 


Power  of 
Awarding 
Execution 
out  of  one 
District  into 
the  other. 


6-7  EDWARD  VI!.,  A.  1907 

secrete  his  Effects,  or  shall  with  Violence,  or  by  shutting  up  his 
House,  Store,  or  Shop,  oppose  his  Effects  being  seized,  in  all  such 
Cases,  on  due  Proof  thereof,  an  Execution  shall  go  against  his 
Person,  to  be  taken  and  detained  in  Prison  until  he  satisfies  the 
Judgment,  any  Law,  L^sage  or  Custom  to  the  contrary  not- 
withstanding. 

Art  38.  For  the  Satisfaction  of  all  Judgments  given  in 
Commercial  Matters  between  Merchants  or  Traders,  as  well  as 
of  all  Debts  due  to  Merchants  or  Traders,  for  Goods,  Wares,  and 
Merchandizes  by  them  sold,  Execution  shall  issue  not  only 
against  the  Goods,  Chattels,  Lands,  and  Tenements  of  the 
Defendant  but  also,  in  case  they  shall  not  produce  the  Amount 
of  the  Plaintiff’s  Demand  against  his  Person,  to  be  taken  and 
conveyed  into  the  Prison  of  the  District,  and  there  detained 
until  he  pays  the  Amount  of  the  Judgment,  or  otherwise  settles 
with  and  satisfies  the  Plaintiff,  any  Law,  Usage,  or  Custom  to 
the  Contrary  notwithstanding.  Provided,  that  if  the  Defendant 
after  remaining  One  Month  in  Prison,  shall  make  application 
to  the  Court,  and  make  an  Affidavit  that  he  is  not  worth  Ten 
Pounds,  the  Plaintiff  shall  pay  to  the  Defendant  the  Sum  of 
Three  Shillings  and  Six  Pence  weekly  for  his  Maintenance,  as 
long  as  he  shall  be  detained  in  Prison  at  the  Suit  of  the  Plaintiff  ; 
and  in  Time  of  Scarcity  the  said  Court  of  Common  Pleas  may  in 
its  discretion  augment  the  said  Allowance,  not  exceeding  the 
further  Sum  of  One  Shilling  and  Six  Pence  per  Week  ; such 
Payment  shall  be  made  in  Advance  on  Monday  in  every  week  ; 
in  failure  of  which  the  Court  from  whence  the  Execution  issued 
shall  order  the  Defendant  to  be  released  ; but  the  Plaintiff  shall 
not  be  obliged  to  make  such  Payment,  if  he  can  prove  to  the 
Satisfaction  of  the  Court,  by  which  the  Defendant  stands  com- 
mitted, that  the  Defendant  has  secreted  or  conveyed  away  his 
Effects  to  defraud  his  Creditors. 

Art  39.  When  any  Person,  against  whom  Judgment  shall 
be  given  in  any  of  the  Courts  of  Common  Pleas  shall  not  have 
sufficient  Goods,  Chattels,  Lands,  or  Tenements,  to  satisfy  such 
Judgment,  within  the  Jurisdiction  of  the  Court  wherein  such 
Judgment  shall  have  been  obtained,  but  shall  have  Goods, 
Chattels,  Lands,  or  Tenements  within  the  Jurisdiction  of  the 
other  Court  of  Common  Pleas,  it  shall  be  Lawful  for  the  Judge 
or  Judges  of  the  Court  wherein  Judgment  shall  have  been  ob- 
tained, to  award  Execution  to  the  Sheriff  of  the  other  District, 
who  after  getting  the  Writ  indorsed  by  one  of  the  Judges  of  the 
Court  for  the  District  in  which  the  Goods,  Chattels,  Lands  or 
Tenements  are  situated,  shall  execute  the  same,  and  make 
Return  thereof,  to  the  Court  from  whence  it  issued  ; and  such 


CONSTITUTIONAL  DOCUMENTS 


793 


SESSIONAL  PAPER  No.  18 

Writ  and  Return  shall  be  by  him  sent  to  the  Sheriff  of  the  District 
from  whence  the  Writ  was  originally  awarded,  to  be  delivered 
into  the  Court  that  issued  the  same.  The  Sheriff  executing 
such  Writ  shall  be  answerable  for  his  Doings  relative  thereto 
before  the  Court  from  which  it  was  originally  awarded,  and  the 
Judges  of  the  Court  of  Common  Pleas  for  the  one  District  may  in 
like  manner  award  Execution  against  the  Body  of  a Person 
residing  in  the  other  in  Cases  where  such  Execution  is  by  the 
Law  allowed  ; and  the  Sheriff  executing  the  Writ  to  him  in  such 
case  directed  shall  convey  the  Body  of  such  Person  into  the 
Prison  of  the  District  wherein  such  Person  shall  be  arrested. 

Art  40.  That  the  Ordinance  shall  continue  and  be  in  force 
from  and  during  Two  Years,  from  the  First  Day  of  May  next, 
and  unto  the  End  of  the  Sessions  of  the  Legislative  Council 
which  will  be  in  the  Year  of  our  Lord  1787. 

(signed)  HENRY  HAMILTON. 

Ordained  and  Enacted  by  the  Authority  aforesaid,  and 
passed  in  Council  under  the  Public  Seal  of  the  Province 
at  the  Council  Chamber  in  the  Castle  of  S*  Lewis  in 
the  City  of  Quebec,  the  21st  day  of  April,  in  the  Twenty 
Fifth  year  of  the  Reign  of  Our  Sovereign  Lord  George 
the  Third,  &c.  &c.  &c.  and  in  the  Year  of  our  Lord 
1785. 

By  the  Lieutenant  Governor’s  Command. 

HOPE  TO  SYDNEY.1 

Quebec  2d  November  1785 

My  Lord, 

Having  had  the  honour  in  my  Letter  of  the  24th  ult°  to  acknowledge 
the  receipt  of  Your  Lordship’s  Dispatches  inclosing  the  kings  commission  of 
Lieutenant  Governor,2  I have  now  to  acquaint  your  Lordship  that  I have 
this  day  been  sworn  into  Office  and  have  assumed  the  Command  of  His 
Majesty’s  Province  of  Quebec.  Business  of  various  kinds  that  was  pending, 
and  which  L*  Govr  Hamilton  could  with  greater  propriety  expedite  and 
conclude,  induced  me  to  acquiesce  with  chearfulness  in  his  proposal  not  to 
fix  upon  an  earlier  day  for  his  resigning  the  seals  of  the  Province  into  my 
hands. 

1 Canadian  Archives,  Q 25,  p.  220.  When  Hamilton  was  dismissed.  Col.  Henry  Hope,  who 
had  been  acting  as  Quarter-master  General,  was  promoted  to  the  rank  of  Brigadier  General 
and  received  the  appointment  of  Lieut.  Governor,  as  announced  in  a despatch  from  Lord  Sydney, 
dated  Aug.  20th,  1785.  See  Q 25,  p.  35.  As  he  had  beena  favourite  of  Haldimand  and  a strong 
opponent  of  Hamilton,  the  policy  of  the  Government,  as  may  be  gathered  from  this  despatch, 
was  immediately  changed  on  his  assumption  of  office. 

2 It  was  in  his  letter  of  Oct.  21st,  that  he  acknowledged  this  despatch  from  Sydney.  See 
Q 25,  p.  109. 


794 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

His  Majesty  and  his  Ministers,  My  Lord,  are  no  strangers  to  the  causes 
which  in  the  years  1774  and  1775,  assisted  by  national  and  religious  pre- 
judices (truly  laudable  in  other  parts  of  the  empire)  rendered  the  antient 
subjects  residing  in  Canada,  especially  the  natives  and  Emissaries  of  the 
other  colonies,  averse  to  the  Act  of  Parliament  which  regulates  the  Province 
of  Quebec.  > 

It  is  equally  known  to  His  Majesty  and  Ministers,  how  far  the  same 
causes  at  the  re-establishment  of  Peace,  and  after  the  departure  of  Govr 
Haldimand  from  the  Province  last  year,  engaged  this  same  description  of 
People  to  establish  Committees  as  in  1774,  and  to  renew  Petitions  against 
the  present  constitution  of  the  Colony.1  To  these  causes,  My  Lord,  was 
added  a spirit  of  Party  and  faction  fomented  by  various  interests  and 
resentments,  and  which  I am  warranted  in  pronouncing  had  little  found- 
ation in  views  for  the  public  happiness  or  the  liberty  and  welfare  of  the 
people. 

It  shall  be  my  study  therefore,  Be  assured  My  Lord,  to  discountenance 
and  checque  this  spirit  as  far  as  in  me  lies,  and  to  endeavour  by  moderation 
and  impartiality  to  bring  back  all  His  Majesty’s  subjects  to  a sense  of  their 
duty  and  to  a desire  to  promote  the  Tranquillity  of  the  Province.  The  appro- 
bation of  My  Gracious  Sovereign,  the  noblest  reward  which  a faithfull  and 
zealous  subject  can  propose  to  himself,  will  be  a constant  inducement  to 
persevere  in  the  line  of  conduct  which  has  procur’d  it — To  merit  that  appro- 
bation is  my  greatest  ambition. 

At  the  same  time  that  I am  sensible  of  the  difficulties  of  my  station  and 
present  Situation,  I have  satisfaction  in  informing  Your  Lordship,  that  the 
contagion  of  party  and  the  desire  of  innovation  (notwithstanding  the 
Countenance  which  they  have  had,  and  the  effects  produced  by  the  Emis- 
saries who  were  sent  by  the  Committees  thro’  many  of  the  parishes,)  can 
be  said  to  have  made  but  little  progress  amongst  the  Canadians  in  general. 
Those  of  them  who  have  join’d  in  Petitions  addresses  &ca  are  chiefly 
Burghers  and  shop  keepers  in  the  Towns  of  Quebec  and  Montreal,  dependent 
upon  the  British  Traders  in  their  circumstances  and  with  a very  few  except- 
ions by  no  means  respectable  in  their  characters.  The  Noblesse,  the 
Proprietors  of  Lands  and  the  secular  Clergy,  are  sensible  I believe  of  the 
advantages  granted  them  by  the  Act  of  Parliament  and  consequently  wish 
ardently  the  continuance  of  it.  Bigotry  and  the  influence  of  the  Regular 
Clergy  viz  : “of  the  Seminaries  of  Quebec  and  Montreal  and  of  the  other 
Religious  Communities  made  some  respectable  people  among  the  Canadians 
join  at  first  in  the  mission  of  Mess18  Adhemar  and  De  Lisle,  in  consequence 
of  the  expulsion  from  the  Province  of  two  Priests  who  were  sent  from  the 
seminary  of  S*  Sulpice  at  Paris  ; but  they  no  sooner  found  that  this  measure 
was  perverted  to  civil  and  Political  purposes,  than  they  became  sensible  of 


1 Referring  to  the  petition  of  Nov.  24th,  1784,  and  the  work  of  the  Committees  of  Quebec 
and  Montreal  in  drawing  up  the  Plan  of  a House  of  Assembly,  and  appointing  an  agent  in  London. 
See  pp.  742  & 753  and  note  1,  p.  753. 


CONSTITUTIONAL  DOCUMENTS 


795 


SESSIONAL  PAPER  No.  18 


their  error  ; and  in  the  Petition  to  the  King  (of  which  Major  Ross  was  the 
Bearer)  they  testified  their  disapprobation  of  an  House  of  Assembly  and 
the  innovations  consequent  upon  it.1  I would  upon  this  occasion  be  more 
explicit  in  my  sentiments  on  the  present  system,  if  I did  not  know  that 
His  Majesty  and  Ministers  may  have  the  most  ample  information  on  that 
head  from  the  General  Officers  who  have  since  the  conquest  of  the  country 
had  the  honor  to  serve  as  Governors  in  it — The  Generals  Gage,  Murray, 
Sir  Guy  Carleton  and  Govr  Haldimand  are  in  England  ; their  abilities  and 
experience  render  them  in  an  eminent  degree  competent  to  judge  of  the 
system  which  is  best  calculated  to  secure  this  Country,  to  promote  the 
happiness  of  the  people  and  to  render  it  useful  to  Great  Britain.2  Permit 
me  only,  My  Lord,  to  suggest  with  great  deference  an  Opinion  that  provided 
the  present  system  is  persevered  in  without  any  further  Parliamentary 
Interference,  an  Instruction  or  permission  should  be  given  to  His  Majesty’s 
Governor  or  Commander  in  Chief  for  the  time  being,  to  recommend  more 
than  six  Canadian  Catholics  for  seats  in  the  Legislative  Council — for  as 
this  Body  has  authority  to  make  alterations  in  the  Laws,  customs  and 
usages  of  Canada,  the  measure  appears  to  me  only  consonant  to  equity  and 
could  not  fail  to  have  the  best  effects  in  reconciling  the  people  to  such 
alterations  as  it  may  be  necessary  to  make,  in  the  enacting  of  which  an  equal  or 
at  least  a more  proportionable  number  of  their  Countrymen  shall  have  a voice. 
Some  transactions  in  the  last  session  of  the  Legislative  Council  to  my 
knowledge  created  these  just  reflexions  in  the  minds  of  many  of  the  most 
moderate  and  intelligent  Canadians — and  I have  reason  to  think  that  such 
an  additional  proof  of  His  Majesty’s  Generosity  and  confidence  would 
give  great  satisfaction  to  the  people  of  Canada,  as  it  would  in  their  opinion 
secure  to  their  Posterityt,  he  Possession  of  their  religion,  laws  and  liberty. 
Another  measure  which  in  my  humble  conception  will  attach  the  Canadians 
still  more  firmly  to  His  Majesty’s  Government,  would  be  to  establish  a corps 


1 See  p.  762. 

2 General  Haldimand  on  his  return  to  England  drew  up  a memorandum  respecting  public 

matters  in  the  Province  of  Quebec,  which  he  submitted  to  the  consideration  of  Lord  Sydney. 
Among  the  topics  discussed  were  those  of  Civil  Affairs  and  Deputies  from  Canada.  Under  these 
heads  he  had  this  to  say: — “6th.  The  Spirit  of  Opposition  to  every  Measure  which  I have 
proposed  in,  or  out  of  Council  for  the  King’s  Service,  has  been  so  strongly  manifested  by  some 
Members  of  the  Legislative  Council,  and  by  the  Attorney  General,  particularly  since  Lieut. 
Governor  Hamilton’s  arrival  at  Quebec,  who  has  thought  fit  to  place  Himself  at  the  Head  of 
that  Party,  and  the  Infection  has  been  so  industriously  spread  by  means  of  the  Clergy,  and  other 
Agents,  that  I despair  of  seeing  that  mutual  Confidence  and  Harmony  subsist  in  the  Council 
or  amongst  the  People,  which  is  so  indispensably  necessary  to  the  King’s  Service  and  well  being 
of  the  Province,  while  these  gentlemen  remain  in  Office.  The  Instances  I allude  to  are  many, 
some  of  them,  particularly  the  last,  are  upon  record  in  the  Minutes  of  the  Council — This  party 
is  composed  of  the  Lieut.  Governor,  Messrs.  Finlay,  Grant,  Allsopp,  Cuthbert,  DeLery  and 
Levesque.”  *****  “7th.  It  is  highly  necessary  to  discountenance  the  Correspond- 

ence carried  on  by  the  People  stiling  themselves  deputies  from  Canada,  and  supported  by  Mr. 
Maseres  and  others,  applying  for  a change  of  Government  by  the  establishment  of  a House  of 
Assembly  and  other  changes  entirely  contrary  to  the  Interests  of  the  King  and  Happiness  of  His 
good  Subjects  in  that  Province.  The  Clergy,  whose  devotion  to  the  Interests  of  France  has  of 
late  been  strongly  manifested,  are  deeply  engaged  in  this  Party,  & unless  Measures  are  speedily 
taken  to  cheque  the  Progress  of  it,  so  as  to  deter  the  Clergy  from  persisting,  it  will,  ultimately, 
be  necessary  to  withdraw  some  of  them  from  that  Country. — ” Q 25,  pp.  306-308.  Carleton 
afterwards  submitted  a Memorandum  of  20th  Feb.,  1786,  which  showed  a very  great  change 
of  mind  on  his  part  as  he  recommended  the  good  policy  of  removing,  unasked,  every  grievance  or 
burden  which  would  render  the  position  of  those  in  Canada  inferior  to  that  of  their  neighbours 
of  the  United  States,  in  order  to  render  any  change  of  allegiance  on  the  part  of  those  in  Canada 
undesirable.  See  Q 26 — 1,  p.  53. 


796 


CA NA D IAN  A RCHI VES 


6-7  EDWARD  VII.,  A.  1907 

under  certain  regulations  for  the  service  of  the  Province  officer’d  chiefly  by 
Canadians;  which  would  hold  out  some  provision  for  the  younger  branches  of 
good  families,  (the  want  of  which  or  of  some  similar  resource  I have  heard 
them  frequently  lament,) — might  be  made  to  serve  many  useful  purposes — 
would  restore  that  martial  spirit  so  congenial  to  their  sentiments — and 
which  would  be  also  a Standard  for  the  rest  of  the  Country  to  repair  to, 
when  an  enemy  might  threaten  the  frontier. 

I am  aware  My  Lord  that  the  Loyalists  settled  between  Cataraqui  and 
Montreal  have  been  incited  to  ask,  and  have  been  encouraged  to  expect 
a Constitution  of  Government  different  from  that  establish’d  in  the  other 
Parts  of  the  Province,  and  that  to  meet  this  wish  of  theirs  without  at  the 
same  time  creating  jealousy  in  the  other  subjects  of  the  Province  will  be 
the  most  embarrassing  point  for  Government  in  England  to  settle — but 
their  Numbers  are  not  so  considerable  nor  their  desire  for  a change  of  the 
present  System  so  firmly  rooted  (I  should  hope)  as  to  render  such  a measure 
necessary  at  least  immediately  ; as  otherwise  I foresee  that  it  will  create 
a reasonable  source  of  complaint  among  the  Canadians. 

I will  in  a future  letter  and  when  I shall  have  received  the  dispatches 
and  Regulations  announced  to  me  in  Your  Lordships  letter  of  the  16th 
August1  have  the  honour  to  write  more  fully  my  sentiments  of  these  and 
other  matters 

I have  the  honour  to  be  My  Lord  wTith  the  utmost  respect 

Your  Lordship’s 

most  Obedient  and 

faithfull  humble  servant 

HENRY  HOPE 

The  Right  Honble  Lord  Sydney  &c  &c  &c 
(original) 


MEMORIAL  OF  BRITISH  MERCHANTS  TRADING  TO  QUEBEC.2 

The  Committee  of  Merchants  Trading  to  Quebec  request 
che  honor  of  waiting  on  Lord  Sydney  as  early  as  convenient, 
respecting  the  inclosed  Regulations  proposed  for  that  Province. 

New  York  Coffee  house 

8 February  1786 

At  a General  Meeting  of  the  Merchants  of  London 
Trading  to  the  Province  of  Quebec  held  at  the  New 
York  Coffee  House  the  24th  January  1786. 


1 Here  again  he  has  mistaken  the  date  of  the  letter  referred  to,  which  was  that  of  Aug.  20th 
already  mentioned  in  note  1,  p.  793,  in  which  his  appointment  was  announced  and  various  in- 
structions promised.  See  Q 25,  p,  35. 

2 Canadian  Archives,  Q 26 — 1,  p.  33.  The  points  dealt  with  in  this  memorial  indicate  not 
only  the  chief  political  reforms  required  but  also  the  chief  points  in  Canada’s  external  relations 
at  this  time.  They  foreshadowed  the  discussion  for  the  next  three  years,  and  outlined  the  feat- 
ures dealt  with  in  the  extensive  Report,  or  series  of  Reports  of  1787, — the  outcome  of  Carleton’s 
instructions  to  undertake  a systematic  investigation  of  the  condition  of  the  Province. 


