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The Pioettbine s of the Brieith 
and other Proteſtant Inhabitants of 
the Province of Qutebeck in North 
America, in order to ; obtain. : an 
Houſe of ily in that Pro- 


VINCE. 


52 1 * 
* % . — * * * 


* 


N the month of October 1773, the Bri- 
1 tiſh, and other Proteſtant inhabitants of 
the province of Quebeck, having wund 
above ten years for the accompliſhment of the 
King's promiſe of granting them a Houſe of 
Aſſembly, as ſoon as the ſituation and Cir- 
cuinſtances of the faid provinue would admit 
thereof, contained in the royal proclamation 
of October 7, 1763; and finding the 4ncon= 
veniencies of being without a regular and 
conſtitutional legiſlature; and * of opi⸗ 
B 2 5 nion, 


E #'1] 


nion, that the ſituation and circumſtances of 
the province did admit the calling an afſem- 
bly, and make the doing ſo not only practi- 
cable, but in a high degree expedient ; they 
held meetings together to confer about pre- 
paring petitions both to his majeſty's ſervants | 
in the province, and to his majeſty himſelf, 
in order to obtain one. And on this occa- 
ſion they invited his majeſty's new ſubjects, 

the Canadian, or French, inhabitants of the 
province, to join with them in their conſul- 
tations upon this ſubject. The account they 


have tranſmitted of theſe conſultations is as 
follows. 


AT a meeting of the Britiſh inhabitants 
of the province of Quebeck, at the 
houſe of Mijes Prenties, innholder, in the 
upper town, Quebeck, October 30, 1773 3, 
being Saturday : 

Mr. John M Cord, on holding up bands 
* was choſen preſident. 

Ihe firſt queſtion, Whether it is not ex- 
pedient to petition for a Houſe of Aſſem- 
bly. 1 5111 


60öivbL = 


_— 


« Anſwer, Yeas 38, to 3 Nays. 


J Reſolved, That a committee of eleven be 
appointed, and that ſeven of the ſaid number 
* may be eſteemed a-full committee (in caſe 
any of the gentlemen named ſhould be ſick 
* or out of town) to draw up a petition, and 
. lay it e another general meeting. 


24 


A 


* 


4 inſtance to the king, "His 


11 
And the following gentlemen were ac- 
cordingly voted to . the ſaid W 
2 viz. - 


William FER Jenkin Williams, 
John Wells, Thomas Walker, 
Charles Grant, John Lees, 
Malcolm Fraſer, Zachary Macaulay, 
Anthony Vialars, John M-<Cord. 
Peter Fargues, 


e 6. 


R 


N 


The committee then pd to meet 
at Mr. Prenties's on Tueſday next at four 
-oclock in the afternoon. 

Malcolm Fraſer was choſen ſecre tary to 
the committee. 

© Reſolved, That a copy of theſe minutes 
be ſent by the e committee to the 8 
of Montreal. | 


N 


4 


Nov. 2, 1773, at Prenties's. 


A majority of the committee having ac- 
cordingly met, viz. 


Thomas Walker, William Grant, 
Charles Grant, FJenkin Williams, 
John Lees, Zachary Macaulay, 
John M Cord Malcolm Fraſer. 


Ps 


LV 


© The committee, judging it to be regular 


© firſt to preſent a petition to the lieutenant- 
overnour in council, and not in the firſt 


c Reſolved, 


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. Reſolved, That à petition be addreſſed 
and preſented to the lieutenant- governour in 
council; and, a draft of ſuch petition hav- 
ing been accordingly framed, it was fur- 
ther reſolved, That it be tranſlated into 
French, and that ſome of the principal 
French inhabitants be requeſted to meet the 
committee ex four oclock on TR | 
evening next at Prenties's. _ | 
* Reſolved, That a copy of the above pro- 
ceedings, with a copy of the petition above- 
mentioned, be tranſmitted to Montreal by 
next poſt, and addrefled to Mr, Gray, to 


be communicated | to the inhabitants of | 
Montreal. - 4.3.» 


Copy of a letter of invitation: ſent to the Cana» 


dian gentlemen, dated Nov. 2, 1773. 


Meſſieurs, 


LES affaires et la fiination actuelle de la 
province ayant beſoin que ſes habitans 
y portent quelque attention ; et nous ſou- 
ſignes ayant etè nommes par une nombreuſe 
allemblee des anciens ſujets de ſa majeſte 
comme un corps de committe pour faire 
quelque choſe a cet egard.: Nous vous in- 
vitons de nous rencontrer au taverne de 
Prenties jeudi à quatre heures apres midi, 
afin de vous communiquer nos idces, et de 
ſcavoir les votres, ſur des matieres qui nous 
intereſſent Egalement. Nous avons Thon- 
neur d' etre, &c. 


NA M a A aA aA aA M & a4 


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N. B. 


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N. B. This letter was ſigned by the whole 
eleven members of the committee, and ad- 


dreſſed to Meſſieurs De La Naudiere, De 
Rigauville, De Lery, Cugnet, Perrault, 
Duchenay, Deſcheneaux, Taſcherau, Compte 


du Pres, Fremont, Perras, Marcoux, Ber- 
thelot, and Dufau, of Quebeck, and to 


Monſieur Tonnancourt, of Trois Rivieres, 


» 


then at Quebeck, 


« Nov. 4 5 177 3. at Prenties's. 
Ihe following members of the committee 


having met, viz. a 
Jenkin Williams, William Grant, 
Charles Grant, John M Cord, 
John Lees, Malcolm Fraſer, 


Zachary Macaulay, Thomas Walker. 
. 3 


8 And the following French gentlemen 
having attended this meeting in conſequence 


of the invitation ſent them, viz. 


Monſ. Deſcheneaux, Monſ. Tonnancourt, 
-====- Mar coux, A Perras, 

--=--- Cugnet, ----=-- Berthelot, 
-====-= Perrault, ------ CompteduPres. 


Mr. William Grant was choſen chairman 


of the committee, and a tranſlation into 


French of the petition intended to be pre- 
ſented to the heutenant-governour being 


read, the opinion of 'the French gentlemen 


« preſent. 


1 W © 9 
45 ö 
0 | | 
; 1 5 

© preſent was required as to the meaſure un- 
It der conſideration : and, after ſome conver- 
N ſation on the ſubject, the queſtion being 
f put, Whether they think it neceſſary (from 
: * what has been debated) to convene their 
| ö 0 fellow citizens, it was unanimoufly voted 

| in the affirmative. 


i Mr. Deſcheneaux and Mr. Perras have 
| © undertaken to convene the new — at 
two oclock on Saturday next. 

The committee to meet on Monday next 
© at Prenties's at ſix o'clock in the evening. 


7 Nov. 8, 1773. | 


Wn F The following gentlemen met at Prenties' 1 


Mr. Williams, Mr. Walker, 
Mr. Wm. Grant, Mr. M Cord, 
Mr. Lees, Mr. Wells. 
Mr. Fraſer, Vow 


A M M 6 


© It was reſolved to write a letter to Mr. 
Deſcheneaux, to beg he would let the com- 
mittee know if the new ſubjects had taken 
any meaſures in conſequence of what was 
communicated to them at the laſt meeting, and 
what thoſe meaſures were. But, Mr. Deſ- 
cheneaux being out of town, the letter was 
ſent to Mr. Perras, who returned the 
anſwer annexed. 
© Reſolved, That a letter be fone by the 
b committee to Francis Maſeres, Eſq; in- 
| « cloſing 


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cloſing the above minutes wih a draft of 
the petition. 

The committee to meet when a 
5 by the ſecretary; as the buſineſs will depend 
on the letters to be received from Montreal. 


Copy o the letter wrote to Mr. Perras 
- £5 4:444399 Nee, 1777, 


: Monſieur 


LES. Meſſieurs du Tdh aſſembles 
chez' Prenties vous prierit d'avoir la 
« bonte-de les informer ſi les nouveaux ſujets 
« ont pris quelques meſures ſur ce qui vous 
a été communiquè Jeudi dernier et ſi vous 

© pouvez'l leur faire part de reſolutions priſes 
© 'pat vos eoneitoyens, vous obligerez beau- 
« coup ces meſſieurs. On attend Thonneur 
de vôtre reponſe yo le 3 ode 
6. -Fhonneur Cetre, © 15 © 


| 2541 hn. "Monficur, 10 ES | AAS aint 4 £2013! ic: 


* 
i 328 "1; 


——— -* Votre. tres n ferviteur,.. 115 
viumotis 50 atn Signet; Mar.cop PNAs. 
14 OfTIIVOR 2£1 eg Hin 30% iO In 


DING I Follows Mr. Pertas' aer. 


a d ben 1 10  T000N19103-3R8 
a Monfeur bs ©, . »: Quebec, le 8 —— 177 3s: 

I "E\"d6part procipied des valſſeaux pour 
Europe ne ma pas permis de répondre 
= * Yaioubiy mes defirs aux attentions de meſſieurs 
du commits.” * Jai vd quelques 
1 9011 i © uns 


4 


ht pj © 


—_— OO — 


[f:1@ } 
© uns de mes concitoyens, qui ne me paroifſent = 
pas diſpoſes a laſſemblèe, comme quelques 
uns dentre nous le voudroĩent. Le grand 

© nombre l'emporte, et le petit eſt rẽduit a 
prendre patience. J'ai Yhonneur d' etre, &c. 


A true copy. MaLcorM FRASER, 


Secretary to the committee. 
Alfter this refuſal of the French inhabitants 
of the province to join with them in their 
petitions for an aſſembly, the Britiſn and 


proteſtant inhabitants reſolved to proceed in 


this buſineſs by themſelves, and without the 
concurrence of the others, lamenting that a 
ſpirit of jealouſy had 2 them from 


would have tended to the common benefit of 
them all. The Britiſn and | ang eee 


tants therefore reſolved, without further heſi- 


tation, to apply to his majeſty for the accom- 
pliſhment of the royal promiſe above-men- 
tioned, by eſtabliſhing an houſe of aſſembly 
in the province. But firſt, as the governour © 
of the province, and, in cafe of his abſence, 
the lieutenant-governour of it, had, by the 
commiſſion of the governour, a power to fum- 
mon an aſſembly, they thought it moſt regqu- 
lar to make an application for this — pot 
Hector Theophilus Cramahe, Eſq; wha was 
at that time licutenant-governour of the pro- 
: ; Vince; 


1 * 1 


Lince; general Carleton, who was the gover- 


nour in chief, being then in England. Accor- 


dingly, on the zd of December, 1773, EY 


men to him the r Arn 


* o che HonGupablc" Hector Theophilus 

*©'Cramahe, Eſq; his ma jeſty's lieutenant- 
© governour and — in hier of the 
. Province of Quebeck i in council. 


0 The petition of the ſubſcribers, bis ehe g 
antient ſubjects, the freeholders, mer- 
chants, 3 and other inhabitants of 

1 the. faid province, 27h of = 


« « Humbly 2 ai To 3081163 ? 
11 H AT whereas his mioft int mia- 
, by his royal proclamation, bear- 
«© ing dare at St. James's the 7th day of Octo- 
© ber 1763, (out of his paternal care for the 
© ſecurity of the liberty and properties of thoſe 
* who then were, or ſhould thereafter beggme, 
inhabitants of the four ſeveral governments 
© therein mentioned) did publith and declare, 
© That he had, in the letters patent under the . 
great feal of Great- Britain, by which the 
* fad” governments were conſtituted, been 
;ouſly pleaſed to give expreſs power and 
direction to his governours, that ſoon as 
. 6 ſtate and circumſtances of thoſe go- 
vernments would admit thereof, they ſhould, 
. with the advice and conſent of the bers 
* De 


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49 © of his councils, ſummon and call general 
wr © aſſemblies within the faid governments: 
4 And that he had been graciouſly pleaſed to 
1 give power to his ſaid governours, with. the 
y * conſent of his ſaid councils, and the repre- 

NF « ſentatives of the people, to make, conſtitute, 
i and ordain laws, ſtatutes, and ordinances, 

4 for the public peace, welfare, and good 
} government of thoſe provinces, and of the 
4 0 ous and inhabitants thereof. And whereas 

| his moſt excellent majeſty, in purſuance of 
N * his ſaid royal proclamation, by his letters 
patent to his governours, has been gracioufl 

| * pleaſed to give and grant unto them full 
| power and authority, with the advice and, 
Wo - < conſent of his ſaid.councils, under the cir- 
L * cumſtances aforeſaid, to call general aſſem- 
| * blies of the freeholders and planters within 


their reſpective governments. And alſo, 
* whereas your petitioners (who have well 
* conſidered the preſent ſtate and condition of 
the province) do humbly conceive, that a 
general aſſembly of the people would very 


much contribute to its peace, welfare, and 
good government, as well as to the im- 
provement of its agriculture, and the ex- 
tenſion of its trade and navigation; they do 
therefore moſt humbly pray your honour 
(with the advice and conſent of his majeſty's 
council) to ſummon. and call a general 
aſſembly of the freeholders and planters 
within your government, in ſuch manner as 
you in yourdiſcretion ſhall judge moſt proper. 
Signed, 


W W Ww A W ] Ho 


4 


GR Cape on 
* r 


222 * > 
_ * 
„ 


6 


* 


Ae 


— 


3M Alexander i 8 


25 


- 
* 1 


* 
þ — 


< Simon Fraſer, 
2 Adam-Lymburner, 


14 Alexander Daviſon, 


en Murdoch Stuart, 


: 
Ht 


:5\Daniel. Morriſon, 


Samuel Jacobs, 


_ 
* 9 4 
T2 riſr il 


N 1 


Oe John Lees, 1 junior, 
James Price, 


Robert Woolſey, 


<© Jacob Rowe, 


John Renaud, 


© Michael Cornud 


Simon Fraſer, junior, 


1 James Hanna, 


© Jonas Clarke, minor, 


| . N. Bayard, 


** D. Mercier, 


Edward Chinn, 
John Thomſon, 
_ * Edward Antill, 
R. Huntley, 
Daniel Robertſon, 


2 . 


John Blake, 


John Neagle, 
Richard M' Neall, 


© John Burke, 


Alexander Paterſon, 


James M Gill, 
© Tenkin Williams, 


William Grant, 


c John 


Signed, | | | | Gy ee 
18 474 I» John M Cord, f 
. eg, 
Charles Grant, 
N Malcolm Fraſer, : 
Lachary Macaulay, 
Iohn Wells, 
James Cumming, 
D. Lynd, 
e oha Eynd. 
DPaniel Gallway, 
| Daniel Munro, . 
N EA * George King, 
James Dyer White, 
.* Lawrenee Ermatinger, 
William Haywood, 
James Finlay, | 
VWilliam McCarty, : 
Joſeph Toney, 
Alexander Henry, 
James Bindon, 
Be * Alexander Hay, 
Joſeph Howard, 
_.__ © George Singleton, 
Levy Solomons, 
Richard Dobie, 
© John Lilly, 
Richard Murray, 
© Randle Meredith, 


* Robert 


| | 
15 J 
signed, near tf r offs not Lag Lit of 
? =" e „Robert Wileocks, TT. 
Fa Nj. Melvin 1 
atitex R. Hope: 2877-11 10 PN 
51 21 -© Henry Boone) | Geld 10 
John W. Swift, «42798 OF 
en Charles Hay, 1 ach —_ | 
Charles Lemarchant, | n 
Thomas M Cord, bog fi 
8 ames Sinchair, 8714 7 noi 
Peter M 
John Halſted, lt Bull 
Lauchlin Snikth, DO 
James Gordon, 2» L909 
cad * Ral ph Gray, 1942, 24 93 
ik Edward William Gray," 
15 iis © Thomas MoMarray, | Ta 
{31912108 James Morriſon . £413 
15% I: George Meaſam, 1 31841 10 
I. Maurer, OS 
Thomas Walker, Jun. 
511 0 John Wharton, 5 | 19 > 
un 5 acob Vanderheyden, \ 
ky ben: -; Thomas. Walker. 
5 Wc A r 
* John Dumoulin, 
Ezekiel Solomons,  - 
, 1 e 1 8 
Dien ee. 5 
11180 eli. rn 1876 1 * 
0 YE 5 Ay N 9MT Went 306; To 
at Du BSIBAGH a HHU and 


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To this petition the ſaid lieutenant- Fernour 


returned for anſwer, on the 11th day of the 
ſame month of December 1773, that the ſub- 
ject of it was a matter of too much importance 
for his majeſty's council of the ſaid province 
to adviſe, or. for him to determine upon; at a 
time that, from the beſt information he had 
received, the affairs, of the faid province were 
likely to become the object of public regula- 
tion in England. - 

Upon the receipt of this anſwer from the 
faid lieutenant-governour, (which indeed was 
no other than they had expected, ) the peti- 
tioners determined to prepare another petition 
to be preſented, to his majeſty himſelf for the 


fame purpoſe. . They accordingly did prepare 


ſuch a petition; together with a memorial to 
the earl of Dartmonth, his majeſty's- ſecretary 
of {tate for America ; ; which were as follows. 


Sw #* © 


Noche king's caſt excellent majeſty. 


© The moſt humble petition of the ſubſcribers, | 
* your majeſty's antient and loyal ſubjects, 


« freeholders, merchants, and planters, in 
© the province of 8 in North- 
, America, „ 

6 Sheweth, 


* HAT whereas your 1 majeſty Ks your 
royal proclamation, bearing date at 
Saint — s the ſeventh day of October, 
* one thouſand ſeven hundred and ixty-three, 


Was 


LY © 
as moſt graciouſly-pleaſed to publiſh and 

| © declare, * that out of your majeſty's pa- 

* ternal care for the ſecurity of the liberty 

* and properties of thoſe who then were, or 


KR 


ſhould tliereafter become inhabitants of 

e the four ſeveral governments therein men- 

* tioned (of which this your majeſty's pro- 

c vince was denominated to be one) your 

« majeſty had in the letters patent, by which 

e the ſaid governments were conſtituted, 

5 given expreſs power and direction to your 

* governours, that fo ſoon as the ſtate and 

| © circumſtances of ' thoſe governments would 

“ admit of it, they ſhould, with the advice 

of your majeſty's councils, ſummon and 

5 call general aſſemblies within the faid go- 

% vernments reſpectively, in ſuch manner and 

form as is uſed and directed in thoſe colo- . 
5 nies and provinces in America, which are | I 
* under your majeſty's immediate govern- _ 
„ ment. And alſo, that your majeſty had 

* been graciouſly pleaſed to give power to 

your faid governours, with the conſent of 

* your majeſty's ſaid councils, and the re- 

<< preſentatives of the people ſo to be ſum- 

* moned as aforeſaid, to make, conſtitute, 

* and ordain laws, ſtatutes, and ordinances, 

** for the public peace, welfare, and good 

government of your majeſty's ſaid colonies, 

and of the people and inhabitants thereof, 3 

*© as near as might be agreeable to the laws 5 
of England, and under ſuch regulations and -Y 
Func * IS <© reſtrictions 1 


N 


cc 


Cc 


* 


A K A 6a 6 _«A 


-mahe, Eſq; your majeſty's lieutenant-go- 
vernour, and now commander in chief, 
ſtating as above, and humbly praying, that 
he would be pleaſed, with the advice and 


[- 48 


reſtrictions as are uſed in other colonies.” 
And whereas it has graciouſly pleaſed your 
majeſty, in the letters patents of com- 


miſſion to your captain-general, and go- 
vernour in chief, and in caſe of his death, or 


during his abſence, in the letters patent of 
commiſſion to your majeſty's lieutenant- 
governour of this province, to give and grant 


unto him full power and authority, with 
the advice and conſent of your majeſty's 
council, ſo ſoon as the ſituation and circum- 
ſtances of this province would admit of it, 
and when and as often as need ſhould re- 

uire, to ſummon and call general allem- 
blies of the freeholders and planters, within. 


this government, in ſuch manner as he in 


his diſcretion ſhould judge moſt proper. 
And whereas your petitioners, whoſe pro- 


perties, real and perſonal, in this province, 


are become very conſiderable, having well 
conſidered its preſent ſtate and circumſtan- 
ces, and humbly concegzving them to be ſuch 
as to admit the ſummoning and calling a 


general aſſembly of the freeholders and 


planters ; did, on the third day of December 


laſt paſt, preſent their humble petition to 
the honourable Hector Theophilus. Cra- 


conſent of your majeſty s council, to ſum- 
| * mon 


a „ 


a 


a a a NX A a A Aa A K A 


4 BY 


mon and call a general aſſembly of the free- 
- holders and planters within this government, 


in ſuch manner' as he, in his diſcretion, 
ſhould judge moſt proper. And your ma- 


jeſty's ſaid lieutenant-governour, on the 
eleventh day of December laſt paſt, after 


having taken the ſaid petition into his con- 
ſideration, was pleaſed to inform your pe- 


titioners, that the ſubject of the ſaid petition 


was a matter of too much importance for 
your majeſty's council here to adviſe, or for 
him, your ſaid lieutenant-governour, to de- 
termine upon, at a time that, from the beſt 
information, the affairs of this province were 
likely to become an object of public regu- 
lation; but that he would tranſmit the ſaid 
petition, by the firſt opportunity, to your 
majeſty's ſecretary of ſtate. „ 
© Your majeſty's petitioners being fully 
convinced, from their refidence in the pro- 
vince, and their experience in the affairs 
of it, that a general aſſembly would very 
much contribute to encourage and promote 
induſtry, agriculture, and commerce, and 


(as they hope) to create harmony and good 


underſtanding between your majeſty's new 
and old ſubjects ;-- moſt humbly ſupplicate 
your majeſty to take the/premites into your 
royal conſideration, and to direct your ma- 
jeſty's governour or commander in chief to 
call a general aſſembly, in ſuch manner, 


and of ſuch conſtitution and form, as to 


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[ 20 ] 


your majeſty, in your royal wiſdom, ſhall 
© ſeem belt ada __ to ſecure its peace, wel- 
* fare, and goo government. 


* And your petitioners, as in duty bound, 
* ſhall ever pray, &c. 


Montreal, Jan. 10, 
1774. 


Signed, 


Jenkin Williams, 

John Welles, ; 

Randle Meredith, 

Alexander Daviſon, 

John Lees, junior, 8 

N. Byard, RY 

P. Mills, 

John Halſted, 

James Tod, 

Arthur Davidſon, 

John Majer, 

J. Melvin, 

Simon Fraſer, junior, 

Duncan Munro, 

W. Lindfay, 

D. Lynd, 

William Laing, 

William Keith, 

Charles Hay, 

Daniel Morriſon, 

S Grant, 

f William Grantt. 
* Aachary 


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Adam Lymburner, 
John Renaud, 


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Jonas Clarke Minot, 


Murdoch Stuart, 


John Roſs, 


Mich. Cornud, 
Robert Woolſey, 


PD. Gall way, 
* Thomas M Cord, 


* John Burke, 
Francis Smith, 
£ Rod. Macleod, 


P * Godirey Ki 


© © George 1 
Malcolm Fraſer, 9 


John Saul, 


enkins, 


John Lees, 
s Alexander Martin, 


Simon Fr raſer, 
Henry Boone, 


Charles 1 


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zmarchant, 
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John De 


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James Sinclair, 


zeorge King, 
John Lynd, 


James Hanna, 
« John White Swift, 


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Alexander Lawſon, 
Erederick Petry, 
Francis Anderſon, 
Hugh Ritchie, 
George Hipps. 
Daniel Robertſon, 
John Wharton, 
Dumas, 
Samuel Morriſon, 
George Singleton, 
Alexander Paterſon, 
Charles Paterſon, 
Peter Arnold, 
Edward Antill, 
John Lilly, 
John Porteous, 
John Thomſon, 
Edward Chinn, 
SG. Chriſtie, 
Chabrand de Liſſe, miniſter, 
Pierre du Calvet, 
J. Grant. 
Alexander Hay, 
Edward William Gray, 
Richard Huntley, 

ohn Blake, 
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George Meaſam, 
Richard Dobie, 
Thomas Walker, 


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Ezekiel Solomons, 


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James Doig, 


James Finlay, 


John Gregory, 
« Benjamin Frobiſher, 


Y - Joſeph Bindon, 


James M<Gill, 
John Stenhouſe, 
Alexander Henry, 


Solomon Milleberges, 
William Murray, 


Alexander Henry, 
James Price, 


William Haywoo od, 


Jean El. Wadery, 
Hugh Tarries, 
John Sunderland, 
Samuel Edge, 

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To the right honourable the carl of Datt- 
* mouth, one of his majeſty's principal 
< ſecretaries of ſtate.  * 


„ 


he memorial of the freeholders, merchants; 


planters, and others, his majeſty's antient 
and loyal ſubjects, now in the province 


of Quebeck, 
© Sheweth, 


7 HAT your lordſhip's memorialiſts ; ond | 


couraged by the capitulation of Ca- 
nada, confirmed by the definitive treaty of 


peace, and his majeſty's foyal proclamation 


of the 7th of October, 1763, did purchaſe 
lands, plant, ſettle and earry on trade and 
corfimeree in this province to a very con- 
ſiderable amount, and to the manifeſt ad- 
vantage of Great- Britain, in confident ex- 
rr of the early accompliſhment of 

is majeſty's ſaid proclamation, giving ex- 


preſs power and direction to his governour; 


with the advice and conſent of his council; 
to ſummon and call general aſſemblies, to 
make, conſtitute, and ordain laws, ſtatutes; 
and ordinances, for the'publick peace, wel- 
fare, and good government of the ſaid pro- 


vince, as near 49 might be agreeable to the 
L 4990 of England. For which reafofhs your 


emorialiſts have drawh up and tranſmitted 


6 herewith, their moſt humble petition to 
| © the king, praying his majeſty will, out of 
his royal and paternal care of all his dutiful 


* and 


C 


261 


and loyal ſubjects of this province, be gra- 


ciouſly pleaſed to relieve them from the 
apprehenſions they are under of their pro- 
perty being endangered, and loſing the fruits 
of their labour, expoſed to ordinances of 4 
governour and council, repugnant to the 
laws of England, which take place before 
his majeſty's pleaſure is known, and are 
not only contrary, to his majeſty's com- 
miſſion and private inſtructions to his ſaid 


governour, but, we preſume, equally grie- 


vous to his majeſty's new and antient ſub- 


jects. 


© Your lordſhip's memorialiſts further fee, 
with regret, the great danger the children 
born of proteſtant parents are in, of bein 

utterly neglected, for want of a ſufficient 
number of proteſtant paſtors, and thereby 
expoſed to the uſual and known afliduity of 
the Roman Catholick clergy of different 
orders, who are very numerous in this 
country, and who, from their own immenſe 
funds, have lately eſtabliſhed a ſeminary 
for the education of youth-in this province, 
which is the more alarming, as it excludes 


all proteſtant teachers of any ſcience what- 


ever. 

* Wherefore, your lordſhip's memorialiſts 

humbly pray, that you will be pleaſed to 

preſent their ſaid petition to his majeſty, 

and alſo pray your lordſhip's interceſſion and 

good offices in that behalf. 2 
| | © And 


And your lordſhip's memorialiſts, as 
in duty bound, ſhall ever pray. 
: Montreal, Jan. 155 | Ns 
1774. 


8 


= { Edward. W. Gray, 
A committee ap- R. Huntley, 
pointed at a ge- Lawrence Ermatinger, 
* neral meeting of 4 William Haywood, 
_ * the inhabitants | James M*Gill, 
= < of Montreal, James Finlay, 
BM | Edward Chum. 


= This petition and memorial were ſent over 
to Francis Maſeres, Eſq; curſitor baron of 
che exchequer, (who had formerly been at- | 
5 Wtorney-general of the ſaid province, and had > 


Wrelided conſtantly in 1455 three years, from 
A September 1766, to September 1769) in 
t order to be by him preſented to the earl of 
F Dartmouth : and he did accordingly preſent 
0 them to that noble lord ſoon after he had 
1. received them, that is, about the beginning 
1. of the month of March, 177464. 
” In ths courſe of theſe proceedings, the | 
a committees appointed by theſe petitioners to Fu. 
= WE frame their petitions, . and conduct the proſe- 
3 cution of them, (which were two in number, 
sone for the diſtrict of Quebeck, and the other 
O for the diſtrict of Montreal) wrote the fol- 
0 lowing letters to Mr, Maſeres, whom they, 


bad thus employed to deliver their petitions ta 4 
lord Dart nouth. W 
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[ 28 ] 


SIR, Quebeck, Nov. 8, 1773. 
AS you appear to have the true intereſts 


of this country at heart, we take the 
liberty to trouble you with the draught of a 
petition which the Engliſh inhabitants of 
the province have determined to preſent to 
the governour and council. It 1s now the 
general opinion of the people, (French and 
Engliſh) that an aſſembly would be of the 
utmoſt advantage to the colony, though they 
cannot agree as to the conſtitution of it. 
The Britiſh inhabitants, of whom we are 
appointed a committee, are of very moderate 
principles: they wiſh for an afſembly, as 
they know that to be the only ſure means 
of conciliating the new ſubjects to the Bri- 
tiſh government, as well as of promoting 


its inhabitants the peaceable poſſeſſion of 
their rights and properties. They would 
not preſume to diftate. How the aſſembly 
is to be compoſed, is a matter of the moſt 
ſerious conſideration : they ſubmit that to 
the wiſdom of his majeſty's councils. What 


will be ſo in a few days) to the governour 
here, to call an aſſembly; and that if he 
does not grant their requeſt, they will im- 
mediately apply to his majeſty, from whom 

"1 they 


the intereſts of the colony, and ſecuring to 


they would, in the mean time, requeſt you 
to do, is to inform the miniſtry and the 
publick, that a petition is preſented (for it 


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[ 29 1 
they have the moſt ſanguine hopes of a 
* pracious reception. They beg your intereſt 
| © in promoting ſo laudable an undertaking; 
and hope you will excuſe the liberty they 


* have taken. 


We are, with eſteem, 
CSIR, © 


« Your moſt obedient and moſt | 
humble ſervants, - 


William Grant, 
„ Tenkin Williams, 
Thomas Walker, 
John Welles, 
John M*Cord, 
Zachary Macaulay, 
Charles Grant, 
John Lees, 
Malcolm Fraſer. 


« To Francis Maſeres, Eſq; 


« SIR, ', Quebeck, Dec. 9, 1773. 


ms - A® a committee named by the Engliſh 
4 > gentlemen of this place, we did our- 
ſelves the honour to write to you the 8th of 
November, by the ſloop Dolphin, inclofing 
= © to you a copy of the draught of our petition, 
= © and requeſting you (whom we knew to be 
| © intereſted for the welfare of this province) 
: *to 


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to diffuſe at this juncture, when ſome re- 


gulations appear to be projecting, ſuch inti- 
mations of our ſentiments and proceedings, 
as you might conceive to be neceſſary in our 


behalf. We preſented our petition to the 


lieutenant-governour the 3d inſtant, ſigned 
by ninety gentlemen of Quebeck-and Mon- 
treal. He was pleaſed to receive it with 
politeneſs, and to inform us, that he would 
take it into conſideration, and, when he 
ſhould have conſulted his majeſty's council, 
that he would favour us with his anſwer. 
A board of council has been held, but their 
reſolution remains as yet ſecret. We can- 
not flatter ourſelves that the prayer of our 
petition will be granted, and therefore it is 
the ſenſe and reſolution of all his Majeſty's 
antient ſubjects, a few, very few, only ex- 
cepted, (and it is the ſecret wiſh of a great 
number of Canadians) ſo ſoon as we receive 
the lieutenant-governour's anſwer, to pe- 
tition our ſovereign to grant us that power 


of legiſlation, which he has been graciouſly 


pleaſed to promiſe us by his royal proclama- 


tion, and which the welfare and good go- 


vernment of the province have, for ſome 
time, . ſtood in need of. We intend to 


trouble you with our petition to the king, 


and we write by this poſt to the principal 


merchants of London intereſted in this 


province, requeſting their aſſiſtance in our 


favour, in conjunction with you ; and, in 


© order 


K M Bn a & X «a @t 


CS EY -T 


* 


1 


order to facilitate the intercourſe between 
you and them, we ſend Mr. John Paterſon 
| © a letter, deſiring him to act in the matter 
according to your directions. We cannot 
WE - refrain from apologizing for the trouble we 
W © have given you, and yet we muſt, at the 
W < fame time, earneſtly entreat your further 
W © 200d offices in our behalf, as well by your 
* influence with your friends, as by your 
weight with the king's miniſters. We 
© hope to have it in our power to make you 
W < ſome grateful compenſation. For the pre- 
ſent, we can only beg leave to aſſurè you, 
that we are, with great eſteem, 


} * SIR, 
our moſt obedient, 


humble ſervants, 


John Lees, 
Malcolm Fraſer, 
John M*<Cord, 
; William Grant, 
«© Jenkin Williams, 
John Welles, 
Charles Grant, 
Zachary Macaulay. 


A 


} a EY 


« SIR, 


been given to the lieutenant-governour, 


vince. | | 
FTruſting that yon will continue your diſ- 


l 


Quebeck, Jan. 13, 17747 


Ii. 


E did ourſelves the honour to write to 

you the gth of December, by poſt, 
under cover to Mr. John Paterſon. Since 
which, the lieatenant-governour has fa- 
voured us with the anſwer recited, in our 
petition to the king. We now take the 
liberty to trouble you with the petition, 
together with a memorial, to the, earl of 
Dartmouth. A copy of the petition has 


which he has undertaken to tranſmit to the 
ſecretary of ſtate. | 

Depending on your ability and zeal to 
promote the true intereſt and welfare of this 
province, we entertain fanguine hopes that 
you have already paved the way for a favour- 
able reception. Without further apology, 
permit us to intteat you to preſent this pe- 
tition and memorial to lord Dartmouth, 
and to ſupport our meaſures with ſuch 


arguments as will naturally occur to you 


» 


from your perſonal knowledge of the pro- 


intereſted good offices, for which we hope 
to be able to teſtify our grateful acknow- 


— \ 


ledgments, 


© le 
© © 


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0 ledgments, we have the honour to ſubſcribe 
2 ourſelves, | 


« SI R, 
0 Your moſt obedient; 
: and very humble ſervants, 


Zachary Macaulay, 
_ © Malcolm Fraſer, 
Jenkin Williams, 
John Welles, 
William Grant, 
John M*<Cord 
John Lees, 


Charles Grant. 


Re 3 Pr, 


b ww 10, 1774. 

81 R. | 4 | 
TI. committee of his majeſty's antient 
ſubjects reſiding at Quebeck, having 
taken the liberty of tranſmitting to you, by 
this poſt, a petition to his majeſty, praying 
Mleafed to grant them a houſe of 
aſſembly, S with a memorial to lord 
Dartmouth, requeſting his intereeſſion and 
good offices in that behalf; we, the ſub- 
ſcribers, a inted a committee for the ſame 
purpoſe, or the the diſtrict of Montreal, being 


EY Lfuated by, the ſame principles, and fully 


perſuaded. that, from your knowledge of 
the, country, and known good diſpoſition 
N DW towards 


8 4 . * { 
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| ( 246] 
towards it, you will intereſt yourſelf in 
promoting any eſtabliſhment for its welfare, 
is preſumed to trouble you with a peti- 
tion to the king, figned by the inhabitants 
of this diſtrict, and a memorial to lord 
* Dartmouth, which we beg you will deliver 
to his lordſhip, and take ſuch further mea- 
* ſures as may conduce to the accompliſh- 

ment of the undertaking. 

As the ſucceſs of our endeavours muſt 
greatly depend upon you, we earneſtly in- 
* treat that you will be pleaſed to repreſent 
the neceſſity of the meaſure to his lordſhip, 
in ſuch a manner as ſhall appear to you 
© moſt proper, and you will confer a laſting 
* obligation on the inhabitants of this pro- 
* vince, which will be ever gratefully re- 
membered by them. 

We have the honour to be, with the 
greateſt regard and eſteem, 


£.S IR; | 
© Your moſt obedient, 
humble ſervants, 6 


Ln) 


La) 


x 
* 
* 


James Finlay 
James M Gill, 
Edward Antill, 
Edward Chinn, 
Edward William Gray, 

R. Huntley, 


I William Haywood, a C 


: Lawrence Ermatinger. 
© 70 Francis Maſeres, Eſq; 3 
And 


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1 
And on the rgth of March, 1774, Mr. 
Maſeres returned them an anſwer to their 


letters, which was as follows: 


Inner Temple, March 19, 1774. 


© GENTLEMEN, 


: Have preſented the papers you have done 
me the honour of tranſmitting to me, 
concerning your deſire of having an houſe of 


© aſſembly in the province of Quebeck, to 


my lord Dartmouth, and have waited upon 


his lordſhip at his levee ſince I did ſo, But 
his lordſhip has not informed me of the 
ſentiments of himſelf, or any other of his 


* majeſty's miniſters of ſtate, concerning your 
requeſt: ſo that I cannot yet tranſmit to 
op any information upon that ſubje&, 
ut I conjecture, that his majeſty's ſervants 
are of opinion, that the ſtate of the province 
is not yet quite ripe for the eſtabliſhmept of 
an aſſembly, and that they rather incline, 


for the preſent, to ſupply the want of one 
by eſtabliſhing a legiſlative council, nomi- 
nated by the king, with ſufficient powers 


to do the neceſſary bufineſs of the province 


q till the more natural and conftitutional meas 
ſure of a general aſſembly ſhall appear to 


| 3 them more practicable, If ſuch a council 


* ſhould be cſtabliſhed, 1 hope it will be made 
0 HR 2 5 C as 


(36 ] 


as popular and independent as may be, that 
it may be reſpected by the people, and act 
agreeably to their ſenſe and true. intereſts. 
With a view to which, I have ſuggeſted to 
his majeſty's miniſters, and others, that it 
would be expedient that the members of it 
ſhould be thirty-one in number, and not 
either removeable or ſuſpendible by the 


governour ; and that ſeventeen of them 
ſhould be neceſſary to make a houſe, and do 


buſineſs ; and that a fortnight's notice ſhould 
be given in the Quebeck gazette before 
every meeting of them, to preyent the go- 
vernour's packing them; and that every 
member ſhould be at liberty to propoſe a 
bill in it, as well as to aſſent to thoſe pro- 
poſed by the governour ; and that it ſhould 
not have the power of laying taxes, but 
only that of making laws; and that it 
ſhould conſiſt only of proteſtants. But 
whether this plan is approved or not by his 
majeſty's miniſters, I know not.“ If it 
ſhould be approved, and carried into exe- 
cution, I confeſs I ſhould think the inhabi- 
tants of the province would be likely to be 
governed more happily under it for ſeven or 
eight years to come, than under the influ- 
ence of an aſſembly into which the papiſts 
ſhould be admitted. As to an aſſembly of 


proteſtants only, I ſee no objection to the 
eſtabliſhment of one, but the danger of 


$ diſobliging 


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[ 37 ] 


it * difobliging the Catholicks of the province, 
Xt WW © who are fo much ſuperiour in number. If 
s. that can be got over, and the Catholicks 
oO (can be brought to acquieſce in the erection 
it of an aſſembly in which they are not per- 
it WF mitted to ſit, by indulging them with the 
ot liberty of voting in the election of the mem- 
1 bers of it, as I remember to have heard 
m; - ſome gentlemen ſuggeſt when I was in the 
10 province, Or by ſome other compr omiſe Or 
Id * expedient, I ſhould be very glad to ſee your 
re 5 petition for an aſſembly immediately com- 
o- © plied with, as indeed I ſuppoſe it would in 
ry that caſe be. But whatever may be m 
2 RF own opinions upon this ſubject, I ſhall al- 
O- RR ways faithfully and chearfully repreſent 
Id your's to the king's miniſters, and deliver 
ut ſuch papers and meſſages as you ſhall think 
it proper to entruſt to me. And in order to 
ut facilitate the attainment of your wiſhes, I 
1s here beg leave to hint to you, that I believe 
it (it would greatly contribute to that end, if 
e- © you would previouſly declare, that you con- 
di- ceive the Britiſh parliament to have a com- 
be RR © pleat legiſlative authority over the province 
or of Quebeck, and that ſuch authority will 
u- continue after the eſtabliſhment of an aſ- 
its © ſembly; and that you, and the other peti- 
of a © tioners, are willing that every member of 
he WW © fuch future afſembly ſhould be required to 
of recognize the ſaid ſupreme authority in 
ng - 3 


” every 


oh 


[ 33 ] 


every article whatſoeyer, both of legiſlation 
and taxation, in the plaineſt and ſtrongeſt 
terms, before he is permitted to take his 
ſeat. Such a previous declaration would 
greatly tend to remove the prejudices now 
ſubſiſting in the minds of many people in 
England againſt the erection of new houſes 
of aſſembly in America, ariſing from the 
conduct of the aſſembly at Boſton, and in 
others of the American provinces, in totally 
denying the ſupreme authority of parlia- 
ment, and thereby diſmembering Eo di- 
viding, as much as in them lies, the Bri- 
tiſh empire into ſo many diſtin& and ſeparate 
ſtates, independent of each other, though 
ſubject to the ſame king, like the electorate 
of Hanover. I know nothing that would 
contribute more to your obtaining an afſem- 
bly, than your making a declaration of this 
kind. I hope ſoon to wait on lord Dart- 
mouth again, and to hear from his lordſhip 
the king's anſwer to your petition. When 
I have received it, I will tranſmit it to you 
without delay. In the mean time, I return 
you my ſincere thanks for the honour you 
have done me, in approving my ej gn 
for the ſettlement of the province of 

beck, and your declaration of your be ele 
that I am heartily intereſted in that good 

* cauſe, to which I ſhall always think it the 
1 glory of my life to have contributed, 


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if any of the meaſures I have propoſed: for 
that — ſhould hereafter be adopted, 
y "ave at preſent I ſee but little reaſon to 
«. flatter myſelf that Hop will be ſo. I re- 
© main, with great regard. 271 ich Hearſt 


' Gentlemen, Ot. 
« Your moſt ai FFF 

c and humble ſervant, 

"6 FRANCIS MaASERES. 


Fo the committee of 
the petitioners for 

an i _ 

| 8 e | 

; 4 


L „is. „ 


1 


From the ling mp 92 titions, 
and letters, it appears in the firſt en that 
ſeveral of the principal French inhabitants of 
Quebeck, (as Monſieur Deſcheneaux, Mon- 
fieur Marcoux, Monſieur Petras, and: Monſieur 
Cugnet, &c.) were inclined to. 3oin with: the 
Engliſh inhabitants in for a houſe of 
afſembly, though, out of reſpect to the ſenti- 
ments of a majority of their countrymen who 
were of a different opinion. they. at. laſt de- 
7 chined doing ſo. 

= And, ſecondly, it l che Engliſh 
7 in have acted on this «the Bug 
great moderation with reſpect to their new 
fellow ſubjects the Canadians, by declaring, 
in mas — to the king s majeſty, that 


they 


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they are willing to accept of an aſſembly of 
ſuch form and conſtitution as his | majeſty, in 
his royal wiſdom, ſhall think fit to eftablifh ; 
and thereby intimating, that if his majeſty 
ſhall think fit to admit ſome Roman-Catholick 
members to ſit in it, they ſhould make no 
objection to it, notwithſtanding the hopes 
they might have hitherto entertained of being 
governed by an aſſembly conſiſting of pro- 
teſtant members only, in purſuance of the 
directions given by his majeſty upon that 
head, in his two commiſſions of governour 
in chief of the province to general CANE 
and general Carleton, and in conformity, as 
they had conceived, to the fundamental max- 
ims and conſtitution of the Britiſh govern- 
ment. They could not, however, be pre- 
vailed on to go a ſtep further in this courſe, 
and join with the "Canadians in deſiring his 
majeſty to lay aſide the diſtinction of pro- 
teſtants and papiſts in forming an aſſembly, 
and to admit perſons of both religions into it 
indiſcriminately, though, if his majeſty ſnould, 
(for reaſons unknown to them, or of which 
they did not perceive the force,) think fit to 
do . they were ready to acquieſce in his 
deciſion. And this refuſal to join with the 
Canadians in that requeſt was, as I have been 
credibly informed, the true reaſon why thoſe 
Canadians who had expreſſed a liking Lot the 
government of an aſſembly, refuſed. to join 
with the Engliſh in their nn endeavours 
to obtain one. 


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Con- 


W Concerning the Eſtabliſhment. of a 
= Legiſlative 9 in the Province 
of Quebeck. 


HE thought of eſtablithing A legiſlative 
council in the province of Quebeck, 
inflead of an aſſembly, took its riſe as follows. 
By the commiſſions of captain-general and 
governour in chief of that province; fucceſſively 
Woranted to general Marrs and general Carle- 
on, the king had empowered the e governour, 
as ſoon as the fituation and circamiſtances of 
the province would admit thereof, — —.— 
and as often as need ſhall require, to call a 
ral aſſembly of the freeholders of the pere, 
in ſuch manner as he, the faid governour, in 
his diſcretion, ſhould judge moſt proper, of 
according to ſuch — powers, inſtructions 
and authorities, as ſhould be at any time 
= thereafter given to him under his majeſty's 
f gnet or fign manual, or by his order in his 
privy council. And in the following clauſes 
of the ſaid commiſſions, his majeſty had di- 
rected, that the members of ſuch aſſembly 
ſhoold take the oaths appointed by the ſtatute 
of the iſt of George I. that is, the oath of 
2 ot; rm the oath of abjuration of the pope's 
Y G authority, 


4 N 


4 B ABAS NFPSgN I 


, - al 


42 
authority, and 4 oath of abjuration of the 


pretender's right to the crown, and ſhould” 


make and ſubſcribe the declaration againſt 
tranſubſtantiation; and then had given power 
and authority to the governour, with tho 
advice ard conſent of his majeſty's council of 
the ſaid province, and the 10 embly, ſo elected 
and qualified, to make laws, ſtatutes, and 
ordinances, for the public peace, — 
and good government of the ſaid province. 
The council of the province was not 5 
bliſhed by the commiſſion of the governour 
under = great ſeal, . (which ſeems. rather 
ſtrange ; nor do I know the reaſon, of it;) 
but by his majeſty's inſtructions under his 


ſignet and ſign manual, The members of it 


have hitherto. been twelve. in number; and 


five have been ſufficient to make a board, and 


tranſact buſineſs. And it has often happened, 
that not more than five have been preſent at 
the councils that have been held in the pro- 
vince: but in general, there have been fix 
members preſent at them, and ſometimes, 
though but ſeldom, as I remember, ſenen or 
eight. 8 

By reaſon of the great number of Roman- 
Catholicks in the province, who could not 
take the oath of abjuration of the -pope's 

authority, and make the declaration againſt 
tranſubſtantiation, and who. therefore muſt 
have been excluded from the afſemblyz-and 
by reaſon alſo of the * number of pro- 


teſtant 0 


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ce i teſtant inhabitants in the provinee, who had 

d become freeholders of the province; or owners: 

i | of landed property in it, his majeſty had judged 
Wit to be hitherto ern 10 ſummon 


3 8 eneral aſſembly. US eig D rn! 1 OT 
Vet, that the province might not be totally 


0 Without a legiſlature in it to regulate the inha- 
d bitants of it upon a variety of emergencies 
Gy that muſt neceffarily ariſe in it in the ordinary 
5 courſe of human affairs, it ſeemed neceſſary 
a- co delegate a power bf legiſlation of ſome kind 
ir or other, to ſome perſon, or PO n! 
«= * the province: 
and accordingly his majeſty; by: an — 
** tion to his governour under his royal fighet 
it ind ſign manual, did empower bis ſaid g- 
d ernour, before and until an aſſembiy of the 
d rrecholders ſhould be ſummoned to exerciſe 
d, a certain very limited legiflative authority in 
at che province, by and with the advice and con- 
- ent of the councit'of the province only, ant 
ax without the conturrence of an aſſembly; to 
'S wit, „an authority to make fuck rules and 
Or 


& regulations às ſhould appear to be neceffaty 


© of the ſaid province; taleing edre that no- 
ot © thing be paſſed or done that ſhall any Ways 
e's * tend to affect the life; limb, or hberty of tie 
md = fubject, or 46: WE! peng any N or 
ut taxes.“ üg At onob sd ot 
nd But no mention " made im the povemnalien 
o- commiſſion under the great ſeal of Great 
mt 


4 for the peace, order, and good governmelit 


G. 2 | Britain, 


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44! 
Britain, of any ſuch power of making rules 


and regulations for the province with the 
conſent of the council only. 5 1 


Two obſervations naturally occur concern- 
ing this limited legiſlative authority thus dele- 
gated to the governour and council by his 
majeſty's ſaid inſtruction. n. 

