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6-7 EDWARD VII. SESSIONAL PAPER Mo. 18 ” A. 1907
CLA.ISr.AiDlA.Nr A E C H I V E ^
DOCUMENTS
RELATING TO
THE CONSTITUTIONAL HISTORY OF CANADA
1 7 5 9 – 1 7 9 1
SELECTED AND EDITED WITH NOTES BY
ADAM SHORTT
Professor of Political Science Queen’s University
AND
ARTHUR G. DOUGHTY
Dominion Archivist.
PRINTED BY ORDER OF PARLIAMENT
OTTAWA
PRINTED BY S. E. DAWSON, PRINTER TO THE KING’S MOST
EXCELLENT MAJESTY
1 9 0 7
[Fo. 181907.]
KC203
C25
S
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6-7 EDWARD Vil. SESSIONAL PAPER No 18 A 1907
TABLE OF CONTENTS.
P A G F
INTKOBUCTIOIN ^
Articles of Capitulation, Quebec, Sept 18, 1759, F rench Text 3
n H H English T ranslation 6
Articles of Capitulation, Mont real, Sept 8, 1760, F re nc h Te xt 8
i H English T ranslation 21
Commission as J u d g e to Jacque s Allioi, J a n u a r y 6, 1760, Fre nc h Te xt 29
i i English T ranslation 30
Placa r d from Hi s Excellency, Gen Amhe rst, Sept 22 1760, F r e n c h Text 31
i M English T ranslation 32
P roclamation of Governor M u r ra y, Establishing Milita ry Courts, Oct 31, 1760, F re nc h Text 33
, , H English T ranslation 35
General Mu r ray ‘ s Re p o rt on t he State of t he Gove rnment of Quebec, J u n e 5, 1762 37
Col Bu rton ‘s Repo rt on t he State of Gove rnment of Th ree Rivers, Ap ril, 1762 61
Gene ral Gage’s R e p o rt on t he State of Gove rnment of Mont real, M a r c h 20, 1762 69
T reat y of Pa ri s, F e b 10, 1763, F re nc h Text 73
English T ranslation 84
Pape r s relating to the Establishment of Civil Gove rnment m t he Te r rito ries ceded to B ritain by
the T reat y of 1763
Eg remont to Lo rds of T rade, Ma y 5, 1763 93
Lo rds of T ra de to Eg remont, with Repo rt, J u n e 8, 17b3 97
E g rem o nt to L o r d s of T rade, J ul y 14, 1763 108
Lo rds of T r a d e to Eg remont, with Rep resentation, A u g 5, 1763 110
Hali fax to Lo rds of T rade, Sept 19, 1763 112
Lo rds of T ra de to Halifax, Oct 4, 1763 114
Proceedings in P ri v y Council, Oct 5, 1763 115
Rep o rt on Commissions for Governors, Oct 6, 1763 116
Hali fax to Lo rds of T rade, Oct 8, 1763 119
P roclamation of Oct 7th , 1763 119
E a rl of E g rem o nt to Governor M u r ra y, A u g 13, 1763 123
Passing Governors’ Commissions, Oct 7, 1763 124
Additional clauses m new Commissions, Nov 4, 1763 124
Commission appointing J am e s M u r r a y, Captain Gene ral and Governor m Chief of the P rovince
of Quebec, Nov 21, 1763 126
Inst ructions to Governor Mu r ray, Dec 7, 1763 132
Ordinance of Sept 17, 1764, establishing Civil Courts 149
Governor M u r r a y to E a rl of Halifax, Oct 15, 1764 152
P resentments of t he G ra n d J u r y of Quebec, Oct 16, 1764 153
Stateme nt by F re nc h J u r o r s m reference to the foregoing Pre sentment s, Oct 26,1764, F re nc h Text 156
H H H English T ranslation 159
Add ress of F rench Citizens to t he Ki n g rega rding t he Legal System, J a n 7, 1765, F rench Text 161
i i i English T ranslation 164
Ordinance of Nov 6, 1764 166
Governor M u r ra y to Lo rds of T rade, Oct 29,1764 167
Petition of t he Quebec T rade rs to t he Ki n g 168
Petition of t he London Me rchant s to t he Ki n g 170
Rep o rt of Atto rney and Solicitor Gene ral re Stat u s of R oma n Catholic Subjects, J u n e 10,1765 171
Representation of the Boa rd of T ra de to t he Ki ng, Sept 2, 1765 171
Ordinance of J ul y 1, 1766, to Alte r and Amend Ordinance of Sept 17, 1764 172
Ordinance of J ul y 26, 1766, m addition to Ordinance of Sept 17, 1764 174
Repo rt of Att o r ne y and Solicitor Gene ral (Yo rke and DeGroy) rega rding the Civil Gove rnment
of Quebec, Ap ril 4, 1766 174
Considerations on t he Expediency of P rocu ring an A ct of Pa rliame nt for t he Settlement of the
P rovince of Quebec, by F ranci s Maseres, 1766 179
v CANADIAN ARCHIVES
6-7 EDWARD V t l , A. 190?
PAGE
Irv mg to the Lords of Tiade, Aug 20, 1766 187
Petition of Stigneurs of Montreal to the King, Feb 3 17t>7, French Text 188
, H English Translation 189
Commission of Chief Justice William Hey, Sept 25, 1766 190
Lieut Governor Carleton to Earl of Shelburne, Oct 25, 1766 192
Remonstrance of Members of Council to Lieut Gov Carleton, Oct 13, 1766 193
Lieut Gov Carleton’s reply to remonstrance of Members of Council 194
Lieut Gov Carleton to Generil Gage, Feb 15, 1767 195
Earl of Shelburne to Lieut Gov Carleton, June 20, 1767 196
Lieut Gov Carleton to Earl of Shelburne, Nov 25, 1767 196
Resolution of Privy Council as to Information Required Concerning the Province of Quebec,
Aug 27, 1767 199
Earl of Shelburne to Lieut Gov Carleton, Dec 17, 1767 2ul
Lieut Gov Carleton to Earl of Shelburne, Dec 24,1767 201
Draught of an Ordinance Relating to French Land Tenures 204
Lieut Gov Cirleton to Eail of Shelburne, Jan 20,1768 ¿05
Earl of Hillsborough to Lieut Gov Carleton, March 6,1768 207
Lieut Gov Oaileton to Earl of Shelburne, April 12, 1768 208
Instructions to Governor Carleton 1768 210
Earl of Hillsborough to Governor Carleton, Oct 12, 1768 ¿27
Governor Carleton to Earl of Hillsborough, ISov 20, 1768 227
A Draught of an Intended Report of the Honourable the Governor in Chief ind the Council of
the Province of Quebec to the King concerning the State of the Laws and the Administra
tion of Justice in that Province, by Francis Maseres 228
Attornev General Maseres’ Criticism of Governor Carleton s Report on the Laws of the Province,
1769 258
Report of Lords Commissioners for Trade and Plantations Relative to the State of the Province
of Quebec, June 10, 1769 263
Appendix to Report of Lords Commissioners for Trade and Plantations 274
Report of Committee of the Council on Administration of Law by Justices of the Peace, Sept
11, 1769 276
An Ordinance for the more Effectual Administration of Justice and for Regulating the Courts
of Law m the Province, Feb 1, 1770 280
Petition for a General Assembly 291
Petition for the Restoration of French Law and Custom, French Text 292
English Translation 293
Additional Instruction to Governor Carleton, J 771 295
Earl of Hillsborough to Lieut Gov Cramahe, July 3, 1771 275
Report of Solicitor General Alex Wedderburn, Dee 6, 1772 296
Abstract of such Regulations in Solicitor General’s Report as may be established by Act of Par
liament, Dec 6, 1772 302
Report of Attorney General Edward Thurlow, Jan 22, 1773 305
Plan of a Code of Laws for the Province of Quebec, Reported by the Advocate General, James
Marriott, 1774 310
Lieut Gov Cramahe to Earl of Dartmouth, June 22, 1773 338
Earl of Dartmouth to Lieut Gov Cramahe, Dee 1, 1773 338
Francis Maseres to Earl of Dartmouth, Tan 4, 1774, with Proceedings of Quebec Committee 340
Letter of Committee of English Inhabitants to Maseres 343
Lieut Gov Cramahe to Earl of Dartmouth, Dec 13, 1773 343
Petition to Lieut Gov Cramahe for an Assembly, Nov 29, 1773 345
Lt Governor’s Reply, Dec 11, 1773 346
Petition to the King, for an Assembly, Dec 31, 1773 347
Memorial from Quebec to Earl of Dartmouth, Dec 31, 1773 349
Memorial from Montreal to Earl of Dartmouth, Jan 15, 1774 351
Earl of Dartmouth to Lieut Gov Cramahe, May 4, 1″74 352
Lieut Gov Cramahe to Earl of Dirtmouth, July 15, 1774 353
Petition of French Subjects to the King, French Text, Dec , 1773 354
i English Translation 355
Memorial of French Subjects m support of their Petition French Text 357
i , English Translation 358
TABLE OF CONTEXTS v
SESSIONAL PAPER No. 18
P A G E
Case of the B ritish Me rchant s T ra di n g to Quebec, May, 1774 359
L oi d Mansfield s J u d gm e nt m Campbell vs Hall, 1774 366
Mase ru! to t he Lo rd Chancellor, Ap ril 30, 1774 373
Memo randa and D ra u g ht s of Bills Relating t o the Subject of the Quebec Act, 1774
Memo randum on Gove rnment of Quebec 374
Fi r st D ra u g ht of the Quebec Bill 376
Second M 377
Pioposed Extension of Provincial Limits 381
Thi rd Di a u g ht of the Quebec Bill 382
Notes, on T hi r d D r a u g ht of Quebec Bill 385
The Clause Concerning Religion m t he T hi r d D ra u g ht 386
Lo rd Hillsborough’s Objections to T hi r d D ra u g ht Quebec Bill , 388
E a rl of Da rtm o ut h ‘ s Reply to Lo rd Hillsborough 390
The Quebec Bill, as Ret u r ne d from t he Commons 390
Things which must of necessity be Considered a n d Definitely Settled if the Bill is passed,
F re nc h Text 395
Things which m u st of necessity be Considered and Definitely Settled if t he Bill is passed,
English T ranslation 397
Queries re G-overnment of Quebec 400
The Quebec Act, 14, Geo I I I cap 83 401
Quebec Revenue Act, 14, Geo I I I , cap 88 406
A n Act for amending and explaining an Act to establish a fund towa rds further defraying t h e
charges of t he Administ ration of Justice, and suppo rt of the Civil Gove rnment within t he
Province of Quebec 409
Governor Carleton t o E a rl of Da rtm o ut h, Sept 23, 1774 410
General Gage t o Governor Carleton, Se pt 4, 1774 , 410
Governor Carleton s to Gene ral Gage, Sept 20, 1774 411
E ail of D a rtm o ut h to Governor Carleton, Dee 10 1774 411
Governor Carleton to E a rl of Da rtm o ut h, N o v 11, 1774 412
Petition for t he repeal of t he Quebec Act, Nov 12, 1774
To the Ki n g » 414
T o t he L o r d s 417
To the Commons 417
Inst ructions to Governor Carleton, 1775 419
Plan for t he future management of I n dia n Affairs, referred to in t he 32nd a rticle of t he
foregoing Inst ructions 433
Inst ructions relating to T ra de a n d Navigation 438
Additional Inst ructions, Ma rc h 13, 1775 450
Additional Inst ructions, N o v 14,1775 450
Governor Carleton t o Gene ral Gage, F e b 4, 1775 450
Ea rl of Da rtm o ut h to Governor Caileton, J u n e 7, 1775 452
Governor Carleton to E a rl of Da rtm o ut h, J u n e 7, 1775 453
Lieut Gov C ramahe to E a rl of Da rtm o ut h, Sept 21, 1775 455
Chief Justice H e y to the L o r d Chancellor, A u g 28, 1775 456
Governor Carleton to Lo rd Germain, Sept 28,1776 459
.. , „ Ma y 9, 1777 460
Pla n for the establishment of a Chambe r of Commerce for t he City a n d Dist rict of Quebec,
April 3, 1777 462
Ordinances passed m the Session of t he Legislative Council of Quebec, held m Ja n ua r y, Feb rua ry,
Maich and Ap ril, 1777 463
A n Ordinance for establishing Courts of Civil J u dicat u re m t he P rovince of Quebec, F e b 25,
1777 464
A n Ordinance to regulate t he proceedings m the Courts of Civil J u dicat u re m the P rovince of
Quebec, F e b 25, 1777 4
*>6
A n Ordinance for establishing Courts of C riminal Ju risdiction in t he P rovince of Quebec, Ma rc h
4, 1777 i 471
Petition of Me rchant s for Repeal of Quebec Act, Ap ril 2, 1778 473
‘i CANADIAN ARCHIVES
6-7 EDWARD VI! , A 1907
P A G E .
Inst ructions to Governor Hal dima n d, A p ril 15,1778 474
Additional Inst ruction, Ma rch 29, 1779 476
Additional Inst ruction Ma rch 29, 1779 477
Additional Inst ruction, J ul y 16, 1779 477
Opinions of Membe rs of Council on executing t he Inst ructions of 16th J ul y, 1779 479
Governor Hal dima n d to L o r d Ge rmain, Oct 25, 1780 482
Ordinance re Proceedings of Courts, F e b 5, 1783 490
T reat y of P a n s , 1783 491
Additional Inst ructions to Hal dima n d, J ul y 16, 1783 494
Additional Inst ruction, Ma y 26, 1785 t
495
Additional Inst ruction, J ul y 25, 1785 496
Governor Hal dima n d t o L o r d No rth, Oct 24, 1783 497
N o v 6, 1783 499
H u g h Fml a y to Sir E va n Nepean, Oct 22, 1784 500
Petition for Hou se of Assembly, Nov 24, 1784 502
Pl a n for a House of Assembly, N o v 1784 510
Objections to Petition of Novembe r 1784French Te xt 511
i ii English T ranslation 514
Add ress of “Roman Catholic citizens to t he Ki n gF re nc h Te xt 517
H i H English Translation 518
A D r a u g ht of a proposed A ct of Pa rliame nt for t h e bette r securing t h e libeities of Hi s Majesty’s
subjects m the P rovince of Quebec, Ap ril, 1786 520
Petition of Sir J o h n Johnson and Loyalists, Ap ril 11, 1785 524
Lieut Governor Hamilton to L o r d Sydney, A p ril 20, 1785 527
Ordinance establishing T rial by J u r y, Ap ril 21, 1785 529
Lieutenant Gov ernor H o pe t o Lo rd Sydney, N o v 2, 1785 538
Memo rial of B ritish Me rchants t ra di n g t o Quebec, F e b 8, 1786 541
Lette r from Me rchants of Mont real, N o v 2, 1785 544
„ Quebec, Nov 9, 1785 545
L o r d Sydney to Lieut Gov H o pe, A p ril 6, 1786 547
Lo rd Sydney to Col Joseph B rant, enclosed m foregoing 549
Lo rd Sydney to Lieut Gov Hope, A p ril 6, 1786 550
Memo randa for Inst ructions, J ul y, 28, 1786 551
Inst ructions to L o r d Dorchester, A u g 23, 1786 552
Additional Inst ruction, Ma rc h 21, 1787 567
4_dditional Inst ruction, A u g 25, 1787 568
Chief J u stice Smith to Sir E v a n Nepean, J a n 2, 1787 569
H u g h Fml a y to Sir E v a n Nepean, F e b 13, 1787 571
Ma rch 15, 1787 572
D ra u g ht of an Ordinance framed by Chief Ju stice Smith, Marc h 12, 1787 574
E xt r a ct from Proceedings of Council, Ma rch 26, 1787 579
O rdinance re Proceedings of Civil Courts, Ap ril 30, 1787 582
Ordinance re C riminal Courts, Ap ril 30, 1787 585
L o r d S y d ne y to L o r d Dorchester, Sept 20, 1787 586
Lo rd Dorchester to L o r d Sydney, J u n e 13, 1787 587
Minutes of Council upon State Business from t he 24th of October, 1786 to the 2nd of J u n e, 1787 590
Memo rial of T he J u d ge s, M a y 1, 1787 593
Rep o rt of the Committee of t he Council Relating to t he Courts of Ju stice 594
Mem o ra n d um of t he Council 602
Li st of J u r o r s 606
A P a p e r b y J u d g e Pa netF re nc h Text 607
H , English T ranslation 609
A n ot he r Pa pe r by J u d g e Pa netF re nc h Text i>08
H M English T ranslation 611
Re p o rt of t he Committee of Council Relating to Commerce a n d Police, 1787 612
R e p o rt of t h e Me rchant s of Quebec by thei r Committee 614
Copy of a Petition to L o r d Do rcheste r from New Subjects at QuebecFrench Text 619
„ ,, „ English T ranslation 621
Lette r from t h e Committee of Council on Commerce a n d Police to t h e Me rc ha nt s of M o nt real 622
TABLE OF CONTENTS vu
SESSIONAL PAPER No. 18
4nswe r to foregoing L ett e r 623
Rep o rt of the Me rchants of Mont real b y thei r Committee 624
Copy of a Lette r accompanying the abo% e Re p o rt 627
Copy of A n Add ress to Lo rd Dorchester from New Subjects at Mont realF rench Text 628
H H English T ranslation 629
Lette r addressed to thf Magist rates of Quebec, from the Committee of Council 630
Lette r from t he Magist rates of Quebec to the Committee of Council in answer to t he
Fo regoing Lette r 631
Lette r to t h e Me rchant s at Th ree Riveis, from the Committee of Council 633
A n Answe r t o t he Foregoing Lette r 633
Rep resentation of New Subjects at Th ree Rive rs to the Governor and Council
F re nc h Te xt 634
English T ranslation 637
Repo rt of the Committee of the Council upon Population, Ag ricultu re and t he Settlement of
the Crown La n d s, 1787 639
Lette r from the Magist rates at Cata ra qm to Sir J o h n J o hn s o n 642
Lette r from t he Magist rates at New Oswegatchee to Sir J o h n Johnson 645
Lo rd Dorchester to L o r d Sydney, J u n e 13, 1787 646
Petition of the We ste r n Loyalists A p ril 16, 1787 647
Memorial of Me rchant s T ra di n g t o Quebec F e b 4,5788 649
P at e nt C reating N e w Dist ricts, J u l y 24, 1788 650
Lo rd Sydney to L o r d Dorchester, Sept 3, 1788 651
Lo rd Dorchester to L o r d Sydney, N o v 8, 1788 654
Hugh Fml a y to Sir E v a n Nepean, F e b 9, 1789 656
Ordinance of 1789 re Proceedings m the Courts of Civil J u dicat u re 658
Lo rd Grenville to Lo rd Dorchester, Oct 20, 1789 662
Oct 20, 1789 663
Fi rst D ra u g ht of Constitutional Bill, 1789 667
Lord Dorchester to L o r d Grenville, F e b 8, 1790 674
Second D ra u g ht of Constitutional Bill, 1790 677
Boundary between Quebec a n d N ew B runswick 684
Chief Ju stice Smith to Lo rd Dorchester, F e b 5, 1790 685.
Proposed Additions to t he New Canada Bill for a General Gove rnment, F e b 8, 1790 687
Clause Be T rial of Criminal Offences, F e b 8, 1790 688
Lo rd Grenville to L o r d Dorchester, J u n e 5, 1790 690
Lord Dundas to Lo rd Dorchester, Sept 16, 1791 692-
The Constitutional A ct of 1791 694
Index 709
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6-7 EDWARD VII. SESSIONAL PAPER No. 18 A. 1907
INTRODUCTION.
Already the accumulation of materials relating to Canadian history secured by the
•Canadian Archives is very voluminous, and of such range and value that it will henceforth be impossible to make any considerable contribution to Canadian history without
drawing upon these resources.
Now that these collections are adequately housed in a separate building, it is
passible for all who wish t i consult them to do so with facility and comfort. However,
in a country of such vast extent as Canada, it requires both time and means for more
than a very limited number to avail themselves of these valuable accumulations at first
hand. Hitherto, also, the pressing demands of the more immediate needs of life leave,
for most, little leisure for the cultivation of those studies connected with the origin
and significance of our national institutionSj the right comprehension of which may
have an important bearing on the future stability of national life.
In order that the character of the records accumulated by the Archives department
may be made known to the ^public, and that the advantages to be derived from an
•acquaintance with these materials may be equally shared by teachers, students and
citizens of Canada generally, in all parts of the country, it has been considered advisable
to select and publish in a connected form, a number of the more important and representative documents relating to specific features of Canadian national development. The
present volume is the first of a short series which will embody the leiding documents
relating to Canadian constitutional history. The collection is intended to furnish, in
the shape of authentic copies of original documents, a survey of the gradual development of the Canadian system of government and of the various forces which, in co-operation or conflict, had much to do with determining the lines along which our destiny as a
nation was to be unfolded. It has been sought to make the series of documents sufficiently full and representative of all the constituent elements and interests of the country,
to furnish a basis for an intelligent and independent judgment on the part of those
making a careful study of them ; while the notes and references will enable the reader
to follow the natural connections of the documents with each other and with a still
wider range of first hand materials, most of which will also be found in the collections of the Canadian Archives.
This first volume contains only documents relating to the central portion of Canada
known at the time as the Province of Quebec, between the period of the Cession and the
passing of the Constitutional Act in 1791. I n order to present a natural historical development of the constitution, the documents are arranged as nearly as possible’ in
chronological order. They consist of both primary and secondary materials. The
primary documents are preceded and followed by a number of closely related papers,
such as petitions, reports, letters and proceedings indicative of the forces which prepared the way for the more formal expressions of the general policy or system of government. These in tu rn are followed by other secondary documents showing the practical
consequences of the adoption of this or that policy or system of government.
x CANADIAN ARCHIVES
6-7 EDWARD VII., A. 1907
The documents and papers may be classified as follows, the first two sectionscovering the central or pivotal documents.
I. Terms of Capitulation and Treaties, determining the limits of the colony and
the conditions under which it was ceded or held.
I I. Royal Proclamations, or British Statutes determining the basis and character
of the government to be established and maintained in the colony.
I I I . Commissions and Instructions issued to the various Governors, giving in
further detail the system of government and administration to be established in t h e
colony, and the general policy to be followed.
IV. Such ordinances or laws passed by the local legislative body as prescribe,
under the authority of Royal Proclamations or British Statutes and Instructio is to the
Governors, the courts of law and the general system of justice to be administered in t he
colony.
V. Special reports, of a more or less official nature, from various Boards, or servantsof the Crown in Britain or Canada, setting forth the actual conditions of the country,,
from a constitutional point of view, and proposing lines of policy or necessary changes
in the constitution of the country.
V I. A body of miscellaneous papers, furnishing the connecting links and general
constitutional atmosphere of the central documents of tne foregoing classes. These
consist of
(a) Petitions and counter-petitions expressing the wishes and aspirations of
the inhabitants of the country, or of those in Britain having special interests in
Canada, as to the form of government, the system of laws, and the general administration of justice.
(5) Minor reports from the Governors and other officials in the colony, Memorials and Proceedings setting forth the political condition of the country, Minutes
of Council and Reports of Committees of Council relating to the system of government or administration.
(c) Correspondence, officia1
, semi-official, or private, between the Canadian
Governors and the British Secretaries of State, and between these and others
occupying official or at least influential positions in Canada or Britain, discussing,
shaping, or advising as to the policy of government, or the condition and wishes
of the people.
I n considering the documents presented under these various classes, the question of
most interest to those wishing to make use of the volume will relate to the principle
or principles upon which the documents here give i were selected from the general mass
of materials bearing upon the constitutional development of Canada during the period
covered. I n answering this question we may take up the sections in order.
The documents which fall within the first three classes leave very little room foxchoice, as they are limited in number and definite in character. The first section in
eludes the Capitulations of Quebec and Montreal, and the two Treaties of Paris of
1763 and 1783. Section I I includes the Proclamation of 1763, the Quebec Act and the
Constitutional Act. Section I I I includes the Commissions and Instructions to Governors,
&c. I n order to economize space, since the Commissions cover, though only in a partial
degree, much the same ground as the Instructions, samples only are given to indicate
their nature. Special features, such as Dorchester’s Commission in 1786 to be Governor
I8TB0DUCTI0X xi
SESSIONAL PAPER No. 18
•and Commander in Chief in all the British North American Colonies, are fully indicated
in the correspondence and notes. Where the Instructions to one Governor are continued
for his successor with little or no alteration, they are not repeated in full, only the
alterations or additions being given. However, where important changes in policy were
being discussed or had taken place, as in 1768, 1775, and 1786, the Instructions are
given in full, even though considerable sections of them remain unchanged, it being
important at such periods to see the relation of the old to the new elements. This section includes also various additional or special Instructions which were issued to the
Governors during their periods of Office.
Section IV. covers the series of Provincial Ordinances from 1764 to 1789, establishing the Provincial Courts and prescribing, subject to the British Statutes and Instructions, the system of law and procedure to be observed therein.
I n Section V. there is more choice of materials, though there is little difficulty in
determining which are the most essential documents, as that is largely indicated by the
importance attached to them alike at the time and afterwards, as evidenced by the
repeated references to them in the other documents and correspondence of the period.
The only difficulty here has been in procuring authentic copies of all the documents of
this description referred to. Though the great majority of these reports have been
discovered among the State Papers, or in other authentic form, a few of them have not
as yet been secured. The Beports of Carleton and Hey in 1769 have not yet been found,
though the substance of the former is fairly well indicated in the criticism of it made
by Mr. Maseres, (see p. 258). This indicates that the Governor had simply recapitulated in the Report his views as frequently expressed to the Home Government in his
correspondence with the Secretaries of State, Lords Shelburne and Hillsborough. I t has
also been impossible up to the present to trace among the State Papers the reports on the
Government of Quebec made by Solicitor-General Wedderburn and Attorney-General
Thurlow, in 1772 and 1773, though a supplement to the Solicitor-General’s report containing its essential features has been found among the Dartmouth Papers. We have
therefore been constrained to take these papers in their incomplete form from Christie’s
History of Lower Canada, Vol. I. The Beport of the Board of Trade of September
2nd, 1765, cited in another report of the same date, given at p. 171 and referred to in
note 3 on the same page, as not having been discovered, has since come to light in a
volume lately received at the Archives but as yet uncalendared. I t will be found in
Volume Q18A, p. 131. These are practically the only cases in which we have failed
to trace the more essential documents of this class.
The reports in this Section, beginning with that of Murray in 1762 and ending with
the series of Reports of 1787, where they are of a ” general nature, naturally contain
much material which has but little direct bearing on constitutional questions. However, where the report is homogeneous and not too voluminous, as in the case of Murray s, it has been produced in full, lhat the reader may be enabled to obtain a general
survey of the conditions of the Colony. I n other cases, where the report is very extensive and is the product of a series of committees dealing with different sections of the
colonial interests, as in the case 6*f the Report of 1787, only those sections are given
which have a more direct bearing on the constitutional problems of the country. At
the same time the general character of the whole report is sufficiently indicated, and
xii CANADIAN ARCHIVES
6-7 EDWARD VII., A. 1907
references are given which will enable any one who may be i iterested in them to follow
up the portions omitted.
It is among the documents classified under Section “VI. that there is the largest
and most miscellaneous mass of materials from which to make choice, and here the
principle of selection is naturally a matter of considerable importance, for much necessarily depends upon the judgment of the editor. Inasmuch as feeling ran high at
various stages during this period, and questions of racial and national institutions, feudal
privileges and vested interests, commercial enterprise and immigration, military versus
civil power, and autocratic versus democratic government were deeply involved ; and
inasmuch as many of the questions then raised for the first time have persisted as matters
of vital interest in Canadian politics, and British colonial policy, it is highly necessary
that the principles on which the selection cf the supplementary documents has¿.
been made should be fully understood. Obviously, whatever the final judgment on any
of these issues, it is quite indispensable in a “volume of this description that all the
representative interests in the Colony, all the essential claims made and policies advocated, should be fairly and adequately presented in their own terms, as far as the documents are available. The first process was to sift out from the general documents of
the period and set apart for further consideration all those having either a direct or an
indirect bearing upon the constitutional issues of the period. Then from these wereselected for publication (a) Those which were specially referred to in the primary documents, or were used in shaping them ; (b) Thofe petitions a ni memorials which were
most frequently referred to either by friends or opponents as representing the wishes of
the various sections of the people interested in the Constitution of Canada ; (c) Those
despatches and letters passing between Canada and Britain which originated ideas and
policies afterwards followed up, or which mcst fully discussed the issues then before the
country, and which were most frequently referred to afterwards as expressing theviews of the persons or groups vitally interested in the measures proposed or adopted ;
(d) Such minor documents as were intimately connected with or obviously throw light
upon the more important ones, and contribute to a better understanding of them.
By following these principles of selection it was found that the documents arranged
themselves in a natural and connected order of development, and furnished
in great measure their own standards for selection. As a consequence of thisarrangement, we have been able to include the great majority of the papers
referred to in the primary and secondary documents, including the petitions, memorials
and official correspondence. Hence, with the assistance of the notes and supplementary
references, if the documents are “read consecutively, they will be found to gradually
unfold a closely connected and intelligible stoty of the leading constitutional issues and
of the factors, personal and corporate, determining the constitutional development of
Canada during a very critical and highly controversial period in our national history.
It has been regarded as beyond the scope of a volume of this description to take
notice of the voluminous discussion in periodicals, pamphlets, and historical treatises
dealing with the issues here presented whether from a partisan or impartial point of
view. However valuable much of this material may be, it is plainly to be treated as supplementary reading. The object of this volume is simply to furnish the more centrai
INTRODUCTION xiii
SESSIONAL PAPER No. 18
and essential documentary bases, alike for original and independent judgment and for
an intelligent estimate of all other judgments, whether contemporary or subsequent.
The most essential portion of the supplementary reading consists of the Debates in
the British Parliament connected with the passing of the Quebec Act and the Constitutional Act. These are naturally too voluminous to be included in their entirety. To
make selections from them, and especially from the Debates on the Quebec Act, which
would be satisfactory to all parties would prove a very difficult if not impossible undertaking. References to the Debates are given in the notes, and as they are available in
every fairly equipped library, they may be consulted in their complete form by practically all who care to make a serious study of these matters.
The notes throughout the volume are entirely devoted to furnishing necessary
concrete information as to the documents themselves, the connecting links between
them, or the supplementary documents which throw additional light on the questions
in hand. No attempt however has been made to pass judgment upon the issues
involved, or to give an interpretation of the documents themselves. The functions of the
notes may thus be classified as follows : (a) To furnish the necessary references to the
sources of the documents which are reproduced ; (b) To furnish references, either within or
without the present volume, to all other papers referred to in the documents here
reproduced ; (c) To provide references to other first-hand materials, and to give quotations from them, where not too extensive, as to the essential links connecting or explaining the documents which have been selected and reproduced ; (d) To indicate the official
positions held by the leading parties between whom the correspondeifbe which is given
had taken place.
A number of the central and more formal documents, such as Capitulations,.
Treaties, and Instructions have already appeared in various forms, though not always
in authentic versions. Others have appeared in volumes which are now very difficult
to obtain and are rarely to be met with in Canada outside of a few of the best equipped
libraries. A large pa rt of the volume, however, consists of important documents which
have not hitherto been published, and the very existence of a number of which was
hardly suspected. These throw much new light on some of the most essential features
of Canadian constitutional history.
I n every possible case documents are taken from the most authentic sources available, and are reproduced exactly as they are found, without any attempt to correct ‘even
the most obvious errors of spelling, punctuation or grammatical form. It is evident
that any uncertainty due to slips and errors in the original documents would only be
increased were it understood that attempts had been made to amend them.
The majority of the papers here reproduced are contained in the Canadian
Archives, and consist of copies from the originals in the Public Record Office in London.
I n some cases, however, the papers in the Public Record Office are themselves duplicates which were furnished at the time of framing the originals. I n almost every case
these documents have been again carefully compared ..with the originals before being
reproduced in this volume, and the proof has been read by Mr. R. Laidlaw and Miss
M. Robertson.
xiv CANADIAN ARCHIVES
6-7 EDWARD VII., A. 1907
It will be observed that the papers are drawn mainly from three series, which are
designated by the letters Q, B and M. This method of classification was originally
adopted by the Canadian Archives as an arbitrary though convenient mode of reference,
otherwise these letters have no special significance. The index to the volume was
prepared by Miss M. Robertson of the Archives Branch.
ADAM SHOETT
ARTHUR G. DOUGHTY.
«
6-7 EDWARD VII. SESSIONAL PAPER No. 18 A. 1907
D OC UM E N T S
RELATING”1
TO
THE CONSTITUTIONAL HISTORY OF CANADA
i
1831

6-7 EDWARD Vil. SESSIONAL PAPER No. 18 A. 1907
DOCUMENTS RELATING TOTHE CONSTITUTIONAL HISTORY OF CANADA
1759-1701
ART ICLES OF CAP ITULAT ION, QUEBEC.
La Capitulation demandée
d’autre part a été accordée
par Son Excellence General
Townshend Brigadier des armées de sa Majesté Britanique en Amérique de la Maniere & aux conditions exprimées cy dessous
Articles de Capitulation demandés Par Mr
de Ramzay Lieutenant Pour Le Roy Commandant Le”s hautes et Basse Ville de Quebec Ch”1
de L’ordre Royal & Militaire de S’
Louis à Son Excellence Monsieur Le General
des troupes de Sa Majesté Britannique.
1
The Articles of Capitulation of Quebec as here given are ta ke n from a photographic reproduction
of the original document, signed by Admi ral Charles Saunders, Brigadier Gene ral George Townshend and
M._ de Ramesay, which was enclosed in Townshend’s despatch to Pitt of the 20th Sept., 1759,
giving the official aocount of the captu re of Quebec. The despatch and t he enclosed Articles of Capitulation
are preserved in t he Public Record Office. London, in Vol. 88 of t he papers relating to ‘Ame rica and the
West Indies. ‘ I n his despatch General Townshend thus alludes to the Capitulation :’ T he 17t h at noon
before we had a n y Batte ry erected or could have had any for 2 or 3 days’. A Flagg of T ruce came out with proposals of Capitulation, which I sent back again to Town allowing t hem four H o u r s to capitulate or no
farther Treaty. * * The F rench Officer retu rned at night with Te rms of Capitulation which with
the Admi ral were consider’d, agreed to, and signed, at 8 in ye
mo rning ye
18t h instant. The Te rms
you find we g ranted will I flatter myself be approved of by his Majesty considering ye
E nem y assembling in our Rear, & what is far mo re formidable T he very “Whet & Cold Season which threatened our
Troops with Sickness & t he fleet with some Accident. I t had made our Road so bad we could not b ring
up a Gun for some time, add to this ye
advantage of ent ring y8
Town with t he walls in a Defensible
State, and yB
being able to put a Garrison the re st rong enough to p revent all Surprise. These I hope will
be deem’d a sufficient Consideration for g ranting y° them. Te rms I have t he Honou r to propose to you.’
Admi ral Saunders, in a letrer to Pitt at the same time, also states, ‘ I enclose you a Copy of t he
Articles of Capitulation. ‘ Negotiations for t he capitulation appear to have commenced immediately after
trie battle of the Plains on the.13th of September, as Montcalm addressed a lette r to Townnhend on t h at
day, in which he acknowledged t hat he was compelled to surrender. On the 14th, M. de Ramesay received
a communication from the B ritish Commande r referring to t he a r rangements for carrying out the truce ;
but the death of Montcalm which occurred on t he same day seems to have inte r rupted the proceedings.
I here are several variations in the wording alike of the F rench text and of t he English translation, or
version of the Articles of Capitulation, as given by different authorities. Some of these are from F re nc h
sources, others from English. As indicative of the variations in B ritish official sources we ma y ta ke t he
following versions of the int roducto ry clauses of the Capitulation :
Articles de Capitulation demandées pa r Mr
de Ramzay Lieutenant pour le H3y, Commandant les
Jaautes et Basses^VUles de Québec, Chevalier de l’Ordre Royal et Militai re de S ‘L o ui s, à Son Excellence
Monsieur le Général des,Troupes de Sa Majesté B rita nni q ue: La Capitulation demandée d ‘aut re P a î t a
ete accordée par Son Excellence General Townshend, Brigadier des Armes de Sa Majesté B ritannique
e U ,5e r’Qu e> de la Manie re et aux Conditions exprimées cy-dessous :
(Papers relative to the P rovince of Quebec, ordered to be printed 21st Ap ril 1791. Copied in Canadian
Archives, Q. 62 A, Pt. 1, p. 103.)
A R T I C L E S D E C A P I T U L A T I O N
Oh P I
e m f
n
^
e
Par M. de Ramsay, Lie ute na nt pour le Roi, commandant les H a ut e et Basse-villes de Québec,
” T n ^Vr (^
r e
.
n
úlitai re de St. Louis, à sonExçellence le Général des Troupes des sa Majesté B ritannique.