CONSTITUTIONAL  DOCUMENTS 


797 


SESSIONAL  PAPER  No.  18 


We  the  said  Merchants  whose  Names  are  underwritten 
for  ourselves  and  agreeable  to  the  urgent  and  reiterated  com- 
plaints and  Applications  of  the  Inhabitants  of  the  province  of 
Quebeck  think  it  necessary  and  expedient  that  a Representation 
be  made  to  his  Majesty’s  Ministers  of  the  distressed  and  deplor- 
able State  of  that  Province  stating  and  submitting  to  them  the 
following  Measures  which  we  humbly  apprehend  to  be  most 
likely  to  prove  effectual  for  quieting  the  Minds  of  his  Majesty’s 
subjects  there  extending  and  securing  the  Commerce  and  pro- 
tecting the  property  of  the  British  Merchants. 

Viz* 


Laws 

Constitution 
House  of 
Assembly. 


The  present  Code  of  Laws,  if  the  mixture  of  French  and 
English  Laws  may  be  so  call’d,  not  being  well  understood  the 
Execution  of  them  is  subject  to  much  Difficulty  and  Uncertainty, 
among  other  Inconveniencies  persons  often  claim  the  Right 
of  both  and  take  the  Advantage  of  that  which  best  suits  their 
purpose  by  these  and  other  means  the  payment  of  Debts  are 
evaded  and  right  and  property  is  rendered  uncertain  and  insecure. 
The  Losses  the  British  Merchants  have  suffered  from  this  evil 
within  the  last  three  years  has  occasioned  the  ruin  of  many  and 
such  is  the  present  want  of  Confidence  and  want  of  Credit  in 
consequence  of  these  Disasters,  that  Common  Ruin  and  General 
Distress  must  ensue  if  some  effectual  Remedy  be  not  immediately 
applied. 

From  the  Petitions1  delivered  last  Year  to  the  Right  Honor- 
able Lord  Sydney  signed  by  upwards  of  1800  of  the  principal  Inhab- 
itants from  the  Letters  lately  addressed  to  us  from  the  Committees 
of  Quebec  and  Montreal  on  this  Subject  (Copy’s  of  which  are 
hereto  annexed)2  And  moreover  from  our  own  Knowledge  and 
the  particular  Information  our  Connections  in  that  Country 
afford  us,  we  are  clearly  and  unanimously  of  opinion  that  for 
the  Relief  and  Redress  of  these  evils  and  the  many  other  Defects 
of  the  present  Constitution  of  that  Government  a provincial 
Legislature  or  House  of  Assembly  Established  on  the  principle 
as  in  every  other  British  Colony  in  America  will  be  effectual. 

We  are  equally  confident  that  it  is  the  earnest  wish  and 
desire  (whatever  may  have  been  represented  to  the  Contrary) 
of  the  principal  as  well  as  the  Generality  of  the  Inhabitants  of  the 
province  both  old  and  new  subjects  (and  to  which  the  Loyal 
Refugees  have  also  added  their  testimony  by  Petition)3  to  be 
governed  by  British  Laws  to  be  made  and  administered  according 
to  the  British  Constitution — They  found  their  Claim  to  it  not 


1 Referring  particularly  to  the  petition  of  Nov.  24th,  1784,  presented  in  the  spring  of  1785; 
see  p.  742. 

2 See  below  pp.  801  and  803. 

3 See  p.  773. 


798 


CANADIAN  ARCHIVES 


Vermont 


Newfound- 
land & The 
Corn  Trade. 


6-7  EDWARD  VII.,  A.  1907 

only  as  British  subjects  but  under  his  Majesty’s  special  Proclama- 
tion of  the  7th  October  1763. 

We  conceive  no  other  Form  of  Government  will  satisfy  and 
quiet  their  Minds  secure  their  Rights  & protect  our  property — 
We  therefore  feel  it  our  Duty  to  recommend  in  the  most  earnest 
manner  this  Measure  to  his  Majesty’s  Ministers  as  the  most 
essential  for  the  Security  and  Prosperity  of  this  valuable  province 
and  that  that  obnoxious  and  impolitick  Law1  the  act  for  subjecting 
the  British  Subjects  of  Canada  to  a Government  so  repugnant 
to  the  Ideas  of  Britons  and  the  British  Constitution  and  was  so 
often  cry’d  out  against  as  one  of  the  Causes  of  the  Defection  of 
the  Neighbouring  Colonies  may  no  longer  disturb  the  peace  of 
the  Loyal  Subjects  of  this  province 

This  new  state  which  is  already  become  very  populous  and 
which  has  no  Sea  ports  but  through  this  province  must  require 
considerable  quantity’s  of  European  Manufactures  for  which  to 
avoid  the  Duties  and  heavy  Charge  of  transporting  them  by 
Land  through  the  American  States  would  naturally  have 
recourse  to  Canada  and  prefer  the  British  Manufactures  to 
which  they  have  been  accustomed  were  the  Communication 
allowed — We  do  not  conceive  such  Communication  under 
proper  restrictions  could  be  attended  with  any  evil  on  the 
Contrary  it  must  be  productive  of  great  Trade  and  Riches  to 
the  Province  of  Quebec  and  in  consequence  the  increase  of 
British  Navigation  and  Commerce 

Agriculture  has  been  constantly  improving  in  Canada  ever 
since  the  Country  has  been  under  British  Government  in  so 
much  that  the  Exportation  to  the  European  Markets  amounted 
the  year  preceeding  the  last  War  to  upwards  of  Three  hundred 
thousand  Bushels  of  Wheat  besides  considerable  quantitys  of 
Flour  and  Biscuit  sent  to  Newfoundland  and  the  West  Indies 
and  although  the  necessary  Consequences  of  the  War  was  a 
temporary  Impediment  to  its  progress  it  has  speedily  revived 
again  with  the  Re-establishment  of  Peace  and  the  Crop  of  the 
last  year  we  have  undoubted  Authority  to  assert  will  afford 
upwards  of  Two  hundred  Thousand  Bushels  of  Wheat  for 
Exportation — There  can  therefore  be  no  doubt  of  this  province 
being  able  sufficiently  to  supply  the  Newfoundland  Fishery 
with  Bread  and  Flour.  The  Merchants  concerned  in  that  Branch 
of  Trade  having  particularly  desired  as  the  most  essential  means 
for  the  Security  of  the  British  Fishery  to  be  precluded  from 
any  Commerce  or  Communication  with  the  American  Independ- 
ent States  alledging  that  the  Licences  now  held  out  to  them  for 


1 Referring  to  the  Quebec  Act. 


CONSTITUTIONAL  DOCUMENTS 


799 


SESSIONAL  PAPER  No.  18 


Fishery. 


Wine  Fruit 
& Olive  Oil. 


importing  provisions  from  thence  will  be  a Cloke  for  purposes 
prejudicial  to  the  Fishery  and  will  be  availed  of  by  none  but 
what  have  contraband  views  since  such  provisions  can  be  had 
from  the  Mother  Country  or  from  Canada  cheaper  than  from 
any  of  these  States  We  therefore  think  it  our  Duty  to  second 
the  request  of  those  Concerned  in  the  Newfoundland  Fishery 
in  order  that  the  Province  of  Quebec  may  enjoy  the  Advantage 
of  supplying  its  Sister  Colony  with  those  Articles  of  Provision 
which  it  is  in  its  power  so  amply  and  effectually  to  do.1 

That  as  the  Merchants  concerned  in  the  Trade  to  New- 
foundland have  applied  to  Government  for  certain  Regulations 
with  respect  to  Duties  Bounties  &c  to  countervail  the  Bounty 
lately  granted  by  France  for  the  Encouragement  of  the  French 
Fisherys  we  conceive  it  will  be  equitable  and  equally  beneficial 
to  this  Country  that  the  same  Advantages  that  may  be  granted 
to  the  Newfoundland  Fishery  should  be  extended  to  this  and  the 
other  British  Colonies  in  America. 

The  Importation  of  these  Articles  direct  from  the  places  of 
their  growth  in  Spain  and  Portugal  is  also  asked  by  the  New- 
foundland Merchants — We  the  Merchants  Trading  to  Quebec 
(wdio  have  repeatedly  petitioned  the  Lords  of  the  Treasury) 
therefore  now  renew  our  Application  on  this  Head — 2The 
Inhabitants  of  Canada  when  under  the  French  Government 
were  accustomed  to  Red  French  Wine  as  their  Common  Beverage 
— the  Duties  on  French  Wine  in  England  being  so  excessive  high, 
the  Red  Wine  of  Catalona  which  is  the  nearest  in  point  of  quality 
was  introduced  from  Two  thousand  five  hundred  to  Three  thou- 
sand Hogsheads  of  it  have  been  imported  into  Canada  annually — 
The  great  Expence  of  Freight  and  other  Charges  attending  the 
bringing  this  Wine  to  England  to  Land,  clear  and  reship  for 
Canada  is  almost  equal  to  the  first  Cost  and  Duty  the  original 
Cost  being  but  thirty  @ thirty  five  shillings  p hogshead  and  the 
Duty  Seventeen  shillings  and  sixpence.  It  has  been  and  must 
be  the  means  of  introducing  a fraudulent  Trade  by  which  a 
greater  part  of  the  Consumption  is  and  will  be  supplied  in  French 
Wines  which  Trade  will  now  be  facilitated  by  the  Independance 
of  the  neighbouring  States  and  therefore  we  conceive  in  point 
of  Revenue  as  well  as  for  the  Advantage  of  this  Colony  it  would 
be  proper  to  permit  the  Entry  of  Wine  direct  from  Spain  and 
Portugal  on  payment  of  the  same  Duties  that  would  remain  on 
it  when  exported  from  Great  Britain — Fruit  and  Olive  Oil  we 


1 The  question  of  the  Newfoundland  trade  and  fisheries  was  a subject  of  vigorous  and  pro- 
longed discussion  in  the  British  Parliament  and  press  at  this  time. 

2 Under  the  Colonial  policy  embodied  in  the  Navigation  Acts  of  the  time,  not  only  must  such 
limited  trade  as  was  permitted  with  foreigners  be  conducted  exclusively  in  British  ships,  but  the 
trade  must  pass  through  British  ports  and  not  directly  between  a foreign  country  and  colonial 
ports. 


CANADIAN  ARCHIVES 


800 


6-7  EDWARD  VII.,  A.  1907 


are  also  of  Opinion  should  be  permitted  direct  from  the  places 
of  their  Growth  that  the  Inhabitants  of  British  America  may  not 
be  deprived  the  Advantage  of  these  Articles  the  former  of  which 
in  particular  is  in  its  Nature  too  perishable  to  undergo  a double 
Voyage. 


Bounties  on 
Oak  Timber 
Staves  & 
Other 
Lumber. 


The  Bounties  on  the  Importation  of  Oak  Timber  Staves  and 
other  Lumber  having  expired  some  years  ago,  this  Branch  of 
Trade  has  in  Consequence  of  this  and  the  Interruption  of  the 
War  been  almost  totally  discontinued — The  Renewal  of  the  said 
Bounties  for  a limited  time  would  we  conceive  be  productive  of 
the  most  Salutary  effects  in  extending  the  Consumption  of  our 
Manufacturers  employing  many  Ships  and  saving  great  sums  of 
Money  annually  paid  to  Foreigners  particularly  for  Staves  which 
are  now  imported  only  in  Foreign  Ships  from  Hamburgh  and 
Stetin  on  this  Subject  we  refer  to  our  Memorial  presented  to  the 
Lords  of  the  Treasury  the  Beginning  of  the  Year  1785. 1 


While  this  province  was  under  the  Government  of  France — 
Considerable  Quantitys  of  Hemp  were  raised — The  Climate 
being  extremely  favourable  and  many  of  the  Lands  peculiarly 
adapted  to  the  Growth  of  this  Article  we  are  of  Opinion  if  a 
Bounty  equal  to  what  was  given  formerly  to  the  American 
Colonies  of  £8  p ton  was  extended  to  this  province  it  would  be 
the  means  of  reviving  and  promoting  the  Cultivation  th'ereof — 
to  the  mutual  Advantage  of  both  Countries. 

The  Trade  from  Montreal  to  the  Indian  Country  by  far 
the  most  considerable  in  the  province  is  greatly  impeded  for 
want  of  proper  Vessells  to  transport  the  property  over  the  Lakes 
the  same  during  the  War  having  been  restricted  to  Kings  Vessels 
which  still  continues.  And  we  are  of  opinion  this  inconvenience 
can  only  be  removed  by  allowing  the  Traders  to  build  Vessels 
for  themselves  under  such  Regulations  as  may  be  thought 
proper  this  was  permitted  before  the  War  and  no  Inconvenience 
was  found  to  arise  there-from  on  the  Contrary  it  was  a great 
Security  to  the  Kings  Garrisons  for  in  case  of  any  accident  to 
the  Vessels- — they  have  recourse  to  those  belonging  to  the 
Traders2 

We  do  appoint  Mr.  Hunter  Mr.  Rashleigh  Mr.  Ellice  and 
Mr.  Gregory  to  state  these  Matters  to  his  Majesty’s  Ministers 


1 The  Colonial  timber  trade  and  the  bounties  thereon  grew  to  be  a matter  of  much  contro- 
versy for  the  next  half  century. 

2 The  ostensible  object  of  prolonging  the  regulation  adopted  during  the  Revolutionary  War, 
of  requiring  all  transport  on  the  upper  lakes  to  be  conducted  in  government  vessels,  was  to  pre- 
vent the  fur  trade  from  falling  into  the  hands  of  the  Americans.  The  Canadian  merchants  en- 
gaged in  the  trade  continually  protested  against  the  regulations  as  unnecessary,  expensive  and 
vexatious. 


CONSTITUTIONAL  DOCUMENTS 


801 


SESSIONAL  PAPER  No.  18 


and  to  request  their  Concurrence  to  such  Laws  as  may  be  neces- 
sary for  obtaining  the  Objects  desired — 


Rob*  Hunter 
Rob*  Rashleigh 
M & I Gregory  & Co 
Phyn  & Ellice 
Jn°  Shoolbred 
Dyer  Allan  & Co 
John  Strettell 


Jn°  Brickwood 
J.  Strachan.  J. 
& Co 

Heny  Callender 
Jn°  Paterson 
Isaac  Todd 
Elias  Lock 


Mackenzie 


LETTER  FROM  MERCHANTS  OF  MONTREAL.1 


Montreal  2d  Novemr  1785 

Gentlemen 

We  had  the  satisfaction  of  receiving  on  the  30th  July  your  esteemed 
favor  of  the  26th  May,  to  which  we  should  before  now  have  made  Answer, 
but  the  hurry  of  private  Business  which  in  the  shortness  of  our  Summer 
season  requires  the  most  Assiduous  application,  & the  desire  of  procuring 
the  co-operation  of  the  Loyalists,  in  order  to  transmit  you  a Petition  from 
them  by  the  fall  ships,  occasioned  the  long  delay. 

In  conformity  to  your  recommendation,  and  in  Justice  to  that  respect- 
able and  Numerous  body  of  new  Settlers  in  the  upper  parts  of  the  Province, 
the  substance  of  our  petitions  was  thrown  into  a more  concise  and  general 
form,  and  transmitted  to  them  for  perusal  and  approbation  ; but  owing 
to  a Petition  which  last  year  had  been  presented  by  their  Agents  in  London,2 
they  are  of  Opinion  (but  without  finding  any  fault  with  the  Language  or 
Spirit  of  ours)  that  it  will  be  more  proper  for  them,  to  wait  the  result  of 
that  Application,  than  to  join  in  Another,  le’ast  their  Interference  should 
in  some  degree  Militate  against  the  Measures  wch  their  Agents  may  be 
pursuing. — We  shall  transmit  you  Copy  of  the  Advice  which  one  of  the  most 
respectable  and  Intelligent  amongst  the  Loyalists  received  from  London 
on  this  Subject. 

The  Letter  is  dated  15th  June  1785  saying — 

“The  Gentlemen  from  Canada  now  in  London,  wrho  intend  settling  in 
“the  upper  parts  of  the  Province  (the  writer  of  that  Number)  have  presented 
“a  Petition  to  his  Majesty,  praying  for  an  Alteration  of  the  present  mode 
“of  Government,  and  the  Tenure  by  which  they  hold  their  Lands. — or 
“that  the  upper  parts  of  the  Province  including  all  the  new  Settlements, 


1 Canadian  Archives,  Q 26 — 1,  p.  42.  English  and  French  versions  of  this  letter  are  given 
in  parallel  columns,  the  English  copy  being  signed  by  the  English  merchants  and  the  French 
copy  by  the  French  merchants. 

2 See  p.  77 3. 


802 


CA  NA  DIAN  A RCHI VES 


6-7  EDWARD  VII.,  A.  1907 

"may  be  erected  into  a new  Province,  with  a Government  similar  to  the 
"Royal  Governments  before  the  Revolution  in  America  ; but  no  Answer 
"has  as  yet  been  given,  I suppose  it  will  be  laid  before  the  two  Houses  of 
"Parliament  for  their  consideration.’’ 

From  this  Paragraph  you  may  see  that  their  Views  are  directed  nearly 
in  the  same  Manner  as  our  own  ; and  we  should  think  that  by  Uniting  with 
their  Agents  at  home,  it  might  prove  one  of  the  Most  effectual  Measures 
for  Obtaining  our  earnest  desires, — a House  of  Assembly. — However  supine 
and  indifferent  about  modes  of  Government  the  Canadians  may  be  esteemed, 
they  Assuredly  would  consider  themselves  highly  insulted  and  wronged, 
were  they  to  see  a part  of  the  Province  of  which  they  are  Inhabitants 
erected  into  a New  and  free  Government,  whilst  they  were  continued,  under 
the  disgraceful  System  of  being  excluded  from  the  smallest  participation 
in  their  own  Legislation. — 

From  the  different  Conversations  you  mention  to  have  had  with  Lord 
Sydney  on  this  Business,  we  had  hopes  that  some  steps  would  have  been 
taken  by  him  in  Order  to  procure  the  free  Suffrages  of  the  People  here  ; 
but  the  Measure  lately  adopted  of  recalling  Lieu1  Governor  Hamilton 
and  placing  the  power  of  Governor  & Commander  in  Chief  as  well  of  the 
Province  as  of  the  Troops  in  the  hands  of  a Military  Gentleman,1  indicates 
so  strongly  the  Aversion  of  the  Minister  from  those  means,  as  to  preclude 
every  hope  that  the  People  at  large  will  be  called  upon  to  give  their  Voice 
with  freedom, — for  how  many  are  to  be  found  even  amongst  the  higher 
and  more  independent  Classes  of  Mankind  who  will  give  their  opinion 
freely  in  Opposition  to  that  Person  who  has  the  Power  of  commanding 
them  at  pleasure  ; fixing  without  control  the  duration  of  their  Servitude  and 
the  recompence  of  their  Labour  And,  to  enforce  his  Orders  has  a Military 
Force  under  his  own  immediate  direction — You  will  easily  suggest  that  the 
present  is  not  a fit  season  for  obtaining  new  Signatures,  but  tho’  we  shall 
wait  with  patience  for  a discussion  of  our  Petitions,  we  shall  never  lose  the 
Object  of  them  in  View. 