In the firſt place, it may be doubted whe- 
ther a power of this kind could be legally 
communicated to the governour by any other 
inſtrument than letters patent under the great 
ſeal of Great-Britain, publickly read and no- 
tified to the people, to the end that the acts 
done by virtue of them may have a juſt claim 
to their obedience. For otherwiſe they might 
alledge, that they were, faithful and loyal ſuh+ 
jects of his majeſty, and ready to pay obedi- 
ence to every thing that his majeſty's ſelf ſhall 
ordain for . and likewiſe to every thing 
that ſhall be ordained for them by his mas 
jeſty's governour of the province, by virtue of 
powers properly communicated to him by his 
majeſty: that, conſequently, they will obey 
him in every thing that he ſhall do by virtue 
of the powers conveyed to him in his majeſtyꝰs 
commiſſion of governour under the great ſeal 
of Great-Britain, which had been publickly 
thewn and read to them; but that in things 


not warranted by the ſaid commiſſion, but faid Wl 
to be done in purſuance of certain private 


inſtructions that had not been made known to 
them, and which they are therefore uncertaip 


whether 


( 48 3 


whether he has received or not, they cannot 
preſume. that he acts by his majeſty's autho- 
W rity, and therefore are not bound to obey him. 
And if this ene is juſt, as it appears to 
ne to be, the conſequence muſt be, that the 
private inſtruction before mentioned could not 
have legally conveyed to the governour and 
council of the province the legiſlative autho- 
rity mentioned. in it, ſmall and narrow as, 3 
Was. ere = 434 

| And, in the ſecond place, if. a private ins 
ſtruction, under the king's. ſignet and- ſign- 
manual, ſhould be deemed to be a legal me- 
Wl thod of communicating a legiſlative authority, 
et the power conveyed to the governour and 
Wouncil of the province by the inſtruction 
bove- mentioned, was evidently too narrow 
for the purpoſes of good government, ſince it 
i almoſt impoſſible to make an effectual regu, 
lation dpon any ſubject without in ſome de- 
gree affè ding, if not the life or limb, yet 
at leaſt the liberty of the Pen, who are to 
be bound by it. | 

It —Y therefore. to be neceſlary to pro» 

vide ſome more adequate legiſlature for the 
province, and to eſtabliſh it in a manner that 
could be liable to no objection. 

Si different methods of doing this had 


1 occurred to thoſe perſons who had had occa- 
(on to reflect upon this ſubject. The firſt 
vas to ſummon an aſſembly conſiſting of pro- 
1 ene, only, r to the king's com- 


miſſions | 


[ 46 ] 


miſſions of- governour in chief to gener: 
Murray and general Carleton, and to Hal 
was underſtood by the Britiſh inhabitants .of 
the province to have been promiſed by the 
proclamation of October 1763. The _—_— 
to ſummon an aſſembly conſifting of x 
teſtants and Roman-Catholicks I ſeri 
nately. The third, to ſummon an afſembly 
conſiſting of a majority of -proteſtants, but 
with an admiſſion of a limited number of 
Roman-Catholicks. The fourth, to delegate 
to the governour and council only, without 
an aſſembly, a power to make laws to bind 


the province; and, in order to make the 
council more reſpectable in the eyes of the 


people, to increafe the number of its mem- 
bers, but with an exclufion of Roman-Ca- 
tholicks, in purſuance of the directions of 
the - governour's commiſſion with reſpect to 
the council already ſubſiſting in the province; 
The fifth, to delegate ſuch à legiſlative 
to the governour and-council fo increaſed in 
number, but with an admiflion of Roman- 
Catholicks and proteſtants into it indiſerimi- 
nately. And ts fixth and laſt, to delegate 
ſuch a power to the governour and council ſo 
increaſed in number, with an admifſion of 
only a certain number or Roman-Catholicks 
into it. 

Of theſe ſix different Seide of legilatures 
for that province, the three firſt, which pro- 


poſed to eftabliſh an aſſembly of fome feind 


Or 


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L 47 I 


Wor other, were diſapproved by the-greater part 
of his majeſty's miniſters; the earl of Hills. 
emed inclined to any of them. The other 

| Þ Winters all turned their thoughts to a legiſla- 
ive council. This being therefore the mea- 
ure that ſeemed likely to take place, Mr. 
Maſeres endeavoured to contrive a legiſlative 
Wc ouncil of as free and independent a gonſti- 
Nation as he could; to the end that their pro- 
eedings might be reſpected. by the people, 
nd their ordinances be readily obeyed by 
em, as being the reſult of their own free 
eentiments and unbiaſſed deliberations for the 
elfare and improvement of the province, 
Wn icad of the effect of a flaviſh compliance 
Sith the dictates of the governour. With this 
iew, after converſing upon the ſubject with 
Mr. Thomas Walker of Montreal, and Mr. 
ohn Paterſon of Quebeck, two eminent 
Engliſh merchants ſettled at thoſe places, and 
non lovers of liberty and the Engliſh con- 
litution, he prepared a draught of an act of 
arliament for eſtabliſhing a legiſlative council 
f the free and independent nature above- 
nentioned, in the province; in which it was 


8 S 5 


7. 8 8 2 


2 provided, that the number of members in 
he council already in being ſhould be in- 
reaſed from twelve to thirty-one ; and that 
be members of it ſhould be quite indepen- 
ent of the governour, inſtead of being liable 
s be ſuſpended by him, as they had hitherto 
= : | been; 


LF 3 
been; and that they ſhould ſign their names 
in the regiſter-books of the council to the 
ordinances for which they ſhould vote; and 
that ſeventeen of them ſhould be neceſſary to 
do buſineſs as a legiſlative body; and that 
they ſhould be paid for their attendance, in 
order to induce them to attend in conſiderable 
numbers; and that there ſhould be a fort- 
night's notice given in the Quebeck gazette 
of every intended meeting of the council: 
and by the particular deſire of Mr. Walker 
and Mr. Paterſon, (as Mr. Maſeres thankfully 
acknowledpes,) it was further provided, that 
they ſhould have no power whatſoever of im- 
poſing taxes in the province. And, laſtly, it was 
provided, that this unuſual inſtrument of go- 
vernment ſhould continue only for 7 years, to 
the end that the inhabitants of the provinee 
might always have within their view, and that 
too at no great diſtanceof time, the accomphſh- 
ment of the royal promiſe made to them by 
the proclamation of October 1763, of being 
governed, with reſpect to matters of legiſla- 
tion, by an aſſembly of the freeholders of the 
province, as ſoon as the ſituation and eireum- 
fances of the province would permit. With theſe 
proviſions, and the other precautions taken in 
this draught to make the legiſlative council as 
free and independent as poſhble, and as fit as 
might be to become a temporary ſubſtitute for 
the more conſtitutional mode of government 
by an aſſembly of the freeholders, thoſe gen- 
| | tlemen 


[ 49 J 


tlemen did declare, that they were wilkng to 
acquieſce under it, and did conſider it as a leſs 
dangerous inſtrument of government, for a 
ſmall number of years to come, than an 
aſſembly compoſed indiſcriminately of pro- 
teſtants and Roman-Catholicks, though far 
inferiour in freedom, and utility to an aſſembly 
compoſed of proteſtants only, agreeably to 
what the king had twice expreſsly directed 
in his commiſſions of governour of the pro- 
vince, and to what they had underſtood to 
have been meant, though it was not di- 
ſtinctly expreſſed, by 9 promiſe of an 
aſſembly in the royal proclamation of October 
1763. In this draught of an act of parliament 
for eſtabliſhing a legiſlative council in the 
province for ſeven years, the preamble was 
purpoſely made very long, in order to ſhew 
the grounds and reaſons upon which it was 
ſuppoſed that ſo extraordinary a meaſure was 
become expedient, and in conſequence of 
which it might be expected that it would be 
chearfully acquieſced in, for a few years to 
come, by both the French and Engliſh inha- 
bitants of the province. 
This draught was as follows. 


H DaAudEHT 


1 


Dravecnr of an Act of Par- 
liament for inveſting the 
Governour and Council of 
the Province of Quebeck, 
without an Aſſembly of 
the Freeholders of the 
ſame, with a. Power of 
making Laws and Ordi- 
nances for the Peace, Wel- 
fare, and good Govern- 

\ ment of the ſaid Province 


during the Space of Seven 
Years. 


4 


Preamble. HEREAS his moſt excel- 


lent majeſty, the now king, 

by his letters patent, under the great 

ſeal of this kingdom, bearing date 

the twenty-firſt day of November, 

in the fourth year of his reign, and 

Power grant- in the year of our Lord Chriſt, one 


ed to gover- 


nour Murray, thouſand, ſeven hundr ed, and ſixty- 
with the con- 


ee he three, appointing the honourable 


council of the James Murr ay, eſquire, to be cap- 
province, to 


bell an allem. tain- general and governour in chief 
bly. in and over the province of Quebeck 
in North-America, then lately ceded 


to 


[ & F 


to the crown of Great-Britain b 


the French king by the definitive 


treaty of peace concluded at Paris 
in the month of February of the 
ſame year, was pleaſed to grant 


unto him, the ſaid James Murray, 


a power, with the advice and con- 
ſent of his majeſty's council of the 


ſaid province, ſo foon as the fitu- 


ation and circumſtances of the ſaid 


province would admit thereof, and 


when and as often as need ſhould 


require, to ſummon and call gene- 


ral aſſemblies of the freeholders and 
planters in the ſaid province: 

And his faid majeſty was thereby 
further pleaſed to direct the ſaid 
governour to require the perſons 
thereupon duly elected by the ma- 
jor part of the freeholders of the 
reſpective pariſhes or precincts of 
the ſaid province, and ſo returned, 
to take the oaths mentioned in a 
certain act of parliament paſſed in 
the firſt year of the reign of king 


Oaths and de- 
claration to 

be required of 
the members 
of ſuch aſſem 


bly. 


George the firſt, and intitled, An 
att for the further ſecurity of bis ma- 


Jeſly's perſon and government, and the 
ſucceſſion of the crown in the heirs of 
the late princeſs Sophia, being pro- 
teflants, and for extinguiſhing the 
hopes of the pretended prince of Wales, 

| 2 and 


Legiſlative 
power grant- 
ed to the ſaid 
governour, to 
be exerciſed 
with the ad- 
vice and con- 
ſent of the 
council of the 
ſaid province 
and ſuch al- 
ſembly. 


L 52 ] 
and bis open * ſecret abettors; and 
likewiſe to make and ſubſcribe the 
declaration againſt the Romiſh doc- 
trine of tranſubſtantiation mention- 
ed in an act of parliament made in 
the twenty-fifth year of the reign 
of king Charles the ſecond, intitled, 
* An act for preventing Jangers whi ch 


may happen from popiſh recuſants ;” 
before they are permitted to fit in 


the ſaid aflemblies : 

And was pleaſed to impower the . 
ſaid governour, by and with the 
advice and conſent of his majeſty's 
council of the ſaid province and 
ſuch aſſembly as | aforelald, or the 
major part of them, having previ- 
ouſly qualified themſelves in the 
manner aforeſaid, to make, conſti- 


tute, and ordain, laws: ſatutes, and 


ordinances, for the publick peace, 


welfare, and good government of 


the ſaid province, and of the people 
and inhabitants thereof, and of 
ſuch other perſons: as ſhould reſort 
thereunto, and for the benefit of 
his faid majeſty, his heirs and ſuc- | 
ceſſors, taking care that the ſaid 
laws, ſtatutes, and ordinances, 
ſhould not be repugnant, but, as 
near as may be, agreeable, to the 
laws and ſtatutes of this kingdom: 

| And 


TW] 


And afterwards his aid a 
was pleaſed to give the fame pow- 
ers, authorities, and directions, to 
Guy Carleton, eſquire, the preſent 
governour in chief of the ſaid pro- 
vince, by other letters patent un- 
der the great ſeal of Great-Britain, 
to the ſame purport and effect as 
thoſe above- mentioned: 

And whereas it hath not hitherto 
been found practicable, by reaſon 
of the general prevalence of the 
Romiſh ſuperſtition amongſt his 
majeſty's new Canadian ſubjects in 
the ſaid province, to ſummon and 
call a general aſſembly of the free- 
holders and planters in the ſame, 
that are willing to qualify them- 
ſelves to ſit in ſuch aſſembly in the 
manner above-mentioned, by tak- 
ing the oaths above-mentioned, and 


taking and ſubſcribing the declara- 


tion aforeſaid, without too much 
reſtraining the freedom of election 
of the ſaid new ſubjets, by re- 
ducing them to a neceſſity of chu- 
ling proteſtant re of 
whom it may often happen that 
they ſhall have but little know- 
ledge, in preference to Roman- 
Catholicks of their neighbourhood 
and antient acquaintance, in whom 

they 


The like 
power and ai. 
rections were 
afterwards © 
granted to 
governour 
Carleton. 


Difficulty of ' 
procuring an 
aſſembly qua- 
ified as above, 
by reaſon of 
the general 
prevalence of 
the Romiſh 
ſuperſtition. 


Inexpedience 
of calling any 
aſſembly at | 


4 way" i 


Want of a ſuf- 
ficient legiſla- 
tive authority 
in the gover- 
nour and 
council with- 
out an aſſem- 
bly, for the 
good govern- 
ment of the 
province, 


„ 


they may place a great confidence: 


and for divers other reaſons it is 


not thought expedient as yet to 
ſummon an aſſembly in that pro- 
vince: | 

And whereas no power of mak- 
ing .laws and ordinances for the 
ſaid province, hath hitherto been 
granted by his ſaid molt excellent 
majeſty, to the governour and 
council of the ſaid province only, 
without the concurrence of an 
aſſembly of the ſame, by either of 
the above-mentioned two com- 
miſſions of captain-general and 
governour in chief of the ſaid pro- 
vince, or by any other inſtrument 
under the great ſeal of this king- 
dom: but only an inſtruction hath 


been given by his ſaid majeſty, to 


His ſaid governours, under his ma- 
jeſty's ſignet and ſign- manual, com- 
municating, or purporting to com- 
municate, to the ſaid governours, a 
certain very limited legiſlative au- 
thority, to be exerciſed by them by 
and with the advice and conſent of 
the council of the ſaid province 
only, without an aſſembly, to wit, 
an authority to make ſuch rules and 
regulations as ſhall appear to be 


neceſſary for the peace, order, and 


. goal 


GGG ES. | ami fads 6 


kak awd. bps _ © 


Lo 


good government of the ſaid pro- 
vince, taking care that nothing be 
paſſed or done that ſhall any ways 
tend to affect the life, limb, or 
liberty of the ſubject, or to the 
impoſing any duties or taxes: and 
this legiſlative authority has been 
found, by the experience of ſeveral 


years, to be too narrow for the pur- 


{aid province : | | 

And whereas it will therefore 
contribute to the welfare and good 
government of the ſaid province 
for the time to come, until ſuch 
time as it ſhall be thought expedi- 
ent. by the king's majeſty to ſum- 
mon a general aſſembly of the free- 
holders of the ſame, that a more 


poſes of good government in the 


ample legiſlative authority ſhould 


be delegated to his majeſty's go- 
vernour and council of the ſame: 
and, for that purpoſe, that the 
number of members of the faid 
council (which has hitherto been 
only twelve,) ſhould be conſide- 
rably increaſed; and that their 
offices of counſellors to his ma- 
jeſty for the ſaid province ſhould be 
made independent of the governour 
of the ſame: to the end that they 
may not only act with freedom in 
| their 


Expediency 
of delegating 
a more ample 


legiſlative 


authority to 
the governour 
and council 


only. 


And making 
the ſaid coun- 
cil more nu- 
merous than 
it is at preſent, 
and indepen. 
dant of the 
governour. 


1 


their deliberations for the good of 
the ſaid province, but alſo be ge- 
nerally thought to do ſo by his 
majeſty's ſubjects in the ſame, and 
may, in conſequence of their juſt 
and wiſe conduct in the exerciſe of 
this\high authority for the welfars 
and good government of the ſaid 
province, become the . objects of 
general eſteem and reverence in the 
ſame : 
Such alegilla- And whereas the eſtabliſhment 
likely to be Of ſuch a legiſlative council in the 
more te See ſaid province is not likely to give 
Britiſh inha- any diſguſt, or offence, to thoſe of 
1 7 his majeſty's antient Britiſh ſubjects 
2 than an afſem- who are already ſettled in the ſaid 


— — 2 province, or who may hereafter 
Catholicks reſort thither, but rather to be 
ſhall be ad- 3 | 
mitted. thought a juſt and neceſſary mea- 


ſure by them, and much leſs dan- 
gerous to their liberties and wel- 
fare than the immediate conſtitu- 
tion of an aſſembly of the free- 
holders and planters of the faid 
province, if, (contrary to the di- 
rections of his majeſty's commiſſion? 
of captain-general ' and governour 

in chief of the ſaid province, a- 
bove-mentioned,) any Roman-Ca- 

- tholick members ſhould be ad- 
| | mitted 


+ 


* ; 


| 1 


mitted into it; provided the autho- oO ol 
rity delegated to ſuch legiſlative impowered to 
council be only that of making gie To * 
laws and ordinances for the welfare but not to im- 
and good government of the ſaid bog taxes. 
province, and not that of impoſing 
any 'duties, or taxes, on the inha- 
bitants of the ſame, which they 
conceive to bea power much more - 
liable to be abuſed than the for- 
mer, and conſequently leſs fit to be 
intruſted to any perſons in the ſaid 
province, (of what rank or perſonal 
character whatſoever,) that are not 
the expreſs repreſentatives of the 
freeholders and inhabitants of the 
ſame; and provided alſo that the And that ſuck 
eſtabliſhment of ſuch legiſlative ei de 


| council 
council be made only. for a ſmall continued 
number of years, and until it ſhall {mall number 
be thought practicable and expedi- 2 Years, and 
ent to erect a proteſtant aſſembly expedient to 
in the ſaid province, agreeably to rr ho” 
his majeſty's . commiſſion of cap- proteſtants. 
tain-general and governour in chief 
above-mentioned, and to the ge- 
neral practice obſerved in all the 
other Britiſh provinces in North- 
America: ek : 

And whereas the eſtabliſhment Ang ſuch a 

8 | OM” egitlative 

of ſuch a legiſlative council in the council is 
faid province is likely to be more ly to te 


agreeable 


more agret- ' 


» 
no _— ay 


8 ws M7 
a » 2+ >. : * 
apes om —o_——m— ˖—— n 15 * * ** = 
r Ka ˙ 
* -, apa 


1m] 


Sehe the agreeable to his majeſty's new Ca- 
the {aid pre- Nadian ſubjects in the fame than 
vince than #Þ. the conſtitution of an aſſembly of 
alembly con- 3 5 | 
fitting of only the freeholders and planters of the 

Shaembes. ſaid province that ſhould conſiſt 

only of proteſtant members, agree- 
ably to the directions of his ma- 
jeſty's commiſſion of captain- gene- 
ral and governour in chief above- 
mentioned, by reaſon that in the 
preſent ſtate of the ſaid province, 
and during the general prevalence 
of the Roman-Catholick religion 
in the ſame, very few of the ſaid 
Canadians could become members 
of ſuch afſembly : 
of the g-> And whereas in the time of the 
Canada dur- French government of the country 
ing it's fub- of Canada, or New France, of which 
French King. the aforeſaid province of Quebeck 
then made only a part, the autho- 
rity of the French king was in- 
truſted principally to three officers 
of great diſtinction; to wit, firſt, 
the military governour, called Go- 

The Gover- vernour and heutenant-general for the 

— king in the ſaid country; and, ſe- 6 

condly, the principal officer of the 

civil government in the ſame, called 

oy n- | the Intenaant of juſtice, police, and 
—_ * revenue in the ſame; and, thirdly, 

2 of the biſhop of Quebeck; and a 

council 


8 


11 . 


council nominated by the faid 
French king, called 2 
council, or ſuperiour council, of Que- 
beck, which conſiſted of the ſaid 
three great officers and twelve other 
members, of whom eleven were 
laymen, and one was in holy 
orders: „ | 
And the ſaid intendant of juſtice, 
police, and revenue, was authoriſed 
by his commiſſion from the faid 
French king, not only to exerciſe 
a very great judicial power in the 
ſaid country in all matters what- 
ſoever appertaining to the admini- 
ſtration of juſtice, both criminal 


and civil, but alſo to exerciſe a con- 


ſovereign 


The Supe- 
riour council. 


50 


Power of the 
Intendant and 
Superiour 
council to 
make regula- 
tions for the 
general po- 
lice, or good 
government 
of the ſaid 
country. 


ſiderable degree of legiſlative power 


in the ſame, namely, to make, in 
conjunction with the ſaid ſovereign, 
or ſuperiour, council, of Quebeck, 


all ſuch regulations as he ſhould 


judge to be neceſſary for the gene- 


ral police, or good government, of 
the ſaid country ; and, in caſe he 


ſhould judge it to be more expedi- 


ent for the ſervice of the French 


king to proceed herein without the 
ſaid council, to make the ſaid re- 
gulations by his own ſingle autho- 
rity, without the concurrence of the 
ſaid council, if the ſaid regulations 
related only to civil matters: 
a => And 


Power of the 
Intendant to 
make fuch re- 
gulations by 
his own ſingle . 
authority in 
civil matters, 


„ welg 


— 5 EE Cee” 
- 2 . 
— r * * 


rr 

, 2 — 
„ 
= DE 6 x QC < 22 


8 A rr 4 
. = — — — = —— #- 4= — _ + norm — a & LP 
a * — — — % W ® s 
Fn 2 -£ A - a — —— = ako Ls > 
A — 32 1 - - — = — 4 - - v 
— — o — x K 9 26 Fa , PR * 3 a 8 2 * — — 22 Ig * 4 
2 8 a a * — x Sw 2 - - FT 4 * 8 7 8 — 
- — — = = 2 — a 23 3 n - * - 9 9 —b ++ YR * — K * 5 
— Ce en AE. 5." .- „„ — CT WM 3 — a , : - — w — 
— „ AN 2 Ha H 1 — 2 7 = 2 - = 5 ä 9 ad 4 ˙— Rn = — . . aan an gen 
— —_— . DE => 4, . — x. > © eh. a 8 2 :* 1 5 24 2. — 4 — — * 
75 8 5 : wo. + 3 — of IJ * * k — . d Sie 
— Y 2 
—— — - = J : 2 4 g 5 
r > — 8 dom — « cs « N - 
1 a as 3 2 ; 


—— IE gs 


5 iS 


— RE 
— 2.e—_ « 


3 
. ” 


PP Ir Two yer 
— 22 — 
—— 


7 SN 


on 
1 ä eee eee r NT wü 2 


3 
N — 4 3 TAS 
8 * x Pe © ado; — 2 
2 * K ˙ — 


Many 1mpor- 
tant regula- 
tions were 
made for the 
ſaid country 
by the ſaid 
Intendants 
and 1 
councils. 

* 


But the ſaid 
Intendants 
and ſuperiour 
councils were 
not impower- 
ed to impoſe 
taxes in the 
ſaid country. 


The eſtabliſn- 
ment of ſuch 
a legiſlative 
council, as is 
above- men- 
tioned, bears 
a reſemblance 
to the afore- 
ſaid method 
of govern- 
ment, by the 
Intendants 
and ſuperiour 
councils, uſed 
in the ſaid 
province in 
the time of 
its ſubjection 
to the French 
king. 


199 


And many regulations of great 
importance were, accordingly, made 
in the ſaid country by the ſaid in- 
tendants and ſuperiour councils, 
and by the ſaid intendants alone, 
without the ſaid councils, which 
were chearfully ſubmitted to by 
the inhabitants of the ſaid country, 
and were carried into execution in 
the ſame: | "1 

But the ſaid intendants and ſu- 

eriour councils were never im- 
powered by the ſaid French king 
to impoſe any duties, or taxes, on 


the inhabitants of the ſaid country : 


but the ſame were impoſed only by 
the faid French king himſelf by 
his own edicts : „ FRE 
And whereas the eſtabliſhment 
of a numerous legiſlative council 
in the ſaid province of Quebeck, 
made independant of the governour 
of the ſame, and reſtrained from 
impoſing any duties, or taxes, on 
the inhabitants thereof, in the 
manner above-mentioned, bears a 
conſiderable reſemblance to the 
faid former method of government 
in the ſaid province by the autho- 
rity of the intendant and ſuperiour 

council of Quebeck, during the 
ſubjection of the ſaid province to 
| the 


[ 61 ] 


the French king ; and is evidently 


leſs likely than the ſaid former me- 
thod of government to be abuſed or 
perverted to atnbitious or oppreſſive 
purpoſes, by reaſon that the power 
thereby delagated to ſuch legiſlative 
council, to make laws and regula- 
tions for the welfare and good go- 
vernment of the ſaid province, will 
be intruſted to a greater number of 
counſelors than the ſaid ſuperiour 
council of Quebeck was compoſed 
of, and that the governours of the 
ſaid province will in no caſe what- 
ſoever be impowered to make any 
of the ſaid laws and regulations 
alone, or without the concurrence 
of the ſaid council, as the ſaid in- 
tendants were formerly authoriſed 
to do: e 
And therefore there is great rea- 
ſon to ſuppoſe that his jmajeſty's 
new Canadian ſubjects in the ſaid 
province, (who were formerly uſed 
to the ſaid method of government 
and legiſlation by the intendants 
and ſuperiour council of Quebeck, 
and were well pleaſed and ſatisfied 
therewith,) will greatly approve, 
and be fully ſatisfied with, the me-- 
thod of government herein before- 
mentioned by the ene af pre 
| ' fa 


But 1s leſs 
likel to be 
abu ed to pure 
poles of op- 
preſſion. 


And there. 

fore there is 
reaſon to hope 
that his Ma- 
jeſly's new 

Canadian ſub. 
jects will be 
ſatisfied with 
the eſtabliſh- 


2 ment of ſuch 


a legiſlative 
council. 


— 


— — — * 


— — 


* —_ = — 

—— . : 4 2 
> — < — 
— — — 


— K * XY 


„ 
— — — 
— 


A as ache ee 
* 3 


3 Ms. en a 


— o 


— — 
- — 
—— — 


{ 
' 

- 
LA 
G 

* if 
* 
1 
93 
17 1 7 
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* 
* 
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- 
7 
t 
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mh 
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U 
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Jil WM 
ny 
7 * 
7 i 
Wy 

IN 

* 

A 

[] 

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1 
1 
all 
. 5 
. 
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1 
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. 
I 
7 
4; 
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— 
— 3533 Ne r 
olds, BF ä 


— 
* 8 


"= — * 
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— P 


bs _ 
* 3 


Delegation of 
a legiſlative 
authority to 
the Governour 
and council 
of the ſaid 
province only, 
without an 
aſſembly of 
the freehol- 
ders in the 
ſame, for the 
ſpace of ſeven 


years. 


[ 62 J 


ſaid province and a numerous and 
independant legiſlative council; and 


will eſteem the eſtabliſhment of 


ſuch a council to be a juſt, and 
prudent, and falutary meaſure in 
the preſent circumſtances of the 
ſaid province: - 44 

I. IT IS THEREFORE OR: 
DAINED AND ENACTED by 
the king's moſt excellent majeſty, 
by and with the advice and conſent 


of the lords ſpiritual and temporal, | 


and the commons in parliament 
aſſembled, that for. the ſpace of _ 
{even years, to be computed from 
the firſt day of January, in the year 
of our Lord Chriſt one thouſand, 
ſeven hundred, and ſeventy-four, it 
ſhall be lawful for his majeſty's 
captain-general and governour in 
chief of the ſaid province of Que- 
beck, or, in his abſence, the lieu- 
tenant-governour, or commandex 
in chief, of the ſame, for the time 
being, by and with the advice and 
conſent of his majeſty's council of 
the ſaid province only, and without 
any aſſembly of the freeholders and 
planters of the ſame, to make, 
conſtitute, and ordain, laws, ſta- 
tutes, and ordinances, for the pub- 
lick peace, welfare, and good go- 
vernment 


7%, 


vernment of the ſaid province, and 
of the people and inhabitants there- 
of, and of ſuch other perſons as 
ſhall reſort thereunto, and for the 
benefit of his ſaid majeſty, his heirs . 
and ſucceſſors, taking care that the 
ſaid laws, ſtatutes, and ordinances, 
| ſhall not be repugnant, but, as near 
as may be, agreeable, to the laws 
and ſtatutes of this kingdom, in 
the ſame manner as the ſaid James 
Murray, by virtue of his com- 
miſſion above-mentioned, might 
have done with the conſent of both 
the council and aſſembly of the 
ſaid province. | 

1. PROVIDED always, and Provided that | 
IT 15 HEREBY FURTHER ha hall nat 1 
ENACTED, that none of the ſaid power ot im- | 

laws, ſtatutes, or ordinances, 'ſhall ans 0 OE E 
in any degree tend to the impoſing. ; 
any duties, or taxes, on the inha- 
bitants of the ſaid province; and 
that, ſo far as any of them ſhall 
have any ſuch tendency, they ſhall 
be utterly void and of no effec or 
authority whatſoever. 

III. PROVIDED AISO, gt ember of, 
IT 1S HEREBY FURTHER Timers of 
ENACTED, that the ſaid council council. N 
of the ſaid province ſhall for the 
future conſiſt of thirty-one mem- 

bers 


\ 
| 
' 


( 64 J 


bers reſident in the ſaid province, A 
They ſhall Who ſhall qualify themſelves for 
oaths and de- the. ſaid offices by taking the oaths 
ran. mentioned in a certain act of par- 
ſubſtantiation. liament paſſed in the firſt year of 
the reign of king George the firſt, 
and intitled, An act for the further 
fecurity of his majeſtys perſon and ga- 
vernment, and the ſucceſſion of the 
crown in the heirs of the late princeſs 
Sophia, being proteſtants, and for ex- 
tmguiſhing the hopes of the pretended 
prince of Wales, and his. open and 
* abettors; and by making and 
ſubſcribing the — againſt 
the Romiſh doctrine of tranſub- 
ſtantiation mentioned in an act of 
parliament made in the twenty= 
fifth year of the reign of king 
Charles the ſecond, intitled, An 
act for preventing dangers Which may 
happen from popiſh recuſants ;” before 
they are admitted to ſit in the ſaid 
council. 
IV. PROVIDED ALSO, and 
IT IS HEREBY FURTHER 
ENACTED, . that, in order to 
give validity to any new ordinance 
that ſhall be paſſed by the ſaid 
council of the ſaid province of 
Quebeck: , in purſuance of the au- 


 thority 


Ld 


3 1 
thori ity granted to them for that Number of 


pa A by this act of patliament, — ne- 
all be neceſſary that there be make ordi- 


nances. 


— at the paſſing of every ſuch 
ordinance at leaſt ſeventeen mem- 
bers of the ſaid council; and that 5 
thoſe of the members of the ſaid 
council preſent on ſuch occaſion And every 
who ſhall approve and give their 2 Led 
votes far ſach ordinance ſhall, in bY 8 "2 
_ teſtimony of ſuch their aſſent to it, for i. 
ſubſcribe their names to the origi- 
nal tranſcript of ſuch ordinance; 
which ſhall bh kept among the re- 
cords of the ſaid council, and like- | 
wiſe to two other copies of the | 1 
fame, which ſhall be tranſmitted : 
with all convenient diſpatch to his 
majeſty's ſecretary of ſtate for 
North-America, in order to be laid 
before his majeſty in his privy- 
council for his approbation or dic. 
allowance. 
V. PROVIDED ALSO, * Age —— 
IT IS HEREBY FURTHER 3 I 
ENACTED, that no- perſon ſhall ſaid council. 
be capable of being a member of 
-_ ſaid council that is not com- _ a 
pleatly thirty years old; and that Manner of 
rr 
ſhall be appointed to the ſaid office lid fcc 
of counſ _ - s majeſty 


for 


* * 


e 
. = a =. 21 


— — — 


,4 DI 
N2B2— — Ec —P 
9 - 


o — w- 8 * — 
— . 


Manner in 
which they 
may be re- 
moved from 


} 
j 


| 6-7 


for the ſaid province, either by his 
majeſty himſelf by letters patent 
under the great ſeal of Great-Bri- 
tain, or under his privy ſeal, or by 
an inſtrument in Writing under his 
ſignet and ſign manual, or by his 
governour in chief, lieutenant- 
governour, or commander in chief 
of the ſaid province for the time 
being, by letters patent under the 
publick ſeal of the ſaid province: 
and that the ſaid counſellors ſhall 
not be either removed from the 
ſaid offices of counſellors to his 
majeſty for the ſaid province, or 
ſuſpended from the exerciſe of the 
ſaid offices for any time, how ſhort 
ſoever, by the governour in chief, 
or lieutenant-governour, or com- 
mander in chief, of the ſaid pro- 
vince, but only by the king's ma- 
jeſty himſelf, his heirs and ſuc- 
ceſſors, by his or their. order in 
council. 5 "= 
VI. PROVIDED ALSO, and 
IT Is HEREBY FURTHER 
ENACTED, that, whenſoever the 
governour, or lieutenant-gover- 
nour, or commander in chief, of 
the ſaid province, ſhall think pro- 
er to ſummon a meeting of the 
council of the ſame, in order to 
deliberate 


oF - 
deliberate concerning any new law, Fourteen Gays 

or ordinance, which ſhall appear given in the 

to be neceſſary for the welfare and Sig of 84 | 

good government of the ſaid pro- meeting of 

vince, in purſuance of the autho- fades legit- 

rity granted to him by this ſtatute, 

he ſhall publiſh a proclamation for 

that purpoſe, giving due notice of. 

the day on which ſuch meeting of 

the ſaid council ſhall be holden, in 

the printed news- paper of the ſaid 

province, called the Quebeck Ga- 

zette, at leaſt fourteen days before 

the day appointed for the meeting 

of the ſaid council. And all ordi- 

nances that ſhall be made by the 

governour and the ſaid council 

without ſuch previous notice in the 

ſaid publick news- paper of the day 

on which the ſaid meeting of the 

ſaid council is to be holden, ſhall 

be utterly void and of no effect 

whatſoever, any thing herein be- 

fore mentioned to the contrary 

thereof in any wiſe notwithſtanding. xvery mem- 
VII. a TF; 18: HEREBY prof b<wms 

FURTHER ENACTED, that in co ncil ſhall 

every meeting of the aid legiſla- b bling an, 


to bring any 


tive council of the ſaid province bill into the 
for th & of mai ſame, as well 


Jaws, or ordinances, for the wel- = bill proprt- 
e! to the faid 
fare and good government of the council by the 


K 2 '© me, Governour. 


8 
- 2 


And a memo- 
rial thereof 
ſhall be enter - 
ed among 
the records o 


cil. 


N 


\ 8 
1 
| 


.t 6 Þ 


ſame, it ſhall be lawful for every 


member of the ſaid council freely - 


to propoſe and bring in, to the ſaid 
council, any bill that he ſhall ef- 
teem fit to be paſſed into a law, or 


ordinance, in order that it may be 
firſt conſidered by the ſaid council, 


and paſſed by them, and then pro- 
poſed to the governour of the ſaid 


province for his aſſent; as well as 


for the governour of the ſaid pro- 
vince to propoſe any bill that he 
may.think uſeful and fit to be paſſed 
into a law, to the ſaid council for 


their conſideration and aſſent. 


And a ſhort account, or memorial, 


of every bill ſo preſented by any 


t member of the ſaid council ſhall 
the ſaid coun- be entered by the clerk of the ſaid 


council amongſt the proceedings of 
the ſame, even though the ſaid bill 
ſhould not be approved by a ma- 
jority of the ſaid council, or, bein 

approved by ſuch majority, ſhall 


not receive the governour's aflent. 
VIII. And, in order to encou- 
rage the ſeveral members of the ſaid _ 


council to be diligent and regular 
in their attendance at the meetings 


thereof, and to defray the ex pences 


they may incur by ſuch attendance, 
and likewiſe to reward them for 


their 


191 

their uſeful labours therein for the 
public benefit of the ſuid province, 
IT IS HEREBY FURTHER 
ORDAINED AND ENACTED, 
that it ſhall. be lawful for the go- 
vernour, or licutenant-governour, 
or commander in chief, of the ſaid 
province, to iſſue his watrant to 
the receiver-general of the publick 
revenue of the ſame, to pay to 
each member of the ſaid council 
that ſhall attend any meeting of 
the ſame for the purpoſe of mak- 
ing laws and ordinances for the 
welfare and good government of 
the ſaid province, and ſhall con- 
tinue at the ſaid meeting until the 
end, or diſſolution, of the ſame, 
ſuch ſum of money, not exceeding 
two pounds of lawful money of 
Great-Britain, as he ſhall think 
proper, out of ſuch monies ariſin 
within the ſaid province, and liable 
to be applied to publick uſes in the 


ſame, as ſhall then be in the hands 


of the ſaid receiver-general ; tak- 
ing care that on every ſuch occa- 
ſion an equal ſum of money ſhall 
be paid to every counſellor who 
ſhall have ſo attended at the faid 
meeting, without any diſtinction, 
5 . or 


\ 


The mem- 
bers of the 
ſaid council 
ſhall receive 


out cf the 


public reve- 
nue of the {aid 
province a re- 
ward for their 
trouble in at- 
tending the 
mertings of 
the ſame, not 
exceed ing 
two pounds 
ſterling to 
each member 
for every at- 
tendance. 


„ 


But no one 
1 But no one or partiality; and that the money 
_ as Si paid on this account to any one 
Wn il hall re member of the ſaid council in the 


| than one hun- ſpace of one whole year ſhall never 
1 dred pounds 


1 in one year Exceed the ſum of one hundred 


W on this ac- pounds of lawful money of Great- 
1 ü Britain, although the meetings of 
—_ the ſäaid council, at which ſuch 
1 member ſhall have attended, in 
4 il that ſpace of time, ſhould Me 
2 to be more than fifty. 

wil Every mem- 


ber of the ſaid IX. And IT IS HEREBY 
council, who FURTHER ENACTED, that, 
pn E ad- 8 . . . 's 
ſent from the if any member of the ſaid legiſſa- 
RN tive council of the ſaid province 
of a year, {hall at any time be abſent from 
without the the ſaid f. R 7. 
Governour's the ſaid province for the ſpace o 

leave in writ- one whole year without having ob- 
ing for that 


purpoſe, ſhall tained a leave of abſence from the 

rherevy joſe governour in chief, or lieutenant- 

countellor. governour, or commander in chief, 
of the ſaid province, in writing, 
and cauſed the ſame to be entered 
among the records of the ſaid coun- 
cil before. his departure from the 
{aid province, his office of coun- 
ſellor to the king's majeſty for the 
ſaid province ſhall thereupon ceaſe 
and become vacant at the end of a 
year from the day of his departure 
from the ſaid province; ſo that, if 
he ſhould afterwards return into 


the 


4 


1 
the ſaid province, he ſhall be in- 
capable of ſitting and voting in the 


ſaid council, unleſs he ſhall be 


again impowered to do ſo by means 
of a new appointment to the ſaid 
office, - | 

And, if any member of the ſaid 
council, after having obtained a 
leave of abſence in writing from 
the governour of the ſaid province, 
or the lieutenant-governour, or 
commander in chief of the ſame, 
and having cauſed it to be duly 
entered in the records of the ſaid 
council before his departure from 
the ſaid province, ſhall be abſent 
from the ſaid province for the ſpace 
of one whole year beyond the time 


allowed by ſnch leave of abſence, 
his ſaid office of counſellor to the 
king's majeſty for the ſaid province 


ſhall thereupon ceaſe and become 
vacant at the expiration of the ſaid 
year beyond the time allowed in 
his ſaid leave of abſence, in the 
ſame manner as if he had at firſt 
gone out of the ſaid province with- 
out any leave of abſence from the 
governour thereof, and had con- 


tinued to be abſent from the ſame 


for more than a whole year. 


Abſence with 
the leave of 
the Gover- 
nour, if con- 
tinued for 2 
year beyond 
the time al- 
lowed by the 
ſaid leave, 
ſhall have the 


M ſame effect. 


And 


Three years And no leave of abſence from 
abſence from Res, : : i | 
the province, the ſaid province given by the go- 


. fineſs. 


C 72 ] 


Se Ger. vernour, or lieutenant-governour, 


nour's leave Or commander in chief, of the ſame, 
for the whole 7 


time) ſhall (though it ſhall have been given in 
have the ſame writing, and entered among the. 
effect of de- R 8 

priving a records of the ſaid council, as is 
member of above directed) ſhall enable any 


the (aid coun- | . g 
cil of his of. member of the ſaid council to re- 


falt of a coun- tain his ſaid office of counſellor of 
the ſaid province during more than 

three years abſence from the ſame: 

but at the end of the faid three 

years. his ſaid office af counſellor 

ſhall ceaſe and become vacant, and 

he ſhall be incapable of fitting and 

voting in the ſaid council without 

a new appointment to the ſaid office 

. of a counſellar of the ſaid province. 

Where the, X. PROVIDED always, and 


laid province IT 18 HEREBY FURTHER. 


as a legilla- ENACTED, that in all other 


tive council, matters, not relating to the mak- 
but oflly as a . 


council of ad- ing, or paſſing, any laws, ſtatutes, 


vice and affiſ- 


tance to the OL ordinances, for the (aid province, 
governour, it but to the adviſing and aſſiſting the 
ſhall be um. governour, or lieutenant-governour, 
mon ot or commander in chief thereof, in 


them the day the execution of thoſe parts of the 


before they mv 8 . 
1 commiſſion of captain- general and 


ven members governour in chief of the ſaid pro- 
ſhall be a ſuf- vi a . 
en aum. Vince in which the ſaid governour 


2 


der to do bu- is directed to act with the advice 
and 


1 75 


and aſſiſtance of the council of the 
ſame, it ſhall not be neceſſary for 
the governour of the ſaid province, 
or, in his abſence, for the lieute- 
nant-governour, or commander in 
chief, of the ſame, for the time 
being, to ſummon the whole le- 
giſlative council above- mentioned 
by a proclamation publiſhed in the 
Quebeck Gazette fourteen days he- 
fore the time appointed for the 
meeting thereof, in the manner 
above directed : but it ſhall he 
ſufficient for the faid governour, - 
or lieutenant-governour, or com- 
mander i in chief, of the ſaid pro- 
vince for the time being, to ſend 
particular ſummonſes in writing. to 
the ſeveral members of the ſaid 
council who live in the town in 
which the ſaid council is to be 
aſſembled, or within the diſtance 
of two miles from it, or, (if there 
are more than twelve of the mem- 
bers of the ſaid council refident in 
the ſaid town, or within the faid 
diſtance of it,) to any twelve of 
the ſaid members that he ſhall 
think fit, on the day immediately 
preceding that on which the ſaid 
council 18 to be aſſembled: and, 


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174 
if ſeven, or more, of the ſaid coun- 
ſellors ſo ſummoned ſhall attend 
at the ſaid meeting, it ſhall be 
lawful for the ſaid governour of 
the ſaid province, or, in his ab- 
ſence, for the lieutenant-gover- 
nour, or commander in chief, of 
the ſame, to proceed to the exe- 
cution of the aforeſaid parts of the 
ſaid commiſſion of captain- general 
and governour in chief of the ſaid 
province, by the advice and aſſiſt- 
ance of the ſaid ſeven, or more, 
members of the ſaid council, or 
the major part of them; any thing 
herein before- mentioned to the 


contrary hereof in any wiſe not- 
withſtanding. | 


A RE- 


N 


A REMARK concerning the Power 
of Taxation in the ſaid Province. 


| / : 

T remains to be conſidered by whom the 

taxes neceſſary to be levied in this province 
ſhould be impoſed. Now this, it is appre- 
hended, may beſt be done by the parliament 
of Great-Britain itſelf. A ſmall duty of about 
three-pence a gallon, upon ſpirituous liquors 
imported into the province from Great-Bri- 
tain ; another ſomewhat larger (as, perhaps, 
ſix- pence a gallon,) upon thoſe imported from 
the Weſt-India iſlands; and a third, larger 
than either of the former, (as, perhaps, a 
ſhilling a gallon,) upon thoſe imported from 
the other Britiſh colonies in North-America; 
and a moderate exciſe (of, perhaps, ſix-pence 
a gallon,) upon thoſe made in the province 
itlelf; are generally conſidered by perſons who 
are acquainted with the faid province as the 
fitteſt taxes to be raiſed in it. And many 


Pape are of 3 that theſe taxes would 
e uſeful to the ſaid province, not only in the 


firſt and moſt obvious manner, to wit, by 
producing a revenue for the maintenance of 
its civil government, but alſo by checking the 


great drunkenneſs that now prevails in it from 


the immoderate uſe of ſpirituous liquors by 
g | the 


2 * — 


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the Canadians, which is the conſequence of 


its preſent low price. Next to theſe duties, 
many people are of opinion that a certain 
ſmall tax upon houſes that was levied in the 
time of the French government in the ſaid 

rovince, and which is therefore, perhaps, in 
ſtrictneſs of law, already legally due to the 
king's majeſty, ought to be revived ; and that 
a ſmall tax (of perhaps three ſhillings a head 
by the year,) ought to be impoſed on ſuper- 
fluous horſes, of which it is generally allowed 
there is much too great a number in this 
province. When theſe, or any other more 
convenient taxes, are once eſtabliſhed by a 
competent authority, ſuch as that of the Bri- 
tiſh parliament, it will, probably, not be ne- 
ceſſary to raiſe any more taxes for ſeveral 
years; perhaps for the whole time that this 
above-mentioned legiſlative council ſhall con- 
tinue in the province: and therefore the 
government of the province may be very well 
carried on by the ſaid legiſlative council, 
though they are not inveſted with a power 


of taxation. But this is not the caſe with 


the power of making laws and ordinances: 
ſor that is a power which there will probably 
be continual occaſion to make uſe of for the 
due regulation of the ſaid province: and 
therefore there is a kind of neceſſity to dele- 
gate that authority to ſome reſpectable body 
of men, (either council or aſſembly,) reſiding 
in the ſaid province. | 3 

And, 


175 1 bh 
| And, if, (though it does not ſeem pro- 
bable) it ſhould become neceſſary to lay any 
further taxes upon the inhabitants of the ſaid 
72 during the continuance of the faid 


egiſlative council, and before the eſtabliſh- 


ment of a proteſtant aſſembly, in the ſame, 
the ſaid new taxes might be impoſed, as well 
as the firſt taxes above-mentioned, by the 
authority of the Britiſh parliament : and, in 
this caſe, it might be convenient, (in order to 
furniſh the parliament with that degree of 
information concerning the ſituation and cir- 
cumſtances of the faid province, which would 
be neceſfary to enable them to exerciſe this 
power with judgment and ability,) that the 
governour and legiſlative council of the ſaid 
province, whenever they thought that any 


new tax ought to be impoſed, ſhould draw up 


a plan, or propoſal, for the impoſition of ſu 
new tax, ſetting forth the occation there was 
tor raiſing money, the quantity of money 


neceſſary to be raiſed, and their reaſons for 


adviſing that it ſhould be raiſed by the parti- 
cular tax which they propoſe and recom- 
mend: and that they ſhould publiſh the ſaid 
plan, or propoſal, in the Quebeck gazette, 
for the information of the inhabitants of the 
{aid province, and to give them an opportu- 
nity of remonſtrating againſt it, in caſe the 

diſapprove it; and at the ſame time ſhould 
{end over a copy of it to his majeſty's ſecretary 


| majeſty 


of ſtate for America, to be laid before his 


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majeſty in council, and, if approved of by 
him, to be brought into the houſe of com- 
mons, and paſſed into an act of parliament. 
With theſe precautions it ſeems reaſonable to 
ſuppoſe that the property of the inhabitants 
of this province would be as ſecure againſt a 
wanton, or injudicious, exerciſe of the power 


of taxation, as if the taxes were to be granted 


only by an aſſembly of their own chuſing. 
/ | 3 | 


_— —_— 


* 
. = 


In the month of June, 1774, an act of par- 
liament was paſſed for the government of the 
province of Quebeck, by which a legiſlative 
council. of a different conſtitution from that. 
above deſcribed, was eſtabliſhed in the pro- 
vince, and this for an indefinite length of 
time. As this act has given much uneaſineſs 
to many of the inhabitants of that province, 
and ſeems likely to give much more if it is 
not either repealed or amended, it 1s judged 
proper to recite it here at full length. of 


11 


An Act for making more 
effectual Proviſion for the 
Government of the Pro- 


vince of Quebeck, in 
North-America. 