_, La Capitulation demandée de l’aut re part, a été accordée p a r s o n Excellence 1Ami ral Saunders, et son
¡7-fn<: e ' e Général Townshend, &c. &e. &c. de la manière et condition exprimée ci-dessous." . 'Capitulations and Ext racts of T reaties Relating to Canada ; with Hi s Majesty's P roclamation of 1765, establishing the Government of Quebec, p. 3. P ri nt e d b y Willian Vondenvelden, L aw P ri nte r to t h e -&-mg s Most Excellent Majesty. 1797.) 1 8 - 3 - 1 $ CANADIAN ARCHIVES La garnison de la ville Composée des troupes de terre de marinne et matelots sortiront de la ville avec armes et Bagages Tambour Battant meche allumée avec deux pieces de Canon de france Et douze Coups atirer pour chaque piece Et sera Embarqué le plus Commodément possible pour être mise en france au premier port. Accordé armes Bas en mettant les 3. accordé— accordé— accordé— 6. libre Exercice de la Religion Romaine, sauves gardes accordées a toutes personnes Religieuses ainsi qua Mr Leveque qui pourra venir Exercer Librement et avec Décence Les fonctions de son Etat lorsqu'il le Jugera a propos jusqu a ce que la possession du Canada ayt été Décidée entre Sa Majesté B. et S. M. T. C. 6-7 EDWARD VII., A. 1907 ARTICLE PREMIER M r de Ramzay demande Les honneurs de la guerre Pour sa Garnison & qu'EUe soit ramenée à L'armée E n sûreté par Le Chemin Le plus Court, avec armes, bagages, six pieces de Canon de fonte, Et deux mortiers ou obusiers et Douse coups à tirer par piece ART. 2. Que Les habitans soient Conservés dans La possession de leurs maisons, biens, effets et privileges. ART. 3. Que Les dits habitans ne pourront être recherchés pour avoir porté Les armes à la deffense de la ville, attendu qu'ils y ont été forcés & que les habitans des Colonies des deux couronnes y servent Egalement comme Milices. ART. L Qu'il ne sera pas touché aux effets des officiers & habitans absens ART. 5. Que les dits habitans ne seront point transféré5 *, ni tenus de quitter Leurs maisons Jusqu'à ce qu'un traité définitif entre S. M T. C. & S. M. B. aye reglé leur état. ART. 6. Que L'Exercice de Larelligion Catholique apostolique & romaine sera conservé, que L'on Donnera des sauve gardes aux maisons des Ecclésiastiques, relligieux & relligieuses particulièrement à Mgr L'Evêque de Quebec qui, rempli de zèle pour La relligion Et de Charité pour le peuple de f-on Diocese desire y rester Constamment, Exercer Librement & avec La Decense que son Etat et les sacrés mystères de la relligion Catholique Apostolique & Romaine, Exigent, son Authorité Episcopale dans La ville de Quebec Lorsqu'il Jugera à propos,Jusqu'à ce que la possession Du Canada ait Eté décidée par vn traité Entre S. M. T. C. & S. M. B. CONSTITUTIONAL DOCUMENTS 5 SESSIONAL PAPER No. 18 accordéaccordé9. accordó10. accordé 11. accordé ART. 7. . Que L'artillerie & les Munitions de guerre seront remises de bonne foy et Qu'il en sera Dressé un Inventaire. AET. 8. Qu'il En sera un pour Les Malades, blessés, Commissaire, Aumôniers,-Médecins, Chirurgiens, Apoticaires & autres personnes Employés au service des hôpitaux Conformément au traité d'échange du 6. février 1759. Convenu Ent re Leurs M. T. C. & B. ART. 9. Qu'avant de livrer La porte & l'entrée de La ville aux troupes Angloises, leur general voudra bien remettre quelques soldats pour Et re mis en sauve gardes Aux Eglises, couvents & principales habitations. AET. 10. Qu'il sera Permis au Lieutenant de Roy commandant dans La ville de Quebec d'Envoyer Informer Mr Le Marquis de Vaudreuil Gouverneur General de La reddition de La place, Comm'aussi que Ce General pourra Ecrire au Ministre de france pour L'en Informer. ART. 11. Que La presente Capitulation sera Exécutée suivant sa forme & teneur sans qu'elle puisse Et re sujette à Inexécution sous pretexte de représailles ou D'vne Inexécution de Quelque Capitulation precedente. Le present traité a été fait et arrêté Double entre Nous au Camp devant Quebec le 18e Septembre 1759 . CHA : SAUNDERS. GEO : TOWJSTSHEND. ' D E R A M E S A Y 6 CANADIAN ARCttIVES 6-7 EDWARD VII., A. 1907 (Translation.) 1 ART ICLES OF CAP ITULAT ION Demanded by Mr. de Ramsay, the King's Lieutenant, commanding the high and low Towns of Quebec, Chief of the military order of St. Lewis, to His Excellency the General of the troops of His Britannic M ajesty. " The Capitulation demanded " on the part of the enemy, and granted by their Excellencies Admiral Saunders " a n d General Townshend, &. &c. &c. is in manner and form hereafter expressed." I. Mr. de Ramsay demands the honours of war for his Garrison, and that it shall be sent back to the army in safety, and by the shortest route, with arms, bagage, six pieces of brass cannon, two mortars or howitzers, and twelve rounds for each of them.*" The " Garrison of the town, composed of Land forces, marines and sailors, shall march out " with their arms and bagage, drums beating, matches lighted, with two pieces of french " cannon, and twelve rounds for each piece ; and shall be embarked as conveniently aa " possible, to be sent to the first port in France." I I. That the inhabitants shall be preserved in the possession of their houses, goods, effects, and privileges." Granted, upon their laying down their arms." I I I . That the inhabitants shall not be accountable for having carried arms in the defence of the town, for as much as they were compelled to it, and that the inhabitants of the colonies, of both crowns, equally serve as militia." Granted." IV.** That the effects of the absent officers and citizens shall not be touched." Granted." V. That the inhabitants shall not be removed, nor obliged to quit their houses, until their condition shall be settled by their Britannic, and most Christian Majesties " Granted." V I. That the exercise of the Catholic, Apostolic and Roman religion shall be maintained ; and that safe guards shall be granted to the houses of the clergy, and to the monasteries, particularly to his Lordship the Bishop of Quebec, who, animated with zeal for religion, and charity for the people of his diocese, desires to reside in it constantly, to exercise, freely and with that decency which- his character and the sacred offices of the Roman religion require, his episcopal authority in the town of Quebec, whenever he shall think proper, until the possession of Canada shall be decided by a treaty between their most Christian and Britannic Majesties." The free exercise of the roman religion is granted, " likewise safe-guards to all religious persons, as well as to the Bishop, who shall be at " liberty to come and exercise, freely and with decency, the functions of his office, when- " ever he shall think proper, until the possession of Canada shall have been decided " between their Britannic and most Christian Majesties." 1 The French text of the Articles of Capitulation being the official one, there is no authoritative English version. The English text here given follows that contained in "Capitulations and Extracts of Treaties Relating to Canada," already^ cited, and which corresponds to the French text there given. This version, as regards the British concessions, is practically identical with that contained in Knox's " Historical Journal of the Campaigns in North America." Vol. I I, p. 87, as also in the " Annual Register " for 1759, p. 247. The version contained in " Papers Relative to the Province of Quebec, " of 1791, differs slightly from these. CONSTITUTIONAL DOCUMENTS. 7 SESSIONAL PAPER No. 18 V I I. That the artillery and "warlike stores shall be faithfully given up, and that an inventory of them shall be made out," Granted." V I I I . » That the sick and wounded, the commissaries, Chaplains, Physicians, Surgeons, Apothecaries, and other people employed in the service of the hospitals, shall be treated conformably to the cartel of the 6th of February, 1759, settled between their most Christian and Britannic Majesties." Granted." IX. That before delivering up the gate and the entrance of the town to the English troops, their General will be pleased to send some soldiers to be posted as safe-guards upon the churches, convents, and principal habitations.•" Granted," X. That the King's Lieutenant, commanding in Quebec, shall be permitted to send information to the marquis de Vaudreuil, Governor General, of the reduction of the place, as also that the General may send advice thereof to the french Ministry. " Granted." X I . That the present capitulation shall be executed according to its form and tenour, without being subject, to non execution under pretence of reprisals, or for the nonexecution of any preceding capitulations.• " Granted." Duplicates hereof taken and executed by, and between us, at the camp before Quebec, this 18th Day of September, 1759. CHARLE S SAUNDER S, GEORGE TOWNSHEND, DE RAMSAY. 8 ' ' CANADIAN ARCHIVES 6-7 EDWARD VII., A. 1907 ART ICLES OP CAP ITULAT ION, MONTREAL. * COPIE : Articles de Capitulation Ent re Son Excellence Le General Amherst Commandant en Chef Les Troupes & Forces de Sa Majesté Britanique En L'Amérique Septentrionale, Et Son Excellence Le Mia de Vaudreiiil, Grand Croix de L'Ordre Royal, et Militaire de S' Louis, Gouverneur et Lieutenant Gêné-. rai pour Le Roy en Canada. ART : 1er Vingt quatre heures après La Signature de la présente Capitulation, Le Général Anglois fera prendre par Les Troupes de Sa Majesté Britanique, possession des portes de La Ville de Montreal et La Garnison Angloise ne poura y Entrer qu'après L'Evacuation des Troupes Francoises. A E T : 2. Les Troupes et les Milices qui seront en Garnison dans La Ville de Montreal, En Sortiront par la porte de avec 1 The Articles of Capitulation of Montreal as here given, are taken from the copy enclosed in the despatch of General Amherst to Pitt, dated "Camp of Montreal.'' 8th Sept., 1760, as contained in Vol. 93 of the papers relating to " America and the West Indies," in the Public Record Office. Another text is given in the " Capitulations and Extracts of Treaties Relating to Canada. " 1797. In his despatch to Pitt, Gen. Amherst thus alludes to the circumstances of the capitulation :"7t h in the morning two Officers came to an advanced Post with a Letter from the Marquis de Vaudreuil, referring me to what one of them, Le Colonel Bouguinville, had to say. ' (Proposing a truce for a month.) " The conversation ended with a Cessation of Arms' till twelve o'clock, at which time the Proposals came. I returned mine, and wrote to the Marquis de Vaudreuil, this was followed by another letter from the Governour, I sent my Answer ; I then received a Letter from Monsieur de Levis which I answered. _ The Troops !ay on their Arms at Night, and soon after day I had a Letter from the Marquis de Vaudreuil, which I answered, and sent Major. Aberorombie into Town, to bring me the Articles of Capitulation, signed by the Marquis de Vaudreuil, of which I have sent him a duplicate, signed by me, and Colonel Haldimand with the Grenadiers and Light Infantry of the Army has taken possession of a Port and will proceed tomorrow in fulfilling the Articles of Capitulation. * * * I enclose to you, Sir, a Copy of the Articles of Capitulation with Copys of all the Letters that have passed for your full information of the whole Transaction." An account of the proceedings connected with the Capitulation of Montreal, from the French side, is given in a document entitled "Suite de la Campagne en Canada"; 1760, in the "Collection de Documents Relatifs à l'Histoire de la Nouvelle-France." Quebec, 1885, vol. IV., pp. 304 6. From this, among other French documents relative to this event, we learn that on the evening of Sept% 6th, the Marquis de Vaudreuil summoned the leading officers of the land and marine forces to meet at his quarters to discuss the general situation and consider terms of capitulation which had been drawn up and which were read by the Intendant Bigot. The impossibility of any longer maintaining a successful resistance was generally acknowledged, and M. de Bougainville was commissioned to propose to General Amherst, on the morning of the 7th, a general cessation of hostilities, awaiting possible news of a peace between the two countries. But, should Amherst not agree, he was authorized to propose the terms of capitulation which had been read before the council of war. The 7th was occupied with these negotiations, the submission of the French terms, and the reception of General Amherst's reply. During the evening of that day_ there took place a vigorous interchange of views verbal and written, between the Chevalier de Levis and his chief officers, on the one hand, and the Marquis de Vaudreuil, on the other, in which the officers strenuously objected to the conditions imposed by Amherst and advocated a desperate resistance in the hope of securing better terms for the army. Vaudreuil, however, refused to sacrifice the general welfare of the colony in a futile support •oí the professional pride of the officers. Hence, notwithstanding his vigorous protests, Levis was ordered to submit to the terms prescribed by Amherst. Although Vaudreuil appears to have acted for the best, his course was severely criticized by the French Court-at the time. Toute la Garnison deMontreal doit mettre bas les Armes, et ne Servira point pendant la presente G u e r r e ; immédiatement après la Signature de la presente, les Troupes du Roy prendront possession d e s Portes, et posteront les Gardes nécessaires pour maintenir le bon Ordre dans La Ville. CONSTITUTIONAL DOCUMENTS 9 SESSIONAL PAFER No. 18 Toutes ces Troupes ne doivent point servir pendant la presente Guerre, et mettront pareillement les Armes bas ; le Reste est Accordé. Accordé. Ces Troupes d o i v e n t comme les Autres, mettre bas les Armes. Refusé. 'C'est tout ce qu'on peut demander sur Cette Article. tous les honeurs de la Guerre, Six pieces de Canon, et U n Mortier, qui seront Chargés dans Le Vaisseau où Le Marquis de Vaudreùil Embarquera, avec dix Coups à tirer par piece. Il En sera Usé de même pour la Garnison des trois Rivieres pour les honeurs de la Guerre. A R T : 3. Les Troupes et Milices qui seront en Garnison dans le Port de .Jacques Cartier, Et dans L'Isle Ste Hélène, à Autres Ports, seront traittée, de même Et auront les mêmes honeurs?; Et ces Troupes Se rendront à Montreal, où aux 3 Rivières, ou à Quebec, pour y Estre toutes Embarquées pour le premier port de Mer en France, par le plus Court Chemin. Les Troupes qui sont dans nos postes Situés sur Nos Frontières, du Costé de L'Accadie, au Détroit, Michilimakinac, et Autres postes, jouiront des mêmes honeurs et seront Traittées de même. ART : 4. Les Milices, après Estre Sorties des Villes et des Ports et Postes Cydessus, retourneront Chez Elles, sans pouvoir Estre Inquiettées, Sous quelque prétexte que ce soit, pour avoir porté Les Armes. ART : 5. Les Troupes qui Tiennent la Campagne Lèveront leur Camp, Marcheront, Tambour battant, Armes, bagages et avec leur Artillerie, pour Se joindre à La Garnison de Montreal, Et auront en tout le même Traitement. ART : 6. Les Sujets de Sa Majesté Britanique Et de Sa Majesté Très Chrétienne, Soldats, Miliciens, ou Matelots, qui auront Désertés, où Laissé Le Service de leur Souverain, et porté Les Armes dans L'Amérique Septentrionale Seront de part et d'autre pardonés de leur Crime ; Us seront respectivement rendus à leur patrie ; Sinon Ils resteront chacun ou Ils sont, sans qu'ils puissent Estre recherchés ni Inquiettés. A R T : 7. Les Magazins, L'Artillerie, Fusils, Sabres, Munitions de Guerre et généralement tout ce qui apartient à S. M. T. C. Tant dans les Villes de Montreal et 3 Rivieres, que dans 10 CANADIAN ARCHIVES 6-7 EDWARD VII., A. 1907 Les Malades et Blessés seront Traité de même que Nos propres Gens. Le premier Refusé Il n'y a point eu des Cruautés Commises par les Sauvages de Nôtre Armée : Et le bon Ordre sera maintenu. Kepondu par L'Article precedent. Le Marquis de Vaudreuil, Et tous ces Messieurs seront Maitres de leurs Maisons, et s'Embarqueront dès que les Vaisseaux du Roy seront prêts à faire Voile pour l'Europe : Et on leur accordera toutes les Commodités qu'on pourra. Accordé ; Excepté les Archives qui pouront Et re neles Forts et Postes Mentionés en L'Article 3, Seront Livrés par des Inventaires Exacts, aux Comissaires qui seront préposés pour les recevoir au Nom de S. M. B.Il sera remis au MIS de Vaudreuil des Expeditions en bonne forme des d : I nventaire. AR T : 8. Les Officiers, Soldats, Miliciens, Matelots, et Même Les Sauvages détenus pour Cause de leurs Blessures, ou Maladie, tant dans les hôpitaux que dans les Maisons particulières, Jouiront des privilèges du Cartel, et Traittés Conséquament. AR T : 9. Le Général Anglois S'Engagera de renvoyer chez Eux Les Sauvages Indiens, Et Moraigans qui font Nombre de Ses Armées, d'abord après La Signature de La presente Capitulation, Et Cependant pour provenir tous désordres de la part de Ceux qui ne Seroient pas partis, Il sera donné par le Général des Sauve-Gardes aux personnes qui En demanderont, tant En Ville que dans les Campagnes. A B T : 10. Le Général de Sa Majesté Britanique garentira tous desordres de la part de Ses Troupes ; Les assujettira à payer les domages qu'Eues pouroient faire, tant dans les Villes que dans les Campagnes. AR T : 11. Le Général Anglois ne poura obliger Le Mls de Vaudreuil de Sortir de la Ville de Montreal avant le Et on ne poura Loger personne dans Son hôtel Jusques à Son départ M. Le' Cher Levis Comandant Les Troupes de Terre ; Les Officiers principaux, Et Majors des Troupes de Terre et de la Colonie, Les Ingénieurs, Officiers d'Artillerie, et Comissaire des Guerres, resteront pareillement à Montreal jusqu'au d. Jour, Et y Conserveront leurs Logemens. Il E n Sera Usé de même à L'Egard de M. Bigot Intendant, des Comissaires de La Marine, Et Officiers de plume dont mon d : S. Bigot aura besoin : Et on ne poura Egalement Loger personne à L'Intendance avant Le départ de Cet Intendant AR T : 12. Il sera destiné pour le passage en droiture au premier port de Mer en france, du M1 * de CONSTITUTIONAL DOCUMENTS 11 SESSIONAL PAPER No. 18 cessaires pour le Gouvernement du pais. Ce que Le Roy pouroit avoir fait à ce Sujet, sera Obéi. Accordé : Excepté que M. Le Mls de Vaudreuil, et tous les Officiers de quelque Rang qu'ils puissent être Nous remettrons de bonne foy toutes les Cartes et plans du Païs. Accordé ; avec la même reserve que par l'Article precedent. Accordé. Vaudreiiil, Le Vaisseau Le plus Comode qui Se trouvera : Il y sera pratiqué Les Logemens Nécessaires pour Lui, MadB La Marquise de Vaudreuil, M. de Rigaud, Gouverneur de Montreal, Et La Suitte de ce Général. Ce ^ aisseau sera pourvu de Subsistances Convenables aux dépens de Sa Mté Britanique, Et Le Mls de Vaudreuil Emportera avec Lui Ses papiers, Sans qu'ils puissent Estre Visités, Et II Embarquera- Ses Equipages, Vaisselle, bagages, Et Ceux de Sa Suitte. A E T : 13. Si avant où après L'Embarquement du Mls de Vaudreiiil, La Nouvelle de la paix arrivoit, Et que par Le Traitté Le Canada resta à Sa Mté T. C. Le Mls de Vaudreuil reviendrait à Quebec, ou à Montreal :• Toutes Choses rentreroient dans leur premier Estât sous la domination de Sa Mté T. C. Et La présente Capitulation deviendroit Nulle et sans Effet quelconques. A E T : 14 Il sera destiné deux Vaisseaux pour le passage en France de M. Le Cher de Levis, des Officiers principaux, Et Estât Major Général des Troupes de Terre ; Ingénieurs, Officiers d'Artillerie, Et Gens qui sont à leur Suitte. Ces Vaisseaux seront Egalement pourvus de Subsistances ; Il y sera pratiqué Les Logemens necesaires. Ces Officiers pouront Emporter leurs papiers, qui ne Seront point Visités ; Leurs Equipages et Bagages. Ceux de Ces Officiers qui Seront Mariés auront La Liberté d'Emmener avec Eux leurs Femmes et Enfans, Et la Subsistance leur Sera fournie. A E T : 15. Il En Sera de même destiné Un pour Le passage de Mr Bigot Intendant et de Sa Suitte, dans lequel Vaisseau, Il sera fait les aménagemens Convenables, pour lui, Et les personnes qu'il Emmènera. Il y Embarquera Egalement Ses papiers, qui ne Seront point Visités, Ses Equipages, Vaisselle, et bagages, et Ceux de Sa Suitte. Ce Vaisseau Sera pourvu de Subsistances Comme II est dit Cy devant. A E T : 16. Le Général Anglois fera aussi fournir pour M. de Longueüü Gouverneur des 3. Rivieres, pour les Estats Majors de La Colonie, Et Les Comissaires de La Marine, Les Vaisseaux CANADIAN ARCHIVES 6-7 EDWARD VII., A. 1907 Accordé. Accordé. Accordé. Accordé. nécessaires pour se rendre En france, Et le plus Comodement qu'il Sera possible ; Ils pouront y Embarquer Leurs Familles Domestiques, bagages, et Equipages ; Et la Subsistance leur Sera fournie pendant la Traversée sur un pied Convenable, aux dépens de Sa Mw Britanique. A E T : 17. "Les Officiers "et Poldats, Tant des Troupes de Terre, que de La Colonie, ainsi que les Officiers Marins et Matelots, qui se trouveront dans la Colonie, seront aussi Embarqués pour France, dans les Vaisseaux qui leur Seront Destinés, En Nombre Sufisant, et Le plus Comodement que faire se pou ra... Les Officiers de Troupes et Marins, qui seront mariés pouront Emmener avec Eux leurs Familles ; Et tous auront La Liberté d'Embarquer leurs Domestiques et Bagages, Quant aux Soldats et Matelots, Ceux qui Seront Mariés pouront Emmener avec Eux Leurs Femmes et Enfans, Et tous Embarqueront leurs havre Sacs et Bagages.Il Sera Embarqué dans ces Vaisseaux Les Subsistances Convenables et sufisantes aux dépens de Sa M w Britanique. A B T : 18. Les Officiers, Soldats, et tous Ceux qui sont à la Suitte des Troupes, qui auront leurs Bagages dans les Campagnes, pouront les Envoyer Chercher avant leur départ, Sans qu'il leur Soit fait aucun Tort, ni Empeschement. A R T : 19. Il Sera fourni par le Général Anglois un Bâtiment d'hôpital pour Ceux des Officiers, Soldats & Matelots, blessés ou Malades, qui | seront En Estât d'Estre transportés E n fran- / ce, Et la Subsistance Leur Sera Egalement ! fournie aux dépens de Sa M*8 Britanique : Il E n Sera Usé de même à L'Egard des I Autres Officiers, Soldats, et Matelots, blessés, ou Malades, aussitost qu'ils Seront rétablis. Les Uns et les Autres pouront Emmener Leurs Femmes, Enfans, Domestiques, et Bagages ; Et les d : Soldats et Matelots ne pouront Et re Sollicités, ni forcés à prendre parti dans Le Service de Sa Mw Britanique. A R T : 20. Il Sera Laissé un Comissaire, et un Ecrivain de Roy pour avoir Soin des hôpitaux, et Veiller à tout ce qui aura raport au Service de Sa MtB Très Chrétienne. CONSTITUTIONAL DOCUMENTS 13 SESSIONAL PAPER No. 18 Accordé, mais s'ils ont des papiers qui concernent le Gouvernement du païs, Us doivent IsTous les remettre. Tous Ceux dont les Affaires particulières exigent qu'ils restent dans le pais, et qui en ont la permission de M. Vaudreüil, seront permis de rester Jusqu'à ce que leurs Affaires soient terminées. Accordé. Tout ce qui se trouve dans les Magazins destmés à L'Usage des Troupes, doit être délivré au Commissaire Anglois pour les Troupes du Roy. Accordé. A R T : 21. Le General Anglois fera Egalement fournir des Vaisseaux pour Le passage en france des Officiers du Conseil Supérieur, de Justice, police, de L'Amirauté, et tous Autres Officiers ayant Comissions où Brevets de Sa M'8 Tres Chrétienne, pour Eux, leurs Familles, Domestiques, et Equipages, Comme pour les Autres Officiers : Et La Subsistance leur Sera fournie de même aux dépens de Sa Mté Britanique.Il leur • Sera Cependant Libre de rester dans la Colonie, S'ils le Jugent apropos, pour y arranger Leurs Affaires, ou de Se retirer En france, quand bon Leur Semblera. A R T : 22. S'il y a des Officiers Militaires dont les Affaires Exigeât leur présence dans la Colo nie Jusqu'à L'Année prochaine, Ils pouront y rester, après En avoir eu La permission du M ls de Vaudreüil, Et sans qu'ils puissent Estre réputés Prisoniers de Guerre. ART : 23. Il sera permis au Munitionaire des Vivres du Roy, de demeurer en Canada Jusqu'à L'Année prochaine pour Estre En Estât de faire face aux dettes qu'il a Contractées dans la Colonie, relativement à Ses fournitures ; Si néantmoins 11 préfère de passer En france cette Année II sera obligé de Laisser Jusque-) à L'Année prochaine Une personne pour faire Ses Affaires. Ce particulier Conservera et poura Emporter tous Ses papiers, Sans Estre Visités... Ses Comis auront La Liberté de rester dans La Colonie, ou de passer en Prance, Et dans ce dernier Cas, Le passage et la Subsistance leur Seront Accordés Sur les Vaisseaux de Sa Mté Britanique, pour Eux, Leurs familles, et leurs bagages. ART : 24. Les Vivres et Autres aprivisionement qui se trouveront E n Natu re dans les Magasins du Munitionaire, Tant dans les Villes de Montreal, et des 3. Rivieres, que dans les Campagnes, Lui Seront Conservés, Les d : Vivres Lui apartenant et Non au Roy, Et II lui Sera Loisible de les Vendre aux françois ou aux Anglois. • ART : 25. Le passage E n france Sera Egalement accordé sur les Vaisseaux de Sa M*6 Britanique, ainsi que la Subsistance, à Ceux des Officiers 14 CANADIAN ARCHIVES 6-7 EDWARD VII., A. 1907 Accordé pour ce qui peut appartenir à la Compagnie ou aux particuliers, mais Si Sa Majesté Très Chrétienne y a aucune part, Elle doit être au profit du Roy Accordé, pour le Libre Exercise de leur Religion. L'Obligation de payer la Dixme aux Prêtres, dépendra de la Volonté du Roy. Accordé Accordé, Excepté ce qui regarde l'Article Suivant. de la Compagnie des Indes qui Voudront y passer, Et Ils Emmèneront leurs familles domestiques et bagages... Sera permis à L'Agent principal de la d6 : Compagnie, Suposé qu'il Voulut passer en france de Laisser telle personne qu'il Jugera apropos Jusques à L'Année prochaine, pour terminer les Affaires de la de . Compie : et faire le recouvrement des Sommes qui lui sont diie^. L'Agent principal Conservera tous les Papiers de la de Compagnie, Et Ils ne pouront Estre Visités. A R T : 26. Cette Compagnie Sera maintenue dans la propriété des Ecarlatines et Castors qu'Eue peut Avoir dans La Ville de Montreal ; Il n'y Sera point touché, Sous quelque prétexte que ce Soit, Et II Sera donné à L'Agent principal les facilités Nécessaires pour faire passer Cette Année En france Ses Castors •Sur les Vaisseaux de Sa Mté Britanique, En payant le fret sur le pied, que les Anglois le payeraient. A R T : 27. Le Libre Exercice de la Religion Catolique, Apostolique et Romaine Subsistera En Son Entier ; En Sorte que tous Les Estats et les peuples des Villes et des Campagnes, Lieux et postes Eloignés pouront Continuer de S'assembler dans les Eglises, et de frequenter les Sacremens, Comme Cy devant, Sans Estre Inquiétés, En Aucune Maniere directement, ni Indirectement. Ces peuples seront Obligés par le Gouvernement Anglois à payer aux prestres qui en prendront Soin, Les Dixmes, et tous les droits qu'ils avoient Coutume de payer sous le Gouvernement de Sa Mte tres Chrétienne. A R T : 28. Le Chapitre, Les Prestres, Curés et Missionaires, Continueront avec Entière Liberté leurs Exercises et fonctions Curiales dans les paroisses des Villes et des Campagnes. A R T : 29. Les Grands Vicaires E ornés par le Chapitre pour administrer le Dioceze pendant la Vacance du Siege Epi&copal, pouront demeurer dans les Villes où paroisses des Campagnes, Suivant qu'ils le Jugeront à propos. Ils pouront En tout Temps Visiter les différentes paroisses du Dioceze, avec les Cérémonies Ordinaires, Et Exercer toute La Jurisdiction qu'ils Exerçoient sous la domi- CONSTITUTIONAL DOCUMENTS IS SESSIONAL PAPER No. 18 Refusé. - C'est Article est compris sous le precedent. Accordé. Refusé Jusqu'à ce que I3 plaisir du Roy soit Connu. Accordé. nation françoise.Ils Jouiront des mêmes droits En Cas de Mort du futur Evesque, dont II sera parlé à L'Article Suivant. AR T : 30. Si par Le Traitté de paix, Le Canada restoit au pouvoir de Sa MtB Britanique, Sa Mté Tres Chretieñe Continueroit à Nomer L'Evesque de La Colonie, qui Seroit toujours de la Comunión Romaine, et Sous L'Autorité duquel les peuples Exerceraient La Religion Romaine. AR T : 31. Boura Le Seigneur Evesque Etablir dans le besoin de Nouvelles paroisses, Et pourvoir au rétablissement de Sa Cathedi*ale et de Son Palais Episcopal ; Et II Aura En Attendant la Liberté de demeurer dans les Villes, ou paroisses, Comme II le Jugera apropos.Il poura Visiter son Dioceze avec les Ceremonies Ordinaire, Et Exercer toute La Jurisdiction que son prédécesseur Exerçoit sous la domination françoise ; sauf a Exiger de Lui Le Serment de fidélité, où promesse de ne rien faire, ni rien dire Contre Le Service de Sa Mté Britanique. A r t : 32. Les Comunautés de filles Seront Conser vées dans leurs Constitutions et privileges Elles Continueront d'Observer leur s règles Elles seront Exemptes du Logement de Gens de Guerre, Et II Sera fait dt ffenses de Les Troubler dans Les Exercices de pieté qu'Elles pratiguent, ni d'Entrer chez Elles ; On leur donnera même des Sauves Gardes, Si Elles E n demandent. A R T : 33. Le precedent Article Sera pareillement Exécuté à L'Egard des Comunautés des J e suites et Recolets, et de la Maison des prestres de S' Sulpice à Montreal ; Ces derniers et Les Jésuites Conserveront Le droit qu'ils ont de ISTomer à Certaines Cures et Missions, Comme Cy devant* A R T : 34. Toutes les Comunautés, Et tous les prestres Conserveront Leurs Meubles, La propriété, Et L'Usufruit des Seigneuries, Et Autres biens que les Uns et les Auires possèdent dans la Colonie de quelque Nature qu'ils Soient, Et Les d : biens seront Conservés dans leurs privilèges, droits, honeurs, et Exemptions. 16 CANADIAN ARCHIVES 6-7 EDWARD VII., A. 1907 Ils seront les maîtres de disposer de leurs biens, et d'en passer le produit, ainsi que leurs personnes, et tout ce qui leur appartient, E n france. Accordé. Accordé comme par L'Article 26. A R T : 35. Si Les Chanoines, Prestres, Missionaires, Les Prestres du Séminaire des Missions Etrangères Et de S* Sulpice, <|insi que les Jésuites et Les Recolets, Veulent passer En frauce, Le passage leur sera Accordé sur les Vaisseaux de Sa Majesté Britanique ; Et Tous auront la Liberté de Vendre, E n total ou partie, Les biensfonds, Et Mobiliers qu'ils possèdent dans la Colonie, soit aux francois, ou aux Anglois, sans que le Gouvernement Britanique puisse y mettre le moindre Empeschement ni Obstacle. Ils pouront Emporter avec Eux, ou faire passer En france Le produit de quelque Tíature qu'il soit, des dB biens Vendus, en payant Le fret, Comme II est dit à L'Article 26. Et Ceux d'Entre Ces Prestres qui Voudront passer Cette Année, Seront Nouris pendant La Traversée aux dépens *de Sa M té Britanique, Et pouront Emporter avec Eux leurs bagages. ART : 36. Si par Le Traitté de Paix, Le Canada reste à Sa Mt0 Britanique, Tous Les François, Canadiens, Accadiens, Comerçant, et Autres personnes qui Voudront se retirer En france, Eft Auront la permission du Général Anglois qui leur procurera le passage.Et Néantmoins Si d'icy à Cette décision II Se trouvoit des comerçans francois où Canadiens, ou Autres personnes qui Voulussent passer E n france, Le Général Anglois Leur En donneroit Egalement la permi-sion Les Uns et les Autres Emmèneront avec Eux leurs familles domestiques et bagages. A R T : 37. Les Seigneurs de Terres, Les Officiers Mi litaires et de Justice, Les Canadiens, Tant des Villes que des Campagnes, Les francois Etablis ou Comerçant dans toute l'Etendue de La Colonie de Canada, Et Toutes Autres personnes que ce puisse Estre, rConserveront L'Entière paisible propriété et possession de leurs biens, Seigneuriaux et Roturiers Meubles et 'Immeubles, Marchandises, Pelleteries, et Autres Effets, même de Leurs batimens de Mer ; Il n'y Sera point touché ni fait le moindre domage, sous quelque prétexte que ce Soit :Il leur Sera Libre de les Conserver, Louer, Vendre, Soit aux François, ou aux Anglois, d'En Emporter Le } roduit E n Lettres de Change, pelleteries Es- CONSTITUTIONAL DOCUMENTS 17 SESSIONAL PAPER No. 18 C'est au Roy à disposer de Ses Anciens Sujets : en attendant Ils Jouiront des mêmes privileges que les Canadiens. A c c o r d é , Excepté l'égard des Acadiens. Accordé, à la reserve du dernier Article qui a déjà été refusé. Ils deviennent Sujets du Ï832 peces Sonantes, ou autres retours, Lorsqu'ils Jugeront à propos de passer en france, En payant le fret, Comme à L'Article 26. Ils Jouiront aussi des pelleteries qui sont dans les postes d'En haut, & qui leur apartiennent, Et qui peuvent même estre En Chemin de se rendre à Montreal. Et à cet Effet, Il leur Sera permis d'Envoyer dès cette Année, ou la prochaine, des Canots Equipés pour Chercher Celles de ces pelleteries qui auront restées dans ces postes. A R T : 38. Tous Les peuples Sortis de L'Accadie qui se trouveront en Canada, y Compris les frontières du Canada du Costé de L'Accadie, auront Le même Traitement que Les Canadiens, et Jouiront des mêmes privileges qu'Eux. A R T : 39. Aucuns Canadiens, Accadiens, ni Francois, de Ceux qui sont présentement en Canada, et sur les frontières de La Colonie du Costé de L'Accadie du Détroit, Michilimakinac, et Autres Lieux et Postes des pays d'Enhaut, ni les Soldats Mariés et non Mariés restant en Canada, ne pouront Estre portos, ni Transmigres dans les Colonies Angloises, ni en L'Ancienne Angleterre, Et Ils ne pouront Estre recherchés pour avoir pris Les Armes. ART : 40. Les Sauvages oñ Indiens Alliés de Sa Mté tres Chrétienne Seront maintenus dans Les Terres qu'ils habitent, S'ils Veulent y rester ; Ils ne pouront Estre Inquiétés Sous quelque prétexte que ce puisse Estre, pour avoir pris les Armes et Servi Sa Maté très Chrétienne. Ils auront Comme les François, la Liberté de Religion et Conserveront leurs Missionaires.Il sera permis aux Vicaires généraux Actuels Et à L'Eveque, lorsque Le Siege Episcopal Sera rempli, de let/r Envoyer de Nouveaux Missionaires Lorsqu'ils Le Ju - geront Nécessaire. AR T : 41. Les francois, Canadiens, E t Accadiens, qui resteront dans La Colonie, de quelque Estât et Condition qu'ils Soient, ne Seront, ni ne pouront Estre forcés a prendre les Armes Contre Sa Mté très Chrétienne, ni Ses Alliés, directement, ni Indirectement, dans quelque R16 CANADIAN ARCHIVES Répondu par les Articles précédents, et particulièrement par le dernier. Accordé avec la reserve déjà faite. Il en est de même de cet Article. Accordé.- Accordé.- Accordé, Excepté Ceux qui auront étés faits Prisonniers. 6-7 EDWARD VII., A. 1907 Occasion que ce Soit. Le Gouvernement Britanique ne poura Exiger d'Eux qu'Une Exacte Neutralité. ART : 42. Les francois et Canadiens Continueront d'Estre Gouvernés Suivant La Coutume de Paris et les Loix et Usages Etablis pour ce pays; Et Ils ne pouront P'stre Assujettis à d'Autres Impots qu'a Ceux qui Estoient Eta - blis sous la domination françoise. A R T : 43. Les papiers du Gouvernement resteront sans Exception au pouvoir du Mls de Vaudreûil, Et passeront en france avec lui. Ces papiers ne pouront Estre Visites sous quelque prétexte que ce Soit. ART : 44. Les papiers de L'Intendance, des Bureaux du Controle de La Marine, des Trésoriers Ancien et Nouveau, des Magazins du Roy, du Bureau du Domaine et des forges S' Maurice, resteront au pouvoir de M. Bigot, Intendant, Et Ils Seront Embarqués pou r france dans le Vaisseau ou II passera. Ces papiers ne Seront point Visités. ART : 45. Les Registres et Autres papiers dû Conseil Supérieur de Quebec, de la Prevosté Et Amirauté de la même Ville, Ceux des Jurisdictions Royales des trois Rivieres et de Montreal ; Ceux des Jurisdictions Seigneuriales de la Colonje ; Les Minutes des Actes des Notaires des Villes et des Campagnes, Et généralement Les Actes & Autres papiers qui peuvent Servir à Justifier L'Estat et la fortune des Citoyens, resteront dans La Colonie 'dans les Greffes des Jurisdictions dont Ces papiers dépendent. AR T : 46. Les Habitans et Négocians Jqiiiront déferas les privilèges du Comerce aux mêmes faveurs Et Conditions accordées aux Sujets de Sa Majesté Britanique, tant dans les pays d'Enhaut que dans L'Intérieur de La Colonie. ART : 47. Les Nègres et panis des deux Sexes, resteront En leur qualité d'Esclaves, en la possession des francois et Canadiens à qui Ils apar- CONSTITUTIONAL DOCUMENTS 19 SESSIONAL PAPER No. 18 Accordé Accordé. - Accordé. - P. On Aura Soin que les Sauvages, n'insulte aucun des Sujets de Sa Majesté Très Chrétienne. 1832J tiennent ; Il leur Sera libre de les garder à leur Service dans la Colonie, ou de les Vendre, Et Ils pouront aussi Continuer à les faire Elever dans la Religion Romaine. A R T : 48. Il Sera permis au Mis de Vaudreiiil, aux Officiers généraux et Supérieurs des Troupes de Terre ; Aux Gouverneurs et Etats Majors des différentes places de La Colonie; Aux Officiers Militaires et de Justice, Et à toutes Autres personnes qui Sortiront de la Colonie, ou qui sont deja absents, de Nommer et Etablir des procureurs pour Agir pour Eux Et en leur Nom, dans l'administration de leurs biens Meubles et Immeubles, Jusqu'à ce que la paix Soit faite. Et si par le Traitté des deux Courones Le Canada ne rentre point Sous La domination françoise, Ces Officiers, ou Autres personnes, ou procureurs pour Eux, auront L'agrément de Vendre leurs Seigneuries, Maisons, et Autres biensfonds, Leurs Meubles et Effets, &ca, d'En Emporter, ou faire passer Le pïbduit en france, Soit E n Lettres de Change, Espèces Sonantes, pelleteries, ou Autres Retours, Comme II Est dit à L'Article 37. ART : 49. Les habitans et Autres personnes qui auront Soufert quelque domage En leurs biens, Meubles ou Immeubles restés à Quebec Sous la foy de la Capitulation de Cette Ville, pouront faire leurs representations au Gouvernement Britanique qui leur rendra La Justice, qui leur Sera due Contre qui II apartiendra. AR T : 50 E T DERNIER. La presente Capitulation Sera Inviolablement Exécutée En tous Ses Articles, de pa rt et d'autre et de bonne foy, Non obstant toute Infraction et tout autre prétexte par Raport aux précédentes Capitulations, et Sans pouvoir Servir de représailles. S. ART. 51. Le Général Anglois S'Engagera, En Cas qu'il reste des Sauvages, après La Redition de Cette Ville, à Empêcher qu'ils n'Ent rent dans Les Villes et qu'ils n'Insultent en Aucune Maniere, Les Sujets de Sa Mté Très Chrétienne. CANADIAN ARCHIVES Repondu par L'Article 11e Accordé.. % Accordé., Accordé à la reserve de ce qui regarde les Acadiens. Fait au Camp devant Montreal ce 8e Septembre 1760 6-7 EDWARD VI!., A. 1907 A R T : 52. Les Troupes et Autres Sujets de Sa Mté Très Chrétienne, qui doivent passer En franee, Seront Embarquées Quinze Jours au plus tard, après La Signature de la présente Capitulation. * A R T : 53. Les Troupes et Autres Sujets de Sa Mté très Chrétienne, qui devront passer E n france, resteront Logées, ou Campées dans la Ville de Montreal, Et Autres postes qu'Elles occupent présentement Jusqu'au moment OÏL Elles seront Embarquées pour le départ.Il sera néantmoins Accordé des passeports à Ceux qui En auront besoin, pour Les differens Lieux de la Colonie pour Aller Vaquer à leurs Affaires, A R T : 54. Tous les Officiers et Soldats des Troupes au Service de France qui Sont prisonniers à la Nouvelle Angleterre, et faits E n Canada, Seront renvoyés Le plustost qu'il Sera possible En france, oîi II Sera Traitté de leur Rançon, ou Echange, Suivant Le Cartel ; Et Si quelques Uns de Ces Officiers avoient des Affaires E n Canada, Il leur Sera permis d'y Venir. A R T : 55. Quant aux Officiers de Milices aux Miliciens, et aux Accadiens qui sont prisoniers à la Nouvelle Angleterre, Ils Seront renvoyés Sur leurs Terres. fait a Montreal le 8 Sep6 1760 V A U DRE Ü IL. J E F F : AMHERST, endorsed : Copy Articles of Capitulation Granted to the Marquis de Vaudreüil. 8 th Sepr 1760. CONSTITUTIONAL DOCUMENTS 21 SESSIONAL PArER No. 18 (Translation. )^ ART ICLES OF CAP ITULAT ION. Between their Excellencies Major G E N ER A L AMHERST, Commander in Chief of his Britannic Majesty's troops and forces in North-America, on the one part, and the Marquis de Vaudreuil, &c. Governor and Lieutenant-General for the King in Canada, on the other. ARTICLE 1ST. Twenty-four hours after the signing of the present capitulation, the British General shall cause the troops of his Britannic Majesty to take possession of the Gates of the town of Montreal : and the British Garrison shall not enter the place till after the French troops shall have evacuated it." The whole Garrison of Montreal must lay " down their arms, and shall not serve during the present war Immediately after the " signing of the present capitulation, the King's troops shall take possession of the " gates, and shall post the Guards necessary to preserve good order' in the town." ARTICLE I I D . The troops and the militia, who are in Garrison in the town of Montreal, shall go out by the gate of Quebec, with all the honours of war, six pieces of cannon and one mortar, which shall be put on board the vessel where the Marquis de Vaudreuil shall embark, with ten rounds for each piece ; and the same shall be granted to the Garrison of the Three Rivers, as to the honours of war." Referred to the next article." ARTICLE I I I D . The troops and militia, who are in Garrison in the Fort of Jacques Cartier, and in the Island of St. Helen, and other forts, shall be treated in the same manner, and shall have the same honours ; and these troops shall go to Montreal, or the Three Rivers or Quebec ; to be there embarked for the first sea port in Prance, by the shortest way. The troops, who are in our posts, situated on our frontiers, on the side of Acadia, at -Detroit, Michilimaquinac, and other posts, shall enjoy the same honours, and be treated in the same manner." All these troops are not to serve during the present war, and ' shall likewise lay down their arms, the rest is granted." ARTICLE I V T H . , _ The Militia after evacuating the above towns, forts and posts, shall return to their habitations, without being molested on any pretence whatever, on account of their having carried arms." Granted." ARTICLE VTH. The troops, who keep the field, shall raise their camp, drums beating, with their arms,, bagage and artillery, to join the garrison of Montreal, and shall be treated in e v e r y respect the same."These troops, as well as the others, must lay down their arms." Pn.nit'V.t?1 t l l e c a s e o £ t n e Articles of Capitulation of Quebec, the English version of the Articles of Oanad "î^o? Montre^> here given, follows that in ” Capitulations and Extracts of Treaties Relating to
49i i>T«-r> ° t n e r versions with slight variations are to be found in Knox’s ” J o u r nal ” Vol. I I., p.
m*k?« .
D o c u ments Relative to the Colonial History of the State of New York,” Vol. X., p. 1107, and
u
™w Annual Register ” for 1760, p. 222.
22 a AS ADÍAS ARCHIVES
6-7 EDWARD VII., A. 1907
ARTICLE V I T H .
The Subjects of his Britanic Majesty, and of his most Christian Majesty, Soldiers,
Militia or Seamen, who shall have deserted or left the service of their Sovereign, and
carried arms in North-America, shall be, on both sides pardoned for their crime ; “they
shall be respectively returned to their country ; if not, each shall remain where he is
without being sought after or molested.” Refused.”
ARTICLE V I I .
The Magazines, the artillery, firelocks, sabres, ammunition of war, and, in general
every thing that belongs to his most Christian Majesty, as well in the towns of Montreal and Three Rivers, as in the forts and post mentioned in the Third article shall be
delivered up, according to exact Inventories, to the commissaries who shall be appointed
to receive the same in the name of his Britannic Majesty. Duplicates of the said
Inventories shall be given to the Marquis de Vaudreuil.” This is every thing that can
” be asked on this article.”
ARTICLE V I I I ,
The Officers, Soldiers, Militia, Seamen and even the Indians, detained on account
of their wounds or sickness, as well as in the hospital, as in private houses, shall enjoy
the privileges of the cartel, and be treated accordingly.” The sick and wounded shall
” be treated the same as our own people.”
ARTICLE IX.
The British General shall engage to send back, to their own homes, the Indians,
and Moraignans, who make part of his armies, immediately after the signing of the
present capitulation, and, in the mean time, the better to prevent all disorders on the
part of those who may not be gone away, the said Generals shall give safe-guards to
such persons as shall desire them, as well in the town as in the country. ” The first part
” refused.”” There never have been any cruelties committed by the Indians of our
‘<-army : and good order shall be preserved." ARTICLE X. His Britannic Majesty's General shall be answerable for all disorders on the part of his troops, and shall oblige them to pay the Damages they may do, as well in the towns as in the country." Answered by the preceding article." ARTICLE X I . The British General shall not oblige the Marquis de Vaudreuil to leave the town of Montreal before and no person shall be quartered in his house till he is gone. The Chevalier de Levis, Commander of the land forces and colony troops, the Engineers, Officers of the Artillery, and Commissary of war, shall also remain at Montreal till the said day, and shall keep their lodgings. The same shall be observed with regard to M. Bigot, Intendant, the Commissaries of Marines and writers, whom the said M. Bigot shall have occasion for, and no person shall be lodged at the Intendant s house before he shall take his departure." The Marquis de Vaudreuil, and " all these gentlemen, shall be masters of their houses, and shall embark, when the " King's ship shall be ready to sail for Europe ; and all possible conveniences shall be " granted them." ARTICLE X I I . The most convenient vessel that can be found shall be appointed to carry the Marquis de Vaudreuil, M. de Rigaud, the Governor of Montreal, and the suite of this General, by the straitest passage to the first sea port in France ; and every necessary CONSTITUTIONAL DOCUMENTS 23 SESSIONAL PAPER No. 18 accommodation shall be made for them. This vessel shall be properly victualled at the «xpence of his Britannic Majesty : and the Marquis de Vaudreuil shall take -with him his papers, without their being examined, and his, equipages, plate, baggage, and also those of his retinue." Granted, except the archives -which shall be necessary for the " Government of the country." ARTICLE X I I I . If before, or after, the embarkation of the Marquis de Vaudreuil, news of Peace should arrive, and, that by treaty, Canada should remain to his most Christian Majesty, the Marquis de Vaudreuil shall return to Quebec or Montreal ; every thing shall return to its former state under the Dominion of his most Christian Majesty, and the present capitulation shall become null and of no effect.•" Whatever the King may have done, " on this subject, shall be obeyed." ART ICLE X I V . Two ships will be appointed to carry to Prance, le Chevalier de Levis, the principal officers, and the staff of the Land forces, the Engineers, officers of Artillery, and their domestics. These vessels shall likewise be victualled, and the necessary accomodation provided in them. The said officers shall take with them their papers, without being examined, and also, their equipages and bagage. Such of the said officers as shall be married, shall have liberty to take with them their wives and children, who shall also be victualled.Granted, " except that the Marquis de Vaudreuil and all the officers, of " whatever rank they may be, shall faithfully deliver to us all the charts and plans of " the country." ARTICLE XV. A vessel shall also be appointed for the passage of Mr. Bigot, the Intendant, with his suite ; in which vessel the proper accomodation shall be made for him, and the persons he shall take with him : he shall likewise embark with him his papers, which shall not be examined : his equipages, plate, baggage and those of his suite : this vessel shall be victualled as before mentioned." Granted, with the same reserve, as in the preceding "article." ARTICLE X V I . The British General shall also order the necessary and most convenient vessels to carry to Prance M. de Longueuil, Governor of Trois Rivieres, the staff of the colony, and the Commissary of the Marine ; they shall embark therein their families, servants, baggage and equipages, and they shall be properly victualled, during the passage, at the expence of his Britannic Majesty." Granted." ARTICLE X V I I . The officers and soldiers, as well as of the Land-forces, as of the colony, and also the Marine Officers, and Seamen, who are in the colony, shall be likewise embarked for Prance, and sufficient and convenient vessels shall'be appointed for them. The Land and sea officers, -who shall be married, shall take with them their families, and all of them shall have liberty to embark their servants and baggage. As to the soldiers and seamen, those who are married shall take with them their wives and children, and all of them shall embark their haversacks and baggage; these vessels shall be properly and sufficiently victualled at the expence of his Britannic Majesty." Granted." ARTICLE X V I I I . The Officers, Soldiers and the followers of the troops, who shall have their baggage m the fields, may send for it before they depart, without any hindrance or molestation. " Granted." 24 CANADIAN ARCHIVES 6-7 EDWARD Vil., A. 1907 ARTICLE X I X . An hospital ship shall be provided by the British General, for such of the wounded and sick officers, soldiers and seamen as shall be in a condition to be carried to France, and shall likewise be victualled at the expence of his Britannic Majesty. It shall be the same with regard to the other wounded and sick officers, soldiers and sailors, as soon as they shall be recovered. They shall have liberty to carry with them their wives, children, servants and baggage ; and the said soldiers and sailors shall not be solicited nor forced to enter into the service of his Britannic Majesty." Granted." ARTICLE XX. A Commissary and one of the King's Writers, shall be left to take care of the hospitals, and whatever may relate to the service of his most Christian Majesty.• "G ranted." • , • ARTICLE X X I . The British General shall also provide ships for carrying to France the officers of the supreme council, of justice, police, admiralty, and all other officers, having commissions or brevets from his most Christian Majesty, for them, their families, servants and equipages, as well as for the other officers : and they shall likewise be victualled at the expence of his Britannic Majesty. They shall, however, be at liberty to stay in the colony, if they think proper to settle their affairs, or to withdraw to France whenever they think fit.»" Granted, but if they have papers relating to the Government of the " country, they are to be delivered up to us." ARTICLE X X I I . If there are any Military officers, whose affairs should require their presence in the colony till the next year, they shall have liberty to stay in it, after having obtained the permission of the Marquis de Vaudreuil for that purpose, and without being reputed prisoners of war." All those whose private affairs shall require their stay in the coun- " try, and who shall have the Marquis de Yaudreuil's leave for so doing, shall be allowed " to remain till their affairs are settled." ARTICLE X X I I I . The Commissary for the King's provisions shall be at liberty to stay in Canada till next year, in order to be enabled to answer the debts he has contracted in the colony, on account of what he has furnished ; but, if he should prefer to go to France this year, he shall be obliged to leave, till next year, a person to transact his business. This private person shall preserve, and have liberty to carry off, all his papers, without being inspected. His Clerks shall have leave to stay in the colony or go to France ; and in this last case, a passage and subsistence, shall be allowed them on board the ships of his Britannic Majesty, for them, their families, and their ba,ggage." Granted." ARTICLE X X I V . The provisions and other kind of stores, which shall be found in the Magazines of the commissary, as well in the towns of Montreal, and of the Three-Rivers, as in the country, shall be preserved to him, the said provisions belonging to him, and. not to the King ; and he shall be at liberty to sell them to the French and English." Every " thing that is actually in the magazines, destined for the use of the troops, is to be " delivered to the British commissary, for the King's forces." ARTICLE X X V. A passage to France shall likewise be granted, on board of his Britannic Majesty's ships, as well as victuals to such officers of the India company as shall be willing to go thither, and they shall take with them their families, servants and baggage. The Chief CONSTITUTIONAL DOCUMENTS 25 SESSIONAL PAPER No. 18 agent of the said Company, in case he should chuse to go to France, shall be allowed to leave such person as he shall think proper till next year, to settle the affairs of the said Company, and to recover such sums as are- due to them. The said chief agent shall keep possession of all the papers belonging to the said company, and they shall not be liable to inspection." Granted." ARTICLE X X V I . The said company shall be maintained in the property of the Ecarlatines, and Castors, which they may have in the town of Montreal ; they shall not be touched under any pretence whatever, and the necessary Licences shall be given to the Chief Agent, to send this year his Castors to France, on board his Britannic Majesty's ships, paying the freight on the same footing as the British would pay it." Granted, with regard to " what may belong to the company, or to private persons ; but if his Most Christian " Majesty has any share in it, that must become the property of the King." • ARTICLE X X V I I . The free exercise of the Catholic, Apostolic, and Roman Religion, shall subsist entire, in such manner that all the states and the people of the Towns and countries, places and distant posts, shall continue to assemble in the churches, and to frequent the sacraments as heretofore, without being molested in any manner, directly or indirectly. These people shall be obhVed, by the English Government, to pay their Priests the tithes, and all the taxes they were used to pay under the Government of his most Christian Majesty." Granted, as to the free exercise of their religion, the obligation of pay- " ing the tithes to the Priests will depend on the King's pleasure." ARTICLE X X V I I I . The Chapter, Priests, Curates and Missionaries shall continue, with an entire liberty, their exercise and functions of cures, in the parishes of the towns and countries. " Granted." « AETICLB X X I X . The Grand Vicars, named by the Chapter to administer to the diocese during the vacancy of the Episcopal see, shall have liberty to dwell in the towns or country parishes, as they shall think proper. They shall at all times be free to visit the different parishes or the Diocese with the ordinary ceremonies, and exercise all the jurisdiction they exercised under the French Dominion. They shall enjoy the same rights in case of the death of the future Bishop, of which mention will be made in the following article. " Granted, except what regards the following article." ABTICLE X X X . . •" by the treaty of peace, Canada should remain in the power of his Britannic Majesty, his most Christian Majesty shall continue to name the Bishop of the colony, •^ho shall alwaysvbe of the Roman communion, and under whose authority the people shall exercise the Roman Religion." Refused." ARTICLE X X X I . , ., ,7 Bishop shall, in case of need, establish new parishes, and provide for the rebuilding of his Cathedral and his Episcopal palace ; and, in the mean time, he shall have toe liberty to dwell in the towns or parishes, as he shall judge proper. H e shall be at jT^y t ° v isit his Diocese with the ordinary ceremonies, and exercise all the jurisdiction "which his predecessor exercised under the French Dominion, save that an oath of fidelity, °t f.Pr o m * s e to do nothing contrary to his Britannic Majesty's service, may be required or rum"This article is comprised under the foregoing •\ 26 CANADIAN ARCHIVES 6-7 EDWARD VII., A. 1907 ARTICLE X X X I I . The communities of Nuns shall be preserved in their constitutions and privileges ; they shall continue to observe their rules, they shall be exempted from lodging any military ; and it shall be forbid to molest them in their religious exercises, or to enter their monasteries : safe-guards shall even be given them, if they desire them."Granted." ARTICLE X X X I I I . The preceeding article shall likewise be executed, with regard to the communities of Jesuits and Recollects and of the house of the priests of St. Sulpice at Montreal ; these last, and the Jesuits, shall preserve their right to nominate to certain curacies and missions, as heretofore." Refused till the King's pleasure be known." ARTICLE X X X I V . All the communities, and all the priests, shall preserve their moveables, the property and revenues of the Seignories and other estates, which" they possess in the colony, of what nature soever they be ; and the same estates shall be preserved in their privileges, rights, honours, and exemptions" Granted." ARTICLE X X X V . If the Canons, Priests, Missionaries, the Priests of the seminary of the foreign Missions, and of St. Sulpice, as well as the Jesuits, and the Recollects, chuse to go to Prance, a passage shall be granted them in his Britannic Majesty's ships, and they shall have leave to sell, in whole, or in part, the estates and moveables which they possess in the colonies, either to the French or to the English, without the least hindrance or obstacle from the British Government.They may take with them, or send to France, the produce of what nature soever it be, of the said goods sold, paying the freight, as mentioned in the X X V It h. article ; and such of the said Priests, who chuse to go this year,, shall be victualled during the passage, at the expence of his Britannic Majesty ; and they shall take with them their baggage." They shall be masters to dispose of their " estates and to send the produce thereof, as well as their persons, and all that belongs "t o them to France." ARTICLE X X X V I . If by the treaty of Peace, Canada remains to his Britannic Majesty, all the French, Canadians, Acadians, Merchants and other persons who chuse to retire to France, shall have leave to do so from the British General, who shall procure them a passage : and nevertheless, if, from this time to that decision, any French, or Canadian Merchants or other persons, shall desire to go to France ; they shall likewise have leave from the British General. Both the one and the other shall take with them their families, servants, and baggage." Granted." ARTICLE X X X V I I . The Lords of Manors, the Military and Civil officers, the Canadians as well in the Towns as in the country, the French settled, or trading, in the whole extent of the colony of Canada, and all other persons whatsoever, shall preserve the entire peaceable property and possession of the goods, noble and ignoble, moveable and immoveable, merchandizes, furs and other effects, even their ships ; they shall not be touched, nor the least damage done to them, on any pretence whatever. They shall have liberty to keep, let or sell them, as well to the French as. to the British ; to take away the produce of them in Bills of exchange, furs, specie or other returns, whenever they shall judge proper to go to France, paying their freight, as in the X X V I t h Article. They shall also have the furs which are in the posts above, and which belong to them, and may be on the way to Montreal ; and, for this purpose, they shall have leave to send, this year, or the next, # CONSTITUTIONAL DOCUMENTS 27 SESSIONAL PAPER No. 18 canoes fitted out, to fetch such of the said furs as shall have remained in those posts. "Granted as in the X X V I t h article." ARTICLE X X X Y I I I . All the people who have left Acadia, and who shall be found in Canada, including the frontiers of Canada on the side of Acadia, shall have the same treatment as the Canadians, and shall enjoy the same privileges." The King is to dispose of his ancient " Subjects : in the mean time, they shall enjoy the same privileges as the Canadians." ARTICLE X X X I X . None of the Canadians, Acadians or French, who are now in Canada, and on the frontiers of the colony, on the side of Acadia, Detroit, Michillimaquinac, and other places and posts of the countries above, the married and unmarried soldiers, remaining in Canada, shall be carried or transported into the British colonies, or to Great-Britain, and they shall not be troubled for having carried a rms" Granted, except with regard " to the Acadians." ARTICLE XL. The Savages or Indian allies of his most Christian Majesty, 'shall be maintained in the Lands they inhabit ; if they chuse to remain there ; they shall not be molested on any pretence whatsoever, for having carried arms, and served his most Christian Majesty ; they shall have, as well as the French, liberty of religion, and shall keep their missionaries. The actual Yicars General, and the Bishop, when the Episcopal see shall be filled, shall have leave to send to them new Missionaries " when they shall judge it .necessary." Granted except the last article, which has been already refused." ARTICLE XL I. The French, Canadians, and Acadians of what state and condition soever, who shall remain in the colony, shall not be forced to take arms against his most Christian Majesty, or his Allies, directly or indirectly, on any occasion whatsoever ; the British Government shall only require of them an exact neutrality. " They become Subjects "of the King." ARTICLE X L I I . The French and Canadians shall continue to be governed according to the custom of Paris, and the Laws and usages established for this country, and they shall not be subject to any other imposts than those which were established under the French Dominions." Answered by the preceding articles, and particularly by the last." ARTICLE X L I I I . The Papers of the Government shall remain without exception, in the power of the Marquis de Vaudreuil and shall go to France with him. These papers shall not be examined on any pretence whatsoever." Granted, with the reserve already made." ARTICLE XL IV. _ The papers of the Intendancy, of the offices of Comptroller of the Marine, of the ancient and new treasurers, of the Kings magazines, of the offices of the Revenues and forges of St. Maurice, shall remain in the power of M. Bigot, the Intendant ; and they shall be embarked for France in the same vessel with him ; these papers shall not be examined." The same as in this article." 28 CANADIAN ARCHIVES 6-7 EDWARD VII., A. 1907 ARTICLE XLV. V The Registers, and other papers of the Supreme Council of Quebec, of the Pré voté, and Admiralty of the said city ; those of the Royal Jurisdictions of Trois Rivieres and of Montreal ; those of the Seignorial Jurisdictions of the colony ; the minutes of 4;he Acts of the Notaries of the towns and of the countries ; and in general, the acts, and other papers, that may serve to prove the estates and fortunes of the Citizens, shall remain in the colony, in the rolls of the jurisdictions on which these paper depend. "G ranted." ARTICLE X L V I . The inhabitants and Merchants shall enjoy all the privileges of trade, under the same favours and conditions granted to the subjects of his Britannic Majesty, as well as in the countries above, as the interior of the colony." Granted." ART ICLE X L V I I . The Negroes and panis of both sexes shall remain, in their quality of slaves, in the possession of the French and Canadians to whom they belong ; they shall be at liberty to keep them in their service in the colony or to sell them ; and they may also continue to bring them up in the Roman Religion" Granted, except those who shall have been made prisoners." ARTICLE X L V I I I . The Marquis de Vaudreuil, the General and Staff Officers of the land-forces, the Governors and Staff officers of the different places of the colony, the Military and Civil officers, and all other persons who shall leave the colony, or who are already absent,. shall have leave to name and appoint Attornies to act for them, and in their name in the administration of their effects, moveable and immoveable, until the peace ; and, if, by the treaty between the two crowns, Canada does not return under tile French dominions, these officers, or other persons, or attornies for them, shall have leave to sell their manors, houses, and other estates, their moveables and effects, ce que personne
n’en prétendent cause d’ignorance, et ayt a s’y conformer. Interdisons toutes autres
Cours et Juridictions, qui auroient put être établies tant dans la ville, que dans les
fauxbourgs et Campagnes.
Fait et donné sous notre scel et le contreseing de Notre Secretaire, a Quebec le 31
8
bre1760.
” J A . MURRAY.
” Par Son Excellence,
” H. T. CRAMAHB.”
(Translation. )
By His Excellency Mr. James Murray, Governor of Quebec, etc.
Our chief object having been, in the government which it has pleased His Majesty
to entrust to us, to ensure the administration of Justice to his new subjects, Canadian
as well as French, settled in the town and neighbourhood of this Government, we have
likewise thought it necessary to establish the form of procedure ; to fix the day for our
audiences, as well as those of our military council, which we have established in this
town : to the end that every one may conform to it, in the causes that they may require
to have judged at our courts, or such as we may think necessary to send to the said
Council. For this reason, we have ruled and ordered hy the present regulations as
follows :
1
st Article.
All complaints, or matters of civil or criminal interest shall be, brought before us
by petitions, or requests, addressed to us, which shall, however, be delivered to Mr
H.
Oramahé, our secretary, who shall return them, so that the summons may then be
delivered to the defendants by the first bailiff, so that they may appear to defend themselves in our Court, at the time appointed, regard being paid to the distance of the places.
2
s
Article.
The Court days shall be Tuesday in each week, from ten in the morning till noon,
and they shall be held at olir residence, beginning with next Tuesday, the 4th of
November.
3
r d Article.
The petitions, or requests which shall have been returned by our secretary, in the
manner explained in the first article, having been served on the defendants, and the
term allowed in the summons having expired, shall be re-delivered to our secretary, on
the day before the hearing, that is to say, on the Monday, for the hearing of Tuesday :
railing this, they shall not be judged, but shall be postponed till the next sitting.
4
th Article.
, . -*-ne defendants, who shall have any papers or writings available for the defence of
,,
e i^
c a u se, shall likewise be obliged to deliver them to our secretary, on the day before
hearing, otherwise judgment will be given on the demand of the plaintiff.