Our  Requests  are  Rights  belonging  to  us  as  British  Subjects  which 
sooner  or  later  will  We  hope  be  granted  ; for  we  cannot  allow  Ourselves  to 
think  that  the  good  sense  of  the  British  Senators  will  for  ever  continue  the 
unwise  and  disgraceful  difference  which  at  present  distinguishes  this  Pro- 
vince from  all  the  other  Colonies  belonging  to  Great  Britain — 

It  affords  us  the  highest  satisfaction  that  your  opinion  coincides  with 
Ours,  and  that  you  are  resolved  to  prosecute  the  prayer  of  our  Petition 
with  firmness  and  Temper. — 

We  are  happy  that  you  consider  the  welfare  of  the  Province  so  connected 
with  your  own  Interests  as  to  render  both  Objects  of  your  Steady  pursuits 


1 Brigadier  General  Henry  Hope.  See  note  1,  p.  793. 


CONSTITUTIONAL  DOCUMENTS 


803 


SESSIONAL  PAPER  No.  18 

and  we  trust  we  shall  derive  most  effectual  assistance  through  your  Means 
towards  the  Completion  of  our  wishes. — We  are  with  the  greatest  Esteem 
& Respect 

Gentlemen 

your  most  obedient  & very  humble  Servants 


James  McGill 

Bouthillier 

Simon  McTavish 

Jn  De  Lisle 

Benjn  Frobisher 

Pre  Guy 

Richd  Dobie 

Dumas 

James  Finlay 

S.  Martin 

Nicholas  Bayard 

Mce  Blondeau 

To  Mess” 

Phyn  & Ellice 

Robert  Rashleigh  & Co 

J Strachan  J McKenzie  & Co 

Perinault 
Pre  Fore  tier 
Jf.  Perrault 
Jh.  papineau 

Dyer  Allan  & Co 
Rob*  Hunter 
John  Strettell 
John  Paterson 
London 

Endorsed  : In  letter  from  Committee  of  Quebec  Merch*8  of  8.  February 
1786 


LETTER  FROM  MERCHANTS  OF  QUEBEC.1 


Quebec  9 Novr  1785 

Gentlemen 

We  received  your  favor  of  the  26th  May  last  Concerning  the  Petitions 
from  this  Province  transmitted  you  last  Spring — And  are  sorry  to  see  that 
Ministry  seem  to  be  inimical  thereto — 

We  intended  applying  to  the  Country  parishes  to  procure  more  Sign- 
atures to  these  Petitions — but  as  you  mentioned  in  your  Letter  that  Govern- 
ment meant  to  send  out  orders  that  the  Sense  of  the  whole  people  should  be 
taken  on  the  Substance  of  them2  We  thought  it  better  to  wait  for  that  General 
decision,  well  Convinced  it  would  turn  out  in  our  favour — The  Arrival  of 
the  Antelope  packet  awaked  us  from  that  delusive  Dream.  The  removal 
of  Mr.  Hamilton  from  the  Government  and  placing  the  Civil  and  Military 


1 Canadian  Archives,  Q 26 — 1,  p.  48.  This  also  is  given  in  English  and  French;  the  English 
copy  being  signed  by  the  English  merchants  and  the  French  by  the  French  merchants. 

2 See  despatch  of  Sydney  to  Hope  which  follows  this  document,  as  also  the  references  to 
this  matter  in  the  debate  on  the  bill  introduced  by  Mr.  Powys,  M.P.,  given  in  note  2,  p.  767. 


804 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

power  in  the  hands  of  the  same  person1  Convince  us  that  the  Ministry  mean 
to  oppose  any  Steps  we  should  take. 

We  explained  to  you  in  our  Letter  of  last  Spring  the  nature  of  the 
Counter  Petition2 — And  we  Cannot  yet  persuade  ourselves  that  the  Minister 
will  produce  it.  The  promoters  of  it  in  this  Country  conducted  it  in  such  a 
private  manner — that  we  never  could  find  out  who  signed  it.  If  it  is 
produced  we  will  thank  you  for  a Copy  of  the  Names  that  are  at  it,  having 
reason  to  suppose  that  undue  means  were  used  to  procure  Signatures — 

We  inclose  you  Letter  from  the  Committees  of  Montreal  they  have  so 
clearly  expressed  our  Ideas  that  we  have  very  little  further  to  say  on  the 
subject — 

As  the  Committee  of  this  place  we  return  you  our  thanks  for  the  trouble 
you  have  already  taken  in  the  Affair — And  hope  you  will  pursue  it  with 
that  Steadiness  which  the  importance  of  the  fate  of  a whole  Province 
where  your  own  Interests  are  so  deeply  engaged  demands. 

It  is  likely  the  Constitution  of  the  Province  will  be  absolutely  fixed 
in  the  Course  of  this  Winter — every  exertion  therefore  on  your  part  will 
be  necessary  to  procure  for  us  that  freedom  we  so  earnestly  desire,  which  is 
the  birth-right  of  every  British  Subject  and  which  is  so  essential  to  the  wel- 
fare and  prosperity  of  the  Country.  The  people  here  look  up  to  you  for 
Support  and  they  hope  you  will  be  able  to  procure  the  Aid  and  Assistance 
of  the  City  of  London  and  of  the  other  great  Commercial  Towns  of  the 
Kingdom  to  preserve  this  province,  now  the  most  valuable  on  the  Continent 
of  America  belonging  to  the  British  Empire,  from  being  kept  in  ignominious 
Slavery 

We  request  you  will  introduce  our  Petitions  at  the  opening  of  this 
Sessions  into  the  two  Houses  of  Parliament  and  instruct  those  Members 
that  Carry  it  up  to  insist  positively  on  the  prayer  of  the  Petition  for  a House 
of  Assembly  We  wish  the  Sense  of  the  House  may  be  taken  on  that  point 
having  great  Confidence  on  the  Patriotism  and  Public  Spirit  of  the  British 
Senate — Many  of  its  Members  have  already  stood  forth  in  our  favour  and 
demanded  the  Repeal  of  the  Quebec  Bill. 

We  think  it  will  be  necessary  to  support  our  petitions  by  the  Examin- 
ation of  such  Gentlemen  from  this  Country  as  are  in  London  at  the  Bar  of 
the  Two  Houses  of  Parliament 

We  flatter  ourselves  our  late  Worthy  Lieut.  Governor  Hamilton  will 
give  a just  report  of  our  Conduct  in  the  Affair  and  that  so  far  from  Stirring 
up  Sedition  and  disturbance  in  the  Province  as  has  been  insinuated3  We 


1 See  note  1,  p.  802. 

2 See  p.  754. 

3 As  in  Hope  to  Haldimand,  Q 24-2,  p.  386;  and  Haldimand  to  Sydney,  see  note  3,  p.  795. 


CONSTITUTIONAL  DOCUMENTS 


805 


SESSIONAL  PAPER  No.  18 

conducted  every  thing  relating  to  these  Petitions  with  the  greatest  Harmony 
and  Moderation 

We  have  the  Honour  to  be  with  great  Respect 
Gentlemen 

Your  most  Obed*  Hble  Servt3 
James  Johnston 
Adam  Lymburner 
Robert  Lester 
Wm  Lindsay 
Jn°  Purss 
John  Antrobus 
Ch: 


Mess" 

Rob1  Hunter 
Phyn  & Ellice 
Robert  Rashleigh  & Co 
J.  Strachan  J.  McKenzie  & Co 
Dyer  Allan  & Co 
John  Strettell 
John  Paterson 
& others 

Endorsed  : In  Letter  from  Committee  of  Quebec  Merchts  of  8 Feby. 
1786. 


Deschenaux  pere 
Ls  Germain  fils 
Ls  Turgeon 
Denechau 
Dubau 
Ch.  Pinguet 
Louis  Dumere 
Perrault  l’aine 
Pommereay 


SYDNEY  TO  HOPE.1 

Whitehall  6th  April  1786 

Lieutenant  Governor  Hope. 

Quebec. 

Sir, 

The  Season  of  the  Year  not  having  admitted  of  a direct  communication 
with  Quebec  since  you  were  invested  with  the  Office  of  Lieu*  Govr  of  that 
Province,  but  through  Channels  which  were  at  best  very  precarious,  I have 
deferr’d  till  this  moment  acknowledging  the  receipt  of  your  Letters  from 
1 to  10. 

Before  I enter  minutely  into  the  several  subjects  contained  in  those  Letters, 
I cannot  omit  to  acquaint  you,  that  His  Majesty  upon  a perusal  of  them 
express’d  himself  well  pleased  with  the  clear  and  distinct  manner  in  which  the 
several  points  of  business  are  arranged  ; and  I may  farther  add,  for  your 
satisfaction,  that  your  sentiments  upon  Matters  in  general  relating  to  the 

. Canadian  Archives,  Q 26 — 1,  p.  73.  Indian  affairs  were  in  a very  critical  condition  at 
this  time,  there  being  once  more,  as  in  the  days  of  French  and  English  rivalry,  two  powers  seeking 
to  obtain  a predominant  influence  with  the  Indians.  This  despatch  indicates  the  policy  of  the 
British  Government  at  the  time. 


806 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

Province  are  directly  correspondent  with  the  Opinion  entertained  by  His 
Majesty’s  Servants  here. 

The  Affairs  of  the  Indians  have  lately  been  a Subject  of  much  Con- 
sideration— Joseph  Brant,  who  arrived  in  the  Packet  with  the  late  Lieu* 
Governor,  has  been  charged  with  the  transaction  of  two  points  of  Business;1 
the  first  to  demand  restitution  for  Losses  sustained  by  the  depredations 
of  the  Americans  during  the  War  ; and  the  second,  and  more  material 
Object,  to  be  satisfied  how  far  they  might  depend  upon  the  support  of  this 
Country  in  case  they  should  be  engaged  in  Disputes  wfith  America,  respect- 
ing their  Lands. — 

With  regard  to  the  first  of  these  points,  His  Majesty’s  Ministers  have 
every  reason  to  think,  that  it  has  been  concluded  in  a manner  that  will  be 
entirely  satisfactory  to  the  Indians,  and  they  cannot  but  conclude  that  the 
liberal  manner  with  which  this  application  has  been  treated,  must  impress 
them  with  a very  favorable  Opinion  of  Our  friendly  disposition  towards 
them.  The  Losses  of  the  Mohawks  according  to  the  Schedule  certified  by 
Sir  John  Johnson,  and  Lieu*  Colonel  Claus,  amount  to  about  £15,000 
SterK  in  which  are  included  those  sustained  by  Joseph  Brant  and  his 
Sister.  It  has  not,  however,  upon  many  accounts  been  thought  advisable 
to  admit  their  right  to  Compensation  for  Sufferings,  which  are  really  nothing 
more  than  the  usual  effects  of  War,  and  which  they  have  shared  only  in 
common  with  His  Majesty’s  Subjects,  But  it  has  nevertheless  been  judged 
expedient,  not  only  to  gratify  them  for  their  former  Services,  but  to  endeavour 
to  secure  their  future  friendship  and  confidence.  Upon  this  ground  a 
Sum  equal  to  the  amount  of  the  Losses  sustained  by  Joseph  and  his  Sister 
has  already  been  paid  to  him,  to  enable  him  to  dispose  of  it  to  advantage  in 
the  purchase  of  Merchandize  previous  to  his  Departure,  and  Assurances  have 
been  given  that  a favorable  Attention  will  be  shewn  to  the  Claims  of  the 
rest  of  the  Indians  still  continuing  attached  to  this  Country,  who  have  been 
Sufferers  in  the  same  Way. 

Notwithstanding  the  Reports  which  have  been  circulated  by  the 
American  Deputies  sent  into  the  Upper  Country,  His  Majesty’s  Ministers 
are  of  Opinion,  that  they  will  hardly  attempt  by  force  to  remove  the 
Indians  whilst  they  continue  united,  from  the  possession  of  the  Lands 
which  they  at  present  inhabit  within  the  Territory  to  which  His  Majesty, 
by  the  late  Treaty  of  Peace,  has  relinquished  the  Sovereignty,  much  less 
to  commence  Hostilities  for  the  Possession  of  Detroit,  whilst  there  can 
remain  even  a probability  that  the  Indians  will  not  lend  their  Assistance  in 
endeavoring  to  effect  it. 

His  Majesty’s  Ministers  observe,  that  the  Meeting  between  the 
Deputies  from  the  several  Tribes,  and  the  Deputies  from  Congress  will 
take  place  some  time  this  Spring,  though  probably  not  till  after  the  arrival 
of  Joseph  Brant,  and  much  will  depend  upon  the  turn  which  Matters  will 


1 See  Brant’s  communication  of  his  credentials  to  Sydney  in  London,  Jan.  4,  1786.  Q 26 — 1, 


CONSTITUTIONAL  DOCUMENTS 


807 


SESSIONAL  PAPER  No.  18 

then  take.  His  Majesty’s  Ministers  rather  imagine  that  no  Disputes  will 
arise  at  this  Meeting  but  that  the  Americans  will  leave  them  in  the  posses- 
sion of  their  Hunting  Grounds  until  a more  favorable  opportunity  shall 
hereafter  offer  for  effecting  the  purposes  which  it  is  supposed  that  Congress 
have  ultimately  in  view,  and  if  that  should  be  the  Case  no  difficulties  will 
immediately  occur  ; but  if  contrary  to  their  expectation  the  Indians  should 
not  accede  to  any  Proposals  that  may  be  made  to  them  by  the  American 
Deputies,  or  cannot  be  prevailed  upon  peaceably  to  accept  of  the  Asylum 
already  directed  to  be  offered  to  them,  within  the  Province  of  Quebec,  Our 
Situation  will  in  some  degree  become  embarrassing.  To  afford  them  open 
and  avowed  Assistance,  should  Hostilities  commence,  must  at  all  Events 
in  the  present  State  of  this  Country  be  avoided;  But  His  Majesty’s  Ministers 
at  the  same  time  do  not  think  it  either  consistent  with  justice  or  good 
Policy  entirely  to  abandon  them,  and  leave  them  to  the  mercy  of  the 
Americans,  as  from  motives  of  resentment  it  is  not  unlikely  that  they  might 
hereafter  be  led  to  interrupt  the  Peace  and  Prosperity  of  the  Province  of 
Quebec.  It  is  utterly  impracticable  for  His  Majesty’s  Ministers  to  prescribe 
any  direct  line  for  your  Conduct  should  matters  be  driven  to  the  extremity, 
and  much  will  depend  upon  your  judgment  and  discretion  in  the  manage- 
ment of  a Business  so  delicate  and  interesting,  in  which  you  must  be  governed 
by  a variety  of  Circumstances  which  cannot  at  this  moment  be  foreseen. 

The  inclosed  Copy  of  a Letter  to  Joseph  Brant,  in  answer  to  his  rep- 
resentation, will  explain  to  you  the  extent  of  the  Engagements  entered  into 
on  this  Side  of  the  Water,  with  which  he  will  proceed  in  the  course  of  a few 
days  to  meet  his  Brethren,  and  from  his  professions  of  Attachment  to  this 
Country,  His  Majesty’s  Ministers  are  led  to  expect  that  he  will  from  time 
to  time  furnish  you  with  the  earliest  notice  of  any  thing  material  that  may 
occur  which  you  will  communicate  to  me  in  the  most  expeditious  way,  for 
His  Majesty’s  Information,  that  Instructions  may  be  transmitted  to  you 
for  your  guidance  upon  such  measures  as  it  may  be  judged  adviseable  to 
adopt. 

His  Majesty’s  Ministers  are  well  aware  of  the  Efforts  that  have  been 
made  by  a certain  description  of  People  to  raise  Discontents  in  the  Province 
of  Quebec,  and  to  bring  forward  Petitions  to  the  Throne  against  the  present 
constitution  of  the  Colony,  But  notwithstanding  these  proceedings,  no 
measures  whatever  are  intended  to  be  taken  for  a change  of  the  System  of 
Government,  until  Sir  Guy  Carleton  shall  have  consulted  the  Opinion  of 
the  Province  thereupon,  and  clearly  ascertained  that  such  a Change  will 
be  attended  with  material  advantage  to  its  general  Interests  and  Happi- 
ness.— His  Majesty  feels  the  strongest  disposition  to  give  His  Canadian 
Subjects  every  proof  of  His  Confidence,  and  will  forthwith  take  under  His 
Royal  Consideration  the  Measure  you  recommend  of  increasing  their 
Numbers  in  the  Legislative  Council,1  which  indeed  had  been  in  contem- 
plation previous  to  the  receipt  of  your  Letter  upon  that  head. 

1 See  Hope  to  Sydney,  p.  793. 


8 


808 


CA NA D IAN  A RCHI VES 


6-7  EDWARD  VII.,  A.  1907 

The  flourishing  State  of  the  new  Settlements  affords  His  Majesty  great 
satisfaction,  not  only  on  account  of  the  Advantages  which  the  Province  in 
general  will  derive  from  so  valuable  a Body  of  People,  but  from  an  interested 
concern  for  the  Welfare  and  Happiness  of  Persons  who  from  their  Loyalty 
and  Attachment  to  His  Majesty’s  Government  have  merited  His  Royal 
Countenance  and  Protection.  The  Lords  of  the  Treasury  I hope  will 
provide  the  additional  Supplies  which  you  recommend  for  their  Subsistence, 
and  I have  no  doubt  but  you  will  receive  Instructions  from  their  Lordships 
on  that  point  by  this  conveyance.1 

However  desirable  it  might  be  to  encrease  the  Military  Force  in  the 
Province  of  Quebec,  I cannot  at  this  moment  encourage  you  to  expect  that 
the  Measure  will  be  adopted  from  the  weak  State  of  the  Army  remaining 
in  this  Kingdom,  and  the  various  Services  which  call  for  their  execution  ; 
Your  Suggestions  relative  to  the  raising  Colonial  Regiments2  it  must  be 
allowed  are  worthy  of  consideration,  and  will  be  attended  to  at  a proper 
time,  when  the  State  of  the  Province  again  becomes  the  Subject  of  dis- 
cussion. 

In  the  present  posture  of  Our  affairs  with  the  American  States,  His 
Majesty’s  Ministers  do  not  judge  it  adviseable  to  renew  the  Office  of  Lieu* 
Governor  of  Detroit,  particularly  whilst  the  Command  of  the  Post  continues 
in  the  hands  of  Major  Ancram,  who  is  represented  to  be  a discreet  and 
intelligent  Officer. 

His  Majesty’s  Ministers  could  have  wished  that  the  Expence  of  the 
Quarter  Master  General,  Barrack  and  Marine  Departments  had  not  been 
encreased  without  their  concurrence  ; they  have,  however,  from  a desire 
to  show  countenance  to  your  Proceedings  in  every  possible  way,  consented 
that  the  present  Establishment  shall  continue  until  final  Arrangements 
shall  be  made  for  the  execution  of  the  Duties  of  those  Departments,  which 
are  now  a Subject  of  Consideration.  At  the  same  time  I must  acquaint 
you,  that  they  feel  themselves  under  the  necessity  of  refusing  a Compliance 
with  your  requisition  for  the  Allowance  of  Aids  de  Camp,  as  the  admitting 
an  Innovation  of  that  Sort,  inconsistently  with  the  regular  Line  of  Military 
Service  would  not  only  be  productive  of  Jealousies  and  Discontents,  but 
in  many  respects  be  extremely  prejudicial  to  His  Majesty’s  Service.3 

I am  &ca 

SYDNEY 


1 See  Hope  to  Nepean,  Q 25,  p.  29,  and  reply,  ibid.  p.  33. 

2 See  Hope  to  Sydney,  p.  793. 

See  Hope  to  Sydney,  Q 25,  p.  237.  In  this  he  states  that  he  has  appointed  two  aids-de- 
camp,  whom  he  expects  to  be  paid. 


CONSTITUTIONAL  DOCUMENTS 


809 


SESSIONAL  PAPER  NO.  18 

LETTER  TO  BRANT  ENCLOSED  IN  FOREGOING  DESPATCH.1 

Colonel  Joseph  Brant  Whitehall  6th  April  1786 

Sir, 

The  King  has  had  under  His  Royal  Consideration  the  two  Letters  which 
you  delivered  to  me  on  the  4th  of  Jany  last2,  in  the  presence  of  Colonel  John- 
son, and  other  Officers  of  the  Indian  Department  ; the  first  of  them  rep- 
resenting the  Claims  of  the  Mohawks  for  Losses  sustained  by  them  and 
other  Tribes  of  Indians  from  the  Depredations  committed  on  their  Lands 
by  the  Americans  during  the  late  War  ; and  the  second  expressing  the  desire 
of  the  Indian  Confederacy  to  be  informed  what  Assistance  they  might 
expect  from  this  Country  in  case  they  should  be  engaged  in  Disputes  with 
the  Americans  relative  to  their  Lands  situated  within  the  Territory  to 
which  His  Majesty  has  relinquished  His  Sovereignty. 