HEREAS his majeſty, by Preamble. I 
his royal proclamation, 
bearing date the ſeventh day of 
October, in the third year of his 
reign, thought fit to declare the 
proviſions which had been made 
in reſpe&t to certain countries, 
territories, and iſlands in America, 
ceded to his majeſty by the defini- 
tive treaty of peace, concluded at 
Paris on the tenth day of Febru- 
ary, one thouſand ſeven hundred 
and ſixty- three: and whereas, b 
the arrangements made by the ſaid 
royal proclamation, a very large 
extent of country, within which 
there were ſeveral colonies and 
ſettlements of the ſubjects of 
France, who claimed to remain 
therein under the faith of the ſaid 
treaty, was left, without any pro- 
viſion. being made for the admini- 
{tration of civil government — 
an 


19 80 J 
1 : and certain parts of the territo 

9 of Canada, where ſedentary fiſne- 
Tt ries had been eſtabliſhed and carried 
. on by the ſubjects of France, in- 
1 . 2 
1 habitants of the ſaid province of 
vi Canada, under grants and conceſ- 


ſions from the government thereof, 

were annexed to the government 

of Newfoundland, and thereby 

ſubjected to regulations inconſiſtent 

with the nature of ſuch fiſheries : 

May it therefore pleaſe your moſt 

excellent majeſty that it may be 

* enacted ; and be it enacted by the 
| king's moſt excellent majeſty, by 

and with the advice and conſent of 

the lords ſpiritual and temporal, 

and commons, in this preſent par- 

liament aſſembled, and by the 

The territo- authority of the ſame, That all 
— — the territories, iſlands, and coun- 
a in North- A- tries in North-America, belonging 
— be- to the crown of Great-Britain, 
Great Britain, Hounded on the ſouth by a line 
from the bay of 'Chaleurs, along 

the high lands which divide the 

rivers that empty themſelves into 

the river Saint Lawrence from thoſe 

which fall into the ſea, to a point 

in forty-five degrees of northern 

latitude, on the eaſtern bank of 

the river Connecticut, keeping the 

ſame 


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fame latitude directly weſt, through 


the lake Champlain, until, in the 
fame latitude, it meets the river 
Saint Lawrence ; from thence up 
the eaſtern bank of the ſaid river 
to the lake Ontario; thence through. - 
the lake Ontario, and the river 
commonly called Niagara; and 
thence along by the eaſtern and 
ſouth-eaſtern bank of lake Erie, 
following the faid bank; until the 
ſame ſhall be interſected by the 
northern boundary, granted by the 
charter of the province of Penſyl- 
vania, in caſe the ſame ſhall be fo 
interſected; and from thence along 
the ſaid northern and weſtern boun- 
daries of the faid province, until the 
ſaid weſtern boundary ſtrike the 
Ohio: but in cafe the ſaid bank of 
the ſaid lake ſhall not be found to 
be ſo interſected, then following 
he ſaid bank until it ſhall arrive at 
that point of the faid bank which 
{hall be neareſt to the north-weſtern 
angle of the ſaid province of Pen- 
{ylvania, and thence, by a right 
line, to the ſaid north-weſtern angle 
of the faid province; and thence 
along the weſtern boundary of the 
ſaid province, until it ftrike the 
river Ohio; and along the bank of 
| 1 the 


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Z 88 | 


the ſaid river, weſtward, to the 


banks of the Miſſiſſippi, and north- 


annexed to 
the province 
of Quebec. 


Not to affect 
the bounda- 
ries of any 
other colony ; 


nor to make 
void other 
rights former- 
ly granted, 


ward to the ſouthern boundary of 
The territory granted to the mer- 
chants adventurers of England, 
trading to Hudſon's Bay; and alſo 
all ſuch territories, iſlands, and 
countries, which have, ſince the. 
tenth of February, one thouſand 
ſeven hundred and fixty-three, been 
made part, of the government of. . 
Newfoundland, be, and they are 
hereby, during his majeſty's plea- 
ſure, annexed to, and made part 
and parcel of, the province of Que- 
beck, as created and eſtabliſned by 
the ſaid royal proclamation. of he 
ſeventh of October, one thouſand 
ſeven hundred and fixty-three. __ 
Provided always, That nothing 
herein contained, relative to the 
boundary of the province of Que- 
beck, ſhall in anywiſe affect the 
boundaries of any other colony. 
Provided always, and be it en- 
acted, That nothing in this act 


contained ſhall extend, or be con- 


ſtrued to extend, to make void, or 
to vary or alter any right, title, or 
poſſeſſion, derived under any grant, 
conveyance, or otherwiſe howſo- 
ever, of or to any lands within the 

ſaid 


3 
ſaid province, or the provinces 
thereto adjoining; but that the 


ſame ſhall remain and be in force, 


and have effect, as if this act had 
never been made. 8 | 
And whereas the proviſions, made 
by the ſaid proclamation, in reſpect 
to the civil government of the ſaid 
province of Quebeck, and the 
powers and authorities given to the 
governour and other civil officers 
of the ſaid province, by the grants 
and commiſſions iſſued in conſe- 
quence thereof, have been found, 
upon experience, to be inapplicable 
to the ſtate and circumſtances of 
the ſaid province, the inhabitants 
whereof amounted, at the conqueſt, 
to above ſixty- ive thouſand perſons 
profeſſing the religion of the church 
of Rome, and enjoying an efta- 
bliſhed form of conſtitution and 
ſyſtem of laws, by which their 
perſons and property had been pro- 
tected, governed, and ordered,. for 
a long ſeries of years, from the firſt 
eſtabliſnment of the faid province 
of. Canada ; be it therefore further 
enacted by the authority aforeſaid, 
That the ſaid proclamation, ſo far 
as the ſame relates to the ſaid pro- 
vince. of Quebeck, and the com- 


Former provi- 
ſions made for 
the province 
to be null and 
void after 


May 1, 1775» 


M 2 miſſion 


7 


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[ 34 J 
miſſion under the authority where- _ 
of the government of the ſaid pro- 
vince is at preſent adminiſtered, 
and all and every the ordinance and 
ordinances made by the governour 
and council of Quebeck 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. | 
Inhabitants of And, for the more perfect ſecu- 


ebeck may . i | 
_—_— the rity and eaſe of the minds of the 


— — inhabitants of the ſaid province, it 
ro the king's is hereby declared, that his ma- 
5 Elz.; jeſty's ſubjects, profeſſing the reli- 
. gion of the church of Rome of 
and in the ſaid province of Que- 
beck, may have, hold, and enjoy, 
the free exerciſe of the religion of 
the church of Rome, ſubject to the 
king's ſupremacy, declared and 
eſtabliſhed by an act, made in the 
firſt year of the reign of queen Eli- 
zabeth, over all the dominions and 
countries which then did, or there- 
after ſhould belong, to the imperial 


crown 


1 


crown of this realm; and that the 3 

clergy of the ſaid church may hold, accuſtomed 
receive, and enjoy, their accuſtomed d. 

dues and rights, with reſpect to ſuck 

perſons only as ſhall profeſs the ſaid 

religion. ; 

Provided nevertheleſs, That it Proviſion may 
ſhall be lawful for his majeſty, his pf, RY : 
heirs or ſucceſſors, to make ſuch for tha 2 
proviſion out of the reſt of the ſaid Proteſtant 
accuſtomed dues and rights, for the clersy- 
encouragement of the proteſtant 
religion, and for the maintenance 
and ſupport of a proteſtant clergy 
within the ſaid province, as he or 
they ſhall, from time to time, think 
neceſſary and expedient. ” 

Provided always, and be it en- No perſon | 
ated, That no perſon, profeſſing Romiſh feli. 
the religion of the church of Rome, 8 
and reſiding in the ſaid province, oath of x Eliz. 
ſhall be obliged to take the oath 
required by the ſaid ſtatute 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 but to take, 
perſon who, by the ſaid ſtatute is gon, 


governour, 


required to take the oath therein ee 
mentioned, ſhall be obliged, ane 
is hereby required, to take and | 
{ſubſcribe the following oath _ 


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ſon in ſuch court of record as his 


The oath. 


Perſons refu- 
ſing the oath 
to be {ſubject 


to the penal- 


ties by Act x 
Eliz. 


[ 36. ] 


the governour, or ſuch other per- 


majeſty ſhall appoint, who are 


hereby authoriſed to adminiſter” the 


ſame; videlicet, 


I A. B. do ſincerely promiſe and 


fwear, That I will be faithful, 
and bear true allegiance to his'ma- 
jeſty king George, and him will de- 
fend to the utmoſt of my power, 
againſt all traiterous conſpiracies; 
and attempts whatſoever, which 
ſhall be made againſt his perſon, 
crown, and dignity ; and I will do 
my utmoſt endeavour to diſcloſe 
and make known to his majeſty, 
his heirs. and ſucceſſors, all trea- 
ſons, and traiterous conſpiracies, 
and attempts, which I ſhall know 
to be againſt him, or any of them; 
and all this I do ſwear without 
any equivocation, mental evaſion, 
or ſecret reſervation, and renoun- 


cing all pardons and diſpenſations 
from any power or perſon whom- 


ſoever to the contrary. 


So help me GOD. 


And every ſuch perſon, who ſhall 
neglect or refuſe to take the ſaid 
oath before mentioned, ſhall incur 
and be liable to the ſame. penalties, 

forfeitures, 


1 J 
forfeitures, diſabilities, and inca- 
pacities, as he would have incurred 


and been liable to for neglecting or 


refuſing to take the oath required 
by the ſaid ſtatute paſſed in the firſt 
year of the reign of queen Eliza- 


beth. 5 

And be it further enacted by · the 
authority aforeſaid, That all his 
majeſty's Canadian ſubjects, within 
the province of Quebeck, the re- 
ligious orders and communities 
only excepted, may alſo hold and 
enjoy their property and poſſeſſions, 
together with all cuſtoms and uſages 
relative thereto, and all other their 
civil rights, in as large, ample, and 


His Majeſty's 
Canadian ſub- 
jects (religious 
orders excep- 
ted) may hold 
all their poſ- 
ſeſſions, &c. 


beneficial manner, as if the ſaid 


proclamation, commiſſions, ordi- 
nances, and other acts and inſtru- 
ments, had not been made, and as 
may conſiſt with their allegiance to 
his majeſty, and ſubjection to the 


crown and parliament of Great- 


Britain; and that in all matters of 
controverſy, relative to propert 

and civil rights, reſort ſhall be had 
to the laws of Canada, as the rule 
for the deciſion of the ſame; and 
all cauſes that ſhall hereafter be 
inſtituted in any of the courts of 


and in mat- 
ters of con- 
troverſy, re- 
ſort to be had 
to the laws of 
Canada for che 
deciſion. 


juſtice, to be appointed within and 
ow Ce Ee | for 


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Not to extend 
to lands 

1 by 
his Majeſty 
in common 
ſoccage. 


Owners of 
goods may 
alienate the 
ſame by will, 


| *. 


deviſe or bequeath the ſame at his 


[ 88; 1 
for the ſaid. province, by his ma- 
jeſty, his heirs and ſucceſſors, ſhall, 
with reſpe& to ſuch property and 
rights, be determined agreeably to 
the ſaid laws and cuſtoms of Ca- 
nada, until they ſhall be varied or 
altered by any ordinances that ſhall, _ 
from time to time, be paſſed in the 
ſaid province by the governour, 
lieutenant-governour, or comman- 
der in chief, for the time being, 
by and with the advice and conſent 
of the legiſlative council of the 


ſame, to be appointed in manner 


herein after mentioned. 
Provided always, That nothing 
in this act contained ſhall extend, 
or be conſtrued to extend, to any 
lands that have been granted by 
his majeſty, or ſhall hereafter be 
granted by his majeſty, his heirs 
and ſucceſſors, to be holden in free 
and common ſocca 
Provided alſo, That it ſhall and 
may be lawful to and for every per- 
* ſon that is owner of an "lands; 
goods, or credits, in the ſaid pro- 
vince, and that has a right 1 to alie- 
nate the faid lands, goods, or cre- 
dits, in his or her life-time; by 
deed of fale, gift, or otherwiſe, to 


or 


1 89 

or her death, by his or her laſt will 

and teſtament; any law, uſage, or 

cuſtom, heretofore or now prevail 

ing in the province, to the contrary - 

hereof in any-wiſe notwithſtand- 

ing $6: 1 ſuch will being executed, if executed 
either | according to the laws of fegen 79 
Canada, or according to the forms Canada. 
preſcribed by the laws of England. 

And whereas" the certainty and Criminal law 
lenity of the criminal law of Eng- — 
land, and the benefits and advan+ in the pro- 
tages reſulting from the uſe of it, 
have been ſenſibly felt by the in- 
habitants, from an experience of * 
more than nine years, during which Wo 
— has been uniformly adminiſtered; | 
be it therefore further enacted by 

the authority aforeſaid, That the 
ſame Mall continue to be admi- 
niſte red, and ſhall be obſerved as * 
law in the province of Quebeck, 
as well in the deſcri ptiqn and qua- 
e of the offence as in: the method 
and trial and the 
= and forfeitures there- 
inſlicted; to the excluſion of 

—— other rule of criminal law, 

or mode of p : thereon, 


which did or might prevail in the 

ſaid province — year of our 

Lord one — Ana hundred 
N 


and 


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[ 90 J 


and fixty-four ; any thing in this 
act to the contrary thereof in any, 
reſpect notwithſtanding ; . ſubject 


_ nevertheleſs to ſuch alterations and 


amendments as the governour, lieu« 


tenant-governour, or commander 


His Majeſty 
may appoint 
a council for 
the affairs of 
the province; 


added by the authority 


in chief for the time being, by and 
with the advice and conſent of the 
legiſlative council of the ſaid pro- 
vince, hereafter to be appointed, 
ſhall, from time to time, cauſe to 
be made therein, i in manner 9 
after directed. t 8 
And whereas it may _ Wn 


to ordain many regulations for the 


future welfare and good govern- 
ment of the province of Quebeck, 
the occaſions of which cannot no- 
be foreſeen, nor, without much 
delay and inconvenience, be pro- 
vided for, without intruſting chat 
authority, for a certain time, and 
under reſtrictions, to per- 
ſons refdent there: And heres | 

18 nt inexpedient to call 

— be it therefore en · 
That it ſhall and may be 5 


for his majeſty, ö his heirs and: ſuc- 


ceſſors, by warrant under his or 


their ſignet or 
with the advice of the privy coun- 


ſign manual, and 


ct], 


92 | 


eil, to conſtitute and appoint: xũ—g 
_ council for the affairs of the pro- 5 
vince of Quebeck, to conſiſt of 
ſuch perſons reſident there, not 
exceeding twenty-three, nor lets 
than ſeventeen, as his majeſty, his 
heirs and ſucceſſors, ſhall be pleaſed | 
to appoint ; and, upon the death, which coun- 
removal, or abſence of any of the 3 
members of the ſaid council, in with conſent 
like manner 80 conſtitute and ap- m. 
point ſuch and ſo many other per- 
= ar perſons as ſhall & be neceſſary 
a apply the vacancy: or vacancies ; 
whi council, ſo appointed and 
nominated, or the major part there- 
of, ſhall have power and authority 
to make ordinances for the peace, 
welfare, and good government, of 
the ſaid province, with the conſent 
of his majeſty's governour, or, in 
his abſence, of the lieutenant-go- 
vernour, or — in chief 
for the time | 
Provided — That ond The council 
in this act contained ſhall extend EO 
to authoriſe or impower the ſaid lay taxes, | 
legiſlative council to lay any taxes 
or duties within the ſaid 


ſuch taxes only — 7 | 
Tates and | * Publick roads 
as the inhabitants of any town or or buildings 


diſtrict within the ſaid province excepted. 
| N 2 may - 


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may be authoriſed — the ſaid e 


Ordinances 
made to be 
laid before his 
Majeſty for 
his approba- 
tion. 


Ordinances 
touching reli- 
gion not to be 
in force with. 
out his Ma- 


L 92 ] 


cil to aſſeſs, levy, and apply, with« 
ROI for the 
22 of making roads, ere 

d repairing publick Dang 
or — any other purpoſe reſpecting 
the local convenience and oecono- 
my of ſuch town or diſtrict. 


Provided alſo, and be it nei 


by the authority aforeſaid, That 


every ordinance ſo go be made, 


ſhall, within fix months, be tranſ- 
mitted by the governour, or, in his 
abſence, by the lieutenant-govers 


nour, or commander in chief for 


the time being, and laid before his 
majeſty for his royal approbation; 


and if his majeſty. ſhall think fit to 


diſallow thereof, the fame ſhall 
ceaſe and be void from the time 
that his majeſty's order in council 


thereupon ſhall be th nj at 
Quebeck. 


Provided alſo, That no dino 


touching religion, or by which any 
puniſhment may be inflicted greater 
than fine or impriſonment for three 


bela, months, ſhall be of any force ot 
effect, until the fame ſhall have 
received his pins 9. 8 ere 

tion. | 


| Provided 


J 8 


[ 9g ] 

Provided alſo, That no ordinance When ori, 
ſhall be paſſed At any meeting of be paſſed by a 
the council where leſs than a ma- ori. 
jority of the whole council is pftTe . 
tent, or at any time except between : 
the firſt day of January and tlie firſt 
day of May, unleſs upon ſome 
urgent occaſion, in which caſe 
every member thereof teſident at 
Quebeck, or within fifty miles 
thereof, ſhall be perſonally ſurn- 
moned by the governour, or, in 
his abſence, by the lieutenant- go 
vernour, or commander in chief 
for the time being, to attend the 
ſamo rn Art ü 

And be it further enacted by the Nothing to 

authority aforeſaid, That nothing — = 
herein contained ſhall extend, or _—_— 
be conſtrued to extend, to prevent minal, civil, 
or hinder his majeſty, his. heirs and nd ecclefis- 
ſucceſſors, by his or their letters tion. 
patent under the great ſeal of Great- 
Britain, from erecting, conſtitut- 

ing, and appointing, ſuch courts of 

criminal, civil, and eccleſiaſtical 
juriſdiction within and for the faid 

province of Quebeck, and appoint- 

ing, from time to time, the judges 

and officers thereof, as his ma- 
jeſty, his heirs and ſucceſſors, ſhall 

1 05 ä | think 


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L 94 J 
think neceſſary and proper for the 


circumſtances of the ſaid province. d 
All age for- Provided always, and it is hereby 


merly made 


are hereby in- enacted, That nothing in this act 


forced within 


che province. Contained ſhall extend, or be con- 
ſtrued to extend, to repeal or make 
void, within the ſaid province of 
Quebeck, any act or acts of the 
parliament of GriaiteBritain here- 
tofore made, for prohibiting, re- 
ſtraining, or regulating, the trade 

or commerce of his majeſty's co- 
lonies and plantations in America; 

but that all and every the ſaid acts, 

and alſo all acts of parliament 
heretofore made concerning or re- 
ſpecting the ſaid colonies and plan- 

8 tations, ſhall be, and are hereby 
declared to be, in force, within 

the ſaid province of Quebeck, and & 
every part n 1 


The difference between the legiſlative coun- 
cil propoſed above in the draught of an act of 
parliament which w 2 ared by Mr. Maſeres, 
and approved by Me alker and Paterſon, 
and that rey is eſtabliſhed by the foregoing 
act of parliament, will beſt appear by com- 
paring them together, article by article, in 
tome ſuch manner as the following. 


| Flan 


3 2 
be” 


I 9s 1 


| Plan of a Legiſlative Council * the 

Government of the Province of 
uebeck, propoſed by Mr. Maſeres 

0 ts robs by 105 Thomas WWal- 
her, of f 16447 jo Mr. John 
Paterſon, of Nebel, Engliſb Mer- 
chants of eminence ſettled in : thoſe 
Towns. | 


7 i 6 8 
g "Wou 1 * 
ST wt ” y 
? 
7 > 


I. PO conſiſt of. 838 members, all 
_ Proteſtants, and thirty Jos old. ; 


ES RE A SONS. inf) 
Becauſe if Roman- Catholicks are ailmited 
into the council, there is no gbod pretence for 
not having an aſſembly, agreeably to the king's 
proclamation and commiſſions to general Mur- 


« ray and general, Carleton. 


The large number thirty-one* is in order to 
give weight to'the proceedings of the council. 

The age of thirty years is ſettled for the fame 
reaſon, as nothing would make the council more 
contemptible than filling it with 7 en 
of two or three and twenty. (| 


A Il. 'To continue for G hen years. = wn 


R E ASON, 
This is to keep in view the king's rl of 
calling an aſſembly as ſoon as the NUR. 
of the province wil admit thereof.” "* 


Le 11 
III. Nat to have the power, . impoſing 
taxes. op bf 
R E A 8 0 N. >} 
1 this power, though not in itſelf greater 
than that of making laws for the province, is 
thought to * {eaore Table to be abuſed. 


Iv. Seventeen members ſhall be neceſſary 
to do buſineſs. - 


REASON 
This is to prevent the governours from paſling 
ordinances in councils compoſed of their 


favourites and dependants. Tiers CT EE 


4 


* 


V. The members who vote for any ordi- 
nance ſhall ſet their names 40 it in the coun- 


cil- book. , hs [ 
© 4 REASON. 9 Ot - 
This is to make them cautious s what ord: 
nances they conſent to. 


VI. A fartgight's natice to = given in the 0 
Quebeck Gazette before every meeting of the 
council for legiſlative purpoſes. ; 


RE ABD 
This js to prevent the governour from aſſem- = 
bling the council ſuddenly, when only his fa- 


vourites and dependants are at hand, and likely 
to attend it, 

VII. The members of the council tg 

paid a ſum not excceding forty ſhilling 


for every time they attend the counci 
8 — 


. 


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11 
legiſlative buſineſs: with a proviſo that, if the 
attendances are more than fifty in a year, no 
member ſhall ang | Gore's 100 . n e ac- 


count. 


— - : . * 


This is to We "Bi JUAN to ttend the 
council in conſiderable numbers, ſo that there may 
be uſually twenty - four or ewentyefive members 
preſent at the pafſing af an, ordinance 3, to the 
end that the ordinances may have the greater 


weight with the people, and he the more readily 
obeyed. Without ſome ſuch proviſion, it is to 


be feared that the council ger mm be well 
attended. URI 


VIII. * 8 the provines 2 Apen 
without the governgur's leave, or for à year 
beyond the time allowed by his leave, ſhall 
make the perſon 10 enen —_ alen 
be a counſellor. 


IX. Abſence "At "this province for aper 
years, even with the governour's leave, or re- 
peated _ for the whole time, ſhall make 


the perſon fo | abſepting | * ceaſe to de A | 
counſellor. © | C 


X. Every member of the l Gal 3 
a right to bring a bill into the council, as well 


a8 to 9 ow you Ne in pint a the 85 Pe 
nour. 


=, 


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RE ASWVO N. bn 

Becauſe A this power the proceedivies' 
of the council would be too much under the 8 
direction of the governour. GILLES 


XI. But the governour ſhall have a negative 
to a bill propoſed by the council. 


XII. The counſellors to be appointed byt the 
king, and removed by him at his pleaſure by 
his order in his privy council, but not by his 


ſignet and ſign manual; and not to be Tetnove- | 


able, or ſuſpendible, at all by the governout. 
bn F 2:4 bout of 


: 


The counſellors are made thus independant 


of the governour, to the end that they may 


act freely according to their judgements in the 
exerciſe of their legiſlative: authority, without 
implicitly obeying the direQions of the gover- 
nour through the fear of being diſplaced; and 
allo to the end that the people may believe that 
act with this freedom and independance, 
and reſp them and the ordinances they paſs, 
on that account. I am confident that coun- 
ſellors that may be removed or ſuſpended by 
the governour will never be ſuppoſed. by t 12 
generality of the people to act bg and in- 


dependantly, (whatever, from their * 


diſpoſitions of mind, they may really do,) and 
conſequently will never be reſpected by them, 
nor their ordinances chearfully obeyed. The 
dependance on the king's pleature, to be exer- 
cited in his privy council, is quite another thing. 


XII. 


L 99: TT 


XIII. Where the council is afſembled as a 
council of ſtate. only, and not as a legiſlative 
council, it ſhall be ſufficient to ſummon only 
twelve of the counſellors (ſuch twelve as the 
governour ſhall think fit,) one day before the 
meeting of the council ; and ſeven counſellors 
hall be a ſufficient number to do buſineſs, 


REASON. 


It might be very inconvenient and the cauſe 
of much delay, to reſtrain the governour' from 
doing thoſe executive duties of his office, to 
which the concurrence of the council is made 
neceſſary by his commiſſion, without aſſembling 


the whole council in the manner above pre- 
ſeribed. | 


This is the plan of a legiſlative council pro- 
poſed two years ago' by Mr. Maſeres and ap- 
proved by Meſſrs. Walker and Paterſon. It 
might perhaps be a proper addition to it, to 
provide that the governour and four fifths of the 
council might, if they thought it neceſſary, ſuſ- 
pend a member of the council till his Majefty's 


pleaſure about remis him was known. 
Tamen quaere, 


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W woes 


View of the Legiſlative Council for N 


the Government of the Province of 
Quebech eſtabliſhed by the late 4 
of Parliament. 


I. TO 56 cies of nn. members, 
or of twenty-three members, or of any 
intermediate number of members at the king's, 


| pleaſure. And they may be all papiſts, or even 


popiſh prieſts, if the king ſhall fo pf and 
of any age the king ſhall pleaſe above rrenty- 


one years. 
REMARK. 

It is ſaid that his majeſty has, ſince the paſſing 
of this act of parliament, eſtabliſhed a legiſlative 
council of twenty- three members, of 88 
ſeven are Canadians and Roman-Cathoticks, to 
wit, Monſieur de la Naudiere, Monſieur de 
Rigauville, Monfieur de Saint Ours, Monſieur 
Contre coeur, Monſieur Beleſtre, Monſieur de 
Lery, and Monſieur La Corne de Saint Luc. 
Now, ſince his majeſty, in his royal wiſdom, 
has thought fit to make this new council confift 
of twenty-three members rather than of ſeven- 
teen, and to chuſe only ſeven of the twenty- 
three from amongſt his Roman-Catholick ſub- 
jects in that province, and thoſe all laymen, 
it ſeems reaſonable to deſire that the number 
of the counſellors in this new legiſlature ſhould 
be fixed by act of PN to be at leaſt 


- twenty- 


t e 
twenty-three, and that the number of Roman- 
Catholick members of it ſhould be fixed at 
ſeven, which are the numbers choſen by his 
majeſty, and that it ſhould be provided that the 
latter ſhall all be laymen, For if this is the beſt 
method of conſtituting the new council, it is 
obvious that it would be better for the province, 
and more agreeable to the nature of a free go- 
vernment and the notions of people who have 
been uſed to one, that this beſt method ſhould 
be ſtrictly preſcribed by a poſitive law than be 
left to the diſcretion, or arbitrary choice, of the' 
perſon who wears the crown, which, though 
it is now enjoyed by a wiſe and beneficent mo- 
narch, may devolve hereafter upon perſons of 
a different character. The principal difference 
between a free and an abſolute government con- 
fiſts in this; that in the former the ſubjects en- 
joy their liberty and property, and other advan- 
tages of civil ſociety, by virtue of the law alone, 
without being obliged for them to the humanity 
or diſcretion of any man or ſet of men whatſo- 
ever, but in the latter they hold them at the 


pleaſure of the ſovereign. The number there- 


fore of the counſellors in this new legiſlature 
ought to be fixed by a poſitive law to be at leaſt 
twenty-three, inſtead of being left to vary be- 
tween the numbers of ſeventeen and twenty- 
three, as the king for the time being ſhall think 
fit : and the number of Roman-Catholick coun- 
ſellors ought in like manner to be fixed, ſo as 


not to exceed ſeven, with a proviſion that they 


ſhall all be laymen, 


But 


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province; who, if they are fit for the great 
offices they are to fill (as I do not doubt they 


166 


But J will venture to go one ſtep further, and 
to affirm, that the number of the members of 
this legiſlative council ought to be increaſed to 
thirty-one. For, if it ſhould be poſſible to find: 
eight perſons more in the province, over and 
above the twenty-three counſellors already ap- 
pointed, that are fit to be members of this 
council, I preſume it will hardly be denied that 
it will be beneficial to the province that theſe: 
eight perſons ſhould be added to the council; 
fince it is obvious that a council conſiſting of 
thirty-one members is more likely to act with 
freedom and independency, and to know the 
ſtate and condition of the province, and conſe- 
quently is a fitter ſubſtitute for a general aſſem- 
bly of the people, than one that conſiſts of fewer 
members, the individual members of both be- 
ing ſuppoſed to poſſeſs the ſame degrees of merit 
and ability. It is therefore only neceſſary to 
ſhew that eight, or more, perſons may be found 
in the province who may be reckoned worthy 
to be members of this council, and who are by 
no means inferiour to ſome of the perſons already 
admitted into it. Now this, I preſume, may 
be ſafely affirmed of the following perſons, 
who are none of them as yet members of the 
council. In the firſt place, there are two, or 
more, new judges, who are now going into the 


are, and know one of them to be in an emi- 
nent degree, ) muſt alſo be ſingularly fit to be 
| members 


F RG Is 
L 103 1 
members of this legiſlative council. In the 
next place, there are Mr. Du Mas Saint Martin, 
and Mr. Du Calvet, two proteſtant gentlemen 
of Montreal, who were ſettled there in the time 
of the French government, and who have acted 
as juſtices of the peace for that diſtrict witli 
great diligence and integrity for many years. 
and are very much reſpected in the province, 
and the latter of whom is not only maſter of 2 
fortune that makes him independent, but poſ 
ſeſſed likewiſe of a great independency of \pirit 
and temper that renders him peculiarly fit to 
be a member of a legiſlative body that is not 
intended to be totally ſubſervient to the *gover- 
nour.. In the next place, there is Mr. Marteh!; 
a native of Old France, and a proteſtant, who 
had quitted France and ſettled in England % 
before the conqueſt of Canada, and who for 
many years together diſcharged the office of a 
juſtice of the peace for the diſtrict of Quebeck 
with- great activity, and the utmoſt purity of 
character, (and this at a time hen that office 
had a civil juriſdiction annexed to it in matters 
under the value of five pounds of the currency 
of the province, or 3. 158. ſterling,) and W 
of late years has held the office of a qudge 'of 
the court of common-pleas at Montreal with 
the ſame good reputation; by the exerciſe of 
which offices he is become intimately well ac 
quainted with the ſentiments, the manners, the 
wants and wiſhes, of the general body of the 
Canadian as well as * — of the 
province. 


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[ 104 1 


province. In the next place, thereareMr,Thomas 


Walker of Montreal, and Mr. John Paterſon of 
Quebeck, two eminent, merchants. of excellent, 
underſtanding and character. The former of 
theſe was appointed a juſtice of the peace es 
the diſtri of Montreal by governour Murray: 
and while he acted in that office, was mugh 
reſpected for the integrity of his conduct in it 
by all ranks of people, and was extremely be- 
loved by the Canadians, and conſidered by 
them as their patron and protector. He | was, 
as every body knows, aſſaulted, and moſt 
cruelly wounded, and left for dead, by eight 
or nine armed ruffians in diſguiſe, on the 6th 
of December, 1764, in conſequence (as is 
moſt probable,) of a diſpute he had had with 
ſome gentlemen of the 28th regiment of foot, 
who were then quartered at Montreal, concern- 
ing the manner of billeting the officers and 
ſoldiers on the inhabitants, and of the great zeal 
he had ſhewn to rectify ſome abuſes and op- 
preſſive practices in that buſineſs which had 
been the ſubject of much complaint at that 
time. His whole conduct on this ocgalion 
ſhewed his courage and his, publick ſpirit in 
endeavouring to_corre& thoſe abuſes, But it 
was attended with many unfortunate. conſe, 


quences to himſelf. Amongſt others it pro- 


duced his diſmiſſion from the * of a June 
of the peace by governour Murray, who 1 
appointed him to it. This dilmiſhon. was the 
effect of the governour's reſentment for ſome 
: complaints 


complaints Mr. Walker had made' againſt him 
for not endeavouring with ſufficient activity 
(as he thought, ) to diſcover and bring to juſtice 
the ruffians by whom he had been ſo ill treated. 
But it was not approved by the king's majeſty. 
For Mr. Walker, in the ſpring of the year 1766, 
obtained a letter from general Conway, (at that 
time ſecretary of ſtate for that department which 
comprehended America,) to general Murray, 
or the commander in chief of Ub province for 
the time being, informing him that it was his 
majeſty's pleaſure that Mr. Walker / ſhould be 
reſtored to the office of a juſtice of the Peace. 
But nevertheleſs it is a fact, (however ſtrange it 
may appear,) that Mr. Walker has” never been 
fo reftored from that time to the preſent day. 
Theſe cruel and unmerited misfortunes, which 
have ariſen chiefly from his publick ſſ pirit, ſeem 
to be a reaſon for advancing him to the offlce 
of a member of this legiſlative council, for 
which his good underſtanding and independent 
temper pecul iarly qualify him. In chene place, 
there is Mr. Jourdain of Montreal, 4: perſon of 
good ſenſe, in good circumſtances, and much 

reſpected there: and at Quebeck there is Mr. 
Richard Murray, who is a nan of goed ſenſe, 
good temper and charaQter, and whothas mar- 
ried a Canadian woman. And to theſe it may 
perhaps be proper to add, for the'hondur” and 
tnpport of the proteſtant religion; the reverend 
Mr. Montmollin, the proteſtant miniſter of the 
church of — at Quebeck, and the 


reverend 


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reverend-Mr; De Liſle, the proteſtant miniſter 
of the church of England at Montreal. 
Perhaps alſo it might be proper to add; * 
the ſake of preſerving a friendly intercourſe 
between the military gentlemen and the civil 


inhabitants of the province, (which is now 


happily reſtored, by the moderation and good 
behaviour of the troops, after the unfortunate 
interruption of it for ſome years by the aſſault 
upon Mr. Walker, and the proceedings ſubſe- 
quent thereto,) I ſay, perhaps it might be pro- 
per to add, for this important reaſon, the two 
commanding officers of the troops at Quebeck 
and Montreal. Yet I mention this with ſome 
heſitation, as I apprehend many lovers of li- 
berty in the province will be of a different opi- 
nion. Theſe are no leſs than thirteen perſons, 
all proteſtants, moſt of whom, I doubt not, 
will be allowed by perſons acquainted with the 
province to be fit to be members of this council. 
And I am perſuaded that ſeveral more ſuch 


might be mentioned by gentlemen who have 


been lately in the province, and who are-bet- 
ter acquainted than I am with its preſent ſtate 
and inhabitants. But if only eight of theſe 
perſons ate fit to be made members of this 
council, it is ſufficient to ſupport what is above 
advanced, that the number of its members 
ought to be increaſed to thirty- one. 

I will venture to obſerve further concerning 
this legiſlative council, that, if it is intended to 
be any check upon the . of the 9 
0 


» x” 22: 


L 1% ] 


of the province, and not to 40 in compleat 
ſubſervience to their directions, the members of 
it, or at leaſt ſome of them, ought to be ap- 
pointed by the recommendation of other perſons 
than the governour of the province, and to be 
ſuch perſons as are known to be of independent 
tempers and principles, and not likely to com- 
Ply, againſt their judgments, with the dictates 
of the governours: and that this is the only way 
by which the legiſlative council can be rendered 


reſpectable in the eyes of the people, and their 


ordinances find a ready and chearful obedience- 
from them. | 


I This council is to continue for an 4 


ſinite time, or till another act of parliament 
(hall put an end to it. 


RE MARK. 
This removes the proſpect of having an 
aſlembly to an indefinite diſtance, fo as almoſt 


to deſtroy all hopes of it. And, further, this - 


indefinite continuance of the legiſlative council 
is contrary to what is ſtated as. fit to be done in 
this very act in the preamble to this clauſe. For 
that preamble mentions the neceſſity of intruſt- 
ing the legiſlative authority of the province, for 
a certain time, to perſons reſident therein. See 
above, page 90. Why therefore is it intruſted 
to thoſe perſons by the clauſe itſelf for an uncer- 
tain, or indefinite, time? 


III. Not to have the power of impoſing, 
taxes, except in certain caſes. 


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REMARK. 


The. exception is _ large, and lookly 
worded. 


IV. A. majority of the whole number ſhall 
be neceſſary to do buſineſs ; that is, nine mem- 


bers, if the council conſiſts of ſeventeen, and 
twelve, if it conſiſts of twenty- three. h 


REMARK. 


This number is conſiderably leſs than ſeven- 
teen, and therefore their ordinances will be leſs 
regarded by the people. | | 

V. The members who vote for any ordi- 
nance are not required to ſign their names to it. 

VI. No notice is required to be given in the 
Quebeck Gazette of the meetings of the council 
any number of days before-hand. 

VII. No proviſion is made in the act for 
paying the counſellors for their attendance at 


the councils, in order to induce them t to e 
in conſiderable numbers. 


REMARK, 


It is indeed ſaid to be the Intention of the | 
miniſtry to give the counſellors a falary of one 
hundred Pounds a year a-piece. But this is not 


to depend upon their diligence in attending the 


councils, and therefore will have little, or no, 
effect in procuring a numerous attendance. Nor 


is it eaty to fee of what benefit to the pro- 
vince this manner of beſtowing two thouſand 


three bundred pounds a year of the public 
money 


„ 
money is likely to prove. The obvious ten- 
dency of it is to make the counſellors exceedingly 


dependent on the governour, and CY a 
his inclinations. 


VIII. It is ſaid in the act chat upon the 
death, removal, or abſence of any one of the 
counſellors it ſhall be lawful for the king to 
make another counſellor to ſupply ſuch va- 
cancy. 


aft RE MAR k. 

By this clauſe it ſhould ſeem that any ab-- 
ſence from the province, (even with the 
vernour's leave) for any time how ſhort ſoever, 
will vacate a counſellor's ſeat in the council. 
Vet this can hardly be ſuppoſed to be the in- 
tention of the makers of the act. This clauſe 
therefore ſtands in need of a "Om and more 
diſtinct explication. 1 


IX. It is not provided by the a& that every 
member of the council Chal have a right of 


propoting an ordinance as well as that of aſſent- 


ing to one propoſed by the governour. 


RE M AR k. To | 
There is ſome danger from the want of 


ſach a proviſion that the council will not 


think themſelves at liberty to do any thing 
more than aſſent to, or diſſent from, the ordi- 
nances which may be br i che by the Gover- 
nour ; which would e ce tive autho- 
rity too much in the! tk of the Governour. 


X. There 


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X. There is nothing in the act which hin- 
ders the king from delegating to the governour 
a power of removing or ſuſpending the coun- 
ſellors at his pleaſure. 1 BUR 


REMARK. 

If fuch a power of removing, or fupending, 
the counſellors ſhould befidelegated to the go- 
vernour, (as it has been with reſpect to the 
former council eſtabliſhed by the king's in- 
ſtructions before this act was paſſed,) it would 
make them be looked upon by the people of 
the province as the mere creatures and tools of 
the governour, which would much diminiſh the 
reſpect and obedience that would be n to 
their ordinances. 6 


It is therefore now much to be wiſhed that 
the legiſlative council eſtabliſhed by the late. 
act, ſceing that it is ſo exceedingly dependent 
in its preſent conſtitution, may be rendered 
more independent, and conſequently more 
reſpectable in the eyes of the people who are 
to be governed by it, by adopting, (in a bill 
to explain and amend the former, ) the re- 
ſtrictions and precautions above-mentioned, 
or ſuch others as may be better fitted to obtain 
that end. And likewiſe that its continuance 
may be limited to ſome ſhort period of time, 
as ſeven years, in order to give the inhabitants 
of the province (Canadians as well as Engliſh,) 
ſome proſpect of having the royal promiſe in 


the proclamation of October, 1763, of being 


governed by an aſſembly of the freeholders of 


the province, one day or other carried into 
execution. Of 


* 
* 


1 111 1 


Of the Proceedings of divers of tlie 
French Inhabitants of the Province 
of Quebeck, in Oppofition to thoſe 
of the Britiſh and Proteſtant Settlers 


in it, for "peat a Houſe or 
Aſſembly. . 


A EM, och 1 October, or No- 
vember, 1773, divers of the French Ro- 
man-Catholicks in the province of Quebeck 
prepared and ſigned the following petition to 
the king, for ſettling the laws and civil go- 
vernment of the province; and alſo the fol- 
Towing memorial: concerning the matters con- 
tained in the petition, in which memorial they 
ſtate the grounds and reaſons of the ſeveral 
requeſts contained in the petition. Theſe 
papers were tranſmitted to the earl of Dant- 
mouth, his wth s ſecretary. of ſtate, for 
America, | hou month of December, 
1773, and were received by him about t the 
month of February, 17743 and the etition 
to the king was ſoon after preſented to his ma- 
jeſty. This petition and memorial, with the 
names of the perſons who Jn Tan, fe 
as follows. ages Bye) 5 One hp 


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A Petition of divers of the Romans | 
| Catholick Inhabitants of the __ | 
vince of Quebeck to the King 

Majeſty, ſigned, and bn 
to the Earl of Dartmouth, his Ma- 
jeſty 8 Secretary of State for Ame- 
rica, about the Month of Decem- 
ber, 1773, and preſented to his 


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ſujets de la province de Canada ptennent 
5 1 Uberts de fe proſtetner au pied du throne, 
© pour y porter les fentiments de reſpect, da- 
< mour, et de ſollmiſſion dont leurs cœurs ſont 
8 © remplis envers votre auguſte , perſonne, | et 
© pour lui rendre de tres-hambles actions 5 
ce de fes foins paternels. 5 
Noôtre reconnoiflance nous force d avoüet 
© que le ſpectacle effrayant d'avoir été conquis 
par les armes victorieuſes de votre Majeſté 
* na pas longtems excite nos regrets et nos 
larmes. Ils fe ſont diflipes à meſure que nous 
avons appris combien il eſt doux de vivre 
© ſous les conſtitutions ſages de Vempire Bri- 


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L 113 J 


tannique. En effet, loin de reſſentit au mo- 
* ment de la conquète les triſtes efféts de la 

* gene. et de la captivite, le ſage et vertueux 
qui nous a conquis, digne image du 
* Souverain glorieux qui lui confia le comm an- 
dement de ſes armees, nous laiſſa en poſſeſ- 
ſion de nos loix et de nos colltumes, Lc 
* libre exercice de notre religion nous tit con- 
* ſerve, et confirms par le traité de paix: ct 
5 nos anciens citayens furent Etablis bs jages 
* de nos cauſes civiles. Nous n 'oublirons jamais 

* cet excts de bonts; ces traits gengreux dun 
© fi doux vainqueur ſeront conſerves, precieuſe- 
ment dans nos: faſtes ; et nous les tranſmet- 
* trons d'age en àge 4 nos derniers neveux.— 
1 Tels ſont, Sire, les doux liens qui dans le 

principe nous ont ſi fortement attaches 2 
© votre majeſté: hens indiſſolubles, et qui ſe 
© reflerreront de plus en plus. 


© Dans Panne 1764. — Majeſts daigna | 


faire ceſſer le gouvernement militaire dans 
cette colonie, pour y introduire le gouverne- 
ment civil. Et das Ie ẽpoque de ce change 
ment nous commengames a nous apperce- 
voir des inconvenients qui relyltoient des loix 


 conniies. Nos anciens citoyens, qui avoient 
regle fans frais nos difficultes, furent remer- 
ciez : cette milice qui ſe faiſoit une gloire de 
Porter ce beau nom ſous votre empire, ſut 

prime, : Om nous accorda a la verité le 
2 dra d' etre jures: mais, en mme tems, on 
| nous 


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nous fit Eprouver qu'il y avolt des obſtacles 
pour nous a la poſſeſſion des emplois. On 
parla d introduire les loix d Angleterre, infi- 
niment ſages et utiles pour la mere-parrie, 
mais qui ne pourroient $allier avec nos cou- 
tumes fans renverſer nos fortunes et dètruire 
enticrement nos | poſſeſſions. — Tels ont 
ete depuis ce tems, et tels ſont encore, nos 
juſtes ſujets de crainte; temperes neanmoins 
par la dougeur du n de votre 
Majeſté. F 81 . CN AQ: 
< Daignez, illuſtre et genereux Monarque, 
diſſiper ces craintes en nous accordant- nos 
anciennes loix, privileges, et coùtumes, avec 
les limites du Canada telles qu elles étoient 
cy- devant. Daignez repandre également vos 
bontes ſur touts vos ſujets fans 1 
Conſervez le titre glorieux de Souverain d' u 
peuple libre. Eh! ne ſeroit- ce pas y Sonnet 


atteinte, fi plus de cent milles nouveaux ſujets, 


ſolimis a votre empire, -Etoient exclus de votre 
ſervice et prives des avantages ineſtimables dont 
joüiſſent vos anciens ſujets ? — Puiſſe le ciel, 

ſenſible à nos prieres et nos vœux, faire joüir 
votre Majeſtè d'un regne auſſi glorĩieux que 
durable! Puiſſe cette auguſte famille d Han- 

ovre, a laquelle nous avons prèté les ſermens 
de fidelite les plus ſolemnels, contiziger a 
regner ſur nous a jamais! 