1833J
36 CANADIAN ARCHIVES
t
6-7 EDWARD Vil., A. 1907 . *
5
th Article. ;
If the parties summoned have no writing to produce they shall be obliged to appear
at our Court, on the day fixed, either in person or through an attorney, otherwise no
plea will be allowed them for default, and in like manner judgment will be given, on the
single summons which shall have been served on them, in order to avoid long lawsuits,
and the increase of costs.
6
th Article.
If the excessive amount of business does not allow the judging of all cases at a
single sitting, they shall be postponed till the next one, and the parties shall be obliged
to appear, without other summons.
7
th Article.
Judgments which shall be delivered at our Residence at the Court, shall be executed
without appeal, and the parties shall be compelled to give satisfaction according to what
shall be decreed, with the exception of such cases as we may think fit to send to the
Military. Council to be tried ; which shall be delivered to one of the Councillors whom
we shall name, who will make his report to the Council, so that judgment may be
given on the same for him to whom it shall belong.
8
th Article.
The Council of Wa r shall assemble on the “Wednesdays and Saturdays of each week,
and shall be held in the house of M. de Beau jeu, rue St. Louis.
9
th Article.
Judgments given in our Courts, as well as the military decrees, shall be inscribed on
the register, by the registrar whom -we have appointed for this purpose, and copies
delivered by him to the parties.
1 0a
Article.
All the above shall be executed, as well for the town as for the country ; with the
exception however of disputes that the habitants of the district may have amongst
themselves, with respect to enclosures, damages, or other provisional cases, of which we
authorize the commandant of the troops to take cognizance in each locality and t ry
summarily, reserving appeals to the Military Council, if the case pertains thereto, and
there is reason for it.
And the present regulation shall be read, published and posted in the usual places
and precincts of this town, as well as in every part of this government, that no one
may urge the plea of ignorance, and that all shall be compelled to conform to it ; and
we interdict all other courts and jurisdictions which may have been established as well
in the town, as in the suburbs and country.
Executed and given under our seal, and countersigned by our secretary, at Quebec,
the 31st October, 1760.
(Signed) J A . MURRAY.
By His Excellency,
(Signed) H. T. CRAMAHÉ.
CONSTITUTIONAL DOCUMENTS 37
SESSIONAL PAPER No. 18
GENERAL MURRAY’S REPORT OF T H E STATE OF T H E GOVERNMENT
OP QUEBEC I N CANADA J U N E 5TH, 1762.1
M Y LORD,—In obedience to His Majesty’s Commands signified in Your Lordship’s
dispatch to Sr. Jeffery Amherst of the 12th December last I have the honor to transmit
the following account of His Majesty’s Government of Quebec and dependancies thereof ;
however deficient it may prove Your Lordship may be assured it has been my earnest
desire, as it is my constant study to fulfil my Royal Masters intentions.
The better to effect the same, and in order to state the several interesting matters
of this Report in the clearest light, I shall divide the whole under the following heads.
1st—Return of His Majesty’s Forces in His Government’of ‘Quebec and dependancies thereof.
2d—State of the Fortifications
3rd—State of the Government under the French Administration
•ith—The Revenues and Expenses.
5th—Church Government.
6th—Indian Nations • *
7th—Nature of the Soil and its produce
8th—Population.
9th—Trade
10th—Character of the People
I shall subjoin some remarks pointing out the Errors of the Ancient System, and
wherein by my own observations and the best information I have been able to procure,
there is room for alterations or amendments.
QUEBEC.
GENERAL AND STAFF OFFICERS.
The Honorable James Murray Esqr. Governor.
The Honorable Lieut* Colo1
Maitland D:A:G: Governor Murrays leave to the Southern Colonies.
Lieut’ Colo1
Irving, Deputy Quarter Master General.
Hector Theop8
Cramartie, [Cramahé] Secretary to the Governor.
Lieut* Mills, Town Adjutant
Captain Malone, Barrack Master.
Captain Cosnan, Town Major. Governor Murrays leave to England for the
recovery of his Health.
Zachariah Thompson, Captain of the Ports.
ENGINEERS.
Captain Lieut* Spry l , , , , , . , ,
Lieut’ Montresor } ^ t e b h s h e d
Captain Holland Assistant.
OFFICERS OF H I S MAJESTY’S HOSPITAL.
Mr. Francis Russell Chief Surgeon
Mr. Field 1 w ,
Mr. M a b a n e j M a t e s
–
N-Bs
Mr._ Zachariah Plitner Provost Martial
Benjamin Gable Hangman.
t h e despatch of Lord Egremont to Sir Jeffery Amherst of 12th Dec, 1761, in which the King
approves of the system of military government established in the districts of Quebec, Three Rivers, and
J&ontreal, he instructs him to send, for His Majesty’s information, a full account of the newly acquired
countries. In response to this command, communicated to Murray, Burton, and Gage, we have this and
we two following Reports, which were transmitted to the Government by Sir Jeffery Amherst. These
reports were among the documents submitted to the Board of Trade for their information in preparing a
Fian or government for the territories ceded to Britain by the Treaty of Paris of 1763. See p. 96.
38 CANADIAN ARCHIVES
6-7 EDWARD VII., A. 1907
2. STATE OP T H E FORTIFICATIONS.—Quebec. The natural situation of the ground
•which the present front o’f the fortification is built upon towards the land, is very disadvantageous. Cape Diamond is nearest the River S’ Laurence, and is likewise the
highest ground, from whence there is a continued slope, sometimes very quick, toward
the River S* Charles, in consequence of which the walls not .being built upon a level,
but humouring the nature of the ground, the flanks of the Bastions cannot defend their
opposite faces in a proper manner, for the flanks of the higher Bastions, must fire below
the horizontal line, as the flanks of the lower ones must throw theirs above it. To
remedy this defect, the French built two Counter guards or Fausse-brays with Casemated flanks, before the right face and flanks of Laglaciere Bastion, and the left face
and flank of Bastion S’ Louis ; this however introduced another inconvenience, of
which they appear’d sensible when Monsr
de Levis besieged the Town in 1760, as He
directed his fire to this place, which had such an effect, the rubbish of the Wall filling
the Counter guard, and that from the lower the ditch, that an easy ascent might have
been very soon made to the breach.
The high grounds before Cape Diamond and La glacière Bastions command all the
lower fortifications toward the River S’ Charles, and batteries for battering in breach
may be erected at any distance, as the walls are high and seen in many places to the
bottom of the Ditch, there being no covered way or outworks and even the counterscarp wall not well finished, neither can a covered way be constructed, but at a great
expense, on account of the scarcity of Earth and irregularity of the ground, besides that
it must be crowded with traverses to prevent its being enfiladed.
To make up in some measure the want of outworks, in the Winter 1759, I erected
a line of Blockhouses within musquet shot of the capital wall to secure the body of the
place against surprises, such outworks are proof against Musquetry only.
The Walls are built of an irregular unwrought stone and in many places the work
is very badly executed as was sufficiently visible from the effect of the fire from the
French batteries in 1760.
The Gates are ill placed and not defended. S’ Louis Gate is so near the right face
o£ the Bastion of the same name, that it is beneath its fire, and the opposite flank can
have but very little fire on it, that of S’ Johns has the same fault, being too near the
left flank of S’ Johns Bastion.
The Palace gate is not much better constructed, and in general this whole front of
the place, which indeed is the only fortified one, is enfiladed from the other side of the
River S’ Charles.
The Wall from Bastion Lapotasse to Palace gate, is pierced with loop holes, and is
good in its kind. The Barracks which are built against it being also provided with
loop holes serve as a second fire. This Wall is continued to K and is built upon a
Rock.
From K to L is a very bad stockade on the top of an accessible rock, with one
small stockaded place of arms. This is the part of the Town most exposed to a coup de
main.
From L to T there is a high Wall with a wooden gallery behind it, to serve as a
banquette, and beneath it is a sally port to communicate with the lower Town.
From T to the saut au Matelot is a wall begun but carried no higher than Man is
able to step upon it, there are some plat-forms for Cannon and Mortars. From M to
M (sic) is the Royal Battery commanding the River S’ Laurence and built upon an
inaccessible rock adjoining to the Bishop’s palace, part of which was taken in during
the late siege to defend the communication from the lower to the higher Town, which
was also defended by some Cannon planted at 0.
From O to P takes in Fort S* Louis and a nine gun battery ; it is by nature
inaccessible except two small paths shewn in the plan. Fort S’ Louis is of no defense
being the remains of the earliest fortifications erected there.
From P to Q the Citadel or Redoubt of Cape Diamond, is a quick or rather steep
ascent, defended by a stockade only. Betwixt this Redoubt and the Bastions of La
Glacière and Cape Diamond is a commanding grownd overlooking the whole Town and
Fortifications. This grownd I judge very proper for the construction of a Citadel.
CONSTITUTIONAL DOCUMENTS – 39
SESSIONAL PAPER No. 18
Prom Q to R the same sort of stockade is continued, and from R to Cape Diamond
there is a Wall with loop-holes, defended by two small flanks with Cannon. ‘ The rocky
hill under these parts is very high, but accessible and in many places cover’d with brush,
by the help of which small parties m%ht advance to the very stockades.
The lower Town is only cover’d by a Stockade and some batteries ; The Batteries
marked q are to defend the road and annoy the shipping in passing the Town. The
Batteries t, are for the same purpose. They serve likewise to flank the lower Town
and the other Batteries.
From the above report and annexed Plan1
it appears that the Enceinte of Quebec is
very large and would require a very strong Garrison to defend it tho properly fortified
That at present it is open on two sides, has no out works not even a cover’d way
nor hardly a ditch, for the foot of rotten walls is to be seen from most of the Environs
at the distance of 500 Yards. That the whole Rampart is enfiladed from the other side
of the River Sc
Charles, and that in its present situation, with a Garrison of 3000 Men
it is not proof against a well conducted Coup de Main. Any temporary works that can
be added, would be of little signification, as matters now stand ; and to fortify the place
upon the old plans is by no means adviseable, the situation never can be render’d strong,
and the attempt must cost an immense sum – – I therefore am
of opinion that if His Majesty shall think proper to be at the expense of strengthening
Quebec, the most effectual method will be to erect upon the rising ground of Cape Diamond, a Citadel which will answer every purpose of the Towns being strongly fortified,
may be defended 4 months at least by a small garrison, awe the Inhabitants, whose
fidelity in case of an attack we cannot for some Years rely on, and secure our Magazines.
The Ground I propose for this Citadel commands the whole Town and is commanded
no where from the Country ; in short it possesses every advantages to be wished for, and
at a small expense may be fortified, as the Inhabitants of the Country and the Troops
in the time of peace may contribute their labor towards it gratis ; to this the former can
have no objection as they were on all occasions formerly liable to Military services and
were all allow’d only provisions.
I order’d Captain Holland to take an accurate survey of the ground and have the
honor herewith to transmit the several plans he has drawn in consequence.
I cannot slip the opportunity of recommending this Gentleman to Your Lordship’s
notice.—He came to this Country in 1756, and ever since the siege of Louisbourg 1
have been myself a witness of his unwearied endeavors for the King’s service, in a word,
He is an industrious brave Officer, and an intelligent Engineer, in which capacity he
would be desirous, and deservedly merits to be advanced.
Jacques Cartier.
This is a small facine fortification upon Cape Sauté, begun by the Prench during
the Campaign in 1759, but not completed ’till the retreat of their Army after the action
of the 13tt September.—This post served them as a frontier all that ensuing winter,
commands the River Jacques Cartier, towards which from the situation of the Ground,
it is extremely strong, but it is not capable of the least resistance, if attacked on the other
side—It is of no use to us at present, as it no where commands ye
main River.
^ Deschambeaux.
About four leagues* above the Jacques Cartier, is the point Des Chambeaux—This
place may be fortified to very good advantage, and in my opinion, is the strongest and
most important post in the Country. I t naturally divides the whole into two parts, is
the only road or avenue from lower to upper Canada, on this side of the S’ Laurence,
and commands the rapids of Richlieu ; by erecting batteries on the small island of that
name, and some fortifications on the South shore the passes by Land and by Water
may be rendered equally difficult, which is better explained by the survey and plan of
the fortifications hereto annexed.
Ran not given.
40 CANADIAN ARCHIVES
6-7 EDWARD VII., A. 1907
3.—STATE OP THE GOVERNMENT UNDER THE FRENCH ADMINISTRATION.
The Governor General was Chief in all Military, and the Intendant in all Civil,
affairs ; The latter superintended the justice, police and finances of the Government, he
heard anol judged difinitively in all trifling causes ; appeals from the inspector of Highways were referred to his decision ; he issued regulations for the police of Town and
Country, and emitted his ordonnances, fixing a price upon all kinds of provisions at his
will and pleasure.
For the easier administration of justice, He commissioned three sub-delegates,
residing at Quebec, Montreal, and Three Rivers, who took cognizance of such matters
as were not very intricate, but from their judgements the parties might appeal to the
Intendant.
The Prévôté of Quebec was a Court of Justice, composed of a Lieu’ General, a
Lieutenant particulier, a procureur du Roy or Kings Attorney ; they judged all matters
Civil in the first instance, and all appeals from their sentence were brought before the
Counseil Supérieur, the Prévôté likewise took cognizance of appeals from the private
jurisdictions, which could be carried again from this Court before the Conseil Supérieur.
I n capital crimes, or such as deserved severe penalties, the Lieu* General called
into his assistance two of the most eminent Lawyers, but still their sentence could not
be carried into execution, untill the same was confirmed by the Conseil, at which seven
of the members at least must be present
Attending this Court were six Notaries public a Clerk and six Huissiers, of which
one was Cryer.
The Governments of Trois Rivieres and Montreal had each their Lieu’ General, a
Kings Attorney, Clerk Notaries and Huissiers.
From these several Courts, appeals were brought before the Conseil Supérieur,
established at Quebec, composed of a first Counsellor who generally presided, and eleven
others, of which one or two were priests, these never were present in Criminal matters ;
The other Officers attending this Court were an Attorney General, a Chief Clerk, and
a premier Huissier.
At Quebec was also a Court of Admiralty, consisting of a Lieu’ General, Commission’d by the high Admiml of France, a King’s Attorney, a Clerk and Huissier, this
Court took cognizance of Maritime affairs, and appeals from thence were carried before
the Conseil Supérieur.
There was also an Inspector of the High Roads or Grand Voyer, who had the
regulation of all matters relative to them, difficulties which arose from this Officers
regulations were decided by the Intendant.
The only Laws were the Kings Edicts or the Arrets of his Council of State,
register’d at the Council Supérieur, and the Intendants ordonnances—In matters of
property they follow’d the customs of Paris, but in marriage settlements they were at
liberty to follow the Custom of any other province in that Kingdom.
The age of Majority was fixed at 25, but at 18 or upon marriage, the Council
granted them Letters of emancipation, which intitled them to enter immediately into
the enjoyment of the moveable and incomes of their estates—Guardians were chosen by
an assembly of seven of the nearest relations of the minors, and for want of these, of so
many of their friends.—A public act is drawn out, of this transaction, which is registef’d
and the person elected is sworn to administer faithfully.
Fiefs.—Is
‘ The tenure of Lands here is of two sorts The fief or seigneuries—
These lands are deemed noble, on the demise of the possessor, his eldest son inherits
one half, and shares with the other Children in the remainder, if any of these die
without posterity, the Brothers share the portion of the deceased, exclusive of their
sisters ; The purchasers of these fiefs enter into all the privileges and immunities of the
same, but pay a fifth of the purchase money to the Sovereign who is Lord of the Soil.
By Law the Seigneur is restricted from selling any part of his Lands that is not clear’d,
and is likewise obliged, (reserving a sufficiency for his own domain) to concede the
remainder to such of the Inhabitants as require the same at an annual rent not exceed-
CONSTITUTIONAL DOCUMENTS 41
SESSIONAL PAPER No. 18
ing one sol, or one half penny sterling for each Arpent (a) in superficies. The Seigneurs
have had the right of Haut, Moyenne et basse justice on their several fiefs, but this was
attended with so many abuses and inconveniences that the inferior jurisdictions were
mostly disused.
Terre en Roture.—2d
The Lands conceded by the Seigneurs is the second sort of
tenure, and these are called terres en roture.—The property is entirely in the possessors,
and the rent they pay can never be raised upon them. They can sell it as they please,
but the purchaser is obliged to pay a twelfth part of the purchase money to the Seigneur.
The Children of both sexes share equally in those Lands, but if upon a division the
several parts are found unequal to the subsistence of a family they are obliged to sell to
one another : By Law no man can build upon a piece of Land of less extent than one
Arpent and a half in front, upon a depth of 30 or 40. This was donc with a view to promote cultivation, and to oblige the_ Inhabitants to spread, Edicts have been published
from time to time, to reunite to the Crown such Lands, as were not settled within a term
of years prescribed, the last of these was published in 1732, a copy of which is annexed.
(No 1.)
The Canadians are formed into a Militia for the better regulation of which, each
parish in proportion to its extent and nuinher of inhabitants, is divided into one, two,
or more Companies, who have their proper Officers, Captains, Lieutenants, Ensigns,
Majors, Aide Majors, Sergeants etc, and all orders or public regulations are addressed to
the Captains or Commanding Officers, who are to see the same put in execution. From
these companies detachments are formed, and sent to any distance and in 1759 and
1760 the whole were in arms for the defence of their Country.
Observations.—The Intendants fixing a price upon provisions at his own will and
pleasure, was liable to much abuse, for tho’ the Country was abounding with all kind of
grain, yet under pretence that a large quantity was wanted for the Kings service, repeated levies were made upon the inhabitants, through every part of the province,
proportionably to what it was supposed they could spare, the Intendant paying such
price as he pleased to set upon it, great part of which grain was afterwards exported by
his emissaries to the French Islands, and when a scarcity was apprehended, they sold
the remainder to the public at an advanced price.
Under the pretence of a scarcity of black Cattle, and before the British Troops had
made any impression upon the Colony, Horses were killed and served to the Troops,
probably to excuse the exorbitant charge for all kind of provisions purchased on the
Kings account, for notwithstanding the waste made by two contending Armies, and that
the French Troops lived entirely upon the Country for near two Years, we have the
strongest occular proof, there was no occasion to have recourse to this expedient, if the
Kings officers had not meant it as a Cloak for their Knavery.
“2^—The members of the Courts of Justice were mostly natives of old France, and
minded more their own affairs than the administration of justice. Their decisions
were therefore not much respected ; and indeed for success the parties generally depended
more upon the favour of the protection of the great, than upon the goodness and justice
of their cause.
3
a—Tho’ the Governor General, the Bishop and the Intendant, were by their several
Offices, Presidents of the Council, and that heretofore they used to be present at their
deliberations, in latter times they never honor’d it with their presence, a circumstance
that contributed much to the general disesteem, into which this part of the judicature
had fallen.
4—-The Office of Grand Yoyer or Inspector of the High roads, under proper
regulations and restrictions seems to be highly necessary for the care and benefit of the
interior Commerce.
5—The Canadians mostly of a Norman Race ; are, in general, of a litigious disposition ; The many formalities in their procedures and the multiplicity of Instruments
to be drawn up upon every occasion, seems to encourage this disposition—A short and
“well digested Code, by laying aside many of these, may in a great measure serve to
(°) An Arpent consista of ten perches each 18 feet French measure.
42 CANADIAN AR0EI7ES
6-7 EDWARD VII., A. 1907
6
a—Fixing the age of Majority as in other parts of his Majestys dominions, is an
innovation that could not fail of being agreeable to the Youth, as the freedom of building
where they see convenient, and upon such extent of ground, as they think proper, would
be acceptable to all people in general and promote new establishments, especially the
Fisheries in the lower parts of the River and Gulph of 8′ Laurence.
4. REVENUES AND EXPENCE OF THE GOVERNMENT UNDER THE FRENCH ADMINISTRATION.
Tho’ I should properly give a state of the Revenues and expense of the Govern
ment of Quebec only, yet the whole under the French administration was so blended
together it does not appear practicable to separate the same, and have therefore
collected here all that has come to my knowledge on this head, without distinction of
Governments. 1st—Five ports, (a) part of the Kings domaine which were under the
immediate management of the director General ‘of it ; He furnished them at the
Kings expense with the Merchandize and effects proper for the Indian Trade or
Fisheries which were carried on at these feveral ports and received from thence likewise on the Kings account the Furs, Oil, Fish or other produce of the same.
They had been farmed but the Lease expired in 1756, they were advertised and
no one bidding for them on account of the War, the Intendant lest the Indians should
quit their usual haunts, ordered them under the foregoing management, which continued untill our arrival, tho’ the expense far exceeded the produce,
sterling about I here set them down at the highest rent paid for
them when farm’d, under the French Govern-
£ 2 9 1 : 1 3 : 4 ment 7,000
2
d
Duty on Liquors imported
£ ..0 ,. 0 „ 10 Wine by the Hogshead , 12
£ :-0 ii 1 H 8 Rum by the Hogshead 24
1 Veldt or measure of 2 Gallons of Brandy 1 u 4
\ Ordinary wine bottled pr
Bottle 1
1¿ Bottled sweet wine p Bottle 3
5 Eau de Vie de Liqueur p: Gallon 10
£8018 M 2 ,i 3. These several duties produced in 1757 192434 „ 14 „ 0.
3
d
Lots and Ventes. This arises from the sale of
Houses and Lands en roture, upon those in the
King’s possession. The purchaser paying him
a twelfth as his immediate Lord.
£921 „ 13 „ HJ.This produced in 1757. 22,120 „ 15 „ 2.
4
t h
. . . . Cent et Rentes, or Ground Rents of Houses built
on the King’s Lands in the City and Suburbs
‘ of Quebec.
These are very trifling as they let to the indivi-
¿, f, 1 J, 2 | . duals for no more than six derniers, one Sol six
derniers, trois sols six derniers or 5 Sols per
annum
These were collected in 1759 for 29 Years together
£93 II 2 H 9. and produced only 2235 n 6 n 2.
5th Dutv (6) on dry goods imported
£3363 ,, 18 „ 3J This” produced in 1757 80,733 „ 18 „ 4.
a Tariff was ” fixed regulating what each
species of goods was to pay, those that were
trifling were valued, and paid 3 pr
Cent of
their Valuation.
(a) rive ports—Tadousao, Ohicotini, Mal baye, Islet de Feremie, Sept Isle
(6) No 2.
CONSTITUTIONAL DOCUMENTS 43
SESSIONAL PAPER No. 18
N.B*.—Cordage of all sorts, Salt and the produce of
the Fisheries, and other Trade in the River S’
Laurence were exempted from this duty.
6
th Duty on dry goods exported (a)
£1601 H 15 M 0£ This produced in 1757 . . . . . .
There was a Tariff (b) likewise for these in which
all kinds of Furs were included as the East India
Company had the exclusive privilege of buying
and exporting all the Beaver of the Country
paying the owner 4 Livres a pound for the green
or winter Beaver, and one livre 10 sols for
Parchment or Summer Beaver, the Company
paid the King a duty of 3 pr
Cent for the quantity exported according to the above rate.
38,422
£56 n 3
sa
Duty on the exportation of Moose Deerskins—
This duty was of two Livres p* Skin, and- was the
first established in the Colony. The exportation
of this Article, has been considerable, but was of
late Years much diminished
In 1757 it produced £ 1348 n 0 n 0
. . I n 1749, a Tax was laid upon every House
within the City and Suburbs of Quebec for repairing the Barracks and keeping the same in order.
The reparation was made by the Officers of Justice
and a deputy from the Trade approved by the
Governor General and the Intendant.
mounted to 13,491 : 3 : 9 .
to 13,351
to 13,881
to 13,351
to 13,701
to 13,666
to 13,891 : 10
to 13,713 : 10
to 13,741 .. .
to 13,528 .. .
I t is pretty remarkable that notwithstanding
the Tax was levied from the Year 1749, inclusive,
the King’s Edict ordering the same to be raised
from the ensuing January is dated only in June
1763.
Besides the foregoing there were certain casual
duties, such as—
V’ Droit d’Aubaine—a Foreigner dying intestate and without Children the King succeeded to
his Estate.
thfi T?- A
‘^-S>rt;s °f provisions of the growth of Canada, Goods for the Indian Trade in the lower parts of
this D t™’ r s e s’ Shipping Country built, Timber of all kinds, and Salt Herrings were exempted from
{b)$’o, 2.
562 , 2 .8}In 1749
552 , 2 6. ” 1750
578 7 6. ” 1751
552 2 6 ” 1752
570 17 6 ” 1753
569 8 4 ” 1754
578 16 3 ” 1755
571 7 1. ” 1756
572 11 6. ” 1757
bM 13 4. ” 1758
44 CANADIAN ARCHIVES
£8018 2 3.
921 13 1U
3368 18 3*
1601 15 0*
56 3 4
£13,961 : 12 : 10J
6-7 EDWARD VII., A. 1907
2
nd Droit de Déshérences. Likewise to Estates
which fall to persons under monastic vows, and
therefore incapable of inheriting, or to persons
illegitimate’ who dye without posterity and intestate.
3
d
Droit d’Epaves—Where Whales or wrecks
are drove ashore above the high water mark, all
expences first deducted, the King had one third,
the High Admiral another and the person who
saved it the remainder. ‘
The Receipts in 1757 stood thus.
To raised on Liquors imported 192,434 : 14 : 0.
” ” on the Lots and Vents 22,120 : 15 : 2.
” ” on dry goods imported 80,733 : 18 : 4.
” ” on D° exported 38,442 : 1 : 5.
” on Moose Deer Skins exported 1,348 : 0 : 0.
Total , 335,079: 8 : 1 1 .
EXPENOE OF GOVERNMENT 1757.
By duties paid on Liquors imported for the Kings
523 : 10 : 0 account 12,564 : 0 : 0
2719 : 3 : 9. By sundry Contingent expenses 65,260 : 0 : 0
3242 : 13
3
d
653 : ,5 :
9 77,824 :
The particulars of this sum were
Expences of Criminal Suits, apprehending and
guarding criminals, Expences of Evidence etc
26004:13:2. This article of expence varied every
Year more or less, it seldom exceeded the above
and has been as low as 10,000
Maintenance of Poundlings and Bastards Children
of the Three Governments at the rate of 10 Liv:
p
r
Month 18511:6:8. This likewise varied, one
Year it amounted to 24,000
Public Works and High Roads 9494:15. This also
varied. I t has often exceeded 12,000.
Expence of Public Prisons and subsistence of
Prisoners 11249 : 15 : 2. This article exceeded
the usual expence on account of the English
Prisoners
By the Cantine of the Troops in the Three Garrisons 15,678 :
This was a Douceur allow’d the Staff of each Garrison. The Town Major made out rolls of the
Soldiers of each Garrison and these were certified
by the Comptroller of the Marine. I t was supposed three half pints of Wine pr
day were imported for their allowance the duty on the amount of
which was returned by the receiver General.
This perquisite was shared among the Governors
who had one half of it the Staff divided the other
half.
0 : 0.
H
CONSTITUTIONAL DOCUMENTS 45
SESSIONAL PAPER No, 18
Proportion of the several.Governments in 1757.
Quebec 8063 : 3 : 7
Montreal 6122 : 0 : 0
Trois Rivières 1493 : 3 : 7.
By allowed the Attorney General for making
out a State of the Kings Rents 10,00 . 0 . 0.
By Duties paid on goods imported for the Kings
account , 21,160 : 6 : 3.
By Salaries of Officers and other expences attending the receipt of the Kings Revenues. -… 36,961 : 17 : 1
41 13 4.
923 6 11
1540 1 «i
£6401 0 10. 153,625
This last article comprehends,
1
st (a) The Salaries of Clerks, Landwaiters and
other Revenue Officers 27,792 : 11 : 6.
2
d
Usual (6) gratifications 1270.
3
a
By sundry other expences, trifling Repairs
of Office 200
House rent of D° „ 4,000
Fuel for D° 1450
Repair of Canoes 400
Stationary 999
Salary of the Clerk of the Treasurer General of
the Marine 600
To a Gauger 250
The foregoing expences were not always the
same and were paid upon the Intendants
orders, and by his directions in which they
differed from the following which was called
Etat du Roy du Domaine, and was the Establishment paid by a Yearly order from the
King signified by his Warrant signed in Council and which generally amounted to 114,000
Livres or there abouts.
0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
E T A T DU R O Y DU D O M A I N E .
125
157
20
75
50
33
By expences of Ports and Garrisons Governor
General as Governor of the Town and Castle
0 of Quebec 3000 : 0 : 0.
8J Pay(c)andProvisionsof theGarrkon 3770 : 0 : 0.
0 Fuel of D° 480 : 0 : 0
0 Lieut* du Roy 1800 : 0 : 0.
0 Town Major , 1200 : 0 : 0
8 ^ Captain of the Gates 800 : 0 : 0.
460 : 8 : 4J- 11850 : 0 : 0.
(a) A. list o£ these for 1758, is annexed JSP* 3. That for 1757 did not come into our hands.
V>) This article of gratification was to reimburse the Governor and other Officers, what it was supposed ^ey paid for duties Tne Governor’ General received ofthïs..” ~.”.. 7.. r.7~600
ine Intendant 450.
governors Secretary 75.
intendants D» 145
25
18
3
6
0 : 0
15 : 0
2 : 6
10 : 0
1270 53 : 7 : 6
(«) As no Garrison was kept either at Quebec, Montreal or Trois Kivières the above were perquisites
to the several Governors.
46 CANADIAN ARCHIVES
6-7 EDWARD VII, A. 1907
125
54
83
50
125
54
75
50
0
3 ,
6 : 8
0 : 0
0
4
0 :0
3 :4
0 : 0
0 : 0
1077 :
112 : 10 :
333 : 6 :
83 : 6 :
316 : 13
554 : 3
50 : 0
62 : 10
312 10
83 10
Montreal
Governor (a)
Pay of the Garrison
Lieut’ (b) du Boy
Town Major
Trois Rivieres
Governor
Pay of the Garrison
Lieut’ du Roy
Town Major (c)
3000
1300
2000
1200
3000
1300
1800
1200
7500 : 0 : 0
7300 : 0 : 0
1 : 8 . _ 25,850 :
By paid to Religious uses
0 To the Clergy (d) and in aid of building Churches 2700
8 To the Chapter of Quebec 8000
8. To the support (d) of superanuated Priests or
Missionaries , 2000
4 As a supplement (d) to Cures of Poor Parishes… 7600
4 To the Jesuits for their Missions and a Professor
of Hydrography 13,300
0 To the Recollets of Quebec 1200
0 To the Convent of TJrsulines 1500
0 To the Convent of the Hôtel Dieu 7500
0. To the Convent of the Hospital General 2000 45,800
0 : 0
0 : 0
83 10 0 ‘
125 0 0 ‘
20 16 8
187 10 0
62 10 0
29 3 4
4 3 4
3498 5 0.
29 3 4
25 0 0
12 10 0
4 3 4
At Montreal
To the Hospitalières , . . . . 2000
To the Pilles de la Congregation 3000
By the Salaries of Officers of Justice
To the first Conseiler of the Conseil Supérieur (e). 500
To 10 others at 450 each ( / ) 4500
To the Attorney General 1500
To the Greffier 700
To the Huissier 100 12,300 : 0 : 0
83,950 : 0 : 0
Salaries of the Officers of Prévôté of Quebec.
Lieut’ Gen1
Civil and Criminal (g) 700
Lieutenant Particulier . . . 600
Proceurer du Roy 300
Greffier 100 1 7 , 0 0 : 0 : 0
(a) This Officer had by way of gratuity from the Marine Che3t 1000 Livres and § p
r
Cent from the
Bast India Company on the Beavor they exported amounting’ to about 1500 more.
(i) The Lieutenants du Roy had each 1800 Livres, the Senior of these had a gratuity of 200 besides,
the Lieut* of Montreal was the senior in 1757.
(c) The Town Major had a perquisite of 2 Barrels of Powder each for the use of their Garrisons, but as
they did not exist, they received each «in lieu thereof from the Storekeeper 250 Livres. Each Gov’ also
paid his Town Major 100 Livres for signing the Rolls.
(d) (d) (d) These were distributed by the Bishops.
(e) Of late Years he had a Gratuity of 450Ib from the Marine
(/) There was a vacancy of one this Tear. The Salary of Three Eldest had of late Years been augmented with a gratuity to each of 150 Livres also from the Marine
(a) This officer had of late Years obtained an addition of 300 Livres out of the Marine fund. ,
CONSTITUTIONAL DOCUMENTS 47
SESSIONAL PAPER No. Ï8
Montreal.
18 : 5 : 0 Lieutenant Gen1
Civil 450
1 0 : 8 : 4 Proceurer du Roy 250 7 0 0 : 0 : 0
Trois Rivieres
18 : 5 : 0 Lieutenant Gen1
Civil 450
1 0 : 8 : 4 Proceurer du Roy 250 7 0 0 : 0 : 0
Salaries of the Officers of Police
2 5 : 0 : 0 To the Grand Yoyer (a) 600
20 : 16 : 8 To the Prévost des Maréchaux de France (b)r
500
1 2 : 1 0 : 0 To an exempt under Him 300
2 9 : 3 : 4 To 4 Archers (o) 175 Livres each . 700
13 : 15 : 0 To a Hangman 330 2 4 3 0 : 0 : 0
3728 : 6 : 8 . ” 89,480 : 0 : 0
By expenses of the Hospital at Quebec.
50 : 0 : 0 Salary to a Pysician.. .* 1200
50 : 0 i 0 First Surgeon 1200
3 3 : 6 : 8. Second Surgeon , . . 800
2 5 : 0 : 0 Midwife , 600 3 8 0 0 : 0 : 0
By Sundry extraordinary expenees
41 : 13 : 4 Publication of the decrees pf Council 1,000
4 : 3 : 4 Expenees of Fuel (d) in ye
Council room. . . . . . . . 100
8 : 6 : 8 Travelling Charges of the Archers 200
20 : 16 : 8. Allow’d the Bishop in lieu of Duties paid by him 500 1 8 0 0 : 0 : 0
By paid to the Establishment of Louisberg, a
Pension to the Count of Gacé son to the
Marquis of Matignon in lieu of some land
50 : 0 : 0 taken into the Kings hands 6000
333 : 6 : 8 D° to the’Religious Brothers of la Charité 8000 ‘
62 : 10 : 0 D° to the Nuns of La Congregation 1500
50 : 0 : 0 D” to 4 Councilors at 300 each 1200
16 : 13 : 0 D° to the Proceureur General All at same place. 400 17,100 : 0 : 0
83 : 6 : 8 By a pension to a Botanist at Louisiana ,. 2000 : 0 : 0
4757 : 10 : 0 Total of the Etat du Roy 114180 : 0 : 0
THE SALAR? AND PERQUISITES OF THE GOVERNOR GENERAL.
£500 : 0 : 0 From the Marine Funds appointments 12000
125 : 0 : 0 From D° allowance for freight of necessaries from
France 3000
I-‘5 : 0 : 0 From the Domaine as private Govr
of Quebec 3000
157 : 1 ; 8. From D° Pay of the Garrison 3770
25 : 0 : 0 From D° in lieu of what he paid for duties 600
ih + *S
*-*®9er h3
^ likewise an allowance of 10Ib pr
diem extraordinary when upon his duty. If the
aoitants applied to him to make out roads for their own private advantage they were at all the expenees
snding the same.
(o) This Officer likewise had an allowance of 7lb 10s
pr
diem travelling charges when out upon the
îukon of his office.
n. These were severally allowed 3lb pr
diem when sent in pursuit of Deserters or other Criminals.
>h -HT T w a s a Perquisite to the Lieutenant General and as the firing would have cost three times as
-n, the Intendants supplied the same out of the King’s Yard.
48 OANADIAN ARCHIVES
58 6 8
41 3 4
25 0 0
233 15 0
6-7 EDWARD VII., A. 190?
Prom the Marine a Company of Guards Call’d the Carabineers to attend him They had usually two or three,
and public or state days they found people enough to
complete the number.—They consisted of
A Captain at 1400
Lieutenant 1000
Ensign 600
17 Private at 27lb pr
Month 5610
Prom the E : India Compy
a present of 2 pr
C* on all the
Beaver exported by them, valuing the whole* upon an
-average of 2ll> pr
pound. This varied every Year but
upon a medium may be set down 6000
His share of the Cantine as set down above.
167 : 19 : 2 This likewise varied in 1757 it produced 4031
For Belts of Wampum presented by the Savages to the
Governor at the several Conferences he had with the
different tribes which Belts he sent to the Kings
stores to be worked up into another Form, and for
which the King paid him 2000
41011
250 : 0 : 0
83 : 6 : 8 .
1792 : 2 : 6
500
125
18
187
50
50
10
0
0
T H E SALAEY AND PERQUISITES OF THE INTENDANT.
0 From the Marine appointments , 12000
0 From D° allowance for Freight of necessaries from France , 3000
0. From the Domaine in lieu of duties he paid 450
From the E : India Comp7
a present of
one and a half per C on all the Beaver
0 exported by them at a medium 4500
0 From the Marine allowance for a Secretary 1200
0 From D° for a Gardiner 1200
930 : 15 : 0
From the foregoing it appears that the
Country duties raised in 1757 together
with the other Revenues belonging to .the
13,961 : 12 : 10J King produced that Year the sum of . . . .
From which deducting the Etat du Roy
amounting to 114,180.
And the expences ordered on this side by
1 1 , 1 5 8 : 1 0 : 5£ the Intendant 153,624 : 10 : 6
22,350
335,079 : 8 : 11
267,804 : 10 : 6
2,803: 2 : 5J Remained a surplus of.. “. 6 7 , 2 7 4 : 1 8 : 5
Which surplus when there was any, was paid by the Receiver General of the Kings
domaine, into the hands of the Commis of the Treasurer General of the Marine as an
addition to that Fund, out of which all the general expences were paid. Such as the
Subsistence and provision of the eight Battalions, Forty Companies of Marines and
Detachment of Royal Artillery serving in Canada, the officer of the naval Yard of Quebec,
and in short all the ordinary and extraordinary expences attending the Military and Civil
Government of Canada the officers of the Court of Admiralty only excepted, who were
paid by the High Admiral of France.
The expence of Government in this Country was formerly very moderate, for a
series of Years to that of 1726, it never exceeded 360,000 Livres; the two ensuing ones
it was advanced to aboub half a Million, on account of the Colonies being at War at
that time, with the Indian nation of Renards. From this period it gradually increased
OOXSTTTUTIONAL DOCUMENTS 49
SESSIONAL PAPER No. 18
to a Million, and from the breaking out of the war with Great Britain in 1744, till peace
was concluded with her in 174:8, the annual expence amounted to about 2 Millions.
In the month of August in that very Year the late Intendant Mr
Bigoe came over,
the expences have ever encreased and to 1753 inclusive did not amount to less than
three, four, or five Millions every Year.
In 1754 Bills were drawn on France for 6000,000
1755 5,500,000
1756 8,000,000
1757 12,000,000
1758 24,000,000
1759 . 30,000,000
1760 The Intendant was directed not to exceed two
Million four hundred thousand Livres and
drew only for 1,300,000
To the above is to be added the Paper Money »
remaining in the Country, and for which no
Letters of Exchange have been d r a w n . . . . . . 22,000,000
4,533,333, 6 : 8 108,800,000
Of the whole upon the most moderate computa3,333,333 : 6 : 8 tion, at least 80 Millions are still owing
The manner of transacting the business is thus. The Intendant for every expence
emitted the ordonnances, which passed current with his bare signature only, one of
which, (No 4.) is annexed to shew the nature of it ; in August notice was given to the
proprietors, to bring into the Treasury within the Month of September, and untill the
10″1
of October, the Ordonnances in their possession, for which they took the Treasurers
receipt, and commenced drawing the Letters of Exchange, which continued fifteen or
twenty days, or till the navigation was shut up.
From the Year 1740, to t’^at of 1746 Letters of Exchange were drawn only for
three fourts of the value brought into the Treasury ; these indeed payable in 6, 7, 8,
or 9 months, when they were duly discharged, the remaining fourth was reimbursed the
proprietors, by a Card Money, of which there is to the amount of near a Million still
existing in the Colony.
From 1746, to 1752, Letters of Exchange were drawn for the full sum brought into
the Treasury and were all made payable sometime within the ensuing Year.
But the expences having encreased considerably orders were given to divide those
of the Year into three equal parts payable in 1, 2, or 3 Years this was put in execution
m 1753, but the very Year following another arrangement took place ; only one fourth
part was made payable in the course of the ensuing Year, one half ty> o Years after that
and the remaining fourth in three ; and this Method was ever after observed ’till
the Year 1760. By this means a great number of those drawn in the preceding Years,
were not come in course of payment, when the Kings Arret of October 1759 suspended
payment entirely
NB° the Clerks of the Marine and other Officers employ’d in that department,
having left the Country it has not been possible to procure certain accounts of the
expences of that branch.
Throughout these calculations and in every other part of this Report, The French
Livre to avoid Fractions is esteemed at ten pence Sterlg
Observations
I
s
‘ I had the Honor to inform the Lords of the Treasury very fully of the state
of the Kings ports, in a Letter to M Martin their Secretary, of the Tb
November
last, at the same time that I transmitted all accounts relative .thereto by Mr
Ainslie
whom I intrusted with the management of them untill I could receive instructions from
home, I am thoroughly persuaded the proposal I therein made to their Lordships of selling
18—3—4 E—16
50 CANADIAN ARCHIVES
* 6-7 EDWARD VII., A. 1907
them to the highest bidder, for a Term of Years, is the surest expedient to make them
profitable to His Majesty.
2—The duty on Liquids will ever bring in a considerable sum, for tho’ the
Canadians in general are not much given to drunkenness, Yet Men, Women and
Children are used to drink a certain quantity of strong Liquors, the severity of the
Climate having probably introduced this practice. By the great improvement likely to
be made in the Fisheries the consumption of these will considerably increase.
3—As the Canadians seem thoroughly reconciled to the use of British made Corn
spirits, the consumption thereof could suffer no diminution, from a moderate duty upon
the same of 6a
pr
Gallon, and that of Rum or JSTew England Spirits might be raised to a
Shilling, this would check the importation of the latter and favor that of the former,
that the Revenue may not suffer by this measure, it will be necessary to prevent any
attempts which may be made of smuggling by the Lakes while they are navigable as
well as when they are to be travelled over with carriages.—The like precaution will be
necessary to be taken for the lower part of this River, which abounds with little bays,
Creeks, and Rivers favorable for such practices, as detrimental to the fair Trader as to
the state itself.
4’11—As there have been few or no purchases made since we have been in possession of Canada, the people having no money and being uncertain of their fate, the Lots
et Vents, have produced nothing considerable ; when a settlement takes place this
branch of the Revenue will probably receive a large encrease.
5—The tax upon Horses in the City and Suburbs of Quebec for the support of the
Barracks, could not be levied upon the Inhabitants since the Town has been in our
possession, as great part of it was in ruins, and many of these who were fomerly
wealthy have been reduced to great distress thereby, besides that it might prove a
disencouragement to the rebuilding it
6—As probably it may be thought right, not to receive the duties on dry goods, a
Tax upon Horses might be introduced in lieu thereof, it would serve also ‘to restrain a
piece of luxury the people of this Country are too apt to run into, in that respect, and
prove a means to encourage the breed of horned Cattle of which at present by the
unavoidable waste of “War, they are very short, besides, as Cattle must be housed here
for a long time during the Winter, the Horn’d kind are fodder’d with more ease, less
cost, and afford a double utility.
7
th—The small salaries given by the French Government to the Civil Officers in
general made them neglect their duty and wreck their invention to cheat and trick
both King and People ; This was carried to such a length that many instances may be
cited of clerks and men in petty Offices with Yearly Salaries of only Six or Eight
Hundred Livres, raising to themselves in the compass of three or four Years Fortunes
of three or four hundred thousand.
8.—Before I close this article I must add that the duty on Wine may be easily
revived without distressing the people or lessening the consumption, as there is no
doubt that an additional one may be raised hereafter upon spirits. But it must be
observed, that the lighter the burthens are laid at present upon the people, the more it
will ingratiate their new Masters, the more it will enable them to repair their past losses
and the sooner they will be in a condition to contribute a proper portion to the public
expences.
5
th
CHURCH GOVERNMENT
The Bishop. »
When the Bishoprick of Quebec was first established in 1764, the See was
endowed by Louis the 14th with the Revenues of two Abbacies, those of Benevent and
L’Estrees ; about 30 Years ago the Bishop then finding it difficult, considering the
distance, to recover the revenues of them by consent of Louis the 15lli resigned the
same to the Clergy of France, to be united to a particular revenue of theirs stiled the
CONSTITUTIONAL DOCUMENTS ‘” 51
SESSIONAL PAPER No. 18
^Economats applied to the augmentation of small livings. In consideration of which the
Bishop of this See has ever since received 8,000 Livres out of the said Revenues. A few
Years before the late Bishops death, the Clergy of Prance granted him for his life only
* a further pension of 2000 Livres. The Bishop had no estate whatsoever, except his
palace in Quebec destroyed by our Artillery, a Garden and the Ground rent of two or
three Houses adjoining it and built upon some part of the land.
The Chapter of Quebec.
The Chapter consists of a Dean and twelve Canons ; Their revenue consisted of an
Abbacy in France which brought them in about 4000 Livres and a pension from the
King of Eight Thousand paid out of the Domaine, The whole was divided into fourteen
shares of which the Dean had two.
There is one vacancy in the Chapter, the present Dean- the Abbé de la Corne, a
Canadian and five of the Canons are in France.
Parish of Quebec.
The Town and Suburbs form but one parish which is very extensive and is served
by a Curé and two Vicars under him. The Church is Parochial as well as Cathedral,
no part of it is left standing but the bare walls ; a Chapel of ease in the lower Town
was likewise burnt during the Siege. The people at present perform their devotions in
the Chapels of the several religious communities. Some part of the Lordship of Quebec
is the property of the Cathedral or parish Church, stiled here La fabrique and is appropriated to the repairs of it : a dispute subsists between the Chapter and the seminary
about the nomination of the Curé, the affair was to have been judged by the King but
was still undetermined.
The Jésuites
They possess a large commodious House, a handsome Chapel and a spacious Garden
within the upper Town, the House and Chappel suffer’d a good deal from our artillery,
but might be easily repaired ; no other place in the Town being so proper, it has and is
still made use of as a Magazine of Provisions. For this reason it was necessary to dislodge the Fathers the first Winter, less their turbulent and intriguing genius should
prompt them to play some Trick which might have proved fatal in the critical situation
oí affairs and which they could perhaps have easily compassed had they been suffer’d to
reside in the House. After the capitulation of Montreal they were readmitted and conveniently lodged in one wing of it and have freely consented to’His Majesty making
use of the remainder.
Their particular province is the instruction of Youth and the Missions of the
Savages, the King allow’d them on account of the latter, 13,300 Livres.
They have a very large estate in the Country and hold some lands in the Town en
-Koture, but are Lords of very large tracts in this Government, and of very considerable
ones in the other two. They possess in that of Quebec the best part of the large and
rich parish of Charlebourg, that of Lorette and most of S* Foix. By the best accounts
their revenues carmot be short of 30,000 Livres pr
annum and most probably exceed it ;
of which in this Government about Eleven Thousand. They have only two Missions
+ T? o n e *° *^e
Hurons at Jeune Lorette near Quebec, the other 4o the Montaignais
at Tadousac and Chieoutimi. The whole number in Quebec Governmt the two Missionaries included is 9. The Supérieur is nominated in France and holds the Office generally
six Years.
The Retollets
This is an order of Mendicant Friars who possess nothing of their own but a House
and Garden in the upper Town. They had a piece of ground in the suburb of S* Rock
°n which they had formerly a house and church, which has been abandoned for some
xears. A small part of the Intendants buildings is erected upon a piece of this Land,
18—3—4J
52 – CANADIAN ARCHIVES
6-7 EDWARD VII., A. 1907
in consideration of which under the French Government they were paid fifty Louis a
Year from the Marine by way of charity as they can receive no rents. They acted as
Chaplains to the Army, and at the several Forts or posts and failure of regular Clergy_
served the vacant Cures.
They have a provincial Commissary resident here, who superintends the whole order
in Canada, sent from France and changed every three Years. The present one has discharged it twice, on account of the War. They have in this Government
Fathers 10
As Servants or B re t hre n. . .. 9 19
Seminary Quebec.
These are Secular Clergy : Their institution is to educate the Youth and fit them
for the priesthood. They have a large House and Chapel in the City of Quebec, both
in a ruinous condition ever since the siege of 1759. It is a dépendance upon the seminary for Foreign Missions at Paris, who nominate the superiors and directors of that of
Quebec, but their estates are not entirely distinct ; besides the Island of Jesus in the
Government of Montreal, they possess part of the Lordship of Quebec & the whole extent
•of the country from the Saut de Montmorenci to the Riviere du Goufre in the Bay of
S* Pauls inclusively and the Island of Coudres. This immense tract does not bring them
i n very considerably, their great Revenues in these parts arising from the two large
Farms in the Parish of S’ Joachim, where before the breaking out of the war, they had
between three and four hundred head of Cattle ; on their estate in the Bay of S’ Pauls
they discover’d some Years ago a Lead mine, the Veins which have been tried are slight,
“but two Germans who were brought over to the Country, on account of the like discoveries
in the upper Country, examined this and thought it worth working ; the War has prevented making further Essais upon it. The income of their estate in this Government
may be estimated at about 9,000 Livres pr
Annum They consist at present of only the
Superior and four directors.
Convent of the Hotel Dieu of Quebec
This is a community of women, particularly instituted foi\ the care of the Sick ;
They had been in good circumstances but their House having been entirely consumed
by Fire, a few Years ago, they are considerably indebted for the rebuilding of it.
This house has two distinct estates and Purses, the one belonging to the community,
the other to the Poor—The former owes about 108,000 to different Artificers, and for
sums borrowed towards rebuilding the Convent.
They have a Rent charge upon the Hotel de Ville at
Paris which brings them in 1330 Livres
A Seigneurie in Charlebourg with estates & gardens in
this Town ‘. . 3500
For its share of the 7500 pa
by the King 3000 7830
They keep some pretty large Farms in their hands Cultivated by their domesticks,
out of the produce whereof they are at present chiefly subsisted.
Number of Nuns 36
The Poor have a charge on the Hotel de Ville at Paris
Foundation of a Dutchess D’Aiguillon 646 : 12 : 0
The Lorflship of S’ Augustine 1200 : 0 : 0
Their other estates in the suburb of Quebec including
a small one in the Island of Orleans produce
about f 5 0 0 : 0 : 0
Their part of the Kings bounty was 4,000 : 0 : 0
6,346 : 12 : 0.
They are not at present in circumstances to take in any.
CONSTITUTIONAL DOCUMENTS’ 53
SESSIONAL PAPER No. 16
Convent of the Ursulines at Quebec.
This is likewise a community of Women, their institution is for the education of
Young Girls.
They have a Rent charge on Hotel de Ville at Paris.. 1400 : 0 : 0
A Farm in Normandy , 950 : 0 : 0
The Lordship of Portneuf in this Country and S’ Croix,
about 7 7 2 : 0 : 0
Their other estates in and about T o w n . . . . about 960
Nuns 38. 4082 : 0 : 0
The chief estate of this community consists in their Boarders, and a number of
little ingenious works, for which there is a great demand, by means of which they are
enabled.to live very decently and comfortably.