Were  the  right  of  Individuals  to  Compensation  for  Losses  sustained  by 
the  Depredations  of  an  Enemy  to  be  admitted,  no  Country  however  opulent 
it  might  be,  could  support  itself  under  such  a Burthen,  especially  when  the 
Contest  happens  to  have  taken  an  unfavorable  turn  ; His  Majesty  upon 
this  ground  conceives  that  consistently  with  every  principle  of  Justice, 
He  might  withold  His  Royal  Concurrence  to  the  Liquidation  of  those 
Demands.  But  His  Majesty  in  consideration  of  the  zealous  and  hearty 
exertions  of  His  Indian  Allies,  in  the  support  of  His  Cause,  and  as  a Proof 
of  His  most  friendly  Disposition  towards  them,  has  been  graciously  pleased 
to  consent  that  the  Losses  already  certified  by  His  Superintendant  General 
shall  be  made  good,  that  a favorable  Attention  shall  also  be  shewn  to  the 
Claims  of  others  who  have  pursued  the  same  System  of  Conduct,  and  that 
Sr  Guy  Carleton,  His  Governor  General  of  His  American  Dominions,  shall 
take  Measures  for  carrying  His  Royal  Commands  into  execution  immediately 
after  his  Arrival  at  Quebec. 

This  liberal  Conduct  on  the  part  of  His  Majesty,  He  trusts  will  not 
leave  a doubt  upon  the  Minds  of  His  Indian  Allies  that  He  shall  at  all  times 
be  ready  to  attend  to  their  future  Welfare,  and  that  He  shall  be  anxious 
upon  every  occasion,  wherein  their  Interests  and  Happiness  may  be  con- 
cerned, to  give  them  such  further  Testimonies  of  His  Royal  favor  and  coun- 
tenance, as  can,  consistently  with  a due  regard  to  the  National  Faith,  and 
the  honor  and  dignity  of  His  Crown,  be  afforded  to  them. 

His  Majesty  recommends  to  His  Indian  Allies  to  continue  United  in 
their  Councils,  and  that  their  Measures  may  be  conducted  with  temper 
and  moderation  from  which  added  to  a peacable  demeanor  on  their  part, 
they  must  experience  many  essential  Benefits  and  be  most  likely  to  secure 
to  themselves  the  possession  of  those  Rights  and  Privileges  which  their 
Ancestors  have  heretofore  enjoyed. 

I am  &ca 
SYDNEY 


1 See  Q 26—1,  p.  80. 

2 See  Q 26—1,  p.  1. 


810 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

SYDNEY  TO  HOPE.1 


Lieutenant  Govr  Hope 

Whitehall  6th  April  1786 
Sir, 

After  the  communication  which  I made  to  you  in  my  Letter  of  this 
date  of  His  Majesty’s  gracious  approbation  of  your  Proceedings  in  the 
Execution  of  the  Duties  of  your  Station,  as  well  as  of  the  favorable  Opinion 
which  His  Majesty  is  pleased  to  entertain  of  your  Ability',  It  cannot  be 
supposed  for  a moment  that  any  arrangement  which  may  have  occasioned 
a Change  in  your  Situation  can  proceed  from  an  idea  of  a deficiency  on  your 
part  of  those  necessary  Qualifications  which  ought  to  be  possessed  by  a 
Person  holding  the  distinguished  Station  in  which  you  have  been  placed,  or 
from  any  other  Cause  that  can  affect  Your  Character. 

For  some  time  previous  to  your  Appointment  to  the  Office  of  Lieutenant 
Governor  of  Quebec,  His  Majesty  had  it  in  contemplation  to  appoint  a 
Governor  General  over  his  remaining  American  Dominions,  not  only  with 
the  view  of  uniting  their  general  Strength  and  Interests,  but  for  the  more 
ready  determination  of  Subjects  upon  which  instant  decision  might  be  re- 
quisite. His  Majesty  upon  this  Idea  has  been  pleased  to  fix  upon  Sr  Guy 
Carleton,  an  Officer  of  High  Rank  and  Character  in  His  Military  Profession, 
and  peculiarly  adapted  by  long  experience  for  the  regulation  of  Legislative, 
as  well  as  Commercial  and  Political  Concerns,  to  fill  this  very  important 
Office.2 

To  complete  the  New  Arrangement  and  invest  Sr  G.  Carleton  with  the 
Authority  which  His  Station  necessarily  requires,  it  has  been  found  expedi- 
ent to  reduce  the  Powers  which  have  hitherto  been  exercised  by  the  Gover- 
nors of  Quebec,  Nova  Scotia  and  New  Brunswick,  as  well  as  the  designation 
of  their  Offices,  by  stiling  them  Lieutenant  Governors,  permitting  the  two 
latter  nevertheless  to  enjoy  the  Emoluments  heretofore  annexed  to  their 
late  Situation,  and  placing  the  Lieutenant  Governor  of  Quebec  upon  a 
similar  footing.  It  would  be  very  desireable  to  His  Majesty  if  in  this 
Arrangement  you  could  be  accommodated  agreeably  to  your  Wishes,  but 
under  certain  peculiar  Circumstances  His  Majesty  has  thought  it  right 
that  the  Choice  of  the  Lieutenant  Governments  of  New  Brunswick  & Quebec 
should  be  left  to  Col0  Carleton.3 * * * * 8  If  he  should  prefer  his  present  Situation 


1 Canadian  Archives,  Q 26 — 1,  p.  82. 

2 The  following,  from  the  London  Gazette  of  April  15th,  1786,  shows  how  this  intention  was 
carried  out.  “The  King  has  been  pleased  to  appoint  Sir  Guy  Carleton,  Knight  of  the  Most 
Hon.  Order  of  the  Bath,  to  be  Captain  General  and  Governor  in  Chief  in  and  over  the  province 
of  Quebec,  in  America  in  the  room  of  Sir  Frederick  Haldimand,  K.B. 

“The  King  has  also  been  pleased  to  appoint  the  said  Sir  Guy  Carleton  to  be  Captain  General 
and  Governor  in  Chief  in  and  over  the  province  of  Nova  Scotia,  including  the  islands  of  St. 

John  and  Cape  Breton,  in  America,  in  the  room  of  John  Parr,  Esq.;  and  of  the  province  of  New 

Brunswick,  in  America,  in  the  room  of  Thomas  Carleton,  Esq. 

“The  King  has  also  been  pleased  to  appoint  the  said  Sir  Guy  Carleton  to  be  General  and 

Commander  in  Chief  of  his  Majesty’s  forces  in  the  above  mentioned  provinces  and  islands,  and 
within  the  island  of  Newfoundland.”  See  also  Quebec  Gazette,  Aug.  17,  1786. 

8 Col.  Thomas  Carleton  was  a brother  of  Sir  Guy  Carleton,  and  was  at  this  time  Lt.  Governor 
of  New  Brunswick. 


CONSTITUTIONAL  DOCUMENTS 


811 


SESSIONAL  PAPER  No.  18 

which  from  the  good  opinion  and  Confidence  he  has  acquired  of  the  Inhabit- 
ants of  the  Province,  and  the  wisdom  of  his  Measures  for  the  increase  of  its 
Prosperity,  it  is  hoped  he  will  do,  His  Majesty  most  readily  concurs  in  your 
Continuance  at  Quebec.  But  in  Case  Col.  Carleton  should  be  desirous  of 
a change  of  Situation  His  Majesty  has  been  graciously  pleased  to  authorise 
me  to  offer  to  you  the  Lieutenant  Government  of  New  Brunswick.1 

I shall  defer  all  further  proceedings  upon  the  Matter,  so  far  as  you  are 
concerned,  until  I receive  a Communication  from  you  of  your  Sentiments 
upon  it.  In  the  mean  time  I wish  you  to  believe  that  I am  with  great 
Truth  and  Regard. 

I am  &ca 

SYDNEY 

MEMORANDA  FOR  INSTRUCTIONS.2 

A What  Policy  should  the  Governor  Gen1  observe,  with  the  United 
States  ? 

A What,  with  each  seperate  State  ? 

B What  with  the  Indians  ? 

C What  Policy  should  He  observe  with  Vermont  ? how  far  may  He 
permit,  or  connive  at  an  internal  trade,  or  intercourse  with  the  people  of  that 
Country,  or  of  the  other  States,  till  circumstances  are  ripe  for  an  arrange- 
ment ? Instructions,  suited  to  the  line  of  conduct  adopted,  should  be  sent 
to  the  Officers  of  the  Customs — 

D A plan  of  secret  intelligence  should  be  formed,  so  that  nothing 
hostile  to  the  Kings  American  Dominions  may  be  resolved  on,  nor  even 
proposed,  but  what  shall  be  quickly  conveyed,  & reported  to  the  Governor 
Gen 1 — 

Some  general  Ideas  on  these  heads  may  be  given,  that  the  Kings 
Government  in  America  may  not  deviate  too  far,  from  what  shall  be  judged 
most  advisable  at  home. 


1 This  appointment  he  promptly  declined,  virtually  saying  that  he  would  take  Quebec  or 
nothing.  See  Hope  to  Sydney,  June  27th,  1786,  Q 26 — 2,  p.  490.  He  was  permitted  to  remain 
at  Quebec  as  Lt.  Governor  and  President  of  the  Council,  while  Col.  Carleton  was  promoted  to 
be  Brigadier  General  and  Commander  of  the  Forces,  under  his  brother  Lord  Dorchester. 

2 Canadian  Archives,  Q 26 — 1,  p.  57.  These  memoranda  were  intended  at  once  to  solicit 
instructions  from  the  Home  Government  and  to  guide  its  policy  with  reference  to  the  mutual 
relations  of  the  various  provinces  of  British  North  America.  A previous  memorandum,  of  Feb. 
20th,  1786,  marked  “private,”  though  dealing  mainly  with  military  matters  yet  relates  to  some 
of  the  points  here  dealt  with  and  shows  a remarkable  change  of  mind  on  Carleton’s  part  with 
reference  to  the  possible  future  of  the  remaining  colonies.  After  pointing  out  the  wisdom  of 
cultivating  friendly  relations  with  the  continent  as  a whole,  he  turns  to  the  remaining  colonies 
and  says  that,  in  view  of  their  situation;  “Good  policy  therefore  requires  we  should  leave  as 
little  for  them  to  gain  by  a separation  as  possible.  All  the  advantages  offered  to  Congress  for  a 
reconciliation  should  be  reconsidered,  and  such  of  them  as  may  now  be  judged  adviseable  to 
grant,  and  are  wished  for  by  the  Provinces  which  remain  in  their  allegiance,  cannot  be  granted 
too  soon.  That  these  benefits  may  have  their  proper  effect,  they  should  be  conferred  unasked, 
as  soon  as  may  be  and  as  flowing  spontaneously  from  the  benevolence  of  Government,  it  would  be 
unwise  to  withhold  from  dutiful  obedience,  what  might  have  been  obtained  by  tumults  and  re- 
bellion, or  by  delay,  to  let  leaders  of  Sedition  usurp  from  Government  the  gratitude  and  con- 
fidence of  the  people.  All  Burdens  on  Land  which  may  serve  to  excite  animosities  against  the 
Crown  should  be  taken  off,  but  the  regulations  which  promote  the  culture  of  soil,  or  check  the 
evils  of  large  Grants  should  remain.  A power  to  protect  the  people  from  all  vexations,  more 
particularly  from  those  which  proceed  from  men  in  office,  should  be  lodged  on  that  continent, 
that  a sullen  discontent  may  not  have  time  to  spread.”  See  Q 56 — 3,  p.  609.  Given  also  in 
Q 26—1,  p.  53. 


812 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 


Tis  presumed  orders  will  be  sent  to  all  the  Lieu*  Governors  to  corres- 
pond with  the  Govr  Gen1,  & to  send  him  every  necessary  information. 


Tis  recommended  that  the  Lieu*  Governors  take  the  lead,  on  all  oc- 
casions where  the  interests  of  the  people  are  concerned  ; that  the  Kings 
Government  may  assume  its  rights,  and  stand  forth  the  Protectors  of  the 
People,  of  their  Interests,  and  of  their  Liberties. 

Tis  recommended  that  an  intelligent  member  from  each  Council,  & 
One  from  each  Assembly  be  sent  to  meet  the  Govr  Gen1  in  May  next,  & 
report  to  him  the  State  & present  condition  of  their  respective  Provinces  ; 
& to  consult  how  most  effectually  to  carry  into  execution  The  Kings  bene- 
volent intentions  ; to  arrange  & prepare  all  such  measures  as  they  shall 
judge  most  likely  to  promote  the  security,  happiness  & prosperity  of  the 
Kings  American  Subjects,  in  order  that  the  result  of  their  Joint  deliberations 
may  be  submitted  to  the  wisdom  of  His  Majesty’s  Councils. 

DORCHESTER 


July  28th  1786 
Endorsed  : North  America 

To  serve  as  memorandums — 


PLAN  OF  GENERAL  DIRECTIONS  FOR  SIR  GUY  CARLETON1 


To  fix  the'province  in  which  His  Constant  Residence  is  to  be  to  direct 
his  reporting  as  soon  as  possible,  the  real  state  of  the  opinion  of  the  people 
in  general,  with  respect  to  the  applications  that  have  been  made  to  alter 
the  present  Constitution  of  Quebec,  & whether  the  old  [Canadian]  subjects 
wish  any  and  what  alteration. 

to  send  the  Numbers  of  Old  and  New  Subjects,  and  of  those  in  particular, 
who  have  taken  refuge  from  the  United  States 

to  give  an  opinion  whether  there  should  be  any  division  of  the  province, 
where  the  division  is  to  be  made — what  Number  of  refugees  reside  beyond 
the  proposed  division — what  the  Constitution  of  the  proposed  province 
should  be  and  whether,  if  it  is  expedient  to  put  it  upon  a different  footing 
from  that  of  Quebec  and  more  analagous  to  that  of  the  other  British  pos- 
sessions, The  Loyalists  and  disbanded  Corps  should  not  J^e  settled  there 
preferably  to  Quebec. 

to  report  a State  of  the  Trade  of  Quebec  both  Internal  and  External — 
Whether  in  Case  a division  of  the  Province  takes  place,  it  may  not  be  the 
means  of  promoting  a Connection  with  the  United  States,  as  they  may 
more  easily  get  supplies  thro  those  States  than  from  Quebec  whether  the 

1 Canadian  Archives,  C.  O.  42,  Vol.  18,  p.  152. 

This  and  the  following  document  are  undated  and  unsigned,  but  are  found  among  a number 
of  papers  under  the  heading  “Quebec,  Dispatches  and  Miscellaneous,  1786.”  Whether  they 
were  the  outcome  of  conferences  with  Carleton  himself,  or  what  connection  he  had  with  them  is 
uncertain.  They  appear,  however,  to  be  in  harmony  with  the  preceding  memoranda,  and  it  is 
significant  that  the  investigations  and  reports  which  are  suggested  are  in  line  with  the  inquiries 
which  he  immediately  set  on  foot  after  returning  to  Canada.  Portions  of  the  reports  presented 
i n virtue  of  his  directions  are  given  below.  See  pp.  869-945. 


CONSTITUTIONAL  DOCUMENTS 


813 


SESSIONAL  PAPER  No.  18 

Indians  are  supplied  from  the  U States,  and  if  so,  what  steps  may  be 
necessary  to  prevent  it,  & thereby  preserve  an  Influence  over  them. 
Whether  the  Indians  or  any  of  them  continue  settled  within  the  Terri- 
tories of  the  United  States,  & if  so  whether  any  & what  measures  should 
be  taken  to  remove  them  within  ours 

To  report  once  every  Year  a State  of  the  different  Provinces  under  His 
Government,  whether  any  & what  regulations  are  necessary  to  promote 
the  Improvement  and  Commerce  of  each,  and  what  alterations  may  be 
necessary  in  the  Government  and  Police 

If  any  emigration  is  to  be  encouraged  or  conived  at  from  the  United 
States,  directions  must  be  given  to  Sr  G.  how  far  he  must  act  upon  such 
an  occasion 

These  Instructions  to  be  confidential  and  in  Case  of  His  decease  or 
removal  not  to  go  to  His  Successor  in  the  Government  unless  vested  with 
the  Government  of  the  three  distinct  provinces 
Endorsed : for  Sir  G.  C. 

DRAUGHT  OF  PARTICULAR  INSTRUCTIONS  TO  CARLETON1 

Particular  Instructions  to  our  Trusty  and  Welbeloved  Sir  Guy  Carleton, 
Knight  of  the  Order  of  the  Bath,  Our  Captain  General  and  Governor  in 
Chief,  in  and  over  Our  Provinces  of  Quebec,  Nova  Scotia  including  Our 
Islands  of  Saint  John  and  Cape  Breton,  and  New  Brunswick  in  America; 
and  of  all  Our  Territories  respectively  dependant  thereupon : 

Given  at  our  Court  at  Saint  James’s  the  day  of 

1786  and  in  the  twenty  sixth  Year  of  Our  Reign. 

First  Whereas  by  Our  Seperate  Commissions  under  Our  Great 
Seal  of  Great  Britain,  bearing  date  the 

We  have  constituted  and  appointed  You,  to  be  Our 
Captain  General  and  Governor  in  Chief,  in  and  over  Our 
Provinces  of  Quebec,  Nova  Scotia  including  Our  Islands 
of  Saint  John  and  Cape  Breton,  and  New  Brunswick  in 
America,  and  of  all  Our  Territories  respectively  depend- 
ant thereupon,  It  is  Our  Will  and  Pleasure  that  you  do 
in  all  things  comply  with  the  regulations  and  directions 
contained  in  Our  said  seperate  Commissions,  and  the 
different  Instructions  given  you  therewith. 

2d  It  is  Our  Will  and  Pleasure  that  Your  usual  residence  shall  be  in 
Our  Castle  of  Saint  Lewis,  in  Our  City  of  Quebec,  from  whence  you  are 
occasionally,  not  only  to  Visit  the  several  parts  of  that  Province,  whenever 
and  as  often  as  the  good  of  Our  Service,  the  Welfare  of  Our  Subjects,  and 
the  Safety  and  defence  thereof,  may  necessarily  require  Your  presence;  but 

1 Canadian  Archives,  C.O.  42,  Vol.  18,  p.  154. 

As  will  be  observed,  this  draught  of  special  confidential  instructions  follows  up  the  sugges- 
tions in  the  preceding  document. 