Nous finiſſons en ſuppliant votre  Majeſts 
de nous accorder, en commun avec ſes autres 
 lujets, les droits et 2 de Citoyens An- 


* 


A 


A 


A 
A 


ES | 


glois. Alors nos exaintes ſèront diſfipèes: nous 
filerons des jours ſerains et tranquilles; et nous 
ſerons toujours pręts a les ſacrifier pour la 


gloire de notre Pe et le bien de ndtre 


patrie. : SIT) 0 : 


19399 2810009 ? | | 
c Nous. foes, . avec 1 ſubmiſſion la plus 
n r 


agg W De votre Majeſte, 
c 2 trd5-obdiſſant, tres-zeles, et 
; "C0 ſujets, 


all Er. Simonnet, 
21 * 33 Landriéve, 
De Rowville, 
De Rouville, fils, 
Loangueuil, | 
„ Hettel Beau baſſin, 
8 St. Difier, | 
John Vienne, 
80 e ka Penet, 
131 abe Palliau, ; 
* k:IJJaillebout de Cuiſy, 
— dien de Cuiſy, __ 


420 2 Catne, fils, 
- 11:6 DON de Beleſtre, 
* $6:Qurs, 


St. Ot rs, fils, 
„ Thevaſier de St. Ours, 
_ 225: Feſcbaillon, 

« Carilly, * 


1 — n I 
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ä—gQZLTLö—U — ——— — — ee 2 
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[_ 2336 J 

La Corne, e 
Le Moine, | hh 
Quinſon de St. e, fe 
Guy, 

Pouvret, 

Contre cœur, 

St. George Du Pre, 

Des Rivieres, 
Louvigny de Montigny, | 
Montigny, fils, 
S 
L. Potlier, 

Jean Crittal, 

J. G. Hubert, 

Pierre Panet, fils, 

Fr. Cariau, 

Pierre Foretier, 
Landriaux, 

L. Defoui, 

J. G. Pillet, 
La Comde, 

2 ” - La Combe, 
E Sanguinet, 
F Jobert, © 22 
7 J. Sanguinet, 
6 

6 

P 


4 A & K W A & 4% 


N 


M. Blondeau, 
8. Chaboille, 


5 
J 8. Bouraſſa, 


. J. B. 


dont les dix-neuf vin 
* ſujets-;---Vavancement de ſon agriculture ;-- 


4 arp ] 


J. B. Blondeau, | 
nn Valle, 

7 _ Pillet, Ii St 28. 
6; L. Baby, * 


2 50.85 P. Pillet, 19! 
$44 ON * 1 We. ü 


— > 


* F oucher, 


” * * 
-+ - · 0 / ery} 2 
'V TE Mt of IS $: 


De Bonne, 


St. AM 
10 e * 


— 


4 Memorial of U the NTT W 88 
etitioner: in Support of their 
Petition. | | 


6 Memoire pour 


i 


- appuge yer 50 — des 
< tres lar et tres fideles nouveaux FM 
* de fa meſs. en Canada. 


8 Aogmentstion 
L 


Gun S FEW pais, * 
il <toit lors du 


vernement Fran- 
„ dont le nombre des habitants excede 
gactuellement 


plus de cent milles àmes, 


Forit nouveaux 


Tencouragement 


. — 2 © > r 1 2 4 2 * MY £2 V1 = 
As — n 8 — Z ST TR; N 
- SP - — "Tf ak — - Pr 2 + « — 
* —. . n „ > 3 7 F * — 
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5 
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18. 
＋ $ 
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[ 118 ] 


© Fencouragement-de ſa navigation et de fon 
* commerce ;----un, arrangement à faire ſur 
* des fondements- incbrantables, qui puiſſe 
* deraciner la confuſion qui y regne, faute 
de loix fixes et autoriſees; ſont des points 
« preſentement en conſideration qui ſont dig- 
6 nes de la ſageſſe du gouvernement. 
La conſervation de nos anciennes loix, 
4 coutumes, et privileges, dans leur entier, 
* (et qui ne peuvent Etre changes ni alterees 
* fans detruire et renverſer enticrement nos 
titres et nos fortunes,) eſt une grace et un 
* acte de juſtice que nous eſpcrons de la 
bontè de fa mgjeſte. . 
* Nous demandons avec ey 12 la partici- 
pation aux emplois civils et militaires. 
* L'idee d'une excluſion nous eftraye. Nous 
avons prete a ſa majeſtè et,a Vauguſte fa- 
mille d' Hanovre le ſerment de fdelite 1e 
plus ſalemnel: et depuis la conquète nous 
* nous ſommes  comportss en 10 cles; ſujets. 
* Enfin nd6tre zele et nôtre attachement nous 
© feront toujours ſacrifier nos nos jours pour la 


* gloire, de notre ſouverain et la TO” de 
1 Etat. 


5 — 2 . 44 n 
La colonie, calle. qu elle by Fe thy 3 


tenant par Ia ligne de quatante>eing Ye 
eſt trop reſſerrèe dans ſes limites. 15 


ligne, qui la borne, paſſeoà environ guinze 
lieües au deſſus de Montréal: et 4 


dant c "ft ___ SAW: bt e les teres ſe 
298 r csv 2 | . ent 


= w* > _ a 


4 


* 


IF 1191 


by trouvent EM 
avec plus davantage Tagriculture. Nous 
5 „ſupplions que, comme ſous le tems du 

gouvernement Frangols, on laiſſe a nôtre 

colonie touts les paſs d enhaut connus ſous 
es — de Miffilimakinac, du Detroit, et 
K _— _ acents juſques au fleuve du Mifſi- 
ſſipp résunion de ces poſtes feroit 
+ —— plus nèceſſaire A nõtre pais que, n'y 
ayant point de juſtice Etablie, les voyageurs 
de mauvaiſè foi; 'auxquels nous fourniſſons 
4 des marchandiſes pour faire le commerce 


avec les ſadtvages, y reſtent impunẽment 


avec nos effts ; ce qui ruine entietement 
< cette oolonie, et falt de ces poſtes uns re- 
« traite de brigands eee. de ſoalever les 
_ © nations ſauvages. 12 
de. Nous deſirons auſſi qu wil * A m. ma- 
_ © jeſts re- unir à cette colonie to 'cdte-de' La- 
© brador, (qui en a étè auſſi ſouſtraite,) telle 
qu'elle y <ctoit autrefois. La peſche du 
loup marin (qui eſt le ſeule qui ſe fait 
* ſur cette cote,) ne S exerce que dans le fond 
* de Thyver, et ne dure ſouvent pas plus d'une 
quinzaine de jours. La nature de cette 
peſche, qui n'eſt connue. que des habitants 


de cette colon e 32 ſon peu de dure j--- 


* rigtieür de la ſaiſon, qui ne permet 
point aux havires « de reſter ſur les cõtes; 

* combinent; A exclurre touts les peſcheurs 
N viennent de Wage. 8 

op NT Nous 


et que peut Sctendre 


1 
— — - — — — ö— _———_— 
r ———— —＋—˖⁵ꝑ — — 


1 


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=. 
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COINS 
En ate 


L 120 J 


Nous reprẽſentons humblement que cette 
colonie, par les fleaux et; ,calamites de la 
guerre et les frequents incendies que nous 
avons eſſuiés, n'eft pas encore en état de 
payer ſes depenſes, et, par conſequent, de 
former une chambre d'afſemblee. Nous 
penſons qu un conſeil plus nombreux qu il 
na ete juſques ici, compoſe d anciens et 
nouveaux ſujets, ſeroit beaucoup plus & 
Pp. „ 5 Ss 4 a 
Nous avons lieu d eſperer des ſoins pater- 
nels de fa majeſte, = les pouvoirs de ce 
conſeil ſeront par elle limit6es, et qu ils 
S'approcheront- le plus qu il ſera poſſible, 
a la douceur et à la moderation qui font la 
baſe du gouvernement Britannique. Wo 


"Ws oe. ! WS. Ss, , re 


* 
K W W W 86 


. 


Nous eſperons d' autant mieux cette grace 

* que nous poſſedons plus de dix douziéemes 
des ſeigneuries et prèſque toutes les terres en 
rotures. 8 111 ie 

Fr, Simonne t, 

Landrieve, #11} 5 

De Rouville, 

De Rouville, fils 


Hertel Beau baflin, 

St. Diſier, al 

In. Vienne, 

La Perier, : 
Le Palliau, ; 
J. Daillebout de Cuiſy. 
J  Gordien de Cuiſy, fils, 

La 


* 


£834 


* 


211 


Chevalier de St. Ours, 


Louvigny de Montigny, 
M.-ontigny, fils, 


Fr. La Combe, 


e * * = | hs r 
3 7 — 1 of _ 
n 7 


gore rn eo Een = HEM 
* bo RAE - om. 8 3 n 
2 ** r —— — — - 
<< 


La Corne, fils, 
Picote de Beleſtre, 
St, Ours, 


St. Ours, fils. 


Peſchaillon, 
Carilly, 
La Corne, 
Le Moine, 
Quinſon de St, Ours, 
Guy, 2 
Pouvret, mp 
Contre coeur, 
St George Du Pre, 
Des Rivieres,- 


Sanguinet, 
L. Porlier, 
Jean Crittal, | 
J. G. Hubert, C 
Pierre Panet, fils 
Fr. Cariau, 
Pierre Foretier, _ 
Landriaux, 

L. Defoui, 

J. G. Pillet, 

La Combe, 


Ch. Sanguinet, 
Jobert, 

J. Sanguinet, 
M. Blondeau, 
8. Chaboille, 


Eauge, 


4 


. 

4 122 ] 
1 N 

[ { i þ 


f 

. . 

I | „ ee Range, | | 
A % 21,5237 J. G. 8 
| TJ. La Croix, 

+ 


P. Panet, 


| 5 ; "> Gaaſlon, . 
4 1g J. B. Blondeau, 
1 i102. Vallls, 
# -. 1 Le Grand, 
. Pillet, 
L. Baby, 
P. Pillet, 
Hamelin, fils, 5 
Laurent Du Charme 
Foucher, | 
[= 2 Berthelot, 
x oh 80 Lamber St. Omer, 
Meziere, 
De Bonne, 
St. Ange, 
Gamelin.” 


The two foregoing French papers, being 
tranſlated into Engliſh, are as follows. 


* 


3 Tranſlation 


: [ 7 


* * 3 * o 
„ — * 7 — gene — 2 
2057 851701 1 Das 2 1 N 


Tranſlation f the 9 Petition 


of divers of the Frenct Inhabitants | 
of the Province of Quebeck to the 
King's Majeſty, which was ſigned 
about the ” Marth of Desen, : 
1773, and pteſented to the King 


bout: FAO . ac 


* 


* } 4 I 7 * 1 * ra? * 1 | 8 8 1 
„ 4 85 4.4 ts 44 s #4 5 ib ud 1 144 * 4 
* 


2a = 8 A 


2 R moſt bediene and - Faithful new 
ſubjects in the province of Canada take 


6 the Jibo#ty"to'pr roſtrate themſelves at the foot 
of your Wrede in order to lay before you 
the ſefltimentt of reſpect, affectiön, and 


obedience towards you auguſt perſofl Wich 
© whichytheir' hearts Overflow, and to 2 Sunn 


to your majeſty their moſt humble thanks 
for your paternal care of their welfare. 


' . 
AN NB OO nb pt > 


Gur gratitude obliges us to acknowledge, 
that abs frightful — of conqueſt 
by your majeſty s vi orious arms did not 
long continue to excite our lamentations 
and tears. They grew every day leſs and 
leſs as we gradually became more acquainted 
with the happineſs of living under the wiſe 
regulations of the Britiſn empire. And 
even in the very moment of the conqueſt, 

we were far from feeling the melancholy 
clfects of reſtraint and captivity, For the 


* . © wite 


= — = n = £ 6 1 
K — n — 8 9 = % 
9 A 
—— — — — — ” 
\ - — 1 ” _ * 1 — _ 1 
y ka ; 
PET 


2 


P 


— —_— 
w— 7 — — — — * 
— x — — — I SIND — 


8 
— 


„ Tenn earn 9 _ 
. * * — * * 


{A 
k\ 

7 
- 


— — .- 3 
8 + » oe AAR 


_— * * a "IS - 
— — — — ra ER + SA. — 


. 

\ 

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| 
* 
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ͥIc ß 8% Ga M M A⏑ G h *F & M 


{ 196]  - 
wiſe and virtuous general who conquered: 
us, being a worthy repreſentative. of the 
glorious ſoveteign who entruſted. him with 
the command of his armies, left us in 
poſſeſſion of our laws and cuftoms: the _ 
free exerciſe of our religion was preſerved 
to us, and afterwards was confirmed by the 
treaty of peace; and our own former.coun- 
trymen were appointed judges of our dif- 
putes concerning civil matters. This exceſs 
of kindneſs towards us we ſhall never forget. 
Theſe generous proofs of the clemeney of 
our benign conqueror will be carefully. * 
ſerved in the annals of our hiſtory; and we 
ſhall tranſmit them from generation to gene- 
ration to our remoteſt poſterity. Theſe, 
Sir, are the pleaſing ties by which, in the 
beginning of our ſubjection to your ma- 
jeſty's government, our hearts were ſo 
ſtrongly bound to your majeſty ; ties which 
can never be diſſolved, but which time will 


only ſtrengthen and draw cloſer, - - | - 


In the year 1764, your majeſty thought 
fit to put an end to the military government 
of this province, and to eſtabliſh a civil go- 
vernment in its ſtead. And from the inſtant” 
of this change we began to feel the incon- 
veniencies which reſulted from the intro- 
duction of the laws of England, which till 
then we had been wholly unacquainted with, 
Our former countrymen, who till that time 
had been permitted to ſettle our civil diſputes: - 
| without 


CE LE 


c Without any expence to us, were 
for their ſervices, and diſmiſſed: 


= 
« militia of the province, Ae da andthe | 


been proud of bearing that honourable name 


« under your majeſty's command, was Jaid 


aſide. It is true indeed we were ad 
to ſerve on juries: but at the ſame time we 
were given to underſt there were 


aces under your majeſty;s. government. 
Fo were alſo ad that 7 . England 
were to take place in thè province, which, 
though we preſume them to be wiſely 7 — 
« to the regulation of the mother- country for 
« which = were made, could not be blended 
and applied to our cuſtoms without totally 
« overturning our fortunes and deſtroying our 
poſſeſſions. Such have been ever ſince the 
* zra of that change in the government, and 
ſuch are ſtill at this time, our juſt cauſes.of 
uneaſineſs and apprehenſion ; which how- 


A 1D, . . C) 


Tek 


ever we acknowledge to be rendered. leſs 
_ alarming to us by Wa gde d with which 


your majeſty. $ government. has been admi- 
1 


| Vouchſafe, moſt illuſtrious and generous 
4 — to diff —_ theſe, fears and this 


u ring to us our ancient 


laws, orivilegos, and cuſtoms, and. to ex- 
tend our province to its former boundaries. 
Vouchſafe to beſtow your favours equally 
, ow all your 2 in the province, 
* without 


certain obſtacles that prevented our holding 


2 
rr < 
* — — 2 — 8 . 0 * 


—— — 
* FRE. * 


— *. * - 


—_— = — 3 = þ 1 i ys Ly = ” 2 * 
— Wo =? 8 7 £55 i * * 3» 
X'* — EIS_Þ4. * © pO RE A — — » "wA 
4 


2 2 


— _ — 
* Cn 5 * 
I — D be - — 3 ü — —— — — — 
* * 2 - * 5 a __- - * he — - a "I. - 


_ OT A E ES Ea 


«without any Ginction! Preſerve che glo- 


£ 
4 


rious title of "ſovereign of a free peoplè: * I | 
title which ſurely would ſuffer ſome dimi- 


9 © ription, if more than an hundred thouſand 


c 
Cc 


2: + G-8.-8 


® SS A . 


a 


ſubjects. May heaven, propitious to Gur 
withes and our prayers, beftow upon y 
majeſty a long and happy reign! May the 5 
| 7 8g family of Hanover, to which we 
have taken the moſt ſolemm backe © of fide- Fa 


ew ſubjects of your majeſty in this province, 
had - ſubmitted to your government, 
were to be excluded from your fervice, and 
deprived of the ineſtimable advantages £ 
which are enjoyed by your majeſty” s antient 


15 


(0.3: 217923 — oy 
ow # 


Ry: 25 5 N 2211448 © 

We d e by i intreating your majeſty 
to grant us, in common with your other 
ſubjects, the rights and privileges of citi- | 
zens of England. Then our fears will be 
removed, and we ſhall paſs our lives in 
tranquillity and happineſs, and ſhall 'be 


always ready to ſacrifice them for the glory 
of our prince and the good of our bounty. 


© We are, with the moſt profound ſub- 


miſſion, 


© Yourmajeſty' s moſt obedidht; wen loyal,” 
Hom moſt faithful ſubjects, A e 


« F "oh Simonnet, &. Kc. 


2 


5 


Tranſlation 


} « 


{ 127 ] 


237157 > 


Tranflation 855 18 3 Memo- 
rial in Support f the Requeſts 


made by his Maj jeſty 's; moſt ob bedi- 


ent and moſt at ful new Subjects 
in Canada, in their Petition above- 
mentioned. | | ey 


> 2 . 2 1 , 
py Sa LID. r 0 % n * 4» + 
af ht &. ” s Wit 4 3- 
4 


"FE, improvement of 10 * a Eel 
| as Canada is, if conſidered as having 
the ſame boundaries as it had in the time of 
; the French government; a country in which 
there are at preſent more than an hundred 
N thouſand inhabitants, of whom; more than 
nineteen in twenty are new ſubjects of the 
king ;- the increaſe of agriculture in this 
country ;---the encouragement of its trade 
and navigation i ſettlement. of the laws 
by which its inhabitants are to be governed, 
built u n ſolid and immoveable founda- 
tions, ſo as to remove and cut up by the 
roots the, confuſion which at preſent ver- 
ſpreads the province in conſequence of the 
_ Want of clear and known laws eſtabliſhed 
3 3 an jnconteſtable 4515 5 are points 


e Tanten. | 


a W W W A . a. Aa f A 


>a 4 a4 


L 51 fy its attention — ag 5 
22 Ihe continuance of our ancient Jaws,: 
8 a dee. in their whole ex- 


4 tent, 


* 
* 


4 

1 

* 
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F #7 

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ſ 228 J 


tent, (becauſe it is impoſſible to change's or 
alter them without deſtroying and totally 


overthrowing our titles to our eſtates and 


our fortunes;) is a favour, and even an act 
of juſtice, which we ho pe for from the 


goodneſs of his ma — 
We ardently Fr arc be W to a 


ſhare of the civil and military employments 
under his majeſty's government. The 
thought of being excluded from them is 


frightful to us. We have taken the hol 
ſolemn oath of fidelity to his 8 
the auguſt family of 1 Hanover: ever 


ſince the conqueſt of the country, we have 
behaved like loyal ſubjects. And our zeal 
and attachment to our gracious ſovereign 
will make us always ready to ſacrifice our 
lives for his glory and the defence of the 
__ ne 

The province, as it is now bounded by a 
line paſling through the forty-fifth degres of 
north latitude, is confined within * narrow 
limits. This line is only fifteen leagues 


diſtant from Montreal. And yet it is only. 


on this fide that the lands of the the province 


are fertile, and that agriculture can be cul- 
tivated to much antage. We deſire 


therefore that, as under French 
vernment our colony was permitted to ex- 


tend over all the u countries known 
under the names of Michilimakinac, De- 
troit, and other adjacent places, as far — 

the 


£ 
7 
„ 

| 


2 


1 


« the river Mims Ippi,” ſo it may now be en- 
 large@ to the fame extent. And this re- 


anfletation of theſe inland poſts to this pro- 


vince is-the more neceſſaty on account of 
the furCtrade which the f people of this pro- 
vince carry on to —2 becauſe, in the 


preſent ſtate of things, as there are no courts 


of juſtiee whoſe juriſdiction extends to thoſe 
diſtant places, thoſe of the factors we ſend 
to them with our goods: to trade with the 


Indians for their furs'who happen to prove 


diſhoneſt continue in them out of the reach 
of their ereditors, and live upon the profits 
of the goods entruſted to their care: Which 
intirely reins this colony, and turns theſe 
poſts into harbours fbr rogues and vagabonds, 
whoſe wicked and violent conduct is often 
likely to gie riſe to wars with the Indians. 
Wr deiſire alſo that his majeſty would be 
graciouſly pleaſed to re- annex to this i | 
vince the coaſt of Labrador, which for- | 
merly belonged toit; and has been taken 
from it inet the peace. The fiſhery for 
ſeals, wllich is the only fiſhety carried on 
upon this coaſt, 485 carried" on only in the 


middle of Winter, and ſometimes does not 
laſt Abbe a fortnight. The nature of this 
fiſhery, which none of his majeſty s ſubjects 
but dhe inbapitants Of thi :provithee under- 

the ſhort time of its continuance; 3 


A 


ok Pay 


2 <Ihich makes it „ for ſhips to con- 


* tinue 


ſeverity of the weather, 


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tinue at that time upon the coaſts; are eir- 
cumſtances which all conſpire to exclude 
any fiſhermen from Old England from hay- | 


ing any ſhare in the conduct of it. 


We further moſt humbly repreſent that, 


by means of the ravages and calamities of 


the late war, and the frequent fires that 
have happened in our towns, this colony is 
not as yet in a condition to defray. the ex- 


pences of its own civil government, and 


conſequently not in a condition to admit of- 


a general aſſembly. We are therefore of 
opinion that a council that ſhould confiſt of. 


a greater number of members than that 
which has hitherto ſubſiſted in the province, 


and that ſhould be compoſed. partly of his 
majelty's old ſubjects, and partly of his new 
ones, would be a much fitter inſtrument: of 


government for the province in its en 
ſtate. | 


* We have reaſon to hope, Gland the pa- 
ternal care which his majeſty has hitherto 
ſhewn for our welfare, that the powers of 
this council will be reſtrained by his majeſty 
within proper bounds, and that they will be 


made to approach as near as poſſible to the 


mildneſs and moderation which form the 
baſis of the Britiſh government. 


We hope the rather that his majeſty 


will indulge us in the above requeſts, be- 


cauſe we * more _ ten out of wn 


[ 1 1 


© of all the e in the province, and 
* almoſt all the lands of the other tenure, or 


* which are holden by rent-ſervice. 
| 7 Fr. Simonnet, &c. &c. 


at. 


It is eaſy to ſee that the foregoing petition of 
the aforeſaid French inhabitants of Canada has 
been made the foundation of the act of par- 
liament above-recited. But there is reaſon to 
think that this petition is by no means agree- 
able to the general ſenſe of the body of the 
Canadians, notwithſtanding it pretends to be 
ſo. For, in the firſt place, it may be obſerved, 
that the number of names to this petition is 
only ſixty-five, which is a much ſmaller num- 
ber than thoſe which were ſigned to the pe- 
tition of the Engliſh for an aſſembly, which 
were 148. And to make up this num- 
ber of ſixty-five names, ſome of the pe- 
titioners have made their children fign it, who 
were either young men under twenty-one years 
of age, or lads of fifteen or ſixteen, or younger, 
at the ſeminary of Quebeck. Of this kind 
are, as'I am informed, Mr. Peter Panet, the 
fon, and Mr. St. Ours, the ſon, the latter of 
whom was born in the year 1760, a month or 
two after 'the ſurrender of the country to Sir 
Jeffery Amherſt, and therefore was, at the 
time of figning this petition, about 13 years of 

4 5 age. 


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| jeſty for the con tinuance, of, the Engliſh laws, 


[ 498 3 
age. And infinite pains were taken, (as Lam 
aſſured from good authority, ) by the popiſn 


biſhop and his clergy, to procure the ſigna- 


tures that are found to it. For the truth is, 
that the majority of his majeſty's new Cana- 


dian ſubjects of the induſtrious ſort, (that 


were engaged in trade or agriculture, and had 
not been officers in the French king's troops, 
or held other employments under the French 
government,) have rather expreſſed a liking 
for the general body of the laws of England, 
ſince they have had experience of them, than 
a with to ſee their former laws reſtored ; hay- 
ing enjoyed, and being. always ready to ac- 
knowledge that they have enjoyed, a greater 
degree of liberty for their perſons, ſecurity 
for their property, and encouragement to the 
exertion, of their , induſtry in trade and agri- 
culture, ſince the introduction of the laws of 
England into the province, than ever they, had 


known before, together with, what they va- 


lue perhaps more than all the reſt, an exemp- 
tion from the inſolent and capricious treatment 
of their former ſuperiours. And, in purſuance 
of this favourable opinion entertained by them 
of the Engliſh laws, great numbers of them 
were, ſome time after the arrival of the late 
act of parliament in the province, diſpoſed 
(as my correſpondents in. the province aſſure 
me in the moſt poſitive terms,) to join with 

the Engliſh inhabitants in petitioning his ma- 


and 


r 


re 'S 


C om}. 


and were auly:deterred from doing fo by falſe 
alarms ſpread arnonꝑgſt tliem by Geir ſuperi⸗ 
ours concerning [the dangers td which itheit 
religion vold/boaipoſed if they-were tocjoin 
with the Englſh ihiany publick repreſentation 
whatſoever, ;\;The: paſſage of tho letter of my 
correſpondents, i ins which they relate this in- 
portant fact, is ſo remarkable, that I beg 
leave to tranſcribe the very words of it. They 
are as follows. In Juſtice to the bulk of 
« the Canadian inhabitants, who have for- 
* merly ſmarted under the rigour of the 
French government, And the caprice of 
« petty tyrants of thoſe days, we muſt con- 
** fels that they: prefer infinitely Engliſh law, 


< which ſecures their Hberty and property, 


<* and gives a free ſcope to their induſtry, and 
« dread falling again under the lawys and 
** cuſtoms of Canada. Thi Ra. declare upon 


bas our own certain Knowles 2, AS J. eat, 
wad numbers throughout 1 rovince ave 


hd offered to join us in Pezitioning, for the 


1. 
4 2 


ing eir conſent, bra r e of 
< the 9 0 iich ee ö 5 


© few perſons i in he Pe $2 WI en we 
” had prepared 4 paper, at their. deſire, for 
4 them tg fign,. expreſſing thels, well-known 

« facts, they informed us that they, were 


te with-held b by their ſu & ſyperiones, and com- 
845 wanded not to join 


Engliſh i in any 
« publick 


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c“ publick repreſentations: for, if the) 


“religion; but, if they remained quiet, they 
*© might depend upon 4 that the Engliſh laws 
* would not be changed.” Theſe are the 
words of a letter dated at Quebeck on the 12th 


day of November, 1774, which 1 1s higned by 
the following gentlemen, FINE? 


Thomas Walker, © 
John Aitkin, 
John Welles, 
John Lees, 
Zachary MacAulay, 

James Price, - 5 
Randle Meredith, 

John Blake, 
Iſaac Todd, 


who are a pointed by the other proteſtant 
ſettlers of the province of Quebeck to prepare 
their petitions to the king's majeſty and the 
two Thus of parliament for a repeal or 
amendment of the late act of parliament for 


the government of that province. It ſeems 


reaſonable therefore to conclude that the fore- 
going French petition and memorial did not 
contain the ſenſe of the bulk of the Canadians, 
and that it was by no means neceſſary to their 
ſatisfaction, that the whole body of the French 
laws upon civil matters ſhould be revived, and 
the We laws | upon thoſe ſubjects ſup- 
— 


did, ; © 
they would infallibly be deprived o their 


1881] 


reſſed; but that, on the contrary, that 
ay valuable. end might have 2 hat great 
tained by continuing the general body of the 
civil as well as criminal laws of England, and 
_ reviving or confirming only ſuch parts of the 
former French laws as related to the tenures 
of land, the manner of conveying and ſettling 
it, and the tranſmiſſion of it to new poſſeſſors 
by dower . and inheritance upon the deaths of 
its owners, and, perhaps, a few other heads — 
French law relating to their domeſtic 
and family concerns. And to ſuch a . 
of only Wes parts of the French laws the 
Britiſh. and — ach ſettlers in the province 
have often declared that n ſhould not _ 
had the leaſt obſection. 
In the next place, it may by ben con- 
2 the foregoing petition, that the 
object of the perſons who have ſigned it, is 
evidently to be admitted to places of truſt and 
profit, and, in order thereto, to have that = 
«tha law of England repealed and aboliſhed: 
you diſqualifies Romah-Catholicks From 
them. It is againſt this part of the 
Eaglik law that they ex — themſelves with 
ſo much warmth, as —. oppreſſive and tyran- 
nical in a high degree, and boldly expoſtulate 
with the king, (to whom they hae before uſed ſo 
many expreſſions of ſubmiſſion and gratitude,) 
as treating them in that reſpect like a nation 
of ſlaves. On nous accord 2 la verite le droit 
« etre jures : 1 mais, en meme tems, on nous fit 
| « eprouver 


0 x56 } 


4 eprouuer qulil y avuoit des -obflactes* pour aol N 
725 8 ons bs thife 
<« glorieux: de ſcuarain Bun peaple' libre. ba 
ne ſeroit-ce pas y donuer atteinte; i plus de cond 
ce. milles nouvaaum fajets, ſodmts* BY Vorre empirs, 
« gloient exclus de wõtre ſerwite; er pri ves des 
* avantages ineſtimables ahnt jcii i ſent obs anciens 
&« ſujets ? Nous finiſſons'ew ſuppliant vitre 
« 'majefte de nous accorder; en cou aver 
* autres fugets, les droits et pri viliges de" citojenis 
% Anglais. The ineſtimable advantages end 
joyed Dychis majeſty's antient, or Britiſſi, ſubs 
jects, and the Wee and privileges of citizens 
of England, are, in their opinion, the capaeith 
of holding places of truſt and profit. 977 T hal 
- PR, in — to. this opinion, and 


mug er, 


of an Engliſnman, and the want of it makes 
4 man a ſlave, many a natural born ſubject of 
his majeſty, that was never out of! England, 
and never thought but with horror of drawing 
his —— againſt the crown of 2 
is a total ſtranger to thoſe riglits and privil 
and, in — an . F a ot | 
only all the Roman-Catholicks e of | 
land and\Ireland, (notwithſtanding the great 
number of them in the latter country,) and 
in every other part of the Britiſſi — 
are excluded from this privilege, on acoount 
of the dangerous and hoſtile nature of their 
n to the government of What they dall 
a heretick | 


—— W the rights: wid) privilepes 


k. 0% 1 


a heretick king and parliament, but even all 

Preſbyterians and Quakers, and other pro- 

teſtant diſſenters from the church of England, 

in England and Ireland, labour under the ſame 

diſability, unleſs they conſent to remove it by 

3 conforming to the ceremonies of 
e 


ſtabliſhed church. Yet, as they fully 


enjoy the ſame degree of liberty of perſon, and 
ſecurity of property, with their fellow-ſubjects 


of the church of England, and the proteſtant 


diſſenters have alſo a ſort of toleration of their 
religious worſhip, (though far leſs compleat 
than that which the Canadians have enjoyed, 
ever ſince the peace, of the worſhip of the 
church of Rome,) they are tolerably well 


ſatisfied, and do not complain to the king that 


he treats them as ſlaves, becauſe they are not 
admitted by the laws of the land to places of 
truft and profit. Surely therefore the Cana- 
dians, who are a conquered people, and were 
ſo lately in arms againſt the crown, ought to 
have been ſatisfied with the full enjoyment of 
their property of every kind, moveable and 
immoveable, (which was granted them by the 
capitulation,) . together with ſo much of the 
French laws and cuſtoms as is neceſſary there- 
to, (which will be found upon-examination 


to: be the laws of the tenure, alienation and. 


ſettlement, dower and inheritance, of landed 
property, and, I believe, nothing more) and 
the full enjoyment of the religious worſhip 
preſcribed by the. * of Rome, (hoſtile as 


'® 


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4 eprouutr quit y.avoit des obflacks" : pour none N 


"Ty ene, eee b 


4 glorieuꝶ de Jeaveratn Hun peuple libre. Fb 
&« .ne ſeroit-ce pas y 'donher atteinte; ſi plus de c 
<«  mitlles NOuVeaux: 2 Hes, ſoimrs' 2 od oy pe 
« efoient exclus de wbtre” ſerwice; er pri vos des 
* avantages ineſtimables dont. ici iſſemt ob anciens 
&« ſujets ? N finiſſons'ew ſuppliant vitre 
e majefte,de nous accorder, en commun aver ſts 
* autres Jujets, les droits et privileges. de" citopens 
% Anglois. The ineftimable advantages end 
joyed by his majeſty's antient, or Britiſſi, ſubs 
jects, and the rights and privileges of citizens 
of England, are, in their opinion, the capacity 
of holding places of truſt and prufit. I ſhall 
2 obſerve, in anſwer. to this opinion, and 

the requeſt they ground upom it, that, if this 
capacity conſtitutes the rights and privileges 
of an Engliſhman, and the want of it makes 
à man a ſlave, many a natural born ſubject of 
his majeſty, that was never out of! England, 
and never thought but with horrot-of drawing 
his ſword — Pa: tr 3 0 
is a total ſtranger to thoſe riglits and privile 


and in their fahle, am Abſoidterfdve , For ol 


only all the Roman-Catholicks both of 
— and Ireland, (notwithſtanding the great 


number of them in the latter country,) and 


in every other part of the Britiſi dominions, 
are excluded from this privilege, on acoount 
of the dangerous and hoſtile nature of their 
—_ to the government of hat they ball 

a heretick | 


FE 


a heretick king and parliament, but even all 
Preſbyterians and Quakers, and other pro- 
teſtant diſſenters from the church of England, 


in England and Ireland, labour under the ſame 


diſability, unleſs they conſent to remove it by 
occaſionally conforming to the ceremonies of 
the eſtabliſhed church. Yet, as they fully. 
enjoy the ſame degree of liberty of perſon, and 
ſecurity of property, with their fellow-ſubjects 


of the church of England, and the proteſtant 


diſſenters have alſo a ſort of toleration of their 
religious worſhip, (though far leſs compleat 
than that which the Canadians have enjoyed, 


ever ſince the peace, of the worſhip of the 


church of Rome,) they are tolerably well 
ſatisfied, and do not complain to the king that 
he treats them as ſlaves, becauſe they are not 
admitted by the laws of the land. to places of 
truft and profit. Surely therefore the Cana- 
dians, who are a conquered people, and were 
ſo lately in arms againſt the crown, ought to 
have been ſatisfied with the full enjoyment of 
their property of every kind, moveable and 
immoveable, (which was granted them by the 
capitulation,) . together with ſo much of the 


French laws and cuſtoms as is neceſſary there- 


to, (which will be found upon examination 
to be the laws of the tenure, alienation and 


ſettlement, dower and inheritance, of landed 


property, and, I believe, nothing more ;) and 
the full enjoyment of the religious worſhip 
preſcribed by the church of Rome, (hoſtile as 
13 — * 8 N 


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2 3 5 
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i 11] 
it is to the Britiſh name and nation,) by a | 
compleat legal toleration, but without an eſta- 
bliſhment, or compulſive proviſion for the 
maintenance of the Romith clergy ; and with 
the privilege of ſerving on juries in all caſes 
both criminal and civil, and of exerciſing the 
profeſſions of notaries, (or licenſed ſcriveners) 
attornies and advocates; and with a partici- 
pation, (in common with their new fellow- 
ſubjects, the Britiſh ſettlers in the province,) 
of thoſe valuable parts of the law of England 
which protect in ſo eminent a manner the 
liberty and property of all the ſubjects of the 
crown. And, to do them juſtice, I am per- 
ſuaded that the bulk of them have been ſatiſ- 
fied with theſe advantages which they have 
enjoyed ever fince the peace, though a ſmall 
number of perſons, who have but little con- 
nection with, or influence over, the body of 
their countrymen, have, through a deſire of 
obtaining places of truſt and profit, ſollicited 
his majelty for more. | N 

This capacity of holding places of truſt and 
profit is of importance to but very few perſons 
in the province, to wit, only to thoſe perſons 
who might hope, in caſe their former incapa- 
city were removed, to obtain ſome public 
employment. For, as to the body of the 
people, it is evident they can never expect to 
obtain theſe places: and it is pretty certain 
that they are in general better pleaſed witli 
ſeeing the offices of judges, and other * 

of 


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L239] 
of power and authority, exerciſed by Englith- 


men, than by their own former ſuperiours ; 
having found by experience a greater degree 
of juſtice, 4mpartiality, and moderation, in the 
conduct of the Engliſh officers, and, in gene- 
ral, a greater degree of mildneſs in the Eng- 
liſh government in all its branches, than ever 
they had known under the French. And 
many of them have often, as I am well aſſured, 
expreſſed great terror and uneaſineſs at the 
bare mention of a propoſal to re-inveſt their 
former ſuperiours, Err preſided over them 
in the time of the French government, with 
their ancient authority. Their agreeable ſur- 
prize at the mildneſs of the Engliſh laws and 
government they have ſometimes expreſſed in 
words of the following purport. * Il faut 
*« avouer que les loix d' Angleterre ſont fort 
douces, et que nous avons ete fort heureux 
depuis que Meſſieurs les Anglois ont con- 
quis le pais. Car nous avons notre religion 
tout a fait libre, avec nos pretres et nos 
cglifes, tout comme auparavant : et puis on 
nous laiſſe tranquilles, chacun chez ſoi, 
ſans nous rien Oter par des impòts, fans 
nous faire travailler ni marcher a des poſtes 
cloignees pour le roi, ſans nous rien dire, 
ni demander, en pleine et parfaite paix et 
ſirete, comme des petits rois. Cela eſt 
ſeulement trop bon pour durer : et nous 
craignons qu'un jour on nous faſſe ſentir un 
revers de tout ce bonheur qui nous fera re- 
« gretter le bon tems d' aujourd hui. 


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( 140 ] 

Theſe are the ſentiments which the common 
Canadian countrymen have been often heard 
to expreſs. And Mr. Cugnet, (a very ſenſible 
Canadian gentleman of Quebeck, but who is 
ſufficiently given to complain cr the condition 
of himſelf and many of his countrymen fince 
the conqueſt,) has often told me, that the 
common Canadian peaſants, (who are called 
the Habitants, and who live in the country 
upon their own freehold lands, and who are 
nine-tenths of the whole Canadian people,) 
are gainers by the change of government ; 
and that the only ſufferers by it are the inha- 
bitants of the towns, and more eſpecially the 
nobleſſe, gentry, and other perſons who had 
civil or nulitary offices under the French go- 
vernment, or grants from the king of France 


of excluſive rights of trading at particular 


poſts and diſtricts with the Indians for furs, 
of all which advantages they have been 
deprived by the change of government. 
And he uſed to add, as a further misfortune 
to the inhabitants of the towns, that the 
peaſants now fold their corn and other rar 
viſions to them at too high prices, which 
they were not allowed to do under the French 
government, but were obliged to bring it to 
market, and ſell it at ſuch prices as the in- 


tendant ſhould, by a proclamation iſſued for 


that purpoſe, have directed. Thus even the 
exemption of the country-people from this 
very arbitrary power in the intehdant, or go- 
vernour, is made a matter of complaint againſt 


the 


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the Engliſh government by ſome of the perſons 
to whom the exertion of ſuch a power would 


appear to be convenient: I ſay, appear to be 


ſo; becauſe I am perſuaded it would not really 
be ſo, but that the price of corn will in fact 
be lower in the towns of Quebeck and Mon- 
treal -upon the free plan of the Engliſh go- 
vernment, which permits the countrymen to 
get what prices they can for it, and thereby 
encourages them to grow it in as great abun- 
dance as poſſible, than if the price of it was 
liable, as under the French government, to 
be regulated at the diſcretion of the governour. 
I preſume, therefore, that the reader will join 
with me in concluding that it is not the great 


body of his majeſty's new Canadian ſubjects 


that are diſſatisfied with the Engliſh laws and 
government, but only a ſmall number of per- 
ſons (conſiſting partly of the nobleſſe, or 
gentry, of the country, and partly of the diſ- 
carded officers of the French government, 
both in the civil and military fine, whoſe 
views and intereſts are totally diſtinct from, 
and, in ſomedegree, even contrary to thoſe of 
the body of the.people, that have excited the 
complaints that have been made againſt them, 
and have expreſſed ſo eager a deſire of being 
rendered capable of enjoying places of truſt 
and profit. However, it muſt be confeſſed, 
that there are among the names that are ſub- 
ſcribed to the above-mentioned petition thoſe 
of ſome perſons. who are not of this m_— 
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claſs, Such are thoſe of Mr. Le Moine, Mr. 
St. George Dupre, and Mr. L. Porlier, Who 
are, I believe, reſpetable merchants, - and 
whoſe opinions and inclinations deſerve regard. 
Such are likewiſe thoſe of Mr. Meziere, Mr. 
Peter Panet, the father, and Mr. Sanguinet, 
who are all notaries, attornies, and advocates; 
at Montreal. And there are ſeveral other 
names to it of perſons who are ſo far from be- 


ing either of the nobleſſe, or of the body of 


the diſcarded civil or military officers of the 


French government, that they are, as I am 
well aſſured, what the French call des coureurs 
des bois, that is, a fort of low traders, or, 


as it were, pedlars, who go up into the 
interiour, or upper, country of the Indians, 


near the five great lakes, with packs of 
goods to traffick with the Indians for their 


furs. Theſe perſons are, we may preſume, 


but little concerned about the continuance 


of the Engliſh laws, or the revival of the 


French laws, in the province, and ftill leſs 


ſo about the capacity, or incapacity, of his 


majeſty's Roman-Catholick ſubjects to hold 
places of truſt and profit, which are things 
that lie totally out of their ſphere and view. 
And therefore it is probable that they have 
been over-perſuaded by the popiſh biſhop and 


his clergy, and perhaps terrified by threats of 


excommunication, (ſuch as were uſed by the 
ſaid biſhop in the caſe of Mr. Lewis de 
Lotbiniere, a Romiſh prieſt of good family 


in the province of Quebeck, who fell under 


his 


E 
hss diſpleaſure in the year 177 1,) into ſigning 
the foregoing French petition.” As to the 
above-mentioned, ' and any other, French 
lawyers in the. province, it is natural enough 
for them to with for a compleat revival of the 
French laws, in order to get all the law- 
buſineſs of the province into their own hands, 
to the excluſion of the Engliſh lawyers who 
now enjoy a conſiderable ſhare of it, which they 
tranſact very much to the ſatisfaction of their 
clients, Canadian as well as Engliſh. But the 
wiſhes of thoſe gentlemen, grounded on a view 
to their own particular intereſt, ought not to 
be ſuppoſed to govern the ſentiments of their 
countrymen on this ſubject, whoſe - intereſt 
will often be found (by reaſon of their con- 
nections in trade with the Engliſh merchants, 
who carry on much the greateſt part of the 
trade of the province, ) to lie on the other ſide. 
But, if we ſhould ſuppoſe that all the per- 
ſons whoſe names are ſubſcribed to the fore- 
going French petition, do really and eagerly 
deſire (as ſome of them certainly do,) to be 
rendered capable of holding places of truſt 
and profit, (which ſeems to be the burthen of 
the ſong and the great object of their making 
this petition,) does it follow that it was proper 
to gratify them in this requeſt? or is it likely 
that the granting it will remove their com- 
plaints ?---Is it not rather to be expected that 
their ſucceſs in obtaining this requeſt, of be- 
ing made capable of holding places of truſt and 
| | profit, 


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1 144 ] 
profit, will. be only an introduction to their 
making a ſecond requeſt of a more ſubſtantial 
nature than the firſt, that of being actually 
admitted to places of that ſort? And this is 
a requeſt with which it is almoſt. impoſſible. 
to comply. For what places are there in 
the province for them to hold, now that the 
objection of incapacity, on account of their 
religion, is removed by the late act of par- 
liament? This queſtion may be beſt anſwered 
by conſidering all the civil employments in 
the province. They are as follows. That of 
governour in chief of the province held by 
his excellency major- general Carleton; that 
of lieutenant-governour of the province, 
lately exerciſed by the honourable Hector 
Theophilus Cramahé, Eſq; that of chief 
juſtice of the province, held by the honour- 
able William Hey, Eſq; that of attorney- 


general of the province, held by Henry 


Kneller, Eſq; that of receiver-general of the 
publick revenue of. the province, held by Sir 
Thomas Mills; thoſe of ſecretary of the pro- 
vince, clerk of the council, clerk, ior regiſter 
of the inrollments of deeds and patents, and 
commiſſary of the ſtores, all held lately, by 
one patent under the great ſeal of Great- 
Britain, by Henry Ellis, Eſq; (who was for- 
merly governour of Georgia,) and ſince, upon 
the ſurrender of Mr. Ellis's patent, by virtue 
of a ſecond patent under the great ſeal of 
Great-Britain, by a Mr. Roberts, a 
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of the late lord Clive, and executed by Mr. 
George. Alſop, his deputy ; thoſe of the two 
judges af the court of Common-pleas at Que- 
beck, held by Mr. Mabane and the honoura- 
ble Mr. Thomas Dunn; that of clerk to the 
ſaid court, held by Mr. Shepherd; thoſe of 
the two judges of the court of Common-pleas 
at Montreal, held by captain John Fraſer, 
and Mr. Martehl; that of clerk to the ſaid 
court, held by Mr. John Burke, in purſuance 
of a mandamus from his majeſty in the year 
1767; thoſe of the two clerks to the court of 
King's- bench, the one for the criminal buſi- 


neſs, called the clerk of the crown, and the 


other for the civil buſineſs of the court; thoſe 
of. judge of the court of Admiralty, and of 
the king's advocate in the ſaid court; thoſe 
of the provoſt-marſhals, or ſheriffs, of the 
two diſtricts of Quebeck and Montreal, held 
by Mr. Jacob Rowe and Mr. Edward Gray; 
that of ſurveyor- general of the king's lands in 
the province, held by captain Holland, an 
officer of the Royal American regiment, who 
diſtinguiſhed himſelf by. the ſervice he did in 
the defence of the town of Quebeck, when it 
was beſieged, by the chevalier de Levy after 
the defeat of general Murray's army on the 


27th of April, 1760, and whois an excellent 


engineer and ſurveyor, and of indefatigable 
induſtry, which he has heen for ſeveral years 
paſt, and is ſtill, employing, by order of the 
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[146 f 
moſt accurate ſurvey of all the provinces 
in the northern diſtrict of North-America; 


that of naval officer of the province, held by 


a ſon of Sir Cecil Biſhop, and executed by a 
deputy reſiding in the province; an inferiour 
office, or two, of ſmall value, in the cuſtoms, 
under the collector and comptroller of them; 
thoſe of overſeers of the chimnies in the towns 
of Quebeck and Montreal; thoſe of grand 
voyers, or ſurveyors of the highways, of the 


diſtricts of Quebeck and Montreal; which 


(being little more than nominal offices, with 
ſalaries, or penſions, of 1001. a year annexed 
to them) have been already beſtowed upon 
two Canadian and Roman-Catholick gentle- 
men, Mr. de Lery and Mr. de Rouville; and 
that of ſecretary to the governour and council 
of the province for the French language, or, 
in plainer Engliſh, tranſlator of the ordinances 


of the governour and council, and of all other 


publick inſtruments of government, into 
French; which is held by Mr. Cugnet, a 
_ ingenious and able Canadian gentleman 


before mentioned, who is alſo of the Romiſh 


religion, and who is well ſkilled in the French 


language, fo as to be able to write it as well as 


ſpeak it correctly, and is alſo well acquainted 
with the cuſtom of Paris, and other laws and 
cuſtoms that were obſerved in the province in 


the time of the French government. Theſe 


are all the civil employments that (as far as T 
can recollect, who have reſided three years at 


Quebeck,) 


* j I . 
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L 147 J. 