The General Hospital near Quebec.
This is a community oï Women, they have a Foundation for taking care of Thirty
Invalids, Idiots or Incurables, which they are at present in no condition to fulfil, their
revenues being no way equal to the expence, and as a large sum is owing them by the
King of France for the sick of his army. In the time of the French they were allowed
rations for as many of the above as they took in and a pension of 2,000 Livres. The
Ladies of this community are of the best Families in Canada and by the presents they
were continually receiving from them they were chiefly enabled to subsist ; That revenue
is now at an end, as the Gentry in general are at present in the most distressed circumstances.
They owe a very large debt contracted in a good measure for the support of the
sick Officers and Soldiers of the French Army. The French King owes them a large
sum, sufficient to discharge it, but they must be reduced to the utmost beggary and
distress if he does not ; The sale of all their houses and Lands will scarce be sufficient to
satisfy their Creditors.
Their whole estate in this Country does not bring them
in at the most above 5000 Livres.
A rent on the Hotel de Ville at Paris 1800 6,800-
Their Number Nuns 33
Invalids 33— 66.
Les Filles de la Congregation
This was an institution for teaching Young Girls to read and write ; they take the
vows but are not cloister’d and go abroad about their affairs. They are poor. However
besides what they possess in the other two Governments they had a House in the lower
-Town destroy’d by our Artillery, one at Point au Tremble and one with a small Farm
at S< Famille in the Island of Orleans. Their number at present in this Government 4. This Government is divided into 50 Parishes some of which are small, and not thoroughly inhabited as Yet : For want of regular Clergy, several of the Reeollets serve taures, a n d in some places one Curé serves two, the whole is under the inspection of a Vicar General at present, during the vacancy of the See. Observations. 1 st rrjhe Canadians are very ignorant and extremely tenacious of their Religion, nothing can contribute so much to make them staunch subjects to his Majesty as the ? eif Government giving them every reason to imagine no alteration is to be attempted m that point. 5i CANADIAN. ARCHIVES 6-7 EDWARD VII., A. 1907 2. . .Care was taken under the former Government to keep up a great part of the Clergy French, especially the dignified part : To prevent the further importation of these, it would be necessary to encourage the natives to engage in the profession, which cannot be so well done, except the See is filled up, as without a Bishop there can be no ordination ; some difficulty will attend this, as it is unendow'd tho! hereafter means may be found of making up this deficiency. 3 a . . .A like difficulty occurs in relation to the Chapter, their number indeed might be reduced by letting the vacancies lye dormant, if some provision cannot be made for them as will hereafter be proposed. 4 th . . .An expedient to assist the people in rebuilding their great Church, would much ingratiate their new Masters with them. 5'\ . .The Jésuites are neither loved nor esteemed in general, and this order may be easily removed whenever the Government shall think proper without giving offence, out of part of their Estate provision might be made for the Bishoprick, and Chapter which would ease the Crown of further expences on that head. 6 th The Recollets is an order of Mendicants, as they depend upon charity for subsistence, they are careful not to give offence ; probably should they find the Inhabitants upon the present change, cool towards their Order, they will of themselves seek a better living somewhere else. 7 th The Seminary educates the Youth, and fits them for Orders, it will be necessary to preserve and encourage this House on that account, and it is to be observed, this was the only Religious House or order, that heretofore did not participate of the French Kings Bounty. 8 th As to the communities of Women they are much esteemed and respected by the People, the narrowness of their circumstances will probably prevent their being filled up so easily as in former times ; when the Canadians become a little more reconciled to British customs and Government, it may not be amiss under colour of serving those communities in their distressed situation, to restrict the admission of any under a certain sum ; this regulation with another fixing a certain age, under which no vows to be taken, would probably soon reform the worst abuses of such institutions. 9 th. . .There are some few French Protestants in this Country who no doubt will be willing to remain, it would be a great comfort to these, if a Church was granted for their use, and some French Clergyman of sound sense and good Character, with, a tolerable salary, was invited to settle among them, such an establishment may be attended with the further good consequences of enticing many of their Brethren in France, to come and enjoy that religious liberty, after which they so ardently sigh, amidst a people sprung fiom the same origin, speaking the same language, and following the same Customs. I t may likewise be conducive towards bringing about a Reformation, by slow degrees and must at least prove to the Canadians there is nothing in our Holy Religion repugnant to Virtue or Morality. 6 u i INDIAN NATIONS RESIDING WITHIN THE GOVERNMENT I n order to discuss this point more clearly I shall first take notice of the Savages on the North shore of the River ¡3' Laurence from the Ocean upwards, and then of such as inhabit the South side of the same River, as far as the present limits'of the Government extend on either side of it. 1 st - The Savages on the North shore.. The first to be met with on this side are the Esquimaux, these are the wildest and most untamable of any, and are emphatically stilled by the other Nations, Savages. They never dress their food but eat fish rotted in the Sun and drink the oil it produces. Travellers represent them hardy, active and expert navigators : In the summer they come with their whole Families in Chaloups to fish in the streights of Belisle, these they leave in the Bays, and go out themselves to a considerable distance in Canoes made of skins wherein they sew themselves up. Their CONSTITUTIONAL DOCUMENT® 55 SESSIONAL PAPER"No. 18 clothes and sails of their Vessels are made of the skins of wild beasts ; They are reckoned treacherous, and have had many encounters with the French and Canadians employ'd on the fisheries in those parts. Their Language is not understood but a few words they make use of nearly resemble the dialect of some of the most northern European Nations. A few here have trafficked with them and made a considerable advantage by it, but they never agreed well together ; any trade with the Esquimaux however must be precarious ; The Coast is rocky and difficult of access, the season for navigation short, and the risks too great to entice adventurers ; they have never been known' to come on this side of La Forteau. 2 d—The Montagnais or Monsonies inhabit a vast tract of Country from Labrador to the Saguénay ; they are again distinguished into those who live in the inland parts call'd ISTascapies, and the inhabitants of the water side, for this reason stilled Chuehouxlapishouets. They take as many different names as they have Villages but are all the same people, and speak the same language. As in the interior parts of the Country there are many Lakes and Rivers which communicate with Hudson's bay, the former ^ often trade on that side, which the latter also would have been obliged to do, if the interruption caused by the War, had continued for any time, tho' from the more convenient situation, they would have ever reverted to those who were Masters of the River S' Laurence, those are the mildest and most tractable of all Savages and never enter into War. Tho their country is extensive their number is inconsiderable ; From Labrador to Mingan the Traders do not reckon more than from Eighty to one Hundred Families, and of those who resort to the King's Posts, there may be about 220 Families in all, but as their habitations are easily moved they are ever changing and shifting from one place to another. A Jesuit Missionary meets them at Tadousac when they come there for the trade and he resides in the neighbourhood all the Year. 3 d . , , . The most civilized of all the Indians in this part of the World are the Hurons settled at a little, Village called Jeune Lorette about 3 leagues from Quebec. These are called Roman Cathohcks and are a decent well behaved people, it is now many Years since they were removed there from their ancient habitations about Lake Huron or Erie, are settled upon lands belonging to the Jésuites, and live in much the same manner as the Canadians. They have excellent good Houses, Cultivate their own lands and live upon the produce : In the Hunting season they go into the woods and hunt themselves or traffic with the more remote Indians for their Pelletries. Some of the Elders have been so tenacious of their Mother tongue, they hardly speak a word of French, but most of the Younger ones speak it tolerably well ; indeed it has ever been the policy of the French Government to make them retain that and as much of their ancient customs as possible, that they might prove of greater use to them in case of war with other nations, at the same time they endeavour'd to attach them to their Interest by every tie. A Missionary resides among them, they have a neat Chapel, where divine service is constantly performed at which all the Savages assist with a punctuality and decorum worthy of imitation by more enlightened people ; They seem to be well satisfied with the change of Masters, and were so particularly pleased at their Village having been spared during the Winter 1759, tho' forced by the French to abandon it, that they never could prevail on them to act with any degree of vigor against us. They have at present hut 32 Warriors and the whole Village, Men, Women and Children are short T -ii^' ^ e i r n u m » e r is decreased at least one half within these forty Years, and the Iribe would_by this time have been almost extinguished but for the supplies they got by captures in War, and the sale of unhappy infants whose Parents chose to conceal their own shame at the expence of such iniquitous bargains. Savages upon the South Shore. These have wandered about the Country so very much and have been so unflh b y t l l e c o n t i n u e ( i Wars and frequent revolutions that have happen'd in this part t t l e Continent, it is hard to give any tolerable account of them at this time. By the 56 CANADIAN ARCHIVES 6-7 EDWARD VII., A. 1907 best informations we have been able to collect, the Miamies were settled, and some are still, about the Bay des Chaleurs, and upon the Coast and Bays in the Gulph, they are not at present numerous. In 1759 about one hundred of them joined the French. The Kanibas and Malecites, inhabit about the Rivers S' John and Pentagouest ; their Language and that of the Abenalries is pretty nearly alike, and the three Nations are a good deal intermixed. The latter were settled about Narantsauc and Panaouanské, now wander about the South shore, and range the woods as they find it best answer their purpose, with those of the same tribe at S' François and Beaconcouru in the Government of Trois Rivieres, it is computed they may amount to twelve or fifteen hundred families and in 1759 about 600 fighting Men of these Nations joined the French army near Quebec. Under the French these were the only Indians who resorted to this place, where they received from the Government presents of Powder, Shot, Vermillion and other » trifles ; in time of War Clothing and Provisions. Montreal was the chief seat of the Fur-trade and the greatest concourse of remote and back Indians or of those who traded with them, was there. There the Governor General used to me t and confer with their Chiefs and all business relative to them was mostly transacted. From the Governor of Montreal therefore Your Lordship will certainly get fuller and better accounts on this head than I can possibly give. («) I have and ever shall be attentive, that due justice as far as in my power shall be done to them ; few Complaints have as yet been made, when there have been any they have met with instant redress. 17 th NATURE OP THE SOIL AND ITS PRODUCE. With a very slight cultivation all sorts of grain are here easily produced, and in great abundance, the inhabitants are inclinable enough to be lazy, and not much skilled in Husbandry, the great dependancies they have hitherto h-ed on the Gun and fishing rod, made them neglect tillage beyond the requisites of their own consumption and the few purchases they needed, the Monopolies that were carried on here in every branch, made them careless of acquiring beyond the present use, and their being often sent on distant parties and detachments, to serve the particular purposes of greedy and avaricious Men without the least view to public utility, were circumstances under which no country could thrive ; As they will not be subject to such inconveniences under a British Government, and being necessarily deprived of arms they must of course apply more closely to the culture of their Lands. The mines already discover'd, and the mineral and sulphurous waters in many parts of this Country leave no room to doubt, nature has been bountiful to it in this respect, and that further discoveries and improvements are likely to be made with regard to these, whenever it becomes more populous. Notwithstanding the waste of war, which they have much more severely felt from their pretended friends, than from their declared foes, the Country will abound in three or four Years with all kind of provisions, sufficient not only to answer their home consumption, but even to export if a Market can be procured Observations l s f. . . . They grow both Hemp and Flax in some parts of the Country, and many of the Lands are well cultivated for this Production. I t will be right to turn the thoughts of the people towards the cultivation of this article, so essential to Great Britain and for which she annually pays great sums to Foreigners, a few premiums properly disposd of, some Germans and Russians skilled in raising and preparing the same and encouraged for that purpose to become settlers here may in a short time greatly improve this most useful branch of Agriculture.. (a) No 5. Extract of a Letter giving some account of the Trade of the upper Country. CONSTITUTIONAL DOCUMENTS , 57 SESSIONAL PAPER No. 18 2 a .. This will be one means of employing the Women and Children during the long winters in breaking and preparing the flax and Hemp for exportation, will divert them from manufacturing coarse things for their own use, as it will enable them to purchase those of a better sort manufactured and imported from Great Britain. POPULATION The present state of population may be easily seen by the annexed (a) Account of the number of people in this Government taken about a twelve month ago There is great reason to believe this Colony has been upon the decrease in this respect for near twenty Years past, the Wars which they have been almost constantly carrying on, the strictness with which Marriages within a certain degree of consanguinity were forbidden except by dispensation, the obliging Strangers inclined to engage in that state, previously to prove their not being married before, and the prohibition of intermarriages between protestants and Koman Catholicks were so many bars to the propagation of the Species, these difficulties are now in a good measure removed ; the men are an active, strong, and healthy race, the Women are extremely prolifick and in all human probability the next twenty Years will produce a vast increase of People. TRADE. The French bent their whole attention in this part of the World to the Fur Trade, they never enter'd heartily or with any spirit into the fisheries : most of what was done in this way was by adventurers from the ports of France ; some Fish indeed Lumber and provisions were exported to the French islands. Had this trade been opened and agriculture promoted here with any degree of warmth, this branch of Commerce must have become both valuable and extensive, but it was monopolized into the hands of a few, by the connivance and management of the Chiefs, the sole view of these being to enrich themselves by every means. The interest of the State could not fail to be sacrificed upon all occasions. By the best accounts we can procure, the value of Furs exported in the Year 1754 and 1755 taken from the Duties paid thereon stood thus lb. s d £64,495 : 4 : 7£ (6) in 1754 1,547,885 : 11 : 0 5 2 , 7 3 5 : 8 : 4 (c) in 1755 1,265,650: 0": 0 But the most intelligent Traders here estimate the exportation of this one article to have amounted one Year with another to near £140,000 Sterling pr annum The exportation of these two Years apparently falls very short of this estimation, but it is probable a considerable quantity was run, for the value of imports amounted £ 2 1 6 , 7 6 9 : 4 : 9 1 (d) in 1754 to 5 , 2 0 2 , 4 6 1 : 1 5 : 0 75,560 : 8 : 9 ¿ . . . .The Exports of the same Year to 1,813,450 : 11 : 0 £141,208 : 16 : O^Ballance against the Colony would consequently appear 3 , 3 8 9 , 0 1 1 : 4 : 0 which carries with it no degree of probability but a strong presumption, that in this as indeed in every other branch the publick was ill served ; such of their custom house r°°~Ls a s u a v e come into my hands, are so confused and irregular, that even the late M-[ Farrant sent by the Lords of the Treasury to enquire into the commercial state of tliis Country tho' sensible and skill'd in transactions of the like nature, could collect •little information from them. The French East India Company had the sole privilege of exporting Beaver, for f 1 !_PJiiT^eJlieJ3ojnpany had an agent at each Government as Director and a Compel f° 6 - P- 61. (6) No 7. shewing the species of Fur and Quebec price ; (o) N° 7 : D° p. 61. W AN 8. Imports and Exports of 1754, p. 61. 58 CANADIAN ARCHIVES 6-7 EDWARD Vil., A. 1907 troller, a stated price was paid for it (a) four Livres a pound for the green or winter Beaver and one livre ten sols for the Parchement or summer one. The Companies officers gave their receipt for the quantities brought into their Storehouses these became current in the Colony as cash, and in October the Agents drew Bills of Exchange on the Company for the amount of receipts brought into their Office which were ever held * in more esteem than those drawn on the Royal Treasury. The provinces of New York and Philadelphia now share with Canada a great part of the Fur Trade formerly in the hands of the French, but that proportion of it, which the Quebec government enjoy'd must remain here unalterably. • The foregoing is an attempt to sketch the trade of Canada, while subject to French I Government, but under the full enjoyment of His Majestys mild and gentle administra- I tion, its commerce must flourish to a far greater extent. I 1 st A Most immense and extensive Cod Fishery can be established in the River and Gulph of S* Laurence, and may in time prove an inexhaustible source of wealth and power to Great Britain ; Settlements may be formed in the neighbourhood of the best fishing places to wliich the industrious and intelligent in that branch may be invited and encouraged to repair ; a rich tract of country on the South side of the Gulph will in consequence be settled and improved, a Port or Ports established and furnished with every material requisite to repair Ships, that have suffer'd by stress of weather or the difficulties attending navigation in such narrow seas, a point much wanted which will lessen the risks, and considerably increase the profits of the Commerce of this Colony. I t is further to be observed that the Fish caught upon these coasts and in the bays, |j far exceed the bank Cod and fetch an advanced price in foreign markets ; The fisher- | men being on the spot will commence fishing the very instant the season permits and will continue to the very last of it wherby at least two Months will be gained to the trade, which are just now a heavy expence to it, without producing the least profit to it. 2 d Next to the Cod in importance is the Whale fishery which can be carried on to the greatest advantage in the River S' Laurence with less risk and expence than in any other seas, where the animals resort ; Under this head may be placed the seal and seaCow fisheries of which there is a prodigious abundance, and an immense (sic) of oil and Whale-bone may be annually exported to Great Britain. 3 d - - There are several small rivers on the Coast of Labrador abounding with vast quantities of salmon ; this if followed with spirit and industry, might very soon become a considerable object to the British Trader. 4*11 . . His Majestys Yards may by the best accounts be supplied with masts from Chamblie, at a much cheaper and easier rate than from New England. By the latter a tedious Land carriage of several miles and the immense falls of a most rapid river over which they must be rafted and where many are lost must greatly enhance the value of this useful and necessary branch of Naval Stores ; whereas by the former with little or no risk at a proper season there is an easy water carriage for them toll the way to Quebec, the port for shipping them to Europe. 5 th—. —Tho' as has been before observed, this province must now share the Fur Trade, which she formerly possessed under the French Government, with the neighbouring Colonies, Yet that which was carried on with the' different nations inhabiting the northern Coast of Canada, must still remain with her; she may likewise hereafter regain a great part of that with the upper Country, on account of the more easy conveyance. I t is likewise probable that this very branch may be much farther extended, than ever it was under the French, by reason of the superior diligence and application of the British Traders. I t must be allowed the French were laudable in restraining the vent of Spiritous Liquors to the Savages beyond a certain quantity : by this means many broils were (a) The Company deducted 5 pr Cent on the above price from the Seller CONSTITUTIONAL DOCUMENTS 59 SESSIONAL PAPER No. 18 avoided, for they are fond- to excess of everything strong and are all mad in their intoxication. 6 t k.. Raising hemp and flax for which the lands are in many .places extremely proper must be an object of the most serious consideration, And I must repeat here, how useful this must prove to the end of promoting agriculture, of employing the Women and Children during the tedious winter months, and of procuring in a short time a vast exportation of that useful commodity for which the returns will be made in British Manufactures. 7 til .. As the Country abounds every where with oak, Ash, Hickory, Walnut, Birch, Beech, Maple and other hard woods, which by experience are known to Yield the most Salts, the article of Pot-ash so much demanded in our Manufactures, may be easily produced and soon become an object of consequence ; The essais for this purpose which have been made in our other Colonies and have miscarried, ought not to discourage an attempt1 in this. The high price of Labor ; the Woods being in many parts remote from Water carriage, and the greater encouragement for growing and exporting provisions to the West Indies, have been so many obstacles to the making of Pot-ash in our Colonies, whereas provisions here must be very cheap in a few Years, for the navigation being closed six months out of the twelve this Country can never vie with our Southern Provinces in trie West India trade ; besides the country being settled close to the Hiver side, the conveyance of the Commodity to the Port where it is to be shipped, will be both cheap and easy it will likewise be a means to employ the men all Winter in the business of Felling and drawing of AYood which time they chieñy dedicate to idleness and smoking 10Ul CHARACTER OF THE PEOPLE The Canadians may be ranked under four different classes 1 at The Gentry or what they call Kobilitv 2 d The Clergy 3 a The Merchants or trading part 4 ül The Peasantry or what is here stilled, Habitant. 1 J The Gentry. These are descended from the Military and Civil officers, who have settled in the Country at different times and were usually provided for in the Colony Troop| ; These consisted formerly of 28 afterwards 30 and had been lately augmented to 40 Companys. They are in general poor except such as have had commands in distant posts where they usually made a fortune in three or four Years. The * Croix de S' Louis quite completed their happiness. They are extremely vain and have an utter contempt for the trading part of the Colony, tho' they made no scruple to engage in it, pretty deeply too, whenever a convenient opportunity served ; They were great Tyrants to their Vassals who seldom met with redress, let their grievances be ever so just. This class will not relish the British Government from which they can neither expect the same employments or the same douceurs, they enjoyed under the French. 2 a The Clergy. Most of the dignified among thehi are French, the rest Canadians, and are in general of the lower class of People, the former no doubt will have great difficulty to reconcile themselves to us, but must drop off by degrees. Few of the latter are very clever, however the Ecclesiastical state was once composed' entirely of natives, they would soon become easy and satisfied, their influence over the people was and is still very great, but tho' we have been so short a time in the Country, a difference is to be perceived, they do not submit so tamely to the Yoke, and under sanction of the capitulation they every day take an opportunity to dispute the tythes with their Curés. These were moved from their respective parishes at the Bishops pleasure, who thereby always kept them in awe, it may not be perhaps improper to adopt the same Method, m case His Majesty should think right, for the sake of keeping them in proper subjectwn, to nominate them himself or by those who act under his authority. 60 CANADIAN AROEIYES 6-7 EDWARD VII., A. 1907 I t is not improbable that the Jésuites warned by their late disgraces in the dominions of these Potentates who seemed to favor them the most, and apprehending the like or worse treatment from those they stiled Heretics will chuse to dispose of their Estates and retire, as they may possibly find some difficulties to get purchasers the Government might buy their Lands at an easy rate and dispose of the same to many good purposes. 3 d The Traders of this Colony under the French were either dealers in gross or retailers, the former were mostly French and the latter in general natives of this Country all of whom are deeply concerned in the letters of Exchange many are already gone to solicit payment and few of those who have any fund of any consequence in France will remain here. 4 t h . . . . The ith Order is that of the the Peasantry, these are a strong healthy race, plain in their dress, virtuous in their morals and temperate in their living : They are in general extremely ignorant, for the former government would never suffer a printing press in the Country, few can read o». write, and all receive implicitly for truth the many arrant falsehoods and atrocious lies, industriously handed among them by those who were in power. They took particular pains to persuade them, the English were worse than brutes, and that if they prevailed, the Canadians would be ruled with a rod of Iron, and be exposed to every outrage, this most certainly did not a little contribute, to make them so obstinate in their defence, However ever since the Conquest, I can with the greatest truth assert, that the Troops have lived with the Inhabitants in a harmony unexampled even at home, I must here, in justice to those under my command in this Government, observe to Your Lordship, that in the Winter which immediately followed the reduction of this Province, when from the Calamities of War, and a bad harvest, the inhabitants of these lower parts were exposed to all the horrors of a famine, the Officers of every rank, even in the lowest generously contributed towards alleviating the distresses of the unfortunate Canadians by a large subscription, the British Merchants and Traders readily and cheerfully assisted in .this good work, even the poor Soldiers threw in their mite, and gave a days provisions, or a days pay in the month, towards the fund, by this means a quantity of provisions was purchased and distributed with great care and assiduity to numbers of poor Families, who, without this charitable support, must have inevitably perished ; such an instance of uncommon generosity towards the conquered did the highest honor to Cheir conquerors and convinced these poor deluded people, how grosly they had been imposed upon ; the daily instances of lenity, the m*partial justice .which has been administer'd, so far beyond what they had formerly experienced, have so alter'd their opinion with regard to us, I may safely venture to affirm for this most useful Order of the state, that far from having the least design to emigrate from their present habitations into any other of the French Colonies, their greatest dread is lest they should meet with the fate of the Accadians and be torn from their native Country. Convinced that this is not to be their case and that the free exercise of their religion will be continued to them once Canada is irrecoverably ceded by a Peace the people will soon become faithful and good subjects to His Majesty, and the Country they inhabit with in a short time prove a rich and most useful Colony to Great Britain. Before this report is closed it will not be improper to observe to Your Lordship how impossible it is to ascertain exactly what part of ÍTorth America, the French stiled Canada, no Chart or Map whatever having fallen into our hands or public record of any kind to shew what they understood by it. However it is to be hoped, the limits on this side at least will need no canvassing nor admit of any dispute Should I be able to procure farther lights relative either to those limits or the several other matters contained in this Report worthy of notice, You may be assured CONSTITUTIONAL DOCUMENT® 61 SESSIONAL PAPER No. 18 they shall be forthwith transmitted to Your Lordships, happy if my labors can any way conduce to His Majestys Service, or the good of my Country. I have the Honor to be with great truth and regard My Lord,—Your Lordships, most obedient and most faithful humble Servant J A : M U R R A Y Quebec 6th June 1762. Papers refend to in this lleport1 N° 1 King Arret of the 15th March 17,32 directing the letting of the Lands granted already within a certain time limitted on pain of forfeiture. 2 Tariff of Duties on Imports and Exports 3 List of Revenue Officers in Canada the Year 1758 with their Salaries 4 Ordonnance current for llb : 10s or about 7 \ Sterling. 5 Extract of a Letter to Governor M urray giving some account of the India trade in the Upper Country 6 Number of souls in the Government of Quebec 1761. 7 th Quantity of Furs exported in 1754 with the Quebec prices of the several species 8 Imports and Exports in 1754 Seven Plans Project for Building a Citadel. COL. BURTON'S REPORT OF T H E STATE OF T H E GOVERNMENT OF T H R E E RIVERS. 2 The Government of Trois Rivieres lyes upon the River S' Lawrence, between the two Governments of Quebec, and Montreal, LENGTH It Extends about Eighty Miles along the Shore of the River, which in its Course Divides it into two Departments, the North beginning a little above a place Called Les Grondines, which Divides it from the Government of Quebec, & goes up as far as the River Chicot, where it Ends ; and the South Department beginning between S* Jean, & S' Pierre les Bequets, Ending with the upper part of Yamasca Bay. BREADTH It Runs to the Southward as far as Nova Scotia, Newhampshire, & the Massachusetts, to which Countries Several Rivers of this Government Afford a short passage, especially those of Nic >lette, & Biencour, which run up within five or six miles of the
source of Kennebeck River, and that of S* François, navigable for Canoes to the Portage,
which is six miles over, You then Enter a branch of the Connecticut River. To the
-Northward, this Government stretches thro’ an Immense Tract of Country, as far as
Hudson’s Bay ; and the same Nations that trade with the Company settled there, used
formerly to bring their Furs into this Government thro’ the Rivers of S’ Maurice à
Batiscan.
Notwithstanding the Factory settled at Hudson’s Bay, and the Posts at Tadousac,
Chicoutimi up the Saguenay, the easy Navigation of those Rivers especially that
-Batiscan, Induces several of the Indians, Called Têtes de BouUe to Come down even
now to this Government every spring.
¡> 5 Pa
Pers here mentioned do not accompany the Report as preserved in the Public Secord Office,
bee note p. 37.
62 CANADIAN ARGEIYES
6-7 EDWARD VII., A. 1907
STATE OP THE COUNTRY.
All the Lands in this Government, as well as thro’ all Canada, are Divided into
Seigneuries, & mannors, granted by the Crown of France to different people, upon certain conditions, such as settling them within a limitted time, paying Hommage at Every
Change of Seigneur, and part of the purchase in case of Sale, as also Reserving to the
Crown the right of cutting timber for building of Ships, or Erecting Fortifications. The
Seigneurs are likewise obliged by the said Grants to Report to the Governor Whatever
mines may be Discovered in their respective Seigneuries, as all mines found in Canada
are the King’s Property. In general these Seigneuries run Four or six Miles in front ;
and six or nine deep from the Banks of the River S* Lawrence so that many Lands are
yet in the hands of the Crown, on the back of those that are Granted.
The Seigneurs had by their Original Grants the power of naming Judges & Administering Justice, even in Capital Cases, thro’ their Districts ; but Custom has Abolished
those too great privileges, tho’ the Powers for it are yet extant, in the hands of the
Seigneurs : However all suits are now Carried before the proper Tribunals named &
established by the Crown.
The Habitations are for the most part settled along the banks of the River S*
Lawrence, or up the Rivers & Rivulets that fall into it, and are seldom Carried up
higher than five or six Miles. There are in this Government Eighteen Parishes, viz*
North Shore South Shore— *
S* Anne, S’ Pierre Bequets
S
l
Marie, Gentilly
Riv” Batiscan Biencour
Côte Batiscan Nicolette
Champlain Bay S* Antoine
Cape Magdalaine Sl
Francois
Trois Rivieres Yamasca.
Point du Lac
Machiche,
Rivr
du Lup.
Maskinonge
These seven last Parishes, viz*. Du Lac, Machiche Rivre du Loup, and Maskinonge
on the North Shore ; Nicolette; Bay S* Antoine, S’ François, & Yamasca on the
South, are settled round Lake S’ Pierre, which is formed by the Spreading of the
Water of the River S* Lawrence, the Bottom muddy, the Water Shallow, one à
Twenty miles inr’Length, and about ten in Breadth ; the Channel is not above thirteen
feet deep, but the bottom of so soft a mud, that a Yessell drawing Fourteen feet may
plough through it, it Abounds with many sorts of Excellent Fish.
The Town of Trois Rivieres which is the Capital lays in the Centre of this Government, as also at an Equal Distance from Quebec, & Montreal ; it -is built upon the
North Shore of the River S’ Lawrence, and Consists of about One Hundred Houses a
Parochial church, a Convent of Ursuline Nuns, & Another of Recollet Priests.
STATE OF THE FORTIFICATIONS
There was no other Fortification in this Town, than the Governors House, which
is Stockaded round, and Commands by its Situation the Town & Country about it,
Untill the siege of Quebec in 1759. When they Erected Batteries in several Parts of
the Town, made an Irregular Intrenchment on that side of it which looks towards the
River S’ Lawrence ; and threw up Lines flanked with two Redoubts, in the Common
that lyes to the Westward towards Montreal.
STATE OF DEFENCE.
This place is at present in no state of Defence, the French having Neglected from
their Imaginary Security to pay the least Attention to Fortifying it, & suffered the
CONSTITUTIONAL DOCUMENTS’ 63
SESSIONAL PAPER No. 18
Inhabitants to build their Houses upon the low Ground near the Common, which is
liable to be overflowed Every Spring, rather than take advantage of the high Situation
upon which part of the Town is built, whereas they might have secured to themselves
at a very little Expence, Safe & convenient Magazines for Stores & Provisions, which
the equal Distance from Quebec & Montreal, & the proximity to the Iron Mines &
Forges that lay behind this Town seem to have pointed out.
PRODUCTS OF THE SOIL.
The Laziness of the people, & the alluring & momentary Advantages they reaped
from their Traffick with the Indians in the Upper Countrys, & the Counterband
Trade they Carried on with the English Colonies, have hitherto prevented the progress
of Husbandry, so that out of very near One Hundred Thousand of Acres of Land,
granted by the Seigneurs of the different Parishes, there are not sixteen Thousand
under Cultivation, whereof hardly Five Thousand have been Employed for sowing of
Wheat, which for many years past have not been sufficient for supplying the Inhabitants of this Government with Bread ; and has obliged them to procure Yearly from
the Governments of Montreal, or Quebec, several Thousand Bushells of Wheat, in
Exchange for Pish, Oats, & Tobacco. The Soil tho’ light & sandy in some Parishes
produces in general, good Crops of Wheat, Oats, Pease, & all sorts of Vegetables. Tho’
the Lands are not near so well Cultivated as they might be, Fruit trees such as Apples,
Pears, & Plumbs, have been often planted in this Government, but don’t thrive—The
Inhabitants attribute it to a Stratum of marie that lyes within a foot, or fourteen inches
from the surface, which”Occasions the Tree to Decay, as soon as the Root touches it.
In the sandy Parts of this Government, musk & water melons are produced in great
abundance, good of their kind, and with very little trouble. The difficulty for some •
years past for procuring Tobacco, from the English Colonies, has encouraged the Inhabitants of this Government to Cultivate it, by which means many of their Corn Fields
have been turned to that use, and those Lands greatly Impoverished.
STATE OP THE REVENUE OF THIS GOVERNMENT.
This Government has hitherto brought nothing into the French King’s Coffers.
There was formerly a Regular Office for buying of Beaver Settled at Trois Rivieres, in
the same manner, and with the same priviledges & Restrictions as those of Montreal,
and Quebec. But the Advantage which the Inhabitants found in Carrying their Packs
to either of the above mentioned Towns, where they could supply themselves with what
broods they wanted, encouraged them to Venture, disobeying the orders given to the
Contrary, and of Course rendered the produce of that office, so triffling that after some
Years it was joined to that of Quebec.
The only Branch of the Revenue remaining in this Government, is the Kings
Dues & Rights, Amounting to a twelfth part of the Price in Case of Sale or Exchange
ot such Lands, or Houses, as lye upon his Demesnes ; as also a fifth Part of the Price
of kale, or Exchange of all Seigneuries
§
43
S
¡3
02
.1
DO
a
ai
a
=8
‘ST
xn
32
1
1a
Q
Kfíective
Rank
& File
Trois Rivieres
Masquinonge & Mas’ Anne & Chains ‘ François ‘
44’h J
46th
46th
46th*-
Captain Treby
Captain Legge
Captain Arnot
1
1
1
2
2
1
1
1
1
1
1
1
1
2
^ 2
2
3
3
1
2
1
2
2
73
69
60
59
59
Trois Rivieres
Masquinonge & Mas’ Anne & Chains ‘ François ‘
44’h J
46th
46th
46th*-
Total..
2
2
1
1
1
1
1
1
1
1
2
^ 2
2
3
3
1
2
1
2
2
44’h J
46th
46th
46th*-
Total.. 3 7 5 12 8 320
44th Regiment—Captain William Hervey Major of Brigade ; one Serjeant recom» i
mended ; one Serj’ one Drummer on Party. j
46. Regiment—Captain Alexander Johnstone at Quebec, with leave of General
Amherst, one Serjeant on Party.
R. BURTON
Colonel—
CONSTITUTIONAL DOCUMENTS 67
SESSIONAL PAPER No. 18
RETURN of the Canadian Inhabitants settled in the Town & Government of TroisRivieres in April 1762—
Names of Parishes Hous»
Keepers
Married
women
.
&
widows
Males
unmarried &
Females
unmarried &
Male
SerFemale
SerMen
able to
Bear
Arms
136
Total
of the Hous»
Keepers
Married
women
.
&
widows Children
148
Children
168
vants
59
vants
53
Men
able to
Bear
Arms
136
People.
Les Trois Rivieres 114 130
Children
148
Children
168
vants
59
vants
53
Men
able to
Bear
Arms
136 672
46 44 ’66 73 2 1 53 232
106 110 176 164 9 2 153 567
Biviere du Loup 104 97 152 141 22 4 88 500
65 62 112 94 2 3 62 338.
110 117 161 153 20 12 149 573.
57 52 90 111 16 14 70 340
Baye S’ Antoine 57 51 94 67 5 5 * 67 279.
Nicolette 95 84 122 123 12 10 111 446
63
27
60
30
65
44
84
44
1
1
6
2
66
35
279
Jentilly
63
27
60
30
65
44
84
44
1
1
6
2
66
35 148.
33 33 70 69 14 0 53 219
S’°Anne 58 44 110 85 17 12 60 326
58 49 80 85 3 8 64 283
Riviere Batiseant 98 95 153 154 6 7 65 513
Batiscant 35
48
35
49
60
72
79
71
6
30
8
18
54
65
223.
Champlain
35
48
35
49
60
72
79
71
6
30
8
18
54
65 288
Gape Magdaleine 32 29 45 35 15 18 40 174
1 orges S* Maurice 11 11 18 28 3 1 0 72
Total 1217 1182 1838 1948 243 184 1391 6.472
N.B. There are besides in this Government Three Indian Villages, one at Béeancour ; Another at S’ François both of Abenakis ; and the last at Pointe du Lac of
Algonquins, Containing about 500 Men Women & Children—Besides Forty Five
Families of Acadians, amounting to very near Two Hundred people hutted in different
places of this Government.—
From the Registers of the Secretary’s Office at Trois Rivieres, the 5th of April
J. B R U Y E R E . Sec1
*
1 8 – 3 – 5 J
N ° 3 . ,
RETUEST of the Lands granted by the Seigneurs, those under Cultivation, their Natural property, & the Number of Cattle
throughout the Town & Government of Trois Rivieres, in April 1762—
upon them,
Names of Parishes
La Trois Rivieres.
Pointe dn Lac. .
Machiche
Riviere du Loup. Maskinongé
Yamasca
S’ François
Baye S* Antoine.
Nicolette
Bécancour
Jentilly
S1Pierre
S’8 Anne
S’« Marie
Riviere Batiscant
Batiscant
Champlain
Cap
Acres
of Land
Granted
Acres
under
Cultivation
5830 1339
2780 280
9800 1800
6200 1200
4250 550
9300 1300
2600 1100
6000 1000
9200 1200
3400 400
5800 200
3900 400
3850 850
4637 1100
3500 500
4033 1482
5H60 1400
2100 600
92840 16701
Property of the same
All sorts of grains
Wheat & Oats
Wheat
Wheat & Oats
Wheat Oats & Pease…
All sorts
Wheat & Indian Corn.
Wheat & Pease
All sorts
All sorts
All sorts ,
Wheat & Oats
Wheat & Oats
Wheat & Oats
Wheat Oats & Tobacco.
Wheat Tobacco
Wheat Oats & Tobacco.
Oats & Tobacco
Horses
80
20
90
90
50
120
60
50
60
40
24
35
64
66
107
46
80
41
1128
Horned
Cattle
From the Registers of the Secretary’s Office at Trois Rivieres April 5th 1762
210
50
250
160
150
380
180
200
210
200
60
120
110
142
240
127
175
142
3108
Sheep.
50
12.
70
20
25
150
40
80
80
20
7
30- 75
133
25
38
10
19
884
N.B. There is in this Government great plenty of Hogs, Poultry, Wild Fowl, espe- cially wood Pidgeons: Abundance of Fish in take S* Pierre And such an amazing quantity of small fish Crouding up the River S* Maurice about Christmas, that it
is sufficient to maintain several poor families, during great part of the Winter—They even feed their Hogs with ¿hem.
J. B R U Y E R E .
Sec’y
m
o
>
33
O
2
•a
O
tu
i
¡32
O
“si
CONSTITUTIONAL DOCUMENTS 69
SESSIONAL PAPER No. 18
W 4
RETURN of the Number of Christenings, Marriages, & Burials in the Govern-
. ment of Trois Rivieres from September 1760, to April 1762
Names of Parishes
CHRISTENINGS Marriages
BüEIALS
Male JTemale
Marriages Male I Female
38
8
35
19
11
24
21
13
16
18
18
38
38
16
8
36
10
30
23
13
32
20
16
19
14
8
33
32
18
3
19.
4
12
18
11
26
7
14
19
21
8
19
21
12
4
27
7
31
7
7
11
18
7
5
2
3
25
20
8
4
38 34
8
35
19
11
24
21
13
16
18
18
38
38
16
8
36
10
30
23
13
32
20
16
19
14
8
33
32
18
3
19.
4
12
18
11
26
7
14
19
21
8
19
21
12
4
27
7
31
7
7
11
18
7
5
2
3
25
20
8
4
5
13
5
3
Bay S’AnÇoine
NicoUette
Béeaucour
38
8
35
19
11
24
21
13
16
18
18
38
38
16
8
36
10
30
23
13
32
20
16
19
14
8
33
32
18
3
19.
4
12
18
11
26
7
14
19
21
8
19
21
12
4
27
7
31
7
7
11
18
7
5
2
3
25
20
8
4
20
17
8
7
4
S’Pierre
S’6
Anne
Batiseant et Riviere Batiscant
38
8
35
19
11
24
21
13
16
18
18
38
38
16
8
36
10
30
23
13
32
20
16
19
14
8
33
32
18
3
19.
4
12
18
11
26
7
14
19
21
8
19
21
12
4
27
7
31
7
7
11
18
7
5
2
3
25
20
8
4
5
21
12
Champlam et Jentilly
Cap Magdaleine
38
8
35
19
11
24
21
13
16
18
18
38
38
16
8
36
10
30
23
13
32
20
16
19
14
8
33
32
18
3
19.
4
12
18
11
26
7
14
19
21
8
19
21
12
4
27
7
31
7
7
11
18
7
5
2
3
25
20
8
4
14
3
38
8
35
19
11
24
21
13
16
18
18
38
38
16
8
36
10
30
23
13
32
20
16
19
14
8
33
32
18
3
19.
4
12
18
11
26
7
14
19
21
8
19
21
12
4
27
7
31
7
7
11
18
7
5
2
3
25
20
8
4
Total %
. . . 321 307 215 182 171
Thus the Number of Births in this Government have during the above mentioned
time, Exceeded that of Burials by 275—
From the Registers of the Secretary’s Office at Trois Rivieres—April the 6 a
1762—
J. B R U Y E R E . Secty
Endorsed :-Colonel Burton
Report
of the State of the Government of Trois
Rivieres in Canada
April. 1762 :
in Sr
J. Amherst’s of June 15 : 1762.
No 20.
GENERAL GAGE’S REPORT OF T H E STATE OF T H E GOVERNMENT OF
MONTREAL.
MONTREAL March 20th
, 1762.
SIR, T have already Acknowledged the Receipt of a Copy of the Earl of Egremont’s Letter to you of the 12th Decr
, and I take this opportunity to return you my
Answers thereto, Assuring you, that I have lost no Time in collecting the best Information of Every thing Contained in that Letter that I could possibly procure.
I feel the highest Satisfaction, that I am able to inform you, That during my Command in this Government, I have made it my Constant Care #nd Attention, that the
Canadians should be treated agreeable to His Majesty’s kind & humane Intentions.
£fo Invasion on their Propertys, or Insult on their Persons have gone unpunished, All
Reproaches on their Subjection by the Fate of Arms, Revilings on their Customs or
Country, and all Reflexions on their Religion have been discountenanced and forbid.
No Distinction has been made betwixt the Briton & Canadian but equaly regarded
as Subjects of the same Prince. The Soldiers live peaceably with the Inhabitants, & they
reciprocaly acquire, an affection for each other. I have notwithstanding, made known,
Jiis Majesty’s Pleasure on these Particulars to the Several Commanders of Corps, that
^ery Individual may be acquainted therewith, which will, no Doubt, Add the greatest
eight to the Orders & Directions which have been already given. And you may be
ssured that Troops who have ever shewn the most Ardent desires, to Advance the
Merest of their Sovereign, and paid the most exact Obedience to his Commands, will
IT”6
vr • e a c l 1 o t l l e r i n urotherîy L ° v e and Affection to the Canadians, over whom,
IT* ,~.
a
J
esty has extended his Royal Favor, & Protection. The Indians have been
rearad, on the Same principles of Humanity, They have had immediate Justice for all
70 CANADIAN AEOEI7WS
6-7 EDWARD VII., A. 1907
their Wrongs, and no Tricks or Artifices have hitherto been attempted, to defraud
Them in their Trade.
I send herewith a Return, (N° 1) of the present State of the Troops & Artillery
in this Government, As to the Fortifications, except Fort Wm
Augustus, which may at
present be in a good state of Defence, the rest having only been calculated to repel sudden
Invasions of Indians, are of Course, of small consideration. The City of Montreal is
surrounded by a high Wall ramparted and flanked ; the Parapet about Three feet thick
-a natural Defence from the River S’ Lawrence on one side, on the other, a Ditch mostly
faced. Upon a Height within the City, is a small square work of wood, compleated
since the Capitulation, provided with a few pieces of Artillery, & capable of containing
Seventy or Eighty Men. The Fort of Chamblé, is an Antient Stone Castle, flanked
with Tours, in which are Port-Holes, for small pieces of Ordnance, no Ditch or Outwork.
You will also receive herewith, a General Return, (N° 2,) of the State of this Government, for the year 1761, Comprehending the Number of its Inhabitants, Cattle &ca.
The State of Population, Quantity of Acres Cultivated and Quantity of -Grain sown,
for the particulars of all which, I referr you to the Return.
The Soil produces all sorts of Summer grain, in some parts of its Government, the
Wheat is sown in Autumn. Every kind of pulse & other vegetables ; to which I may
add, some Fruits, viz’ Apples Pears Plumbs Melons, &ca. Cyder is made here, but as
yet in Small quantitys, In general, every Fruit tree, hardy enough to withstand the
severity of the Winter, will produce in the summer, which affords sufficient Heat, to
bring most kinds of Fruit to Maturity.
The Profits, which the French King drew from the Government of Montreal, unconnected with the other two Governments, of Trois Rivieres & Quebec, proceeded from the
Sale of certain Trading Posts in the Indian Country, From, the Money paid for permits, to
trade at others, which were called Free Posts, from the King’s own Trade, at those
called the King’s Posts. And from, the Droit de Quint, & Droit d’Échange. In
Return (N° 3) you will find these several posts particularly ascertained, with the annual
Profits which might have accrued from the two first. I t is impossible to ascertain, what
were the Profits & Losses upon the French King’s own Trade; No Doubt, that Trade well
managed, would have produced considerable gains ; but from the Number of Commissaries & Factors employed, who have made very large Fortunes for themselves ; and the
immense profusion of Presents, made to the Indians ; I must conclude, His Majesty
gained very little from the Commerce.
The Lands have all been granted, on Feudal Tenures, from thence ; The King’s
Droit de Quint, & Droit d’Échange. The first is a Fif oh, of all Monies that shall be
received, on the sale of Seigneuries, or Lordships. The Latter, a Fifth of the value of all
Lordships exchanged, & a Twelfth of the value of all Copyhold. Estates, that shall be
exchanged. The Right of Exchange however, did not belong to the French King, either
in the City or Island of Montreal ; It having been granted to the priests of the Seminary
of S’ Sulpice, who are Temporal Lords of that Island. And enjoy the privilege of the
Exchange, as well the City as the rest of the Island. The French King generally
remitted a Third of his Dues on these tales & Exchanges, whose Revenues
from hence, might amount, Communibus Annis, to about Three Thousand Livres.
I have Supported His Majesty’s Right to these fines of Alienation remitting the Third,
according to old Custom. This Year by an Accident, They have amounted to Nine
Thousand Livres.
Immediately after we became Masters of this Country, all Monoplys were abolished,
and all Incumbrances upon Trade were removed. The Traders chose their posts,
without the obligation of purchasing them, and I can by no means think, The French
Management, in giving exclusive grants of trade, at particular posts, for the sake of the
sale thereof ; or the sale of permits to trade at the free posts, worthy our Imitations.
The Indians of course paid dearer for their goods, & the Trade in General, must have
been injured by Monoplys. The Traders were alone at the posts they had purchased,
where no person in Authority had the Inspection of their Conduct ; & committed many
abuses, for which the Indians could get no Redress ; And it has happened, that the
Indians had murdered the Traders & plundered their Effects ; by which the French
have been drawn into wars at a very great Distance, and at a great Expense. The
CONSTITUTIONAL DOCUMENTS TL
SESSIONAL PAPER No. 18
French also found a very great Inconvenience in this kind of Traffick, from the Loss of
men to the Colony.
Nothing was more Common, than for the Servants, whom the Merchants hired to
work their Boats, & assist in their Trade, thro’ a long Habit of Indian Manners & Customs, at length to adopt their way of Life, to intermarry with them, & turn Savages.
Several Edicts have been published to prevent this but notwithstanding, there are
now some Hundreds amongst the distant Indians, who I do not suppose will ever return
to their Country. Tho’ the Trading Posts were by this means multiplied, and from
thence appears to have increased the Trade, in reality, unless in a few Instances, these
Monopolizers brought no Addition of Commerce into Canada, as they for the most part
traded with Indians, who would otherwise have carried their Furrs to the great Marts
of Michillimakinac and Detroit, so that in Effect, they were only Forestallers of the
Market. Besides the Inconveniences which I have mentioned, to have attended the
sale of Posts & Permits, I conceive this matter to be so liable to abuse, thro -Receivers,
Jobbs, & Perquisites, that it would bring but little into His Majesty’s Cofiers.And that
the surest & easiest way to encrease His Majesty’s Revenue from the Pelletry will be the
laying such Dutys only on its Importation, as shall be thought Advisable.
To remedy the Inconveniencies & abuses, which both the English & French have
suffered,- thro’ the management of the Indian Trade ; I know no better method, than to
assign a certain Number of Posts in the distant Country, to which only, the Traders
should be allowed to traffick, and to abolish all the little Posts.
And-I am of opinion the Five Posts hereafter mentioned, will enable His Majesty’s
subjects to trade with almost every Nation of Indians, that has yet been discovered, and
that have been accustomed to Trade with the French, viz’ Kanamistigoua on Lake Huron, Miohillimakinac Baye des Puants in Lake Michigan The Detroit, and Houilliatanon, on the Ouabache.
A small Detachment of Troops with proper Officers should be in each of these Posts,
And the officers Authorized, either solely by themselves, or assisted by such other persons
as may be found in the posts, to exercise a Judicial power—The Vast distance some
of the above Posts are from the Inhabited Country, would alone make this circumstance
highly necessary, and the advantages that would arise from it, are very apparent, The
Insolence of the Indians will be checked, by the Presence of the Troops. The Tricks
& Artifices of the Traders to defraud the Indians will meet with Instant Punishment,
•which cannot fail to make the Indians conceive, the highest Opinion of Our Integrity &
His Majesty’s good inclination towards them, and by these means, all Disputes and
Masts, & generaly all kinds of Naval Stores.
J-he people in general seem well enough disposed their new Masters. The only
auses of Dislike which I can discover, proceed from the fear of losing their paper
•aioney, and the Difference of Religion, I understand Canada to be on the same
72 CANADIAN ARCHIVES
–
6-7 EDWARD VII., A. 1907
Footing in Respect of this money, as all the French Colonys ; and if France pays any
of them, I dont see how she can avoid paying the Bills of Exchange drawn from
Ganada, in the same proportion as she pays the rest. It is the Canadians only who
would be sufferers by an exception, as Canadian Bills, to a very large amount are in
the possession of French Merchants, and the rest may be sent to France, & no body
be able to distinguish which is French, or which Canadian Property. The people
having enjoyed a free & undisturbed Exercise of their Religion, ever since the
Capitulation of the Country ; Their fears in that particular are much abated, but there
still remains a Jealousy. I t is to be hoped, that in time this Jealousy will wear off :
and certainly in this, much will depend upon the Clergy, Perhaps Methods may be
found hereafter, to Supply the Cures of this Country with Priests well affected, But
whilst Canada is stocked as she now is, with Corps of Priests detached from Seminarys
in France, on whom they depend, and to whom they pay obedience I t is natural to
conceive, That neither the Priests, or those they can influence, will ever bear that Love
and Affection to a British Government, which His Majesty’s Auspicious Reign would
otherwise engage from the Canadians, as well as from his other Subjects.
No Persons have left this Government to go to France, except Those, who held
Military and Civil Employments under the French King. Nor do I apprehend any
Emigration at the Peace being perswadedthat the present Inhabitants, will remain
under the British Dominion. I perceive none preparing to leave the Government, or
that seem inclined to do it ; unless it is a few Ladys whose Husbands are already in
France, and they propose to leave the Country when Peace is made, if their Husbands
should not rather choose to return to Canada.