814 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

You  are  to  repair  to  Our  other  provinces  under  Your  Government,  and  the 
Islands  of  Saint  John  and  Cape  Breton,  and  take  upon  Yourself  the  Com- 
mand and  Government  thereof,  whenever  You  shall  Judge  it  expedient  so 
to  do;  for  this  purpose,  You  are  to  direct  the  Lieutenant  Governors  of 
Our  said  Provinces  and  Islands,  to  correspond  with  you  by  every  Oppor- 
tunity, and  to  inform  you  of  the  actual  state  thereof,  that  if  necessary, 
You  may  by  taking  upon  yourself  the  command  as  aforesaid,  adopt  such 
measures,  and  make  such  regulations,  consistent  with  Our  Instructions,  as 
will  effectually  promote  Our  service,  and  tend  to  the  Interest,  Welfare,  and 
Security,  of  Our  Subjects;  Informing  us  thro  one  of  Our  principal  Secre- 
taries of  State  by  the  first  opportunity  of  what  you  have  done  upon  such 
occasions,  together  with  every  circumstance  attending  the  same,  that  Our 
pleasure  thereupon  may  be  signified  to  You 

3d  And  whereas  applications  have  been  made  to  Us  by  divers  of  Our 
Loving  Subjects  Inhabitants  of  Our  Province  of  Quebec,  that  some  altera- 
tions may  be  made  in  the  present  Constitution  of  Our  said  Province  as  es- 
tablished by  the  Act  passed  in  the  fourteenth  Year  of  Our  Reign  Intituled 
an  Act  &c  And  at  the  same  time  it  has  been  represented  to  Us  that  the 
most  considerable  Number  of  Our  Loyal  Subjects  therein  do  not  wish  that 
any  Innovation  or  alteration  in  the  present  Constitution  should  take  place. 
It  is  therefore  Our  Will  and  pleasure  that  as  soon  after  your  arrival  in  our 
said  Province  as  possible,  you  do  endeavor  to  obtain  the  most  full  and 
authentick  information  of  the  real  sentiments  of  the  Inhabitants  in  that 
respect;  and  if  from  such  information  it  shall  appear  to  You,  that  it  may 
be  necessary  in  any  instance,  to  depart  from  the  present  established  System 
of  Government,  as  settled  by  the  aforesaid  Act,  You  are  to  state  the  same 
with  all  possible  precision,  and  point  out  what  in  your  Opinion,  the  present 
situation  of  the  Province,  or  the  general  wishes  of  our  subjects  may  with 
propriety  and  good  policy  require  to  be  done  therein ; and  you  are  to  com- 
municate the  same  to  us  thro  one  of  Our  principal  Secretaries  of  State  for 
Our  consideration 

4th  You  are  to  obtain  as  soon  as  possible,  an  account  of  the  actual 
Number  of  Our  Subjects  residing  in  Our  said  Province,  distinguishing  the 
Old  from  the  New  Inhabitants,  and  again  distinguishing  those  who  have 
retired  from  the  Province,  now  the  United  States  of  America,  and  those 
who  have  been  in  Our  Service  during  the  late  War,  and  whose  Corps  have 
been  reduced;  and  you  are  also  to  Obtain  the  most  authentick  Information, 
whether  any  of  the  Nations  of  Indians  in  alliance  and  Friendship  with  Us, 
continue  to  reside  within  the  Territories  of  the  United  States  of  America, 
and  the  Boundaries  thereof,  as  settled  by  the  Treaty  of  Peace;  and  whether 
those  Indians,  or  any  others  within  Our  Territories,  are  supplied  with  goods 
from  the  subjects  of  the  said  United  States,  or  have  any  commercial  or 
other  Intercourse  with  them;  and  You  are  to  transmit  the  same  to  Us  thro 
one  of  our  Principal  secretaries  of  State  as  before  directed,  together  with 
any  Information,  or  proposition,  by  which  you  may  think,  proper  and 


CONSTITUTIONAL  DOCUMENTS 


815 


SESSIONAL  PAPER  No.  18 

effectual  Measures  may  be  taken,  to  Induce  those  Indians  to  remove  within 
Our  Territories,  and  to  discontinue  any  Intercourse  with  the  subjects  or 
Inhabitants  of  the  said  United  States,  which  may  Lessen  Our  Influence 
with  them,  and  be  prejudicial  to  Our  Service,  and  the  Interest  and  Com- 
merce of  Our  Subjects. 

5th  And  whereas  it  has  been  represented  to  Us,  that  the  Internal 
Commerce  of  our  province  of  Quebec,  may  be  greatly  promoted  and  ex- 
tended; and  propositions  have  been  made  to  establish  exclusive  Trading 
Companies  for  that  purpose:  You  are  to  transmit  to  Us  as  before  directed, 
a clear  and  distinct  state  of  the  present  Trade  of  Our  said  Province,  both 
Foreign  and  Internal,  and  also  Your  opinion,  how  far  the  same  may  be 
extended  and  improved,  and  the  representations  and  propositions  made  to 
Us  as  above  mentioned,  are  founded  in  fact,  and  likely  to  be  attended  with 
Success : and  whether  the  advantages  which  it  is  alledged  may  arise  there- 
from, will  be  more  effectually  attained  by  Establishing  the  exclusive 
Trading  Companies  as  proposed,  or  by  allowing  a free  and  Open  Trade  to 
all  Our  Subjects. 

6th  And  whereas  from  the  great  extent  of  Our  province  of  Quebec,  as 
well  as  the  increased  Number  of  Inhabitants,  and  in  particular  of  those  of 
our  Loyal  Subjects  who  were  heretofore  Inhabitants  of  the  Provinces  now 
the  United  States  of  America,  and  who  have  retained  their  allegiance  to  Us, 
it  may  be  expedient  to  divide  the  same,  and  erect  for  the  present  a distinct 
and  seperate  province  to  the  Westward : It  is  Our  Will  and  Pleasure,  that 
You  do  obtain  the  most  particular  information,  and  transmit  Your  Opinion, 
where  and  in  what  Manner  the  proposed  division  should  be  made,  and  also 
whether  the  Constitution  of  such  new  erected  province,  ought  to  be  similar 
to  what  is  at  present,  or  may  hereafter  be  established  in  Our  province  of 
Quebec,  or  whether  the  same  should  be  similar  to  those  established  in  Our 
other  Provinces  and  Colonies  in  America:  and  also  whether  in  Case  such 
proposed  division  should  take  place,  the  Inhabitants  of  the  province  so  to 
be  erected,  may  not  be  supplied  with  European,  and  Other  produce  and 
Manufactures,  with  greater  facility,  and  upon  easier  terms,  by  the  Subjects 
and  thro  the  Territories  of  the  United  States  of  America,  than  by  Our 
Subjects,  and  thro  Our  province  of  Quebec,  and  thereby  a connection  and 
Intercourse  between  the  Subjects  of  the  Two  countries,  be  unavoidably 
promoted  and  encouraged;  which  Information  and  Opinion,  You  are  to 
transmit  to  Us  thro  one  of  our  principal  secretaries  of  state  as  before 
directed. 

Endorsed;  Dra1  of  Particular  Instructions 
to  Sr  Guy  Carleton 


816 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

INSTRUCTIONS  TO  LORD  DORCHESTER,  1786.1 

(Copy) 

GEORGE  R. 

[L.S.] 

Instructions  to  Our  Right  Trusty  and  Welbeloved  Guy  Lord  Dor- 
Chester,  Knight  of  the  Most  Honorable  Order  of  the  Bath — Our 
JS  Captain  General  and  Governor  in  Chief  in  and  over  Our  Province 
3^  of  Quebec  in  America,  and  of  all  Our  Territories  dependent 
°!f £ thereupon — Given  at  Our  Court  at  S*.  James’s  the  23d  Day  of 
uca-  August  1786.  In  the  Twenty  Sixth  Year  of  Our  Reign. 

First.  . . .With  these  Our  Instructions  you  will  receive  Our  Commission 
under  Our  Great  Seal  of  Great  Britain  constituting  You  Our  Captain  Gen- 
eral and  Governor  in  Chief  in  and  over  Our  Province  of  Quebec  in  America, 
and  all  Our  Territories  thereunto  belonging  bounded  and  described  as  in 
Our  said  Commission  is  set  forth  ; In  execution  therefore  of  the  Trust  We 
have  reposed  in  You,  You  are  to  take  upon  You,  the  Administration  of  the 
Government,  and  to  do  and  execute  all  Things  belonging  to  your  Com- 
mand according  to  the  several  Powers  and  Authorities  of  Our  said  Com- 
mission, and  these  Our  Instructions  to  You,  or  according  to  such  further 
Powers  & Instructions,  as  you  shall  at  any  time  hereafter  receive  under  Our 
Signet  & Sign  Manual,  or  by  Our  Order  in  Our  Privy  Council,  and  you  are 
to  call  together  at  Quebec  the  following  Persons  whom  We  do  hereby 
constitute  and  appoint  to  be  Our  Council  for  the  Affairs  of  Our  said  Pro- 
vince and  the  Territories  thereunto  belonging  Viz*  Henry  Hope  Esqr 
Lieutenant  Govr  of  Our  said  Province  of  Quebec,  or  the  Lieutenant  Gover- 
nor of  Our  said  Province  for  the  time  being  : William  Smith  Esqr  Our  Chief 
Justice  of  Our  said  Province  of  Quebec  or  the  Chief  Justice  of  Our  said 
Province  for  the  Time  being,  Hugh  Finlay,  Thomas  Dunn,  Francis  Les 
Vesques,  Edward  Harrison,  John  Collins,  Adam  Mabane,  Chaussegros  de 
Lery,  George  Pownall  Secretary  of  Our  said  Province  of  Quebec,  or  the 
Secretary  of  Our  said  Province  for  the  Time  being,  Picotte  de  Bellestres, 
John  Fraser,  Henry  Caldwell,  William  Grant,  Rocque  S*  Ours  Junr  Francis 
Baby  De  Longueuil,  Samuel  Holland  and  George  Davison 

Esquires,  Sir  John  Johnson  Bar*,  Charles  de  Lanaudiere  de  Boucher- 
ville  & Compte  du  Pr6  Esquires,  every  one  of  which  respectively  shall 
enjoy  his  Office  of  Councillor  aforesaid  during  Our  Will  and  Pleasure  and 
his  residence  within  Our  said  Province  of  Quebec  and  not  otherwise. 


1 Canadian  Archives,  Q 26B.  formerly  M 230,  p.  231.  Just  before  leaving  for  America  Sir 
Guy  Carleton  was  raised  to  the  Peerage  as  Baron  Dorchester.  He  arrived  in  Quebec  on  Oct. 
23rd,  1786.  On  comparing  these  Instructions  with  those  given  to  Carleton  in  1775  and  Haldi- 
mand  in  1778,  it  wall  be  observed  that  the  changes  are  not  very  numerous,  beyond  embodying 
the  additional  instructions  issued  in  the  interval,  as  in  articles  2,  16,  37,  and  40  to  43;  or 
readjusting  the  wording  to  harmonize  with  certain  ordinances  passed  in  the  meantime,  as  in 
articles  12  and  14. 


CONSTITUTIONAL  DOCUMENTS 


817 


SESSIONAL  PAPER  No.  18 

2d.  . . .It  is  Our  further  Will  and  Pleasure  that  any  five  of  the  said 
Council  shall  constitute  a Board  of  Council  for  transacting  all  Business  in 
which  their  Advice  and  Consent  may  be  requisite,  Acts  of  Legislature  only 
excepted,  (in  which  Case  you  are  not  to  act  without  a Majority  of  a whole) 
you  are  however  not  to  select  or  appoint  any  such  Members  of  Our  said 
Council  by  Name  to  the  Number  of  five  as  you  may  think  fit  to  transact 
such  Business,  or  term  any  select  Number  of  such  Members  by  the  Name 
of  a Privy  Council,  but  you  are  on  every  Occasion  where  the  Attendance  of 
the  Members  is  necessary  or  required,  to  summon  all  such  who  may  be  within 
a convenient  Distance  ; And  It  is  Our  further  Will  and  Pleasure  that  the 
Members  of  Our  said  Council  shall  have  and  enjoy  all  the  Powers,  Privileges 
and  Emoluments  enjoyed  by  the  Members  of  Our  Councils  in  Our  other 
Plantations,  and  also  such  others  as  are  contained  and  directed  in  Our  said 
Commission  under  Our  Great  Seal  of  Great  Britain  and  in  these  Our  In- 
structions to  you,  and  that  they  shall  meet  together  at  such  time  and 
times,  place  and  places  as  you  in  your  Discretion  shall  think  necessary, 
except  when  they  meet  for  the  purpose  of  Legislation,  in  which  case  they 
are  to  be  assembled  at  the  Town  of  Quebec  only. 

3d. . . .And  you  are  with  all  due  & usual  Solemnity  to  cause  Our  said 
Commission  to  be  read  and  published  at  the  said  Meeting  of  Our  Council, 
which  being  done,  you  shall  then  take  and  also  administer  to  each  of  the 
Members  of  Our  said  Council  (not  being  a Canadian  professing  the  Religion 
of  the  Church  of  Rome)  the  Oaths  mentioned  in  An  Act  passed  in  the  first 
year  of  the  Reign  of  His  Majesty  King  George  the  First,  Intituled  “An  Act 
“for  the  further  Security  of  His  Majesty’s  Person  & Government  and  the 
“Succession  of  the  Crown  in  the  Heirs  of  the  late  Princess  Sophia  being 
“Protestants  and  for  extinguishing  the  Hopes  of  the  pretended  Prince  of 
“Wales  and  his  open  and  secret  Abettors,”  as  altered  and  explained  by  an 
“Act  passed  in  the  sixth  year  of  Our  Reign  Intituled,  “An  Act  for  altering 
“the  Oath  of  Abjuration  and  Assurance,  and  for  amending  so  much  of  an 
“Act  of  the  seventh  year  of  Her  late  Majesty  Queen  Anne,  Intituled, 
“An  Act  for  the  Improvement  of  the  Union  of  the  two  Kingdoms,  as  after 
“the  time  therein  limited  requires  the  Delivery  of  certain  Lists  and  Copies 
“therein  mentioned  to  Persons  indicted  of  High  Treason  or  Misprision  of 
“Treason,”  as  also  make  and  subscribe  the  Declaration  mentioned  in  An 
Act  of  Parliament  made  in  the  twenty  fifth  year  of  the  Reign  of  King 
Charles  the  Second  Intituled,  “An  Act  for  preventing  Dangers 
“which  may  happen  from  Popish  Recusants,”  And  you  and  every 
one  of  them  are  likewise  to  take  an  Oath  for  the  due  Execution  of  your  and 
their  Places  and  Trusts  with  regard  to  your  and  their  equal  and  impartial 
Administration  of  Justice,  and  you  are  also  to  take  the  Oath  required  by 
an  Act  passed  in  the  seventh  and  eighth  years  of  King  William  the  Third 
to  be  taken  by  Governors  of  Plantations  to  do  their  utmost  that  the  Laws 
relating  to  the  Plantations  be  observed. 


818 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

4th.  . . .And  whereas  by  an  Act  passed  in  the  fourteenth  year  of  Our 
Reign,  Intituled,  “An  Act  for  making  more  effectual  Provision  for  the 
“Government  of  the  Province  of  Quebec  in  North  America”  It  is  enacted 
and  provided  that  no  person  professing  the  Religion  of  the  Church  of 
Rome,  and  residing  in  the  said  Province  shall  be  obliged  to  take  the  Oath 
of  Supremacy  required  by  an  Act  passed  in  the  first  year  of  Queen  Eliza- 
beth, or  any  other  Oaths  substituted  by  any  other  Act  in  the  place  thereof, 
but  that  every  such  person,  who  by  the  said  Statute  is  required  to  take  the 
Oaths  therein  mentioned,  shall  be  obliged  and  is  thereby  required  under 
certain  Penalties  to  take  and  subscribe  an  Oath  in  the  form  and  Words 
therein  prescribed  and  set  down,  It  is  therefore  Our  Will  and  Pleasure  that 
you  do  administer  to  each  and  every  Member  of  Our  said  Council,  being 
a Canadian  & professing  the  Religion  of  the  Church  of  Rome,  and  cause 
each  of  them  severally  to  take  and  subscribe  the  Oath  mentioned  in  the  said 
Act  passed  in  the  fourteenth  Year  of  Our  Reign,  Intituled,  “An  Act  for 
“making  more  effectual  Provision  for  the  Government  of  the  Province  of 
“Quebec  in  North  America,”  and  also  cause  them  severally  to  take  an  Oath 
for  the  due  Execution  of  their  Places  and  Trusts  and  for  their  equal  and 
mpartial  Administration  of  Justice. 

5.  . . .And  that  We  may  be  always  informed  of  the  Names  and  Charac- 
ters of  Persons  fit  to  supply  the  Vacancies  which  may  happen  in  Our  said 
Council,  you  are  from  time  to  time  to  transmit  to  Us  by  one  of  Our  principal 
Secretaries  of  State  the  Names  and  Characters  of  such  persons,  Inhabitants 
of  Our  said  Province,  whom  you  shall  esteem  best  qualified  for  that  Trust, 
and  you  are  also  to  transmit  a Duplicate  of  the  said  Account  to  the  Lords 
of  the  Committee  of  Our  Privy  Council  for  Trade  and  Plantations  for 
their  Information. 

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

7. .  . .You  are  at  your  first  calling  together  Our  Council  to  communicate 
to  them  such  and  so  many  of  these  Our  Instructions  wherein  their  Advice 
and  Consent  are  mentioned  to  be  requisite,  or  which  contain  any  Directions 
as  to  the  framing  of  Ordinances  for  the  Peace,  Welfare  and  good  Government 
of  Our  said  Province,  as  likewise  all  such  others  from  time  to  time  as  you 
shall  find  convenient  for  Our  service  to  be  imparted  to  them. 

8. .  . .You  are  to  permit  the  Members  of  Our  said  Council  to  have  and 
enjoy  freedom  of  Debate  and  Vote  in  all  Affairs  of  publick  Concern  that 
may  be  debated  in  Council. 


CONSTITUTIONAL  DOCUMENTS 


819 


SESSIONAL  PAPER  No.  18 

9.  . . .And  whereas  by  the  aforesaid  Act  passed  in  the  fourteenth  year 
of  Our  Reign  Intituled,  “An  Act  for  making  more  effectual  provision  for 
“the  Government  of  the  Province  of  Quebec  in  North  America”  It  is 
further  enacted  and  provided  that  the  Council  for  the  Affairs  of  the  said 
Province  to  be  constituted  and  appointed  in  manner  therein  directed,  or 
the  Major  part  thereof  shall  have  power  and  Authority  to  make  Ordinances 
for  the  peace,  Welfare  and  good  Government  of  the  said  Province  with  the 
Consent  of  Our  Governor  or  in  his  Absence  the  Lieutenant  Governor  or 
Commander  in  Chief  for  the  time  being,  Provided  that  no  Ordinance  shall 
be  passed,  unless  upon  some  urgent  Occasion  at  any  Meeting  of  the  Council, 
except  between  the  first  Day  of  January  and  the  first  Day  of  May,  You 
are  to  take  especial  Care  that  the  Directions  of  the  said  Act  be  duly  observed 
and  that  no  Ordinance  be  passed  at  any  Meeting  of  the  Council  where  less 
than  a Majority  is  present,  or  at  any  time  except  between  the  first  Day  of 
January  and  the  first  Day  of  May  as  aforesaid,  unless  upon  some  urgent 
Occasion  in  which  case  every  Member  thereof  resident  at  Quebec  or  within 
fifty  Miles  shall  be  personally  summoned  to  attend  the  same. 

10.  . . .That  no  Ordinance  be  passed  for  laying  any  Taxes  or*  Duties, 
such  Rates  and  Taxes  only  excepted  as  the  Inhabitants  of  any  Town  or 
District  may  be  authorized  to  assess,  levy  and  apply  within  the  said  Town 
or  District  for  the  making  of  Roads,  erecting  & repairing  of  publick  Build- 
ings, or  for  any  other  purpose  respecting  the  local  Convenience  and  (Econ- 
omy of  such  Town  or  District. 

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

That  in  all  Ordinances  imposing  Fines,  Forfeitures  or  Penalties,  express 
Mention  be  made  that  the  same  is  granted  or  reserved  to  Us,  Our  Heirs  and 
Successors  for  the  publick  Uses  of  the  said  Province,  and  the  Support  of 
the  Government  thereof,  as  by  the  said  Ordinance  shall  be  directed,  and 
that  a clause  be  inserted  declaring  that  the  Money  arising  by  the  Operation 
of  the  said  Ordinance  shall  be  accounted  for  unto  Us  in  this  Kingdom,  and 
to  Our  Commissioners  of  Our  Treasury  for  the  time  being,  and  audited  by 
Our  Auditor  General  of  Our  Plantations  or  his  Deputy. 

That  no  Ordinance  be  passed  relative  to  the  Trade  Commerce,  or 
Fisheries  of  the  said  Province,  by  which  the  Inhabitants  thereof  shall  be 
put  upon  a more  advantageous  footing  than  any  other  of  Our  Subjects, 
either  of  this  Kingdom  or  of  the  Plantations,  who  have  retained  their 
Allegiance. 