Quebeck, ) have hitherto ſubſiſted in the 
province. Now which of theſe can be given 
to the foregoing French petitioners, who have 
ſo eagerly deſired to have their incapacity of 
N places of truſt and profit taken off ? 
Not, I preſume, thoſe of governour and 
lieutenant-governour, nor thoſe of the chief 


juſtice, attorney-general, and clerk of the 


crown, who are all to be concerned in the 
adminiſtration of the criminal laws, which 
by the late act are to he thoſe of England: 
nor thoſe of judge of the court of Admiralty, 
and king's advocate in the fajd court, for a 
like reaſon ; nor, probably, thoſe of the judges 
of the two courts of Common-pleas at Que- 
beck and Montreal, fince even in theſe courts 
ſome of the laws of England are to take place, 
(to wit, thoſe acts of parliament which have 
expreſsly mentioned {3 American colonies, ) 
notwithſtanding the general revival of the 
French laws upon all matters of property and 
civil rights; and I am confident that, if the 
Engliſh judges of thoſe courts ſhould be re- 
moved to make room for Canadians, it will 
by no means contribute to the ſatisfaction of 
the general body of the Canadians, who have 
uprightneſs and impartiality of the Engliſh 
judges of thoſe courts. Nor can Canadians 


learned, by ten years experience, to value the 
| 54 


be well appointed to the offices of collector 
and comptroller of the cuſtoms, or the other 
offices in the cuſtoms; , ſince thoſe require 


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1 148 } 
ſome knowledge of, and practice in, the laws 
of England, that relate to that department of 
government, which are ſtill to continue in the 
province. Nor does it ſeem probable that the 
receiver-general of the revenue, or the naval 
officer of the province, or the ſurveyor-general 
of the king's lands, or the king's patentee 
under the great ſeal of England of the offices 
of ſecretary of the province, clerk of the 
council, regiſter, or clerk 'of the/ inrolments 
of deeds and patents, or Mr. Burke, the clerk 
of the court of Common-pleas at Montreal 
by virtue of his majeſty's mandamus, will be 
diſmiſſed from their reſpective offices to make 
room for Canadian ſucceſſors, notwithſtanding 
all thoſe offices will become vacant on the firſt 
of May next by virtue of that very fingular 
clauſe in the late act of parliament which enacts, 
that the king's proclamation of October 1763, 
« ſo far as it relates to the province of Que- 
e beck, and the commiſſion under the autho- 
<< rity whereof the government of the ſaid pro- 
«« vince is at preſent adminiſtered, and all and 
every the ordinance and ordinances made by 
the governour and council of Quebeck for the 
time being, relative to the civil government 
** and adminiſtration of juſtice in the ſaid pro- 
*« vince, and all commiſfions to judges and other 
* officers thereof, ſhall be revoked, annulled, and 
made void, from and after the firſt day of May, 
te one thouſand ſeven hundred and ſeventy-tve; 
which is a method of revoking and — 
| | | 7 tac 


FI 19 ] 


the king's patents under the ene ſeal, chat 
i 


muſt be confeſſed to be perfectly new and 
wonderfully expeditious, and a great improve- 
ment upon the tedious old method, preſcribed 
by the law, of bringing a writ of /cire facias 
before the lord chancellor to repeal them. But 
all, or moſt of theſe officers, we may preſume, 

will be again appointed to theſe offices. The 
only remaining employments are thoſe of the 
two provoſt-marſhals, or ſheriffs, of the two 
diſtricts of Quebeck and Montreal, and the 
clerk of the court of Common-pleas at Que- 
beck, and the clerk of the court of King's- 
bench for the civil buſineſs, and the two 
trifling offices gf overſeers of the chimnies in 
the towns of Quebeck and Montreal, ſup- 
poſing the ordinance that eſtabliſnes them, 
(and which was made for preventing by-their 
means the frequent accidents by fire to which 
thoſe towns were found to be ſubject,) to be 
ſtill in force, notwithſtanding the wide-deftroy= 
ing words of the clauſe above - recited, which 
annuls, amongſt other things, all ordinances 
of the governour and council that are relative 
to the civil government of the province. 
There are therefore only theſe fix offices which 
one might ſuppoſe the Canadians to have ſome 
expectation of enjoying. And theſe are moſt 
of them, if not all, filled by perſons whom it 
would be generally thought harſh to remove 
from them. And indeed, if the revival of 
the French laws and government had been 
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1 150 7 


quite compleat, ſo that the very ſame civil 
offices ſhould have. been revived as were exer- 
ciſed in the time of the French government ;--- 
and a reſolution had been taken totally to diſ- 
regard the claims and intereſts of all the Eng- 
liſhmen who are now in poſſeſſion of employ- 
ments in the province, and to fill the new 
offices intirely with Canadians, if proper per- 
ſons could be found amongſt them to diſcharge 
the duties of them ;---I am perſuaded it woulc 
have been found impoſſible to do ſo, by reaſon 
of the want of a ſufficient number of Canadi- 
ans or Frenchmen in the' province properly 
qualified for this purpoſe, moſt of thoſe per- 
ſons of ability who filled thoſe offices in the 
time of the French government having either 
gone to Old France ſoon after the peace, or 
being dead in the courſe of the fourteen years 
that have elapſed ſince the conqueſt of the 

province. For, as to. the Canalians them- 
{elves, as contradiſtinguiſhed from the natives 
of Old France, it is in vain to ſeek for ſuch 
perſons amongſt them, becauſe their educa- 
tions are not ſuch as qualify them for theſe 
employments ; inſomuch that in the time of 
the French government the moſt important 
civil offices in the province, ſuch as thoſe of the 
principal judges of the courts of juſtice, and 
the procureur-general du roy, as well as thoſe of 
the governour and intendant, were filled by 
natives of Old France. . e e 


11 — 


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' Upon the whole, therefore, I preſume it 
now appears that the removal of che incapa- 
city to hold places of truſt and profit in the 
province, ariſing from the profeſſion of the 
Roman-Catholick religion, can be of no be- 


nefit at all to the general body of the Cana- 


dians, (as they do not wiſn to be governed by 
any but .Engliſh officers of government,) and 
of but very little even to the above-mentioned 
French petitioners themſelves, 'who have ſo 
eagerly defired it, unleſs new places of truſt 
and profit, (and thoſe too in conſiderable num- 
bers,) are created on purpoſe to gratify them. 


And this is more than they can well expect; 


ſince it is evident that a meaſure of this kind 


could not be adopted without taxing either 


Great- Britain or Canada to raiſe the money 
that would be neceſſary to pay the ſalaries of 
theſe new places, that is, without, on the one 
hand, obliging the inhabitants of Great-Bri- 
tain, (who have already been at the expence 


of abdut three and twenty millions of pounds 
ſterling to conquer them, and have ever ſince 


the peace been at the annual expence of ten 


thouſand pounds to maintain the civil govern- 
ment of the province, beſides the expence of 


9 0 


four regiments of ſoldiers that are quartered 
amongſt them to keep them in ſubjection to 


the crown of Great-Britain,) to be at a new 


and great -expence in order to accommodate 


them, or, on the other hand, —_— new 
burthens on their own countrymen, the in- 
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duſtrious part of the inhabitants of Canada, 


who are well ſatisfied with the Engliſh laws 
and government, for the emolument of them, 
the ſaid petitioners, who have ſo warmly ex- 
preſſed their diſſatisfaction with them: neither 
of which operations would be in any degree 
juſt or reaſonable. Or, Is. 


Thus far we have conſidered the requeſt of 
_ theſe French petitioners with reſpec to civil 


employments. But they carry their views 


farther, and deſire to be admitted even to 


military ones. This, I muſt needs ſay, is a 
ſtrange requeſt, and ſtill more difficult to be 
complied with than the former, unleſs the 
government ſhould totally forſake every prin- 


ciple of E conduct that has been looked 


upon as 


undamental and indiſpenſable in the 


Engliſh government, at leaſt ever ſince the 


revolution. For, let us ſuppoſe for a moment 
that two or three regiments of Canadian 
Roman-Catholicks, commanded by Canadian 


Roman-Catholick officers, (ſome of the no- 


bleſſe of Canada, thoſe eager petitioners who 


have declared that they ardently deſire to be 


admitted to employments both civil and mili- 
tary, notwithſtanding their being Roman. 
Catholicks, and that the very thought of. be- 
ing excluded from thoſe employments on that 


the province; I would aſk, where ſuch a b 


account is frightful to them,) were ha bat 


of troops could be employed. If it be ale 5 


In Canada, my anſwer is as follows. OX. 


* 


t: 993 1} ( 
the Canadians are intirely well- affected to the 
Engliſh government, ſo as to need no troops 
at all to be quartered among them to keep them 


in ſubjection to it, or they are not. If they 
are thus well-affected, it is evidently an idle 
and abſurd expence to keep any troops at all 
there. But if, on the contrary, they are ſup- 


poſed to have ſtill ſuch an inclination to return 


to the government of the French king (in 


conſequence: of their antient connection with 


it, and their-natural prejudices in its favour, 
though without any juſt cauſe of complaint 


againft the Engliſh government) as to make 
it neceſſary to keep troops in the province to 


maintain the crown's poſſeſſion of it, (which 


every body confeſſes to be the caſe,) it is evi- 
dent that it would be the height of folly to 
employ Canadian troops for this purpoſe ; 
ſince they would conſiſt of the very perſons 
whoſe affections are ſuppoſed to be too much 


inclined towards the French king to make it- 


ſafe to leave them under no controul ; ſo that 
in fact it would be putting arms into the hands 
of. perſons whom we conſidered as our ſecret 
enemies. Nothing could excuſe ſo prepoſte- 
rous a conduct. And, if it be ſaid that theſe 
Canadian regiments ought to be carried out of 


the. province, and employed or quartered in 


other parts of the Britiſh dominions, as the 


king's ſervice may require, I anſwer that, if 


this were allowed; it would be liable to all the 


objections that may. be made againſt raifing 


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[ 298 1] 


any other popith army in any other parts of the. 
king's dominions; which is univerſally. al-. 
lowed to be not only unlawful, but dangerous, 
impolitick, and unconſtitutional in the higheſt 
degree; and that theſe objections, (whatever 
they may be, for I decline the unneceſſary and 
invidious tatk of ſtating them,) would lie 
againſt them in a ſtill ſtronger degree than 
againſt an army of Engliſh or Iriſh Roman- 
Catholicks, on account of their differing in 


language and manners, and, till of late years, 


in their notions of government, as well as in 
their religious perſuaſions, from the other 
ſubjects of the crown. And, laſtly, if the 
aforeſaid French petitioners do not mean to 
ſuggeſt that whole regiments of Canadians 
ought to be raiſed and officered by Canadian 
officers, (which ſeems to be the moſt obvious. 
meaning of their requeſt,) but only to obtain 
a liberty to the Roman-Catholick Canadians 
of ſerving either as ſoldiers or officers in the 
army already on foot, I ſhall only obſerve that 
this requeſt (though much leſs dangerous and 
extravagant than the other) is nevertheleſs 
highly 1 ſince it is deſiring an 

indulgence to be ſhewn to them, (who have 
ſo lately been in arms againſt the Britiſh 
crown and nation) which the laws do not 
think it prudent or expedient to allow to 
ancient natural- born ſubjects of the crown, 
who have never been out of England or Ire- 


land, if they happen to have been educated in 


the 


9 0): 


the principles of the church of Rome. Surely 
theſe Canadian petitioners muſt, upon the 
leaſt reflection, be ſenſible of the impropriety 
of requeſting ſuch a preference above his ma- 
jeſty's other Roman-Catholick ſubjects, and 
confeſs that an equality with his majeſty's 
antient ſubjects in this and every other reſpect 
is as much as they can reaſonably expect. 
And of that equality they are in full poſſeffion 
throughout all the dominions of the crown, 
together with the additional indulgence, by 
the late act of parliament, of an exemption in 
their own province from the incapacity ariſing 
from the profeſſion of the Roman-Catholick 
religion, (to which all the other Roman-Ca- 
tholick ſubjects in the Britiſh dominions are 
ſubject) of holding places of truſt and profit. 
But this, I preſume, is not meant to extend 
to places out of 'the limits of their province. 

Since therefore there are very few employ- 
ments in the province of Quebeck that can 
with propriety be beſtowed on the Canadian 
nobleſſe, notwithſtanding that the incapacity 
ariſing from their being Roman-Catholicks 
has been taken away by the late act of parlia- - 
ment; and to create new employments for 
them, either civil or military, would be un- 
reaſonably burthenſome either to their own 
countrymen, the induſtrious and contented 
part of his majeſty's new Canadian ſubjects, 
or to Great-Britain, beſides the other greater 
' objections which lie againſt admitting them to 
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military employments ;- it ſeems evident 


that the removal of this incapacity will be of 


very little benefit to them. It might there- 
fore, perhaps, have been as well if things had 
been left in this reſpect upon their — 
footing, without taking away this grand 
diſtinction between popiſh and proteſtant ſub- 
jects, that is, between thoſe imperfect ſubjects 
who profeſs the biſhop of Rume to be their 
ſupreme head in all ſpiritual matters, (which 


have but too often been found by experience 


to draw after them a power in temporal mat- 
ters in ordine ad ſpiritualia,) and the king to 
be their head only in temporal matters, and 
thoſe more intire ſubjects of the crown who 
acknowledge his majeſty's ſupremacy in all 
matters, both ſpiritual and temporal, or (as 
it is often expreſſed by the clergy of the 
church of England,) in all cauſes and over all 
perſons, eccleſiaſtical as well as civil, and ab- 
jure all dependance on the biſhop of Rome, 
and every other foreign juriſdiction whatſoever ; 
a diſtinction, ſurely, that is not of a chimerical 
or trifling nature, and which has hitherto been 


generally looked upon as a neceſſary barrier 


againſt the dangerous attempts of popery, 
and which might, probably, in the preſent 
caſe have proved a powerful means of drawing 
over ſome of the Canadian gentry, (in ſome 
few years hence,. when their prejudices in 
favour of the church of Rome ſhall be leſs 
ſtrong than they are at preſent,) to embrace 

| , he 


* 


ö 


SW: Jo I. WP 


L *097 11 


of the province, though they eannot applaud 


the policy of it, yet, as it is not any immediate 
grievance upon them, they do not, in their 
late petitions to the king and the two houſes 
of parliament againſt the late Quebeck act, 


complain againſt it, or deſire it to be undone, 


but dwell upon thoſe parts only of that un- 
fortunate act which more immediately con- 


cern themſetves. So far are they from being 
diſpoſed to raiſe wanton and ſeditious clamours 
in the manner ſome perſons have repreſented. 
And we have ſeen above in their petition laſt 


year to the king for an houſe of aſſembly, 


page 20, that they had the candour and mo- 


deration on that occaſion to ſuggeſt to his 


majeſty, that they were ready to acquieſce in 
an aſſembly into which ſome of their Roman- 
Catholick fellow- ſubjects ſhould be admitted, 
if that was the form and conſtitution of an 
aſſembly that ſeemed beſt to his majeſty's 
royal wiſdom, though they could not, con- 


ſiſtently with their own ſentiments, go ſo far 
as actually to defire his majeſty to conſtitute 


the aſſembly in that manner. 
As many people have mentioned the no 
of Canada on occaſion of the late Quebeck 


act, and have ſeemed to think that they were 


a very numerous and powerful part of the 
people of that province, and conſequently 


that their ſentiments ought chiefly to be con- 
1 ſidered 


the proteſtant religion. However, as the mea- 
ſure is now taken, the proteſtant inhabitants 


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1 
ſidered in ſettling the government of it, I 
ſhall here take the liberty to give a ſhort ac- 
count of them, in order to ſhew that this 
opinion of their importance is by no means 
well grounded. ee 

According to the beſt informations I have 
been able to procure, the noblefſe of France are 
a very numerous claſs of men in that kingdom, 
diſtinguiſhed from the body of the people-by 
certain privileges and exemptions, which are 
clearly marked out and allowed bythe laws, and 
derived from the favour of the crown. They 
anſwer in ſome degree to our gentry here in 
England, but more nearly to our knights and 
baronets, (whoſe. titles and ranks are more 
Clearly aſcertained than thoſe of gentlemen,) 
except that they are infinitely more numerous. 
They are of two kinds, hereditary. nobles and 
nobles for life. The hereditary nobles are 
originally made ſo either by letters patent of 
nobility, or (as we ſhould rather expreſs it,) 
of gentility, granted them by the king of 


France, creating them noblemen or gentlemen 
(for theſe two words, un noble and un gentilbomme 


I underſtand to be ſynonimous with each other 
in the French language, ) with the privilege of 


tranſmitting their nobility to their iſſue male, 


or by being advanced to certain honourable 
and important offices in the ſtate or the army, 


to which the rights of hereditary nobility, or 
gentility, have been annexed by the edicts of 
the French kings. Thus, I am informed 


that 


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that the office of a counſellor of the king of 


France in one of his. parliaments or other 
ſovereign courts of juſtice, (that is, courts of 


juſtice to which appeals: lie from inferiour 


courts, but from which there is no. appeal 
except to the king himſelf in his council of 
ſtate,) ennobles both the counſellor and all 
his male. poſterity, if he holds it for more than 
twenty years. And if he dies in his office 
before he has held it twenty years, his family 
is ennobled in the ſame manner. The fame 
privilege is annexed to the commiſſion of a 

neral officer of the army. It ennobles him- 
felf and all his poſterity, if he either dies in 
poſſeſſion of it, or holds it for twenty years. 
And three generations of ſervice in the army 
in the commiſſion of a captain, that is, by a 


man's. grandfather, his father, and himſelf, 


each of them for the ſpace of ten years, has 
the ſame effect of ennobling all the male 
poſterity of the grandſon. And many other 
employments have the ſame effect. 

This hereditary nobility, or gentility, de- 
ſcends equally to all the male poſterity of the 
perſons ennobled, the younger as. well as the 
(elder, which multiplies the noble perſons in 
France to a ſurprizing degree. The Abbe 
Saint. Pierre, who is one of the moſt exact and 


faithful: writers of hiſtory that France ever 


produced, in his Political Annals, which were 
written about the. year 1740, eſtimates the 
number of noble families in France at no n 
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T: 266: 


than fifty thouſand; from which we may 
reaſonably infer that the number of noble. 
perſons in that kingdom, men, women, and. 
children, cannot be leſs than 2 50,000, or, 
perhaps, 300,000. Many of theſe, it may well. 
be imagined, muſt be miſerably poor. 
Heſides theſe hereditary nobles, there. are: 
many perſons who are noble for life. This. 
kind of nobility ariſes only from the poſſeſſion 
of ſome honourable office of an inferiour claſs 
to thoſe before-mentioned, which are attended. 
with the advantage of hereditary nobility : 
but is not conferred by the king's letters pa- 
tent. Thus, if Lam not miſtaken, .a captain. 
In the army who has ſerved in that com- 
. miſſion for the ſpace of twenty years, is 
thereby ennobled for his life, though his. 
father was not an officer, nor noble in = 
degree. 

It is the privilege of the adds of France 
to be exempted from paying the land-tax,. 
which is called the taille: ſo that when a noble 
perſon buys a piece of land that paid the taille 
the year before he bought. it, while. it. be- 
longed to an owner that was not noble, the 
land, by this change of its owner, becomes 
free from the burthen of this tax, which is 
nevertheleſs not loſt to the crown, but raiſed 
upon the other lands in the ſame diſtrict, that 
are in the poſſeſſion of perſons that are not 
noble, by a new and a heavier aſſeſſment. 
This privilege extends to all ſorts of — 

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thoſe for life as well as the hereditary nobles. 
But it had never been actually enjoyed by the 
nobleſſe of Canada, becauſe there was no ſuch 
tax as the 7az/le, or land- tax, in that country 
during its ſubjection to the French king. 
It is another privilege of the French nobles 
that they alone can enſoy the rights of judica- 
ture, which are called ies droits de haute, moy- 
enne, et baſſe juſtice, and which are frequently 
annexed to grants of land. If a man that is 
not noble purchaſes a ſeigniory, or tract of 
land of any kind, to which theſe rights of 
judicature are annexed, he is not allowed to 
exerciſe them without the French king's li- 


cence for that purpoſe, though he may receive 


the rents of the ſeigniory, and the mill-toll, 


and the fines for alienation that are due from 


the tenants of it, and all the other emoluments 
of it that are of a pecuniary nature. But theſe 


rights of judicature are to remain unexerciſed 


till the land becomes again the property of a 
noble. However, this is a matter of ſmall 
conſequence with reſpect to Canada, becauſe, 
though moſt of the (ilpitivries in that country 
had theſe rights of judicature annexed to them 
by the French king's grants, yet they were 
hardly ever exerciſed by any of the owners of 
ſeigniories in the time of the French govern- 
ment. This may, perhaps, at firſt be thought 
a little ſtrange. | But if we conſider the reaſon 
of it, we ſhall find that it could not be other- 


wiſe. For, in order to exerciſe theſe rights of 


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1 162 


judicature, it would have been neceſſary for 
the ſeignior to build, and keep in good repair; 


a priſon upon his ſeigniory; and to maintain 
a ſteward, or judge, of his court; and a 
ſeigneurial, or fiſcal, attorney, to proſecute 
for him in it; and a clerk, or regiſter, of the 
court; and a bailiff, or uſher, or executive 
officer, of it, to execute the judgments that 
ſhould be paſſed in it: all of which would 
have occaſioned an expence that would, for 
the moſt part, have exceeded the whole value 
of the ſeigniory, which, upon an average of 
all the ſeigniories in the country, did not in 


the time of the F rench government amount 


to more than fifty, or fixty, pounds ſterling 


per annum. And further, the right of the 


ſeigniors in Canada to exerciſe theſe juriſdic- 
tions, if they could have afforded, and had 
been inclined, to do fo, was (as I have been 
often aſſured,) ſo checked and controuled by 
the French king's edicts and the provincial 
regulations upon that ſubject, that it would 
have been but a ſort of ornamental right, or 
feather in the cap, of thoſe who ſhould have 
exerciſed them, rather than any real, or ſub- 
ſtantial, degree of power. I believe there was 
not a ſingle lay ſeignior in all Canada before 


the conqueſt” that exerciſed theſe rights of 


judicature before the conqueſt of it, though 


the rich ſociety of the prieſts of Saint Sulpicius 
at Montreal (who are owners of the whole 
iſland of Montreal, beſides ſeveral other ſeig- 


niories, 


i 
* 


p 


[ 165]. 


niories, producing together an income of more 
than 40001. fterling a year) and perhaps the 


ſociety of J eſuits in Canada, . may have done 


ſo. And fince the conqueſt none of the 
ſeigniors, either of the laiety or clergy, have 
been allowed to exercife them. 
The French owners of ſeigniories in Ca- 
nada ſometimes talk of the hardſhip of not 
being permitted to exerciſe their ſeigneurial 


juriſdictions under the Engliſh! government. 
Whether it may be ſttrictly juſt to lay them 


under this reſtraint I will not pretend to ſay, 
becauſe theſe juriſdictions are a ſort of appen- 


dage to their landed property, which has been 


ranted them without reſerve by the capitu- 
ation in 1760, and confirmed to them by the 
treaty of peace in 1763. Vet it may well be 


doubted whether this grant of their property 
Vas not meant to relate to their pecuniary or be- 


neficial property only, and not to ſuch rights as 
were a part of the ſovereign's judicial autho- 
rity that had been delegated to them!” But thus 
much is certain, that this reſtraint; whether 
juſt or unjuſt, is no misfortune or inconveni: 
ence to them. For, if they could exerciſe 


theſe juriſdictions, they would not, for the 


reaſons above- mentioned. Their view in mak - 


ing theſe complaints is to induBe the govern- 


ment to buy "theſe: juriſdictions up, as they 
have heard the parliament did in the year 1747 
with reſpect to the Scoteh heretable juxiſdic- 


* 


tions. But theſe complaints come with a 


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peculiar ill grace from ſuch of the French 
ſeigniors in Canada as are not noble, (which 


is the caſe with very many of them, ) ſince 
they would have had no right to exerciſe theſe 


juriidiftions under the French government. 


Thus it appears that in France nobility and 
the poſſeſſion of landed property are two 


things that are perfectly diſtinct from each 


other. Since a man may have a valuable 
ſeigniory without thereby becoming noble, 
and may be noble without owning a foot of 
land. And this is in fact the caſe with great 
numbers of the French nobleſſe. M 
Though the nobleſſe of France is ſo very 
numerous, yet it fortunately happens that very 


few of them have choſen to reſort to, or con- 


tinue in, the province of Quebeck ſince the 
Engliſh have been in poſſeſſion of it. There 
are, I am informed, only twenty-two names 
of noble families in all the province at this 
time ; which, if we allow five individuals to 
a name, will make only 110 perſons, includ- 
ing women and children. This is no great 
proportion of the 120,000, or, according to 
general Carleton's eſtimation of them, the 
1 50, ooo, E of whom the whole body of 
the French, or Canadian, inhabitants of the 
province conſiſts. And many of theſe are not 
oſſeſſed of ſeigniories in it, or of any other 
landed property: and ſome of them have 
ſcarcg any property at all. 4055 
be Beſides 


(wy: ] 
Beſides the ſaid twenty-two names of noble 
families in Canada, whom I underſtand to be 
hereditary nobles, there are a few gentlemen 
who are chevaliers de Saint Louis, or knights 
of the order of Saint Lewis, and whom I take 
to be noble for life. Theſe are officers who 
ſerved in the French army in the late war, 
and who obtained this knighthood as a reward 
either of their valour on ſome ſignal occaſion, 
or of their long ſervice, (twenty years ſervice 
being reckoned ſufficient to give a man a ſort 
of right to this order,) or perhaps by mere 
favour. Their honour is not hereditary : 
and there are not many of them in the pro- 
vince; I believe, not more than a dozen. 
There may alſo be ſome other perſons in 
Canada who are noble for life in conſequence 
of the civil or military employments th 
3 have exerciſed in the time of the Frenc 
I government. But I believe there are but few 
_ ſuch, becauſe of the length of ſervice (twenty 
years,) which is neceſſary to obtain this no- 
| bility, which would be a bar to any claim of 
this ſort that might be made by the majority 
of the Canadian gentlemen now in the pro- 
vince who formerly held civil or military em- 
ployments under the French king; not to 
mention that many civil emplayments in the 
French government did not (though held for 
twenty years or more,) intitle their poſſeſſorrs 
to this honour. In ſhort, upon an inquiry 5 
that was made general Carleton in the 
| year 


1 


year 1 767 into the number of b gen- 
tlemen in the province, noble and ignoble, 
who had loſt either their employments civil 
or military, under the French king, or certain 
| teaſes which they had held under him of ex- 
cluſive rights to trade with the Indians for 
furs in particular poſts and diftricts in the 
interiour, or upper, country of Anierica, or 
other ſuch advantages under the French go- 
vernment, in conſequence of the conqueſt of 
Canada by the Britiſh arms, it appears that 
their number did not much exceed 00: 1 
think, it was 120. And many of theſe are 
probably dead by this time. Now, though 
_ compaſſion, civility, and reſpectful treatment, 
are certainly due to theſe gentlemen, (in the 
þ fame manner as to our own brave officers of 
= the army, who, after aſſiſting in the conqueſt 
1 of this part of America, have been reduced 
| to half-pay,) yet ſurely it is not neceſſary, 


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'n either in point of juſtice or policy, that the 
. government of the province of Quebeck ſhould 
. be new-modelled, for their fakes, in a manner 
|} 1 that cannot be reconciled to the royal promiſes 
'| | iS in the proclamation of October, 1763, or to 
1 the general and fundamental principles of 
* conduct that have hitherto been conſtantly 
wn adhered to by the Engliſh government. 'The 
| F conquerors”of a country containing above 
q 100,000 inhabitants have ſufficient reaſon to 


be ſatisfied with their own conduct in point of 
n and clemency towards the people they 
ave 


Pf.. LE. ˙ EE. oo ooo 


[ 67 


have ſubdued, as well as the conquered ſub 
jects to be ſatisfied with the treatment they 
have received, if only 120 perſons among 

the whole 100,000 ſuffer a diminution of their 
incomes from the loſs of their employments, 
and are left, like the reſt of their countrymen, 
to depend for their ſubſiſtence on the reſources 


they can find in their private property of every 


kind, (of which the new government has 
allowed them the full enjoyment,) and in the 
exertion of- their induſtry, while all the reſt 
of the conquered people are freer and richer 
and happier than they were before. And this 
is the caſe in Canada. ieee 

We have ſeen that the nobles of Canada are 
but few in number, in compariſon of the 
whole body of the Canadians. We have 
likewiſe ſeen that they have no neceſſary con- 
nection with the ſeigniories, or other landed 


property, of the province; and that many of 


them are poſſeſſed of little, or no, landed 
property, and ſome of little property of any 


kind. Vet ſome perſons are apt to imagine 
(from their being called, as I ſuppoſe, by the 


ſame name as the nobility of England, who 
are, for the moſt part, owners-of great landed 
eſtates,) that they are a very powerful and 
formidable body of men, and have a great lead 
and influence over the reſt of the people. 
Now this is far from being the caſe. For 
they were never uſed, in the time of the 


French government, to court the people, or 
/ 3 try 


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[ 168 } 


try to gain an intereſt among them, having 
had no advantages to expect from them: but 
they paid all their devotions to the governour 
and intendant, and other officers of the crown, 
by whoſe intereſt. they hoped to obtain prefer- 
ment. And thoſe of them who had ſeigniories, 
and were rich enough to live in the towns of 
Quebeck and Montreal, did not uſe to reſide 
on their ſeigniories, except perhaps for one 
month in a year, or leſs, to inſpect the con- 


dition of them, and collect their rents and 


other dues: but ſpent the reſt of the year at 
Quebeck and Montreal. And they ſtill con- 
tinue to do the ſame under the Britiſh govern- 
ment. By this means there is little connection 
between them and the tenants of their ſeigni- 
ories, and often {till leſs affection, the latter 
conſidering them as a ſort of tax-gatherers, 
who come amongſt them only to drain them 
of their money, and not to do them ſervice 


by ſpending their revenues amongſt them. 


This is the caſe with thoſe of the nobles who 
are rich and have ſeigniories. As for thoſe 
who have no ſeigniories, I do not ſee what tie 
of any kind ſubſiſts between them and the 
people, that can give them an influence over 
them : I mean now under the Engliſh govern- 
ment: for while the French government ſub- 


| liſted, theſe nobles might command the Ca- 


nadian peaſants when they were embodied and 

employed as a militia, and in that capacity 

might gain their affection or ill-will according 
| to 


r -_—— -- * 
. 1 ; 
169 J. 


to 1 of them. But this his been 
all at an end for more than fourteen” years! 
fince which period there ſeems to have ben 
no connection whatſoever between theſe 

nobles; who have no ſeigniories, and the gs 


mo n people of Canada, that could either pro- 


cure or preſerve to the former an intereſt with 
the latter. In general, (as I have been in- 
formed,) the nobles of all kinds were rather 


feared than loved by the common people of 


Canada in the time of the French govern- 
ment; in-conſequenee of the haughty manner 


in which they treated them, 'againſt which it 
was impoſſible at that time for tlie latter to 


get any redreſs. And it is certain that the 


dulk of the people of Canada, who! are not 


noble, and who are about 999 out of a thou- 
ſand of the whole people, have been very well 
pleaſed to find that the antient diſtinction be- 
tween them and the nobleſſe is not underſtood 
or regarded under the Engliſh laws and g0- 
ven U pion 2003 ee 
le perſons now in Canada Ware no 
titles of honour, as duke, or count, or mar- 
uis, or the like. Theſe titles belong only to 
che higher claſs of the French nobility, of 
which none are N to be found i in that 1 
vince. * 2 1 1 1 
It may a 1 efiings Ant 
there may pe be 5 ſmall a 85 noble 
perſons in Canada when the number of them 
in * rance is ſo exceedingly great as has oo 
above 


Gam} 
above repreſented. This is owing principally 
to the choice made by the greater part of the 
nobleſſe of, Canada, at the time of the con+ 
queſt and ceſſion of the countty- to the crown 
of Great-Britain, to ſell their property in 
that country and retire to Old France, ,ac- 
cording to the liberty allowed them of ſo deing 
by the capitulation and treaty: of peace. And 
thus the Engliſh government was happily rid 
of that part of the inhabitants of this new- 
acquired province who were moſt likely to. be 
diſcontented under it, and to whom it was 
indeed almoſt impoſſible for it (by reaſon of 
the different, genius of the two-governments) 
to give thorough ſatisfaction. oo 

That this removal of the greater part of the 
French nobleſſe in Canada to Old F ranceè upon 
the conqueſt of it, is an advantage to that 
country in its preſent ſtate of a province of 
the crown of Great-Britain, is not only the 
opinion of moſt Engliſhmen who are acquaint- 
ed with that province, but alſo okgg very in- 
genious and learned French writer who is well 
acquainted with political ſubjects in general, 
and particularly with the condition of 
American colonies, I mean the Abbé Raynal; 

F 2 his 9 — on man. i * 
intitled © Hiiſtoire philgſopbique et politique: 

colontes Europeennes dans — e, in 

ſpeaking of the ſucceſs of the Britiſh arms in 

the late war, and particularly of the acquiſition 

of Canada, he has theſe words. ow 
© Jon 


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ois le plus gy 


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hy ſition” du territoire Timmenſe raft 
and fruit que la Grande Bretagne" 


650 NA ls povied es armes. La 
population conſiderable» qu olle yu trouve oft un 


pas toutes: 


* avantage" bien plus important. "A la verite 


domination nowvelle- qui n admettoit entre 
00 bes bommes- autre diffdrence que: celle des 8 
ce lites perſonnelies, de education,” de J aiſunce, de 
« In\fatiiltd d eme wtile & Ia fiel. Mais Imi 
« gration de ces bires mepriſabies dont I importance 
© 7 dvoit pour, baſe que des colltumes" barbares, 
e a-t-elle dl ftre regardte comme une calamite?--- 
b. Lu eee auroit "ele pas beaucoup: gagnd 2 
« Aye debarraſſte de tows" ces nobles oifife, qui la 


«© furuburgeoient put fs longtems; de cer nobles 


I Tors 
ay ſuffice con- 


i re ae — les 
—— 


coping — <a — 


ſome perſons have — retang to nne ſuch 
miſtaken notions, 

In che third place 1 miutobleree dvacerbing 
the foregoing Freneh petition and memorial, 


that, though in their memorial they expreſs an 
opirtion that legiflative council will be a 


e conveniefit inſtrument of government for 
the provinee of — chan a general aſſem- 
bly, yet the give for it is a very 
peculiar one, and vb as the parliament has 
not thought: NE adopt. It is becauſe 

in their opinion to 
defy thee „— Kr i its own civil gorern- 
2 ment, 


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ment, which they conceive to be a neceſſary 
conſequence of having an aſſembly. Their 
words are as follows. Nous repreſentons 
&« bumblement. que cette colonie, par les fitaux. et 
ee calamites de la guerre, et les frequents incendies 
due nous avons efſuies,. neſt pas encore en état 
© de payer: ſes depenſes, et, par conſequent, de 
&« former une chambre d'afſemblee. Nous penſons 
qu um conſeil plus, nombreux qu'il na ete_zuſques 
ici, compoſe d anciens et nouveaux ſujets,. ſeroit 
beaucoup plus d propos. Nous avons lien 
deſperer des ſoins paternels de ja majeſtè, que les 
pouvoirs de ce conſeil ſeront par ellelimitès, ef 
gu'tls: S'approcheront le plus qu'il ſera paſhble a 
ce /a douceur ef d la moderation qui font la baſe 
* du gouvernement Britannique.” It appears 
by this paſſage that it is the deſire of avoiding 
taxes, and not a real diſintereſted preference 
of a legiſlative council to an aſſembly, that 
has made the ſubſcribers of this memorial 
recommend the former mode of government. 
And therefore it may be doubted how far the 
eſtabliſhment of a legiſlative, council by the 
late act of parliament will be agreeable to 
them, ſeeing that it was accompanied with 
another act of parliament for impoſing certain 
duties and taxes in the province, which is 
what they ſeem to have been deſirous of 
avoiding. tt ar 71 52 5 9149 SH 35%; | 
I do not however mean to inſinuate that 
the act paſſed for impoſing thoſe duties was in 
any reſpect improper. For I readily allow it 


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to be reaſonable that the inhabitants of that 
country ſhopld contributes in ſome degree to 
the ſupport of their on civil government, 
which has hitherto been maintained intirely 
at the expence of England: and I believe the 
taxes impoſed by that act to be both judicious 
and moderate. And it is certain that the 
author ity of Par liament is the only authority 
now ſubſiſting by which, they, could. be legally 
impoſed. But I mention theſe, taxes on this 
occaſion only to ſhew, that: it cannot with 
propriety be affirmed that the ęſtabliſnment of 
the aforeſaid legiſlative council: hy the late act 
of parliament is a meaſure of, mere indulgence 
to the Canadians, and adopted in compli; nee 
with their deſires, ſince the parliament, at 
the ſame time that it granted them this ſin- 
from taxes which, as they ſuppoſed, would 
have accompanied it, and Which ſeems to 
have been the principal inducement to their 
making it. | 


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memorial, that even the fei perſons that have 
ſet their names to that memorial give a free 
and general: preference to the government of 
a legiſlative council of the province (inde- 
pendently of the exemption from taxes with 
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[174] 


afſembly ; and much leſs that the general body 
of the Canadians are averſe to the eſtabliſfi- 
ment of an aſſembly. Nor indeed did I ever 
obſerve that they Were ſo. It is true indeed 
chat, from their inexperience of ſuch à form 
of government, they are not eagerly deſirous 
of it. But ĩt is equally true that they enter- 
tain no prejudices againſt ie. The generality 
of them are indifferent about the form of 
government under which they are to hve; 
provided it is carried on with juſtice and mo- 
deration: and only a few of theng have ſo fat 
meditated upon che fubje& as to have formed 
u decifive- opinion in favour of &'particulat 
ſyſtem. But none of them, as far as I could 
ever hear, had any diflike to che eſtabliſhment 
of an aſſembly but what areſe from a ſuppo- 
ſition that they were to be exeluded from it on 
account of their religion, as it had been ge- 
nerally imagined they neceſſarily muſt be, and 
as his majeſty*'s two comtniſſions of governour 
in chief of the province, ſucceſſively given to 
general: Murray and general Carleton, had 
directed that they ſhould be. It Was 4h 
excluſion chat they difhked, And à ot che mede 
of government dy an aſſembly. And, if this 
objection was te be removed, am an a 
was to be called into Yate orgy; he nt be 
admitted indiſeriminately wich the king's 
preteſtant ſubjects, I — doubt chat they 
would prefer the government of an affembly 


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to that of a legiſlative council appointed by 


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choking , **. teach us that 
it is natural «hey ſhould do ſo; ſince every 
poopie: under the ſun would rather xs 14 
e a ſhare in the management of their own 
concerns than to be totally under the govern» 
ment of others. And ſome af thoſe among 
them who have thou he moſt upon the ſub- 
ject, have declared lives to be of: that 
opinion. One of them in particular, who is 
now in England, and Who was examined 
before the Houſe of Commons while the late 
Quebeck act was in its paſſage through that 
houſe, I mean, Monſieur Michael Chartior 
de Lotbiniére, à very ſenſible. and reflecting 
man, and who is a great proprietor of land in 
Canada, has expreſſed himſelf very fully and 
very ſtrongly upon this (5158 whe For, ſoon 
after he had 2 — gone his examination before 
the houſe, (in which I lamented that he did 
not make himſelf ſo thoroughly underſtood as 
I could have wiſhed,) I deſired him to inform 
me of his ſentiments upon this ſubject in the 
plaineſt and cleareſt manner poſſible, and, for 
that purpoſe, to give me an anſwer to this 
queſtion; to wit, See Which of the two fol- 
5 lowing methods of government he ſhould. 
* leaſt diſlike to ſee. eſtabliſhed: in the pro- 
4 vince. of Quebeck, (for I did not no 
tha he would poſitively approve of either of 
them z) namely; . agreeable 1b 
< the Ling late commiſſians, by à governaur, 
** council, and. Hen compoſed ' of . 
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ee only ; or the government provided by the att of 
& parliament then under confideration, by a go- 
« vernour and a-legiſlative council only, without 
* an aſſembly, but with an admiſſion of Roman- 
ce Catholicks into the ſaid council. He com- 
plied with my requeſt, and gave me the fol- 
lowing full and poſitive anſwer in the hearing 
of Mr. Thomas Townſhend, junior, and has 
confirmed it to me many times ſince; to wit, 
* that he ſhould conſider both thoſe forms of 
ce government as improper for the province of 
«© Duebeck, and unjuſtly ſevere upon the Catbo- 
ce Jick Canadians ; but that, o, the * two, be 
ce ſhould diſlike the firſt, by a gover nour: 
* council, and proteſtant aſſembly; much "le; 
© than the other which that bill appointed, 
« a governour and legiſlative council Mt 
&© without an aſſembly, notwithſtanding - the 
« admiſſion of ſome Catholicks into the ſaid 
© council.” And he ſaid further, that the 
e choice between theſe two methods of govern- 
«© ment might be compared to an option that 
ce ſhould be given bim to throw himſelf either 
. into a river on the one hand, or a bouſe-on 
ce fire on the other ; in which caſe be ſaid he 
ce ſhould certainly chuſe to throw himſelf -intd 
the water rather than into the fire, becauſe he 
| 8 might i in the water have a chance: of ſaving 
. * bis life by ſwimming, whereas be ſhould be 
BA * ſure of being deſtroyed, if be plunged into the 
$8 &« fire tat the water anſwered to a govern- 
ys, i ment by an aſſembly of proteſtants ; which, as 
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* it would probably be compoſed of perſons wha 
© would be intereſted in the welfare of the pro- 
* vince by being proprietors of land in it, and 
ein whom the people had a confidence, would 
© be likely in ſome degree (notwithſtanding they 
<< would have been choſen, in bis opinion, upon 
too narrow a plan, ) to conſult the good of the 
te whole community: and that the Fire anſwered 
ce t the legiſlative council compoſed of perſons 
ce nominated by the crown ; becauſe that was in 
ce its nature a deſpotick and deſtruftive inſtru- 
« ment of government, which, as it was likely 
« to be compoſed of the 2 of government in 
ce the province and other dependant perſons, 
«boſe flattery and ſervili ty might procure 
ce them the governour's recommendation to the 
« king for a ſeat in the ſaid council, would 
« probably be indifferent to the welfare and 
« frue intereſts of the province, (with which 
« they would have no laſting connection,) and 
te would make uſe of their power only to enrich, 
ce or benefit, themſelves, or to gratify the caprices 
« of the governour, upon whom they depended. 
Such is the opinion of this Canadian gentle- 
man concerning the legiſlative council eſta- 
bliſhed by this act. And ſuch I doubt not, 
will be the opinions of many of his 4 77 
men (I mean, of ſuch of them as are inde- 
| pendent on the government, and neither have, 
nor defire to have, any place of profit under it,) 
upon the ſame ſubject. So far do I conceive 
them from being of opinion (upon general 
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principles, and independently of the fear, on 
the one hand, of being excluded, on account 
of their religion, from an aſſembly, if the king 
had ordered one to be ſummoned, and the 
hope, on the other hand, of being exempted 
from taxes if there was no aſſembly, ) that the 
legiſlative council appointed by the late act is 
a preferable mode of government to an aflem- 
bly of the people. ; | 
I ought further to mention that the afore- 
ſaid gentleman, Mr. de Lotbiniere, carries his 
diſlike of a legiſlative council ſo far as to diſ- 
approve even of that which I had propoſed, 
notwithitanding all the reſtrictions and pro- 
viſions inſerted in it, (in order, if poſſible, to - 
make the members of it independent of the 
governour, and cautious in the uſe of the 
power entruſted to them, and reſpectable in 
the eyes of the people,) and the clauſe for 
limiting its duration to only ſeven years. But 
he 3 it to be greatly better, or 
leſs liable to objections, than the legiſlative 
council eſtabliſhed by the late act. Perhaps 
he may be right in thus objecting to every 
ſpecies of legiſlative council that can be con- 
trived, as being neceſſarily of a very depen- 
dent conſtitution, and far leſs beneficial to the 
people than an aſſembly. But at leaſt it ſeems 
to be evident that, if it be thought expedient 
to poſtpone the calling an aſſembly for ſome 
years longer, and to ſubſtitute a legiſlative 
council in its ſtead, the council ſo appointed 
| _ | 3 4 ought 


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pendent as poſſible, and its duration to be 
limited to a certain and a ſmall number of 
years, to the end that the king's promiſe in 


the proclamation of October, 1763, of ſum- 


moning an aſſembly of the freeholders, may 
be kept continually in fight 

I here beg leave to declare that none of the 
gentlemen whom I have taken the liberty to 
mention above in page 102, &c. as perſons 
that were fit to be made members of the le- 
giſlative council of the province, have given 


me the leaſt intimation of their deſire to be 
advanced to that ſtation : and that Mr. John 


Paterſon, in particular, is ſolicitous not to be 
thought to have any where made ſuch an ap- 
plication, I have taken the liberty of men- 
tioning their names intirely of my own accord, 
and without their knowledge, and without 
myſelf knowing whether or no it would be 


agreeable to them to be made members of 


that council. 'My motive for doing ſo was 


to ſupport the propoſal I had made of increaſ- 


ing the number of counſellors to 31, by ſhew- 


ing that it was eaſy to find a ſufficient num- 
ber of proper perſons in the province for that 


Durpoſe, which ſome perſons might otherwiſe 
1875 been inclined to doubt, And to ſhew 
that the province afforded a pretty ample num- 
per of perſons fit for that ſtation, I mentioned 
13 perſons, though only eight were wanting 


_ to ingreaſe the number of the counſellors to 31. 