As I cannot discover that the Limits betwixt Louisiana & Canada were distinctly described, so as to be Publickly known, I can only inform you, what were
generally believed here, to have been the Boundaries of Canada &. give you my own
Opinion, which is drawn from the Trade that has been Constantly carried on, by the
Canadians, under the Authority, and permission of their several Governors. From
hence I judge, not only the Lakes, which are Indisputable, but the whole Course of the
Mississippi from its Heads to it’s Junction with the Illinois, to have been comprehended
by the French, in the Government of Canada,
The People of Louisiana carry their Trade up the Missouri River, and I can’t find
that the Traders from that Province, ever went higher up the Mississipi, than the
mouth of the Illinois River, on the Contrary, the Traders from Canada, did constantly
trade above the Illinois, from their Posts on Lake Michigan, even up to the River Sl
Croix, and the Falls of S* Anthony, And it was the Trade alone of the Mississipi
Indians, which made the Post of the Baye des Puants, so very advantageous. The
Illinois River, tho’ formerly in the District of Canada, was, after some Disputes betwixt the Governor, annexed to Louisiana. A South Easterly Line, drawn from the
portage, betwixt the Illinois River and the waters which run into Lake Michigan will
bring you to the post of Houilliatanon upon the Ouabaches fourscore Leagues down
that River ; Computing from that part, where the Boats are Launched, after crossing
the Portage of the Miamis. This was the last Trading Post belonging to Canada
on that side, & was certainly the Boundary of Canada on that side. About sixty
Leagues below this Post, is the Post of Vincennes, which was served by the Traders of
Louisiana, and of Coursé, was the Boundary of that Province. This is the best information I can procure you concerning the Limits, and what I have described to you, are
thought to be the real Boundaries betwixt the two Provinces.
As I have answered the several Particulars of Lord Egremont’s Letter, after
having made the best Enquiry I shall think myself happy if the Acco* I send you,
shall in any Shape contribute to Your transmitting to His Majesty the exact State of
his Province of Canada. I am with great Regard & Esteem.
Sir, your most obedient most humble servant,
His Excellency THOB
. GAGE.
S
r
Jeffery Amherst.
Endorsed : Major General Gage
20*” March 1762
in Sr
. J. Amherst’s of May 12th 1762.
No 38.
GONST:TUTWNAL DOCUMENTS 73
SESSIONAL PAPER No. 18
TREATY OF P A R I S 1763.*
F. 0. State Papers.
Treaties
February 10th 1763.-
DEFINITIVB Treaty of Peace and Alliance between Great Britain France and Spain,
concluded at Paris, with the Seperate Articles thereunto belonging.
A u Nom de la Très Sainte & Indivisible Trinité, Père, Fils, & Saint Esprit. Ainsi
soit il.
Soit notoire à Tous Ceux, qu’il appartiendra ou peut appartenir, en Maniere quelconque.
Il a plû au Tout Puissant de répandre l’Esprit d’Union a n d with all its dependencies, to the King of Great Britain : Moreover,
r’o4ií n Cristian Majesty cedes and guaranties to his said Britannick Majesty, in full
tlf ,
. 5 ‘ a n a c ‘
a
!
w
ith all its dependencies, as well as the island of Cape Breton, and all
e
other islands and coasts in the gulph and river of St. Lawrence, and in general,
jy thing that depends on the said countries, lands, islands, and coasts, with the
th ^ 1
^ ” ^ ‘ Property, possession, and all rights acquired by treaty, or otherwise, which
cou i °
S t 0 h r i s t i a n K i n S
a n d the Crown of France have had till now over the said
Kin1
A l a n d s ‘
islaQds’, places, coasts, and their inhabitants, so that the Most Christian
Brirg-°
a n d m a k
e s o v e r the whole to the said King, and to the Crown of Great.
ain, and that in the most ample manner and form, without restriction, and without
86 CANADIAN AB0EITM8
6-7 EDWARD VI!., A. 1907
any liberty to depart from the said cession and guaranty under any pretence, or to
disturb Great Britain in the possessions above mentioned. His Britannick Majesty, on
‘his side, agrees to grant the liberty of the Catholick religion to the inhabitants of
Canada : he will, in consequence, give the most precise and most effectual orders, that
his new Roman Catholick subjects may profess the worship of their religion accord ng
to the rites of the Romish church, as far as the laws of Great Britain permit. His
Britannick Majesty farther agrees, that the French inhabitants, or others who had been
subjects of the Most Christian King in Canada, may retire with all safety and freedom
wherever they shall think proper, and may sell their estates, provided it be to the
subjects of his Britannick Majesty, and bring away their effects as well as their persons,
without being restrained in their emigration, under any pretence whatsoever, except
that of debts or of criminal prosecutions : The term limited for this emigration shall be
fixed to the space of eighteen months, to be computed from the day of the exchange of
the ratification of the present treaty.
V. The subjects of France shall have the liberty of fishing and drying on a part of
the coasts of the island of Newfoundland, such as it is srecified in the X l l l t h article
of the treaty of Utrecht; which article is renewed and confirmed by the present treaty,
(except what relates to the island of Cape Breton, as well as to the” other islands and
coasts in the mouth and in the gulph of St. Lawrence 🙂 And his Britannick Majesty
consents to leave to the subjects of the Most Christian King the liberty of fishing in
the gulph of St. Lawrence, on condition that the subjects of France do not exercise the
said fishery but at the distance of three leagues from all the coasts belonging to Great
Britain, as well those of the continent as those of the islands situated in the said gulph
of St. Lawrence. And as to what relates to the fishery on the coasts of the island of
Cape Breton, out of the said gulph, the subjects of the Most Christian King shall not
be permitted to exercise the said fishery but at the distance of fifteen leagues from the
coasts of the island of Cape Breton ; and the fishery on the coasts of Nova Scotia or
Acadia, and every where else out of the said gulph, shall remain on the foot of former
treaties.
VI. The King of Great Britain cedes the islands of St. Pierre and Macquelon, in
full right, to his Most Christian Majesty, to serve as a shelter to the French fishermen ;
and his said Most Christian Majesty engages not to fortify the said islands ; to erect
no buildings upon them but merely for the conveniency of the fishery ; and to keep
upon them a guard of fifty men only for the poîice.
V I L In order to re-establish peace on solid and durable foundations, and to remove
for ever all subject of dispute with regard to the limits of the British and French territories on the continent of America ; it is agreed, that, for the future, the confines be
tween the dominions of his Britannick Majesty and those of his M ost Christian Majesty,
in that part of the world, shall be fixed irrevocably by a line drawn along the middle
of the River Mississippi, from its source to the river Iberville, ‘and from thence, by a
line drawn along the middle of this river, and the lakes Maurepas and Potchartrain to
the sea ; and for this purpose, the Most Christian King cedes in full right, and guaranties to his Britannick Majesty the river and port of the Mobile, and every thing which
he possesses, or ought to possess, on the left side of the river Mississippi, except the
town of New Orleans and the island in which it is situated, which shall remain to
France, provided that -the navigation of the river Mississippi shall be equally free, as
well to the subjects of Great Britain as to those of France, in its whole breadth and
length, from its source to the sea, and expressly that part which is between the said
island of New Orleans and the right bank of that river, as well as the passage both in
and out of its mouth : It is farther stipulated, that the vessels belonging to the subjects
of either nation shall not be stopped, visited, or subjected to the payment of any duty
whatsoever. The stipulations inserted in the IVth artiaje, in favour of the inhabitants
of Canada shall also take place with regard to the inhabitants of the countries ceded by
this article.
V I I I . The King of Great Britain shall restore to France the islands of Guadaloupe, of Mariegalante, of Desirade, of Martinico, and of Belleisle ; and the fortresses
of these slands shall be restored in the same condition they were in when they were
CONSTITUTIONAL D00ÜMB.NT8 87
SESSIONAL PAPER No. 18
conquered by the British arms, provided that his Britannick Majesty’s subjects, who
shall have settled in the said islands, or those who shall have any commercial affairs to
settle there or in other places restored to Prance by the present treaty, shall have
liberty to sell their lands and their estates, to settle their affairs, to recover their debts,
and to bring away their effects as well as their persons, on board vessels, which they •
shall be permitted to send to the said islands and other places restored as above, and
which shall serve for this use only, without being restrained on account of their religion,
or under any other pretence whatsoever, except that of debts or of criminal prosecutions : and for this purpose, the term of eighteen months is allowed to his Britannick
Majesty’s subjects, to be computed from the day of the exchange of the ratifications of
the present treaty ; but, as the liberty granted to his Britannick Majesty’s subjects, to
bring away their persons and their effects, in vessels of their nation, may be liable to
abuses if precautions were not taken to prevent them ; it has been expressly agreed
between his Britannick Majesty and his Most Christian Majesty, that the number of
English vessels which have leave to go to the said islands and places restored to France,
shall be limited, as well as the number of tons of each one ; that they shall go in ballast ;
shall set sail at a fixed time ; and shall make one voyage only ; all the effects belonging
to the English being to be embarked at the same time. I t has been farther agreed,
that his Most Christian Majesty shall cause the necessary passports to be given to the
said vessels ; that, for the greater security, it shall be allowed to place two French
clerks or guards in each of the said vessels, whieh shall be visited in the linding places
and ports of the said islands and places restored to France, and that the merchandize
which shall be found therein shall be confiscated.
IX. The Most Christian King cedes and guaranties to his Britannick Majesty, in
full right, the islands of Grenada, and the Grenadines, with the same stipulations in
favour of the inhabitants of this colony, inserted in the IYth article for those of Canada : And the partition of the islands called neutral, is agreed and fixed, so that those
of St. Vincent, Dominico, and Tobago, shall remain in full right to Great Britain, and
that of St. Lucia shall be delivered to France, to enjoy the same likewise in full right,
and the high contracting parties guaranty the partition so stipulated.
X. His Britannick Majesty shall restore to France the island of Goree in the condition it was in when conquered : and his Most Christian Maiesty cedes, in full right,
and guaranties to the King of Great Britain the river Senegal, with the forts and factories of St. Lewis, Podor, and Galam, and with all the rights and dependencies of the
said river Senegal.
XI. In the East Indies Great Britain shall restore to France, in the condition they
are now in, the different factories which that Crown possessed, as well as on the coast
of Coromandel and Orixa as on that of Malabar, as also in Bengal, at the beginning
°f the year 1749. And his Most Christian Majesty renounces all pretension to the
acquisitions which he has made on the coast of Coromandel and Orixa since the said
‘ beginning of the year 1749. His Most Christian Majesty shall restore, on his side, all
that he may have conquered from Great Britain in the East Indies during the present
•*« ; and will expressly cause Nattai and Tapanoully, in the island of Sumatra, to be
restored ; he engages farther, not to erect fortifications, or to keep troops in any part of
the dominions of the Subah of Bengal. And in order to preserve future peace on the
Tn8
* °f (-‘ o r o m a l l (iel v and Orixa, the English and French shall acknowledge Mahomet
Ally Khan for lawful Nabob of the Carnatick, and Salabat Jing for lawful Subah of
the Decan ; and both parties shall renounce all demands and pretensions of satisfaction
with which they might charge each other, or their Indian allies, for the depredations or
pillage committed on the one side or on the other during the war.
XII. The island of Minorca shall be restored to his Britannick Majesty, as well as
ort St. Philip, in the same condition they were in when conquered by the arms of the
«Lost Christian King ; and with the artillery which was there when the said island and
wie said fort were taken. , ‘
XIII. The town and port of Dunkirk shall be put into the state fixed by the last
featy of Aix la Chapelle, and by former treaties. The Cunette shall be destroyed
immediately after the exchange of the ratifications of the present treaty, as well as the
88 045VADÍAN ARCEIVES
6-7 EDWARD VII., A. 1907
forts and batteries which defend the entrance on the side of the sea ; and provision
shall be made at the same time for the wholesomeness of the air, and for the health of
the inhabitants, by some other means, to the satisfaction of the King of Great Britain.
XIV. Prance shall restore all the countries belonging to the Electorate of Hanover,
to the Landgrave of Hesse, to the Duke of Brunswick, and to the Count of La Lippe
Buckebourg, which are or shall be occupied by his Most Christian Majesty’s arms : the
fortresses of these different countries shall be restored in the same condition they were
in when conquered by the French arms ; and the pieces of artillery, which shall have
been carried elsewhere, shall be replaced by the same number, of the same bore, weight
and metal.
XV. In case the stipulations contained in the X l l l t h article of, the preliminaries
should not be compleated at the time of the signature of the present treaty, as well with
regard to the evacuations to be made by the armies of France of the fortresses of Cleves,
Wezel, Guelders, and of all the countries belonging to the King of Prussia, as with
regard to the evacuations to be made by the British and French armies of the countries
which they occupy in Westphalia, Lower Saxony, on the Lower Rhine, the Upper
Rhine, and in all the empire ; and to the retreat of the troops into the dominions” of
their respective Sovereigns : their Britannick and Most Christian Majesties promise to
proceed, bona fide, with all the dispatch the case will permit of to the said evacuations,
the entire completion whereof they stipulate before the 15th of March next, or sooner
if it can be done ; and their Britannick and Most Christian Majesties farther engage
and promise to each other, not to furnish any succours of any kind to their respective
allies who shall continue engaged in the war in Germany.
X V I . The decision of the prizes made in time of peace by the subjects of Great
Britain, on the Spaniards, shall be referred to the Courts of Justice of the Admiralty
of Great Britain, conformably to the rules established among all nations, so that the
validity of the said prizes, between the British and Spanish nations, shall be decided
and judged, according to the law of nations, and according to treaties, in the Courts of
Justice of the nation who shall have made the capture.
X V I I . His Britannick Majesty shall cause to be demolished all the fortifications
which his subjects shall have erected in the bay of Honduras, and other places of the
territory of Spain in that part of the world, four months after the ratification of the
present treaty: and his Catholick Majesty shall not permit his Britannick Majesty’s
subjects, or their workmen, to be disturbed or molested under any pretence whatsoever
in the said places, in their occupation of cutting, loading, and carrying away log-wood ;
and “for this purpose, they may build, without hindrance, and occupy, without interruption, the houses and magazines necessary for them, for their families, and for their
effects: and his Catholick Majesty assures to them, by this article, the full enjoyment of
those advantages and powers on the Spanish coasts and territories, as above stipulated,
immediately after the ratification of the present treaty.
X V I I I . His Catholick Majesty desists, as well for himself as for his successors, •
from all pretension which he may have formed in favour of the Guipuscoans, and other
his subjects, to the right of fishing in the neighbourhood of the island of Newfoundland.
X I X . The King o£ Great Britain shall restore to Spain all the territory which he
has conquered in the island of Cuba, with the fortress of the Havannah ; and this for-.
tress, as well as all the other fortresses of the said island, shall be restored in the same
condition they were in when conquered by his Britannick Majesty’s arms, provided that
his Britannick Majesty’s subjects who shall have settled in the said island, restored to
Spian by the present treaty, or those who shall have any commercial affairs to settle
there, shall have liberty to sell their lands and’ their estates, to settle their affairs, recover their debts, and to bring away their effects, as well as their persons, on board vessels which they shall be permitted to send to the said island restored as above, and
which shall serve for that use only, without being restrained on account of their religion,
or under any other pretence whatsoever, except that of debts or of criminal prosecutions: And for this purpose, the term of eighteen months is allowed to his Britannick
Majesty’s subjects, to be computed from the day of the exchange of the ratifications of
the present treaty: but as the liberty granted to his Britannick Majesty’s subjects, to
CONSTITUTIONAL DOCUMENTS 89
SESSIONAL PAPER No. 18
bring away their persons and their effects, in vessels of their nation, may be liable to
abuses if precautions were not taken to prevent them ; it has been expressly agreed between his Britannick Majesty and his Catholick Majesty, that the number of English
vessels which shall have leave to go to the said island restored to Spain shall be limited,
as well as the number of tons of each one ; that they shall go in ballast ; shall set sail
at a fixed time; and shall make one voyage only ; all the effects belonging to the English being to be embarked at the same time : it has been farther agreed, that his Catholick Majesty shall cause the necessary passports to be given to the said vessels ; that
for the greater security, it shall be allowed to place two Spanish clerks or guards in
each of the said vessels, which shall be visited in the landing places and ports of the
said island restored to Spain, and that the merchandize which shall be found therein
shall be confiscated.
XX. In consequence of the restitution stipulated in the preceding article, his
Catholick Majesty cedes and- guaranties, in full right, to his Britannick Majesty,
Florida, with Fort St. Augustin, and the Bay of Pensacola, as well as all that Spain
possesses on the continent of North America, to the East or to the South East of the
river Mississippi. And, in general, every thing that depends on the said countries and
lands, with the sovereignty, property, possession, and all rights, acquired by treaties or
otherwise, which the Catholick King and the Crown of Spain have had till now over the
said countries, lands, places, and their inhabitants ; so that the Catholick King cedes
and makes over the whole to the said King and to the Crown of Great Britain, and
that in the most ample manner and form. His Britannick Majesty agrees, on his side,
to grant to the inhabitants of the countries above ceded, the liberty of the Catholick
religion : he will, consequently, give the most express and the most effectual orders that
his new Roman Catholic subjects may profess the worship of*their religion according to
the rites of the Romish church, as far as the laws of Great Britain permit. His Britannick Majesty farther agrees, that the Spanish inhabitants, or others who had been subjects of the Catholick King in the said countries, may retire, with all safety and freedom,
wherever they think proper ; and may sell their estates, provided it be to his Britannick Majesty’s subjects, and bring away their effects, as well as their persons, without
being restrained in their emigration, under any pretence whatsoever, except that of
debts, or of criminal prosecutions : the term limited for this emigration being fixed to
the space of eighteen months, to be computed from the day of the exchange of the
ratifications of the present treaty. I t is moreover stipulated, that his Catholick Majesty
shall have power to cause all the effects that may belong to him, to be brought away,
whether it be artillery or other things.
XXI. The French and Spanish troops shall evacuate all the territories, lands,
towns, places, and castles, of his Most faithful Majesty,in Europe, without any reserve,
which shall have been conquered by the armies of France and Spain, and shall restore
tnem m the same condition they were in when conquered, with the same artillery and
ammunition which were found there : And with regard to the Portuguese Colonies in
America, Africa, or in the East Indies, if any change shall .have happened there, all
lungs shall be restored on the same^ footing they were in, and conformably to the preceding treaties which subsisted between the Courts of France, Spain, and Portugal,
before the present war.
XXII. All the papers, letters, documents, and archives, which were found in the
countries, territories, towns and places that are restored, and those belonging to the
countries ceded, shall be, respectively and bond fide, delivered, or furnished at the same
ofTi ^ P°.SSÍDle, that possession is taken, or, at latest, four months after the exchange
the ratifications of the present treaty, in whatever places the said papers or documente may be found.
, XXIII, All the countries and territories, which may have been conquered, in
fùatsoever part of the world, by the arms of their Britannick and Most Faithful
^ajesties, as well as by those of their Most Christian and Catholick Majesties, which
tití n
°f i n c l u <* e d i n t n e present treaty, either under the title of cessions, or under the e ot restitutions, shall be restored without difficulty, and without requiring any compensations. 90 CANADIAN ARCHIVES 6-7 EDWARD VII., A. 1907 X X I V . As it is necessary to assign a fixed epoch for the restitutions and the «vacuations, to be made by each of the high contracting parties, it is agreed, that the British and French troops shall compleat, before the 15th of March next, all that shall remain to be executed of the X l l t h and X l l l t h articles of the preliminaries, signed the 3d day of November last, with regard to the evacuation to be made in the Empire, or elsewhere. The island of Belleisle shall be evacuated six weeks after the exchange of the ratifications of the present treaty, or sooner if it can be done. Guadaloupe, Desirade, Mariegalante Martinico, and Sb. Lucia, three months after the exchange of the ratifications of the present treaty, or sooner if it can be done. Great Britain shall likewise, at the end of three months after the exchange of the ratifications of the present treaty, or sooner if it can be done, enter into possession of the river and port of the Mobile, and of all that is to form the limits of the territory of Great Britain, on the side of the river Mississippi, as they are specified in the V l l t h article. The island of -Goree shall be evacuated by Great Britain, three months after the exchange of the ratifications of the present treaty ; and the island of Minorca by Prance, at the same epoch, or sooner if it can be done : And according to the conditions of the VTth article, France shall likewise enter into possession of the islands of St. Peter, and of Miquelon, at the end of three months after the exchange of the ratifications of the present treaty. The Factories in the East Indies shall t e restored six months after the exchange of the ratifications of the present treaty, or sooner if it can be done. The fortress of the Havannah, with all that has been conquered in the island of Cuba, shall be restored three months after the exchange of the ratifications of the present treaty, or sooner if it can be done : And, at the same time, Gre^t Britain shall enter into possession of the country ceded by Spain according to the X X t h article. All the places and countries of his most Faithful Majesty, in Europe, shall be restored immediately after the exchange of the ratification of the present treaty : And the Portuguese colonies, which may have been conquered, shall be restored in the space of three months in the West Indies, and of six months in the East Indies, after the exchange of the ratifications of the present treaty, or sooner if it can be done. All the fortresses, the restitution whereof is stipulated above, shall be restored with the artillery and ammunition, which were found there at the time of the conquest. In consequence whereof, the necessary orders shall be sent by each of the high contracting parties with reciprocal passports for the ships that shall carry them, immediately after the exchange of the ratifications of the present treaty. XXV. His Britannick Majesty, as Elector of Brunswick Lunenbourg, as well for himself as for his heirs and successors, and all the dominions and possessions of his said Majesty in Germany, are included and guarantied by the present treaty of peace. - X X V I . Their sacred Britannick, Most Christian, Catholick, and Most Faithful Majesties, promise to observe sincerely and oovd fide, all the articles contained and settled in the present treaty ; and they will not suffer the same to be infringed, directly or indirectly, by their respective subjects ; and the said high contracting parties, generally and reciprocally, guaranty to each other all the stipulations of the present treatyX X V I I . The solemn ratifications of the present treaty, expedited in good and due form, shall be exchanged in this city of Paris, between the high contracting parties, in the space of a month, or sooner if possible, to be computed from the day of the signature of the present treaty. In witness whereof, we the underwritten their Ambassadors Extraordinary, and Ministers Plenipotentiary, have signed with our hand, in their name, and in virtue of our full powers, have signed the present definitive treaty, and have caused the seal of our arms to be put thereto. Done at Paris the tenth day of February, 1763. Bedford, C.P.S. Choiseul, Duc de Praslin. El Marq. de Orirnaldi. (L.S.) (L.S.) (L.S.) SEPARATE ARTICLES. I. Some of the titles made use of by the contracting powers, either in the full powers, and other acts, during the course of the négociation, or in the preamble of the present treaty, not being generally acknowledged ; it has been agreed, that no prejudice shall ever re- CONSTITUTIONAL 'DOCUMENTS 91 SESSIONAL PAPER Mo. 18 suit therefrom to any of the said contracting parties, and that the titles, taken or omitted on either side, on occasion of the said négociation, and of the present treaty, •shall not be cited or quoted as a precedent. II. I t has been agreed and determined, that the French language made use of in all the copies, of the present treaty, shall not become an example which may be alledged, or made a precedent of, or prejudice, in any manner, any of the contracting powers ; and that they shall conform themselves, for the future, to what has been observed, and ought to be observed, with regard to, and on the part of powers, who are used, and have a right, to give and to receive copies of like treaties in another language than French; the present treaty having still the same force and effect, as if the aforesaid custom had been therein observed. III. Though the King of Portugal has not signed the present definitive treaty, their Britannick, Most Christian, and Catholick Majesties, acknowledge, nevertheless, that his Most Faithful Majesty is formally included therein as a contracting party, and as if he had expressly signed the said treaty : Consequently, their Britannick, Most Christian, and Catholick Majesties, respectively and conjointly, promise to his Most Faithful Majesty, in the most express and most binding manner, the execution of all and every the clauses, contained in the said treaty, on his act of accession. The present Separate Articles shall have the same force as if they were inserted in the treaty. In witness whereof, We the under-written Ambassadors Extraordinary, andMinisters Plenipotentiary of their Britannick, Most Christian and Catholick Majesties, have signed the present separate Articles, and have caused the seal of our arms to be put thereto. Done at Paris, the 10th of February, 1763. Bedford, C.P.S. Choiseul, Duo El Marq. de (L.S.) de Praslin. Grimaldi, (L.S.) (L.S.) His Britannick Majesty's full Power. GEORGE R. GEOHGE the Third, by the grace of God, King of Great Britain, France and Ireland, Defender of the Faith, Duke of Brunswick and Lunenbonrg, Arch-Treasurer, and Prince Elector of the Holy Roman Empire, &c. To all and singular to whom these presents shall come, greeting. Whereas, in order to perfect the peace between Us and our good Brother the Most Faithful King, on the one part, and our good Brothers the •Most Christian and Catholick Kings, on the other, which has been happily begun by the preliminary Articles already signed at Fontainebleau the third of this month ; and to bring the same to the desired end, We have thought proper to invest some fit person with full authority, on our part ; Know ye, that We, having most entire confidence in the fidelity, judgment, skill, and ability in managing affairs of the greatest consequence, of our right trusty, and right entirely beloved Cousin and Counsellor, John Duke and Jiarl of Bedford, Marquis of Tavistock, Baron Russel of Cheneys, Baron Russel of Thornnaugh,^ and Baron Howland of Streatham, Lieutenant-general of our forces, Keeper of our Privy Seal, Lieutenant and Custos Rotulorum of the counties of Bedford and Devon, r-mght of our most noble order of the Garter, and our Ambassador Extraordinary and Plenipotentiary to our good Brother the Most Christian King, have nominated, made, •constituted and appointed, as by these presents, we do nominate, make, constitute, and appoint him, our true, certain, and undoubted Minister, Commissary, Deputy, Procuraor and Plenipotentiary, giving to him all and all manner of power, faculty and authory> as well as our general and special command (yet so as that the general do not derogate from the special, or on the contrary) for Us and in our name, to meet and confer, as
ell singly and separately, as jointly, and in a body, with the Ambassadors, CommisJf^’ £*e
puties, and Plenipotentiaries of the Princes, whom it may concern, vested with
• tneient power aud authority for that purpose, and with them to* agree upon, treat,
nsult and conclude, concerning the re-establishing, as soon as may be, a firm and lasting
92 CANADIAN ARCHIVES
6-7 EDWARD VII., A. 1907
pea e, and sincere friendship and concord ; and whatever shall be so agreed and concluded, for Us and in our name, to sign, and to.make a treaty or treaties, on what shall
have been so agreed and concluded, and to transact every thing else that may belong to
the happy completion of the aforesaid work, in as ample a manner and form, and with
the same force and effect, as We ourselves, if ,we were present, could do and perform ;
engaging and promising, on our royal word, that We will approve, ratify and accept,
in the best manner, whatever shall happen to be transacted and concluded by our said
Plenipotentiary, and that We will never suffer any person to infringe or act contrary to
the same, either in the whole or in part. In witness and confirmation whereof We
have caused our great Seal of Great Britain to be affixed to these presents, signed with
our royal hand. Given at our Palace at St. James’s, the 12th day of November, 1762,
in the third year of our reign.
His Most Christian Majesty’s Full Power.
LEWIS, by the grace of God, King of France and Navarre, To all who shall see these
presents, Greeting. Whereas the Preliminaries, signed at Fontainbleau the third of
November of the last year;
laid the foundation of the peace re-established between us
and our most dear and most beloved good Brother and Cousin the King of Spain, on
the one part, and our most dew and most beloved good Brother the King of Great
Britain, and our most dear and most beloved ood Bro.her and Cousin the King of
Portugal on the other, We have had nothing more at heart since that happy epoch,
than to consolidate and strengthen in the most lasting manner, so salutary and so
important a work, by a solemn and definitive treaty between Us and the said powers.
For these causes, and other good considerations, Us thereunto moving, We, trusting
entirely in the capacity and experience, zeal and fidelity for our service, of our most
dear and well-beloved Cousin, Csesar Gabriel de Choiseul, Duke of Praslin, Peer of
France, Knight of our Orders, Lieutenant General of our Forces and of the province of
Britany, Counsellor in all our Couneils, Minister and Secretary of State, and of our
Commands and Finances, We have named, appointed, and deputed him, and by these
presents, signed with our hand, do name, appoint, and depute him our Minister Plenipotentiary, giving him full and absolute power to act in that quality, and to confer,
negociate, treat and agree jointly with the Minister Plenipotentiary of our most dear
and most beloved good Brother the King of Great Britain, the Minister Plenipotentiary
of our most dear and most beloved good Brother and Cousin the King of Spain and the
Minister Plenipotentiary of our most dear and most beloved good Brother and Cousin
the King of Portugal, vested with full powers, in good form, to agree, conclude and sign
such articles, conditions, conventions, declarations, definitive treaty, accessions, and
other acts whatsoever, that he shall judge proper for securing and strengthening the
great work of peace, the whole with the same latitude and authority that We ourselves
might do, if We were there in person, even though there should be something which
might require a more special order than what is contained in these presents, promising
on the faith and word of a King, to approve, keep firm and stable for ever, to fulfil
and execute punctually, all that our said Cousin, the Duke of Praslin, shall have
stipulated, promised and signed, in virtue of the present full power, without ever”acting
contrary thereto, or permitting any thing contrary thereto, for any cause, or under any
pretence whatsoever, as also to cause our letters of ratification to be expedited in good
form, and to cause them to be delivered, in order to be exchanged within the time that
shall be agreed upon. For such is our pleasure. In witness whereof, we have caused
our Seal to be put to these presents. Given at Versailles the 7th day of the month of
February, in the year of Grace 1763, and of our reign the forty-eighth. Signed Lewis,
and on the” fold, by the King, the Duke of Choiseul. Sealed with the great Seal of yellow Wax.
His Catholick Majesty’s full Power.
DON CÁELOS, by the grace of God, King of Castille, of Leon, of Arragon, of the two
Sicilies, of Jerusalem, of Navarre, of Granada, of Toledo,- of Valencia, of Galicia, of
t
CONSTITUTIONAL DOCUMENTS 93
SESSIONAL PAPER No. 18
Majorca, of Seville, of Sardinia, of Cordova, of Corsica, of Murcia, of Jaen, of the Algarves, of Algecira, of Gibraltar, of the Canary Islands, of the East and West Indies,
Islands and Continent, of the Ocean, Arch Duke of Austria, Duke of Burgundy, of
Brabant and Milan, Count of Hapsburg, of Flanders, of Tirol and Barcelona, Lord of
Biscay and of Molino, &c. Whereas preliminaries of a solid and lasting peace between
this Crown, and that of France on the one part, and that of England and Portugal on
the other, were concluded and signed in the Royal Residence of Fontainbleau, the 3d of
November of the present year, and the respective ratifications thereof exchanged on the
2’2d of the same month, by Ministers authorised for that purpose, wherein it is promised,
that a definitive treaty should be forthwith entered upon, having established and regulated the chief points upon which it is to turn : and whereas in the same manner as I
granted to you, Don Jerome Grimaldi, Marquis de Grimaldi, Knight of the Order of the
Holy Ghost, Gentleman of my Bed-chamber with employment, and my Ambassador
Extraordinary to the Most Christian King, my full power to treat, adjust, and sign the
before-mentioned preliminaries, it is necessary to grant the same to you, or to-some
other, to treat, adjust, and sign the promised definitive treaty of peace as aforesaid :
therefore, as you the said Don Jerome Grimaldi, Marquis de Grimaldi, are at the convenient place, and as I have every day fresh motives, from your approved fidelity and
zeal, capacity and prudence, to entrust to you this, and other-like concerns of my Crown,
I have appointed you my Minister Plenipotentiary, and granted to you my full power,
to the end, that, in my name, and representing my person, you may treat, regulate,
settle, and sign the said definitive treaty of peace between my Crown and that of France
on the one part, that of England and that of Portugal on the other, with the Ministers
who shall be equally and specially authorised by their respective Sovereigns for the
same purpose ; “acknowledging, as I do from this time acknowledge, as accepted and
ratified, whatever you shall so treat, conclude, and sign ; promising, on my Royal Word,
that I will observe and fulfil the same, will cause it to be observed and fulfilled, as if it
had been treated, concluded, and signed by myself. In witness whereof, I have caused
these presents to be dispatched, signed “by my hand, sealed with my privy seal, and
countersigned by my under-written Counsellor of State, and first Secretary for the
department of State and of War. Buen Retiro, the 10th of December, 1762.
(Signed) I T H E KING.
(And lower) Richard Wall.
PAPERS RELATING TO T H E ESTABLISHMENT OF CIVIL GOVERNMENT IN T H E TERRITORIES CEDED TO B R I T A I N BY T H E TREATY
OF 1763.1
(Egremont to Lords of Trade.)
WHITEHALL May 5″1
1763.
Lords of Trade
M Y LOEDS • ,.
His Majesty having brought the Negotiation with France & Spain to a
happy Conclusion, and having given the necessary Orders for carrying
into Execution the several Stipulations of the late Treaty, is now pleased
to fix His Royal Attention’upon the next important Object of securing
to His Subjects, and extending the Enjoyment of the Advantages, which
Peace has procured.
proviH ^U
^ ‘ ^ e
following papers contain an account of the steps taken by the British Government to
terrSn . a s?
l t a 1 : ,le constitution and policy of administration for Canada and the other recently acquired
the PnSf8
–
ln
–
N o r t n America. They furnish the basis for the Proclamation of Oct. 7th, 1763, as also for
Provín ™ iS1?? a u < i the Instructions of the same date, given to GeneralJames Murray as Governor of the exempt i. < i u e o e °- The rapers are copied from the originals in the Public Record Office, and are, p t wnere noted, from the series " America and the West Indies." -The first is from vol. 268, p. 93. 94 CANADIAN ARCHIVES 6-7 EDWARD VII., A. 1907 His Majesty therefore, upon the same Principle of Sollicitude for the Interests of His Colonies, which engaged him in a just & necessary War, in support of their Rights, and obliged him to insist on such Terras of Peace as he thought peculiarly calculated for the future S euiity of that important Object, directs me to transmit to Your Lordships herewith the Definitive Treaty of Peace ; and I am commanded to signify to Your Lordships His Majesty's Pleasure, that You do, without Loss of Time, take into Your most serious Consideration, those Articles which relate to the Cessions made by their Most Christian ifc? of the cwhole
Southern Coast of the Gulphc«qf -S’ Laurence, from the Streights, of
Canceau to Cape Roziere, at the,,Mouth of the River, appears tc p s ^ o
have been the cheif Encroachment made by the French in Violation of> the
Stipulations in the Treaty of Utrecht ;» Bí¿fcs
tlie MoijapQly.oithe, Fighery
which they endeavoured to establish upon. *hts E^crpacjhasenif^^s greatly
strengthned by other Circumstances. By suffering the whole of Nova
Scotia (the Fort of Annapolis excepted) to remain entirely in the 1 ossession
of French Inhabitants from the Treaty of Utrecht to the Year 1749, ‘Your
Majesty’s Subjects were discouraged and prevented from availing themselves of the advantageous and abundant Fishery which might have been
carried on upon that part of the Coast of Nova Scotia expressly and
exclusively reserved to them in the Treaty of Utrecht, for the french
constantly excited the Indians to disturb the Fishermen that resorted
thither ; And by their Possession of the whole Coast of Labrador, they not
only carried on an extensive Trade with the Esquimeaux Indians in Oyl,
Furs &ca (in which they allowed Your Majesty’s Subjects no Share) but
by the Vicinity of- the Eastern Part of that Coast, to that part of Newfoundland, (where a permissive Right of drying their Fish, only during the
Fishery Season was granted by the Treaty of Utrecht) They assumed in
some Measure an Exclusive Right to the Navigation in the Streights of
Bellisle.
These several Encroachments, will, We apprehend, entirely cease, on the
one Hand, by the compleat Settlement of Your Majesty’s Colony of Nova
Scotia, according to it’s true and ancient Boundaries, and on the other by
the Annexation of the Labrador Coast to the Government of Newfoundland,
and by the faithfull Execution of those Instructions, which Your Majesty has
been pleased to give to Your Governor of that Island. With respect to the
Islands of S* Pierre and Miquelon, We do not «apprehend that any great
Advantages can result to the French Fishery, or great Inconvenience to that
of Your Majesty’s Subjects by the Possession of them according to the Terms
of the Treaty ; We do not imagine they are fitted to restore or revive that
Branch which the French call La Peche Sédentaire, and of •« hich they have
been deprived by the Cessions, not only as these Islands are without Wood,
either for Firing or for any sort of Naval Construction, but as they are utterly
incapable of producing Provision sufficient for the Consumption of any considerable Number of Inhabitants. And as to any Conveniences of Drying
and Curing such Fish upon those Islands, as may be caught, upon the Banks
of Newfoundland during the Banking Season, It appears, by what Information We have had, that the best Fish so caught may be earlier and more
conveniently dryed upon that part of Newfoundland, where a permissive
Right for so doing during the Season was granted as well by the Treaty of
Utrecht, as by the late Treaty. It seems, therefore, only to remain, that
proper Precautions be taken against any Contraband Trade, which may be
carried on from those Islands by any of the Ships of Your Majesty’s Subjects trading thither or otherwise. To prevent which Your Majesty’s Governor of Newfoundland should be instructed to employ the utmost Vigilance
with regard to all such Trade during his Continuance upon the Station, and
to give express Directions to the Officers of the Garrisons and the Magistrates in their several Departments that in his Absence they should have
the utmost Attention to this Object, and to put the Laws against contraband Trade into strict Execution, for which purpose it will be necessary to
establish in that Government a Court of Vice Admiralty or some other
Jurisdiction competent to the Cognizance and Punishment of Breaches of
the Acts of Trade.
The next obvious Benefit acquired by the Cessions made to your Majesty
is the Fur & Skin Trade of all the Indians in North America. The first
Ï 8 – 3 – 7 J
CANADIAN ARCHIVES
6-7 EDWARD VII., A. 1907
“t>f ‘these Articles* «before the present Cession, was enjoyed by the French
* almost entirely ; Thé only part left in the Hands of Your Majesty’s Subjects, being that carried on by the Exclusive Company of Hudson’s Bay,
and a very inconsiderable Quantity through the Provint e of New York.
•This Trade.was aeqfuited in virtue of the Possession which they had taken
AeeÁijrwrj^W» thfe Stipulations of the Treaty of Utrecht) of all the Lakes in
North America, communicating with the River S’ Laurence, tho’ the circumjacent Territory avowedly belonged to the six Nations of Indians,
Acknowledged by the French to be Your Majesty’s Subjects in that Treaty,
and by virtue of the Claim which they afterwards set up and were suffered
to maintain for a long time of forcibly excluding Your-Majesty’s Subjects
from any Navigation in those Lakes. But this Trade which the French
with the utmost Industry had carried to the greatest Extent, by means of
numerous well chosen Posts and Forts sufficient, as well to overawe as to
supply all the Indians upon that immense Continent, is now fallen intirely
and exclusively into the Hands of Your Majesty’s Subjects and may be
secured and communicated to all Your Majestys Colonies according to the
Industry of each, by means of those Posts and Forts with proper Regulations for the Trade with the Indians, under the Protection of such a Military Force as may preserve their Tranquility, not only against Indian Incursions but be ready for their Defence against any European Attack.—The
Skin Trade was Chiefly in the Hands of Your Majesty’s Subjects in the
Southern Colonies even previous to the Cessions, but was often disturbed
and interrupted by the frequent Incursions of Indians incited by the
French—As these Circumstances no longer exist, a great Extension and
Improvement of that Article may likewise be expected.
Another obvious Advantage of the Cession, will be the supplying of all
the Indian Tribes upon the Continent of North America with European
Commodities immediately through the Hands of English Traders.—This
Article, if not wholly engrossed by the French, was possessed by them in
the greatest Degree, and was of so much Importance that the Traders of
New York chose rather to supply the Inhabitants of Canada with English
Goods and Manufactures fit for the Indian Trade, than to risque the Loss of
what they esteemed so valuable a Branch, by attempting a direct Trade
with the Indians themselves. And this strange Principle was adopted by
many of the Merchants of London, as appeared upon a Hearing on that
Subject before Your Majesty’s Board of Trade in 1721.
Another Advantage attending the late Treaty is the secure settling of
the whole Coast of North America, as it’s produce may invite, or Convenience for Settlement may offer, from the Mouth of the Missisippi to the
Boundaries of the Hudson’s Bay Settlements, with the whole Variety of
Produce which is capable of being raised in that immense Tract of Sea
Coast, either by the Industry of Emigrants from Europe, or from the Overflowing of Your Majesty’s ancient Colonies—previous to the làte War?
Nothing is more certain than that many of Your Majesty’s ancient Colonies
appeared to be overstock’d with Inhabitants, occasioned partly from an
extremely increasing Population in some of those Colonies, whose Boundaries had become too narrow for their Numbers, but chiefly by the Monopoly of Lands in the Hands of Land Jobbers from the extravagant and
injudicious Grants made by some of Your Majesty’s Governors, whereby a
great many of Your Majesty’s industrious Subjects were either forced into
Manufactures, being excluded from planting by the high Price of Land (A
Situation which they otherwise would have preferr’d) or forced to emigrate
to the other Side of the Mountains, where they were exposed to the Irruptions of the Indians as well as the Hostilities of the French. And though,
on the one Hand, Your Majesty’s Province of Nova Scotia according to
it’s true and just Boundaries, and on the other, that of Georgia, would
CONSTITUTIONAL DOCUMENTS 101
SESSIONAL PAPER No. 18
have contained many more of Your Majesty’s Subjects than were in this
disagreable Situation, and more advantageously for the Trade and Interest
of Your Kingdoms, Yet the Hostilities which the French contrived to
excite at first, by the Indians in their Alliance, and at last by regular
Troops in Nova Scotia, and a Dread of the like Calamities on the Side of
Georgia from the Indians and Spaniards, have hitherto prevented the salutary progress of these new Settlements, and the happy Consequences which
otherwise might have been expected from them.
We have already mentioned the great Scope and Boom which there is
for beneficial Settlements in the Article of Fishery in Nova Scotia, another
great Advantage however of the late Treaty, producing Strength to Your
Kingdom and Riches to Your Subjects, is the future Supply which the
new Acquisitions will afíbrd of Naval Stores, more particularly that of
masting for the Royal Navy, and of that Species of Timber and Wood
commonly called Lumber, so essential to the Commerce and Cultivation of
the Sugar Colonies, both which Articles are to be found in great Quantities,
and with peculiar Advantage and Convenience in the Province of Canada,
upon Lake Champlain, and in those Parts of Nova Scotia, the exclusive
Possession of which is now confirmed to Your Majesty, and this Benefit
arising from the Treaty is of the greatest Consideration, as the Supply of
Masting and Stones for the Royal Navy from America had been almost
entirely stop’d by bad Management and Waste committed in Your Majesty’s Woods in New England and New York and the Price of Lumber had
been greatly enhanced from the Necessity of procuring it at a greater Distance from the Ocean, and from convenient Ports of Shipping.
In the Province of Georgia and the Neighbouring Florida Commercial
Advantages of a still more valuable Nature will probably follow the secure
Extension of Settlement, which will be attained by the Cession of Florida,
and the End which will be thereby put to Interruptions from the Indians.
For there can be no Doubt, that Indigo, Silk, Cotton, and many of the
Commodities now found in the West Indies only, may be raised in these
Climates. An Object which will prove a strong Temptation to the Settlement of those Territories.
A capital Advantage highly deserving Your Majesty’s Attention is the
Increase of the Trade of Sugar, Coffee, Cotton and other Indian Products
by the speedy Settlement and Culture of the new acquired Islands.—T+ is a
known Truth, that the Produce of our West India Islands has hitherto
been but barely sufficient to answer our growing Consumption in the first
of these valuable Articles, and that as these Islands were all, excepting
Jamaica, intirely cultivated, additional Territory was therefore become
absolutely necessary to this Branch of Trade, which may be extended to a
very great Degree if those new Islands are speedily settled.
The last advantageous Consequence arising from the Cessions which We
«hall now lay before Your Majesty is that of securing the whole Gum Trade
on the Coast of Africa from a Monopoly in the Hands of the French by
means of the River Senegal as well as the Acquisition of a considerable
Share of the Slave Trade formerly in their hands, with a Variety of other
Articles which there is great reason to believe may be obtained by the
prosecution of further Discoveries on that River.
Having thus stated the most obvious Advantages resulting from the Cession made to Your Majesty by the late definitive Treaty, We submit to
Your Majesty, as Our humble Opinion, that they can only be secured and
improved by an immediate Establishment of regular Governments, in all
such Places, where planting and Settlement, as well as Trade and Commerce are the immediate Objects. For in order to invite new Settlers to
risque their persons and Property in taking up new Lands, as well as to
secure the old Inhabitants in the Enjoyment of those Rights and Priviledges
102 CANADIAN ARCHIVES
6-7 EDWARD VII., A. 1907
reserved to them by the Treaty, such regular Government appears, both
from Reason and Experience, of absolute Necessity. And it. seems likewise
necessary for the same reasons, as well as to secure Your Majesty’s Sovereignty and the Publick Tranquillity, that à large Military force should be
kept up in each Government, ’till by the increase of Inhabitants, each Colony shall be enabled to maintain their own Governments by their own internal Force. But as no such regular civil Government is either necessary or indeed can be established, where no perpetual Residence or planting is intended ; I t will there be sufficient to provide for the free Trade of all Tour Majesty’s Subjects under such Regulations, and such Administration of Justice
as is best suited to that End. Such We apprehend to be the case of Newfoundland, where a temporary Fishery is the only Object, and this We suppose has been the reason, which induced Your Majesty to annex the Coast
of Labrador to that Government : Such is the case of Senegal and the Principle upon which we suppose Your Majesty thought proper to put that River and Country under the Administration of the African Committee. And
such we apprehend will be the Case of that Territory in North ‘ America
which in Your Majesty’s Justice and Humanity as well as sound Policy is
proposed to be left, under Your Majesty’s immediate Protection, to the Indian Tribes for their hunting Grounds ; where no Settlement by planting is
intended, immediately at least, to be attempted»; and consequently where no
particular form of Civil Government can be established. In such Territory
we should propose, that a free Trade with the Indian Tribes should be granted to all Your Majesty’s Colonies and Subjects under such Regulations as
shall be judged most proper for that End, and under the protection of such
Military Force, to be kept up in the different Posts & Forts in the Indian
Country as may be judged necessary, as well for the Protection of Trade
and the good Treatment of the Indians as the Maintenance of Your Majesty’s Sovereignty and the general defence of North America.
We shall defer at present entering into any particulars, as to the number
of Troops which it may be necessary to maintain for this purpose, The
Number and Situation of the Posts and Forts, and the Regulations
proper to be established for a free Trade from all Your Majesty’s Colonies
into the Indian .Country ; ’till by further Information from Your Majesty’s
Commander in Chief of America, and from Your Majesty’s Agents for Indian
Affairs, We shall be enabled to make a more full and particular Report
upon so interesting and important a Subject. And We apprehend that no
such Delay can be attended with very material Inconvenience, since, if Your
Majesty shall be pleased to adopt the general proposition of leaving a large
Tract of Country round the great Lakes as an Indian Country, open to
Trade, but not to Grants and Settlements, the Limits of such Territory will
be sufficiently ascertained by the Bounds to be given to the Governors of
Canada and Florida on the North and South, and the Mississippi on the
West ; and by the strict Directions to be given to Your Majesty’s several
Governors of Your ancient Colonies for preventing their making any new
Grants of Lands beyond certain fixed Limits to be laid down in the Instructions for that purpose. And We apprehend that in the mean time the
Security of this Trade will be sufficiently provided for by the Forts already
erected, and such Garrisons as Your Commander in Chief may, at his
Discretion, think proper to keep in them.
But that no time may be lost in finally settling this important point of
the Indian Country, it will be absolutely necessary that immediate Orders
be sent as well to Your Majesty’s Commander in Chief of America as to
Your Agents for Tndian Affairs, that without delay they furnish every
Information in their power on this Subject, and that they be directed to
correspond directly with Your Majesty’s Board of Trade for this purpose.
CONSTITUTIONAL DOCUMENTS 103
SESSIONAL PAPER No. 18
Ganada, Florida and the new acquired Islands in the West Indies appear
to Us to be the Places where Planting, perpetual Settlement and Cultivation ought to be encouraged and consequently where regular Forms of
Government must immediately be established.
Canada as possessed and claimed by the French consisted of an immense”
Tract of Country including as well the whole Lands to the westward indefinitely which was the Subject of their Indian Trade, as all that Country
from the Southern Bank of the River S’ Lawrence where they carried on
their Encroachments.
I t is needless to state with any degree of precision the Bounds and Limits
of this extensive Country, for We should humbly propose to Your Majesty
that the new Government of Canada should bè restricted, so as to leave on
the one hand, all the Lands lying about the great Lakes and beyond the
Sources of the Rivers which fall into the River S* Lawrence from the
North, to be thrown into the Indian Country, and on the other hand, all
» the Lands from Cape Roziere to Lake Champlain, along the Heights where
the Sources of the Rivers rise, which fall into the Bay of Fundy and Atlantic Ocean, to be annexed to Nova Scotia and New England in such a manner as upon any future directions after particular Surveys have been made
shall appear most proper, If this general Idea shall be approved the future
Bounds of the new Colony of Canada will be as follows,
On the South East it will be bounded by the high Lands which range
across the Continent from Cape Roziere in the Gulph of S’ Laurence to
that point of Lake Champlain above S* Johns which is in Latitude 45
Degrees North ; which high Lands separate the heads of the Rivers which
fall into the great River S* Lawrence from the heads of those which fall
into the Atlantick Ocean or Bay of Fundy. On the North West I t will be
bounded by a Line drawn South from the River S* Johns in Labrador by
the heads of those Rivers which fall into the River S’ Lawrence as far as
the East end of Lake Nipissin upon the Ottowa River, and on the South
West by a Line drawn due West to the River S* Lawrence from that point
on Lake Champlain which is directly ^opposite to where the South Line falls
in and so cross the said River S’ Lawrence and pursuing a North West
Course along the Heights where the Rivers rise, that fall into the Ottowa
River, to be continued to the East end of Nipissin Lake where the North
Line terminates.
In order however that Your Majesty may judge with the greater precision of the Limits of Canada as above described and also of those We shall
propose for Florida, and of the Country/we think right to be left as Indian
Territory,- We humbly beg leave to refer to the annex’d Chart 1
in which
those Limits are particularly delineated, and of which Your Majesty will
have a clearer Conception than can be conveyed by descriptive Words alone.
The Advantage resulting from this restriction of the Colony of Canada
will be that of preventing by proper and natural Boundaries, as well the
Ancient French Inhabitants as others from removing & settling in remote
Places, where they neither could be so conveniently made ameanable to the
Jurisdiction of any Colony nor made subservient to the Interest of the
Trade & Commerce of this Kingdom by an easy Communication with tfc
Vicinity to the great River S* Lawrence. And this Division by the
heights of Land to the South of the River S* Lawrence will on the one
hand leave all Your Majesty’s new French Subjects under such Government, as Your Majesty shall think proper to continue to them in regard to
the Rights & Usages already secured or that may be granted to them. On
the other hand, the reannexing to Nova Scotia all that Tract of Land from
_______^^ Cape Roziere along the Gulph of S* Lawrence with the whole Coast of the
His Mai ? 6 p o r t w&s accompanied by a printed map of North America by Eman. Bowen, G-eographer to
jesty, and engraved by John Gibson, on which the boundaries were marked.