That  no  Ordinance  respecting  private  property  be  passed  without  a 
Clause  suspending  its  Execution  until  Our  Royal  Will  and  Pleasure  is 
known,  nor  without  a Saving  of  the  right  of  Us,  Our  Heirs  & Successors 
and  of  all  Bodies  Politick  and  Corporate,  and  of  all  other  persons,  except 
such  as  are  mentioned  in  the  said  Ordinance  and  those  claiming  by,  from, 
and  under  them,  And  before  such  Ordinance  is  passed  Proof  must  be  made 


820 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

before  you  in  Council  and  entered  in  the  Council  Books,  that  publick 
Notification  was  made  of  the  Parties’  Intention  to  apply  for  such  Ordinance 
in  the  several  Parish  Churches,  where  the  Lands  in  question  lye  for  three 
Sundays  at  least  successively  before  any  such  Ordinances  shall  be  proposed, 
And  you  are  to  transmit  and  annex  to  the  said  Ordinance  a Certificate 
under  your  Hand  that  the  same  passed  through  all  the  forms  abovemen- 
tioned. 

That,  except  in  Cases  of  imminent  Necessity  or  immediate  temporary 
Expediency,  you  shall  not  enact  any  Ordinance  for  less  time  than  two 
years,  and  you  shall  not  re-enact  any  Ordinance,  to  which  Our  Assent  shall 
have  been  once  refused,  nor  give  your  Assent  to  any  Ordinance  for  repealing 
any  other  passed  in  Your  Government,  which  shall  have  received  Our  royal 
Approbation,  unless  you  take  care  that  there  be  a Clause  inserted  therein 
suspending  the  Execution  thereof  until  Our  Pleasure  shall  be  known,  and 
in  either  case  it  will  be  your  Duty  to  make  full  representation  to  Us  by  One 
of  Our  principal  Secretaries  of  State,  and  to  the  Lords  of  the  Committee  of 
our  Privy  Council  for  Trade  & Plantations  for  their  Information  of  the 
reasons  and  Necessity  which  appeared  to  you  for  passing  such  Ordinance. 

That  all  such  Ordinances  be  transmitted  by  you  within  six  Months 
after  their  passing,  or  sooner  if  Opportunity  offers,  to  Us  by  one  of  Our 
principal  Secretaries  of  State  and  Duplicates  thereof  to  the  Lords  of  the 
Committee  of  Our  Privy  Council  for  Trade  & Plantations  for  their  Infor- 
mation ; That  they  be  abstracted  in  the  Margins  and  accompanied  with 
very  full  and  particular  Observations  where  they  may  be  necessary,  together 
with  fair  Copies  of  the  Journals  of  the  proceedings  of  the  Council,  which 
you  are  to  require  from  the  Clerk  of  the  said  Council. 

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

12..  The  Establishment  of  Courts  and  a proper  Mode  of  administering 
Civil  and  Criminal  Justice  throughout  the  whole  Extent  of  Our  Province 
according  to  the  Principles  declared  in  the  said  Act  for  making  more  effectual 
provision  for  the  Government  thereof  demand  the  greatest  Care  and 
Circumspection,  for  as  on  the  one  Hand  it  is  Our  gracious  purpose,  con- 
formable to  the  Spirit  and  Intention  of  the  said  Act  of  Parliament,  that  Our 
Canadian  Subjects  should  have  the  Benefit  and  Use  of  their  own  Laws, 
Usages  and  Customs  in  all  Controversies  respecting  Titles  of  Land,  and  the 
Tenure,  Descent,  Alienation,  Incumbrances  and  Settlements  of  real  Estates 
and  the  Distribution  of  personal  property  of  Persons  dying  intestate,  so  on 
the  other  hand  it  will  be  the  Duty  of  the  Legislative  Council  to  consider  well 
in  framing  such  Ordinances,  as  may  be  necessary  for  the  Establishment  of 
Courts  of  Justice,  and  for  the  better  Administration  of  Justice,  whether 


CONSTITUTIONAL  DOCUMENTS 


821 


SESSIONAL  PAPER  No.  18 

the  Laws  of  England  may  not  be,  if  not  altogether,  at  least  in  part  the  Rule 
for  the  Decision  in  all  Cases  of  personal  Actions  grounded  upon  Debts, 
Promises,  Contracts  and  Agreements,  whether  of  a Mercantile  or  other 
Nature,  and  also  of  Wrongs  proper  to  be  compensated  in  Damages,  and 
more  especially  where  Our  Natural  born  Subjects  of  Great  Britain,  Ireland, 
or  other  Plantations  residing  at  Quebec,  or  who  may  resort  thither  or  have 
Credit  or  Property  within  the  same,  may  happen  to  be  either  Plaintiff  or 
Defendant  in  any  Civil  Suit  of  such  a Nature. 

13.  ..  .Whereas  an  Ordinance  hath  been  passed  in  Our  Province  of 
Quebec,  Intituled,  “An  Ordinance  for  securing  the  Liberty  of  the  Subject 
“and  for  the  prevention  of  Imprisonments  out  of  this  Province,”  It  is  Our 
Will  and  Pleasure  that  you  do  take  effectual  Care  that  the  said  Ordinance  be 
duly  enforced,  so  that  every  Security  to  personal  Liberty,  which  is  thereby 
provided  for,  may  be  fully  enjoyed  by  Our  Subjects  in  that  Province. 

14.  . . .Whereas,  in  pursuance  of  Our  former  Instructions  to  Our  Gover- 
nors and  Commanders  in  Chief,  Courts  of  Justice  have  been  established 
within  Our  province  of  Quebec,  It  is  Our  Will  and  Pleasure  that  you  do 
take  due  care  that  in  all  Cases  whatever  the  Powers  and  Authorities  granted 
by  Us,  or  by  any  Ordinance  confirmed  by  Us,  to  the  said  several  Courts  be 
duly  observed  and  enforced,  and  that  the  Proceedings  therein  be  in  all 
things  conformable  to  the  said  Act  of  Parliament  “for  making  more  effectual 
“provision  for  the  Government  of  the  Province  of  Quebec,”  and  to  such 
Ordinances  as  may  have  been  or  hereafter  may  be  enacted  by  the  Legis- 
lature for  those  purposes  ; And  that  the  Governor  and  Council  (of  which 
in  the  Absence  of  the  Governor  and  Lieutenant  Governor  the  Chief  Justice 
is  to  be  President)  shall  continue  to  be  a Court  of  Civil  Jurisdiction  for  the 
hearing  and  determining  of  all  Appeals  from  the  Judgment  of  the  other 
Courts,  where  the  Matter  in  dispute  is  above  the  Value  of  ten  Pounds; 
That  any  five  of  the  said  Council  (if  no  more  shall  upon  Summons  be  present) 
with  the  Governor,  Lieutenant  Governor  or  Chief  Justice  shall  constitute 
a Court  for  that  purpose,  and  that  their  Judgment  shall  be  final  in  all  Cases 
not  exceeding  the  Value  of  five  hundred  Pounds  Sterling  ; In  which  Cases 
an  Appeal  from  their  Judgment  is  to  be  admitted  to  Us  in  Our  Privy  Coun- 
cil ; 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  Dam- 
ages as  shall  be  awarded  by  Us,  in  case  the  Sentence  be  affirmed  ; Provided 
nevertheless,  where  the  Matter  in  Question  relates  to  the  taking  or  demand- 
ing of  any  Duty  payable  to  Us,  or  to  any  Fee  of  Office,  or  Annual  Rents 
or  other  such  like  Matter  or  Thing,  where  the  Right  in  future  may  be  bound, 
in  all  such  Cases  Appeal  to  Us  in  Our  Privy  Council  is  to  be  admitted,  though 
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 


822 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

by  the  Appellee  to  make  ample  restitution  of  all  that  the  Appellant  shall 
have  lost  by  means  of  such  Decree  or  Judgment,  in  case  upon  the  Deter- 
mination of  such  Appeal  such  Decree  or  Judgment  should  be  reserved,  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  Mis- 
demeanours, Provided  the  Fines  so  imposed  amount  to  or  exceed  the  Sum 
of  One  hundred  Pounds  Sterling,  the  Appellant  first  giving  good  Security 
that  he  will  effectually  prosecute  the  same,  & answer  the  Condemnation,  if 
the  Sentence  by  which  such  Fine  was  imposed  in  Quebec  be  affirmed. 

15.  . . .And  it  is  Our  Will  and  Pleasure  that  you  do,  from  time  to  time 
as  the  Circumstances  and  Condition  of  Affairs  may  require,  with  Our  said 
Council  in  their  Legislative  Capacity  deliberate  upon  and  frame  such 
Ordinances  as  may  be  expedient  for  continuing,  amending  or  enforcing  any 
Ordinances  now  in  force,  or  making  any  further  or  necessary  Changes  and 
regulations  in  the  Courts  of  Judicature  already  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 
these  Our  Instructions. 

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  the  Lords  of  the  Committee  of  Our 
Privy  Council  for  Trade  & Plantations  for  their  Information. 

18.  . . .Whereas  it  is  of  the  greatest  Importance  to  Our  Service  and  to 
the  Welfare  of  Our  Plantations  that  Justice  be  every  where  speedily  and 
duly  administered,  and  that  all  Disorders,  Delays  and  other  undue  Practices 
in  the  Administration  thereof  be  effectually  prevented,  We  do  particularly 
require  you  to  take  especial  Care  that  in  all  Courts  where  you  are  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  Delay  or  Partiality. 

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

20 ...  .Whereas  the  Establishment  of  proper  Regulations  in  Matters 
of  Ecclesiastical  Concern  is  an  Object  of  very  great  Importance,  it  will  be 
your  indispensible  Duty  to  take  care  that  no  Arrangements  in  regard 
thereto  be  made,  but  such  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  remembring  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 


CONSTITUTIONAL  DOCUMENTS 


823 


SESSIONAL  PAPER  No.  18 

the  powers  and  Privileges  of  it  as  an  established  Church,  that  being  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  it’s  due 
Scope  and  Influence  It  is  Our  Will  and  Pleasure 

First.  . . .That  all  Appeals  to,  or  Correspondence  with  any  foreign  Ecclesias- 
tical Jurisdiction,  of  what  Nature  or  kind  soever,  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  indispensibly  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  and 
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 Licence  for  that 
purpose  first  had  and  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  or  enjoy  any  of  the 
rights  or  Profits  belonging  thereto,  who  is  not  a Canadian  by  Birth,  (such 
only  excepted  as  are  now  in  possession  of  any  such  Benefice)  and  who  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 
times  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 


824 


CANADIAN  ARCH1 VES 


6-7  EDWARD  VII.,  A.  1907 

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  Bene- 
fice 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, 
who  are  already  possessed  of,  or  may  hereafter  be  appointed  to  any  Eccles- 
iastical 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  case  of  any  Con- 
viction 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  the  Burial  of  the  Dead  in  the  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  is  used  in  this  King- 
dom, 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  betaken  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  & occupy  their  Houses  of 
Residence  and  all  other  Houses  and  Lands  to  which  they  were  lawfully  entitled 
on  the  13th  of  September  1759  ; and  it  shall  be  lawful  for  those  Societies  to 
fill  up  Vacancies  and  admit  new  Members  according  to  the  Rules  of  their 
Foundations,  and  to  educate  Youth  in  order  to  qualify  them  for  the  Service 
of  Parochial  Cures  as  they  shall  become  vacant.  It  is  nevertheless  Our 
Will  and  Pleasure  that  not  only  those  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  & Regulations  as  you  shall, 
with  the  Advice  and  Consent  of  Our  Council,  think  fit  to  establish  and 
appoint. 


CONSTITUTIONAL  DOCUMENTS 


825 


SESSIONAL  PAPER  No.  18 

Twelfthly. — It  is  also  Our  Will  and  Pleasure  that  all  other  religious  Semin- 
aries 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  or  Politick,  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  & 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  with- 
drawn by  Degrees,  and  at  such  times  and  in  such  manner  as  shall  be  satis- 
factory to  the  said  Indians  and  consistent  with  publick  Safety,  and  Protes- 
tant 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  of  a Will,  from  inveigling  Protes- 
tants to  become  Papists  or  from  tampering  with  them  in  Matters  of  Religion, 
and  that  the  Romish  Priests  be  forbidden  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. 

2 2.... You  are  at  all  times  and  upon  all  Occasions  to  give  every 
Countenance  and  Protection  in  your  Power  to  such  Protestant  Ministers 
and  Schoolmasters  as  are  already  established  within  Our  said  Province,  or 
may  hereafter  be  sent  thither,  to  take  care  that  such  Stipends  and  Allow- 
ances, 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  & orderly  kept,  and,  as  the  Number  of 
Protestants  shall  by  God’s  Blessing  increase,  to  lay  out  new  Parishes  in 
convenient  Situations,  & set  apart  and  appropriate  proper  Districts  of 
Land  therein  for  the  Scite  of  Churches  & Parsonage  Houses  and  for  Glebes 
for  the  Ministers  and  Schoolmasters. 

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


t26 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

24.  . . .You  are  not  to  prefer  any  Protestant  Minister  to  any  Ecclesias- 
tical 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  being  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  Licences  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. 

2 7.. .. And  We  do  further  direct  that  no  Schoolmaster,  who  shall 
arrive  in  Our  said  Province  from  this  Kingdom,  be  henceforward  permitted 
to  keep  School  without  the  Licence  of  the  said  Lord  Bishop  of  London,  and 
that  no  other  Person  now  there  or  that  shall  come  from  other  Parts  shall 
be  admitted  to  keep  School  in  your  Government  without  your  Licence  first 
obtained. 

28.  . . .And  You  are  to  take  especial  Care  that  a Table  of  Marriages 
established  by  the  Canons  of  the  Church  of  England  be  hung  up  in  all 
Places  of  Publick  Worship  according  to  the  Rites  of  the  Church  of  Eng- 
land. 

29.  . . .And  it  is  Our  further  Will  and  Pleasure  that,  in  order  to  suppress 
as  much  as  in  you  lies  every  Species  of  Vice  & Immorality,  you  forthwith 
do  cause  all  Laws  already  made  against  Blasphemy,  Profaneness,  Adultery, 
Fornication,  Polygamy,  Incest,  Profanation  of  the  Lord’s  Day,  Swearing 
& Drunkenness  to  be  vigourously  put  in  Execution  in  every  Part  of  your 
Government,  and  that  you  take  due  Care  for  the  Punishment  of  these  and 
every  other  Vice  and  Immorality  by  Presentment  upon  Oath  to  be  made 
to  the  temporal  Courts  by  the  Church  Wardens  of  the  several  Parishes  at 
proper  Times  of  the  year  to  be  appointed  for  that  purpose,  And  for  the 
further  Discouragement  of  Vice  and  Encouragement  of  Virtue  and  good 
Living  (that  by  such  Examples  the  Infidels  may  be  invited  and  persuaded 
to  embrace  the  Christian  Religion)  you  are  not  to  admit  any  Person  to 
Publick  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  neces- 
sarily calls  forth  your  Attention  to  a Variety  of  new  Matter  and  new  Objects 


CONSTITUTIONAL  DOCUMENTS 


827 


SESSIONAL  PAPER  No.  18 

of  Consideration  : The  Protection  and  Controul  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  Gulf  of  S*  Lawrence  and  on  the  Labrador  Coast  on  the  other  hand 
point  to  Regulations  that  require  Deliberation  and  Dispatch. 

31.  . . .You  are  not  to  allow  any  Settlements  to  be  made  beyond  the 
Boundaries  ascertained  to  the  different  Posts  among  the  Indian  Nations 
within  the  Limits  of  Our  Province  of  Quebec  in  Alliance  with  Us,  as  such 
Settlements  may  tend  to  disgust  those  Savages,  excite  their  Enmity  and 
perhaps  finally  destroy  the  Peltry-Trade  which  ought  to  be  cherished  & 
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  trading  Licences  from  the  Governors  of  any 
of  Our  said  Colonies  under  penalties  to  observe  such  Regulations,  as  shall 
be  made  by  Our  Legislature  of  Quebec  for  that  purpose.  These  regulations 
therefore  when  established  must  be  made  publick  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  which 
may  be  consistent  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  Tarifs  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  will  be  herewith  delivered  to  you,  and  which  will 
serve  as  a Guide  in  a Variety  of  Cases,  where  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  & Security  of  Our  Kingdom  depend. 

34.  . . .Justice  & Equity  demand  that  the  real  and  actual  Property 
& Possession  of  the  Canadian  Subjects  on  that  Coast  should  be  preserved 
entire,  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 

j 

Possessions,  and  more  especially  where  a Valuable  Cod-Fishery  may  be 
carried  on,  it  will  be  your  Duty  to  make  the  Interest  of  Our  British  Subjects 


828 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

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 . . . .Whereas  it  will  be  for  the  general  Benefit  of  Our  Subjects  carrying 
on  the  Fishery  in  the  Bay  of  Chaleur  in  Our  Province  of  Quebec  that  such 
Part  of  the  Beach  & Shore  of  the  said  Bay  as  is  ungranted  should  be  reserved 
to  Us,  Our  Heirs  & Successors,  It  is  therefore  Our  Will  and  Pleasure  that 
you  do  not  in  future  direct  any  Survey  to  be  made  or  Grant  to  be  passed 
for  any  Part  of  the  ungranted  Beach  or  Shore  of  the  said  Bay  of  Chaleur, 
except  such  Parts  thereof  as  by  Our  Orders  in  Council  dated  the  29th 
of  June  and  21st  of  July  last  are  directed  to  be  granted  to  John  Shoolbred  of 
London,  Merchant,  and  to  Mess”.  Robin  Pipon  and  C°  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  ascer- 
tained by  you  and  Our  Council  for  Our  said  Province  of  Quebec  in  such 
manner  as  from  the  most  authentick  Information  shall  appear  to  you  & 
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-Land  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  & employ  any  Part  of  the  said  Beach  or  Shore  and  Wood-Land 
so  allotted  to  him,  You  or  any  Person  authorized  by  you  as  above  may  & 
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 
from  time  to  time  as  to  you  shall  appear  necessary  to  answer  those  salutary 
Purposes  and  that  you  transmit  the  same  to  Us  thro’  One  of  Our  principal 
Secretaries  of  State  for  Our  Pleasure  therein  by  the  first  Opportunity. 


CONSTITUTIONAL  DOCUMENTS 


829 


SESSIONAL  PAPER  No.  18 

38.. .. 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  the  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  have  already  under  Our  protection 
and  with  Our  permission  formed  Establishments  in  the  Northern  Parts  of 
that  Coast  for  the  purpose  of  civilizing  the  Nations  and  converting  them 
to  the  Christian  Religion.  Their  Success  had  been  answerable  to  their 
Zeal,  and  It  is  Our  express  Will  and  Pleasure  that  you  do  give  them  every 
Countenance  & 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. 

39 .. .  . By  Our  Commission  to  you  under  Our  Great  Seal  of  Great 
Britain  you  are  authorized  & impowered  with  the  Advice  and  Consent  of 
Our  Council  to  settle  & 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  practised 
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  a due 
Registry  thereof  within  a limited  time,  in  like  manner  as  was  practised  in 
regard  to  Grants  and  Concessions  held  in  Fief  or  Seigneurie  under  the 
French  Government. 

40.  . . .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  desirousi  to  encourage  Our  said  Loyal  Subjects  in  such  their 
Intentions  and  to  testify  Our  Approbation  of  their  Loyalty  to  Us  and 
Obedience  to  Our  Government  by  allotting  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  have  been  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  these  Our  Instructions 
you  do  direct  Our  Surveyor-General  of  Lands  for  Our  said  Province  of 
Quebec  to  admeasure  and  lay  out  such  a Quantity  of  Land  as  you,  with  the 
Advice  of  Our  Council,  shall  deem  necessary  and  convenient  for  the  settle- 
ment of  Our  said  Loyal  Subjects,  and  the  Non-Commissioned  Officers  and 
Private  Men  of  Our  Forces  which  may  have  been  reduced  in  Our  said  pro- 


830 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

vince,  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  and  practicable,  and  in  each  Seigneurie  a Glebe  to 
be  reserved  & laid  out  in  the  most  convenient  Spot,  to  contain  not  less  than 
300,  nor  more  than  500  Acres  ; The  Property  of  which  Seigneuries  or  Fiefs 
shall  be  and  remain  vested  in  Us,  Our  Heirs  & 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  and  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  Families  fifty  Acres. 