Many 


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IL 186 ] 
Many more perſons in the province might, I 
doubt not, have been mentioned on that oc- 


caſion, who are alſo worthy of that office. 


But, as it would have been of no uſe to en- 
deavour to make a liſt of that fort, I con- 
tented myſelf with naming a ſufficient number 
of perſons to afford what I thought an ample 
proof of the fact which I had ventured to 
advance. | 1 . 
In the fourth place I muſt obſerve concern- 
ing the foregoing French petition and memo- 
rial, that, amongſt all its various articles, it 
does not contain a requeſt that the legal right 
of the Romith clergy to their tithes ſhould be 
revived : ſo that in that particular the late act 
of parliament has gone beyond the ſuggeſtions 
of thoſe petitioners in ſupport of the Roman- 
Catholick religion. This proviſion will, pro- 
bably, be agreeable to the Romiſh clergy in 
the province, and ſeems calculated to gain 
their favour. But it will hardly be thought 


4 


a benefit by the people at large, who have 


never yet complained of the liberty they have 
hitherto enjoyed ever ſince the conqueſt of the 
province, of paying their 1 775 or letting it 
alone, as they liked beſt. It is true indeed 
that they now, for the moſt part, pay them 


voluntarily: but, I believe, many of them 


will not like to be compelled to do ſo, and 
will probably be greatly ſurprized at this part 


of the late act, and conſider it as an unneceſ- 


ſary and officious piece of zeal for the @pport 
Long "RTE was of 


[ 181 J 
of the popiſh religion, which (as its tendency 
to produce that effect is in no degree counter- 
acted by other clauſes and proviſions that 
ſhould encourage the prieſts gradually to aban- 
don the tenets of popery, and embrace thoſe 
of the proteſtant religion,) they will be utterly 
at a loſs to account for in a parliament com- 
poſed of proteſtant members. 8 
But it has been ſaid by the defenders of th 
late act, that this revival of the legal obligation 
on the people to pay the prieſts their tythes 
Was no more than what the nation was bound 
to perform by the terms of the capitulation 
and treaty of peace. In order to ſhew that 
this aſſertion is not true, I ſhall here beg leave 
to recite, word for wotd; thoſe articles of the 
. capitulation and treaty of peace that relate to 
this ſubject. The 27th article of the capitu- 


lation of Montreal, in September, 1760, is as 


follows. | | 
Article XXVII. e free exerciſe of the 
Catholick, Apoſtolick, and- Roman religion, 
ſhall ſubſiſt intire ; in ſuch manner that all 
the ſtates and people of the towns and coun- 
tries, places, and diſtant poſts, ſhall eontinue 
to aſſemble in the churches, and to frequent 
the ſacraments as heretofore, without being 
moleſted in any manner directly or indirectly. 
| Theſe people ſhall be obliged, by the Eng- 
liſh government, to pay to the prieſts the tythes 
and all the taxes they were uſed to pay under 
the government of his moſt Chriſtian majeſty. 
0 


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TE. 


To theſe demands of the French general in 
behalf of the Canadians, Sir Jeffery Amherſt, the 
Engliſh general, returned the following anſwer. 
. Granted, as to the free exerciſe of their religion. 
The obligation of payi ng the tythes to the priefts 
will depend on the king's pleaſure. 

By the firſt part of this anſwer the free 
exerciſe of the Roman-Catholick religion is 
granted to the Canadians : and by the ſecond 
part of it the compulſive obligation on the 
people to pay to the prieſts the tythes and 


other taxes due to them under the govern- 


ment of the French king, is ſuſpended inde- 
finitely, till the king's pleaſure ſhall be known 
therein : that 1 is, in other words, the Roman- 


Catholick retigion is tolerated, but not eſta- 


bliſhed. 
The king's pleaſure has never been declared 


upon this ſubject till the royal aſſent was given 


to the late act of parliament. 
We will next examine the treaty of peace. 
The 4th article of the definitive treaty of 
peace contig at Paris on the 1oth day of 
February, 1763, contains the following clauſe 
relating to the liberty to be granted to the 
Roman-Catholicks of Canada of profeſſing the 


worſhip of their religion. 


e His Britannick majeſiy, on his fide, agrees 
to grant the liberty of the Catholick religion to the 


inhabitants of Canada. He will conſequently give 


the moſt effeftlual orders that bis new. Roman-Ca- 
tholick ſubjects may . the werſkip of their 


religion 


I 183 
religion according to the rites iſh church, 
as far as the laws of Great-Britain permit. 
This clauſe, we ſee, makes no mention of 
tythes ; nor does it afford the leaſt ground for 
an inference that the legal obligation to pay 
them was intended to be revived. It only 
gives the Canadians an aſſurance that they ma 
profeſs the worſhip of the Roman-Catholick 
religion ſo far as the laws of Great-Britain 
permit. This expreſſion, profeſs the worſhip - 
of their religion, is rather an odd one. But I 
think it ought. to be interpreted liberally, ſo 
as to mean, 10 profeſs the doctrines, and practice, 
or perform, the worſhip, of their religion. Now 
this may be done without a compulſive obli- 
gation. to pay the prieſts their tythes. This 
obligation therefore remained in the ſame con- 
dition after the ratification of this article of the 
treaty of peace as it was before, that is, it con- 
tinued to be ſuſpended till his majeſty's plea- 
ſure ſhould be known upon the ſubject, which 
never was declared till the paſſing of the late 
Quebeck act. It ought not therefore to have 
been aſſerted by the defenders of that act that 
the parliament was bound, either by the capi- 
tulation or the treaty of peace, to revive this 
obligation of paying the prieſts their tythes. 
It has alſo been affirmed by the writers who 
have.undertaken to defend the late Quebeck 
act, that, in granting to the Canadians a ca- 
pacity to hold places of truſt and profit with- 
out taking the uſual proteſtant teſts, the par- 
| | 45 | lament 


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| 


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\ 


Ei: Kras 


1 184 J 
liament has done no more than it was n! 
to do by the aforeſaid. c e and treaty 
of peace. But this tion may be eaſily | 
ſhewn to be as erroneous as the former. | 


Far. in the E place. ee Gags 
nothing at all upon the ſubject, but (as we 


have ſeen, ) provides onl y for the free exerciſe 


of the Romiſh religion in 9 without 8 
compulſory obligation to pay tythes, that is, 
in other words, for a toleration of that reli- 
gion. But this free exerciſe, or toleration, of 
that religion, may, it is evident, be enjoyed 
without a capacity of holding places of truſt 
and profit, as a like toleration is e here 
in England by Quakers and raps others of the 


proteſtant diſſenters as comply with the con- 


ditions of the toleration- act. Therefore the 
capitulation did not require that this capacity 
of holding places of trait and profit ſhould be 
granted to the Roman-Catholigks of Canada. 

In the next place, therefore, let us examine 
the foregoing clauſe of the treaty. of peace. 
Now here we and a reference to the Jaws of 
as far 4s the : t, of 
which it is NECeils that we chould aſcertaig 
the meaning. 

Two ſenſes may be put upon thoſe avords. 
They may either be ſuppoſed to mean, that 
the Canadians ſhall be at liberty to profeſs the 
worſhip of the Roman-Catholick religion as 
far as the laws of Great - Britain permit that 

— 


BRITANNICVM 


WW 
worlhip to be- profeſſed in England itſelf, or 
that they ſhall be at liberty 5 profeſs that 
_ worſhip as far as the laws of England permit 
it to be profeſſed in the out-lying dominions 
of the crown of Great- Britain yng are not 
parcel of the realm, ſuch as Minorca, Senegal, 
the Weſt- India iſlands, and the colonies of 
North-Ameriea. The former of theſe ſenſes 
I acknowledge to be too narrow to be put upon 
o_ Pawan becauſe it would in a ess mea 
* of the liberty of pro- 
3 be wo of the Romilſh reli hon 
| which” thoſe words were only intend 
and reſtrain; becauſe in ages ifelf 
1 do not permit the worſhip' of the 
Romiſh religion to be profeſſed in any een. 
Wi. muſt therefore have recourſe toithe latter 
fenſe aboveamentioned, and ſuppoſe theſe words 
to mean, that 1 5 ae the 
berty of profeſſi e worſhip of their reli- 
2 H as —— nov of En bi permit it to 
profeſſed in the out-lyin Jominiony of the 
erown. And, — to he far this 
permiſſion extends, we muſt inquire whether 
any of the laws of England which relate to the 
Rornan-Catholick religion extend to the out- 
lying 1 of the ron . without 
the realm. „upon making inquiry, 
u eee e = 
and 1 ſtatutes 
—— 8 Rom iſh begs relate only 
e 1 yet the act of the of 
1 | b 0 


[ 186 ] 


of queen Elizabeth, cap- 1. which is intitled, 
« An ad to reſtore to the crown the ancient juriſi 
diction over the ate eccleſiaſtical and Ipirttral. 
and aboliſſing all foreign powers repugnant to the 
ſame,” and which is commonly called the act 
of ſupremacy, does expreſsly relate to all the 
queen's dominions as well as to the realm of 
England, and is even extended by poſitive 
words to ſuch countries and places as ſhould; 
at any future time become ſubject to the erown 
of England. The purport of Pp Unpdrtant! 
act is as follows. 
The ſixteenth ſection of itis in a theſe words. 
ec And, to the intent that all * and fo- 
reign power and authority, ſpiritual and 
temporal, may for ever be clearly extin- 
« guiſhed and never to be uſed or obeyed 
« within this realm, or any other your ma- 
« jeſty's'dominions or countries, may it pleaſe 
« your highneſs that it may be further en; 
« acted. = the authority. aforeſaid, That no 
« foreign, prince, perſon, prelate, * 
“ potentate, ſpiritual or temporal, ſhall at 
er any time after the laſt day of this ſeſſion of 
< parliament, ule, enjoy, or - exerciſe, - any 
<« manner of power, juriſdiction, ſuperiority, 
« authority, pre- eminence, or privilege, ſpi- 
e ritual or Lene within this realm, 
« or within any other you majeſty's domi- 
4 nions and countries that now be, o here- 
after ſhall. be; but from thenceforth the 
90 ame ſhall be clealy aboliſhed out of this 


e realm, 


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te reales, and all other your finjeſty W dem- 

* niens for ever; ay ſtatute, ordhnancë, 
% cuſtom,” conſtitutione, or any other matter 
r cauſe whatſoever to the contraty in ny 
< wiſe. notwithſtanding.” ” ** . 

The next ſection of this act of parliament 
anneses all eccleſiaſtical 8 to che 
crown of England. * en 
The 19th ſection requires all Viſhops und 
other eocleſiaſtical perſons, and all eceleſiaſti- 
cal - officers and iniſters; and all temporal 
judges, juſtices, mayors,” and other lay or 
temporal officers and miniſters, and every 
other perſon having the queeti's fee er wages, 
within the realm of England or any other ber 
highhieſs's dominiiotis 4 of Take the” oath' of ſu- 
premiey. FA WWD 30% 
The Ach ſeAioner ; afts that every temporal 
perſon doing homage for his lands to the 
queen, his k. heirs or ſneceſſors, or that ſhall be 
received into the ſervice of the queen, her 
heirs or ſucceſſors, ſhall take the ſame bath. 
And the 27th ſection etiacts, that, if any 
perſon of any degree whatſoever,” "dwelling 
within'the realm of England, or in any otber 
2 realms or dominion,” ſhall, 1597 'Writ- 
ing, teaching, or preaching, maintain or de- 
fend the voy ſpiritual or eecleſiaſtical, 8 
of 2 any foreign p 7 prelate, perſon, ſtate, 
or potentate, whatſoever, here ore claimed, 
* el within the realm of Eng- 
n or any dominion or country being within 
22 or 


[ 188 } 


or under the power, dominion, or obeilance, 
of the queen's Thigh hneſs, he ſhall forfeit all his 
goods = chattels for the firſt offence. 

This ſtatute ſeems, fro the whole com- 
plexion of it, as well as from the poſitive 
t 8 your "majeſty s dommions that hereafter + 

| ſhall be , to have been conſidered, by the le- 

| "iflature that paſſed it, as an indiſpenſable-part 
of the 22 policy of the Engliſh: govern- 

ment, and to have been intended to take plaee 
in every country that either then made, or 

ſhould thereafter make, a pert of the dominions 
of the crown of England. 

The reſtriftions therefore nt this 8 are | 
thoſe to which we muſt ſuppoſe the foregoing 
article in the treaty of peace to refer, by t the 
words, as far as the laws of Great-Britain 
permit. And conſequently the Britiſn nation 
is bound by that artiele to grant to the Cana» 
dians the liberty of Nee the worſhip. of 
the Roman-Catholick religion only ſo far as is 
conſiſtent with that ſtatute: and this ſtatute 
muſt be deemed to have been in foree in Ca- 
nada from the time of ratifying the ſaid treaty 
of peace in February, 176g, by its own virtue 
and operation, without the help of the king's 
proclamation in October, 1763 which intro- 
duced the reſt of the laws of I Ingland, os of 
the king 6. commiſſions of governour of the 
province of Quebeck given to general Murray, 
and general Carleton, by which they we! 
directed to require from Ong member bot? 


K 


the council and 3 ſdon as tliert 
ſhould be one) that they auld take the hath 
of abjuration af the... popets, authority and 
ſubſcribe the declaration ageinſt tranſubſtam . 
tiation before he was permitted to take his 
ſeat. And it muſt be 10 have con- 
tinued in force in the province till the late act 
of parliament, — —— n me that 
it recognixes it | (ſee. above, as being 
in force by virtue of the 2 words Hf 
reſer vation in the treaty ene makes a | 
conſiderable alteration in ĩt. 2 t 

I will now {conſider | tlie-wdeiation of this 
ae ſtatute with — to the: in 
O 13110 100 Js 10 +$& To 

In the firſt * it a appears by the 6th 
ſection of it above-recited,: 2 0 expreſs 
Words, 8 matjeſiy's domintions and 
countries thi 2 a et hrt 
all exereiſe of the pope 


ITN XS Ta a + 


ws CNT e 


1 
was appointed to that office by a bull of ont 


f the late popes, is well known to all the 
inhabitants af che province of Quebeck, and 
4 further evinced by the title he himſelf af- 
Tomes in his epiſcopal mandates, | W is as 

ollows; 


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Jean Olivier Briand, par la miſeri. 
corde de Dien et ia grace di Saint Siege, evdy 
de Quebec, ſuffragantimmediat du fige a folique, 
chanoine bonoraire de Wr weird Haine hey 
Tees, Ge. 
In the ſecond: place, it is e dem d 
I gth ſection of the ſaid ſtatute, that the popiſh 
biſhop, (even if he did not act by — 
from the ſee of Rome) ought not to exerciſe 
the office of biſhop in the ſaid province with- | 
out having taken the oath of ſupremacy. And 
"WY in like manner all other eccleſiaſtical perſons, 
1 and all ecclefiaſtical officers and miniſters, and 
1 3 all temporal judges, juſtices, mayors, and 
other lay, or temporal, officers and miniſters, 
and: every other: perſon having the kin g s fee, 
or wages, in the ſaid province; that is, as I 
conceive, all the prieſts eſtabliſhed in a legal 
manner in the ſeveral pariſhes of the province, 
ſo as to have a lawful right to the parſonage- 
houſes and glebe-lands in them, and (if the 
king had declared his pleaſure in — 55 = 
. r obligation on the 2 
prieſts their tythes and other former —— to 
— tythes of the pariſſies, and all the church 


wardens and other ſuch eccleſiaſtical officers 
and miniſters, and all temporal judges" and 
other officers of the civil government of the 
province, and all holders of places of profit 
under the crown in it, (or __ who receive 
the king's fee, or Wages, ) _ to Fre the 
aid oath of ſupremacy. ' 2 ld. 


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5 This 


15 191 10 


This ſection of the act of ſuptemacy 
perhaps. be thoug ht inconſiſtent even — ma 
toleration of the R Roman-Catholick religion in 
Canada, becauſe none of the r 
lick prieſts in the province can, while they 
continue Roman: Cn licks, take the ſaid o 
of ſu ARNE But if we examine the matter 

„we ſhall find that it is not ſo. For, 

HR it r . . all. eccleſiaſtical perſons, or 
prieſts, to this oath, yet, as it inflicts n 
2 nalty upon them for refuſing to take it 
e deprivation of their benefices or other 
= 3 it ſeems reaſonable. tai 
at the words, all. ecclefraftical perſons, 
—_ e ag Coney their extenſive 
import) to relate only to\ſuchiprieſts as have 


benefices or other — promotions, 


to be deprived of, and not to All prieſts what- 
ſoever. And there is no clauſe i in the act that 
inflicts any pe upon Romith prieſts, or 
prieſts who have not taken the oath of ſu- 
rouge s 8 in ogy ping 
enefices or ſpir romotions, for laying 
or ſinging maſs, or 3 
ments of the church of Rome, in — 
maſs-houſe, or chapel, . belonging to thoſe 
| of their own. religion at whoſe deſire 
ey. ſhould officiate ; though this was after- 
wards made arri the ſtatute of the a d of 
Elizabeth, cap. 1. . It ſeems that 
the Romith prieſts i in Canada, who could hot 
mw. the oath of ſupremacy, might n 
3 C 85 


om, 


L 192 J 


leſs, conſiſtently with this act of ſuprema 
have ſaid or ſung maſs, and adminiſtered the; 
ſacraments of the church of Rome, to perſons 
of their own religion, in private maſs-houſes 
or chapels, and perhaps alſo (by the indul- 
gence of the government, and by way of con- 
tinuation of the liberty that had been granted 
them in expreis words by the capitulation,) 
in the ſeveral pariſh- Churches in the province, 
but without any right either to the ches or 
the parſonage-houſes, or the glebe-lands, or 
ny er advantages, or proviſions, acknow-" 
— ged and ſupported by the laws, or which 
did not ariſe from, and depend upon, the 
voluntary bounty: of the perſons at whoſe de- 
- _ officiated. And this would have been 
and ſtrictly a toleration of the Roman- 
Car olick ig oa which is all that was in- 
tended to be granted by the treaty of peace. 
Every thing further is, in 4 greater or vows 
degree, an eſtabliſhment of it. 

I deſire it may be obſerved chat I ates der . 
preſent inquiring what was fit, in point of 
policy or humanity, to be done in this reſpect 
in order to accommodate and gratify che Ro- 
man- Catholic clergy of the province, 2 
would open à very wide field: of argument, 
but what the treaty of required 7 
done in the forepoing clauſe 6 of indulgence to 
the Roman-Catholick religion 

But, to return to the principal propoſition 
which I had undertaken to prove; which _ 
at 


Eon Roe nes oO OS oe 


CAR TW WT CC eln 


[i 19g ]: 

that the incapacity to hold places of truſt and 
profit was not (as ſome writers have repre- 
ſented it,) a new hardſhip impoſed inadver- 
tently upon the Roman-Catholicks of Canada 
by the king's proclamation, ,or commiſſions to 
his governours, in derogation of the treaty of 
peace, and which therefore the king and par- 
lament were bound in honour, in order to. 
carry that treaty effectually into execution, to 
remove; I hope it now appears plainly to the 
ſatisfaction of my readers, that by the afore- 
ſaid 19th ſection of this great and fundamen- 
tal ſtatute of the iſt of Elizabeth, cap. 1. (to 
which the treaty of peace is acknowledged in 
the late act of parliament to refer, and which 
is therein recognized as being of force in Ca- 
nada,) all temporal judges, juſtices, mayors, 
and other lay, or temporal, . officers and mi- 
niſters, and every other perſon having the 
king's fee or wages, that is, in other words, 
every judge and other officer of government, 
and every perſon holding any place of profit 
under the crown, was under an obligation of 
taking the oath of ſupremacy.  - — 
The penalty of refuſing the faid oath of 
ſupremacy, to any perſon poſſeſſed either of 
an eccleſiaſtical benefice, or other ſpiritual pro- 
motion, or any temporal office or place, is 
appointed in the 28th, 21ſt, and 22d, ſections 
of the ſame act of ſupremacy, to be the im- 
mediate and perpetual forfeiture of the ſaid 
benefice, promotion, office, or place, _— 
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the life of the perſon who held it, in the ſame 


manner as if the ſaid perſon were dead. 
But, though the oath of ſupremacy was 


| ackefficy to be taken by all officers of govern- 


ment, and other perſons holding places of 
profit under the crown, in Canada, by virtue 
of the treaty of peace and the aforeſaid act of 
the 1it of Elizabeth, cap. 1. to which the ſaid 
treaty had a reference, yet it muſt be con- 
feſſed that the other proteſtant teſt which has 
been hitherto taken by the officers of govern- 
ment in the province of Quebeck, I mean, 


the declaration _ againſt tranſubſtantiation, 


would not have been in force there by virtue 
of the treaty of peace and the ſaid act of ſu- 
premacy therein referred to, without. the 
king's proclamation of October, 1763, and 
commiſſions to his governours of the pro- 
vince; becauſe the obligation of ſubſcribing 
that declaration is founded only on the ſtat. 
25 Car. II. cap. 2. intitled, An act for pre- 
venting dangers which may happen from po- 
piſh recuſants,” which related only to Eng- 
land and Wales, and did not proprio vigore, 
or by its own import and operation, extend 
to the American colonies or other out-lyin; 

dominions of the crown. This ſecond tell 
for excluding Roman-Catholicks from places 
of truſt and profit was introduced into the 
province of Quebeck by the proclamation of 
October, 1763, which promiſed to the per- 

ſons who aud reſort to, and reſide in, that 


province, 


province, the cpa anolnitagt of the 
benefit of the laws of England, and by the 
two commiſſions of captain-general and go- 
vernour in chief of the ſaid province ſuc- 
ceſſively given to general Murray and general 
Carleton, which directed thoſe governours to 
require every member both of the council 
and aſſembly of the province (as ſoon as one 
ſhould be ſummoned, ) to make and ſubſcribe 
that declaration againſt tranſubſtantiation, as 
well as to take the oaths of allegiance and 
ſupremacy, and abjuration of the pretender's 
title to the crown, before he was rape 
to take his ſeat. The want of attending to 

this diſtinction between the foundations on 
which theſe two proteſtant teſts, the oath of 


ſupremacy and the declaration againſt tranſub- 


ſtantiation, have hitherto ſubſiſted in the pro- 
vince, ſeems to have given occaſion to ſome 
confuſion on this ſubject. 

I have one thing more to obſerve, before I 
quit this ſubject, concerning the legal obliga- 
tion of paying tythes to the Romiſh clergy in 
the province of Quebeck, which ſome perſons 
have aſſerted to have all along ſubſiſted in the 
province ever fince the. conqueſt of it, or at 


leaſt till the general introduction of the laws of 


England into it by the proclamation of Oc- 
tober, 1763, and the king's commiſſions to 
his governours. The obſervation I mean to 
make here upon this matter is, that the ſaid 
aſſertion 1 is ſo far from being true, that, before 

C Er the 


[ 196 J 


the ſaid proclamation was publiſhed, ' the 
Roman-Catholick prieſts of Canada were 
doubly excluded from their legal right to 
tythes by the capitulation and treaty of peace, 
to wit, firſt, by the capitulation, and, ſe- 
condly, by the treaty of peace. For by the 
capitulation the obligation of the people to 
pay the tythes to them was expreſsly ſuſpended 
till the king's pleaſure - ſhould be declared: 
and the king's pleaſure had never been de- 
clared upon that ſubject till the late act. And 
by the reference to the laws of Great-Bri- 
tain, and conſequently to the act of ſupre- 
macy, or ſtat. 1 Eliz. cap. 1. in the aforeſaid 
4th article of the treaty of peace, all eccleſi- 
aſtical perſons were to be excluded from their 
benefices till they had taken the oath of ſu- 
premacy ; which none of the Romiſh clergy © 
of that province have taken : inſomuch that, 
if the king's majeſty had, in the interval be- 

_ tween the ſaid capitulation in September, 1760, 
and the faid treaty of peace in February, 1763, 
as, for inſtance, in the year 1761, declared it 
to be his royal pleaſure that the people of Ca- 
nada ſhould be obliged by the Engliſh govern- 
ment to pay the prieſts their tythes, yet they 
would have been a ſecond time deprived of 
their legal right to them by the ſaid article of 
the treaty of peace, unleſs they would have 
taken the oath of ſupremacy, by reaſon of 
the aforeſaid 19th ſection of the act of 
ſupremacy, which was 0 to in the 

7; 6 en | ſaid 


L 199 J 


laid treaty, and thereby, as it were, eſtabtiſhed- 


and promulged by his majeſty” 8 authority, 
with the conſent of the F ee ee 
hic 


out all the country of Canada which was ceded 


to the crown by that article. 
It appears therefore that the parliament was 
not bound in juſtice and honour, by the terms 
either of the capitulation or treaty of peace 
above- mentioned, to revive the compulſive 
obligation on the laiety of Canada to pay the 
Romiſh prieſts their tythes, nor to admit any 


of the ſaid prieſts to hold benefices in the ſaid 


country, nor the Canadian laymen to hold 
places of truſt and profit without taking the 
oath of ſupremacy. Ty 3 
Note. By the ſtatute of the iſt of kin 
William and queen Mary, ſeſſ. 2, cap. 2, whic? 
is well known by the name of the Bill of rights, 
the oath of ſupremacy appointed by the afore- 
ſaid act of the iſt of Elizabeth, cap. 1, was 
taken away, and another of a merely negative 
kind, or which contains only a denial of the 
pope's and every other foreign juriſdiction and 
authority in ſpiritual matters in this realm, but 


does not, as the former oath did, affirm the 


king to be the ſupreme head of the church, 
was eſtabliſhed in its ſtead. 

This oath is as follows. 

I A. B. do ſwear that I do from my 
heart abhor, deteſt, and abjure, as impious 
and heretical, that damnable doctrine and 
poſition, that princes excommudicated, or 


2 1 


deprived, by the pope, or any authority of | 


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[ 98 J 


the ſee of Rome, may be depoſed or murdered 
by their ſubjects, or any other perſon what- . 
ſoever. And I do declare that no foreign 


* perſon, prelate, ſtate, or potentate, 


ath, or ought to have, any juriſdiction, 


power, ſuperiority, pre- eminence, or authority, 


eccleſiaſtical or ſpiritual, with this realm.” 
So help me GOD.“ 


This is the oath which has been taken ever 
ſince the Revolution, in lieu of the former 


oath of ſupremacy appointed by the ſtatute of 
queen Elizabeth, and which therefore ought 


to have been taken in Canada by all prieſts 


who held benefices, and judges and other 
temporal officers of government, and perſons 
who held places of profit under the crown, in 
that country from the ratification of the ſaid 
treaty of peace to the time of paſſing the. 
late act. | | | 
In lieu of this oath the late act of parlia- 
ment has eſtabliſhed another oath of a. very 
different purport, being nothing more than 
an oath of allegiance exprefled in many words, 
and accompanied with a renunciation of all 
pardons and diſpenſations for the breach of it. 
By this abolition of the oath of ſupremacy 
in the province of Quebeck the late act has in 
a great meaſure repealed and annulled the act 
of the 1ſt of Elizabeth, cap. 1. though in 
words it ſeems to recognize and confirm it. 
See the clauſe which recognizes and confirms 


it, 


(199 ] 
it, above, in page 84; and the pròviſo which 


weakens, or rather deſtroys, the force of that 
confirming clauſe by ſuppreſſing the oath of 
ſupremacy, and ſubſtituting the new oath of 


allegiance in its ſtead, in page 85; and the 
new oath itſelf in page 86. And thus the 


neceſſity of abjuring the foreign juriſdiction 


of the biſhop of Rome, in order to an ad- 


miſſion to offices of truſt and power, which 


has hitherto been conſidered as a fundamental 
article, and, as it were, a principal land-mark, 
in the conſtitution of the Engliſh government, 
ever fince the reformation, has been taken away 


throughout this extenſive part of the dominions 


of the crown by the late act of parliament; 
without any obligation of honour or public 
faith, ariſing from the capitulation or treaty of 
peace above-mentioned, (as has been fully 
ſhewn) to make ſuch a meaſure neceſſary. As 
to the reaſons of policy and expedience that 
may be alledged in favour of it, I leave them to 
be conſidered by thoſe who are acquainted with 
them, having never myſelf been able to per- 
ceive that there were any, nor obſerved that 
any have been alledged by the numerous writ- 
ers in defence of the late act, who have all of 
them endeavoured to juſtify it only upon the 
ground of the obligation on the national 
faith and honour, ariſing from the capitulation 
and treaty of peace, which has been ſhewn 
to be inſufficient for that purpoſe. 
f 5 ee ee Many 


[ 286% 


Many more obſervations might be made 
both on the foregoing French petition and the 
act of parliament to which it has given riſe. 
The vaſt enlargement of the province by adding 
to it a new territory that contains, according to 
Lord Hillſborough's eſtimation of it, 511 mil- 
lions of acics, that 18, more land than Spain, 
Italy, France and Germany put together, and 
moſt of it very good land, is a meaſure that 
would require an ample diſcuſſion. The total 
reſcinding the king's proclamation of October, 
1763, by which the royal and national faith | 
was bound to thoſe Britiſh ſubjects that ſhould 
reſort to, and reſide in, the province of Que- 
beck, that they ſhould enjoy the benefit of the 
laws of England; inſtead of explaining and 
correcting it ſo far as might have been done 
with the conſent and approbation of the ſaid 
Britiſh ſubjects, and as would have been ſuffi- 
cient to ſatisfy the great body of the Canadian 

inhabitants of the province, to wit, by a re- 
vival of only ſo much of the former French 
laws in civil matters as related to the tenure, 
alienation and ſettlement, inheritance and 
dower of landed property; is another m 
of great importance which requires a very full 
conſideration. The great imperfection of the 
late act in not ſaying any thing about the bi- 
ſhop of Quebeck, who has hitherto reigned 
in the province with great power and autho- 
rity, exerciſing the ſpifitual thunders of ex- 
communication, ſuſpenſion of prieſts from 
their 


| 201 } 


their offices and benefices, and interdicting 


divine worſhip in churches and chapels, in 
a manner that has ſpread great terror among 
the Roman-Catholicks of the province: 
its imperfection alſo in not aſeertaining, or 


rather in not B_ in the crown, the right 


of preſentation to thoſe benefices which were 


formerly in the e of the biſhop of 


Quebeck, and which are almoſt all the be- 
nefices in the province, there being not above 
a dozen out of the whole number, (which 
is 128,) that are in the patronage of private 

rſons :----and a number of other ſtriking 
defects and omiſſions in the late act, which 
leave the condition of the province which it 
was meant to regulate, in a ſtrange degree of 
uneertainty upon many important points; 
are matters that it would take up many pages 
to inquire into with the attention they de- 
ſerve. But theſe are ſubjects which I have 


not time at preſent to enlarge upon. I ſhall 
therefore here put an end to theſe remarks 
on the foregoing French petition and me- 


morial, and preſent the reader with a copy 


of the Caſe of the Britiſh merchants at 
London concerned in the Quebeck trade, 


which was drawn up, at the deſire of the 


ſaid merchants, in the month of May laſt, 


at the time of paſſing the late Quebeck bill, 
and of which printed copies were diſtributed to 
ſeveral members of both houſes of parliament, 
in order to give weight to a petition againſt 
Dd that 


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Ile pro- 
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ot October 


1763. 


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F 202 
that bill which thoſe merchants at that time 
preſented to the Houſe of Commons in be- 
half of themſelves and their correſpondents 


and friends, the - Britiſh inhabitants of the 
province of Quebeck. 


T his caſe was as follows. 
5 roll 


The Caſe of the Britiſh Merchants 
trading to Quebeck, and others of 
his Majeſty's natural-born Subjects, 
who have been induced to venture 
their Property in the {aid Province 
en the Faith of his M Majefty's Pro- 


clamation, and other Promiſes ſo- 
lemnly given. | 


OE king's moſt excellent mahl was 
pens þ pleaſed, by his royal procla- 
mation of the ſeventh of October, one thoufand 
ſeven hundred and fixty-three, paſſed under 
the great ſeal of Great-Britain to invite his. 
loving ſubjects, as well of his kingdoms of 
Great-Britain and Ireland, as of his colonies 
in America, to reſort to the ſaid province of 
Quebeck, and the other provinces then lately 
ceded to his majeſty by the French king, in 
order to avail themſelves, with all convenient 
ſpeed, of the great benefits and » 
at 


I | 
that muſt accrue. therefrom to their commerce, 
manufactures, and navigation; and as an en- 
couragement to them ſo to do, to publiſh and 
declare, that his ſaid majeſty had, in the let- 
ters patent under the great ſeal of Great- Bri- 
tain, by which the new governments in the 
ſaid ceded countries had been conſtituted, 
given expreſs power and directions to his go- 
{ vernours in the ſaid new colonies, that fo ſoon 
5 as the late and circumſtances of the ſaid new 
colonies would admit thereof, they ſhould ſum- 
3 mon and call general afſemblies within the 


nl 


Wy, QC 


aid governments, in ſuch manner and form 


as is uſed and directed in thoſe colonies 
and provinces in America which were under 
. his majeſty's immediate government; and that 
his majeſty had alſo given powers to the ſaid 
governours, with the conſent of his majeſty's 
councils of the ſaid province, and the repre- 

| ſentatives of the people in the ſame, ſo to be 


; ſummoned as aforeſaid, to make, conſtitute 
| and ordain laws, ftatutes, and ordinances for 
| the publick peace, welfare, and good govern- 
x ment of his majeſty's ſaid colonies, and of the 
N people and inhabitants thereof, as near as may 


be agreeable to- the laws of England, and 
under ſuch regulations and reſtrictions as are 


; uſed in other colonies; and was pleaſed fur- 
ther to declare, that in the mean time, and 
until ſuch aſſemblies could be called as afore- 


ſaid, all perſons inhabiting in, or reſorting to, 
his majefly's ſaid colonies night confide in bis 
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Provincial 
ordinance 
of Sept. 17, 


2764. 


[ 204 ] 
majeſty's royal protection for the enjoyment of 
the Nan of = laws of England ; Sd that 
for that purpoſe his majeſty had given power, 
under the great ſeal, to the governours of his 
majeſty's ſaid new colonies, to erect and con- 
ſtitute, with the advice of his majeſty's coun- 
cils of the ſaid provinces reſpectively, courts 
of judicature and publick juſtice within the 
faid colonies, for the hearing and determining 
all cauſes, as well criminal as civil, according 
to law and equity, and as near as may be, 
agreeably to the laws of England. TT 

And in purſuance of the ſaid proclamation, 
and of the commiſſion of captain-general and 
governour in chief of the faid province of 
Quebeck, granted to major-general Murray, 
in the following month of November, one 
thouſand ſeven hundred and fixty-three, and 
by him received and publiſhed in the month 
of Auguſt of the following year, one thouſand 
ſeven hundred and ſixty-four, the ſaid major- 
genera] Murray did, with the advice of his 
majeſty's council of the ſaid province, make 
and publiſh an ordinance of the ſaid province 
on the ſeventeenth day of September, in the 
ſame year, one thouſand ſeven hundred and 
fixty-four, for erecting and conſtituting courts: 
of judicature; and by the ſaid ordinance did 
erect two principal courts of judicature, called 
the Courts of King's Bench, and Common. 
Pleas; and did by the ſaid ordinance give 
power and authority to the chief juſtice of the 


province, 


th. 


WW ww 


4 


. dd... * 


[ 205 ] 


province, before whom the faid court of 


King's Bench was to be held, to hear and 
determine all criminal and civil cauſes, agree- 


ably to the laws of England, and the ordi- 


nances of the ſaid province; and did likewiſe, 


by the faid ordinance, direct and command 


the judges of the ſaid ſecond court, called the 
Court of Common Pleas, to determine all 
matters brought before them' agreeably to 
equity, having regard nevertheleſs to the laws 
of England, as far as the circumſtances and 


then preſent ſituation of things would admit, 


until ſuch time as proper ordinances for the 
information of the people could be publiſhed 


by the governour and council of the ſaid pro- 


vince, agreeable to the laws of England. , 
And on the fixth day of November, in the 
ſame year, one thouſand ſeven hundred and 
ſixty-four, another provincial ordinance was 
ubliſhed by the ſaid governour Murray, and 
his majeſty's council of the ſaid province, for 
the fake of quieting the minds of his majeſty's 
new Canadian ſubjects, and removing the ap- 
prehenfions occaſioned by the ſaid introduction 


of the laws of England into the faid province, 


by which it was ordained and declared, that 


until the tenth day of Auguſt then next en- 
ſuing, that is, in the year of our Lord one 


Provincial 
ordinance 
of Novem- 
ber 7 1764. I 


thouſand ſeven hundred and fixty-five, the 


tenures of the lands, in reſpect of ſuch grants 
as were prior to the ceſſion of the ſaid pro- 


vince, by the definitive treaty of peace ſigned | 


at 


44 
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Conclu- 
ſion drawn 
from the 
ſaid pro- 
clamation 
and ordi- 
nances by 
the king's 
ancient & 
natural- 
born ſub- 
jects. 


1 206 1 


at Paris, on the tenth day of February, one 


thouſand ſeven hundred and fixty-three, and 
the rights of inheritance, as practiſed before 
that period, in ſuch lands or effects of any 
nature whatſoever, according to the cuſtom of 
the ſaid country, ſhould remain to all intents 
and purpoſes the ſame, urnlefs they ſhould be 
altered by ſome declared and poſitive law. , ' 

And the ſaid two ordinances have been 
tranſmitted to his majeſty, and never diſ- 
allowed by him, and are therefore generally 
underſtood by his majeſty's Britiſh ſubjects in 
the faid province, to have received the fanction 
of his majeſty's royal approbation ; and in 
conſequence of the ſaid two ordinances, to- 
gether with the proclamation aforeſaid of the 
feventh of October, one thouſand ſeven hun- 
dred and fixty-three, and the two commiſſions 
of governour in chief of the ſaid province, 
granted ſucceſſively to major-general Murray 
and major-general Carleton, which ſeem in 
every part of them to pre-ſuppoſe that the 
laws of England were in force in the faid 
province of Quebeck, being full of alluſions 


and references to thoſe laws on a variety of 


different ſubjects; and do not contain any inti- 
mation of a ſaving of any part of the laws and 


cuſtoms that prevailed in the ſaid province in 


the time of the French government, we the 
Britiſh merchants trading to Quebeck; and all 
the ancient Britiſh ſubjects reſiding in the faid 
province have been made to underſtand and be- 

lieve, 


2 „22 


„% Ä “irt 


GO oOm< Oo Kao 


VW 


word, that they ſhould continue to be obſerved 
priſe and concern at hearing that a bill is now ny — 


October, one thouſand ſeven hundred and kings pro- 


many of us have, through a confidence in the — 


[ 207 ] 


lieve, that the laws of England have been in- 
troduced into the ſaid province, and that they 
have had the ſanction of his majeſty's roya 


n 1 oy * 2 * — 2 ” p 4 F - 
ce RA LSE 
„„ CC ET 


8 
1 
= 


Wim. 
5 ths. _ of —— >. 
— —— — 
6 COR CRF." — 


in the faid province. | 


Me cannot therefore but expreſs our ſar- The pet 


1nto 1 . by-whi 5+ io ju the defi 
brought into parliament, by which it is in — 


tended, that the ſaid royal proclamation of ing the 


2 
5 
1 
%* 
1 
75 5 
14 4 
= 
b | 
| 37 Tg l 
4&3 
ELSE 
7 1 
* 
. 72 


Ertpdrees and U S , as HR 

authority whereof the government of the ſaid 1 

province is at preſent adminiſtered, and all nour, &c. 

the ordinances of the ſaid province, relative 

to the civil government and adminiſtration. of 

juſtice in the fame, and all commiſſions to 

judges and other officers of the ſame, ſhould 

be revoked, annulled, and made void,  - | 
We humbly beg leave to repreſent, that Credit 


ſaid royal proclamation, and other inſtruments tioners to 
pombe nd. from, and allowed by, his ma- Ring * 
jeſty's: royal authority, ventured to fend con- on he 
ſiderable quantities of merchandize into the faith of 
ſaid province, and to give large credits- to — 
divers perſons reſiding in the ſame, both of tion, &c. 
his majeſty's new Canadian ſubjects, and of 

his antient Britiſh ſubjects, who have, through 

a like confidence in the faid proclamation, 
reſorted to, and ſettled themſelves in, the ſaid 
province. And that we have. employed our 
property and credit in this manner, in i roar 

g elief, 


: Ly 2 VB 
— — ? 
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=y - — — bd 
r = 


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_ = r - SI I 8 . 
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nod, OO md ⁰W -¹.üw . 
= . 2 TY 
re 


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* * 
* 7 1 
— R 
o 8 » © — 
3 * * 

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7 


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r 
D 
— 


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2 r 


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— — EI — — — * — — 4 = Pex 
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k g £1 "a4 — s x» Sr — r ** * —f 2 
. ̃ — , ET ag 9 7 3 = 2 = : : * R y _— — — — 
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U]Uwm p —⅜ 


It 208 1 | 


belief, that we ſhould have the remedies 


allowed us by the laws of England for the 
ſecurity and recovery of it; and that if we 
had ſuppoſed the French laws, which pre- 

vailed in the faid province under the French 
government, to be ſtill in force there, or to 


be intended . to be revived in the ſame, we. 


would not have had any commercial con- 
nections with the inhabitants of the ſaid pro- 
vince, cither French or Engliſh.. And there- 
fore we beg leave to repreſent, that we think 
ourſelves intitled, upon the mere grounds of 
juſtice, (without deſiring any favour. to be 
ſhewn us on the account. of our being his 
majeſty's antient, and faithful, and Wins Bar 
ſubjects, that are attached to his royal perſon 
and government by every tie of religion, in- 
tereſt, and habitual duty and affection) to 
1 inſiſt that, if it be reſolved to perſiſt in this 
defire that new meaſure of reviving all the former laws of 


the inten 
ed i Canada concerning property and civil rights, 


of the and aboliſhing the laws of England that have 


French 


laws may prevailed there in their ſtead fince the eſtabliſh- 


at leaſt be ment of the civil government in one thouſand 


poſtponed 
for fome ſeven hundred and fixty-four, the execution. 


ine. thereof may at leaſt be poſtponed until we 
ſhall have had ſufficient time. to withdraw our 
effects from the ſaid province, and obtain pay- 
ment of the debts which are owing to us in the 
fame, by the remedies and methods, of trial 
allowed and appointed by the laws of England 


in that behalf; through a reliance on which 


remedies 


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remedies and methods of trial we were in 


duced to venture our our ſaid effects there, 


and permit thoſe debts to be contracted. And 


this time, we humbly repreſent, cannot wn 
be leſs than three years. | 
We further beg leave to repreſent, that „ 
apprehend his majeſty's former conduct in — ber- 
introducing the laws of England into the ſaid Ter con- 
province by his proclamation and other inſtru- troducing 
ments aforeſaid; to have been in no wiſe un- England. 
uſual, or ſevere, or particularly harſh, with into Ca- 
reſpect to his new Canadian ſubjects, nor to nada. 
have been unexpected by them, but to have 
been the natural and known conſequence of 


the conqueſt and ceſſion of the country to his 


majeſty by the late peace, according to the 


policy of the crown of Great-Britain on the 
occaſion of ſimilar conqueſts in former times. 
And we particularly beg leave to obſerve, that The fame 


the whole law of England has been introduced dens Fig 


into the kingdom of Ireland, in conſequence '*linc; 
of the conqueſt of it by the arms of England, 
without any the leaſt mixture of the antient 


Iriſh laws, even upon the ſubjects of tenures 


and deſcents of land: and- no inconvenience 

has been found to follow from it; but, on the 

contrary, the fimilitude of laws is at this day 

a ſtrong ground of union and mutual affection 

between the inhabitants of the two countries. 

And the like has been done with reſpect to 

the principality of Wales; in which the Eng- And in 

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for more than two hundred years paſt: and' 
the like good effects have followed from it. 
And in the laſt century, upon the conqueſt of 
And in the province of New-York, then called the 
Yi New Netherlands, from the Dutch, the ſame 
policy was obſerved, and the Dutch laws were 
totally aboliſhed, and the Engliſh laws intro- 
duced in their ſtead, which have prevailed 
there ever ſince. And yet, at that time, the 
Dutch ſettlers in that province were very nu- 
merous, and from them much the greater 
part of the preſent inhabitants are deſcended. 
And, in conformity to theſe examples, we did 
conceive his moſt gracious majeſty to have in- 
tended to introduce the laws of England, by 
his proclamation aforeſaid, into the four new 
governments of Granada, Eaſt Florida, Weſt 
Florida, and Quebeck, inſtead of the French 
and Spaniſh laws, which had prevailed therein 
A power under the former governments. And we 
ofdoingſo conceive this conduct of his moſt gracious 
in Can majeſty, to have been no way derogatory to 
preſaly re- the articles of capitulation, granted to his 
the king Canadian ſubjects by general Amherſt; upon 
by the ca- the ſurrender of the whole country to his 
pitulation , , . | | 5 
majeſty's arms in September, one thouſand 
ſeven hundred and ſixty; becauſe, when the 
French general expreſsly demanded, in one of 
the articles of capitulation, That the French 
and Canadians ſhould continue to be governed 
according to the cuſtom of Paris, and the laws 
and uſages eſtabliſhed for that country, and 
| | that 


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that they ſhould not be ſubject to any other 

impoſts than thoſe that were eſtabliſhed under 

the French dominion ;” the ſaid general Am- 

herſt, in his anſwer to the ſaid demand, de- 
clares, That they become the kings ſubjects; 

thereby avoiding to tie up and preclude his 

late majeſty, and his royal ſucceſſors, from 

making ſuch changes in the laws and taxes of 

the ſaid province, as to his royal wiſdom 
ſhould ſeem meet. ry: CAS, 
We further beg leave to repreſent, that we The parts 
are moſt eſpecially anxious for the preſerva- fin fw 
tion of thoſe parts of the Engliſh law which which the 
relate to matters of navigation, commerce, moſt par- 
and perſonal contracts, and the method of ticularly. 
determining diſpùtes upon thoſe ſubjects by be conti- 
the trial by jury, and likewiſe for thoſe parts e pro. 
of it which relate to actions for the reparation vince. 
of injuries received, ſuch as actions of falſe 
impriſonment, and of ſlander, and of aſſault, 
| and whatever relates to the liberty of the per- 
Fe fon, and moſt of all for the writ of habeas 
corpus, in caſes of impriſonment ;* which we 
| take to be, in the ſtrongeſt and moſt proper 
| ſenſe - of the words, one of the benefits of the 
| laws of England, of which his majeſty has 
2 promiſed us the enjoyment by his proclama- 
] tion above-mentioned, and which we appre- 
| 
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hend to be a part of the Engliſt» ſyſtem of 

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The pro- And we beg leave to repreſent; that the 


iperous 


condition province of Quebeck has thriven exceedingly, 

1 dee both in agriculture and trade, ſince the efta- 

the intro- bliſhment of the civil government of the 

— 4 vince, and the introduction of the Engliſh 

liſh law. laws into the ſame; having exported: laſt year 
about three hundred and fifty thouſand buſhels 


of corn; whereas, in the time of-the French 


government, they exported none at all, and 


produced hardly n for: r on ſub- 
ſiſtence. | 


Thegreat- And we further beg Joo to repreſent, 


er part of 


the trade that much the greater part of this trade is 


ofthe kro· carried on by his majeſty s old Britiſh ſubjects 


cprrled.on in the ſaid province; by which they may 

rin inha- juſtly claim to themſelves the merit of having 

bitants of been the principal promoters of the late great 
improvement of the province. 