104 CANADIAN ARCHIVES
6-7 EDWARD VII., A. 1907
Bay of Fundy to the River Penobscot, or to the River S1, Croix will be
attended with this peculiar Advantage, of leaving so extensive a Line of
Sea Coast to be settled by British Subjects ; and all the new Settlers upon
this Tract of Land will with greater facility be made amenable to the
Jurisdiction of Nova Scotia than to that of Canada ; and upon the same
Principle, I t will likewise be necessary to reannex the Islands of Cape
Breton and S’ John’s to the Government of Nova Scotia.1
And^here, We cannot help offering it as Our humble Opinion that the
utmost Attention should immediately be given to the Speedy Settlement
of this Tract of Country and that Instructions be prepared for Your Majesty’s Governor for that purpose, with particular regard to such Officers &
Soldiers who have served so faithfully & bravely during the late War and
who may now be willing to undertake such new Settlements under proper
Conditions.
I t is obvious that the new Government of Canada, thus bounded, will,
according to the Reports of Generals Gage, Murray and Burton, contain
within it a very great number of French Inhabitants and Settlements, and
that the Number of such Inhabitants must greatly exceed, for a very long
period of time, that of Your Majesty’s British and other Subjects who may
attempt Settlements, even supposing the utmost Efforts of Industry on
their part either in making new Settlements, by clearing of Lands, or purchasing old ones from the ancient Inhabitants, From which Circumstances,
it appears to Us that the Chief Objects of any new Form of Government
to be erected in that Country ought to be to secure the ancient Inhabitants
in all the Titles, Rights and Privileges granted to them by Treaty, and to
increase as much as possible the Number of British and other new Protestant Settlers, which Objects We apprehend will be best obtain’d by the
Appointment of a Governor and Council under Your Majesty’s immediate
Commission & Instructions. But the particular Regulations and Provisions to be adapted to the different Circumstances and Situation of this as
well as Your Majesty’s other new Acquisitions, will more properly and
distinctly come under Your Majesty’s Consideration in the Draught of the
Commission and Instructions to be prepared for each Governor, than in
this first general Report.
I t will however be necessary that a large military Force be kept up ’till
the number of British Inhabitants and new Settlers be very considerably
increased, as well to secure the Obedience and Fidelity of the ancient
French Inhabitants as to give full Protection & Security to the new British
Settlers.
Canada was, under the French, divided into the three Governments of
Quebec, Montreal and Trois Rivieres, but the Residence of the chief Governor was at Quebec, and the two other Governments had each a Lieutenant Governor only, subordinate to the Governor in Chief, and we should
humbly propose that the same Method be continued under the new Governm* ; not only as by this means the Administration of Justice and of
Commerce will be less embarrass’d, but that a less proportion of military
Force will be requisite to be maintained and be more easily applicable
against all external or internal Disturbances.
Florida and that part of Louisiana to the eastward of the Missisippi,
both which Tracts are ceded to Your Majesty by the late Treaty, may be
compared to Canada, in respect to Extent of Territory, and the number of
Indian Tribes, with which they have immediate Communication, but in
other respects, they seem entirely different. The number of settled
Inhabitants, either French or Spaniards, we apprehend, has never been
1
It will be _ observed that Nova Scotia, or Acadia, still included the territory afterwards erected into
the separate Province of New Brunswick. The island of St. Johns, here mentioned, is now Prince Edwaid
Island.
CONSTITUTIONAL DOCUMENTS 105
SESSIONAL PAPER No. 18
considerable, and there is little probability, from the Facility of their
Removal, that any of them will remain, after the Cessions are compleated,
tho’ we ar.e of Opinion, as well from this Circumstance of their Paucity, as
with a view to the immediate Settlement of the Country, that every
Expedient should be used, to induce as many to remain as can be prevailed
upon.—
The Produce of Canada, with its Trade, the Navigation of the River S*
Lawrence, with its Communication to the great Lakes of North America,
are, from authentick Information, in many particulars tolerably well
understood ; but we are sorry it is not in our power, either from any
materials in our Office, or from any other to be depended upon, to give
Your Majesty that certain Information we could wish either with regard
to the Coast, Harbours and Rivers of Florida, or as to the Variety of
Produce which there is the greatest probability may be raised in that
extended Country. Ws shall therefore content ourselves with suggesting
at present, that whenever a Government is established in this Country,
Instructions should be given for surveying with all possible Accuracy, as
well the Sea Coast and places fit for Harbours as the internal Country and
Rivers, particularly of that part which lies between the great Mountains
and the Missisippi, of which there are not extant any Charts or Accounts
on which we can depend, for which purpose it will be necessary that a
proper number of able and skilfull Surveyors be appointed.
The great Tract of Sea Coast from S* Augustine, round Cape Florida,
along the Gulph of Mexico, to the Mouth of the Missisippi makes it, we
apprehend, indispenseably necessary that this Country should be divided
into two distinct Governments, and, for the present, the Chief Residence of
the Governor of the one should be at S* Augustine, with orders to give
particular Attention to Cape Florida, (as that Cape commands the whole
Navigation from the Bay of Mexico) the Residence of the other at Pensicola, with particular Instructions regarding the Missisippi, the free Navigation of which ought, we apprehend, to be most accurately understood, not
only in respect of that River being the future Boundary betwixt Your
Majesty’s Dominions, and those of the French, but as this River by its
Communication with the Ohio, the Illinoris
And We submit to your Majesty whether any Inconveniencies would arise, from such
Commission, which would not equally arise from a like Commission to a Governor of any
of Your Majesty’s particular Colonies —
But as the Instructions to such Governour, if Your Majesty should approve of this
Proposition, would require a great Yariety of Information, both with respect to the
Management of the Indian Tribes and Trade, which can only be had from Your Majesty’s
Commander in Chief, and Your Agents for Indian Affairs, We would further submit,
whether the issuing such Commission and Instructions, may not be delayed ; ’till by the
receipt of such Information, which Your Majesty has been graciously pleased to direct,
We are enabled to make a full and particular Report on that very important subject.—
And we flatter Ourselves, that no such delay will produce any bad Consequences, either
m Kespect to this Country’s being considered as direlect, while Your Majesty’s Troops
fre in the actual possession of every Post and Fort formerly enjoyed by the French, or
in respect of Criminals and Fugitives, taking refuge in this Country with Impunity, as
this may be easily prevented by an Instruction to the present Commander in Chief, empowering and directing him to send back all such Persons to their respective Colonies—
In the mean time We humbly propose that a Proclamation be immediately issued
D
y Your Majesty as well on Account of the late Complaints of the Indians, and the
actual Disturbances in Consequence, as of Your Majesty’s fixed Determination to permit
no grant of Lands nor any settlements to be made within certain fixed Bounds, under
P
r<^ence of Purchase or any other Pretext whatever, leaving all that Territory within it tree for the hunting Grounds of those Indian Nations Subjects of Your Majesty, and or the free trade of ail your Subjects, to prohibit strictly all Infringements or Settlements «> be made on such Grounds, and at the same time to declare Your Majesty’s Intentions
Y
e n c o u r a g e all such Persons who shall be inclined to commence new Settlements from
x our old Colonies, together with all foreign Protestants, coming by themselves or with
JchUndertakers, in Your new Colonies of East and West Florida or your old Col ny
JVova Scotia with particular regard to be shewn to those Officers and Soldiers, more
Penally those residing in America, who have so faithfully and bravely distinguished
K u 8™ f S
‘
d u r i n g
t h e Wan by allowing ; Five thousand Acres lying together to every
leid Officer ; Three thousand Acres to every Captain, Two thousand five hundred
ores to every Subaltern or Staff Officer ; One hundred Acres to every non-commission
conrTK a n d K f f c y ^otea>
to e v e l 7 private Man ; in such parts as they shall ohuse, on
aaition, that they shall personally apply for and reside upon them subject to such
112 CANADIAN AB0HI7SS
6-7 EDWARD VII., A. 1907
terms of Cultivation, as your Majesty shall think proper to impose on all Persons undertaking such Settlements, which Encouragements may be also extended to reformed
Commission Officers in Your Majesty s Navy in Case Your Majesty shall judge it reasonable and expedient.
All which is most humbly.submitted
S H E L B U R N E
ED. E H O T
GEO : RICE
ORWELL
BAMBER GASCOYNE
WHITEHALL
Aug’ 5th 1763
Endorsed. Aug1
5th 1763. .
R 6 a
Lords of Trade
Report concerning the Lands to be reserved for the Indians—Proposing that a
Commission under the Great Seal be given to the Commander in Chief, for the Government of that Country—with objections to the annexing them to any Province—and
Proposing a,n immediate Proclamation concerning Indian Lands—
Inclosure in N° 10.
Lords of Trade.
Halifax to the Lords of Trade.1
S* JAMES’S Sept1
19th 1763.
M Y LORDS,—Having laid before the King Your Lordships, Representation of the 5th of August last, transmitted to the late Earl of Egremont in
your Letter of the same Date, I am commanded to acquaint Your Lordships that His Majesty, upon Consideration of the Reasons therein set
forth, is pleased to lay aside the Idea of including within the Government
of Canada, or of any established Colony, the Lands which are to be reserved,
for the present, for the Use of the Indians. And His Majesty thinks
proper to direct that the Extent of the Commission, which Your Lordships
are to prepare for the HonWe James Murray, shall be exactly such as is
marked out in your first Report of the 8th of June last, and in the Map
thereto annexed, under the Denomination of Canada. That such Government be described in the Commission, as comprehending all such Part of
Canada on the North Side of the River S’ Lawrence, and all such Parts of
His Majesty’s antient Colonies of Nova Scotia, New England, and New
York, on the South Side of the said River, as lie within the Limits above
mentioned, and that I t be called the Province of Quebec.
His Majesty approves Your Lordships’ Proposition of issuing immediately a Proclamation, to prohibit for the present, any Grant or Settlement
within the Bounds of the Countries intended to be reserved for the Use of
the Indians ; and to declare the Encouragement, which His Majesty, in his
Royal Bounty, is graciously, pleased to give to reduced Officers, and
Soldiers, who served in North America, during the late War, and are
desirous of settling in the Colonies. But His Majesty is of opinion, that
several other Objects, of much Importance to his Service, might, with great
Propriety, be provided for-at the same time : ‘And that the speedy Settlement of the new Colonies, might be promoted ; the Friendship of the
Indians more speedily and effectually reconciliated, and Provision be made
for preventing Inconveniences, which might otherwise arise from the Want
1
A. and “W”. I., vol. 268, p. 217
CONSTITUTIONAL DOCUMENTS 113
SESSIONAL PAPER No. 18
of Civil Jurisdiction in the interior, and reserved Countries, by extending
such Proclamation to the following Purposes, viz*
To make known the Establishment and Limits of the four new Colonies,
and the Additions made to the Governments of Newfoundland, Nova
Scotia, and Georgia.
To declare the Constitution of the new Governments, as established for
the present, & intended in future, and the general Powers which the
Governors will have of granting Lands within Them.
To prohibit private Purchases of Lands from Indians.
To declare a free Trade for all His Majesty’s Subjects with all the
Indians, under Licence, Security, and proper Regulations.—And
To impower all Military Officers and Agents for Indian Affairs, within
the reserved Lands, to seize such Criminals, and Fugitives, as may take
Refuge in that Country, and to send them to be tried in any of the old
Colonies (if That can legally be done) or else to that Government, from
which They respectively fled.
I t is therefore His Majesty’s Pleasure, that Your Lordships do immediately prepare, and transmit to me the Draught of such a Proclamation as
may extend to the several Points abovementioned.—But, with respect to
One of Them, namely the Encouragements to be offered to reduced Officers,
and Soldiers, I am to acquaint Your Lordships, that His Majesty’s Intentions are, To grant to such reduced Officers only, as have served in North
America during the late War, and to such private Soldiers only, as have
been, or shall be, disbanded in America, and are actually residing there, the
following Quantities of Land, in any of the Colonies on the Continent, upon
the usual Reservation of Quit-Rents, after the Expiration of ten Years, and
upon sure Terms of immediate Settlement, & Cultivation ; viz’
To every Person having the Rank of a Field
Officer 5000 Acres
To every Captain 3000
To every Subaltern or Staff’Officer 2000
To every non-commissioned Officer 200
To every private Man , 50.
His Majesty is also graciously pleased to offer the like Quantities of
Land, upon the same Terms, to such reduced Officers of his Navy, of like
Rank, as served on board his Ships of War in North America, at the time
of the Reduction of Louisbourg, and Quebec in the late War.
I am farther to acquaint Your Lordships, that, as it is of the greatest
Importance, that the General Plan, upon which His Majesty’s Subjects are
to carry on a free Trade with all the Indians of North America, should be
established as soon as possible, His Majesty expects that Your Lordships
will avail Yourselves of every Information in Your Power, and lay before
Him, with all possible Dispatch, a System of Regulations for that purpose.
As to the Commission proposed in Your Lordships,’ Report of the 5th of
August to be given to the Commander in Chief of His Majesty’s Forces, for
the government of the interior Country, if upon Experience, & future
Information, it shall still’ appear to Your Lordships to be expedient, &
practicable, You will be pleased to prepare, and lay i t before His Majesty.
I am &c
D U N K H A L I F A X . 1
endorsed : Sept1
19th 1763.
Dra*
DprvoJ^601^?^1
*™*’ E a r l of Halifax, succeeded Hon. George Grenville as Secretary of State (Northern
oiwtment) Oct. 14th, 1762. On Aug. 21st, 1763, the Earl of Egremont died suddenly from apoplexy and
the «¿Tii? U a J
l f a x temporarily took over the duties of the department, being formally transferred to
°f SandwFeh’ e p a r t o e n t a b o u t SePt- 9 t h
–
H e w a s succeeded in the Northern Department by the Earl
18—3—8
114 CANADIAN AECEITE8
6-7 EDWARD VII., A. 1907
To the Lords of Trade
Letter of Reference concerning the extent of the new Provinces—The
Lands to be reserved for the use of the Indians by Proclamation—A
free Trade with the Indians under proper Licences & Regulation—
The Lands to be granted to Reduced Officers and Soldiers—And a
Commission proposed to be given to the- Commander in Chief for the
Government of the Interior Country.
Lords of Trade to Halifax.1
WHITEHALL October 4th 1763.
M Y LOED,—In obedience to His Majesty’s Commands, signified to us
by Your Lordship’s Letter of the 19th of last Month, we have prepared,
and herewith transmit to your Lordship, the Draught of a Proclamation,
conformable to the Directions contained in your Lordship’s Letter ; And
having laid the said Draught before His Majesty’s Attorney General, He
has reported to us, That, the same is agreeable to Law, and to the usual
Form of Proclamations.
We have only to observe to your Lordship, that, in order to save time,
we have fixed the Limits of East Florida according to Our Letter to your
Lordship of the 28th of last Month, presuming that our Opinion, mentioned
therein, will be approved of by His Majesty.
We beg leave further to add, That as it appears to us, upon a Revision
of the Report of this Board of the 8th of June last, That, it will be expedient for His Majesty’s Service, and give Confidence and Encouragement to
such Persons as, are inclined to become Settlers in the new Colonies, That
an immediate and public Declaration should be made of the intended
permanent Constitution and that the power of calling Assemblies should
be inserted in the first Commissions, We have therefore drawn the Proclamation agreeable to this Opinion, and have prepared the Commissions accordingly ; and we humbly hope Our Conduct herein will meet with His
Majesty’s approbation, as we conceive, that any temporary Power of
making Ordinances and Regulations, which must of necessity be allowed
to the Governors and Councils before Assemblies can be called, as well as
the mode of exercising that Power, will be better inserted in the Instructions, which we are now preparing.-—
We are
My Lords
Your Lordship’s
most obedient and
most humble Servants
HILLSBOROUGH
E
d
BACON
JOHN YOEKE.
ORWELL
R* Honble Earl of Halifax
endorsed : October 4. 1763
Board of Trade
R 4th
.
Inclosing the Proclamation relative to America, and Observing that it
will be better to insert, in the Instructions preparing for the Governors o£
the New Provinces, any temporary Power of making Ordinances & Regulations w.hich may be allowed to the Governors & Councils, than in the first
Commissions. 20th An Inclosure.
B. N° 5.
i A. & W. I., Vol. 268, p. 227.
CONSTITUTIONAL DOCUMENTS 115
SESSIONAL PAPEn No. 18
PROCEEDINGS I N T H E P R I V Y COUNCIL. *
i
A T THE CODBT AT S’ JAMES’S
the 5th day of October 1763.
Present
T H E KING’S MOST EXCELLENT MAJESTY
&o. &c.
Proclamation Whereas there was this day read at the Board a Draught of a
relative to the settling Proclamation prepared by the Lords Commissioners for Trade and
mente in America- P l a n t a t i o n s relative to the erecting within the Countries and Islands
Approved. ” * ceded and confirmed to His Majesty by the late Definitive Treaty,
four distinct and separate Governments by the Names of Quebec,
East Florida, West Florida Gienada, and declaratory of the Constitution of the said New Colonys, of the encouragements to be given
to reduced Officers and Soldiers and the Regulations to be observed
in respect to the Indian Commerce and Country—His Majesty taking the said Draught of a Proclamation into His Royal Consideration, was pleased with the advice of His Privy Council to approve
Proclamation— thereof, and to Order, as it is hereby Ordered that the Right HonourmaTon wll signed b a b l e t h e E a r l ° f H a l i f a x>
0 n e o f H i s Majestys Principal Secretarys
His Maj’y and dated °^ State do cause the said Draught of a Proclamation (which is herethe 7th Ins*. unto annexed) to be prepared for His Majesty’s Royal Signature.—
Whereas there was this day read at the Board a Representation
^
als from the Lords Commissionners for Trade and Plantations, setting
pàredg
forEast”ande
” ^ o r t n t n a t His Majesty having been graciously pleased to approve a
WestMorida, Que- Plan for the erecting and establishing four Civil Governments in the
dis—Ud t h e G r e n a ‘ Islands and Territories in America, ceded to His Majesty by the late
Definitive Treaty, and it appearing to be necessary and expedient
that a Publick Seal should be prepared for Sealing all publick Instruments in each of those Governments agreeable to the Method
practiced and established in all other His Majesty’s Colonies in
America ; The said Lords Commissioners therefore propose that
Directions may be given to prepare with all possible Dispatch a
Draught of a Seal for each.of the said Governments conformable to
the following Descriptions Viz*—
For the Province of Quebec
On the One side His Majestys Effigies, pointing to a Chart of that
Part of America through which the River of 8* Lawrence flows, including the Gulph and with this Legend or Motto underneath, Extensas
gaudent agnoscere Metse ; and this Inscription around the Circumference, Sigillum Provincia nostra? Quebecensis in America ; and on the
^ Reverse His Majesty’s Arms, Crown, Garter, Supporters and Motto
with this Inscription round the circumference, Geo. I I I . Dei Gratia Magnse Britannise, Francise et Hïberniaa Rex, Fidei Defensor
Brunsvici et Luneburgi Dux, Sacri Romani Imperii, Archi Thesausarius et Elector.
Upon reading this day at the Board a Representation* from the
Drafts of Cornicons Lords Commissioners for Trade and Plantations dated the 4t t of
Queb ^pvrS of • kh¿3 Instant together with Draughts of Commissions prepared by
da, West Florida’& * n e m for the Honourable James Murray, Esqr
to be Governor of
a n d GrTeraxoZnn ~~ ‘ ‘
* This Representation is quoted in the Report of the Lords of the Committee upon
the Drafts of Commissions for the Governors of Quebec, &c, 6th October, 1763,
1
? 5 ” y
„
C o u n o i l ‘ Re
g
i s t e r ; Geo. III., p. 100, lo-—d—g^.
116 CANADIAN ARCHIVES
6-7 EDWARD VII., A. 1907
Quebec, James Grant Esq’ to be Governor of East Florida, George
Johnstone Esq1
to be Governor of West Plorida, and Robert Melvill
a Commee ^ s
^
r
^° ^ e
Governor of Granada, Dominico, S* Vincent and Tobago—
I t is Ordered by His Majesty in Council that the said Representation and Draughts of Commissions Be, and they are hereby referred
to the Right Honourable the Lords of the Committee of Council
for Plantation Affairs to consider the same and Report their Opinion
thereupon to His Majesty at this Board.—
REPORT ON COMMISSIONS FOR GOVERNORS. 1
N° 9. A.
AT T H E COUNCIL CHAMBER W H I T E H A L L
the 6ft day of October 1763—
By the Right Honourable the Lords of the Committee of Council
for Plantation Affairs &ca
Present
Earl of Sandwich Earl of Hillsborough 3
Goiniçons Report of Earl of Halifax
the Lords of the Your Majesty having been pleased by Your Order in Council of the
Drafsof Co’mmis- 6
^ a
°^ *n
*
8
Instant to referr unto this Committee a Representation
sions for the GOT» from the Lords Commissioners for Trade and Plantations, setting forth,
,of Quebec Bast Flo- « t n a t i j n Obedience to Your Majesty’s Commands signified to them in
and’the Granades— ”
a
Letter from the late Earl of Egremont dated the 14th July, last,
” they have prepared Draughts of Commissions for the Honourable
” James Murray Esqr
to be Governor of Quebec, James Grant Esq1
to
” be Governor of East Plorida, George Johnston Esq1
to be Governor
” of West Plorida, and Robert Melvil Esq1
to be Governor of Grenada,
” Dominico and Tobago—That in the Description of the Governments
” of Quebec, East Plorida, and West Plorida they have conformed
” to the Limits and Bounds which your Majesty has been pleased to
” direct and approve, and as they conceived it to be Your Majesty’s
” Royal Intention, that the Form and Constitution of Government in
” these new Colonies, should be as near as may be similar to what has
” been established in those Colonies, which are under Your Majesty’s
” immediate Government, they have therefore prepared these Coinmis-
” sions accordingly, by which the Governors are impower’d and
” directed so soon as the Circumstances of the Colonies will admit
” thereof, to summon and call General Assemblys of the Preeholders
” in their respective Governments in such Manner as is practised in
” Your Majesty’s other Colonies ; That they have omitted in these
” Commissions any Power that it may be necessary to grant to the
” Governors and Councils of Your Majestys said new Colonies to
” make Temporary Regulations until Assemblys can be called, because
” they were of Opinion that an immediate and publick Declaration of
” the intended permanent Constitution, and an Insertion in the first
” Commissions of the Power of calling Assemblys so soon as the Cir-
” cumstances will admit, is expedient for Your Majesty’s Service, and
” will give Confidence and Encouragement to such of Your Majesty’s
” Subjects, as shall incline to settle in your said new Colonies, and
” because such Power of making temporary Regulations may be given
1
Privy Council Register, Geo. III., p. 112.
2
Wills, “Earl of Hillsborough, kuceeeded the Earl of Shelburne as President of the Board of Trade,
Sept. 9th, 1763.
CONSTITUTIONAL DOCUMENTS 117
SESSIONAL PAPER No. 18
” in the General Instructions which they shall prepare and lay before
” Tour Majesty with all possible Dispatch.—That there are in the
” Commissions to the Governors of Tour Majesty’s other Colonies
” some Clauses respecting the Power of suspending and comptrolling
” the Council, but as they conceive these Matters may be more pro-
” perly and regularly provided for in the Instructions under those
” Articles which direct the Nomination of the Council, ascertain their
” Authority and point out their Duty and Methods of Proceedings,
” they have therefore omitted these Clauses in the present Draughts
” in order to insert them in the Instructions—”
The Lords of the Committee in Obedience to Tour Majestys said
Order of Reference this day took the said Representation and
Draughts of Commissions into their Consideration, and are of opinion,
that in order to make the said Commissions agreeable to the Instructions to be given to the said Governors the following Addition, should
be made to each of the said Commissions at the End of that Article
whereby the said Governors are empowered to make Grants of Land—
. . Viz*
” Provided the same be made conformable to the Instructions-here-
” with delivered to you, or to such other Instructions as may hereafter
” be sent to You under Our Signet and Sign Manual, or by Our Order
” in Our Privy Council.—”And the Lords of the Committee having
accordingly caused the said Addition to be made in each of the said
Draughts do agree humbly to lay the same so amended before Tour
Majesty for Your Royal Approbation
Tour Majesty having been pleased by Tour Order in Council of the
5
th of this Instant to referr unto this Committee a Representation
from the Lords Commissioners for Trade and Plantations setting forth,
“that in Obedience to Tour Majesty’s Commands signified to them by
a Letter from the Earl of Halifax, dated the 27th of last Month they
have prepared, and humbly lay before Tour Majesty, the Draught of
* a Commission appointing Montagu Wilmot Esqr
Governor of Nova
Scotia, in which Draught they have so described the Northern and
Eastern Limits of this Province, as, to make it conformable to what
has been already approved in respect to the Southern boundary of the
Province of Quebec, and to comprehend the Islands of Cape Breton
and S* Johns, 1
that they have also made the River S’ Croix the
Boundary to the Westward, for, although it be true that the ancient
Limits of this Province, as it was possessed by Prance under the
Treaties of Breda and Ryswick and ceded to Great Britain by the
Gommitt R Treaty of Utrecht under the Name of Acadia, did extend as far West
upontheDraught’of a 8 t n e River Pentagoet or Penobscob, yet as it appears to have been
aComieonfor determined iii the Tear 1732, upon a full examination of the Claims
^touEl^ o f t h e P r i n c e of the Massachusets Bay, as well by the Attorney
and Sollicitor General, as by this Board, and finally by His Majesty
in Council, that the said Province had a right of Jurisdiction and
1
property under the Limitation of the Charter, to the Country between
, the Rivers Sagadehock and S* Croix, and as in consequence of this
Examination, the Instructions given to Colonel Dunbar, and to the
Governor of Nova Scotia to make Settlements within that Tract were
revoked, and it was Ordered that the Province should not be disturbed in the possession they claim to have of this Country it does not
appear to them that this question is for the present open to a New
Discussion : But as they conceive there are many material circumstances in favour of Tour Majesty’s Right to the Country as far West1 N °w Prinee Edward Island.
118 , J CANADIAN ARCHIVES
6-7 EDWARD VII, A. 1907
Ward as the River Penobscot which were not stated in the Case laid
before the Attorney and Sollicitor General in 1732, upon which Case
their Opinion and the Dicision of the Council were founded, they do
not think it adviseable that this Restriction of the Western Bounds
of Nova Scotia to the River 8* Croix should pass without some reservation of Your Majesty’s Right to the Country between that River
and Penobscot, being entered upon the Council Books ; And they rather
humbly proposed this to Your Majesty, as it may be a means of hereafter removing any Objection which may be taken on the part of the
Province of Massachusets Bay to the Southern Line of Quebec, as far
as it concerns their Northern Limits, for if such Objection should be
made, and it should appear upon examination they have any just
ground of Complaint, it will be in Your Majesty’s power to make them
a reasonable Compensation, by allowing their Jurisdiction to extend
as far Eastward as the River S* Croix, between which and the River
Penobscot they have lately made some considerable Settlements”.
The Lords of the Committee in Obedience to Your Majestys said
Order of Reference this day took the said Representation and Draught
of a Commission into their Consideration, and being of Opinion that
Your Majesty’s Right to the Country between the River S* Croix, and
the River Penobscot (the ancient Limits of the said Province) ought
to be reserved in a more publick manner than by an Entry in the
Council Books, do therefore propose that the following alteration
should be made in the said Draught of a Commission for that purpose.
Viz’ After the Appointment of Montagu Wilmot to be Captain General and Governor in Chief in and over the Province of Nova Scotia,
the description of the Boundarys of the said Province to be left out,
and the following words inserted in lieu thereof. ” Which we have
” thought proper to restrain and comprize within the following limits—
” Viz* : to the Northward, Our said Province shall be bounded
” by the Southern Boundary of Our Province of Quebec as far
” as the Western extremity of the Bay des Chaleurs ; To the EastS e l L n ^ T s t h o l e a r e ‘ ‘ w a r d b
y
t h e s a i d B aY
a Q d t h e G u l P
h o f
.
S
‘ Laurence, to the
described in Montagu ” Cape or Promontory called Cape Breton in the Island of that
Wilmot’s Com» dated « Name including that Island, the Island of S* Johns, and all other
o v ‘ ‘ ” Islands within Six Leagues of the Coast ; To the Southward by the
” Atlantick Ocean from the said Cape* to Cape Sable, including the
” Island of that Name, and all other Islands within forty Leagues of
” the Coast, with all the Rights, Members and Appurtenances what-
” soever thereunto belonging ; And to the Westward altho’ Our said
•’ Province hath anciently extended, and doth of Right extend as far
” as the River Pentagouet or Penobscot,it shall be bounded by a Line
” drawn from Cape Sable across the Entrance of the Bay of Fundy,
” To the mouth of the River S*. Croix, by the said River to its source,
” and by a Line drawn due North from thence to the Southern Bound-
” ary of Our Colony of Quebec.” And their Lordships are further of
Opinion that it will be proper to make the following Addition at the
end of the Article empowering the said Governor to make Grants of
Lands “Viz1
” Provided the same be made conformable to the Instruc-
” rions herewith delivered to you, or to such other Instructions as
” may hereafter be sent to you under Our Signet and Sign Manual,
” or by Our Order in Our Privy Council.”
The Lords of the Committee have therefore caused the said alter
ation and Addition to be made in the said Draught of a Commission
accordingly, and do agree humbly to lay the same before Your
Majesty for Your Royal Approbation—
CONSTITUTIONAL DOCUMENTS 119
SESSIONAL PAPER No. 18
Halifax to Lords Commissioners for Trade and Plantations.
B. N° 5.—
S’ JAMES’S Oct. 8. 1763.
Lords Commissre for Trade & Plantations—
Vol. 268 M Y LORDS,—Having laid before the King your Lordships Letter of the
P-261 6th instant with the Dra* of a Proclamation therein inclosed, and His
Qot 8 Majesty having been pleased to approve the said Draught, & to order it to
be printed, & passd under the great Seal, in the usual Form, I send your
Lordships herewith a number of printed Copies of the said Proclamation &
am to signify to your Lordships His Majesty’s Pleasure that you should
transmit them to the Governors of His Majesty’s several Colonies & Plantations, in America ast Florida, West Florida and Grenada, and limited and bounded as follows, viz.
PvM- ^ ^ e n from the (text as contained in the “Papers Relative to the Province of Quebec,” 1791, in the
™>ue Keeord office. Copied in the Canadian Archives Q 62 A, pt. I., p. 114.
immi e
Latitude °i the Home Government at this time, on the subject of immigration, the kind of
o M t t i 8
–
t 0
–
favOTi
r
ed, and even the need of an outlet for surplus population on the part of some of the
îwor^i ï 1 1 ?
m A m e r i ca. may be gathered from a report of the Lords of Trade, Nov. 5,1761, upon the
S a t M «< "J501* a n u m i e r o f Germans to the American Colonies after the peace. They point out room in reS a™s colonies possessed before the war, the increase of population is such 'as scarce to leave lated ÎS T í 1 6 i m f o r a n y m o r e inhabitants.' The encouragement and advantages of the less popun d S -fTn o o l o m e s a re such as to induce sufficient migration without burdening the public. _ Our own îoreioïr U o P a n d soldiers would be more proper objects of national bounty, and better colonists, than diso^i™ ^™8 6 ignorance of the English language, laws, j,nd constitution cannot fail to increase those has 3™ AU f Í , a t eonfusion in our Government, which the too great migration of people from Germany ofifcT» - y î„ y i n t r o < i u o e and
them to grant to any such Person or Persons upon such Terms, and under such moderate
Quit-Rents, Services and Acknowledgments, as have been appointed and settled in our
other Colonies, and under such other Conditions as shall appear to us to be necessary
and expedient for the Advantage of the Grantees, and the Improvement and settlement
of our said Colonies.
And Whereas, We are desirous, upon all occasions, to testify our Royal Sense and
Approbation of the Conduct and bravery of the Officers and Soldiers of our Armies,
and to reward the same, We do hereby command and impower our Governors of our
said Three new Colonies, and all other our Governors of our several Provinces on the
Continent of North America, to grant without Fee or Reward, to such reduced Officers
as have served in North America during the late War, and to such Private Soldiers as
have been or shall be disbanded in America, and are actually residing there, and shall
personally apply for the same, the following Quantities of Lands, subject, at the Expiration of Ten Years, to the same Quit-Rents as other Lands are subject to in the
Province within which they are granted, as also subject to the same Conditions of
Cultivation and Improvement ; viz.
To every Person having the Rank of a Field Officer…. 5,000 Acres.
To every Captain 3,000 Acres.
To every Subaltern or Staff Officer 2,000 Acres.
To every Non-Commission Officer 200 Acres.
To every Private Man 50 Acres.
We do likewise authorize and require the Governors and Commanders in Chief of
all our said Colonies upon the Continent of North America to grant the like Quantities of
Land, and upon the same conditions, to such reduced Officers of our’Navy of like Rank
as served on board our Ships of War in North America at the times of the Reduction of
Louisbourg and Quebec in the late War, and who shall personally apply to our respective
Governors for such Grants.1
_ And whereas it is just and reasonable, and essential to our Interest, and the Security of our Colonies, that the several Nations or Tribes of Indians with whom We are
connected, and who live under our Protection, should not be molested or disturbed in the
Possession of such Parts of our Dominions and Territories as, not having been ceded to
or purchased by Us, are reserved to them, or any of them, as their Hunting Grounds.—
We do therefore, with the Advice of our Privy Council, declare it to be our Royal Will
and Pleasure, that no Governor or Commander in Chief in any of our Colonies of Quebec, East Florida, or West Florida, d<5 presume, upon any Pretence whatever, to grant Warrants of Survey, or pass any Patents for Lands beyond the Bounds of their respective Governments, as described in their Commissions ; as also that no Governor or Commander in Chief in any of our other Colonies or Plantations in America do presume for tne present, and until our further Pleasure be known, to grant Warrants ofSurvey, or whirf,?? O0 '-,131*. 1763, the Earl of Halifax wrote to the Attorney General, inquiring "as to the mean» it Z ? ? te U8ed t 0 nullify the doubtfulness of a paragraph in H. M's proclamation which makes ]and^r i, a l? n l . y t h o 8 e o f f i e e r a which served both at Louisbourg and Quebec are entitled to grants ot ' 8uoil n o t bemg His Majesty's intention." Calendar of Some Office Papers, 1760-1765, no. 103b. 122 CANADIAN ARCHIVES 6-7 EDWARD VI!., A. 1907 pass Patents for any Lands beyond the Heads or Sources of any of the Rivers which fall into the Atlantic Ocean from the West and North West, or upon any Lands whatever, which, not having been ceded to or purchased by Us as aforesaid, are reserved to the said Indians, or any of them. And We do further declare it to be Our Royal Will and Pleasure, for the present •as aforesaid, to reserve under our Sovereignty, Protection, and Dominion, for the use •of the said Indians, all the Lands and Territories not included within the Limits of Our said Three new Governments, or within the Limits of the Territory granted to the Hudson's Bay Company, as also all the Lands and Territories lying to the Westward of the Sources of the Rivers which fall into the Sea from the West and North West as -aforesaid : And We do hereby strictly forbid, on Pain of our Displeasure, all our loving Subjects.from making any Purchases or Settlements whatever, or taking Possession of any of the Lands above reserved, without our especial leave and Licence for that Purpose first obtained. And, We do further strictly enjoin and require all Persons whatever who have either wilfully or inadvertently seated themselves upon any Lands within the Countries •above described, or upon any other Lands which, not having been ceded to or purchased by Us, are still reserved to the said Indians as aforesaid, forthwith to remove themselves from such Settlements. And whereas great Frauds and Abuses have been committed in purchasing Lands of the Indians, to the great Prejudice of our Interests, and to the great Dissatisfaction of the said Indians ; In order, therefore, to prevent such Irregularities for the future, and to the end that the Indians may be convinced of our Justice and determined Resolution to remove all reasonable Cause of Discontent, We do, with the Advice of our Privy Council strictly enjoin and require, that no private Person do presume to make any Purchase from the said Indians of any Lands reserved to the said Indians, within those parts of our Colonies where, We have thought proper to allow Settlement ; but that, if at any Time any of the said Indians should be inclined to dispose of the said Lands, the same shall be Purchased only for Us, in our Name, at some public Meeting •or Assembly of the said Indians, to be held for that Purpose by th,e Governor or Commander in Chief of our Colony respectively within which they shall lie ; and in case they •shall lie within the limits of any Proprietary Government, they shall be purchased only for the Use and in the name of such Proprietaries, conformable to such Directions and Instructions as We or they shall think proper to give for that Purpose ; And we do, by the Advice of our Privy Council, declare and enjoin, that the Trade with the said Indians shall be free and open to all our Subjects whatever, provided that every Person who may incline to Trade with the said Indians do take out a Licence for carrying on such Trade from the Governor or Commander in Chief of any of Our Colonies respectively where such Person shall reside, and also give Security to observe such Regulations as We shall at any Time think fit, by ourselves or by our Commissaries to he appointed for this Purpose, to direct and appoint for the Benefit of the said Trade : And we do hereby authorize, enjoin, and require the Governors and Commanders in Chief of all our Colonies respectively, as well those under Our immediate Government as those under the Government and Direction of Proprietaries, to grant such Licences without Fee or Reward, taking especial Care to insert therein a Condition, that such Licence shall be void, and the Security forfeited in case the Person to whom the same is granted shall refuse or neglect to observe such Regulations as We shall think proper to prescribe as aforesaid. And we do further expressly enjoin and require all Officers whatever, as well Military as those Employed in the Management and Direction of Indian Affairs, within the Territories reserved as aforesaid for the use of the said Indians, to seize and apprehend all Persons whatever, who standing charged with Treason, Misprisions of Treason, Murders, or other Felonies or Misdemeanors, shall fly from J ustice and take Refuge in the said Territory, and to send them under a proper guard to the Colony where the CONSTITUTIONAL DOCUMENTS 123 SESSIONAL PAPER No. 18 Crime was committed of which they stand accused, in order to take their Trial for the same.1 Given at our Court at St. James's the 7th Day of October 1763. in the Third Year of our Reign. GOD SAVE T H E K I N G EGREMONT TO GOVERNOR MURRAY. 2 WHITEHALL, Aug' 13th 1763. Gov1 " MURRAY. SIR, I take great Satisfaction in acquainting you, that His Majesty has been graciously* pleased to confer on you the Government of Canada, over which Country you have already presided so long with such Applause, that The King is persuaded this appointment will be received by His new subjects as a singular mark of His Majesty's Royal attention to their Welfare & Happiness. The necessary Commission & Instructions for you, on this occasion, which are preparing by the Board of Trade with all Dispatch, will be forwarded to you as soon as possible, and as they will contain very full Directions, not only with regard to the Form of Government to be established in Canada, but to your Conduct in every particular ; I have no new Orders to transmit to you at present ; But His Majesty thinks it very material, that you should be apprized, that He has received Intelligence, which gives some reason to suspect, that the French may be disposed to avail Themselves of the Liberty of the Catholick Religion granted to the Inhabitants of Canada, in order to keep up their Connection with France, and, by means of the Priests, to preserve such an Influence over the Canadians, as may induce them to join, whenever Opportunity should offer, in any attempts to recover that Country ; It therefore becomes of the utmost Consequence to watch the Priests very narrowly, and to remove, as soon as possible, any of them, who shall attempt to go out of their sphere, and who shall busy themselves in any civil matters : For tho' The King has, in the 4th Article of the Definitive Treaty, agreed to grant the Liberty of the Catholick Religion to the Inhabitants of Canada ; and tho' His Majesty is far from entertaining the most distant thought of restraining His new Roman Catholick Subjects from professing the Worship of their Religion according to the Rites of the Romish Church : Yet the Condition, expressed in the same Article, must always be remembered, viz* : As far as the Laws of Great Britain permit, which Laws prohibit absolutely all Popish Hierarchy in any of the Dominions belonging to the Crown of Great Britain, and can only admit of a Toleration of the •exercise of that Religion ; This matter was clearly understood in the Negotiation of the Definitive Treaty ; The French Ministers proposed to insert the WT ords, comme ci- 1764 quoting
that revoked the
River Alatamaha is
mentioned as the
Southern boundary
Addition to the
Clause relative to
Granting Lands.
Kef11 to a Commee
SESSIONAL PAPER No. 18
The Com” to Wright to be Governor t i the Province of Georgia bfaiing date the 4th day
revoking that dated 0 f M a y 1761, which doth any way relate to or concern the Limits a n d
January 1764 & 6 Bounds of the said Province, and appointing new* Bounds ai d Limits
to the said Province whereby the Southern Boundary Line is extended
to the most Southern Stream of a certain River called S’ M a r y —
H i s Majesty taking the same into Consideration, is pleased with
t h e Advice of H i s P r i v y Council to approve of the said D r a u g h t of
a n I n s t r u m e n t (which is hereunto annexed) a n d to Order, as i t is
hereby Ordered, tha,t the R i g h t Honourable the Earl of Halifax One
of H i s Majestys Principal Secretarys of S t a t e do cause a W a r r a n t to
be prepared for H i s Majesty’s Royal Signature in order to pass t h e
said I n s t r u m e n t under the Great Seal of Great Britain.—
U p o n reading this day a t the Board a L e t t e r from Mr
A t t o r n e y
General to t h e R i g h t Honourable t h e E a r l of Halifax, one of H i s
Majestys Principal Secretaries of State, praying t h a t an Addition
should be made to t h e Clause in the Commissions for the Governors
of Quebec, Grenada, E a s t Florida, a n d W e s t Florida relative to t h e
granting L a n d s — I t is Ordered b y H i s Majesty in Council t h a t t h e
said L e t t e r a n d addition (which are h e r e u n t o annexed), Be, a n d t h e y
are hereby Referred to the R i g h t Honourable the Lords of the Committee of Council for P l a n t a t i o n Affairs to consider the same a n d
R e p o r t their Opinion thereupon to H i s Majesty a t this Board
A t the Council Chamber Whitehall t h e l l ” 1
day of November 1 7 6 3 –
By the Right Honourable the Lords of t h e Committee of Council
for P l a n t a t i o n Affairs—
T o u r Majesty having been pleased by Y o u r Order in Council of
t h e 4th I n s t a n t to referr u n t o this Committee a L e t t e r from Mr
Attorney General to t h e R i g h t Honourable t h e Earl of Halifax one
tion to tne^clauseTn0
^ Y o u r Majestys Principal Secretarys of State proposing t h a t the
the Coimnicons for following Addition m a y be m a d e to t h e Clause in t h e Commissions
Scotfa? Quebfc? Bast ( a
P P r o v e d by Y o u r Majesty in Council on t h e 7th of last M o n t h ) for
Florida,West Florida the Governors of Quebec, Grenada, E a s t Florida, W e s t Florida, a n d
relative toth^r*’8 Novíí S c o t i a r e l a t i v e t o t n e G r a n t i n g Lands—Viz*
ing Lands— S n t” ” Which Instructions, or any Articles contained therein, or any
-” such Order made in Our P r i v y Council, so far as t h e same shall
” relate to the Granting of Lands, as aforesaid, shall “from time to
” time, be published in t h e Province, a n d entered of Record, in like
” manner as t h e said G r a n t s themselves are hereby directed to be
” Entered.”—
The Lords of t h e Committee in Obedience to Y o u r Majestys said
Order of Reference this day took t h e said L e t t e r a n d addition into
their Consideration, a n d being of Opinion t h a t the same is proper a n d
, necessary, do therefore agree humbly to Report, t h a t i t may be adviseable for Y o u r Majesty to cause t h e said Addition to be inserted in
all t h e aforementioned Commissions accordingly.
Commissions
Committee Report
for making an Addi11t h Nov. 1 7 6 3 —
ï™trucons , The Lords of t h e Committee, in Obedience to Y o u r Majestys said
“PonDrS f8porfc Order of Reference, this day took t h e said Representation a n d
InrtruconsfoíS
the D r a u g h t s of Instructions in their Consideration, a n d finding t h a t t h e
§ ^ K
°
E
Quebec, East said D r a u g h t s of General Instructions contain all those Articles
andlhe Se n
t
ada”r i d a u a u a % S i v e n t o t h e Governors of Y o u r Majesty’s American polonies
and Islands respectively, which are necessary for, and applicable to
these N e w Governments, together with such others as appear to t e n d
_________^ to promote t h e Settlement and I m p r o v e m e n t of them, A n d t h a t the
6
^ n d a r i e s here described agree with those given in Wright’s Commission of 24 Jan? 1764.
126 CANADIAN ARCHIVES
6-7 EDWARD V I I , A. 1907
Draughts of Instructions for the observance of the Acts of Parliament
for the encouragement and Regulation of Trade and Navigation are
exactly comformable to the Instructions given to the Governors of
Your Majestys other American Colonies and Plantations.—Their
Lordships do therefore agree humbly to lay the said Draughts of
Instructions before Your Majesty for Your Royal Approbation.
AT T H E COURT AT ST. JAMES’S
the 14* day of Novemr 1763
Present
The King’s most Excellent Majesty &c &c.
Upon reading at the Board a Report from the Right Honourable
the Lords of the Committee of Council for Plantation Affairs
dated the 11th of this Instant upon considering a Letter from Si’
Attorney General to the Right Honourable the Earl of Halifax One
of His Majesty’s Principal Secretaries of State proposing that the
following Addition may be made to the Clause in the Commissions
Commissions (approved by His Majesty in Council on the 7th of last Month) for
Order for making an the Governors of Quebec, Grenada, East Florida, West Florida and
Addition to the Nova Scotia relative to the granting Lands—Viz*
Gov» Commicons ” Which Instructions, or any Articles &c—”
relative to the Grant- And the Lords of the Committee being of opinion that the said
T
s
dn d s Addition is proper and necessary to be made in the said Commissions,
His Majesty this day took the same into Consideration, and was
pleased with the Advice of His Privy Council to approve thereof end
to order as it is hereby Ordered, that the Right Honourable the Earl
of Halifax one of His Majesty’s Principal Secretarys of State, do
cause the said Additionto be inserted in all the aforementioned Commissions accordingly-—
COMMISSION OF CAPTAIN-GENERAL & GOVERNOR I N C H I E F OF
T H E PROVINCE OF QUEBEC. 1
GBOBGB THE THIRD by the grace of God of Great Britain France
and Ireland King Defended of the Faitñ and so forth ; To our
Trusty and well beloved James Murray Esquire, Greeting.
Oorcmission to be ~We, reposing especial trust and Confidence in the prudence, Courage
Governor iTcSefof a n d loyalty of you the said James Murray, of our especial grace,
the Province Certain Knowledge and meer motion, have thought fit to Constitute
and appoint, and by these presents, do Constitute and appoint yo»!
the said James Murray to be our Captain General and Governor in
Chief in and over our Province of Quebec in America.
Boundaries of the Bounded on the Labrador Coast by the River Saint John, ana
Province from thence by a line drawn from the head of that River through the
lake Saint John to the south end of Lake Nepissin, from whence the
said line Crossing the River Saint Lawrence and the lake Champla”1
The Governor is to ^n
I”orty five Degrees of Northern Latitude, passes along the high
act according to the lands which Divide the Rivers that empty themselves into the said
o?7hkOommSlon& R Í V e r S a i n t L a w r e I l c e f r o m t h o s e w l u c n f a l 1 i n t o t h e s e a>
a n d aIS°
according to the along the north Coast of the Bay des Chaleurs and the Coast of tbe
Kings Instructions Gulfts of Saint Laurence to Cape Rosières, and from thence, Crossing
J Copied from the Register of Commissions in the office of the Secretary of State, Canada.
CONSTITUTIONAL DOCUMENTS 127
SESSIONAL PAPER No. 18
the mouth of the River Saint Lawrence by the west end of the Island
of Anticosty terminates at the aforesaid River Saint John.
Together with all the Rights members, and appurtenances whatsoever thereunto belonging.
And we, do hereby require and Command you to do and execute
all things in due manner that shall belong to your said Command and
the Trust we have repoa
ed in you, according to the several powers
and Directions granted or appointed You by this present Commission
and the instructions and authorities herewith given unto you, Or by
such other powers instructions or authorities as shall at any time
hereafter be granted or appointed under our Signet and Sign Manual,
or by our Order in our Privy Council, and according to such reasonable laws and statutes as shall hereafter be made and agreed upon
by you with the advice and Consent of the Council and Assembly of
our said Province under your Government, in such manner and form
as is herein after expressed.