The  said  Lands  to  be  held  under  Us,  Our  Heirs  and  Successors,  Seigneurs 
of  the  Seigneurie  or  Fief  in  which  the  same  shall  be  situated,  upon  the  same 
Terms,  Acknowledgements  & 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  per  Acre. 

41.  . . .And  whereas  upon  the  raising  and  establishing  the  Corps  late 
the  84th  Regiment  of  Foot,  \Ye  did  promise  and  declare  that  -the  Officers 
and  Privates  of  the  said  Corps  should  when  reduced  be  intitled  to  and 
receive  Grants  for  certain  allotments  of  Lands  in  proportion  to  their  res- 
pective Ranks  therein,  It  is  Our  Will  and  Pleasure  that  you  do  in  manner 
as  herein  before  directed  Grant  Warrants  of  Allotment  and  Survey  to  such 
of  the  Officers  and  privates  of  the  said  late  Eighty  fourth  Regiment  of  Foot 
now  reduced,  who  shall  be  willing  to  settle  and  become  Inhabitants  of  Our 
said  Province  of  Quebec,  and  shall  apply  for  the  same  for  such  Quantities  of 
Land  as  they  shall  be  respectively  intitled  to,  In  consequence  of  our  said 
promise  and  declaration  contained  in  Our  Instructions  to  Our  Governors  of 
New  York  and  North  Carolina  dated  the  3d  April  1775  that  is  to  say, 

To  Field  Officers  5000  Acres 
Captains  3000 

Subalterns  2000 

Non  Commission  Officer  200 

Privates  - 50 

and  that  the  Surveys  be  made  and  Grants  for  the  same  delivered  free  of 
Expence  as  herein  before  directed,  Provided  nevertheless  that  every  Com- 
missioned and  Non  Commissioned  Officer  or  private  belonging  to  the  said 


CONSTITUTIONAL  DOCUMENTS 


831 


SESSIONAL  PAPER  No.  18 

late  84th  Regiment  of  Foot,  who  shall  claim  and  apply  for  Land  in  Our  Pro- 
vince of  Quebec  as  aforesaid,  shall  declare  upon  Oath,  that  no  Land  has  been 
obtained  by  him  in  any  of  our  other  Provinces  in  America  under  Our  Royal 
declaration  as  aforesaid. 

42.  . . .It  is  Our  further  Will  and  Pleasure,  that  every  Person  within 
the  meaning  of  these  Our  Instructions  upon  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*.)  “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,  Mar- 
riage or  otherwise  howsoever,  and  upon  refusal  the  Lands  to  become  re- 
vested 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  Coun- 
cil, 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  these 
Our  Instructions. 

43.  . . .And  whereas  we  have  some  time  since  purchased  the  Seigneurie 
of  Sorel  from  the  then  Proprietors,  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  accom- 
modated 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  into  small  Allotments,  and  that  you  do  allot  the  same  to  such 
of  the  Non-Commissioned  Officers  and  private  Men  of  Our  Forces  who 
may  have  been  reduced  in  Our  said  Province,  or  to  such  other  of  Our  Loyal 
Subjects  as  may  be  inclined  to  settle  and  improve  the  same,  in  such  Pro- 
portions as  you  may  judge  most  conducive  to  their  Interest  and  the  more 
speedy  Settlement  of  Our  said  Seigneurie.  The  Lards  so  allotted  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  Seigneuries  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 


832 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

said  Allotments  and  of  Admission  thereunto  be  also  paid  and  defrayed  in 
like  manner  as  those  in  the  Seigneuries  directed  to  be  laid  out  by  these  Our 
Instructions.  It  is  nevertheless  Our  Will  and  Pleasure  that  the  Allotments 
to  be  made  of  such  of  Our  Loyal  Subjects  from  the  Provinces  or  Colonies 
now  the  United  States  of  America,  as  may  be  disposed  to  settle  and  improve 
Lands  in  Our  said  Province  of  Quebec,  shall  be  limited  to  those  only  who 
may  have  withdrawn  themselves  from  the  said  Provinces  or  Colonies  after 
the  signing  of  the  definitive  Treaty  of  Peace  with  the  said  United  States, 
& no  other. 

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  by  Virtue  of  these  Our  Instructions  with  respect  to  Our  Loving  Subjects 
retiring  from  the  Provinces  & Colonies,  now  the  United  States  of  America, 
and  to  Our  Forces  disbanded  as  aforesaid,  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  Secretaries  of  State,  & also  a Duplicate 
thereof  to  Our  High  Treasurer  or  the  Commissioners  of  Our  Treasury  for 
the  time  being. 

44.  . . .It  is  Our  Will  and  Pleasure  however  that  no  Grants  or  Allot- 
ments 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  to  be  made  and  Penalties  inflicted  to 
prevent  Trespasses  on  such  Tracts  and  the  cutting  down  or  destroying 
of  the  Trees  growing  thereon. 

45.  . . .And  Whereas  it  appears,  from  the  Representations  of  Our  late 
Governor  of  the  District  of  Trois  Rivieres,  that  the  Iron  Works  at  S* 
Maurice  in  that  District  are  of  great  Consequence  to  Our  Service,  It  is  there- 
fore 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  & convenient  for  that 
Establishment  either  in  respect  to  a free  Passage  to  the  River  S1  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  & lying  round 
the  said  Iron  Works,  over  & 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. 

46.  . . .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  effect- 
ually checked  and  controlled — And  if  it  shall  appear  necessary  to  pass  an 
Ordinance  for  the  more  effectually  ascertaining,  and  the  more  speedily  and 
regularly  collecting  Our  Quit  Rents,  you  are  to  prepare  the  Heads  of  such 


CONSTITUTIONAL  DOCUMENTS 


833 


SESSIONAL  PAPER  No.  18 

a Bill  as  you  shall  think  may  most  effectually  conduce  to  the  procuring  of 
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  the  Lords  of  the  Committee  of 
Our  Privy  Council  for  Trade  and  Plantations  for  their  Information. 

47.  . . .You  are  to  use  your  best  Endeavours  in  improving  the  Trade  of 
the  Province  under  your  Government  by  settling  such  Orders  & 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  on  any  pretence  whatever,  upon  pain  of  Our  highest  Dis- 
pleasure, give  your  Assent  to  any  Law  or  Laws  for  setting  up  any  Manu- 
factures and  carrying  on  any  Trades  which  are  hurtful  & prejudicial  to 
this  Kingdom,  and  that  you  do  use  your  utmost  Endeavours  to  discourage 
discountenance  & restrain  any  Attempts  which  may  be  made  to  set  up  such 
Manufactures  or  establish  any  such  Trades. 

48.  . . .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 
has  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  & 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  of. 

49.... 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 

Governor  there  is  impowered,  together  with  others  therein  mentioned,  to 
proceed  accordingly  in  reference  to  Our  Will  and 

Pleasure  is  that  you  do  use  your  best  Endeavours  to  apprehend  all  Persons 
whatever,  who  may  have  been  guilty  of  Piracy  within  your  Government,  or 
who  having  committed  such  Crimes  at  other  Places  may  come  within  your 
Jurisdiction,  and  until  We  shall  think  proper  to  direct  the  like  Commission 
to  be  established  for  Our  Government  of  Quebec,  you  are  to  send  such 
Pirates  with  what  Proofs  of  their  Guilt  you  can  procure  or  collect  to  Our 
Governor  of  to  be  tried  and  punished  under  the 

Authority  of  the  Commission  established  for  those  Parts. 

50.  . . .And  whereas  you  will  receive  from  Our  Commissioners  for  exe- 
cuting the  Office  of  High  Admiral  of  Great  Britain  & 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. 


834 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

5 1 .. ..  Whereas  great  Inconveniences  have  happened  heretofore  by 
Merchant-Ships  and  other  Vessels  in  the  Plantations  wearing  the  Colours 
borne  by  Our  Ships  of  War  under  pretence  of  Commissions  granted  to  them 
by  the  Governors  of  the  said  Plantations,  And  by  trading  under  those 
Colours,  not  only  among  Our  own  Subjects,  but  also  those  of  other  Princes 
and  States,  and  committing  divers  Irregularities,  they  may  very  much 
dishonour  Our  Sendee  ; For  the  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  in  Council  of 
the  7th  Jany.  1730  in  relation  to  Colours  to  be  worn  by  all  Ships  & Vessels, 
except  Our  Ships  of  War. 

52.  . . .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  & 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  whatever  without  Our 
special  Command. 

53 .. .  .Whereas  We  have  been  informed  that  during  the  time  of 
War  Our  Enemies  have  frequently  got  Intelligence  of  the  State  of  Our 
Plantations  by  Letters  from  private  Persons  to  their  Correspondents  in 
Great  Britain  taken  on  board  Ships  coming  from  the  Plantations,  which  has 
been  of  dangerous  Consequence,  Our  Will  and  Pleasure  therefore  is  that 
you  signify  to  all  Merchants,  Planters  and  others,  that  they  be  very,  cautious 
in  time  of  War,  whenever  that  shall  happen,  in  giving  any  Accounts  by 
Letters  of  the  Publick  State  and  Condition  of  the  Province  under  your 
Government  ; And  you  are  forthwith  to  give  Directions  to  all  Masters  of 
Ships  or  other  persons  to  whom  you  may  intrust  your  Letters  that  they  put 
such  Letters  into  a Bag  with  a sufficient  Weight  to  sink  the  same  immedi- 
ately, 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  the  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. 

54.  . . .And  whereas  the  Merchants  and  Planters  in  Our  Plantations 
in  America  have  in  time  of  War  corresponded  & traded  with  Our  Enemies 
and  carried  Intelligence  to  them  to  the  great  Prejudice  & Hazard  of  Our 
said  Plantations,  you  are  therefore  by  all  possible  Methods  to  endeavour 
to  hinder  such  Trade  & Correspondence  in  Time  of  War. 

55.  .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  & Forti- 
fications 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 


CONSTITUTIONAL  DOCUMENTS 


835 


SESSIONAL  PAPER  No.  18 

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 
& other  Stores  of  War  belonging  to  the  said  Province  either  in  publick 
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  the  Lords  of  the  Committee  of  Our  Privy  Council  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  all  other  Sorts  of  Arms  & Ammunition  in  Our  publick  Stores, 
and  so  from  time  to  time  of  what  shall  be  sent  to  you  or  bought  with  the 
publick  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  & Warlike  Stores  specified  in  the  manner  above- 
mentioned. 

56.  . . .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  & Safety  of  Our  Province  under 
your  Government  can  spare. 

57 ....  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  the  Lords  of  the  Committee  of  Our  Privy  Council 
for  Trade  and  Plantations  for  their  Information. 

58.  . . .And  whereas  We  have  by  the  first  Article  of  these  Our  Instruct- 
ions 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  publick  Affairs, 
and  thereby  the  better  to  take  care  that  the  Government  be  so  adminis- 
tered that  no  disorderly  practice  may  grow  up  contrary  to  Our  Service 
and  the  Welfare  of  Our  Subjects. 

59.  . . .And  whereas  great  Prejudice  may  happen  to  Our  Service  & the 
Security  of  the  Province  by  your  Absence  from  those  Parts,  You  are  not 
upon  any  Pretence  whatever  to  come  into  Europe  without  having  first 
obtained  Leave  for  so  doing  from  Us  under  Our  Sign  Manual  & Signet, 
or  by  Our  Order  in  Our  Privy  Council,  Yet  nevertheless  in  Case  of  Sickness 
you  may  go  to  any  of  Our  Islands  in  the  West  Indies  including  therein  the 


836 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

Bermuda  and  Bahama  Islands,  and  there  stay  such  a space  of  time,  as  the 
recovery  of  your  Health  may  absolutely  require. 

60.  . . .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,  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  Govern- 
ment 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. 

61 . . . .And  whereas  We  are  desirous  that  a proper  Provision  should  be 
made  for  the  Support  of  Our  Government  within  Our  said  Province  of  Que- 
bec, We  do  therefore  hereby  declare  it  to  be  Our  Royal  Intention,  that  the 
following  Annual  Salaries  & Allowances  be  discharged  & paid  out  of  any 
Revenues  arising  to  Us  within  the  same,  or  out  of  such  Monies  as  shall  be 
granted  or  appropriated  to  the  Uses  and  Sendees  of  Our  said  Province 
of  Quebec,  that  is  to  say,1 


To  the  Governor  pr  Annum 

Lieut  Governor 

To  the  Chief  Justice 

To  6 Judges  of  Common  Pleas  £500  each 

To  the  Judge  of  the  Admiralty 

To  the  Attorney  General 

To  the  Clerk  of  the  Crown  & Pleas 

To  two  Sheriffs  at  £100  each 

To  the  Secretary'  & Register 

To  the  Clerk  of  the  Council 

To  the  Surveyor  of  Lands 

To  the  Surveyor  of  Woods 

To  the  Commissary  for  Indians 

To  the  Captain  of  the  Port 

To  the  Naval  Officer 

To  the  Receiver  General  of  the  Revenues 

To  twenty  three  Councillors  at  £100  each 

To  the  Lieutenant  Governors  or  Superintendants 

at  Detroit 

J3 

o 


© 

© 


£2000  “ “ 
1500  “ ‘ 

1200  “ “ 
3000  “ “ 

200  “ “ 
300  “ “ 

100  “ ‘ 
200  “ “ 
400  “ “ 

100  “ “ 
300  “ “ 

200  “ “ 
300  “ “ 

100  “ “ 
100  “ • 
400  “ * 


500  “ * 


GJ  t 

To  one  Judge  of  the  Inferior  Courts  of  King’s  Bench  and  Common  Pleas 

at  each  of  the  above  Posts,  at  £100  each  Judge 

To  an  Assistant  cr  Assessor  at  each  Post,  at  £50  pr  Ann: 

To  a Sheriff  for  each  District  at  £20  pr  Annum 


1 On  comparing  this  list  with  the  one  given  in  the  Instructions  of  1775,  (see  p.  432),  it  will  be 
found  that  several  changes  have  been  made,  but  without  much  alteration  in  the  salaries.  In  the 
case  of  the  Lt.  Governors  or  Superintendents  of  the  western  Posts,  though  the  Posts  mentioned 
in  the  Instructions  of  1775  were  nearly  all  within  the  territory  ceded  to  the  United  States  by  the 
treaty  of  1783,  yet  as  they  had  not  been  given  up,  these  positions  were  still  to  be  filled.  The  names 
of  the  Posts,  with  the  Exception  of  Detroit,  are  left  blank. 


CONSTITUTIONAL  DOCUMENTS  837 


SESSIONAL  PAPER  No.  18 

To  a Grand  Voyer £200  “ “ 

To  a French  Secretary 200  “ “ 

To  4 Ministers  of  the  Protestant  Church  at  £200  pr  Ann:  each 800  “ “ 

To  2 Ministers  of  the  Church  of  England  settled  at  Sorel  and  Cataraqui 

£100  each 200  “ “ 

To  2 Schoolmasters  at  £100  each 200  “ “ 

To  an  Allowance  to  the  Persons  licensed  to  superintend  the  Romish 

Church 200  “ “ 

To  Pensions  to  the  Officers  of  a Corps  of  Canadians  employed  in  the  last 
War  and  discharged  without  any  Allowance,  as  follows,  Viz4: 

To  Monsr  Rigauville  the  Commandant  of  said  Corps 200  “ “ 

To  5 Captains  at  £100  each 500  “ “ 

To  10  Lieutenants  at  £50  each 500  “ “ 

To  the  Commandant  of  the  Savages 100  “ “ 

To  Annual  Contingent  Expences 1000  “ “ 


£ 

62.  . . .And  whereas  We  have  made  sufficient  Provision  for  the  Support 
of  Our  Lieutenant  Governor  of  Our  said  Province  of  Quebec  for  the  time 
being  by  the  Allowance  inserted  in  the  foregoing  Estimate,  It  is  Our  Will 
and  Pleasure,  when  it  shall  happen  that  you  shall  be  absent  from  Our  said 
Province,  that  no  Part  of  the  Salary  or  any  Perquisites  and  Emoluments, 
which  are  due  unto  you,  shall  during  the  Time  of  your  Absence  be  claimed 
by,  or  paid  and  satisfied  to  such  Lieutenant  Governor  : And  it  is  Our 
further  Will  and  Pleasure  that  if  Our  Lieutenant  Governor  of  the  said 
Province  of  Quebec  should  happen  to  die  during  such  your  Absence,  and 
the  Administration  of  the  Government  thereby  devolve  on  the  President 
or  Eldest  Member  of  Our  Council,  such  President  or  Councillor  shall, 
during  his  continuing  in  the  Chief  Command,  receive  the  Salary  or  Allow- 
ance hereby  provided  for  Our  Lieutenant  Governor,  and  no  other  allowance, 
Perquisite,  or  Emolument  whatever. 

G.  R. 

Endorsed  : 1786  Quebec 

Draught  of  General  Instructions. 

[L.S.] 

George  R. 

Additional  Instruction1  to  Our  Right  Trusty  & Welbeloved  Guy 
Lord  Dorchester  Knight  of  the  most  Honorable  Order  of  the 
Bath,  Our  Captain  General  and  Governor  in  Chief  in  and 
over  Our  Province  of  Quebec  &ca.  &ca.  in  America  or  to  the 
Lieutenant  Governor  or  Commander  in  Chief  of  Our  said 
Province  for  the  Time  being.  Given  at  Our  Court  at  S* 
James’s  the  Twenty  first  Day  of  March  1787.  In  the  Twenty 
Seventh  Year  of  Our  Reign. 

Whereas  We  did  by  Our  General  Instructions  to  you  bearing  Date  at 
S*  James’s  the  Twenty  third  Day  of  August  1786  declare  Our  Royal  Will 
and  Pleasure  that  sundry  Salaries  and  Allowances  therein  mentioned  should 
be  discharged  and  paid  out  of  any  Revenues  arising  to  Us  within  Our  said 
Province  of  Quebec  or  out  of  such  Monies  as  should  be  granted  or  appropri- 


00  ^ 


o O 

oSSs 
uS  5 


1 Canadian  Archives,  Q.  26B  formerly  M 230,  p.  280. 


838 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 


ated  to  the  Uses  and  Services  of  Our  said  Province  ; And  whereas  We 
thought  fit,  by  Our  Warrant  under  Our  Signet  and  Sign  Manual  bearing 
date  the  Sixteenth  day  of  March  1781,  to  authorize  and  require  Our  Trusty 
and  Welbeloved  Frederick  Haldimand  Esqr  (now  Sir  Frederick  Haldimand 
Knight  of  the  most  Honorable  Order  of  the  Bath)  at  that  Time  Our  Captain 
General  and  Governor  in  Chief  in  and  over  Our  Province  of  Quebec,  to 
cause  Letters  Patent  to  be  passed  under  the  Seal  of  Our  said  Province, 
constituting  and  appointing  Our  Trusty  and  Welbeloved  William  Pollock 
Esqr  Clerk  of  the  Crown  of  & in  Our  said  Province  in  the  Room  of  William 
Gordon  Esqr  deceased — And  whereas  the  said  William  Gordon  did  over  and 
above  the  Salary  of  One  Hundred  Pounds  p Annum,  as  directed  by  the 
56th  Article  of  Our  Instructions  to  Our  aforesaid  Captain  General  and 
Governor  in  Chief  to  be  paid  to  the  Clerk  of  the  Crown,  receive  and  enjoy 
the  further  Sum  of  Two  Hundred  Pounds  per  Annum,  and  which  said 
additional  Allowance  the  said  William  Pollock  hath  also  received  from  the 
Date  of  his  Appointment  to  the  said  Office  of  Clerk  of  the  Crown  of  Our  said 
Province  of  Quebec,  untill  the  last  usual  half  yearly  Period  of  Payment, 
Viz1,  the  first  day  of  November  last. — And  Whereas  it  is  Our  Intention  that 
the  said  additional  Allowance  should  be  continued  unto  him  for  certain 
good  Causes  and  Considerations.  It  is  Our  Will  and  Pleasure  and  We  do 
hereby  direct  and  appoint  that  the  said  Salary  and  Allowance  of  two 
hundred  Pounds  per  Annum,  in  Addition  to  the  One  Hundred  Pounds  p 
Annum,  which  we  have  directed  to  be  paid  to  him  as  Clerk  of  the  Crown  by 
the  Sixty  first  Article  of  Our  General  Instructions  to  you,  should  be  paid  to 
him  untill  such  Time  as  Our  further  Royal  Will  and  Pleasure  shall  be  signified 
to  you. 