The pe, And we further beg leave to repreſent, that 

not object We by no means object to a revival or continu- 

Aal er ance of the former French laws concerning 


continu- the tenures of land, and the methods of alie- 
— nating and conveying land, nor even concern- 
lafys relat- ing the inheritance of land belonging to Ca- 
landel nadians born, or to be born, of marriages 
property. already contracted ; nor concerning dower, or 
the other civil rights of either men or 
reſulting from the matrimonial contract, lo 
far as they, relate to marriages already con- 
tracted. Ana we conceive that the revival of 


the French laws in theſe particulars, with full 


powers given to the Canadians of future times 


to 


WW 


5 SB”. 0H & Xx. 


I » Wo b.. is. 5 * — 2 „ þ N 


1 213 J 
to continue them in their reſpective families at 
their pleaſure by marriage - agreements, laſt 
wills, or deeds in their life-time, would be 
ſufficient to give full ſatisfaction to the bulk 
of his majeſty's new Canadian ſubjects, and 


make them acquieſce very chearfully in the 
general eſtabliſhment of the laws of England, 


in conformity to his majeſty's proclamation 
above-mentioned, upon all other matters. 


Many of 
And we further beg leave to repreſent, that =o Britiſh 


ſeveral of his majeſty's Old Britiſh ſubjects are inhavi- 


poſſeſſed of a — quantity of landed nine 
property in the ſaid province, and that others are poſſeſ 
af them are daily becoming ſo: and hereupon Klerabſe 
we will venture to affirm, that ſixteen of the quantities 
ſeigniories of that province, and ſome of them — 
the moſt valuable ones in the country, are in in it. 


the hands of the ſaid Old Britiſh ſubjects. 

And we further beg leave to repreſent, that, 2 ae 
in conſequence of his majeſty's moſt gracious ſembly of 
promiſe contained in his proclamation afore- 2 
ſaid, that, as ſoon as the ſituation and circum- the pro- 
ſtances of the ſaid province would permit, ann 
aſſembly. of freeholders and planters of the 
ſame ſhould be called by his majeſty's gover- 
nour thereof, which, in conjunction with the 
ſaid governour, and his majeſty's council of 
the ſaid province, ſhould have power to make 
laws and ordinances for the welfare and good 
government of the ſaid province, we have 
conſtantly entertained hopes that an aſſembly 
of the freeholders of the ſame would ſoon be 


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eſtabliſhed, and that we ſhould enj joy the 
benefits reſulting from that free and equitable 
method of government in common with the 
inhabitants of the r provinces: of 
North-America. 


The peti- And therefore we beg leave to ce 
tioners are 


larmed at that we have been very greatly alarmed by that 
the clauſe part of the bill now before parliament, which 


for eſta- 


blicing a ſeems to cancel the ſaid moſt gracious — 


legiſlative of our ſovereign, and to deprive us of all ho 
the pro- of obtaining the eſtabliſhment! of a — 
vince. aſſembly of the freeholders of the ſaid pro- 

vince, and to eſtabliſh in the ſtead thereof a 
: very different mode of government in the ſaid 


province, by a legiſlative council, conſiſting 


of perſons appointed by, and removeable at 


the pleaſure of, the crown; more eſpecially as 


the ſaid new mode of government, (which we 


preſume nothing but ſome urgent and very 


peculiar circumſtances of neceſſity can be 
thought a ſufficient reaſon for adopting) is 


not limited in the ſaid bill to continue for only 
a certain ſmall number of years, after which 
they might hope to have an aſſembly in the 


ſaid province, agreeably to the ſaid royal pro- 


miſe, but is eſtabliſhed in very general terms, 


that remove that enen proſpect r- 


their ſight. 


The want 


of a ſuffi- We =o beg leave * e pris — 
— 4 have hitherto been made to underſtand, that 


number of 


proteſtant the reaſon of the omiſſion of his majeſty's go- 


landhold- vernours of the ſaid province to call a general 
: = 5 allembly 


b L 21% Þ 


aſſembly of the freeholders of the ſame, from _ = ther; 
the firſt eſtabliſhment of the civil government Form an af. 
thereof, in the year one thoufand ſeven hun- {<mblyhas 
dred and ſixty- four, to the preſent time, ac- therto al- 

cording to the powers and directions given beseafn 


them by his majeſty in that behalf, in their of the o- 
commiſſions of captain-general and governour tcallone. 
in chief of the ſaid province, has been the 
dificulty of finding a ſufficient number of 
ſubjects of his majeſty in the ſaid province 
properly qualified, in all reſpects, to be mem- 
bers of ſuch aſſembly, according to the direc- 
tions of the ſaid commiſſions, which required, 
that all perſons who ſhould become members 
either of the ſaid aſſembly of the freeholders 
of the ſaid province, or of his majeſty's coun- 
cil of the fame, ſhould take the oath of abju- 
ration of the pope's power, and ſubſcribe the 
declaration againſt tranſubſtantiation, as well 
as take the oath of allegiance and the oath of 
abjuration of the pretender's right to the crown 
of theſe realms, before they were admitted to 
fit and vote in ſuch aſſembly and council. And _, 
this objection, we beg leave to repreſent, is fon is now 
now thought, by perſons well acquainted with ff e bos 
the ſaid province, to be at an end, there being. ing a ſuff. 
now a ſufficient number of freeholders in the berof pro- 
faid province to conſtitute a houſe of aſſembly, teſtant | 
willing and ready to take the ſaid oaths and „ 
declaration; in proof of which we beg leave purpoſe. 
to inform this honourable houſe, that a peti- 
tion has. been lately preſented to his majeſty 

| | trom 


E 216. J 1 


from the Britiſh and proteſtant inhabitants of 


the ſaid province, ſigned by a great number of 
perſons of that deſcription, requeſting his ma- 


jeſty to ſummon and call ſuch a general aſ- 


ſembly of the freeholders of the ſaid province, 
and aſſuring him that there are a ſufficient 
number of perſons in the ſaid province qua- 
lified according to the direction of his majeſty's 
commiſſion for that purpoſe, and humbly re- 
preſenting to his majeſty, that the ſituation 
and circumſtances of the ſaid province are at 


preſent ſuch, as not only render the ſaid mea- 


{ure of eſtabliſhing a general aſſembly practi- 
cable, but likewiſe make it to be highly expe- 
dient for the regulation and improvement of 
the ſaid province. TT 

And we beg leave further to repreſent, that 
if it be thought inexpedient on the one hand 
to conſtitute a houſe of aſſembly, conſiſting of 
proteſtants only, agreeably to the directions of 
his majeſty's commiſſions before-mentioned, 
on account of the great ſuperiority of the 
numbers of the Roman-Catholicks in the 
faid province, who would thereby be excluded 


from ſitting in ſuch aſſembly; and, on the 


other hand, it be thought dangerous to ſum- 
mon a general aſſembly into which the Roman- 
Catholicks ſhould be admitted indiſcriminately 
with the proteſtants; and, on account of this 


twofold difficulty, it be judged neceſſary to 


have recourſe to the new methad of govern- 
ment above-mentioned, by inveſting a _—_— 
0 


1 217 J 
perſons nominated, and removeable at, the 
pleaſure of the crown, with a certain degree 
of legiſlative 8 we humbly hope that 
the ſame reaſons which make it be Fudged 
dangerous: to admit the Roman-Catholick in- 
habitants of the ſaid province into a ſhare of 
the legiſlative authority by means of an open 
aſſembly of the ſame, wil be thought ſuffi- 
cient to exclude them from obtaining a ſhare 


ObjeRion 
to the ad- 
miſſion of 
Roman- 
222 
into the 


legiſlative 


council. 


of the ſame authority by an admiſſion into this 


new legiſlative council; which, being a ſingle 


body inveſted with the power of making laws 


for the province, will be of more weight and 
conſequenęe in the ſame, than an aſſembly of 


the freeholders would be, if the plan of go- 
vernment promiſed by his majeſty's proclama- 
tion and commiſhons above-mentioned, by a 


purſued. And therefore we cannot but ex- 


preſs our concern to find, that i in the bill now 


before parliament, there is no proviſion that 
all, or even any of, the members of the ſaid 
intended council ſhould of neceſſity be pro- 
teſtants, but that they may be all Roman- 
Catholicks cotwithſtandin g any thing con- 


governour, council and aſſembly, had been 


tainod in the ſame. - And therefore we moſt 


humbly and earneſtly intreat this honourable 


houſe to take care that, if ſuch a legiſlative 


council muſt be eſtabliſhed in the ſaid pro- 


vince, in lieu of an aſſembly of the freeholders 


of the ſame, the members thereof ſhall be all 
proteſtants; or, if that be thought too much 


FT | . to 


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Os 218 5 


to grant to them, that at leaſt a ma jority | of 


the members of the ſaid council ſhould ne. 
ceſſarily be proteſtants, and only a few of the 
moſt moderate ſort of Roman-Catholicks 


ſhould be admitted into it, who ſhould be 


required to take the oath of abjuration of the 


pope's authority, though not to ſubſcribe: the 


declaration againſt tranſubſtantiation ; which 


Neceſſity 
of making 
the mem- 
bers of the 
legiſlative 
council in- 
dependent 
of the go- 
vernour. 


is a temperament, which, as we conceive, 
might lead to good effects hereafteerr 

And we further beg leave to (reprefeneibods 
on our own account, and in behalf of eur 
friends and correſpondents, the antient Britiſh 
inhabitants now reliding i in the ſaid: province, 
that, if the ſaid province muſt be goverHed by 


a legiſlative council, nominated- by his mas 
jeſty, without the concurrence of an aſſembly 


of the freeholders of the fame, we humbly 


hope that a clauſe will be inſerted in che bill 


to render the members of the ſaid couneil in- 
capable of being 85 either removed or ſuſpended 
by his majeſty's governour of the ſaid pro- 
vince, and liable only to be removed by his 
majeſty himſelf, by his order in his privy 
council, (of whoſe. wiſdom and juſtiee we can 


entertain no fuſpicion) to the end, that'the ſaid 


counſelors may both act with 4 ſpirit of free- 
dom and independence becoming their high 


offices of legiſlators of the ſaid province, and 


be thought to do ſo by the people of the fame; 


inſtead of being conſidered as dependent crea- 


tures and tools of the will and pleaſure of the 


governour 


a. eee as a ²˙ Sod ». Sr .. am». 25 


= _ . _ 0 n ue. " _ La. 


Will bet 


49 | 


governour for the Fins being, as we conceive .. _ 
the caſe, if he ſhall be inveſted with - » 

a power of removing or ſuſpending them from 
their ſaid offices at his diſcretion. , © 
And we beg leave further to repreſent, that Thepeti. 


] tioners de- 


it is alſo our with, if ſuch a legiſlative council gre chat 


ſhall be eſtabliſhed in lieu of an aſſembly, that the legi(- 


ative 


the number of the members thereof may be council 


fixed and certain, inſtead of being liable to may con- 


vary between the numbers of ſeyenteen and certain 
twenty-three perſons, as is propoſed in the 2mber of 
preſent bill; and likewiſe, that the faid coun- inftead of 
cil may be made as numerous as conveniently char may 
may be, to the end, that it may contain within be varied 
it perſons acquainted with Fey part of the . 
province, and the intereſts of the inhabitants 
reſiding in the ſame, and that their acts and 
reſolutions may be, for the moſt part, agree- 

able to the ſentiments of the body of the people 

over whom they are to preſide. And, with 

reſpect to this point, we beg leave to repre- 

ſent, that it is 85 opinion of ſome of the moſt 


judicious and reſpectable of our friends and 
correſpondents in the ſaid province, that it And der 
120 Rr | . ſuggeſt 
would be * to find. thirty-one perſons that their 
amongſt the Britiſh and other proteſtant in- unf be 
habitants of the ur. : capable. of be- thirty- ne 
ing uſeful members of ſuch a council. 
And we further beg leave to repreſent, that "72 


= 


in caſe ſuch, a legiſlative council ſhould be that a ma- 


_ eſtabliſhed, it is our earneſt defire that pro- {ho 


—_ ant counſellors 


vito may be made ig the ſaid, bill, that a nant. 
| 2 


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may be 
made ne- 
ceſſary to 
the tran- 
ſacting of | | 17 
buſineſs. of the whole body, as, for example, five or 
ſix perſons, ſhall occaſionally exerciſe the great 
powers veſted in the whole, and make laws 
and ordinances that ſhall bind all the inhabi- 
tants of the province; which, we humbly 
conceive, would be highly inexpedient and 


And that 
the mem- 
bers may 
be paid for 
their at- 
tendance 


at the 


council, a 


certain 


ſum of 
money for 
_ every at- 
tendance. 


Faw] 


certain number of the members of the fame 


ſhall be neceſſary to tranſact buſineſs ; without 
which it may happen, that a very ſmall part 


unbecoming, and cauſe great uneaſineſs in the 
ſaid province, And we are humbly of opinion, 


that the number thus made neceffary to the 
exerciſe of theſe high legiſlative powers, ought 
to be more than half the whole number of the 


members of ſuch council. 


And we further beg leave to ſuggeſt it as 
our opinion concerning this legiſlative council, 
that it would be expedient that the members 


thereof ſhould receive ſome reaſonable reward 
out of the publick revenue of the province, 
for every attendarſce at the meetings of the 


ſaid council on the legiſlative buſinefs of the 
ſaid province, fufficient, at leaſt, to defray the 
expences of travelling to the place where the 


ſaid meetings ſhall be held, and of reſiding 
there during the time of the ſaid meetings; 


to the end, that at all the meetings of the faid 
council, there may be a very full attendance” 
ho may concur in exerciſing 
the ſaid high authority; without which, the 


of counſellors, w 


ordinances they ſhall paſs will not be very 


likely to obtain the reverence due to them 


5 from 


" 


[ 221 J. 


from the people, x nor meet with a  chearful | 
obedience. 1 


But above all, we beg Jeans! 550 . our And that 


moſt earneſt hopes and deſires; that the eſta- . 


council 


bliſhment of the ſaid legiſſative council (if it 5m 
ſhall be reſolved that ſuch a one ſhall be eſta- for only a 
bliſhed,) may be only for a ſmall number of — 
years, to the end, that, in caſe it ſhall here- years, 40 
after appear t his majeſty, that the ſituation Þ*, = 
and circumſtances of the ſaid province will province 
admit of the ſummoning a general aſſembly of — =” 
the freeholders of the — we may at laſt governed 
reap the benefit of his moſt gracious promiſe ſembly. © 
to us in his proclamation and commiſſions 
above - mentioned, that we ſhould be governed 
in the uſual and approved method of his ma- 
jeſty s other colonies in America, by a gover- 
nour, council, and aſſembly. 

We therefore humbly hope, that the ho- 
nourable houſe of commons will take our caſe 
into conſideration, and permit us to be heard 
by our council at the bar of their houſe, to 
the ſeveral heads mentioned in this ſtate of it, 
and to ſuch other parts of the bill now before 
them, as we that apprehend ourſelves, to be 
concerned in intereſt to obje& to, either on 
our own account, or in the behalf of our cor- 
reſpondents and friends, the Old Britiſh ſub- 
jets of the crown now reſiding in the faid 
province. And we have a firm reliance on 
the wiſdom and juſtice of this honourable 
houſe, the repreſentatives of the Commans of 


Great- 


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upon all the matters contained in this c 


and liberties, as Britiſh ſubjects, who. 


Great-Britain, for a ſatisfactory determination 
and upon the other points which may. be ſub- 


mitted to their conſideration by our counſel at 
their bar, and for the protection of our rights 


acted, under the ſanction of his majeſty's _ 
proclamation above-mentionee. 


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Ihe proceedings in parliament upon the bill 
for regulating the government of the province. 
of Quebeck are ſo recent, that all thoſe who 


were preſent at them muſt needs remember 


them. But, as both houſes of parliament 
were but thinly attended at that time, (the 
greateſt number in the houſe of Commons, 
upon any diviſion, having been only about 
130,) it will be neceſſary 3 greater part 
of the members of the preſent parliament, who. 
ſhall defire to be acquainted with the hiſtory, 
of that bill, to have recourſe to ſome written, 
account of it. And for this purpoſe it may 
be convenient for them to . conſult ' the NEW. 
collection of debates in parliament publiſhed 
by Mr. Almon, and intended 43-4 ſuppl W 
to Chandler's collection, as the. laſt volume of 

that new collection comes down to the end. af 
the. laſt ſeſſion, of, parliament, and giyes.4 
pretty full account of thoſe, Fre Se 

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[ 223 ] 

This account I would gladly reprint in this 
place, to ſave my readers the trouble of this A, 
reference to that ollection: but there is not | 
time for it. However; in order in ſome de- 
gree to ſupply this defect, I hall here infert 


a ſhort account of the principal points that 
ace debated upon that occaſion, which I ſent 


in a letter to ſome of my conſtituents in tlie pro- 


vince of Quebeck in the courſe of laſt fummer, 
to acquaint ther not only with the fate of their 
petition for àn aſſembly, which they had em- 


ployed me to preſent to his majeſty, but with 


the manner in which the new plan of regula- 
tion, that was adopted in its ſtead, had been 
received and conducted i in ee This 8 
letter I is e Fin 


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| Inner Temple Amy. 26, 1774 
+? 0 „Gentlemen, ET + 4 5 + x &t tit 13 


„re hat you haue ex refed A 
deſire to receive an. anſwer to tlie letter 
« with Which yo honoured me laſt winter 
* concerning your petition for an houſe of 
e affernbly;. and: vou have been ſurprized 4 
« at my not ſending one. I may perhaps have 
been. wanting in reſpect to vou upon that 
« occaſion: and, if I have, I beg your pardon 
« for it : but che true reaſon of my not writ> 
c ing was becauſe I conſidered the anſwer I 
* N en to the committee at Quebeck 9 
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[: 344. } 


| . Was a pretty full one, and of which 1 Pepe 


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with ſend you a copy,) as an anſwer to 
“ both committees, which. I ſuppoſed to cor- 
* reſpond together, and to communicate to 
each other all the papers they either ſent or 
* received concerning the matter of their ap- 
« plication to the 22 Since my writing 
< that anſwer. an act of parliament has been 
e paſſed which ſeems to put an end to all 
** hopes of ſucceſs in your endeayours to ob- 
* tain an afſembly, having erected a legiſla- 


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* tive, council. in its ſtead, without. any li- 
= mitation, of time, and enlarged the pro 


6 yance to ſuch a degree as to make an aſſem- 
% bly an impracticable method of govern- 
« ment. The merchants .of London who 
« were concerned in the Quebeck trade, pe- 
«« titioned the Houſe of Commons againſt this 
%% act, but without ſucceſs; and the city of 
« London addreſſed his majeſty to 150d. = 
« royal aſſent to it, to as little pu 

66 pr $10 and annuls the king's: ow C 
«« of OQober,.1763, with reſpect to 5 
* vince of Quebeck; and gives the ;popiſh 
«< prieſts a legal right to their tythes from all 
« Roman-Catholicks, which Sir Jeffery Am- 


. 


«© herſt had refuſed them. at the capitulation: 


This is diſapproved of by great numbers of 
« diſpaſſionate; people here, as going _— 
« a toleration of the-popiſh religion, | 


* a great meaſure, eſtabliſhing it, hy im iet 


« a tax of the twen * th buſhel 
66 upon ; 


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upon forty-nine landholders out of fifty 
for the maintenance of prieſts to teach it. 
At the ſame time the act makes no provi- 
ſion for the teaching the proteſtant religion, 
but only impowers the king to do ſo out of 
the . due from proteſtant land- hold- 
ers, if he ſhall fo pleaſe. So that, upon the 
whole, the act ſeems likely to perpetuate 
the Roman-Catholick religion, rather than 
gradually to introduce the proteſtant. In 
ſhort, it has appeared in ſo bad a light ta 
the lovers of liberty and the proteſtant 
religion, that the duke of - Glouceſter, 
(though remarkable for the moderation of 
his conduct and his general diſpoſition to 
comply with the king's pkaſure,) thought 
fit to vote againſt it. 
As I had prepared a draught of an act of 
parliament for eſtabliſhing a legiſlative 
council in the province of Quebeck, I am 
prehenſive that, from the fimilitude of 
k names, I may be thought to approve of 
the legiſlative council eſtabliſhed by this 
act, and perhaps to have contributed to- 
wards its being eſtabliſhed ;_ whereas in 
truth I utterly diſapprove it, * have done 
all that lay in my little power to prevent 
its paſſing. I therefore beg leave to point 
out to you the difference between the le- 
giſlative council which I had propoſed and 
that which is eſtabliſhed by this act. In 
the firſt place, 10 which I had propoſed 


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[ 226 J 


was to have been only for ſeven years, tte; 
which I hoped it might be found practicable 

to have an afſembly----this, which is eſta- 
bliſhed by the act, is without limitation of 
time; ſo that the accompliſhment of the 
king's promiſe in his proclamation, to 
ſummon an aſſembly as ſoon as the ſitu- 
ation and circumſtances of the province 
will permit, is removed quite out of ſight. 


Secondly, the former legiſlative council was 


to conſiſt only of proteſtants; becauſe, if 
papiſts are fit to be members of ſuch a 
council, they muſt likewiſe be fit to be 
aſſembly- men; and in that caſe there is no 


pretence for not calling an aſſembly at pre- 
ſent, agreeably to the king's promiſe in his 


proclamation. But this legiſlative council 
may conſiſt of either proteſtants or papiſts : 
nay, they may be all papiſts, and even popiſh 
prieſts, for aught that is enacted to the 
contrary in this act. Thirdly, The former 
legiſlative council was for the old province 
of Quebeck only, which is of a ſize capable 
of being governed by an aſſembly; by 
which means the introduction of that con- 
ſtitutional mode of government in ſome 
years hence was kept in view, in caſe the 
number of proteſtants ſhould ſufficiently 
increaſe in the province to make it proper; 
whereas this legiſlative council is inveſted 


with authority over a country too extenſive 


to be — 30 an aſſembly, if the in- 


« habitants 


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habitants of it ſhould all be proteſtants; 
which gives room to apprehend that the 
whole deſign of ever having an aſſembly is 


laid aſide. Fourthly, The former legiſla- 


tive council was to conſiſt of thirty-one 
members, of whom ſeventeen were to be 
neceſſary to make a board. This may con- 
ſiſt of only ſeventeen members, of whom 
nine may make a board. Fifthly, In the 
former legiſlative council the members were 
to be wholly independent of the governour, 
neither liable to be removed nor ſuſpended 


by him, but only by the king; but in this 
act there is nothing to prevent the King 
from communicating to his governour a 


5 


power of ſuſpending or removing the mem- 


bers of this council at his pleaſure, Sixthly, 


In the former legiſlative council the mem 
bers were to haye been paid for their at- 


tendance; which was done with a view to 


are a full attendance, and thereby to 
give weight and dignity to the ordinances 

they;ſhquld make: but in the preſent. le- 
giſlative council the members are not to be 


” - 


paid, and therefore will not perhaps attend. 


* 


in conſiderable numbers, but will leave the 


— 


offices in the government, or Who are 


buſineſs to be tranſacted by thoſe who have 


ecke dete dcn Lenden on the gor. 
nour, and diſpoſed to be ſubſervient to his, 


pleaſure. There is certainly ſome danger, 


of an inconvenience of this kind, though I 


Gg 2 © © heartily 


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4 heartily with the event may ſhew it to be 


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two legiflative' councils will, I hope, acquit 
me in your opinions, gentlemen, of the 
{© buted to the eſtablithment of that which is 
ne c OR Ty 

Lou will further obferve that this act 
revives the whole French law, in the lump, 
concerning civil matters: the words of the 
act are, concerning matters of | property and 
« civil rights. It was objected to this clauſe 


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in the Houſe of Commons (where alone 
this act met with a full diſcuſſion, having 
5 paſſed the Houſe of Lords, as I have been 


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aſſured, almoſt without oppoſition, and as 
a matter of courſe, and without calling any 
** witnefles to ſupport the N 
© which the bill was grounded, ) that by it 
* the Engliſh laws concerning perſonal li- 
„ berty and the writ of Habeas Corpus were 
** aboliſhed, and the French practice of im- 


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2 5 ſubjects at the king's pleaſure by 
e 


letters de cachet, or orders under the king's 


« lawful. Mr. Dunning declared it to be 


« a ſays that in all matters of property and 
« civil rights reſort ſhall be had to the laws 
* of Canada, and not to the laws of Eng- 

n * 


very ſmall. Theſe differences between the 


ſuſpicion of having in any degree contri- 


hand and ſeal, without aſſigning any cauſe 
* for ſuch impriſonment, would become 


* his opinion that it would be ſo: for that, 
«« as perſonal liberty is a civil right; and the 


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land, it muſt follow that, if 4 man was 


deprived of his liberty by a lettre de tacher, 
and his friends were to "ph to the chief 


juſtice for his diſcharge, the chief juſtice 


would be bound to anſwer that, as this was 
a matter concerning a eivil right, he muſt 
proceed by the laws of Canada, which 


afforded a man no relief when he was im- 


priſoned by the king's lertre de curbe. 
« Tt was — moved that à ſhort 


clauſe to introduce the En e law con- 


cerning the writ of Habeas us for che 
recovery of perſonal 18h): - ſhould be 


 inferted in the act. But the miniſtry « . 


poſted it, and threw it out, notwithſtanding ®# * 
they declared they had no thought of in- 
troducing the practice of iffuing /ettres de 
cachet. © This feemed very ſtrange to many 

people, 1 a clauſt᷑ of this kind was 


uo only neceſſary to the honour of the 


crown, to fulfil, in a very important ar- 
ticle, the king's promiſ miſe to his Britiſn ſub- 


jects in the proclamation of October, 1763, 


of the enjoyment of the benefit of the 


laws of England, but muſt likewiſe have 
been agreeable to the Canadians, out of 


tenderneſs to whom this revival of the 
French laws in civil matters is ſaid by the 
patrons of this act to have been made. For 
it cannot be ſuppoſed that they would be 


© averſe to ſo excellent a method of pro- 
n their perſonal liberty. 


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Further, it was objected in the Houſe 
of Commons to the ſame clauſe concerning 
the revival of the French law upon, all 
matters of property and civil rights, . that it 


b. 230 


takes away the trial by jury in all thoſe caſes. 
And it was ahereupon propoſed that a clauſe 
ſhould be inſerted in the bill for preſerving 


© the trial by jury in civil matters as well as 


in criminal, at leaſt upon the; footing it 


has been upon in the Court of Common 
«© Pleas in that province ever, ſince th e eſta- 


5 bliſhment of the civil government, of an | 
option in either of the bs pa arties to have the 


cauſe tried by a jury, if they ſo, thought fit. 


that in the preſent caſe this op ad been 
allowed for ten years, 2 — to be 


66 2 


agreeable to the Canadians; A many. 
of them had. made uſe of it, in cauſes of 


to decide the matter in diſpute, rather than 


leave it wholly to the determination of the 
judges. For it had been teſtified at the bar 
of the houſe by ſeveral witneſſes that, in 


cauſes of that kind, the Canadians had 


oftener choſe to have a jury than not. It was 
further ſaid in behalf of ks motion for an 


optional jury, that it was highly neceſſary. 


for the ſatisfaction of the Briti 0 
of the province, and was a a moſt eſſential 
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Þ 231 1 


pa of thoſe benefits of the laws of Eng- 
d which the king had promiſed to grant 


ſtanding © theſe arguments, (to which no 
anſwers, or very {light 8 were given,) 
the motion was rejected. 855 

„Mr. Hey, the chief Juſtice of the pro- 
vince, was very inſtrumental in preventing 
the French law from being revived upon 
criminal matters as well as civil. In that 
point he has ſucceeded ſo far as to obtain a 
continuance of the Engliſh law upon that 
ſubject in all its extent: which, I preſume, 
will be conſidered as a great ſervice to the 
province, and more elpecrally to the Britiſh 
inhabitants of it. 

] am in hopes that your new legiſlative 
council will reſtore to you the writ of 
Habeas Corpus, and the trial by jury in civil 
caſes, when the parties deſire it, or, at 
leaſt, when the judge thinks it proper, by 
an ordinance for that purpoſe. ' But it 


would certainly have been more ſatisfacto 


to have had them eſtabliſhed by the late 
act of parliament. + 


« I greatly ſuſpect that this act of Fanz 


ment will not be agreeable even to the 


Canadians, when they come to examine it 
carefully and underſtand it thoroughly. 
For, in the article of religion, I dare ſay 
many of them will think they were full as 
happily circumſtanced before, when hat 
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[ 232 ] ; 
« had a moſt compleat toleration of their 


U * manner of worſhip, but without a com- 1 
1 « pulſive obligation to pay the prieſts their * 
' « tythes, as now that this act has been ſo . 
5 Kind as to impoſe that obligation upon them. 1 
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5 * am perſuaded they will find themſelves 5 
«« greatly diſappointed. For in a memorial ; 
4 « which accompanied their laſt petition, and ; 
by « which, together with the petition, was laid 
1 ce before the Houſe of Commons, they deſire ; 
i} ce to have a legiſlative council rather than an 
4: te aſſembly only for a few years, till the pro- | 
{A «£ vince ſhall be able to pay the taxes neceſſary 
3 c for the ſupport of the civil government; 
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1 6 ſuppoſe that they ſhall be obliged to pay 
te them as ſoon as an aſſembly is eſtabliſhed, 


«© but not before: ſo that their deſire of be- 
« ing governed by a legiſlative council is 
c grounded on the ſuppoſition that in that 
e caſe they ſhall pay no, taxes. But now 
« they will find bo they may be taxed, 
c though they have no aſſembly. For an- 
<< other act of parliament has been paſſed at 
the ſame time with this, for impoſing certain 

| duties 


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duties in tlle f province; ; - which, thou gh they 
are, I bene very moderate and judicious, 
will certainly be diſa recable to them, Who 
made that ſtrang reference of a le iſlative 
council to an aſſembly merely for the ſake 
of avoiding them. Mr. de L.Scbäniere is 
extremely diſpleaſed with this legiſlative 
council, and calls it a moſt deſpotick in- 
ſtrument of government. He ſays ex- 
preſsly that, bf the two, he "ſhould leſs _ 
diſlike an . afſembly of proteſtants only, 


agreeably to the king's commiſſion. And 


truly, upon the whiole, I believe that would 


have dern thee beſt method of governing the 
province, while it remained of its former 
moderate magnitude, and even fill, while 


the remote parts of it continue uninhabited. | 
And I am not without hopes that, after 


ſome trial of this new legiſlative dpüncil, 


the Canadians themiſelves will come to be 
of the ſame opinion with Monſieur de Lot- 
biniere, that a proteſtant aſſembly is a better 
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d that they will join with 


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the Britiſh  nlkabitagts in 4 petition to have, 


one eſtabliſhed. Sucli a petition would, 1 


dare ſay; be complied with; more eſpe- 

cially if it contaited an acknowledgment of 
the ſupreme authority of parliament, and a 
declaration of their willn gneſs to conſent 
to any teſt that ſhould be thought neceſary 


to be impoſed upon the members of ſuch 


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future aſſembly, WR their ſenſe, of | 


its ſubordination to the authority of parlia- 
ment, and their readineſs to obey bi 

of parliament without exception or reſerve. 
This J believe to be the only way by which. 
you are likely to obtain the eſtabliſhment of 
an aſſembly. . I am informed that the pro- 
vince of Maryland has been governed in 
this manner by an aſſembl * 

only, ever ſince its firſt 1 not- 
Field une the majority of the inhabi- 


tants have been Roman-Catholicks, and 


are fo ſtill, though not in ſo great a pro- 


— 


portion as formerly. And yet no diſturb- 


ance has happened there from the jealouſy, + 


or diſſatisfaction of the Roman-Catholicks 
at being excluded from the aſſembly: but, 
on the contrary, they have 1 the 
care of their intereſts to their proteſtant 
neighbours with pleaſure, and alacrity, 
knowing that the temporal intereſts of the 
proteſtants in the province were the ſame. 
with their own, and that the proteſtants 
would be more likely, (from the leſs con- 
fined genius of their religion, their fewer 
faſts and holidays, leſs Potion to the 
prieſthood, better education, and greater 
degree of knowledge,) to take good care of 
them than they ſhould „ en And, 


if Britons born, and the deſcendants of 
Britons born, who have never acknow- 


ledged any temporal ſovereign but the king 


ce of 
2 8 


proteſtants 


| acts, 


k 


i, 235 - 


a of England, have not thought it a hardſhip 

to be ercluded from the afſembly of "Mary- 

land on account of the unhappy principles 

6 of their religion, which made them ſubjet 

6 to the foreign juriſdiction of the biſhop of a 

Rome in ſpirituals;” it ſurely ought not to 
be thought ſo by the Canadians, who were 

e folately the ſubjects of the king of France, 

and in arms for many years together againft 

* the crown of England. by — Catholicks 

**; might be permitted to el not to 
. ba ee members of the — and 

* that would give them a ſufficient, and a 
« very conſiderable, influence in the govern- — 
* ment. I heartily with that you may per- 

** ſuade many of the Canadians to be of the 
* ſame opinion with Mr. de Lotbiniére upon 
e this ſubje&, and to Join with you in ex- 
“ preſſing a deſire to be aue by a pro- 
bl teftane : aſſembly rather than by this legifla- 
* tive council, and in — the 
6s ſupreme authority of patliament : and then, 
I doubt not, your requeſt will de complied 
G] H_ but not otherwiſe. 1 

„The news- pa and other prints wi 

inform you Del the pro- 
ceedings of the Houſe of Commons upon 
« this bill; in which Mr. Mackworth, Mr. 
« Dunning, Mr. Thomas Townſhend, jun. 
«« colonel” Barre, governour Johnſtone, Mr. 
„ Dempſter, and Mr. Edmund Burke, exerted 
* themſelves moſt in oppoſition to the bill, 

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[ 236 ] 

e and did procure ſome conſiderable amend- 
« ments to be made to it. And the fame 
** papers will likewiſe ſhew you how much 
e the bill has been diſliked by the people at 
* large, by the number of letters writ againſt 
« it for the ſpace of more than two months 
* together. There are, however, two clauſes 
e in the bill, (beſides that above- mentioned 
for continuing the laws of England in the 
*© province upon criminal matters,) which x 
* preſume will be agreeable to the age 
e of the inhabitants of the province, of both 
* nations. Theſe are, a clauſe to impower 
«c perſons poſſeſſed either of land or 'perſonal 
«« eſtate to diſpoſe of them as they think pro 
per, by their laſt, will and teſtament, and 
e the clauſe which prohibits the legiſlative 
council from impoſing any duties or taxes; 
* though there they have added an exception 
*© which ſome perſons will be apt to think too 
* large. And the clauſe which revives the 
© laws of Canada on civil matters is generally 
« thought to be reaſonable enough ſo far as it 
«« relates only to the tenures af land, the 
« mode of conyeying it, and the rules of 
% dower and inheritance, (which ſeem ne- 
«« ceſſary to the family peace of the Canadi - 
Jans, ) but is blamed only for its very gteat 
extent, by means of the words, in-matters 
4 of property and civil rights, by vrhich the 
F writ of Haheas Corpus, and the right of 10 
£7 e 1 ee 


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* 


[ 2 ] 


* ing a trial by jury in actions of falſe im- 
66 priſonment, battery, and ſlander, and: for 
other injuries, are thought to be taken 
C away, and a heap of Bench laws upon 
By *« theſe and other ſubjects introduced in their 
t ſtead, which our judges neither do know 
« nor are likely to know, and therefore will 
— e not be well able to adminiſter. This di- 
« ſtinction was mentioned in the printed caſe 
te of the merchants trading to Quebeck, which 
« was diſtributed to Ne members of both 
* houſes of parliament, and of which I am 
informed ſome copies have. been ſent into 
«© Canada: and ſeveral of the gentlemen who 
ſpoke in oppoſition to the bill made uſe of 
t this diſtinction in * their ſpeeches, and ex- 
4 preſſed a readineſs to conſent to a revival o 
*© ſo much of the former French laws as re- 
© lated to the tenures, conveyances and in- 
* heritance of land: but wiſned that in other 
«*« matters, in which the revival of the French 
laws did not ſeem to be neceſſary to the 
<« happineſs of the Canadians, the Engliſh 
«« lawys might continue to be obſerved, as this 
« would gradually tend to produce an union 
* of manners and affections between the two 
<- nations. Theſe are the principal obſerva- 
e tions that have occurred to me concernin 
« this act of parliament and the fate of your 
<<. petition for an aſſembly, as worthy of your 
notice and attention. And rg 79 
Ne nora chem 


— 
A 


PLAY 
. 


4 


„ them 1 ſhall conclude this long, and, Tear, 
« tedious epiſtle. I remain, gentlemen,/; 


„ % © 7 


c Your moſt obedient and humble ſervant 
« F RANCIS MASERES * 


P. S. 1 beg you world cet this Wite? 
* or-n copy BP . e de to the com- 


«x ' mittee of the diſtrict of hl 


This letter did x not arrive in ** province of 
Quebeck till after the proteſtant ſettlers in it, 
upon the general alarm ſpread amongft them 
by the receipt of the iv act of parliament, 
had had freſh meetings together in order to 


conſult about petitions for the repeal or amend» 
ment of 1 at, and had even prepared and ſent over © 


to England the three following petitions to the 


king and the two houſes of parliament for that 


poſe, with directions to Mr. Maſeres, 


whom they now e their 


agent, ) to deliver them. I wero 


petitions 
received by Mr. Maſeres about the 12th; or 


13th of laſt January, z775 and the firſt of 


them, that to the king's majeſty, was delivered 


by him to the earl 5 Dartmouth, his ma- 
jeſty's ſecretary of {tate for America, on the 
18th of the ſame month ; and thoſe to the 

Oe 


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It 239 J. 


Houſe of "PR and Houſe of Commons were 
ſome time after delivered to the lord Cainden 
and Sir George Savile, who, approving che 
W of them. undertook ta preſent them 

their Mreſpecave houſes of n, 
Theſe men are as — {is 


"MF To the King J moſt 1 Majeſty. 5 
" The Petition of your Maj jeſty's moſt loyal 


and dutiful your ancient gubjects ſettled 


"" in the Province of Quebeck, 


9 Moſt humbly ſheweth, 


„Tan we agen the fut of your fe 
« cred maſe oyal N n, 
IS bearing date e en day of October, 


« which was in the year of * 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 
e apriculture, whereby the value of the land 
« and wealth of its inhabitants are more than. 


c 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, 
* 45 aff for the making more effecFual provifien 
. for 


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for the goveriiment of the province of Nuebect 
* in North- America,” we are deprived of 'the- 
franchiſes granted by your majeſty's foyal 
predeceſſors, and by us inherited from our 
* forefathers ; that we have loſt the protec- 


tion 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 rugnous 
to our properties, as we + AI loſe the 


invaluable privilege - of trials by juries. 


That in matters of a criminal nature-the. 


habeas corpus act is diflolved, and we are 
ſubjected to arbitrary fines and impriſon- 
ment at the will of the governour and 
council, who may at we a render, the. 
certainty of the criminal laws of no effect, 


by the great power that is granted to them 


of making alterations in the ſame. _. 
« We therefore moſt humbly implore your 
majeſty to take our unhappy ſtate into your 
royal conſideration, and grant us ſuch relief 
as your majeſty in your royal wiſdom ſhall. 
think meet. 1 5 


And your pttitioners, as in duty bound, 


* 


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Quebeck, 12th Nov. 1 774. 50 


& will ever pray. 


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[ 246 ] 


William en. | 


Robert M<Cay, 
James Robinſon, 
Jean Bernard, 
9 37 Lazarus David, 
P . Bouthillier, 
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To the Lords Soicitaal 4 Temporal i in 
Parliament aſſembled. 


The Petition of his Majeſty's loy al and 
dutiful his ancient Subjects ſettled 3 in the 
cc er, of Quebeck, 


* lambiy ſheweth, 


HAT ſince the commencement of 

civil government in this province, 
your lordfhips' humble . under 
the protection of Engliſh laws granted us 
by his ſacred majeſty's Sond proclamation, 
| bearing dale the ſeventh day of October, 


« which 


T 247 1 


« which Was if the e year”, vf our Lord one 
« thouſand ſeven hundred and fixty-three, 
4 have. been encouraged. to adventure their 
4 properties in trade, eſtates and agriculture, 
to a very confiderable amount, thereby 
rendering the province. a yaluable ac 75 
« ſition to Great-Britain : That, to t 

«« inexpreſſible grief, they find, by an act of 
«« parhament intitled, An act for making 
more Hectual proviſion for the government of 

« the province of” Qyebeck in North- America,” 
they are deprived of the habeas corpus act 
4 js + trial 55 juries, are ſubjected to arbi- 
4M * fines ? 07 impriſonment, and liable to 

% be tried both. in civil cafes and matters of 
«« a criminal nature, not by known and per- 
«© manent laws, but by ordinances and edicts 
which the governour and council are im- 
powered to make void at their will and 

«« pleaſure, which muſt render our perſons 

« and properties inſecure, and has already 

% deeply wounded the credit of the country, 
and corifined our views in trade to very 
«© narrow limits. 

In this "cruel" ſtate of apprehenſion and 
uncertainty; We humbly implore your 
« lordſfups Ne urable interpoſition, as the 
" hevedieny nardians of the rights of the 
people, That the aid act may be repealed 
« or amende ed, an id that your humble peti- 
* tioners may wo their conſtitutional rights, 


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privileges, and franchiſes here e 
* toall bis majeſy's dafl ge Bed) 


Rf, 


cc And your petitioners, f as in duty bound, 5 
„ ever pray. | 


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L. Smith, 
John Saul, 
Francis Anderſon, 
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Läemuel Bowles, 
Thomas Davidſon, 
Patrick O Donell, 
e Archibald Lawford, 
| | Simon Fraſer, junior, 
* Richard Vincent, | 
. — 5 Daniel 


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Roderick M Leod, 

John Bondfield, 

William Callander, 
Thomas M“ Murray, 

Allan Paterſon, 
Abram Holmes, 

James Symington, 

Joſeph Bindon, 
Andrew Hays, 3 
John Neagle, 


Peter „ | 
Daniel Robertſon, 
Alexander Milmine, 
Thomas Fraſer, 

A. Porteous, 

Joſeph Ingo, 

George Singleton, 

Adam Scott, 

John Stonhouſe, 
John Kay, 

David Saleſby Franks, 
John Richardſon, j junior, 
James Finlay, 

Pat. M Clement, 
James Leach, 
Ezekiel Solomons, 
James Perry, 

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« Britain in Parliament afſembled. 


The humble Petition and Memorial of | his 


*© Majeſty's ancient Subjects the Seigneurs, 
6 Freeholders, Merchants, Traders, and 


others ſettled. in his Majeſty's Province 


* of Quebeck, 


c 


Q 


Sheweth, 1 3 
HAT, under the ſanction of his ma- 


jeity's royal proclamation, bearing 


date the feventh day of October, in the 


year of our Lord one thouſand ſeven hun- 


dred and ſixty-three, which graciouſly pro- 
miſes to all perſons inhabiting in, or reſort- 
ing to, this province, his royal protection 
for the enjoyment of the benefit of the 
laws of the realm of England, until aſ- 
ſemblies ſhould be called therein, they did 
come and ſettle themſelves in this province, 


having entruſted their own properties, as 


well as very conſiderable ſums of their 
friends, in goods and merchandize, from 


Great- Britain, and entruſted the ſame into 
the hands of the Canadians, as well for the 
1 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, 
| „ 


'[ *#85 7). 
and been employed i in agriculture, and the 


exportation of grain and other produce to 


foreign markets, to the great benefit and 
emolument of the ſaid Province, which 
© has flouriſhed chiefly by the induſtry and 


enterpriſing ſpirit of tho ſaid ſubjects, ho, 


under the protection of Britiftylaws, and by 
the aſſiſtance of annual ſupplies of Brivith 
"manufactures, and other goods and mer- 
chandize obtained upon credit from the 
merchants of Great- Britain, have been en- 
abled to carry on at leaft four parts ini 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 <6un- 
hs? rogue and for the more convenient 
0 ing on the ſaid trade and commerce, 
they have built wharfs and ſtore-houſes at 


a very great expence, inſomuch that the 


roperty, real and perſonal, now in Britiſh 
Jen ov or by them entruſted” to Canadians 
« at a long credit, is one half of the whole 
„value of the province, excluſive of the 


6 wealth of the different communities; which. 
your petitioners have in part ſet forth in 


«« the humble petition to his moſt excellent 
0 majeſt; „dated at Quebeck the thirty-firſt 
day o December, which was in the year 
% of our Lord one thouſand ſeven hundred 
and ſeventy- three; humbly praying, that 


ot he would be ha pleaſed to require. 


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© his governour or commander. ade ; 
*. call a general aſſembly, in ſuch manner, 


and of ſuch conſtitution and form, as to 


« his majeſty's royal wiſdom ſhould ſeem beſt 


adapted to ſecure the peace, welfare, and 
| + ot gavernment of this province. Where- 


e fore with deep concern they. obſerve, that 


* 1N certain examinations taken before your 
t honourable houſe, the Britiſh ſubjects here 
*©'have been groſsly abuſed and — 


ce ſented, as well as to their numbers as in 


< their importance in this province. For the 
number of the new ſubjects has, we hum- 
_ ©© bly conceive, been greatly exaggerated, it 
< being, by the laſt computation, about 
10 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 can- 
<« not immediately aſcertain 3 are diſperſed 


« in the Indian countries carrying on traffick 


« with the fa , beſides the — wang and 
« traders with t big families-ſettled at Detroit 


and its-dependencies, and at the fiſheries | 
et below Quebeck. And whereas an act of 


_ 5. parliament. has lately - paſſed; - intituled, 


* An aft for the making more offediua! proviſion 
% for the government ef the province of Quebec 
in North-America,” which: is: ſaid to have 
been paſſed upon the principles of humanity 


1 ann juſtice, and at the preſſing inſtance and 


« requelt of the new ſubjects, f ignified to his 


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C ns an act o TE which deprives 
« (his majeſtys angzent ſubjects of all their 
bo A rights and franchiſes, deſtroys the Habeas 
Corpus act and the incitimable privileg of 
« trial by juries, the only ſecurity. againſt the 
* 1 of a carrupt judge, and gives un- 
limited power ta the. governour and council 
44 to alter the. erindinal laws; which act has 
, already firuck a damp upon the credit of 
1 the country; mblarmed all your humble - 
| petitioners: with-ithe - juſt apprehenſions of 
* arbitrary fies ànd lu and 
= L ; þ which, 


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Which, if it takes place, will oblige Wen 


« to quit the province, or, in ih end, it 
_ * muſt accompliſh their ruin, and impove h 
« or hurt their generous creditors, tie mer- 
| « chants in Great- Britain, &c. To prevent 
« which, your petitioners moſt kambly pray 
that the ſaid act may be repealed or amend- 
« ed, and that they may have the benefit and 
« protection of the Engliſh laws, in fo far as 
«« relates to perſonal property; and that their 
liberty may be aſcertained according to their 
« ancient conſtitutional rights and rivileges 
* heretofore granted to all his majeſty's duti- 
< 1 a ee throughout the Britiſh mpire. 