And our will and pleasure is that You the said James Murray doOaths to be taken by after the publication of these our Letters patent, and after the
the Governor appointment of our Council for our said province in such manner and
form as prescribed in the instructions which you will herewith receive,
in the first place take the oaths appointed to be taken by an act
passed in the first Year of the Reign of King George the Pirst
Those appointed by Intitled (an act for the further security of His Majesty’s Person and
1. Geo. 1. Government, and the succession of the Crown, in the Heirs of the
late Princess Sophia, being protestants, and for extinguishing the
hopes of the pretended Prince of Wales, and his open and secret
abettors) as also that you make and subscribe the Declaration menDeclaration against tioned in a n a ° t of Parliament made in the twenty fifth Year of the
popery Stat 25 Oar : Reign of King Charles the Second Intitled (an act for preventing
Damages which may happen from Popish rescuants) and likewise that
you take the oath usually taken by our Governors in other Colonies
for the due execution of the Office & Trust of our Captain General
and Governor in Chief in and over our said province, and for the
due & impartial administration of justice ; and further that you take
Oath of Office the oath required to be taken by Governors of the Plantations to dotheir utmost that the several laws relating to Trade and Plantations
lawîrelati3861^
11^
b e ^ u l y observed : which said oaths and Declarations our Council of
and Plantations.ra e ° u r s a id Province, or any-three of the members thereof, have hereby
full power and authority, and are hereby required to tender and
administer to You.—
All which being duly performed you shall yourself administer to
Oaths to be taken by each of- the members of our said Council, and to the Lieutenant
Seut°°r1Sellors * Governors of Montreal & Trois Rivieres the said Oaths, mentioned
of MontreaT*?8 i n t n e sai<* -^-ct Intitled (an act for the further Security of His Trois Rivieres Majesty's person & Government and the succession of the Crown in the Heirs of the late Princess Sophia, being protestants, and for extinguishing the hopes of the pretended Prince of "Wales, and his open and secret abettors) and also Cause them to make and subscribe the aforementioned Declaration, and also shall administer unto them the usual Oaths, for the due execution of their places and trust. And We do further give and grant unto you the said James orto**t 51 ad . millister Murray full power and authority from time to time, and at any time toadSni5Se to t ínrSllereafter hJ Yourself, or by any other to be authorized by you in this grsonintheProvinee behalf, to administer and give the Oaths mentioned in the said act b / s t a u i g , p o ; i l t e d (f o r the further security of His Majesty's Person and Government 60 :1- and the succession of the Crown in the Heirs of the late Princess Sophia being Protestants, and for extinguishing the hopes of the 128 CANADIAX ARCHI7E8 Power to keep & use the publick seal Power to call an assembly of the Freeholders The Members of such assembly shall take the Oaths appointed by Stat : 1 Geo : I ; and the declaration against popery power to make Laws not* repugnant to the Laws of G-reatBritain The Laws so made to be transmitted to England within three . months If disallowed by the King they shall thenceforth become void 6-7 EDWARD VII., A. 1907 pretended Prince of Wales and his open and secret abettors) to all and every such person and persons as you shall think fit, who shall at any time or times pass into our said Px-ovince or shall be resident or abiding there. And we do hereby authorize and Impower you to keep and use the Pttblick seal, which will herewith be delivered to you, or shall be hereafter sent to you, for sealing all things whatsoever that shall pass the Great seal of our said Province. And we, do hereby give and grant unto you the said James Murray full power and authority with the advice and Consent of our said Council to be appointed as aforesaid, so soon as the Situation and circumstances of our said Province under your Government will admit thereof, and when & as often as need shall require, to summon and call General Assemblies of the Freeholders and Planters within, your Government, in such manner as you in your Direction shall judge most proper, or according to such further powers, Instructions, and authorities as shall be at any time hereafter granted or appointed you under our Signet and Sign Manual, or by our Order in Our Privy Council. And our will and pleasure is, That the persons thereupon duly Elected by the Major Part of the Freeholders of the respective parishes, or precincts, and so returned, shall before their sitting take the oath mentioned in the said act intitled (an act for the Further security of his Majesty's person & Government and the succession of the Crown in the Heirs of the late princess Sophia being protestants, and for extinguishing the hopes of the pretended Prince of Wales and his open and secret abettors) as also make and subscribe the forementioned declaration : Which oaths & declaration you shall Commissionate fit persons under the publick seal of that our province, to tender and administer unto them and untill the same shall be so taken and subscribed, no person shall be Capable of sitting though Elected. And we do hereby declare that the persons so Elected & Qualified shall be called the Assembly of that our province of Quebec ; and that you the said James Murray, by & with the advice and Consent of our said Council and Assembly, or the major part of them, shall have full power & authority, to make, Constitute or Ordain, Laws Statutes & ordinances for the publick peace, Welfare, .& good Government of our said province, and of the people and Inhabitants thereof, and such others as shall resort thereunto and for'the benefit of us our heirs & successors : which said Laws Statutes and ' Ordinances are not to be repugnant, but as near as may be agreeable, to the laws & Statutes of this our Kingdom of Great Britain. Provided that all such Laws Statutes and Ordinances of what nature or Duration soever they shall be within three months or sooner after the making thereof, Transmitted to us, under our seal of our said province for our approbation or disallowance of the same, as also duplicates thereof by the next Conveyance.'— And in Case any, or all of the said Laws Statutes and Ordinances not before Confirmed by us, shall at any time be disallowed and not approved, -and so signified • by us, our Heirs, and Successors, under our, or their Signet and |sign Manual, or by order of our, or their privy Council, unto you the said James Murray or to the Commander in Chief of our said Province for the time being ; Then such and so many of the said Laws, Statutes, and Ordinances, as shall be so disallowed, and not approved, shnll from thence forth cease determine CONSTITUTIONAL DOCUMENTS 129 SESSIONAL PAPER No. 18 and become utterly void and of no effect, anything to the contrary thereof notwithstanding The Governor shall ^ n d to the end that nothing may be passed or done by our said agamsVboth Coimcif Council or Assembly, to the prejudice of us, our Heirs and Successors, and Assembly We will and ordain that you the said James Murray, shall have, and enjoy a Negative Yoice in the making and passing all laws, Statutes and ordinances as aforesaid ; and that you shall and may likewise from time to time, as you shall judge necessary, adjourn, prorogue or dissolve all General assemblies as aforesaid And We, do by these presents give and grant unto you, the said SrfTh^CounSl11" J a m e s Mu* rray> M 1 P o w e r and authority, with the advice & Consent
to Erect Courts of of our said Council, to Erect, Constitute and Establish, such and so
Judicature many Courts of Judicature and publick Justice within our said
province under your Government as you & they shall think fit and
necessary, for the hearing & determining of all causes as well
Criminal as Civil according to Law and Equity and for awarding
execution thereupon, with all reasonable & necessary powers,
, „ . . authorities, Fees, and priviledges belonging thereunto : as also to
power to Commission- . , ‘, ‘ . . *\ », &
. ° , ? , . „ ate fit persons to ad- appoint and cominissionate fat persons m the several parts of your
minister the Oaths ap- Government to administer the oaths mentioned in the aforesaid act
(ïeoff&thededa- I l l t i t l e d ( a n a c t f o r t h e further security of His Majesty’s person &
ration ag»popery to Government, and the succession of the Crown in the Heirs of the late
persons belonging to Princess Sophia being protestants and for extinguishing the hopes of
ourts ^ e pr e t e l i e [ e (j p r
i n c e 0f Wales, and his open and secret abettors) as
also to Tender & administer the aforesaid declaration to such persons
belonging to the said Courts as shall be obliged to take the same.
And We do hereby grant unto you full power and authority to
Power to appoint constitute and appoint judges, and in Cases requisite Commissioners
OÍOVS&’T™1
–
8818 o f 0 y e r & T e r i n i l l e r> Justices of the peace, Sherriffs and other
Justices, of the peace necessary Officers and ministers in our said Province for the better
Sherriffs & other ‘ administration of Justice, and putting the Laws in Execution ; and
eers of Justice— t 0 administer or cause to be administered unto them such oath or
Oaths as are usually given for the due Execution and performance of
Offices & places and for clearing the truth in Judicial Causes.
And We do hereby give and grant unto you full power and authority, when you shall see cause, or shall Judge any Offender or
Power to pardon Offenders in Criminal matters, or for any Fines or Forfeitures due unto
Crime us, fit Objects of our Mercy, to pardon all such offenders and remit
all such offences, Fines and Forfeitures ; Treason and Willful murder
only excepted ; In which cases you shall likewise have power upon
Exterordinary Occasions to Grant Reprives to the offenders untill and
to the intent our Royal pleasure may be Known therein.
And We do by these presents Give and Grant unto you full power
power of Coll t’ t an(^ authority to Collate any person or persons to any Churches,
ScdesiasticalVeni-° Chappels, or other Ecclesiastical Benefices within our said province,
8
as often as any of them shall happen to be void.
^ And We do hereby give and grant unti you, the said James Murray,
Power t 1 T ky
yourself, or by your Captains and Commanders by you to be autha-nd Emp%^hemK
‘
PS o r i z e d> full power & Authority to Levy, Arm, Muster Command,
«¡gamut Enemies and Employ all persons whatsoever, residing within our said province,
P l r a t e s k Rebels. and a s occasion shall serve them to march Embark, or Transport
from one place to another for the resisting and withstanding of all
enemies, pirates, & Rebels both at land and sea : and to Transport
such Forces to any of our Plantations in America, if necessity shall
require for Defence of the same against the invasion or attempts of
any of our Enemies ; and such Enemies, pirates & Rebels, if there
should be occasion, to pursue and prosecute in or out of the limits of
130 CANADIAN ARCHIVES
6-7 EDWARD VII., ‘A. 1907
And to execute Mar- our said province ; a n d if it shall so please God, them to vanquish,
wlr””™’ m t l m e °£
apprehend a n d t a k e ; a n d being taken, according to law to p u t t o
death, or K e e p and preserve alive, a t your discretion : a nd to execute
M a r t i a l L a w in time of Invasion, W a r , or other times, when by L a w
it m a y be executed a n d to do a n d execute all and every other t h i n g
a n d things which to our Captain General & Governor in Chief doth,
or of right ought to belong.
A n d “We do hereby give and g r a n t u n t o you full power a n d authpower with the Con- o r r t y , b y a n d with t h e advice a n d Consent of our said Council, t o
sent ot the Council, -^ J
; -Á • t i – i – i – -T • i n T-, ,
to build Forts & Jirect, Raise, a n d build m our said province, such and so m a n y Üorfcs,
Castles Platforms, Castles, Cities, Burroughs, Towns, and Fortifications, as
And to Fortify & yo u »
D
y * n e advice aforesaid, shall judge necessary-: and the same or
Furnish them with any of them, to Fortify and F u r n i s h with Ordnance, ammunition, and
Arms &o., and to a n sorts of arms, fit and necessary for the security & defence of our
tíetííem.—r I s m a n ” g a i¿[ province : A n d b y the advice aforesaid, the same again or any of
them, to Demolish or Dismantle as may be most Convenient,—
A n d for as much as divers Mutinies & Disorders may happen by
. . fW persons Shipped and Employed a t sea during the time of W a r : A n d
to appoint Captains ‘ *° * n
e end, t h a t such as shall be shipped a n d Employed a t sea d u r i n g
and other Officers of t h e time of W a r m a y be better governed and ordered : W e hereby
them’o »? ? a £ÍYe a n ( ^ gr a n>
;
u n t o you the said J a m e s Murray, full power a n d authto execute the Law ority to Constitute a n d appoint Captains, Lieutenants, Masters of
Martial according to Ships, a n d other Commanders • n i e
by the Admiralty, upon t h e H i g h sea, or within any ot t h e havens, Rivers, or Creeks ot
when they Commit our said province, u n d e r Y o u r Government, by any Captain, Comffi^ie^orinathemancler, Lieutenant, Master, Officer, Seaman, Soldier, or person
River, Creek or Whatsoever, who shall be in actual service a n d pay, in or on board any
Haven. 0 f our ships of W a r , or other vessels, acting by immedia te Commission
or W a r r a n t from our Commissioners for executing t h e office of H i g h
A d m i r a l of Great Britain, or from our high A d m i r a l of Gr eat Britain
for t h e time being ; under t h e seal of our Admiralty. B u t t h a t such.
Captain, Commander, Lieutenant, Master, Officer, Seaman, or Soldier,
or other person, so offending shall be left to be proceeded against and
Tried, as their offences shall require, either by Commission under our
Great seal of this Kingdom, as t h e S t a t u t e of the T we n t y eight of
But these persons H e n r y t h e E i g h t directs, or by Commission from our said Commisshall be tried either ¡doners for Executing the Office of H i g h A d m i r a l of Great Britain,
under’the’Sreat seal o r from our H i g h Admiral of Great Britain for t h e time being accordof Great Britain, ing to t h e aforementioned A c t I n t i t l e d (an act for amending, exaccordmg to the Stat, plaining and reducing into one act of parliament, t h e Laws relating
Commission from the *° *he Government of H i s Majesty’s Ships, Vessels, a n d Forces b y
admiralty according Sea) a n d not otherwise.—•
to the Stat 22 Geo. 2 ‘
CONSTITUTIONAL DOCUMENTS 131
SESSIONAL PAPER No. 18
Provided Nevertheless that all disorders and misdemeanors ComBut for offences Com- mitted on shore by any Captain, Commander, Lieutenant, Master,
mitted on Shore, Officer, Seaman, Soldier, or other persons whatsoever belonging to any
trie8
! ^punished 6
°^ o u r Ships of War, or other Vessels acting by immediate Commission
according to the laws or “Warrant from our Commissioners for executing the Office of High
offenceP
ihTll\h
e
e
come A d m i r a l o f G r e a t Britain, or from our High admiral of Great Britain
mitted. ‘ f° r
the time -being ; under the seal of our admiralty, may be Tried
and punished, according to the laws of the place where any such disorders, offences, and misdemeanors shall be Committed on shore, notwithstanding such offender be in our actual service, and Born in our
pay on board any such our ships of war, or other vessels acting by
immediate Commission or Warrant from our Commissioners for
Executing the Office of High Admiral of Great Britain, or from our
Admiral of Great Britain for the time being as aforesaid ; so as
he shall not receive any protection for the avoiding of Justice for such
offence Committed on shore from any pretence of his being employed
in our service at sea.
And our Further will & pleasure is that all publick monies raised,
power with the Con- or which shall be raised, by any act hereafter to be made within our
disc te ‘f6 CTr1
k
1
* ° s a *
d
province, be issued out by Warrants from you, by and with the
money for the sup- advice & Consent of our Council as aforesaid for the support of the
port of the Govern- Government & not otherwise.— m e n ‘ And We likewise give and grant unto you full power and authority,
by and with the advice & Consent of our said Council to settle and
sentof the Council11”
a
g
r e e w ith the inhabitants of our„ said province for such lands, Teneto grant lands. ments and Hereditaments as now are or hereafter shall be in our
power to dispose of, and them to grant to any person or persons upon
such terms, and under such moderate Quit Rents, services, and acknowledgements to be thereupon reserved unto us, as you with the advice
aforesaid shall think fit : which said grants are to pass and be sealed
by our publick seal of our said province ; and being entered upon
radelTheP^vfk R e c o r d by s u c n officer or Officers as shall be appointed thereunto,
seal, and to be regis- shall be good and effectual in the Law against us, our Heirs and
tered- Successors.—
Provided the same be conformable to the Instructions herewith
These grants must delivered to you, or to such other instructions as may hereafter be
be «jade conformably sent to you under our Signet & Sign Manual, or by our order in our
Instruction!8
Privy Council, Which instructions, or any articles Contained therein,
or any such order made in our Privy Council, so far as the same shall
And these Instruc- relate to the Granting of Lands as aforesaid, shall from time to time be
grTV’elatif
g
*° t h e Pu
bhshed in the province and Entered of record, in like manner as
shall Sg
published S t h e S a i d Grants themselves are hereby Directed to be entered.
And We do hereby give you the said James Murray full power &
power with the authority to order Fairs, Marts, & Markets, and also such and so
Council* to t h e • m a n
y P ° r t s
, Harbours, Bays, Havens, and other places for the convefairs &’markets™’ niency and Security of shipping, and for the better loading & unloadharbours & wharfs. ;
ing of goods & Merchandizes, in such and so many places as, by and
with the advice and Consent of our said Council, shall be thought fit
and necessary.—
All officers Civil & ^-n
d
w
e do hereby require & Command all Officers and Ministers
mhi
v7′ a n d a11 o t h e r C i v i l & Mihtary, and all other inhabitants of our said Province, to
Provineeftref
to bè b e o b e d i e a t> aiding, and assisting unto you, the said James Murray in
aiding aid assisting the Execution of this our Commission, and of the powers & Autho-
*e*¿8 G?-V8m
t n a t all Writs be issued in Our Name throughout the
province under your Government.
138 s
CANADIAN ARCHIVES
6-7 EDWARD Vil., A. 1907
24. Whereas there are several Offices in Our Plantations granted under the Great
Seal of Great Britain, and Our Service may be very much prejudiced by reason of the
Absence of the Patentees, and by their appointing Deputies not fit to officiate in their
Stead ; You are therefore to inspect such of the said Offices as are in the Province under
your Government, and to enquire into the Capacity and Behaviour of the Persons exercising them, and to report thereupon, to Our Commissioners for Trade and Planta
tions, what you think fit to be done or altered in relation thereunto ; and you are, upon
the Misbehaviour of any of the said Patentees or their Deputies, to suspend them from
the Execution of their Office, till you shall have represented the whole Matter unto Us,
and received Our Directions therein ; And in case of the Death of any such Deputy,
it is Our express “Will and Pleasure, that You take Care that the Person appointed to
execute the Place, until the Patentee can be informed thereof and appoint another
Deputy, do give sufficient Security to the Patentee, or, in case of Suspension, to the
Person suspended, to be answerable to him for the Profits accruing during such Interval by Death, or during such Suspension, in case We shall think fit to restore the
Person suspended to his Place again. I t is nevertheless Our Will and Pleasure, that
the Person executing the Place during such Interval by Death or Suspension, shall,
for his Encouragement, receive the same Profits as the Person dead, or suspended did
receive ; And it is Our further Will and Pleasure, that, in case of a Suspension of a
Patentee, the Person appointed by you to exercise the Office during such Suspension,
shall receive a Moiety of the Profits which would otherwise become due to such Patentee, giving Security to such Patentee to be answerable to him for the other Moiety,
in case We shall think fit to restore him to his Office again ; And it is Our further Will
and Pleasure, that you do countenance and give all due Encouragement to all Our
Patent Officers in the Enjoyment of their legal and accustomed Pees, Rights, Privileges
and Emoluments, according to the true Intent and Meaning of their Patents.
25. You shall not, by Colour of any Power or Authority hereby or otherwise
granted, or mentioned to be granted unto you, take upon you to give, grant or dispose
of any Office or Place within Our said Province, which now is or shall be granted under
the Great Seal of this Kingdom, or to which any Person is or shall be appointed by
Warrant under Oar Signet and Sign Manual, any further than that you may, upon the
Vacancy of any such Office or Place, or upon the Suspension of any such Officer by
You, as aforesaid, put in any fit Person to officiate in the Interval, till you shall have
represented the Matter unto Our Commissioners for Trade and Plantations, in order
to be laid before TTs, as aforesaid, (which You are to do by the first Opportunity,)
and till the said Office or Place be disposed of by Us, Our Heirs or Successors, under
the Great Seal of this Kingdom, or until some Person shall be appointed thereto by
Warrant under Our Signet and Sign Manual, or Our further Directions be given
therein.
26. And whereas several Complaints have been made by the Surveyor General, and
other Officers of Our Customs in Our Plantations in America, that they have frequently been obliged to serve as Jurors, and personally to appear in Arms whenever
the Militia is drawn out, and thereby are much hindered in the Execution of their Employments ; Our Will and Pleasure is, that You take effectual Care, and give the necessary Directions, that the several Officers of Our Customs be excused and exempted
from serving on any Juries, or personally appearing in Arms in the Militia, unless in
case of absolute Necessity, or serving any parochial Offices, which may hinder them m
the Execution of their Duty.
27. And whereas the Surveyor General of Our Customs in the Plantations are
impowered, in case of the Vacancy of any of Our Offices of the Customs by Death,
Removal, or otherwise, to appoint other Persons to execute such Offices, until they
receive Directions from Our Commissioners of the Treasury, or Our High Treasurer,
or Commissioners of Our Customs, for the time being ; but in regard the Districts of
Our said Surveyors General are very extensive, and that they are required at proper
times to visit the Officers in the several Governments under their Inspection ; and that
it might happen that some of the Officers of Our Customs in the Province under your
Government may die, at the Time when the Surveyor General is absent in some distan*
CONSTITUTIONAL DOCUMENTS 139
SESSIONAL PAPER No. 18
Part of his District, so that he cannot receive Advice of such Officer’s Death within
a reasonable Time, and thereby make Provision for carrying on the Service, by
appointing some other Person in the room of such Officer who may happen to die ;
therefore, that there be no Delay given on such Occasion to the Masters of Ships or
Merchants in their Dispatches, it is Our further “Will and Pleasure, in case of such
Absence of the Surveyor G-enei al, or if he should happen to die, and in such Cases
only, that, upon the Death of any Collector of Our Customs within Our said Province,
You, or, in your Absence, our Lieutenant Governor or Commander in Chief, shall
make Choice of a Person of known Loyalty, Experience, Diligence and Fidelity, to be
Employed in such Collector’s room, for the Purposes aforesaid, until the Surveyor
General of Our Customs shall be advised thereof, and appoint another to succeed in
such Place, and that further Directions shall be given therein by Our Commissioners
of Our Treasury, or Our High Treasurer, or by the Commissioners of Our Customs,
for the time being, which shall be first signified ; taking care that You do not, under
any Pretence of this Instruction, interfere with the Powers and Authorities given by
the Commissioners of Our Customs to the said Surveyors General, when they are able to
put the same in Execution.
28. And whereas We have stipulated, by the late Definitive Treaty of Peace concluded at Paris the iOth Day of February 1763, to grant the Liberty of the Catholick
Religion to the Inhabitants of Canada, and that We will consequently give the most
precise and most effectual Orders, that. Our new Roman Catholick Subjects in that
Province may profess the Worship of their Religion, according to the Rites of the
Romish Church, as far as the Laws of Great Britain permit ; It is therefore Our Will
and Pleasure, that you do, in all things regarding the said Inhabitants, conform with
great Exactness to the Stipulations of the said Treaty in this respect.
29. You are, as soon as possible, to summon the Inhabitants to meet together, at
such Time or Times, Place or Places, as you shall find most convenient, in order to take
the Oath of Allegiance, and make and subscribe the Declaration of Abjuration mentioned in the aforesaid Act passed in the first Year of the Reign of King George the
-birst, for the further Security of His Majesty’s Person and Government, and the Succession of the Crown in the Heirs of the late Princess Sophia, being Protestants, and for
extinguishing the Hopes of the pretended Prince of Wales, and his open and secret
Abettors ; which Oath shall be administered to them by such Person or Persons as you
shall commissionate for such Purpose ; and in case any of the said French Inhabitants
shall refuse to take the said Oath, and make and subscribe the Declaration of Abjuration, as aforesaid, You are to cause them forthwith to depart out of Our said Government.
30. And it is Our further Will and Pleasure, that all such Inhabitants, professing
the Religion of the Romish Church, do, at all such Meetings, or at such other Time or
limes as You shall think proper, and in the Manner you shall think least alarming and
inconvénient to the said Inhabitants, deliver in upon Oath an exact Account of all Arms
and Ammunition, of every Sort in their actual Possession, and so, from time to time, of
what they shall receive into their Possession, as aforesaid. »
31. You are as soon as possible to transmit to Us, by Our Commissioners for Trade
and Plantations, an exact and particular Account of the Nature and Constitution of the
m
^T^- Religious Communities of the Romish Church, their Rights, Claims, Privileges
and Property, and also the Number, Situation and Revenue of the several Churches
eretofore established in Our said Province, together with the Number of Priests or
^urates officiating in such Churches.
32. You are not to admit of any Ecclesiastical Jurisdiction of the See of Rome,
r any other foreign Ecclesiastical Jurisdiction whatsoever in the Province under your
Government.
cinl 3 3 ‘
A n d t o t h e B a d t l i a t t l i e C n u r o h o f England may be established both in PrinPtes and Practice, and that the said Inhabitants may by Degrees be induced to
.«Drace the Protestant Religion, and their Children be brought up in the Principles of
j » We do hereby declare it to be Our Intention, when the said Province shall have
Sum ^fC U r a t e ly surveyed, and divided into Townships, Districts, Precincts or Parishes,
TOcn m a n n e r as shall be hereinafter directed, all possible Encouragement shall be
140 CANADIAN ARCHIVES
6-7 EDWARD VII., A. 1907
given to the erecting Protestant Schools in the said Districts, Townships and Precincts,
by settling, appointing and allotting proper Quantities of Land for that Purpose, and
also for a Glebe and Maintenance for a Protestant Minister and Protestant SchoolMasters ; and you are to consider and report to Us, by Our Commissioners for Trade
and Plantations, by what other Means the Protestant Religion may be promoted, established and encouraged in Our Province under your Government.
34. And You are to take especial Care, that God Almighty be devoutly and duly
served throughout your Government, the Book of Common Prayer, as by Law established, read each Sunday and Holyday, and the blessed Sacrament administered according
to the Rites of the Church of England.
35. You are not to prefer any Protestant Minister to any Ecclesiastical Benefice in
the Province under your Government, without a Certificate from the Right Revet end
Eather in God the Lord Bishop of London, of his being conformable to the Doctrine
and Discipline of the Church of England, and of a good Life’and Conversation; And if
any Person hereafter preferred to a Benefice shall appear to you to give Scandal, either
by his Doctrine or Manners, you are to use the best Means for his Removal.
36. You are to give Orders forthwith, that every Orthodox Minister within your
Government be one of the Vestry in his respective Parish ; and that no Vestry be held
without him, except in case of Sickness, or, after “Notice of a Vestry summoned, he
omit to come.
37. And to the End that the Ecclesiastical Jurisdiction of the Lord Bishop of
London may take place in Our Province under your Government, as far as conveniently
may be, We do think fit, that You give all Countenance and Encouragement to the
Exercise of the same, excepting only the collating to Benefices, granting Licences for
Marriage, and Probates of Wills, which We have reserved to You, Our Governor, and
to the Commander in Chief’of Our said Province for the Time being.
38. And We do further direct, that no Schoolmaster, who shall arrive in Our said
(
Province from this Kingdom, be henceforward permitted to keep School, without the
Licence of the said Lord Bishop of London ; and that no other Person now there, or
that shall come from other Parts, shall be admitted to keep School in your Government,
without your Licence first obtained.
39. And You are to take especial Care, that a Table of Marriages, established by
the Canons of the Church of England, be hung up in all Places of pùblick Worship,
according to the Rites «f the Church of England.
40. And it is Our further Will and Pleasure, that, in order to suppress, as much
as in you lies, every Species of Vice and Immorality, You forthwith, do cause all Laws
already made against Blasphemy, Profaneness, Adultery, Fornication, Polygamy, Incest,
Profanation of the Lord’s Day, Swearing and Drunkenness, to be vigorously put in
Execution in every part of your Government ; And that you take due Care for the
Punishment of these, and every other Vice and Immorality, by Presentment upon Oath
to be made to the Temporal Courts, by the Church Wardens of the several Parishes, at
proper Times of the year to be appointed for that Purpose ; and, for the further Discouragement of Vice, and Encouragement of Virtue and good living, (that by such
Examples the Infidels may be invited and persuaded to embrace the Christian Religion,)
You are not to admit any Persons to publick Trusts and Employments in the Province
under your Government, whose Ill-Fame and Conversation may occasion Scandal.
41. And whereas it is stipulated by the aforesaid Treaty concluded at Paris the
K P Day of February 1763, that the French Inhabitants, or Others, who have been
Subjects of the Most Christian King in Canada, may retire with all Freedom and Safety
wherever they shall think proper, and may sell their Estates, provided it be to Our
Subjects, and bring away their Effects, as well as their Persons, without being restrained
in their Emigration under any Pretence whatsoever, except that of Debts, or criminal
Prosecution, and that the Time limited for the Emigration shall be fixed to the Space of
Eighteen Months, to be computed from the Day of the Exchange of the Ratifications oí
the Treaty ; You are therefore in all things to conform yourself to this Stipulation, and
to take care, that such of the French Inhabitants as intend to remove within the Time
limited, be not obstructed or impeded, provided they do not sell their Estates to Others
CONSTITUTIONAL DOCUMENTS 141
SESSIONAL PAPER No. 18
than His Majesty’s Subjects, and that, so long as they remain under your Government,
they do in all things conform theieto in like manner as Our other Subjects.
42. And it is Our further Will and Pleasure, that all and every the French Inhabitants in Our said Province, who are now possessed of Lands within the said Province, in Virtue of Grants or Concessions made before the signing of the Preliminary
Articles of Peace on the third Day of November 1763 ; do, within such limited Time
as you in your Discretion shall think fit, register the several Grants, or other Deeds or
Titles, by which they hold or claim such Lands, in the Secretary’s Office ; which said
Grants, Deeds or other Titles, shall be entered at large in the said Office, so that the
particular Quantity of Land, it’s Site and Extent, the Conditions upon which it is
granted, either as to Rents, Services, or Cultivation, may appear fully and at length.
43. And in case it shall appear, upon a strict and accurate Examination of the
said Grants and Title Deeds, to be taken in such manner as You shall think proper, that
any of the Grantees, or Persons claiming Lands under such Grants and Title Deeds,
aie in Possession of more Land than is contained within such Grants or other Concessions ; or that the Terms and Conditions, upon which the Lands were granted, hare
not been complied with, agteeable to what is stipulated in such Grants or Coneesssions ;
It is Our Will and Pleasure, that you forthwith represent the same to Us, by Our
Commissioners for Trade and Plantations, to the End that you may receive such Directions thereupon, as the Nature and Circumstances of the Case shall appear to require.
44. And whereas it is necessary, in order to the advantageous and effectual Settlement of Our said Province, that the true State of it should be fully known ; You are
therefore, as soon as conveniently may be, to cause an accurate Survey to be made of
the said Province by such able and skilful Person as is or shall be appointed for that
Service, who is to report to you in writing, for your Judgment in the Measures which
you may in general pursue for the making of Settlements, not only the Nature and
Quality of the Soil and Climate, the Rivers, Bays and Harbours, and every other Circumstance attending the natural State of it ; but also his opinion, in what manner it
may be most conveniently laid out into Counties, and to annex to his Report a Map
or such Survey, with the several Divisions proposed marked upon it : But as the Making
such Survey will be a Work of great Length, You are in the meantime to carry on
Settlements upon that Plan, which shall appear to you to be most expedient from the
best Information You can collect.
45.^ And whereas it has been found by Experience, that the settling Planters in
¿ownships hath very much redounded to their Advantage, not only with respect to the
Assistance they have been able to afford Each other in their civil Concerns, but likewise with regard to the Security they have thereby acquired against the Insults and
Incursions of neighbouring Indians, or other Enemies ; You are therefore to lay out
– r ^ s h i p s of a convenient Size and Extent in such Places, as you, in your Discretion,
shall judge most proper. And it is Our Will and Pleasure, that each Township do
consist 0f about Twenty Thousand Acres, having, as far as may be, natural Boundaries
extending up into the Country, and comprehending a necessary Part of the River of
Lawrence, where it can be conveniently had.
46.^ You are also to cause a proper Place in the most convenient Part of each
i°^,nsnip> to be marked out for building a Town sufficient to contain such a Number
•families as you vshall judge proper to sectle there, with Town and pasture Lots cons e n t to each Tenement, taking Care, that the said Town be laid out upon, or, as
ear as conveniently may be, to some navigable River, or the Sea Coast ; And you are
«so to reserve to Us proper Quantities of Land in each Township for the following
ma>0SeS’
r i z J Por erecting Portiflcat’ons, and Barracks, where necessary, or .for other
W- y L o r n a T a I Services, and more particularly for the Growth and Production of
a l «mber, if there’are any Wood-Lands fit for that Purpose.
a&ch T>’ A n d ** i s 0 u r f u r t h e r W l 1 1 a n d Pleasure, that a particular Spot, in, or as near
adía 7a 8 S Possibie> be set apart for the building a Church, and four Hundred Acres
jacent thereto allotted for the Maintenance of a Minister, and two Hundred for a
^hoolmastei-
142 CANADIAN ARCHIVES
6-7 EDWARD VII., A. 1907
48. And you are to give strict Orders to the Surveyors, whom you shall employ to
mark out the said Townships and Towns, to make Returns to you of their Surveys as
soon as possible, ‘with a particular Description of each Township, and the Nature of
the Soil within the same.
49. And You are to oblige all such Persons as shall be appointed to be Surveyors
of the said Lands in each Township, to take an Oath for the due Performance of their
Offices, and for obliging them to make exact Surveys of all Lands required to be set
out.
50. And whereas nothing can more effectually tend to the speedy settling Our said
Colony, the Security of the Property of Our Subjects, and the Advancement of Our
Revenue, than the disposing of such Lands as are Our Property upon reasonable
Terms, and the establishing a regular and proper Method of proceeding with respect
to the passing of Grants of such Land ; It is therefore Our Will and Pleasure, that all
and every Person and Persons, who shall apply to You for any Grant or Grants of
Land, shall, previous to their obtaining the same, make it appear before you in Council,
that they are in a Condition to cultivate and improve £he same, by settling thereon,
in Proportion to the Quantity of A«res desired, a sufficient Number of White Persons
and Negroes ; And in case you shall, upon a Consideration of the Circumstances of the
Person or Persons applying for such Grants, think it adviseable to pass the same, in
such Case You are to cause a Warrant to be drawn up, directed to the Surveyor General,
or other proper Officers, impowering him or them to make a faithful and exact Survey
of the Lands so petitioned for, and to return the said Warrant within six Months at
furthest from the Date thereof, with a Plot or Description of the Lands so surveyed
thereunto annexed ; Provided that you do take Care, that before any such Warrant is
issued, as aforesaid, a Docquet thereof be entered in the Auditor’s and Register’s Office :
And when the Warrant shall be returned by the said Surveyor, or other proper Officer,
the Grant shall be made out in due Form, and the Terms and Conditions required by
these Our Instructions be particularly and expressly mentioned in the respective
Grants. And it is Our Will and Pleasure, that the said Grants shall be registered
within six Months from the Date thereof in the Register’s Office there, and a Docquet
thereof be also entered in Our Auditor’s Office there, in Case such Establishment shall
take Place in Our said Province, or that, in Default thereof, such Grant shall be void ;
Copies of all which Entries shall be returned regularly, by the proper Officer, to Our
Commissioners of Our Treasury and to Our Commissioners for Trade and Plantations,
within six Months from the Date thereof.
51. And whereas great Inconveniences have arisen in many of Our Colonies in
America from the granting excessive Quantities of Land to particular Persons, who
have never cultivated or settled it, and have thereby prevented Others more industrious
from improving the same ; in order therefore to prevent the like Inconveniences for the
future, You are to take especial Care, that in all Grants to be made by you, by and
with the Advice and Consent of Our Council, to Persons applying for the same, the
Quantity be in Proportion to their Ability to cultivate ; And you are hereby directed
to observe the following Directions and Regulations in all Grants to be made by you ;
Viz*
That one hundred Acres of Land be granted to every Person being Master or
Mistress of a Family, for himself or herself, and fifty Acres for every white or black
Man, Woman or Child, of which such Person’s Family shall consist, at the actual
Time of making the Grant ; and in case any Person applying to you for Grants of
Land shall be desirous of taking up a larger Quantity than the actual Number of
Persons in his or her Family would intitle such Persons to take up ; it is Our Will and
Pleasure, and you are hereby allowed and permitted, to grant unto every such Person
or Persons, such further Quantity of Land as they may desire, not exceeding oçe
Thousand Acres over and above what they are intitled to by the Number of Persons m
their respective Families ;—Provided it shall appear to you, that they are in a Condition
and Intention to cultivate the same ; and provided also, that they do pay to tb©
Receiver of Our Quit Rents, or to such other Officer as shall be appointed to receive
the same, the Sum of five Shillings only for every fifty Acres, so granted, on the Da
y
of the Date of the Grant ;—
CONSTITUTIONAL DOCUMENTS US
SESSIONAL PAPER No. 18
That all Grantees be subject to the payment of two Shillings Sterling for every
Hundred Acres, to commence at the Expiration of two years from the Date of such
Grant, and to be paid yearly and every Year, or in Default of such payment, the Grant
is to be void ;—
That every Grantee, upon giving Proof that he or she has fulfilled the Terms and
Conditions of his or her Grant, shall be entitled to another Grant, in the Proportion
and upon the conditions abovementioned ;—
That for every Fifty Acres of Land accounted plantable, each Patentee shall be
obliged, within three years after the Date of his Patent, to clear and work three Acres
at the least, in that part of his Tract which he shall judge most convenient and advantageous ; or else ‘to clear and drain three Acres of swampy or sunken Grounds, or drain
three Acres of Mar&h, if any such be within l.he Bounds of his Grant ;—
That for every Fifty Acres of Land accounted barren, every Patentee shall be
obliged to put and keep on his Land, within three years after the Date of his Grant,
three neat Cattle ; which Number lie shall be obliged to continue on his Land, until
three Acres for every Fifty be fully cleared and improved ;—
That if any Person shall take up a Tract of Land, wherein there shall be no Part
fit for present Cultivation without manuring and improving the same, every such
Grantee shall be obliged, within three years from the Date of his Grant, to erect on
some part of his Land one good Dwelling-House, to contain at least twenty Feet in
Length, and sixteen Feet in Breadth ; and also to put on his Land the like Number
of three neat Cattle for every fifty Acres ;—
That if any Person, who shall take up any stony or rocky Grounds not fit for
planting or pasture, shall, within three years alter the passing of his Grant, begin to
employ thereon, and so continue to work, for three years then next ensuing, in digging
any Stone Quarry or other Mine, one good and able Hand for every hundred Acres of
such Tract, it shall be accounted a sufficient Cultivation and Improvement ;—
That every three Acres, which shall be cleared and worked, as aforesaid, and every
three^ Acres, which shall be cleared and drained, as aforesaid, shall be accounted a
sufficient Seating, Planting, Cultivation and Improvement, to save for ever from Forfeiture Fifty Acres of Land in any Part of the Tract contained within the same
Patent ; and the Patentee shall be at Liberty to withdraw his Stock, or to forbear
worKing in any Quarry or Mine, in Proportion to such Cultivation and Improvement,
as shall be made upon the plantable Lands, or upon the Swamps, sunken Grounds and
Marshes, which shall be included in the same Patent ;—
That when any Person, who shaH hereafter take up and patent any Lands, shall
.
a v e seated, planted and cultivated, or improved the said Land, or any part of it, accordm
g to the Directions and Conditions abovementioned, such Patentee may make Proof
th ^ k 8 e a*
i n g) Planting, Cultivation and Improvement in the general Court, or in
6
, £ u r t o f t f le County, District or Precinct, where such Lands shall lie, and have
s u i * Proof certified to the Register’s Office, and there entered with the Record of the
«aid Patent, a Copy of which shall be admitted, on any Trial, to prove the seating and
Planting of such Land ; –
4
n d lastly, in order to ascertain the true Quantity of plantable and barren Land
nfcained in e a c h G r a n t hereafter to be made within Our said Province, you are to
Ke especial Care, that, in all Surveys hereafter to be made, every Surveyor be
f S n ^ a n d enJoyned to take particular Notice, according to the best of his Judgment
of ‘t •. f^^nding, how much of the Land so surveyed is plantable, and how much
Plotf- îf .
r e n a n d u n n t for Cultivation ; and accordingly to insert in the Survey and
of La, I h Í m t 0 b e r e t u r n e d i n t o t n e Register’s Office, the true Quantity of each kind
a»deCK “v1
”
1 ifc Í S 0 u r f u r f c h e r W i U a n d Pleasure, that in all Grants of Land to be
that v. n 1
‘
M a f o r e s a i d i regard be had to the profitable and unprofitable Acres, sa
H k e w i l i ! m n t e e m a y have a proportionable Number of one Sort and the other ; asoí tliR T* t h e B r e a d t b – of each Tract of Land, to be hereafter granted, be one Third
fte Bs. v
g t h o f s u c h T r a o t > a n d t n a t t h e Len
g
fch of each Tract do not extend along
a k s o f any River, but into the main Land, that thereby the said Grantees may
144 CANADIAN ARCHIVES
6-7 EDWARD V I I , A. 1907
have each a convenient Share of what Accommodation the said River may afford for
Navigation or otherwise.
53. And whereas it hath been represented to TJs, that many Parts of the Province
under your Government are particularly adapted to the Growth and Culture of Hemp
and Flax ; I t is therefore Our, Will and Pleasure, that, in all Surveys of Land for
Settlement, the Surveyor be directed to report, whether there is any, or what Quantity
of Lands contained within such Survey, fit for the Production of Hemp and Flax ;
And You are to take particular Care to insert a Clause in every Grant of Land, where
any part thereof is fit for such Production, obliging the Grantee annually to sow a
proportionable Part of his Giant with Hemp or Flax Seed.
54. And whereas it hath been further represented to Us, that a great part of the
Country in the Neighbourhood of Lake Champlain, and between that Lake and the
River S’ Lawrence, abounds with Woods producing Trees fit for Masting for Our
Royal Navy, and other useful and necessary Timber for Naval Construction ; You are
therefore expressly directed and required to cause such Parts of the said Country, or
any other within your Government, that shall appear upon a Survey to abound with
such Trees, and shall lye convenient for Water Carriage, to be reserved to TJs, and to
use your utmost Endeavour to prevent any Waste being committed upon the said
Tracts, by punishing in due Course of Law any Persons who shall cut down or destroy
any Trees growing thereon ; and you are to consider and advise with Our Council,
whether some Regulation that shall prevent any Saw Mills whatever from being
erected within your Government, without a Licence from you, or the Commander in
Chief of Our said Province for the Time being, may not be a Means of preventing all
Waste and Destruction in such Tracts of Land as shall be reserved to TJs for the Purposes aforesaid.
55. And whereas it appears from the Representations of Our Governor of the
District of Trois Rivieres, that the Iron Works at S’ Maurice in that District are of
great Consequence to Our Service ; It is therefore Our further Will and Pleasure, that
no part of the Lands, upon which the said Iron Works were carried on, or from which
the Ore used in such Works was procured, or which shall appear to be necessary and
convenient for that Establishment, either ¿n respect to a free Passage to the River
S* Lawrence, or for producing a necessary Supply of Wood, Corn and Hay, or for
Pasture for Cattle, be granted to any private Person whatever ; and also that as large
a District of Land as conveniently may be, adjacent to and lying round the said Iron
Works, over and above what may be necessary for the above Purposes, be reserved for
Our Use, to be disposed of in such manner as We shall hereafter direct and appoint.
56. And whereas it is necessary, that all Persons who may be desirous of settling
in Our said Province, should be fully informed of the Terms and Conditions, upon
which Lands will be granted in Our said Province ; You are therefore, as soon as
possible, to cause a Publication to be made, by Proclamation or otherwise, as you in
your Discretion shall think most adviseable, of all and every the foregoing Terms, Conditions and Regulations of every kind, respecting the Grants of Lands ; in which Proclamation it may be expedient to add some short Description of the natural Advantages of the Soil, and Climate, and it’s peculiar Conveniences for Trade and Navigation ; and you are to take such Steps as you shall think proper for the publishing such
Proclamation in all the Colonies in North America.
57. And it is Our further Will and Pleasure, that all the foregoing Instructions
to you, as well as any which You may hereafter receive, relative to the Form and
Method of passing Grants of Lands, and the Terms and Conditions to be annexed to
such Grants, be entered upon Record, with the Grants themselves, for the Information
and Satisfaction of all Parties whatever, that may be concerned therein.
58. And it is Our further Will and Pleasure, that you do consider of a proper and
effectual Method of collecting, receiving and accounting for Our Quit Rents, whereby
all Frauds, Concealment, Irregularity or Neglect therein may be prevented, and
whereby the Receipt thereof may be effectually checked and controlled ; And if it shall
appear necessary to pass an Act for the more effectually ascertaining, and the mow
speedily and regularly collecting Our Quit Rents, you are to prepare the Heads of such
CONSTITUTIONAL D00ÜM3NTS 145
SESSIONAL PAPER No. 18
a Bill, as you shall think may most effectually conduce to the procuring the good Ends
proposed, and to transmit the same to Our Commissioners for Trade and Plantations,
in order to be laid before Us for Our further Directions therein.
59. And it is Our further Will and Pleasure, that the Surveyor General, or such
other Person or Persons as you shall think proper to appoint, do, once in every year or
oftener as Occasion shall require, inspect the State of all Grants of Lands made by you,
and make report thereof to you in Writing, specifying whether the Conditions therein
contained have or have not been complied with, or what Progress has been made towards fulfilling the same- ; and you are annually to transmit Copies of such Reports to
Our Commissioners for Trade and Plantations.
60. And whereas Our Province of Quebec is in part inhabited and possessed by
several Nations and Tribes of Indians, with whom it is both necessary and expedient
to cultivate and maintain a strict Friendship and good Correspondence, so that they
may be induced by Degrees, not only to be good Neighbours to Our Subjects, but
likewise themselves to become good Subjects to TJs ; You are therefore, as soon as you
conveniently can, to appoint a proper Person or Persons to assemble, and treat with the
said Indians, promising and assuring them of Protection and Friendship on Our part,
and delivering them such Presents, as shall be sent to you for that purpose.
61. And you. are to inform yourself with the greatest Exactness of the Number.
Nature and Disposition of the several Bodies or Tribes of Indians, of the manner of
their Lives, and the Rules and Constitutions, by which they are governed or regulated.
And You are upon no Account to molest or disturb them in the Possession of such
Parts of the said Province, as they at present occupy or possess ; but to use the best
means You can for conciliating their AffectioSs, and uniting them to Our Government,
reporting to Us, by Our Commissioners for Trade and Plantations, whatever Information
you can collect with respect to these People, and the whole of your Proceedings with
them.
62. Whereas We have, by Our Proclamation dated the seventh day of October in
the Third year of Our Reign, strictly forbid, on pain of Our Displeasure, all Our Subjects
from making any Purchases or Settlements whatever, or taking Possession of any of the
Lands reserved to the several Nations of Indians, with whom We are connected, and
who live under Our Protection, without Our especial Leave for that Purpose first
obtained ; It is Our express Will and Pleasure, that you take the most effectual Care
that Our Royal Directions herein be punctually complied with, and that the Trade with
such of the said Indians as depend upon your Government be carried on in the Manner,
and under the Regulations prescribed in Our said Proclamation.
63. You are to use your best Endeavours in improving the Trade of those Parts,
by settling such Orders and Regulations therein, with the Advice of Our said Council,
as may be most acceptable to the Generality of the Inhabitants. And it is Our express
Will and Pleasure, that vou do not, upon any Pretence whatever, upon pain of Our
highest Displeasure, give your Assent to any Law or Laws for setting up any Manufactures and carrying on any Trades, which are hurtful anxî prejudicial to this Kingdom ;
and that You do use your utmost Endeavours to discourage, discountenance and restrain
any Attempts which may be made to set up such Manufactures, or establish any such
Trades.
64. Whereas by the 5th and 6th Articles of the Treaty of Peace and Neutrality
l”fiSfi’merica’
X c o n o l u d 6 d between England and France the 6t]1-16 Day of November
i 00b the Subjects and Inhabitants of each Kingdom are prohibited to trade and fish
M. all Places possessed, or which shall be possessed by the other in America ; and if any
nips shall be found trading contrary to the said Treaty, upon due Proof the said
nips shall be confiscated : but in case the subjects of either King shall be forced by
«y'”988 °^ ^ e a * ^ e r i Enemies, or other Necessity into the Ports of the other in America,
“V’i* ^ ^ 6
Seated with Humanity and Kindness, and may provide themselves with
ictuals, and other Things necessary for their Sustenance, and the Reparation of their
îpe, at reasonable Rates ; provided they do not break bulk, nor carry any Goods
gÍT«n in J 8
I7′?e a t y °f London, had reference only to the dominions of the two Crowns in America. It is
TS 9 Oollection de Documents Relatifs à L’Histoire de la Nouvelle-France. Vol. I, p. 372.
146 ~ CANADIAN ARQEITES
6-7 EDWARD VII., A. 1907
out of their Ships, exposing them to Sale, nor receive any Merchandize on board, under
Penalty of Confiscation of Ship and Goods ; I t is therefore Our Will and Pleasure, thab
You signify to Our Subjects under your Government the Purport aud Intent of the
abovesaid two Articles ; and that you take particular Care, that none of the French
Subjects be allowed to trade from their said Settlements to the Province under your
Government, or to fish upon the Coast thereof.
65. And it is Our Will and Pleasure, that You do not dispose of any Forfeitures
or Escheats to any Person, until the Sheriff, or other proper Officer, have made Enquiry,
by a Jury upon their Oaths, into the true Value thereof, nor until you have transmitted
to Our Commissioners of Our Treasury, and to Our Commissioners for Trade and
Plantations, a particular Account of such Forfeitures and Escheats, and the Value
thereof. And you are to take Care, that the Produce of such Forfeitures and Escheats,
in case We shall think proper to give You Directions to dispose of the same, be duly
paid to Our Treasurer or Receiver General of Our said Province, and a full Account
transmitted to Our Commissioners of Our Treasury, or Our High Treasurer for the Time
being, and to Our Commissioners for Trade and Plantations, with the Names of the
Persons to whom disposed.
66. And whereas Commissions have been granted unto several Persons in Our
respective Plantations in America for the trying of Pirates in those Parts, pursuant to
the Acts for the more effectual Suppression of Piracy ; and by a Commission already
sent to Our Province of New York, Our Governor there is impowered, together with
Others therein mentioned, to proceed accordingly in Reference to Our said Province ;
Our Will and Pleasure is, that you do use your best Endeavours to apprehend all Persons whatever who may have been gully of Piracy within your Government, or who
having committed such Crimes at other Places, may come within your Jurisdiction ;
and until We shall think proper to direct the like Commission to be established for
Our Government of Quebec, You are to send such Pirates, with what Proofs of their
Guilt You can procure or collect, to Our Governor of New York to be tried and punished
under the Authority of the Commission established for those Parts.
67. And whereas you will receive from Our Commissioners for executing the Office
of High Admiral of Great Britain and of Our Plantations, a Commission constituting
you Vice Admiral of Our said Province ; You are hereby required and directed carefully
to put into Execution the several Powers thereby granted to you.
68. Whereas great Inconveniences have happened heretofore by Merchant Ships
and other Vessels in the Plantations wearing the Colours borne by Our Ships of War,
under Pretence of Commissions granted to them by the Governors of the said Plantations, and, by trading under those Colours, not only amongst Our own Subjects^ but
also those of other Princes and States, and committing divers Irregularitys, they may
very much dishonor Our Service ; For preventing thereof You are to oblige the Commanders of all such Ships, to which you shall grant Commissions, to wear no other
Colours than such as are described in an Order of Council of the seventh of January
1730, in relation to Colours to be worn by all Ships and Vessels, except Our Ships of
War.
69. And whereas there have been great Irregularitys in the manner of granting
Commissions in the Plantations to private Ships of War, You are to govern yourself,
whenever there shall be Occasion, according to the Commissions and Instructions
granted in this Kingdom : But you are not to grant Commissions of Marque or Reprizal
against any Prince or State, or their Subjects, in Amity with TJs, to any Person
whatsoever, without Our special Command.
70. Whereas We have been informed that, during the time of War, Our Enemies
have frequently got Intelligence of the State of Our Plantations by Letters from
private Persons to their Correspondents in Great Britain, taken on board Ships coming from the Plantations, which has been of dangerous Consequence ; Our Will and
Pleasure therefore is, that you signify to all Merchants, Planters and Others, that they
be very cautious, in time of War, whenever that shall happen, in giving any Accounts
by Letters of the public State and Condition of Our Province under your Government ;
And you are further to give Directions to all Masters of Ships, or other Persons to
whom you may entrust your Letters, that they put such Letters into a Bag, with a
CONSTITUTIOWAL DOCUMENTS W
SESSIONAL PAPER No. 18
sufficient weight to- suit the same immediately in Case of imminent danger from the
Enemy ; And you are also to let the Merchants and Planters know, how greatly it is
for their Interest that their Letters should not fall into the Hands of the Enemy, and
therefore that they should give like Orders to Masters of Ships in relation to their
Letters ; And you are further to advise all Masters of Ships, that they do sink all
Letters, in case of Danger, in the Manner before mentioned.
71. And whereas, in Time of War, the Merchants and Planters in Our Plantations in America did correspond and trade with Our Enemies, and carry Intelligence
to them, to the great Prejudice and Hazard of Our said Plantations ; You are therefore by all possible Methods to endeavour to hinder such Trade and Correspondence in
Time of War.
72. And You are to report to Us, by Our Commissioners for Trade and Plantations,—
What is the Nature of the Soil and Climate of the Province under your Government. If it differs in these Circumstances from Our other Northern Colonies, in what
that Difference consists % And what beneficial Articles of Commerce the different
Parts of it are capable of producing 1
What Rivers there are, and of what Extent and Convenience to the Planters 1
What are the principal Harbours ; how situated, of what Extent ; and what is
the Depth of Water, and Nature of the Anchorage in each of them 1
What Quantity of Land is now under actual Improvement and Settlement? What
are the chief Articles of Produce and Culture ; the annual Amount of the Quantity
of each; and upon what Terms and Conditions the Inhabitants hold their Lands,
either of Cultivation, Rent, or Personal Service 1
What is the Quantity, Nature and Property of the Land uncultivated ; how much
of it is capable of Culture ; and what part thereof is private Property ?