G.  R. 


George  R. 
[L.S.] 


3 O 


Instructions1  to  Our  Right  Trusty  and  Welbeloved  Guy  Lord 
Dorchester,  Knight  of  the  most  Honorable  Order  of  the  Bath, 
Our  Captain  General  and  Governor  in  Chief  in  and  over  Our 
Province  of  Quebec  in  America,  and  of  all  Our  Territories 
dependent  thereupon.  Given  at  Our  Court  of  Saint  James’s 
the  25th  day  of  August  1787  in  the  twenty  seventh  Year  of 
Our  R.eign. 


Whereas  We  have  thought  proper  by  Our  Commission  under  the  Great 
Seal  of  Great  Britain  to  appoint  the  Right  Reverend  Father  in  God  Charles 
Inglis  Doctor  in  Divinity,  to  be  Bishop  of  the  Province  of  Nova  Scotia, 
and  have  thereby  given  to  him,  and  his  Successors  in  the  said  See,  Juris- 
diction Spiritual,  and  Ecclesiastical,  in  and  throughout  the  said  Province 
of  Nova  Scotia  and  it’s  Dependencies,  according  to  the  Laws  and  Canons 


1 Canadian  Archives,  Q.  26B  formerly  M 230,  p.  282. 


CONSTITUTIONAL  DOCUMENTS 


839 


SESSIONAL  PAPER  No.  18 

of  the  Church  of  England  which  are  lawfully  made  and  received  in  England, 
in  the  several  causes  and  matters  particularly  expressed  and  set  forth  in  the 
said  Commission,  and  no  other:  And  Whereas  by  another  Commission  under 
the  Great  Seal  of  Great  Britain,  we  have  also  thought  proper  to  give  and  grant 
to  the  said  Bishop  of  Nova  Scotia,  full  Power  and  Authority,  by  himself 
or  his  sufficient  Commissary  or  Commissaries,  to  Exercise  the  like  Spiritual 
and  Ecclesiastical  Jurisdiction,  within  the  Provinces  of  Quebec,  of  New 
Brunswick,  and  the  Island  of  Newfoundland  as  is  set  forth  in  the  said 
Commission.  We  do  think  fit  hereby  to  Order  and  enjoin  you,  that  you  do 
give  all  fit  support  and  Countenance  to  the  said  Bishop,  in  the  exercise  of 
his  Jurisdiction  Spiritual  and  Ecclesiastical,  according  to  the  Laws  of  this 
Realm,  and  the  Laws  of  the  Provinces  under  your  Government,  and  to  the 
Tenor  of  the  said  Commissions  Copies  whereof  are  hereunto  annexed  : 
and  it  is  Our  further  Will  and  Pleasure  that  you  do  cause  the  said  Com- 
missions to  be  forthwith  Registered  in  the  Publick  Records  of  the  said 
Provinces  : It  is  nevertheless  Our  Will  and  Pleasure  to  reserve  to  you,  the 
granting  of  Licenses  for  Marriages,  Letters  of  Administration,  and  Probates 
of  Wills,  as  heretofore  exercised  by  you  and  your  Predecessors;  and  also 
to  reserve  to  you  and  to  all  others,  to  whom  it  may  lawfully  belong,  the 
Patronage  and  Right  of  Presentation  to  Benefices  ; but  it  is  Our  Will  and 
Pleasure  that  the  Person  so  presented  shall  be  instituted  by  the  Bishop 
or  his  Commissary  duly  authorized  by  him,  as  directed  by  Our  said  Com- 
missions. 

You  are  to  permit  Liberty  of  Conscience  and  the  free  Exercise  of  all 
such  Modes  of  Religious  Worship,  as  are  not  prohibited  by  Law,  to  all 
Persons  who  inhabit  and  frequent  the  Provinces  under  your  Government, 
provided  they  be  contented  with  a quiet  and  peaceable  enjoyment  of  the 
same,  without  giving  Offence  or  Scandal  to  Government. 

You  are  to  take  especial  Care  that  God  Almighty  be  devoutly  and  duly 
served  throughout  your  Government  ; that  the  Lord’s  Day  be  duly  kept, 
and  that  the  Services  and  Prayers  appointed  by,  and  according  to  the  Book 
of  Common  Prayer,  be  publickly  and  solemnly  read  and  performed  through- 
out the  Year. 

You  are  to  be  careful  that  the  Churches  which  are  or  may  be  hereafter 
erected  in  Our  said  Provinces  or  Islands  under  your  Government,  be  well 
and  orderly  kept,  and  that  besides  a competent  Maintenance  to  be  assigned 
to  the  Minister  of  each  Parish  Church,  a Convenient  House  be  built  at  the 
Common  Charge  for  each  Minister. 

You  shall  recommend  to  the  Legislative  Council  and  General  Assem- 
blies, of  the  Provinces  under  your  Government,  to  settle  the  Limits  of 
Parishes,  in  such  a manner  as  shall  be  deemed  most  convenient  for  accom- 
plishing this  good  Work. 

You  are  to  use  your  best  Endeavours  that  every  Minister  be  constituted 
one  of  the  Vestry  in  his  Respective  Parish,  and  that  no  Vestry  be  held 


9 


840 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

without  him,  except  in  Case  of  Sickness,  or  that  after  Notice  given  of  a 
Vestry  he  omit  to  come. 

It  is  Our  Will  and  Pleasure  that  you  recommend  to  the  Legislative 
Council  or  Assemblies,  within  your  Government,  to  make  due  Provision 
for  the  erecting  and  Maintaining  of  Schools,  where  Youth  may  be  educated 
in  Competent  Learning,  and  in  Knowledge  of  the  Principles  of  the  Christian 
Religion. 

And  it  is  Our  further  Will  and  Pleasure  that  no  Person  shall  be  allowed 
to  keep  a School  in  the  Provinces  under  your  Government,  without  your 
License  first  had  and  obtained  : In  granting  which  you  are  to  pay  the  most 
particular  attention,  to  the  Morals  and  proper  Qualifications  of  the  Persons 
applying  for  the  same,  and  in  all  Cases  where  the  School  has  been  founded, 
instituted  or  appointed  for  the  Education  of  Members  of  the  Church  of 
England,  or  where  it  is  intended,  that  the  Schoolmaster  should  be  a Member 
of  the  Church  of  England  ; you  are  not  to  grant  such  Licenses  except  to 
Persons,  who  shall  first  have  obtained  from  the  Bishop  of  Nova  Scotia,  or 
one  of  his  Commissaries,  a Certificate  of  their  being  properly  qualified  for 
that  Purpose. 

And  it  is  Our  further  Will  and  Pleasure  that  in  Order  to  suppress  every 
Species  of  Vice,  Profaneness  and  Immorality,  you  do  forthwith  cause  all 
Laws  already  made  against  Blasphemy,  Profaneness,  Adultery,  Fornication, 
Polygamy,  Incest,  Profanation  of  the  Lord’s  day,  Swearing  and  Drunken- 
ness, to  be  strictly  put  in  Execution  in  every  Part  of  the  Provinces  under 
Your  Government  and  that  for  this  purpose  you  do  direct  that  the  Con- 
stables and  Church  Wardens  of  the  several  Parishes  do  make  presentment 
upon  Oath,  of  any  of  the  Vices  before  mentioned,  to  the  Justices  of  the 
Peace  in  their  Session,  or  to  any  of  the  other  Temporal  Courts  : And  you 
are  earnestly  to  recommend  to  the  Legislative  Council  or  Assemblies  of  the 
Provinces  under  your  Government,  to  provide  effectual  Laws  for  the 
Restraint  and  Punishment  of  all  such  of  the  aforementioned  Vices,  against 
which  no  laws  are  as  yet  provided,  or  in  Cases  where  the  Laws  already 
made,  are  found  to  be  insufficient  And  in  order  to  discountenance  Vice  and 
promote  the  practice  of  Virtue  to  the  utmost  of  your  Power,  we  do  hereby 
strictly  command  and  enjoin  you,  to  appoint  no  Person  to  be  a Justice  of 
the  Peace,  or  to  any  Publick  Trust  or  Employment,  whose  notorious  ill 
* Life  or  Conversation  mav  occasion  Scandal. 

G R— 


Endorsed  : Instructions  For  Lord  Dorchester  Governor  of  Quebec 

Dated  25th  August  1787. 


CONSTITUTIONAL  DOCUMENTS 


841 


SESSIONAL  PAPER  No.  18 

CHIEF  JUSTICE  SMITH  TO  NEPEAN.1 

Quebec  2d  Jany  1787. 

Dear  Sir, 

I avail  myself  of  the  Return  of  an  Express  from  New  Brunswick,  for 
a Line  that  may  arrive  from  St.  John’s  or  Hallifax,  before  the  February 
mail  from  New  York  ; wishing  you  to  be  authentically  informed,  and  the 
Government  thro’  you,  as  soon  as  possible,  of  an  Event  of  no  small  conse- 
quence to  the  public  Welfare. 

The  first  cause  I found  in  the  Court  of  Appeals,  raised  the  important 
Question,  whether  a subject  of  Controversy,  in  which  the  Parties  were 
English,  as  well  as  all  that  are  interested  under  them,  and  no  Canadian 
concerned  in  the  remotest  Degree,  called  for  a Decision  by  the  English  or 
French  Law?  We  reversed  the  Judgment  of  the  Common  Pleas,  which 
had  in  the  most  express  Terms,  held  the  Doctrine,  that  the  Quebec  Act 
brought  every  Dispute  of  Property  without  any  exception,  to  the  Test  of 
the  old  Laws  of  the  Colony  prior  to  the  Conquest. 

The  opinion  of  the  Common  Pleas,  had  alarmed  or  disgusted  all  the 
English  Inhabitants,  And  Appearing  to  me  to  be  inauspicious  to  the  Com- 
merce, Population  and  strength  of  the  Colony,  and  as  ill  founded  as  it  was 
Dangerous,  I did  not  meerly  consent  to  the  Reversal,  but  took  up  some 
time  in  shewing,  that  in  a case  in  which  to  do  Justice,  Resort  must  be  had 
to  the  French  Code,  that  Law  gave  the  Rule,  and  that  the  Action  and  the 
Proceedings  in  it,  ought  to  be  in  strict  conformity  to  the  Quebec  Act  and 
the  Provincial  Ordinances  ; and  where  these  were  silent,  to  the  French  forms 
of  Practice,  as  far  as  the  Modes  materially  influenced  the  object  and  end 
of  the  Suit.  And  on  the  other  hand,  that  where  the  Cause  was  as  purely 
English  as  the  other  was  French,  and  Justice  required  a Reference  to  the 
English  Law,  this  Law  was  the  Test  ; and  that  if  the  same  Statute  and  the 
Ordinances,  did  not  authorize  or  justify  a Deviation,  the  Practice  of  the 
Courts  in  England,  directed  the  main  Progress  and  conduct  of  the  Suit. 

Upon  the  Ground  of  these  Discriminations,  I saw  Safety,  both  to  the 
Canadian  and  the  British  ; and  to  both  Ruin,  by  an  exclusive  adoption  of 
either  System,  for  by  the  daily  Interchange  of  Property,  and  especially 
in  the  fifteen  years  antecedent  to  the  Quebec  Act,  the  Inhabitants  became 
Fountains  of  Title  to  each  other — And  as  to  the  manner  of  conducting  the 
Suit,  it  seemed  fit  that  as  the  shadow,  tho’  he  is  a bad  Lawyer  that  Supposes 
it  to  be  no  more,  it  should  follow  the  substance,  the  French  Practice,  if 
the  cause  was  that  the  Quebec  Act  makes  a Canadian  Cause,  and  the 
English,  where  it  was  not  by  that  Act  made  a French  one. 

To  clear  these  Points,  I reasoned  upon  the  origin  of  the  Statute,  and  its 
Recognition  of  two  classes  of  Subjects,  and  upon  the  Fabric  of  Government 

1 Canadian  Archives,  Q 27 — 1,  p.  18.  Wm.  Smith,  formerly  Chief  Justice  in  the  Province 
of  New  York,  came  out  with  Lord  Dorchester  as  the  new  Chief  Justice  of  Quebec  Province.  He 
exercised  an  important  influence  in  bringing  about  a change  in  the  form  of  government. 


842 


CANADIAN  ARCHIVES 


6-7  EDWARD  VII.,  A.  1907 

erected  by  the  Executive  under  it.  I gave  some  scope  to  the  Argument  ab 
inconvenienti,  in  stating  the  consequences  of  the  contrary  opinion,  as 
injurious  to  the  National  Sovereignty,  and  the  general  commerce,  and 
tending  not  only  to  shake  the  Foundations  of  every  man’s  estate,  but  by 
preventing  British  Accessions  to  the  Country,  and  driving  out  of  it  the 
Thousands  of  Loyalists  that  have  already  taken  refuge  here,  it  would  be 
reduced  to  a state  of  Debility,  exposing  it  to  the  first  Power,  that  might 
think  it  worth  the  trouble  of  an  Invasion. 

The  Doctrine  of  the  Common  Pleas,  I find  is  as  novel  as  it  is  mischievous. 
It  had  been  never  before  solemnly  avowed — Their  Judgment  passed  14th 
Jany.  1786.  L*  Governor  Hope,  a few  days  after,  granted  the  Writ  of 
Appeal,  returnable  on  the  6th  of  March,  and  it  remained  suspended  at  the 
Time  of  our  arrival.  I don’t  recollect  that  any  of  the  invective  Pamphlets, 
against  the  Statute,  and  the  administration  that  promoted  it,  tho’  very 
free  against  its  creating  a dependant  Legislature  without  an  Assembly,  & 
its  Indulgence  to  the  Catholics,  ever  made  it  a charge,  that  it  subjected 
English  Property,  wholly  and  without  any  exception  to  the  civil  Juris- 
prudence of  France.1  Had  it  been  so  understood  the  Commerce  of  the 
Colony  must  have  been  extinguished. — There  were  not  wanting  Mal- 
contents, both  in  the  old  Provinces  and  the  Mother  Country,  to  teach  the 
Merchants  that  no  Contract  of  Confidence  here  could  be  safe,  without  the 
previous  Counsel  of  a French  Advocate,  for  inflaming  the  Discontents  of 
the  Day.  The  Ideas  of  the  Common  Pleas  are  therefore,  as  I said,  new,  and 
I believe  originated  in  the  Colony. 

The  Parties  in  the  cause  that  came  before  us  were,  Alexander  Gray, 
Curator  Bonorum,  of  his  Father  Alexander  Gray  of  Edinburgh,  who  had 
been  Administrator  of  his  Brother  John  Gray  against  William  Grant  a 
Debtor  to  John  Gray— Robert  Grant  who  was  appointed  by  the  Prerogative 
Court  of  Canterbury,  Administrator  to  the  said  John  Gray,  and  Adminis- 
trator also  de  Bonis  non  of  the  said  Alexander  Gray,  appeared  also  in  the 
cause  as  Partie  intervenante,  and  both  he  and  William  Grant  were  Appellants. 
What  might  remain  of  the  Personal  Estates  of  these  Intestates  John  Gray 
and  Alexander  Gray,  after  satisfying  their  Creditors  in  Great  Britain, 
belonged  to  Alexander  Gray’s  four  Children  ; all  Resident  at  Edinburgh, 
except  his  son  Alexder  Gray,  the  Plaintiff  in  the  suit  ; a Scotch  Attorney, 
who  came  here  after  his  Father’s  Death  and  taught  the  Judges  of  the  Prero- 
gative Court  of  the  Province,  (Messrs  Mabane,  Dunn,  and  Panet,  two  of 
them  the  very  same , who  gave  the  Judg‘  in  the  Comn  Pleas  in  confirmation 
of  their  own  adjudication  in  the  Prerogative  Court,  that  it  was  not  necessary 
to  become  Administrator,  to  acquire  the  Funds  of  the  Intestates,  but  that 
under  the  French  Law,  he  might  decline  accepting  a share  of  the  Inheritance 
devolved  upon  him  by  that  Law,  and  obtain  his  end  by  their  Appointment 
of  him  as  Curator  Bonorum,  or  Guardian  of  the  Succession  or  Goods  of  his 
deceased  Uncle  and  Father. 


1 See  notes  1 & 2.  p.  389. 


CONSTITUTIONAL  DOCUMENTS 


843 


SESSIONAL  PAPER  No.  18 

The  Court  of  Appeals  was  satisfied,  that  these  Steps  were  as  repugnant 
to  the  French  Law,  as  they  were  to  the  Laws  of  England  ; and  this  Question 
we  handled  as  well  as  the  other  ; & we  had  but  one  opinion,  with  the  excep- 
tion of  Mess"  St  Ours  and  Delery,  two  Canadian  Gentlemen,  to  whom  all  I 
said,  by  their  Inexperience  in  the  English  Language,  must  have  been  utterly 
unintelligible. 

The  sum  in  Controversy  (between  £8  and  £900)  is  high  enough  to 
give  the  Respondent  his  Appeal,  but  he  will  probably  prefer  a new  Suit  as 
Administrator. 

The  great  Question  may  very  soon,  and  very  often  occur  ; and  as  it  is  of 
such  infinite  moment,  I thought  it  proper  that  His  Majesty’s  Ministers 
should  be  early  apprized  of  the  Event  ; that  by  their  commands,  we  may 
receive  the  Light  and  Aid,  which  the  King’s  Law  servants  are  so  able  to 
afford.1  All  turns  upon  the  simple  but  important  Question, — Whether  by 
the  Quebec  Act,  the  old  Laws,  and  old  Forms  of  Canada,  give  the  Rule 
exclusively,  in  all  controversies  relating  to  Property  in  this  Country,  and 
bind  in  every  Suit  litigated  in  the  Courts  of  Quebec,  tho’  the  Parties  and  all 
Persons  interested  in  it  be  His  Majesty’s  natural  born  Subjects  ? 

I beg  my  best  Respects  to  Lord  Sydney,  and  am, 
my  dear  Sir. 

your  most  obed*  and  most  humble  Servant 

Wm  SMITH. 

Evan  Nepean  Esqr 

FINLAY  TO  NEPEAN.2 

Quebec  13th  february  1787 

Dear  Sir 

Tho’  we  have  been  a month  in  Council  we  have  not  as  yet  debated  on 
any  one  Ordinance  : the  Chief  Justice  has  proposed  three  ; they  lie  on  the 
table.  The  draught  of  a Militia  Law’  is  now  before  a committee  ; that, 
and  the  regulation  of  the  Courts  of  Justice  are  objects  of  the  first  moment. 

A well  establish’d  Militia  wall  secure  the  Province,  and  if  the  King’s 
Ancient  subjects  (comprehending  the  Loyalists)  can  but  have  English 
Law  for  the  rule  of  decision  in  English  causes,  as  laid  down  in  his  Majesty’s 
12th  Instruction,3  they’ll  be  contented  and  happy  : but  our  Judges  of  the 
Common  Pleas  set  their  faces  against  the  introduction  of  English  Law  in 
all  cases  whatsoever;  They  say  that  they  are  warranted  by  the  Quebec  Act 
to  declare  and  to  uphold,  that  the  intention  of  the  King  and  Parliament  was, 
that  no  Law  but  French  Lawr  shou