And your petitioners, as in in duty bound, 


0 


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T spin ele 
(c „ Queberk, 1 lach Nor 1774. 
* W pr : | © Zachary Macaulay,” * : } 3 


+» John Aitkin, ' n 
6 3 Paterſon, 


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John M<Caord, 

Charles Grant, 
Robert Woolſey, 
+1, Charles Le Marchant, 
+... John Painter, |. 
os bill F] Thomas M Cord, 

Robert Willcocks, 
Iuohn Renaud, 

„ ee i Cramer, 
SGSGoeorge Gregory, 
LTLewis Chaperon, 

FPrederick Petry, 

James Cuming, 

William Laing, 
ST 1 +,» Francis Smith, 
378 Alexander Wallace, 
James Sinclair, 
Iuohn Chiſholm, 
| 12 ++ | James Jeffty, 
: == | Nobert M“Fie, 
F Francis Atkinſon, ' 
| 5 David Shoolbred, N 
+, +. Jonas Clarke Minot, ; 
+ Godfrey King, 
7... George Daviſon, 
nn George King, 
8 * „ 005 f 6 John Lynd, | 
| 3» 4114-155, Caleb Thorne, - | | / 


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George Meaſam, 
Samuel Jacobs, 


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Michael Morin, 
William Kay, 
John Lilly, 
John Sunderland, 
J. Grant, 

James Morriſon, 
David Geddes, 
Samuel Morriſon, 
John Thomſon, 
Alexander Hay, 
James Doig, 


Joſeph Torrey, 


James Dyer White, 

LW: John Bell, | 
Andrew M<Gill, 

Samuel Holmes, 

James Blake, 

James Noel, 

Thomas M“ Murray, 


Allan Paterſon, 


P. Bouthillier, 
Juohn Lees, junior, 
Robert Jackſon, 
Hugh Ritchie, 
Alexander Lawſon, 


' Charles Dailey, 


Edward Manwaring, 
Michael F lanagin, 


ys Melvin, | 


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John Roſs, 

John M<Cluer, 
James Woods, 
Jahn Lees, 

Lemuel Bowles, + 
Thomas Davidſon, 
Patrick O Donell, 
Archibald Lawford, 
Simon Fraſer, junior, 
Richard Vincent, 
Daniel Cameron, 
James Galbraith, 
Roderick M“ Leod, 


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John Bondfeld, © 


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Abram Holmes, 


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James Finlay, 

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James Perry, 

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Lawrence Ermatinger, 

Simon M<Taviſh, 

James Frazer, 

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William Aſhby, 

Benj. Holborn, 

Joſeph Borrel, 

John Connolly, 

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"| 264 |] 

c ne tte Joſiah Bleakley, 
„„ Richard Walker, 
Levy Solomons, 

. Aaron Hart, 

Et. John M<Cord, junior, 

Henry Dunn, : 


I have lately ceſrived from one of my cor- 
reſpondents in the province of Quebeck the 
following copy of a letter that has been cir- 
culated throughout the province to perſuade 
the Canadians to approve the late act of par- 
liament, and to forbear joining with the Bri- 
— inhabitants of the province to ſollicit a 
repeal of it. The author of it is not known, 
vr. is ſu pute be one of the prieſts of the 
Roman-Catholick ſeminary at Quebeck, it 
being a known fact, as my . ndent in- 
forms me, that ſome of the ſtudents at that 
ange pee den ſeveral days in taking 
copies of it, which have been diſperſed over 
all the province. The original letter was 
directed to Mr. Olxy, a French advocate, or 
lawyer, at- , and was delivered at the 
entraneef the market of the upper town of 
Quebeck by a young boy, on the morning of 
the 26th day of December, 1774. One part 
of it mentions a deſign of raiſing a Canadian 
. peat of four or ings hundred men, to be 


--commanded 


f 


AF 


TS 


commanded by Canadian officers, and endea- 
vours to make them e ſuch: A Tin 


7 


2 47 " 31 4 ; 
ww. 


Co opy 9 a Pitch: Leer Grentitel 
in the Province of Quebeck among 
the French or Nene Inhabt- 
_ tants. 5 dug 


( Monſieur, 


4 8 UELQUES Abe er A nous 
indiſpoſer u les derviers actes de 
oo parlement qui I 13855 le gouvernement de 
. * cette province. Ils declament ſürtout contre 


« 'F introduction de la Loi Francoiſe, qu "ls vous 


1 repréſentent comme favoriſant la tyrarinie. 


13 ; 
e Leurs émiſſaires repandent parmi les per; 


3 4 i peu inſtruites, Que nous allons voir 
6 reviyre les lettres de cachet ; — Qu on nous 
<.caleyera, nos biens malgre” hou; Oven 
nous trainera a la guerre, et dans les pri- 
« Ng 3 —Quot nous accablera & 1m} ts; — 
« Que la Juſtice ſera adminiſtree* dune ma- 
« cre, arbitraire; — ue nos Gouverneurs 
1 deſpotiq . 10 Que la Lot Angloiſe 
4 nous cut été plus Hal euſe.— Mals la 
« * fauſſets de 88 imputations, ne fute-t.elle 
pas aux yeux ? D Vati quelque copnexion 


&« entre les loix Fi "rangoiſes et les lettres de Ca- 


Mm 4 chet, 


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[: 260 F 
chet, les priſons, la guerre, les impòts, le 
deſpotiſme des Gouverneurs? Sous cette 
loi à la verite vos proces ne ſeront plus de- 
cides par un corps de jures, ou prefide 
ſouvent lignorance et la partialite. Mais 


* ſera-ce un mal? La Juſtice Angloiſe, eſt- 


elle moins coſiteuſe? Aimeriez-vous que 
vos enfans heritaſſent à T Angloiſe, tout a 
Vaine, rien aux cadets ? — Seriez- vous bien 
aiſe qu'on vous concedat vos terres au taux 
de V Angleterre? Voudriez vous payer .la 
dixme a dixieme gerbe, comme en Angle- 


terre? — La loi Francoiſe, n'eſt-elle. pas plus 


claire, plus ſimple ? — n'eſt-elle pas Ecrite 


dans une langue que vous entende? ?—La loi 


Francoiſe a donc pour vous toute ſorte 
d'avantages: et les Anglois judicieux, (tels 
qu'il sen trouve un grand nombre dans la 
colonie,) conviennent qu on ne pourra nous 
la refuſer avec quite. . 


« Auſſi n eſt-ce pas là le point qui choque 


d'avantage ces citoyens envieux dans les actes 
du parlement dont ils voudroient obtenir la 


reèvocation. Le voici, ce gout, qu'ils vous 


cachent, mais qui ſe defend entre eux. L'un 


de ces actes non-ſculement vous permet le 


libre exercice de la religion Catholique, mais 
1] vous diſpenſe de ſerments qui y ſont con- 
traires, et par-la il vous ouvre une porte 
aux emplois et aux charges de la province. 


Voila ce qui les revolte ! voila ce qui les 
fait. dire dans les papiers publics, Que ct 


cc un 


A 


Tt 267 1 5 


te un adle deteſiable, abominable, qui autoriſe une 
religion ſanguinaire, qui repand par tout I im- 
« prete, les meurtres, la rebellion.” Ces ex- 
ce preſſion violentes nous marquent leur ca- 


4 ractére, et le chagrin qu'ils ont de n'avoir 
« point une afſemblee, dont Ils ſe propoſoient 
* de vous exclurre en exigeant de vous des 
* ſerments que v0tre religion ne vous auroit 
= pas pexmis de preter, comme ils ont fait a 


- 
1 


eſſex deen ener) Londres, Il 3 
| te repreſentent au roy, les 


. © teſtants ſont en aſſez grand nombre en e 
155 province PO 20 etablir une aſſemblée. | Ce 
| Em 


1 


e dur. Je le repete. *Je ne parle que des 
„ Anglois du committe de Montreal et de 
quelques marchands de Quebec qui deman- 

. dent ia reygcation de cet Ae. I faut que 
ces gens-la nous croyent bien bouches ct 
dien aveugles ſur nos propres interets, pour 
nous propoſer de nous oppoſer à un aQe, 
que nous avions demande ; qui a coũté bien 
des ſoins et des ſollicitations aux perſonnes 

1 rf Mr 


Sq 
© Ky 


\ | 
1 
4 [ 
t 5 
C ; | 
| » 
' £ 
' 


þ 
** 


1 268 } 
ceſpectables qui sEtoient charg6es de nos 


8 intercts ; qui nous a été ofroye par notre 


tres gracieux Souverain comme une marque 


de bienveillance toute particuliere; qui a 


eté regu de notre part avec les marques c 
la joye la plus vive et la plus grande recon- 
noiflance, ayant tous figne, il y a peu de 
jours, une adreſſe a fa Majeſté pour lui en 
faire nos remercimens. Ne feroit- ce pas nous 
rendre ridicnles que de nous declarer contre 
un acte qui nous accorde ce que nous deman- 
dions, le libre exercice de nôtre religion, 
uſage de nos anciennes loix, Textenſion des 
limites de n6tre province? — Nos pretendus 
amis nen ont tant d horreur que parce- qu i ils 
trouvent qu il nous eſt trop favorable. 

« Il eſt vrai que ces actes etablifſent un 


imp6t ſur les boiſſons. Mais ny en avoit-il 


as du tems des Frangois ? — Neſt-il pas 
juſte que nous contribuions aux depenſes et 
aux charges de la province ? — Cette taxe, 


n'eſt-elle pas moderce, et aſſiſe ſur les objets 


les moins neceflaires à la vie? 
% Ouvrez dont les yeux, chers Canadiens, 


qui pouvez- vous tre laiſſes ſeduire par des 
ennemis qui veulent vous engager a ſervir la 
haine qu ils vous portent, et a vous faire 


perdre Yaffe&ion de vatre Souverain. 
* Joubliois une de leurs objections. On 
parle de la levee d'un regiment Canadiens. 


On ſe ſert de cette circonſtance pour vous 


dire * en vous forcera A vous enr6ler et a 


* 


| [ 269 J 


e aller faire 14 gue erre au 10 . et, dun bien 
« fait qu on a File pour vous, on vous en 
e fait un objet de terteur. Seroft=ce donc un 
te malheur pour la colonie s y aveit un ré- 
* giment Canadief de quatte A cinq- cens 
0 hommes, dont tbus les officiers ſeroient Ca- 
© nadiens? Cela, ne rendroit- il pas A quan- 
« tits de famille reſpectables un luſtre qui re- 
60 Jailliroit fur toute la colonie? — On augure 
« mal de võtre courage, puiſqu on cherche 2 
*© yous effrayer par Ja, I me reſte bien des 
* choſes 4 dire: mais je ſerois trop long: 
911 Le Canadien Patriote:” 


AS 1 


5 15 eig el. 2 cette lettre brit a Tadreſſe de | 
Monſieur Olry, ayocat de Quebee, et à lui remis 
ſur la marche du marché de la haute ville 


gs un Jeang, enfant le 26 Decembre, I 771. 


— 3 


Trauflation of the foregoing Letter. x 
8 21 et a x 120 | 
«SIR, n 1 

«© GOME bag. W of: this 2 

\Z vince are taking pains to make us diſ- 
4 ſatisfied with the late acts of parliament for 
«« regulating the government of this province. 
$64 They particularly declaim again the re- 
« yival of the French law, which, they tell 
you, is favourable to arbitrary power. Their 
"6 emiſſaries are continually giving out a- 


* by mongſt 


{ 


RR 


etters de cacbet brought into uſe 


to have 
< again ;---That we ſhall have our property 
te taken from us againſt our will - That we 


"2? ſhall be hurried away by force to war and % 


to priſon that we ſhall be ruined.” by 


cc taxes That juſtice Will be adminiſter ed | 
« amongſt us in an arbitrary manner; That 
* our governours will be. our abſolute maſ- 
© ters; and that the laws of England would 


cc 


have been much more for our advantage. 


«« But the falſhood of all theſe charges is as 


* # 


« plain as day-light, --For, what have the 


« French laws to do with letters de cachet, 
« the being hurried by force to priſon or to 
« war, the being taxed, or the abſolute 
« power of the governour ?---It is true indeed 
that according to theſe laws your law-ſuits 
«© will no longer be decided by a. body of 
e jurymen, which is a tribunal in which we 
«© have often ſeen ignorance and partiality 
« preſide. But will that be a misfortune to 


« us?--And is the Engliſh lawleſs expenſive to 


e the ſuitors than the French ?---And ſhould 
ye like to have your children inherit your 
lands according to the Engliſh law, that is, 
all to the eldeſt ſon, and nothing to any of 
e the others ?---And ſhould: ye. like to have 
« your lands granted to you at the high rate 
« of the Engliſh law?---And ſhould ye like 
« to pay your tythes according to the Engliſh 
rate, that is, every tenth ſheaf of corn? 


* 


« And 


1 271 

© And is not the Hl law much clearer 
* and plainer than the Engliſh, and written 
© in a language which you underſtand ?- 
* Surely the French law is better for you in 
every view: and the judicious part of our 
* Engliſh fellow-ſubjects in the province, 
* (of whom there is a great number) agree 
< that the enjoyment of -it could not be re- 
« fuſed us without injuſtice. 

And accordingly the allowance of the 
French laws amongſt us is not the part that 
gives our enyious fellow- ſubjects moſt of- 
er fence in the acts of parliament of which 
they are endeavouring to procure the re- 
« peal. It is another part of thoſe acts, which 
they never ſpeak to you of, but which they 
maintain their diſlike of amongſt them 
*, ſelves. It is this. One of theſe not only 
allows you the free exerciſe of the Romari- 
* Catholick religion; but it goes further, 
and releaſes you from the neceſlity of taking 
for any purpoſe whatſoever certain oaths 
** that were before required by the laws in 
certain caſes, and which were contrary to 
* that religion; and it thereby lays open to 
« you all employments and places of truſt 
«« in the province. This is the thing that 
„ ſhocks theſe En gliſnmen, and makes them 
4 declare in the Sublick.. news- papers thut 
©. 2þe ſaid aft of - parliament is @ deteflable and 
= abomi nable act, that . authoriſes a bloody reli- 
"2 Sion, which * around it, wherever it is 


* „Nn : 


— 


= 4 
: * 
— — — — ors — — 
— i __ — ——— — — 
2 2%. g . 4 r 2 
— — 
* — 8 


* = 


— 


* 
— — 
ES? NED — 


— 


b 
-» 
ET Tra - 
WL. >". tb 
a — & - . — — 2 — — 22 2 


n 
— ICs 
ms Deo 
. 
23 LAS” 


7 _- . 
5 > Cao 


* 
1 
ae Rr BEE So 


Mak. <0: 


* 
— — — * 8 2 
——— — 2 ä 2 . ——- ::)... 
— O = le ns he, 1 x — 


— ney" 


3 
a 


r ES 2 
Sh. ©; ASE 


U 27211 


et propagated, impi ety, murders; and rebellion. 


** fTheſe violent expreſſions pointout to us their 
< true character, and ſhnew ug how dgeply 
ee they have been mortified at not having been 
able to obtain an aſſembly, from which 
Re they had propoled to exclude you: by re 
e quiring you to take certain oaths that ere 
contrary to your religion, in order to your 
admiſſion into. it, as their countrymen have 
«© done in Grenada. By this means they 
* would have been in poſſeſſion of the full 


e power of regulating all your concerns of 


every kind, civil, political, and religious, 


-<, in the manner:they ſhould have thought fit. 


Lou may perceive that this was their deſign 
by only reading the petition they ſent to 
„London. They there repreſent to the king 
e That his majeſtys proteſtant ſubjects in the pro- 
„ wznce are ſufficiently numerous to make it con- 


e venient o ſummon en aſſembly. This, ex- 


* preſſion ſhews them in their true colours. 
A handful of men, whom a beneficial trade 
:< Which they have carried on amongſt us, 
has juſt raiſed from the dirt, for the moſt 
part, wauld fain become our maſters, and 


* reduce you to the moſt miſerable ſlavery; I 


repeat it. Liſpeak, however, only of the 
* committee of Montreal and of; a few mer- 
acc i chants at Quebeck 'w ho Wiſh: to, have the 
late act repealed. Thoſe people muſt ſurely 
( take us to be wonderfully ſtupid, and to- 
* tally blind to our on intereſt, that they 


\ 


venture 


68 venture to r 


complaining of an act of 
« 'we had lately 


coſt the reſpeRable 


7208 


requeſt us to join with them in 


iament which 


ed for; 


---which has 
perſons who had under- 


cc taken the rotection of our intereſt, ſo much 
ſo much ſollicitation to obtain 
« for us which has been granted to us by 


<« pains 


« our molt pracious ſoverei 
* his 


gn as a'mark of 
peculiar kindneſs towards us; and which 


% has been received on our part with all the 


« demonftrations of the moſt lively{joy: 


and 


« gratitude, — having, all of us, but a few 


« days ſince, fi 


&* to thank him for 
not make ourſelves 
we were now to expreſs diſlike of an act 


« which 2 'thing- We had de- 


ts us 


ed an — — to his majeſty 


ealy ridieulous, if 


* fired; - the free exerciſe of our religi 
e the uſe df our ancient laws, Land the ex- 


t tenſion of the boundaries of our” 
* /Thofe* who , 
< friends have conceived ſo 
e rencè ef this act omy beecauſe they think it 
2 * Favours us too much. 
It is true indeed that theſe acts do im oſe 
kes on liquors. 
105. not taxes of the fame kind / in the time of 
-« the French government? 
, reafonable that We ſhould contribute ſome- 
thing towards the publick e. 
And are not the taxes 1 
"ue "1: Oye act moderate in their Quantity.” and 
| =—_ laid 


4 gettin 


province? 


= 


E 


n 


E +34 3.3 


But Were 


We 


5 


province ? 
pretend to be ſo much our 
great an abhor- 


41 } 4s 
We 


ere 


And is it not 


æpenees of the 
mpoſed 


cc 


«c 


ct 
cc 
cc 
cc 
cc 
cc 
cc 
cc 


cc 


66 
cc 
cc 


cc 


pre, 


L 274 J 
laid upon ſuch articles as are leaſt neceſſary 
to our, ſubliſtence ? 


] beſeech you therefore, my dear coun- 
trymen, to open your eyes upon this ſub- 


ject; I mean ſuch of you as may have been 
deceived by the artful miſrepreſentations of 


thoſe who are really your enemies, and who 
are now endeavouring to make you act in 
ſuch a manner as to become yourſelves the 
inſtruments of gratifying that hatred they 


bear you, and ere to loſe the n 


of your ſovereign. 
« ] had almoſt forgot to mention one of 


their ſubjects of complaint. It has been 


reported that a Canadian regiment is to be 
raiſed. - This circumſtance they lay hold 


of to ſpread an alarm amongſt you, by 


telling you that you will be forced to liſt 
yourſelves for ſoldiers in this regiment, and 
go to war in diſtant countries; thus con- 
verting what has been ſollicited for you as 


« a favour and benefit, into an object of ter- 
rour. But ſurely you can never be made 


to think that it would be a misfortune to 
the province to have a regiment of Canadi- 


ans raiſed in it, that ſhould be commanded 
intirely by Canadian officers. Would not 


ſuch a; meaſure reſtore a number of re- 
ſpectable families in the province to a degree 
of ſplendor which would reflect an honour 


upon the whole colony? The perſons who 
Ft to frighten you AY dwelling upon this 


. topick 


[ 275 ] 
04 topick muſt ſurely 1 have but a mean opinion 
of your courage. N 


1 could add many ns things to this 


letter, if I were not afraid of making it 


* too Os. at 
66. The Patriot Canadian.” 


The miginal of this letter was directed to 


Mr. Olry, advocate at Quebeck, and was de- 
livered to him upon the ſteps of the market- 


place in the upper town of Quebeck by a 
young boy: on the 26th m_ of DARE. 1774+ 


* 


. 2 


- The foregoing letter un faggeſts e to us 


the following remarks. 


In the firſt place the letter- writer ſays that 
the Britiſh inhabitants of the province are 


totally miſtaken in ſuppoſing that the French 
law has any connection either with letters 


de cacbet, or arbitrary invaſions of property by 


ee in power, or the being forced to liſt 
r ſoldiers and go to war, or with an arbi- 


trary manner of àdminiſtering juſtice, or with 
the abſolute power of governours. Now, if 
the French law means that ſyſtem of law 
which is commonly practiſed, and univerſally 
ſubmitted to, and acquieſced in, by the people 


böth in France and the French colonies, and 


Vas formerly uſed in the fame manner in Ca- 


nada, it is certain that it has a very cloſe con- 


nection with all theſe things. For letters de 
Nn 2 - cachet 


I ti 24A err it Song tones Bc 
y — a 


} 1 


9 


cachet are a uſed in all the F rence 


dominions without any Ri ar whatſoever 


on the part of the e or * _ 
that any remedy can 


by 


an application to any 3 of i — And 


it is certain that under the French govern- 
ment in Canada the peaſants were forced to 
engage in the militia as ſoldiers whether they 
would or no, and to march to very diſtant 
places, ſuch as Acadia, or Nova Scotia, and 
Fort Du Queſne near the river Ohio, many 


hundreds of miles from their homes, to make. 


war upon the Engliſh or the Indians. 

And with reſpect to the adminiſtration of 
juſtice, it muſt certainly be much more arbi- 
ys or dependent on the pleaſure of perſons 

in power, under the methods preſcribed by 
the French law, than it is under the law of 
England, which directs that the truth of the 
facts in litigation between the parties (upon 
which the whole merits of ninety- nine cauſes 
out of an hundred depend, ) ſhalt be deter- 
mined by a jury. For, as the judges of the 
courts of juſtice are certain fixed perſons who 
under the-French law are known by the con- 
tending parties to have the power of deciding 
their cauſes, they are liable to be applied to 


and ſollicited by them beforehand by every 


means direct and indirect, to determine the 
matter in their favour : whereas a jury, being 
a ſudden and occaſional tribunal erected for the 
decifion of the controverted facts in every ME 

ticular 


9 


ination 


'ricular cauſe, conſiſts of perſons who-cannot 


be known by, the parties beforchand in the 
character of perſons . who: are impowered ta 
decide their cauſes, and: therefore cannot be 
applied to and follicited upon that account. 
And beſides, as the parties have a right to 
challenge thoſe jurymen whom they have 
reaſonable cauſe to ſuſpect of a biaſs in favour 
of their adverſanies, and te cauſe other more 
impartial perſons to be ſuhſtituted in their 
room, the jury that actually tries the cauſe is 
likely to conſiſt of as unbiaſſed and impartial 

perſons as can well be found for the purpoſe : 
o that on. both -theſe- accounts, to wit, the 
incapacity of being applied to and ſollicited 
before-hand by the parties, and the being 
- choſen, as it were, by the conſent of the two 
cContending parties by the removal of all thoſe 
perſons whom either of them has any juſt 


cauſe of ſuſpecting of partiality, a jury is 


much leſs likely to decide a cauſe arbitrarily, 
or according to their own wiſhes and inclina- 
tions without regard ta truth or evidence, 
than a court of judges only, in whom the 
whole power of deciding them is veſted by 
the French law). And laſtly, a court of judges 
only muſt always have a leaning in favour of 
the crown and the governour of the province, 
and other ſueh powerful perſons, againſt ſuitors 
of a lower rank, not only by reaſon of the 
obligations they lie under to them for their 
promotion to their offices, and their depend- 
5 | ance 


2798: J 


ance on them for their continuance in the 
poſſeſſion of them, but alſo on account of 
their daily and friendly intercourſe with thoſe 
men of ſuperiour ſtation, and the private at- 
tachments which that intercourſe muſt ne- 
ceflarily give riſe to. It may therefore be 
juſtly apprehended that juſtice will be more ar- 
bitrarily adminiſtered than it has been hitherto 
in conſequence of the revival of the French law: 
in civil matters by the late act of parliament, 
unleſs the trial by jury is continued in the pro- 
vince either by an ordinance of the provinciatk 
| legiſlature or by an act of parliament. 

And, as to the power of the governour, it 
is evident that the Britiſh inhabitants of the 
province have juſt cauſe to ſay that this act of 
parliament makes that power very great, ſince 

it gives him, in conjunction with a legiſlative 
council conſiſting of 23 perſons, recommended 
for the moſt part by himſelf, (of whom a great 
part hold places of profit under the erown, 
and who, for aught that the act provides to 
the contrary, may be made removeable or 
ſuſpendible at his will and pleaſure, and who, 
in ſhort, are no way calculated to be a check. 
and controul upon Ban but are very depend- 
ent on him,) the power of making laws to 
bind the province. | 

The writer of the foregoidy French letter; F 
when he aſſerts that the French law has no- 
thing to do with letters de cachet, and liſting. 
ſoldiers againſt their will into the army or 


militia, 


279 ] 
militia, and the As ſeems to confine” the 
ſenſe of the words French law to the 
cuſtom of Paris, which was the common law. 
of Canada in the time of the French goyern- 
ment, and which, I believe, does not men- 
tion any of theſe partieulars. But the words 
of the 1 act of parliament are much more 
extenſive. They are not, that in all matters 
of property and civil rights reſort ſhall be had 
to the cuſtom of Paris, but to the las of 
Canada, and that all cauſes, that ſhall hereafter 
be inſtituted- concerning thoſe; ſubjects, ſhall 
be determined according 7 the laws and cuſtoms 
of Canada ; which words ſeem to take i in;cyery 
ſort of cuſtomary practice.uſtd; in the time of 
the French. government by - perſons 1 in autho- 
rity, and recogniged and acquieſced in by the 
people and the courts of juſtice, as things 
againſt. which no legal remedy. was to be had. 
At leaſt there is room to apprehend that theſe 
words may one time or other be ſo, inter- 
preted; and conſequently: the Britiſh inhabi- 
tants of the province are well grounded in 
.exprefling an apprehenſion that theſe. conſe- 
quences may-follow from them. The eflence 
of the F 2 law I have underſtood to be 
contained in theſe eight fignificant” monoſyl- 
lables, Si veut lo roi, ſi veut la loi; That which 
_ the king wills the [law-ordains. ; If it is his 
pleaſure that a man ſhould. be impriſoned in a 
particular caſtle, or fortreſs, or monaſtery, for 
N n of time, he 0 his letter de cache 


5 for 


F 280 ] 


for/the -wepoſs, and the man is taken up 
carried to the place of his confmement by 24 
eornet of horſe with a proper number of 
troopers to ſupport him: and nobody thinks 
of applying to the courts bf juſtice to procute 
his yy ; nor does he himſelf ever venture 
to bring an action of falſe impriſonment againft 
the perſons who executed the letter de cache? 
againſt him, or againſt the governour of the 
caſtle or fortreſs who has detamed him in 
cuſtody. In like manner if che king chuſes 
to bantig a! man to à particular part of France, 
he ſends an order to- Him t6 repair "hither, 
and is - inſtantly Gbeyed. This We have ſen 
done repeatedly; not to-one. man, but to the 
whole parliament of Patis. Theſe therefore 
are practices that are warranted by the French 
law, as it is 'now-underftood and practiſed, 
though they are not fet down in the cuſtom of 
Paris, or perhaps in other French becks of 
municipal law; Þut they are virtually con- 
tained in the ſliort, fundamental, maxim 
above-mentioned. - I know that ſome Freneh 
-gentlemen are apt to contend that all theſe. 
Proceedings are not agreeable tothe French law, 
bn are really breaches of it committed by the 
of the crown which is to great to be 
reßſted. But others of them ingenuouffy 
confeſs that -the foregoing ſhort maxim cofi- 
cerning the king's ſupreme power of altering, 
or ſuperſeding, the ordinary laws of the coun- 
try, is a fundamental maxim of their govern- 
01 - ment. 


{ 238% J 


ment. And the eonſtant practice of the 
French kings, and the univenſa} ſubmiſſion of 
the people of France to the ſeveral exereiſes of 
theſe high powers, not only. without actually 
reſiſting them, but without ſo much as pre- 
tending that they; are illegal, ſhews that the 
| . {peak. according to the truth. Indeed 
the whole difference between theſe tw repre-. 
ſentations of the French laws and government 
is little more than 2 verbel diſtinction ; ſimc 
thoſe, who repreſent theſe high acts af power, 
exerciſed hy the French N as breaches of 
the laws inſtead of legal Practices, yet are 
forced to confels at the ſame. time that the 
courts of juſticę afford no remedies! 4 — 
them. which is, in ſubſtance, ;- 
(however they ma (deny; it in words, ) thay ; 
ey are not 248; cntrary to la. „ 
hen acts of this nature ate committed in 0 
England, the law. affords proper remediee | 
againſt them. The-perſon-who-s.impriſoged == - | 
without legal cauſe; has his writ of haheas 
corpus to procure. his; immediste releaſe and 
his action of falſe; impriſonmont againſtthe 
ſecretary-' of.: ate, or other wrongrdoen by | 
whoſe means he has been imprilance be re- | | 
cover a compenſatiem far the damage be bas 1 
{oltained by his impriſonment, whether! it has 
à long or a ſhort time. And, if, 
by ſubſtituting the French law inſtead of the 
E law in all ger of property and n | 
rights, 


282 J 


rights, theſe remedies for injuries of this kind 
are taken away, (as there ſeems to be much 
_ reaſon to apprehend they are,) the Britiſn in- 
habitants of the 3 are well warranted in 
ſaying that by this revival of the French law 
theſe high acts of power are again rendered 
practicable in the province in the ſame en, 
as in the time of the French government. 
The writer of the foregoing letter proceed 
next to paſs a cenſurè on the Engliſn method 
of trial by jury, and ſays a jury is a tribunal 
in which ignorance and partiality often pre- 
fide. I have already mentioned ſome of the 
great advantages 'of the trial by jury, and- 
amongſt them, the probability of obtaining a 
more impartial deciſion of the cauſe by that trial 
than from a bench of judges only. And, as to 
the other thing here objected to juries, namely, 
their ignorance, Imulſt obſerve that, if by igno- 
rance the letter-writer means ignorance of the 
law, (as I preſume: he does) it is no juſt ob- 
jection to the uſe of juries, becauſe their 
buſineſs is not to decide points of law, but 
only to determine the facts that are conteſted 
in the cauſe, and thereby to enable the learned 
judges to pronounce the law upon the matter 
which reſults from the true ſtate of the facts. 
And for this duty of determining the facts of 
a cauſe no learning in the law is requiſite; 
but good ſenſe and honeſty and impartiality, 
with the aſſiſtance of the counſel i in examining 


the 


4. 


| [ 283 


the witneſſes, and the judges in ſumming up 

the evidence an making pertinent obſerva- 
tions on it, are very ſufficient qualifications. 
I know the Canadians are apt to miſtake the 
province of a jury, and to ſuppoſe that they 

are called to decide the law as well as the 
facts of the cauſes they try. And upon this 


ſuppoſition they ſometimes object to the inſti- 
tution. And this I. ſuppoſe to be the caſe 
with the writer of the foregoing letter. But, 
notwithſtanding this miſtaken opinion and the 
objection to juries reſulting from it, together 
with another objection which they have often 
made to them on account of the unanimity 
required of them in giving their verdict, the 
Canadians may, upon the whole, be ſaid to 
approve the inſtitution ; becauſe in the courts 
of Common-pleas in the proving in which 
(by the great ordinance of September, 1764, ; = 
by which the courts of juſtice were erected,) t 
they have been at liberty to have their cauſes 
decided, with or without a jury as, they liked 
"beſt, they have uſually choſen to haye a jury, 
when the cauſe has been of conſiderable con- 
ſequence, rather than leave the NET to the 
ole decifion of the judges. This conſtant 
choice which they have made of the trial by 
Pug 49% bop yeaes together, when hey might 
_  have.done without one, is a deciſive proof of 
chen hene upon this dure, They 
will therefore probablyzſay, in anſwer to the 
| f "OY eine To's" KS >; HY. fſerter.- 
— 


25 


e 


O 


4 284 1 


letter-writer's queſtion, « Whether the ſup- 

preſſion of the trial by jury by the late act 

will be a misfortune to the province,” that, 

they do conceive it to be a great misfortune to 

be deprived of the liberty of having a jury 

whenever they ſhould defire it, which they 

have hitherto enjoyed ever fince the year 1464, 

and have ſo often thought fit to make uſe of. 
ier letter- writer in the next place roceeds 
| bject to other parts of the law of England, 
9 0 he repreſents as likely to take lace in 
the province if the late act of eu tament 
ſhould be repealed, ahd as being very op- 

preſſſye and diſagreeable to the Canadians. 

The firſt thing he objects to is the expen- 
ſiveneſs of tlie En gliſh law. 

This is an idle objection, becauſe the ex 
pence of law-ſuits does not depend upon the 
law which is eſtabliſhed as the rule of decifion 
in litigations, but on the method of carrying 
on the ſuit: and this has been already for 
many years paſt in the courts of Common- 
pleas (in which courts the greateſt part of the 
civil buſineſs of the province has been 1 
on, ) the fame that was in uſe in the time 6 
the French government; at leaſt ſo far as tlie 
French lawyers in Canada are ac ra 
with it. For, by the 9 81 ordinance of Sep- 
tember, 1764, by which the courts of juſtice 
were erected, Canadian lawyers, p protibes. » and 
I were permitted to practice in the 

court 


A 


\ 
[ 285 -] 

court of Common - pleas: and die bez ac 
cordingly practiſed in it ever finee in their own 
forms and in the French language, and. in 
ſhort, in the method they lied b. And 
| conſequently no diminution of the expence bf 
lavy- ſuits in that court can be produced by the 
revivalof the French lat in civil matters entacted 
by the late act of parliament; nor cbufd any 
ittcreafe. of expence octifioned: a Eid 
eftabliſhmetit'of the Enigyth law, inſtead of 
| the French in thoſe cafes, in conſequence of 

a repeal of the late act. And this the lettet- 
writer probably knew very well, but meant 
only to alarm the Canadians with à pretended 
danger of this Kind, in order to prevent their 
liltening to the repreſentations of their Brififh 
felloweſu ied in fivour ofthe En Ech law. 

1 — the 'expentce of la- fuits in the 
province is already reduced as low as it well 
can be, the Whole mn begining of conflifing! an 


ordinary cauſe from to end in che 
court of Common pleas HA I have been 
well aſſured, only ee of Halifax 
currency, or eighteen. 
The next thing the Jetted awhiter Hier a As to 
in the Engliſh Haw is the inhefitance of Land 
by ' primoyenitare, Which he repfeſents a8 
likely to be the conſequence of a xevival. of 
the Engliſh law by a repeaf of the late act. 
In anſwer to tis Gbjiection I need only FY 
ſerve (whit 1 can hardly fuppoſe the Fetter- 


wr iter 


286 


writer himſelf to have been ignorant of,) that 
the Britiſh inhabitants of the province, in all 
their declarations concerning the neceſſity of 
introducing the Engliſh laws into the province, 
have conſtantly expreſſed a willingneſs that the 
general introduction of thoſe, laws, which they 
ſo much inſiſt on, ſhould be accompanied with 
an exception of the laws relating to the te- 
nure of land, the manner of conveying and 
ſettling it, and the tranſmiſſion of it to new 
poſſeſſors by dower and inheritance, unleſs the 
Canadians themſelves deſired to have the Eng- 
liſh laws upon thoſe ſubjects. Therefore 2 
Canadians might ſafely join with their Britiſh 
fellow- ſubjects in the province in requeſti 
the repeal of the late act of parliament and the 
revival of the Engliſh law in the province, as 
far as thoſe Britiſh inhabitants were deſirous 
of having it revived, without any danger of 
having their laws of inheritance by partition 
converted into the Engliſh law of inheritance 
by primogeniture. I might add that the Eng- 
 lith law, which eſtabliſhes the inheritance of 
"land by primogeniture, eſtabliſhes likewiſe the 
power of deviſing land in any manner that the 
teſtator thinks fit, which would put it in the 
power of every Canadian, who diſapproved 
the Engliſh law of inheritance, to avoid its 
operation, in caſe it had been introduced into 
the province: and I might mention likewiſe 
the inconveniences, which have been freely 
* 3 4 an 


ü 
aud generally felt by the Canadians, ailing 


from the too great ſubdiviſion of their lan 


by repeated partitions upon inheritance, f 


— 


which they have themſelves complained, and 


which the French king had 'endeavoured” o 


-remedy by an edit in the year 1745: Tmight 

mention both theſe circumſtances. as reaſons 
why the Canadians need not be much alarined 
if the Englith law) of 'inheritance had been 
expreſaly introdueed into the province erer 
the other laws of England. But theſe con- 
ſiderations are unneceſſary, ſince the Britiſn 
inhabitants of the province, who deſire to 
have the laws of England eſtabliſhed in it, 
are willing to conſent to the above-mentioned 
very copſous exception concerning landed 
In the next place the letter-writer endea- 

vours to frighten the Canadians from joining 
with the Britiſh inhabitants in petitioning for 


the Engliſh laws, by making them believe 


that, if thoſe laws were to take place, they 
would be forced to pay tythes to their prieſts 
after the Engliſh rate of the tenth part of the 
corn in the ſheaf, inſtead of paying them 
according to the rate formerly eſtabliſhed in 
Canada, and revived by the late act, of the 
twenty- ſixth buſhel of their corn threſhed out. 
In anſwer to this I ſhall only obſerve, that 
the Britiſh inhabitants of the province were fo 
far from wiſhing to make the Canadians Pay 
275 1 4 


- 
a * 
14 4 
* 
— 
8 
, 


| 

| | 
9 
: | 


L 


primogeniture, the Engliſh law 
F of the tythes to be pai 0 par 


a2) 
— 


. 288 1 


the RENE — „ 

fat app from 
Ter, = to, Oh, = 5 5 
a TE 2 — St 


rents 555 8 75 ry jth land T 


whether ah they ſoul 5 up. a 2 


he writer means by | 


But fe Ir it may be, it cannot juſtly E 


Engliſh 
law which the Bririth W inhabitants of the pro- 
vince with to ohraio, ROS they are willing 


to conſent, as has been bier obſerved, that 


all, the laws relating, to the tenure as well as 
the inheritance of lands Tee eas 
the antient footing of me F. fa 


ench 1 
It appears Ne ay beſe hrs thing things, 
to wit, the Englith law 701 in 


akk and the F þ * concerning the 


rents 


EI” 8 — s +4 A Lam — a. 


= . 
id: 


[i 


[ 89 J 


rents to be reſerved upon grants of land (which 
are the only things which the author of this 
letter 957 to in the ſyſtem « of the Engliſh 
laws, as likely to be diſagreeable to the Cana- 
dians,)- are not any part of thoſe laws of Eng- | 
land which the Britiſh inhabitants of the pro- 
vince are deſirous to ſee eſtabliſhed in it: and 
conſequently they - ought not, by a writer of 
candour, to have been repreſented to the Ca- 
nadians as being likely to happen from the 
ſucceſs* of any endeavours which might be 
uſed by the ſaid Britiſh inhabitants to procure” 
a re-eſtabliſhment of the laws of England in 
the province. But candour does not ſeem to, 
be this writer's favourite virtue. 
From the omiſſion of the writer of the fore- 
going letter to mention any other objections 
to the Engliſh law than thoſe which we have 
here examined, notwithſtanding he was uſing | 
his utmoſt endeawfurs to reyreſent that law i in 


a light that would be diſagreeable to the Ca- 


nadians, I derive a confirmation of an opinion 
which I have long entertained and often de- 
clared upon this ſubject, Which is, that the 
Engliſh law might have, been introduced into 
the province of Quebeck with reſpect to civil 
as wil as criminal matters, with the exception 
above-mentioned concerning landed Troperty 
and a continuation of the exemption from the 
legal obligation of paying tythes-to the prieſts 
wt 88 had been eſtabliſhed by Sir Jeffery 
Pp Amherſt, 


* 
* 
I 1 NN S_ 
\ 


290 J 


Amherſt, without giving any diſguſt to the 

eneral body of the Canadians. And there- 
Pre I cannot but lament that the whole of it 
in civil matters has been repealed by the late 
act of ler cid and the whole French laws 
upon thoſe ſubjects re-eſtabliſhed in its ſtead. 
The writer of the foregoing French letter 
in the next place accuſes the Britiſh inhabi- 


tants of the province of a deſire to exclude 


them on account of their religion from. ſitting 
in the aſſembly of the province which they 
petitioned the king's majeſty to eſtabliſh, 
And as a proof of this intention in the faid 
Britiſh inhabitants, he affirms that. they ſet 
forth in their petition to the king, That 
there is now a ſufficient number of proteſtant 
ſubjects of his majeſty in the ſaid province to 
make it convenient to eſtabliſh an aſſembly 
r 8 5 3 i 
In anſwer to this accuſation it is only ne- 
ceſſary to refer the reader to the petition of the 
faid Britiſh inhabitants to the king for an 
aſſembly, which is printed herein above, in 
pages 17,8, 19, where he will find that the 
petition contains no ſuch paſſage. . On the 
contrary, the concluding paragraph. of that 


petition, which contains the prayer of it, 


plainly declares a willingneſs in thoſe Britiſh. 
inhabitants to acquieſce in the eſtabliſhment 
of an aſſembly into which Roman-Catholickæ 


king for a houſe of affembly, 


[ 291 J 


| ould be admitted, if his majeſty, in his 


wiſdom, ſhould think fit to eſtabliſh ſuch 


an one. Wy La eg (which i is the moſt 


material pa petition,) is as follows. 
«Your: gelt); 8 Fer being fully 
« convinced,” from their reſidence in the 
6 province, and their experience in the af- 
* fairs of it,” that a general aſſembly would 
* 2 much 3 to encourage and 
& promote i ricultute, and com- 
e merce; and (as they b pe,) to create hat- 
© mony and good underſtanding between 
« yout᷑ majeſty's new and old ſubſects; moſt 
* n ſupplicate ybur majeſty to take the 
remĩſſes into your royal ehfieration” and 


< to direct your majeſty's governour, or com- 


“ mander in chief, to call a general aſſembly, 


de in facht manner, and of fuch conſtitution and 
0 form „as to your majeſty, in your royal wiſdom, 
ball ſeem beſt atapred to ſecure its peace, wel- 


« fare, and good government.” 
It ſeems Frege that the writer of the 


| ; foregoing French letter took the paſſage he 
Eites in it from ſome former petition- of the 


Britiſh inhabitants of the province to the 


preſented ſome 
years ſince. But if fo, he ſhould not Have 


repreſented it as making a part of their laſt 


jon in December, 1774, and as a proof 


of their intention at that tene to exclude 
the Roman-Catholicks fr m the aſſembly. 


And 


f 


o 
1 — 
— — . Wo 0973. Ire rr ee. 


L . As en ere hes wal omni gti ee 


4 — * —— — — * —— 


F 292 3 
Aha; ir muſt be obſerved that he could a 
be ignorant of the contents of that laſt pe- 
Aon » becauſe we have ſeen above in the 


beginning of this tract, that the Britiſh in- 
habitants of the prongs proceeded ..openl 


and fairly with their Canadian fellow-ſub- 
jets, and communicated to them their reſo- 
lution of petitioning for an aſſembly, and 
ſollicited them to join with them in doing ſo: 
whereas the French petition above-mentioned 

in pages 112, 113, and 114, was handed 

about in the moſt ſecret manner poſſible, 

and cautiouſly kept from the - ſight of the 
Britiſh inhabitants of the .province, ,and even 
from that of all ſuch perſons amongſt the 
Canadians themſelves as were not ſollicited to 
ſign it. 


The writer of che foregoing e letter 


in the next place mentions the duties on 


ſpirituous liquors impoſed by, one of the acts 
of parliament paſſed laſt ſummer, and en- 
deavours to reconcile the Canadians to them. 
What he ſays upon this ſubject ſeems to be 
perfectly reaſonable. It is juſt that the people 
of Canada ſhould pay ſome taxes towards 
the ſupport of the overnment of their pro- 

vince. And thoſe 1 5 are impoſed by that 
act of parliament I believe to be both judi- 
cious and moderate. And I do not hear that 
any of the inhabitants of the province, either 
Britiſh or Canadian, have made any com- 


8 plaints againſt _ 


In 


* 


CE 293 13 


Je d ja lere le Epen aention 
* deſign of raiſing a Canadian regiment * 
four or five hundred men, to be commanded 
dy Canadian officers: and he endeavours to re- 


preſent this meaſure as an advantage to the Ca- 


# 


er peaſants by means of the honour it will 
reflect upon them by raiſing ſome of their gen- 

to a degree of ſplendour in the province. He 
13 not ſay whether he ſuppoſes the Cana- 
dians are to be preſſed into this ſervice, or 
only to be invited to enter into it from ſuch 
motives as he ſuggeſts, of raiſing ſome of 
their gentry to ſtations of honour. I ſuppoſe 


he means the latter; becauſe in the firſt. part 
of the letter he has denied that there is any 
connection between the revival of the French 
law and the power of preſſing men for ſoldiers. 
And if he does mean only a voluntary ſervice, 


I truſt that the Canadian peaſants, (who all 
either are or may be freeholders with a hun- 


dred acres of land a- 7 8 ) are already too 


well acquainted with the advantages of living 
uietly upon their own eſtates and'cultivating 
em with induſtry, and es the full fruits 


of their labour by ſelling their corn for great 


prices to the Engliſh merchants who export it, 
(as they have done now for theſe ten years 
Paſt under the protection of the Engliſh law,) 
to chuſe to exchange them, for the hard and 
unprofitable 3 of a ſoldier and the 


office of rei led to fight with their fellow- 


ſubjects 


W ei ae es add 


— 


— " > — N — E I : 7 
- n= ” — — * 
3 p — — v woe 25 w 
- w—— * 
1 — * de — 
__ 4, oe at” - — — 
— — - —— — < N 0 
* - 1 — 3 10 4 


Wal We s — 9 — 
th. K — ne — — at. a 
N * 8939 _ 
—  — r 8 


„ 


L 294 ] 


ſubjects: in the Maſſkchuſet's Bay and Connec- 


tzeut, only for the ſake of raifing fome of 
their decayed gentry to ſtations of honour. = 
Tam much deceived if motives of this kind 
will induce many of them to enliſt in this 
intended regiment, if, after all, ſuch a mea * 
ſure is really intended, which apptars to me 
ſo very ſtrange; txt I ſhall bardly be brought 
to believe it can be 1 til Fknow it to 
1e aN done. N | 


Ly 


MVSEVM 
BRITANNICVM 