What is the Number of Inhabitants, Whites and Blacks, distinguishing each ?
What Number of the Former is capable of bearing Arms, and what Number of the
Latter is annually necessary to be supply’d’in proportion to the Land cultivated 1
What was the Nature, Form and Constitution of the Civil Government; what
Judicatures were there established, and under what Regulations did the French Inhabitants carry on their Commerce1
!
73. You are from time to time to send unto Us, by Our Commissioners for Trade
and Plantations, as aforesaid, an Account of the Increase and Decrease of the Inhabitants, Whites and Blacks, and also an Account of all Persons born, christened and
buried.
74. Whereas it is absolutely necessary, that We be exactly informed of the State
of Defence of all Our Plantations in America, as well in relation to the Stores of War
that are in each Plantation, as to the Forts and Fortifications there ; and what more
fflay be necessary to be built for the Defence and Security of the same ; You are as
soon as possible to prepare an Account thereof with relation to Our said Province
ia the most particular manner ; And You are therein to express the present State of
phe Arms, Ammunition and other Stores of War, belonging to the said Province, either
ia public Magazines, or in the Hands of private Persons; together with the State of
ail Places, either already fortified, or that you judge necessary to be fortified for the
Security of Our said Province ; And you are to transmit the said Accounts to Our
Commissioners for Trade and Plantations, as also a Duplicate thereof to Our Master
general or principal Officers of Our Ordnance ; Which Accounts are to” express the
particulars of Ordnance, Carriages, Balls, Powder, and other Sorts of Arms and
Ammunition in Our public Stores, and so from time to time of what shall be s«nt
you, or bought with the public Money, and to specify the Time of the Disposal, and the
occasion thereof: And You are half yearly to transmit a general Account of the
State of the Fortifications and Warlike Stores, specify’d in the manner above mentioned. – ‘
75. You are from time to time to give an Account, what Strength your Neighbours
nave by Sea and Land, and of the Condition of their Plantations, and what Correspondence You keep with them.
18-3—10J
148 CANADIA.1! ARCHIVES
6-7 COWARD V I I , A. 1907
76. And in case of any Distress of any other of Our Plantations, You shall, upon
Application of the respective Governors thereof unto you, assist them with what Aid
the Condition and Safety of Our Province under Your Government can spare.
77. If anything shall happen, which may be of Advantage or Security to Our
Province under your Government, which is not herein, or by your Commission provided for, We do hereby allow unto you, with the Advice and Consent of Our Council,
to take Order for the present therein, giving unto 0«r Commissioners for Trade and
Plantations speedy Notice thereof, in order to be laid before Us, that you may receive
Our Ratification, if We shall approve the same r—provided always, that you do not,
by Colour of any Power or Authority hereby given you, commence or declare War
without Our Kno ^ ledge and particular Commands therein.
78. And whereas We have, by the second Article of these Our Instructions to
you, directed and appointed that your chief Residence shall be at Quebec ; you are
nevertheless frequently to visit the other parts of your Government, in order to inspect
the Management of all public Affairs, and thereby the better to take Care, that the
Government be so administered, that no disorderly Practices may grow up contrary to
Our Service and the Welfare of Our Subjects.
79. And whereas great Prejudice may happen to Our Service, and the Security
of the Province, by your Absence from those Parts, You are not, upon any Pretence
whatsoever, to come into Europe, without having first obtained Leave for so doing from
Us under Our Sign Manual and Signet, or by Our Order in Our Privy Council ; Yet
nevertheless in case of Sickness, You may go to South Carolina, or any other of Our
Southern Plantations, and there stay for such Space as the Recovery of your Health
may absolutely require.
80. And whereas We have thought fit by Our Commission to direct, that in case
of your Death or Absence, and the Death or Absence of Our Lieutenant Governors
of Montreal and Trois Rivieres, and in Case there be at that time no Person within
Our said Province, commissionated or appointed by Us to be Commander in Chief, that
the Eldest Councillor, who shall be at t”he time of your Death or Absence, or at
the Death or Absence of Our Lieutenant Governors, as aforesaid, residing within Our
said Province under your Government, shall take upon him the Administration of
Government, and execute Our said Commission and Instructions, and the several
Powers and Authorities therein directed; I t is nevertheless Our express Will and
Pleasure, that in such Case the said President shall forbear to pass any Act or Acts,
but what are immediately necessary for the. Peace and Welfare of the said Province,
without Our particular Order for that purpose; And that he shall not remove or
suspend any of the Members of Our Council, nor any Judges, Justices of the Peace,
or other Officers Civil or Military, without the Advice and Consent of at least Seven
of the Members of Our said Council, nor even then without good and sufficient Reasons
for the same, which the said President is to transmit, signed by himself and the rest
of Our said Council, to Our Commissioners for Trade and Plantations, by the first
Opportunity in order to be laid before Us.
81. And whereas We are willing in the best manner to provide for the Support of
the Government of Our Province aforesaid, of which You are Governor, by setting
apart sufficient Allowances to such as shall be Our Governor or Commander in Chief,
residing for the time being within the same; Our Will and Pleasure is, that when it
shall happen that you are absent from Our said Province, One full Moiety of the
Salary, and all Perquisites and Emoluments whatsoever, which would otherwise become
due unto You, shall, during the time of your Absence, be paid and satisfied unto Our
Commander in Chief, who shall be resident within Our ¡said Province for the Time
being ; which We do hereby order and allot unto him for his Maintenance, and for the
better Support of the Dignity of that Our Government.
8.’. And You are upon all Occasions to send unto Our Commissioners for Trade
and Plantations only, a particular Account of all your Proceedings, and of the Condition of Affairs within your Government, in order to be laid before Us : provided
nevertheless, whenever any Occurrences shall happen within your Government of such
a Nature and Importance as may require Our more immediate Directions by One of
CONSTITUTIONAL DOCUMENTS 149
SESSIONAL PAPER No. 18
Our Principal Secretaries of State, and also upon all Occasions and in all Affairs
wherein you may receive Our Orders by One of Our Principal Secretaries of State,
you shall in all such Cases transmit to Our Secretary of State only an Account of all
such Occurrences, and of your Proceedings relative to such Orders :—
G. R.
ORDINANCE ESTABLISHING CIVIL COURTS.1
An ORDINANCE, for regulating and establishing the Courts of Judicature, Justices
‘ of the Peace, Quarter-Sessions, Bailiffs, and other Matters relative to the
Distribution ,of Justice in this Province.2
Whereas it is highly expedient and necessary, for the well governing of His
Majssty’s good Subjects of the Province of Quebec, and for the speedy and impartial
Distribution of Juetice among the same, that proper Courts of Judicature, with proper
Powers and Authorities, and under proper Regulations, should be established and
appointed :
His Excellency the Governor, by and with the Advice, Consent and Assistance of
of His Majesty’s Council, and by Virtue of the Power and Authority to him given by
His Majesty’s Letters.Patent, under the Great Seal of Great-Britain, hath thought fit
to Ordain and Declare ; and his said Excellency, by and with the Advice, Cogent and
Assistance aforesaid, Doth hereby Ordain and Declare,
That a Superior Court of Judicature, or Court of King’s Bench, be established in
this Province, to sit and hold Terms in the Town of Quebec, twice in every Year, via.
One to begin on the Twenty-first Day of January, called Hillary Term, the other on the
Twenty-first Day of June, called Trinity Term.
In this Court His Majesty’s Chief-Justice3
presides, with Power and Authority to
hear and determine all criminal and civil Causes, agreeable to the Laws of England,
and to the Ordinances of this Province ; and from this Court an Appeal lies to the
Governor and Council, where the Matter in Contest is above the Value of Three Hundred Pounds Sterling ; and from the Governor and Council an Appeal lies to the King
and Council, where the Matter in Contest is of the Value of Five Hundred Pounds
Sterling or upwards, »
In all Tryals in this Court, all His Majesty’s Subjects in this Colony to be admitted
on Juries without Distinction.4
And His Majesty’s Chief-Justice, once in every Year, to hold a Court of Assize,
and General Goal-Delivery, soon after Hillary Term, at the Towns of Montrealr
‘ and
Trois-Rivières, for the more easy and convenient Distribution of Justice to His
Majesty’s Subjects in those distant Parts of the Province. •__
x
The text of this ordinance is taken from, “Ordinances, Made for the Province of Quebec, by the
I Í – K T6
? ” * and Council of the said Province, since the Establishment of the Civil Government. Quebec,
WW. This has been compared with the copy in the Canadian Archives, vol. Q 62 A, pt. 2, p. SOU.
n *2Q
TL
his a n d t h e o t h e r ordinances of the period were passed under the authority of the Proclamation of
uet. 8th, 1763, together with the Commission and Instructions given to Governor Murray. Civil Government was not formally established in Canada until Aug. 10th, 1764. This was due to the terms of the
T £ \ ° X P a r ! s>
o £ 1 0 t h “Feb., 1763, which specified that eighteen months were to be allowed for those
•Eïencn-Canadians who cared to leave the country to do so.
The first Chief Justice of Canada was William Gregory, appointed in 1764.
„,
i
Accompanying the copy of this ordinance sent to the Home Government, were certain explanatory
oDBervations, in which Governor Murray states his reasons for introducing various features. On this
raause his observation is as follows:—”As there are but Two Hundred Protestant Subjects m the
ft™ S ? ‘ the greatest part of which are disbanded Soldiers of little Property and mean Capacity, it is
“rougbt unjust to exclude the new Roman Catholic Subjects to sit upon Juries, as such exclusion would
? W t u í f u
t h e s a i d Two hundred Protestants’ perpetual Judges of the Lives and Property of not only
¿MgMy Thousand of the new Subjects, but likewise of all the Military in the Province; besides if the
R a d i a n s are not to be admitted on Juries, many will Emigrate ; This Establishment is therefore no
more than a temporary Expedient to keep Things as they are until His Majesty’s Pleasure is known on
M”» critical and difficult Point.” Q 62 A, pt. 2, p. 500.
A „;„ G o T e l » o r Murray’s observation :— ” W e find, which was not at first apprehended, that the Court of
C ^ t p r 0 S ° s e d t 0 b e h e l d a t Montreal Twice every year, will be attended with too much Expense to the
”
a n d therefore that Establishment shall be corrected.” Ibid. p. 502.
150 CANADIAN ARGBIVES
6-7 EDWARD Vil., A. 19Q7
And whereas an inferior Court of Judicature, or Court of Common-Pleas,1
is also
thought necessary and convenient, It is further Ordained and Declared, by the Authority
aforesaid, That an inferior Court of Judicature, or Court of Common-Pleas, is hereby established, with Power and Authority, to determine all Property above the
Value of Ten Pounds, with a Liberty of Appeal to either Party, to the Superior Court,
or Court of King’a-Bench, where the Matter in Contest is of the Value of Tiventy
Pounds and upwards. ,
All Tryals in this Court to be by Juries,2
if demanded by either Party ; and this
Court to sit and hold two Terms in every Year at the Town of Quebec, at the same
Time with the Superior Court, or Court of King’s-Beneh. Where the Matter in Contest
in this Court is above the Value of Three Hundred Pounds Sterling, either Party may
(if they shall think proper) appeal to the Governor and Council immediately, and from
the Governor and Council an Appeal lies to the King and Council, where the Matter
in Contest is of the Value of Five Hundred Pounds Sterling or upwards.
The Judges in this Court are to determine agreeable to Equity, having Regard
nevertheless to the Laws of England, as far as the Circumstances and present Situation
of Things will admit, until such Time as proper Ordinances for the Information of the
People can be established by the Governor an 1 Council, agreeable to the Laws of
England.
The French Laws and Customs to be allowed and admitted in all Causes in this
Court, between the Natives of this Province, where the Cause of Action arose before
the first Day of October, One Thousand Seven Hundred and Sixty four.
The first Process of this Court to be an Attachment against the Body.
An Execution to go against the Body, Lands or Goods of the Defendant.
^Canadian Advocats, Proctors, &c. may practise in this Court.
And whereas it is thought highly necessary for the Ease, Convenience and Happiness of all His Majesty’s loving Subjects, That Justices of the Peace should be appointed
for the respective Districts of this Province, with Power of determining Property of
small Value in a summary Way, It is therefore further Ordained and Declared, by
the Authority aforesaid, and full Powqr is hereby Given and Granted to any one of
His Majesty’s Justices of the Peace, within their respective Districts, to hear and
finally determine in all Causes or Matters of Property, not exceeding the Sum of Five
Pounds current Money of Quebec, and to any two Justices of the Peace, within their
respective Districts, to hear and finally determine in all Causes or Matters of Property,
not exceeding the Sum of Ten Pounds said Currency, which Decisions being within, and
not exceeding the aforesaid Limitation, shall not be liable to an Appeal ; and also full
Power is, by the Authority aforesaid, Given and Granted, to any three of said Justices of
the Peace to be a Quorum, with Power of holding Quarter-Sessions in their respective
Districts every three Months, and also to hear and determine all Causes and Matters of
Property which shall be above the Sum of Ten Pounds, and not exceeding Thirty Pounds
current Money of Quebec, with Liberty of Appeal to either Party to the Superior Court,
or Court of King’s-Bench : And it is hereby Ordered, That the aforesaid Justices of the
Peace do issue their Warrants, directed to the Captains and other Officers of the Militia
in this Province, to be by them executed, until the Provost-Marshal, legally authorised
\ Governor Murray’s observation :—” The Court of Common Pleas is only for the Canadians ; not to
admit of such a Court until they can be supposed to know something of our Laws and Methods of procuring
Justice in our Courts, would be like sending a ship to sea without a Compass ; indeed it would be more
cruel—the ship might escape, Chance might drive her into some hospitable Harbour, but the poor
Canadians could never shun the Attempts of designing Men, and the Voracity of hungry Practitioners in
the Law ; they must be undone during the First Months of their Ignorance ; if any escaped, their Affections
must be alienated and disgusted with our Government and Laws ” Tbid. p. 502.
2
Governor Murray’s observation :- ” It is necessary to Observe that the few British Traders living
here, of which not above Ten or Twelve have any fixed Property in this Province, are much dissatisfied
because we have admitted the Canadians on Juries ; the Reason is evident, their own Consequence^ is
thereby bounded. But the Practitioners in the English Law have probably put them out of Humour with
the Court of Common Pleas (which they are pleased to call unconstitutional 🙂 Ibid. p. 503. 8
Governor Murray’s observation :—” We thought it reasonable and necessary to allow Canadian
Advocates and Proctors to practice in this Court of Common Pleas only (for they are not admitted in the
. other Courts) because we have not yet got one English Barrister or Attorney who understands the French
Language.” Ibid. p. 504. See also, in connection with this and the previous note, Murray’s letter to the
Lords of Trade, Oct. 29th, 1764, p. 167 and the petition of the Quebec Traders to the King, p. 168
CONSTITUTIONAL DOCUMENTS 151
SESSIONAL PAPER No. 18
by His Majesty, shall arrive, and other inferior Officers be appointed for that Purpose ;
all Officers, Civil and Military, or other His Majesty’s loving Subjects, are hereby commanded and required to be aiding and assisting to the said Justices and Officers of
Militia in the due Execution of their Duty. And it is further Ordered and Directed,
by the Authority aforesaid, That two of the said Justices of the Peace do sit weefely in
Rotation, for the better Regulation of the Police, and other Matters and Things in the
Towns of Quebec and Montreal, and that the Names of the Justices who are to sit in
each Week, be posted up on the Door of the Session-House by the Clerk of the Peace,
two Days before their respective Days of Sitting, that all Persons may know to whom
to apply for Redress.
And whereas there are not at present a sufficient Number of Protestant Subjects,
resident in the intended District of Trois-Rivieres, qualified to be Justices of the Peace,
and to hold Quarter-Sessions, It is therefore further Ordained and Declared, by the
Authority aforesaid, That from henceforth this Province shall be divided into two
Districts, to be known and called by the Names of Quebec and Montreal, for the Time
being, and until there may be a competent Number of Persons settled at or near TroisRivieres, duly qualified to execute the Office of Justices of the Peace, and the Power of
holding such Quarter-Sessions above-mentioned, or until His Majesty’s Pleasure be
known in that Behalf ; and that the said two Districts be divided and bounded by the
River Godfrey on the South, and by the River St. Maurice on the North Side.
And whereas it is thought very expedient and necessary, for the speedy and due
Execution of the Laws, and for the Ease and Safety of His Majesty’s Subjects, That a
sufficient Number of inferior Officers should be appointed in every Parish throughout
this Province ; It is therefore Ordered, by the Authority aforesaid, That the Majority
of the Householders, in each and every Parish, do, on the Twenty-fourth Day of June,
in every Year, elect and return to the Deputy-Secretary, within fourteen Days after
such Election, six good and sufficient Men to serve as Bailiffs1
and Sub-Bailiffs in each
Parish, out of which Number the King’s Governor, or Commander in Chief for the
Time being, with the Consent of the Council, is to nominate and appoint the Persons
who are to act as Bailiffs and Sub-Bailiffs in each Parish ; and such Nomination or
Appointment is tp be notified by the Deputy-Secretary to the respective Parishes, and
also published in the QUEBEC-GAZETTE, some Time in the last Week in August in every
Year ; and the said Bailiffs and Sub-Bailiffs, so nominated as aforesaid, are to enter
upon, and begin to execute their respective Offices on the Twenty-ninth Day of
September in every Year.
No Person to be elected a second Time to the same Office, except the whole Parish
has served round, or that those who have not, are laid aside for some material Objection,
“which must be supported by Proof : But that there may never be an entire Set of new
Officers at one Time, but that those who remain may be able to instruct those who
enter into Office, one of those Persons who served as Sub-Bailiffs in each Parish, to be
elected and nominated Bailiffs of said Parish the ensuing Year.
If a Bailiff dies in his Office, the Governor, or Commander in Chief, will nominate
one of those returned by said Parish to serve as Sub-Bailiffs for the Remainder of the
Year ; and when a Sub-Bailiff happens to die in Office, the Bailiffs shall assemble the
Parish upon the next publick Feast Day insuing his Decease, who shall proceed to elect
«ad return, as aforesaid, another Sub-Bailiff.
The Election” of Bailiffs and Sub-Bailiffs for this present Year, to be on the
¿twentieth Day of October; their Names to be returned immediately after the Election:
«leir Nomination will be notified and published by the Deputy-Secretary as soon as
5J»y. be. and they shall enter upon, and begin to execute their respective Offices, on the
« r a t Day of December, but all Elections, ve mentioned and appointed for that Purpose.
V
T h e Bailiffs are to oversee the King’s High-ways and the publick Bridges, and see
« a t the same aré kept in good ânôî sufficient Bepair ; to arrest and apprehend all
^ ^ t t a l s ^ a g a i n s t whom they shall have Writs or Warrants, and to guard and conduct
‘ fe? tlJ^K™”^ M
«rray’s observation :—” We called them Bailiffs, because the Word is better understood
J- sae JNew Subjects than that of Constable.” Ibid. p. 510.
152 OAWADIAN ARCHIVES
6-7 EDWARD VII., A. 1907
them through their respective Parishes, and convey them to such Prisons or Places as
the Writ or Warrant shall direct : They are also to examine all Bodies that are exposed,
and on whom any Marks of Violence appear, in Presence of five reputable Householders
of the same Parish, whom he is hereby impowered to summons to inspect* the same, and
report in Writing the State and Circumstances thereof to the next Magistrate, that a
further Examination may be made therein if necessary ; but this to be done only where
the Coroner cannot by any Possibility attend, which in this extensive Province may
frequently happen.
Where any Disputes happen concerning the Breaking or Repairing of Fences, upon
Complaint made to the Bailiff, he shall summons the Defendant, who is to choose three
indifferent Persons, and the Plaintiff three more, and these six, the Bailiff presiding, to
decide the Dispute ; from their Sentence either Party may appeal to the QuarterSessions ; the Person found in Fault to pay One Shilling and no more, to the Person
who shall draw up the Decision.
These Bailiffs to be sworn into their Office by the next Justice of the Peace, as soon
as may be after their Nomination as aforesaid, and the said Oath to be returned to the
next Quarter-Sessions by such Jubtice.
GIVEN by His /excellency the Honorable JAMBS MURRAY, Esq ; CaptainGeneral ana Governor in Chief of the Province of QUEBEC, and Territories thereon
depending in America, Vice Admiral of the same, Governor of the Town of Quebec,
Colonel-Commandant of the Second Battalion of the Royal American Regiment, &c. &c.
In Council, at Quebec, the 17th of September, Anno, Domini, 1764, and in the Fourth
Year of the Reign of our Sovereign Lord GEORGE the ITT, by the Grace &f GOD of
Great-Britain, France, and Ireland, KING, Defender of the Faith, -^et
•
A
–
rtiole n e n o u s a Pai* été participé et nous jugeons qu’il n’a été proposé que
defi^M1
”
1 6âfc d i t d a n s cebfce ordonnance,1
que les Avocats Canadiens, nouveaux Sujets
• M. pourroient exercer, cette ordonnance nous paroit d’autant plus equitable qu’il
4 * t t f ri61 P °- U r l e S n o u v e a u x Sujets Canadiens de se servir de Personnes qu’ils enten-
« ^ ? d e qui Ils Sont entendus, avec d’autant plus de Raisons qu’il n’y a pas un Avocat
gZfr”?[1m
sçache la langue françoise, et avec lequel il ne falut un Interprette, qui ne
^ ^ ^ P r e s q u e jamais le vrai Sens de la Chose, d’ailleurs en quelques frais exorbitans
1
ï t e ordinance of Sept. 17, 1764. See p. 149.
158 CANADIAN ARCHIVES
6-7 EDWARD VII., A. 1907
ne se verraient pas constitué les Parties sans cette sage ordonnance qui fait la Tranquillité des familles.
*13. Nous avons une parfaite Oonnoissance des Articles qui en compose une Partie,
comme la Proposition d’établir des Reglemens pour la Mesure du Bois, pour le Chare-
-tiers et Voiturages de toutes espaces, le moyen d’entretenir les Rues nettes, les Places
publiques, et le quais, pour le Rammouage des Chemines à fin de prevenir les Accidents
du feu, c’est à ces seuls Articles auxquels vous avons déféré notre consentement, et notre
situation presente ne nous a pas permis d’étendre nos soins plus loins.
14. Il n’a été question de parler des Maisons de Jeu que dans une conversation
vague, et nous n’avons pas cru que l’on parla assez sérieusement pour que cela méritât
de délibérer, si on proposeroit de les dénoncer comme Maisons suspectes, et particulièrement celle du Nommé Roy, à qui aucuns de nous ne peut faire de crime de la Protection
que lui accordent ceux qu’il a le Talent de bien Servir ; au reste nous fûmes dans le cas
de dire dans la conversation qui si l’on jouoit à des Heures indues, et a des Jeux proscrits par la Police, que cette Article pourroit être representé comme pernicieux à la
jeunesse, et au Commerce, mais nous n’avons absolument eu aucune Oonnoissance que
cet Article fut dans la deliberation que nous avons signée.
15. Nous n’avons point entendu cet Article dans le Sens ou il est exposé, il s’en
faut bien nous n’ignorions point que c’etoit à la demande et a la Sollicitation de la Ville,
et pour la Sûreté d’icelle que l’ordre de porter les Lanternes avoit été obtenu, et nous
croyons qu’il est encore de la seureté de la Ville, et du bon ordre de sen servir, nous
avons même repondu dans ce Gout en francois à une lettre du Gouverneur de cette
Province, ce dernier Jour de notre Seance, sur ce qu’il proposoit d’établir des Lanternes
publiques, si le Coût n’en eut point été considerable, plusieurs de nos Confreres l’ont lu
quoique en francois et nous ont dits qu’ils repondoient dans le même sens de leur Côté
en Anglois.
Nous concevons aisément qu’à fin d’éviter la Cacafone a l’avenir, que les Jurés
Canadiens ne doivent donner leurs Sentiments qu’après la Traduction en langue francoise des Objets sur lesquels on le leur demandera.
Par la oonnoissance que nous les Ga
Jurés Canadiens nouveaux Sujets de S. M*°
avons lu en langue francoise de la Representation que nos Confreres les Anciens Sujets
grand Jurés, ait faits à la Cour de? Seance, & deux Signée, aux fins de nous exclure de
l’avantage de servir nous et les Nôtres, notre Patrie, et notre Roy ; se faisant une
Conscience de nous Croire inhabilles a Posséder aucun employ, n’y même a repousser et
combattre les Ennemies de S. Mte nous représentons la Dessus.
Que S. Mte étant instruite que tous les Sujets qui composent cette Province etoient
Catholiques les a crûs habilles en la d.’qualité a prêter le Serment de Fidélité, et capable
par cette Raison de pouvoir êtres admis a être utilles à leur Patrie de la façon dont on
les y croiroit propres, ce seroit mal penser de croire que les Canadiens Nouveaux Sujets
ne peuvent servir leur Roy, ni comme Sergent, ni comme Officiers ; ce seroit un Motif
bien humiliant, et bien décourageant pour des Sujets libres et assoissiés aux Avantages
de la Nation, et au Prerogative, ainsy que s’en est expliqué S. M. nous avons depuis
plus de six Mois des Officiers Canadiens Catholiques dans le pais d’Enhauts, et Nombre
de Volontaires pour y aides a repousser les Ennemis de la Nation1
et celui qui s’expose
librement a verser son Sang au Service de son Roy et de la Nation, ne peut il pas être
admis dans les charges ou il peut également servir la Nation et le Publique comme Jure,
des qu’il est Sujet, le 3e
de Jacques premier Chap. 5. Sec. 8 ne Regarde que les Catholiques qui pourroient veni dans le Royaume, et il n’y eut jamais de loix dans aucun
Royaume sans exception, * avoit preuve dans le tems que l’Angleterre assorieroit aux
prerogatives de la Nation une Colonie de Catholiques, si nombreuse ou si en l’avort
prévu, la loix vouloit elle en faire des esclaves, nous pensons differemenfc que nos Confreres ; et si nous étions dans l’opinion ou ils sont, nous aurions ‘assez de Confiance dans
* Some line must have been omitted here, for as it is, it is not Sense.
1
Referring to the French-Canadian troops which Governor Murray was# partially successful in raionw
under the volunteer system, for the purpose of assisting in the suppression of the Indian uprising »
Michillimakinak and elsewhere, under Pontiae. See Canadian Archives ; Bouquet Papers ; Haldiffl8,11
Papers, vols. B 2, B 6, B 9 ; also Q 2.
CONSTITUTIONAL DOCUMENTS 159
SESSIONAL PAPER No. 18
la Bonté du Roy pour croire qu’il accorderoit à tout le Nombreux peuple de cette
Colonie le délai suffisant, pour en sacrifiant- tous leurs biens, aller, Grater la Terre, dans
desespoir, ou en les regardant comme Sujets, ils pourraient mettre leur Vie, et celle de
leur Enfants à la Crie de l’injustice, ce qu’ils ne pourraient faire en restant icy, privés
des Employs, ou charges en qualités de Jurés.
La Douceur d’un Gouvernement actuel nous a fait oublier nos pertes, et nous a
attaché à S. M. et au Gouvernement* nos Confreres nous font envisager notre Etat
comme celui d’Esclaves ; les véritables et fidèles Sujets du Roy peuvent ils le devinir.
Ce qui nous fait conclure aux Protestations que nous faisons contre nos Signatures
de la deliberation du Seize du Courant, en tout ce qu’elles pourroient nous prejudicier.
fait a Quebec le 26e
Octo* 1764.
BONNEAU, PERRAULT
TAOHET, CHAEBST, AMIOT PENEY D AMONT. *
(Translation)
Charrest, Amiot, Tachet, Boisseaux, Poney, Dumont & Perrault new Subjects, Grand
Jurors in the districts of Quebec, having demanded from His Excellency in Council,the
Translation into French of two Presentments written in English in the House of the Three
Canons, all the Jurors being assembled, one of which presentments of the 16th of the
present month of October, was signed by the petitioners along with the other jurors,
and the other was signed by the jurors who were ancient subjects understanding English
alone, and having obtained the same, they consider themselves bound to declare the
part which they had taken in the articles which compose’ the first Presentment.
They begin by saying that before the Signature of this Presentment, there had
been many sessions, where’the question had been discussed by making Several Drafts of
Presentment on loose sheets, and of these the petitioners had knowledge of only a part
while many of those, with the contents of which they were acquainted, had been
modified or rejected by the Petitioners ; that a Summary certainly had been made of
all the papers, and that after it was made, it was offered to us for Signature, without
being interpreted, but was read in English only, that when it was requested by some of
us, that it should be read to us, the answer was that this summary was only a Resume
of the Drafts of the Articles which had been proposed and accepted during the late
Sessions, that time pressed for their presentation and that it was very unnecessary.
They intend therefore to set forth the part which they have had in the different Articles which compose this Presentment.
1 Article. Not only bad we no knowledge of this Article, -but we should certainly
have opposed this proposition with all our might, as being contrary to the interests of
-tus Majesty’s New Subjects in the Colony, and as being opposed to the wise ordinance of
the Governor and Council, who, seeing the necessity of establishing a Court of Justice where
toe New Subjects should be able to find a Sanctuary in which they might be judged as
frenchmen by Frenchmen, according to Ancient Customs, and in their own Tongue, has
fincebeen requested in a Petition to name the Judge of this Jurisdiction and which
9
Petitioners themselves have signed as Citizens ; for besides the convenience that it
*OTdd be to them to be judged in this Jurisdiction, they would save more than half the
2. 3. 4. Art68. We did not understand these Articles if they we>-e interpreted to
™i fnd as we are ignorant of what is going on in the different Colonies, we have
°
m
^ ^ in Propping a n y particular alterations in these Articles.
6
: V e
understand that wooden Houses and Stalls in the Market are contrary to
* ^ Policy, and are sometimes the Causes of Pires.
o. We have suggested with regard to the Quays and Dockyards that they should
allotted for the use and convenience of Trade. As to the Batteries we do not con-
«ow that they appertain to our Department.
fen ^ h a v e ke a r ( 1 t n i s Article in part, and only in connection with Sunday obser-
«ttep- But the Proposal of having a Minister to preach the Gospel in both languages
^ c e r t a i n l y not been explained to us.
160 CANADIAN ARCHIVES
6-7 EDWARD VII., A. 1907
8. We have no Knowledge that this matter has ever been brought up for Consideration.
9 & 10. These two Articles have not been explained to us, and we are not sufficiently far-seeing to pay attention to Measures which at present appear to us very
remote, owing to the hope which we entertain that no question of Taxation for this
Colony will arise.
11. We have not understood this whole Article as it is explained. We have even
demonstrated how prejudicial to the Colony, was the Proposition to diminish the Court
of Appeals, in that it would open a wide road to new lawsuits, that past cases had been
settled according to the circumstances of the Time, and that Proofs which might have
been valid for judgments then, could no longer be in existence, which would completely
change the aspect of Things ; however, accepting what we were told, that this Article
was subject to the Will of the Governor and His Council, we subscribed to it and the
S. Tachet made a note of the resorption on a loose sheet, which was left at the office,
as a Minute. Moreover we had not heard that a request for such a large reduction on
the Appeals was asked for, it having only been a question of asking for an Amendment.
12. This Article has never been communicated to us, and we imagine it was only
proposed, because it is stated in that ordinance, that Canadian Lawyers, New Subjects
of H. M. might practise. The ordinance appears to us the more equitable, in that it is
only right that the new Canadian Subjects should employ Persons whom they understand, and by whom They are understood, all the more because there is not one English
Lawyer who knows the French Language, and with whom it would not be necessary to
employ an Interpreter who would scarcely ever give the exact mganing of the Matter
in hand. And further, without this wise regulation which ensures the Tranquility of
domestic affairs would not the opposing Parties find themselves involved in exorbitant
expense ?
13. We are thoroughly familiar with the Items which form a Part of this Article,
such as the Proposal to establish Regulations for the Measuring of Wood, for Carters
and Yehicles of every description, for the best method of keeping the Streets, public
Squares, and Docks clean, and for the Sweeping of Chimneys to prevent Accidents by
fire. We have given our consent solely to these Items, and our present situation does
not allow us ,to extend our care in other directions.
14. There has been no question of discussing Gaming Houses except in desultory
conversation, and we did not suppose it had been spoken of seriously enough to mske it
worth while to consider, if it was proposed to denounce them as suspicious Houses,
especially that of the said King, to whom none of us can attribute as a crime the Protection which is grantedhim by those whom he has the Faculty of Servingso well. Besides
this we did happen to say in conversation that if they were playing at unseasonable
Hours, and at Games proscribed by the Police, then this Article might represent it as
dangerous to youth and to Trade, but we have absolutely no knowledge that this
Article was in the Presentment which we have signed.
15. We did not understand this Article in the Sense in which it is explained. 0£
course we were aware that it was at the request and Solicitation of the Town, and fot
the Safety of the same, that the order to carry Lanterns had been obtained, and we
b -lieve that it certainly would ‘conduce to the security of the Town and to good order
to carry it out. We have replied to this Efifect in French to a letter from the Governor
of this Province, on the last Day of our Session, at which time he proposed to establish
public lamps, if the Cost was not excessive. Although written in French, many of
our Fellow-members read it, and have told us that they on their side replied to the same
effect in English.
We quite realize that in order to avoid Confusion in the future, Canadian
Jurors should give their Opinions only after the Subjects on which it is asked have
been translated into the French Language.
In view of the knowledge that we, the Gd
Jurors, Canadian new Subjects of H. Mhave,—having read it in the French tongue,—of the Presentment which our confreres,
the Ancient Subjects, Grand Jurors, have made at the Court of Session, and of the t*°
Subscriptions, with the intention of excluding us from the privilege of serving ourselves
CONSTITUTIONAL DOCUMENTS 161
SESSIONAL PAPER No. 18
and Our associates, our Country and our King, pretending that they conscientiously
believe us to be incapable of holding any office or even of repulsing and fighting the
Enemies of H. Mty We make the following statement.
That H. Mty being informed that all the Subjects forming this Province were
Catholics still believed them capable as such of taking the Oath of Loyalty, and
therefore fit to be admitted to the service of their Country, in such a way as they shall
be thought qualified for. It would be shameful to believe that the Canadians, New
Subjects, cannot serve their King either as Serjeant, or Officers, it would be a most
humiliating thought, and very discouraging to free Subjects who have been admitted to
the Privileges of the Nation, and their Rights, as explained by H. M. Por more than
six Months we have had Catholic Canadian Officers in the Upper Country, and a
Number of Volunteers aiding to repulse the Enemies of the Nation ; and cannot a man
who exposes himself freely to shed his blood in the Service of his King and of the
Nation be admitted to positions where he can serve the Nation and the Public as a
Juror,” since he is a subject? The 3ra of James I. Chap. 5. Sec. 8. only refers to
Catholics who may enter the Kingdom, and as there has never been any law in any
Kingdom without some exception* was a proof that in time/England would admit
to the National rights so numerous a Colony of Catholics, or if this had been foreseen, that the Law would seek to make them slaves. We think differently from our
confreres, and even if we were of their opinion, we should have enough Confidence in
the King’s Goodness to -believe that he would grant all the Numerous people of this
Colony sufficient respite to depart, though at the sacrifice of all their possessions, and in
desperation cultivate the Ground, in some place, where being considered as Subjects,
they and their Children might lead their Lives sheltered from Injustice. This they
could never do here were they deprived of all Offices, or positions as Jurors.
The Leniency of the existing Government has made us forget our losses, and has
attached us to H. M. and to the Government; our fellow citizens make us feel oui\Condition to be that of Slaves. Can the faithful and loyal Subjects of the King be reduced
to this?
This ends the Protest that we make against the use of our Signatures on the Presentment of the Sixteenth instant, in every point in which they might be prejudicial tons. Done at Quebec the 26th October 1764.
P E R R A U L T , B O N N E A U ,
TACHET, CHAREST,
AMIOT, PENBY,
DAMONT.
ADDRESS OP F R E N C H CITIZENS TO T H E K I N G REGARDING THE
LEGAL SYSTEM.1
Au Roí.
La véritable gloire d’un Roy conquérant est de procurer aux vaincus le même bon”
neur et la même tranquilité dans leur Religion et dans la Possession de leurs biens, dont
ï~ joûissoient avant leur daffaite : Nous avons joui de cette Tranquilité pendant la
¿tterre même, elle a augmentée depuis la Paix faitte. Hé voilà comme elle nous a
^ ? ™ ^ Attachés à notre Religion, nous avons juré au pied du Sanctuaire une
délité inviolable^ Votre Majesté, nous ne nous en sommes jamais écartés, et nous
lirons d e nouveau de ne nous en jamais écarter, fussions nous par la suitte aussy mal-
«ureux que nous avons été heureux ; mais comment pourrions nous ne pas l’être, après
r * l e moignages de bonté paternelle dont Votre Majesté nous a fait assurer, que nous
«wions jamais troublés dans l’exercise de notre Religion.
u n °us a paru de même par la façon dont la Justice nous a été rendue jusqu’à préTr™*q U e intention de Sa Majesté étoit, que les Coutumes de nos Peres fussent suivies,
***•’ <» qui étoit fait avant la Conquête du Canada, et qu'on les suivit à l'avenir, autant 2!*_2^iieaeroit point contraire aux Loix d'Angleterre et au bien général. * 57^1 i- —' •—— • • •—'—" *• £ • must have been omitted here, for as it is, it is not sense. 18^3Ü] f eB ; B 8' P-121 - 162 y CANADIAN ARCHIVES ' 6-7 EDWARD VII., A. 1907 Monsieur Murray, nommé Gouverneur de la Province de Quebec à la satisfaction de tous les Habitans, nous a rendu jusques à present à la Tête d'un Conseil militaire toute la Justice que nous aurions pu attendre des personnes de Loi les plus éclairés ; cela ne pouvoit être autrement ; le Désintéressement et l'Equité faisoient la Baze de leurs Jugements. Depuis quatre ans nous jouissons de la plus grande Tranquilité , Quel bouleversement vient donc nous l'enlever 1 de la part de quatre ou Cinq Persones de Loy, dont nous respectons le Caractère, mais qui n'entendent point notre Langue, et qui voudroient qu'aussitôt qu'elles ont parlé, nous puissions comprendre des Constitutions qu'elles ne nous ont point encore expliquées et aux quelles nous serons toujours prêts de nous soumettre, lorsqu'elles nous seront connues ; mais comment les Connoître, si elles ne nous sont point rendues en notre Langue ? De là, nous avons vu avec peine nos Compatriotes emprisonnés sans être entendus, et ce, à des fraix considérables, ruineux tant pour le débiteur que pour le Créancier ; nous avons vu toutes les Affaires de Famille, qui se décidoient cy-devant a peu de frais, arrêtées par des Personnes qui veulent se les attribuer, et qui ne savent ny notre Langue ni nos Coutumes et à qui on ne peut parler qu'avec des Guiñees à la Main. Nous espérons prouver à Votre Majesté avec la plus parfaite Soumission ce que nous avons lhonneur de luy avancer. Notre Gouverneur à la Tête de son Conseil a rendu un Arrêt 1 pour lEtablissement de la Justice, par lequel nous avons vu avec plaisir, que pour nous soutenir dans la Décision de nos affaire» de famille et autres, il seroit établi une Justice inférieure, où toutes les Affaires de François à François y seroient décidées ; Nous avons Vu que par un autre Arrêt,2 pour éviter les Procès, les affaires cy-devant décidées seroient sans appel, à moins qu'elles ne soient de la Valeur de trois Cents Livres. Avec la même Satisfaction que nous avons vu ces ''ages Règlements avec la même peine avons nous vu que quinze Jurés Anglois contre Sept Jurés nouveaux Sujets, leur ont fait souscrire des Griefs en une Langue quils n'entendoient point contre ces mêmes Règlements ; ce qui se prouve par leurs Protestations et par leurs Signatures qu'ils avoient données la veille sur une Requête pour demander fortement au Gouverneur et Conseil la Séance de leur Juge, attendu que leurs Affaires en souffroient. Nous avons vu dans toute l'amertume de nos Cœuis, qu'après toutes les Preuves de la Tendresse Paternelle de Votre Majesté pour ses nouveaux Sujets ces mêmes quinze Jurés soutenus par les Gens de Loy nous proscrire comme incapables d'aucunes fonctions dans notre Patrie par la difference de Religion; puisque jusqu'aux Chirurgiens et Apothicaires (fonctions libres en tout Pays) en sont du nombre. Qui sont ceux qui veulent nous faire proscrire ï Environ trente Marchands anglois, dont quinze au plus sont domiciliés, qui sont les Proscrits ? Dix mille Chefs de famille, qui ne respirent, que la soumission aux Ordres de Votre Majesté, ou de ceux qui la représentent, qui ne connoissent point cette pi étendue Liberté que l'on veut leur inspirer, de s'opposer à tous les Règlement", qui peuvent leur être avantageux, et qui ont assez d'intelligence pour Connoître que leur Intérêt particulier les conduit plus que le Bien public— En Effet que deviendroit le Bien Général de la Colon», si ceux, qui en composent le Corps principal, en devenoient des Membres inutiles par la différence de la Religion? Que deviendroit la Justice si ceux qui n'entendent point notre Langue, ny nos Coutumes, _en devenoient les Juges par le Ministère des Interprètes 1 Quelle Confusion ? Quels Frais mercenaires n'en résulteroient-ils point ? de Sujets protégés par Votre Majesté, nous deviendrons de véritables Esclaves ; une Vingtaine de Personnes, que nous n'entendons point, deviendroient les Maitres de nos Biens et de nos Intérêts, plus de Ressources pour nous dans les Personnes de Probité, aux quelles nous avions recours pour l'arrangement de nos Affaires de famille, et qui en nous abandonnant, nous forceroientnous mêmes à préférer la Terre la plus ingrate à cette fertile que nous possédons. Ce n'est point que nous ne soyons prêts de nous soumettre avec la plus respectueuse obéissance à tous les Règlements qui seront faits pour le bien et avantage de la>
i The ordinance of Sept. 17th, 1764. See p. 149.
2
The ordinance of Sept. 20th, 1764. See ” Ordinances, made for the Province of Quebec, &c.” 17W-
CONSTITUTIONAL DOCUMENTS 163
SESSIONAL PAPER No. 18
Colonie ; mais la Grace, que nous demandons, c’est que nous puissions les entendre :
Notre Gouverneur et son Conseil’nous ont fait part de ceux qui ont été rendus, ils sont
pour le Bien de la Colonie, nous en avons témoigné notre reconnoissance ; et on fait
souscrire à ceux qui nous représentent, comme un Mal, ce que nous avons trouvé pour
un Bien !
Pour ne point abuser des Moments précieux de Votre Majesté, nous finissons par
l’assurer, que sans avoir connu les Constitutions Angloises, nous avons depuis quatre
Ans goûté la douceur du Gouvernement, la goûterions encore, si Messrs les Jurés anglois
avoient autant de soumission pour les décisions sages du Gouverneur et de son Conseil,
que nous en avons ; si par des Constitutions nouvelles, qu’ils veulent introduire pour
nous rendre leurs Esclaves, ils ne cherchoient point à changer tout de suite l’ordre de la
Justice et son Administration, s’ils ne vouloient pas nous faire discuter nos Droits de
famille en Langues étrangères, et par là, nous priver des Personnes éclairées dans nos
Coutumes, qui peuvent nous entendre, nous accommoder et rendre Justice à peu de frais
•en faisant leurs Efforts pour les empêcher même de conseiller leurs Patriotes pour la
différence de Religion, ce que nous ne pouvons regarder que comme un Intérêt particulier et sordide de ceux qui ont suggéré de pareils principes.
Nous supplions Sa Majesté avec la plus sincère et la plus respectueuse soumission
de confirmer la Justice, qui a été établie pour délibération du Gouverneur et Conseil
pour les François, ainsy que les Jurés et tous autres de diverses Professions, de conserver les Notaires et Avocats dans leurs Fonctions, de nous permettre de rédiger nos
Affaires de famille en notre Langue, et de suivre nos Coutumes, tant qu’elles ne seront
point Contraires au Bien général de la Colonie, et que nous ayons en notre Langue une
Loy promulguée et dés Ordres de Votre Majesté, dont nous nous déclarons, avec le plus
inviolable Respect,x
Les plus fidèles Sujets
Amiot—Juré J. Labroix (or Lauroix)
Boreau— Juré
Perrault Che
reg1
Tachet—Juré
Charest—Juré
Perrault—Juré
Boiret P’re Supérieur du Se
minaire
Dumond, Juré
Isel Bêcher. Curé de Quebec. Bertrán (or rem)
Estesanne fils aynó Gauvereau
Gueyraud
Voyer (or Voyez)
F. Valin
Bellefaye (or Bellefincke)
Rey
Marchand
J. Lemoyne
Jean Amiot
Conefroy.
Robins
LeFebure
t u p i r á n
Rousseau
Petrimouly
Larocque
Launiere
AIxre Picard
Carpentier (or Charpeniser)
Coocherar (or eer)
Vallet
Duttock
Meux ‘Vrosseaux
H. Parent
Ferrant
Boireux
Dusseil (or Dufiel) ”
Lorrande Du Perrin
Duperrin).
Laurain
Chrétien.
P. Goyney.
Voyer (or Voyez)
Le Maitre Lamorille
Franc Ruilly
Jean Baptiste Dufour
Portneuf (or Borneuf)
L. D. Dinnire (or ere)
Thomas Lee. (or Lee)
Soulard
Parroix
Riverin
Liard fils—
F
a
Dambourgès
Messuegué
L. Dumas
Robins Fil
Redout
(or
an additional instruction* to Murray was
exact date is not given. As contained in the f™^. A P P ^ ^ t l y in consequence of these representations,
™medandsentm the latter part of 1764, although the ex
Dartmouth Papers, it appears as follows :— , ^ , „ . „
Ubi. Instructions to Murray. That the misconstruction of the proclamation of 7th October, libó,
sWn °7″d*1
”
1
that m making provision for the due and impartial administration of justice that there
«Mju extend to all ” subjects in general the protection and benefit of the British laws and constitution m
„ *u cases where their Lives and Liberties are concerned. But shall not operate to take away from
” ah M t i
v e h a b i t a n t s the Benefit of their own Laws and Customs in Oases where Titles to Land, and
” Si t h 1
A ? °-f D 8 , œ i l t ‘ Alienation and Settlement are in Question, nor to preclude them from that share
*• «i*? uAdmmistration of Judicature, which both in Reason and Justice thi
„ ! £ T J r e r e i *
o £ o u r subjects.'” — • ‘
notions a* finalb
18-3—11 J”
n*fam„u ” i v ” ” =””jt*>«>- “The “proMsed”‘*instriictions”with notes of alterations suggested. The
“””•ructionsas finally sent are in the Colonial Office. Canadian Archives, Dartmouth Papers, M. áüó, p.
iev are intitled to in Common
J. • -•–* ™he
50.
164 . . CANADIAN ARCHIVES
Ginnie
Boileau
Delerenni
Liard (or Lard)
(Dubarois or)
Dubaril, Chirurg11
Ohartier de Lotbiniere
Asime
F. Duval
Hec. Keez
Huquet
Sehindler
La Haurriong
Lerise
Panet
Endorsed. Quebec
Copy of the Adr?ss of the principal Inhabitants of Ganada to the King)
relative to the Establishment of Courts of Justice, and the Presentment of
the Grand Jury
Original sent to His Majesty.
Read Janr
r 7. 1765
(Translation.)
To THE KING.
fhe true Glory of a Yictorious King consists in assuring to the vanquished the
same happiness and the same tranquillity in their Religion and in the possession of
their property that they enjoyed before their defeat. We have enjoyed this Tranquillity even during the War, and it has increased since the establishment of Peace.
Vould that thus it had been secured to us ! Deeply attached to our religion, we
nave sworn at the foot of the altar, unalterable fidelity to Your Majesty. From it we
have never swerved and we swear anew that we never will swerve therefrom,
although we should be in the future as unfortunate as we have been Happy : but how
could we even be unhappy, after those tokens of paternal affection by which Your
Majesty has given us the assurance that we shall never be disturbed in the Practice of
our Religion.
I t has seemed to us indeed from the manner in which Justice has been administered
among us up to the present time, that it was His Majesty’s Intention that the Customs
of our Fathers should be adhered to, so that what was done before the Conquest of
Canada should be adhered to in the future in so far as it was not opposed to the Laws
of England, and to the public good.
Mr. Murray, who was appointed Governor of the Province of Quebec to the satisfaction of all its inhabitants, has up to the present time, at the head of a Military
Council administered to us all the justice that we could have expected from the most
enlightened jurists. This” could hardly have been otherwise, Disinterestedness and
. Equity being the basis of their decisions.
For four years we enjoyed the greatest tranquillity. By what sudden stroke has
it been taken away through the action of four or five jurists, whose” character we
respect, but who do not understand our language, and who expect us, as soon as they
have spoken, to comprehend legal constructions which they have not yet explained,
but to which we should always be ready to submit, as soon as we become acquainted
with them, but how can we know them, if they are not delivered to us in our own tongue 1
I t follows, that we have seen with grief our fellow citizens imprisoned without
being heard, and this at considerable expense ruinous alike to debtor and creditor ; we
have seen all the family affairs, which before were settled at slight expense, obstructed
by individuals wishing to mako them profitable to themselves, who know neither our
language nor our customs and to whom it is only possible to speak, with guineas in one’s
band.
H. Loret
Berthelot (or elole)
Arnoux.
Neuveux
Laroche
Th. Caroux
Guichass
Jacques Hervieux neg* de
Montreal
Guy de Montreal
J. Ferroux
S J* Meignot
6-7 EDWARD VII., A. 1907
Fromont
Fl. Cuynet
Gigon
Dennbefrire
Paul Marchand
Duvonuray
Sanguineer
Au. Bederd
Le C :t8 Dupré l’aisne
S. George Dupré
G
1
des Milice de Montreal
CONSTITUTIONS, tOCVMENTS 165
SESSIONAL PAPER No. 18
We hope to prove to your Majesty with all due submission the statements which
we have the honour to lay before him.
Our Governor, at the Head of his Council, has issued an ordinance for the Establishment of Courts, by which we were rejoiced to see, that to assist us in the settlement of
family and other matters, a Lower Court of Justice was to be established where all
cases between Frenchman and Frenchman could be decided. We have seen that by
another ordinance, to avoid lawsuits, cases decided by this court should be without
appeal, unless they were of the value of thiee Hundred Pounds.
In proportion to the greatness of our Joy on seeing these wise regulations, was the
distress with which we discovered that fifteen English Jurors as opposed to seven
Jurors from the new Subjects had induced the latter to subscribe to Remonstrances in
a language which they did not understand against these sime Regulations. This is
proved by their Remonstrances and Signatures of the evening before, in a Petition in
w’hich they urgently beg the Governor and his Council that their Judge may hold a
sitting as their affairs were suffering for want of it.
With deep bitterness in our hearts we have seen, that after all the proofs of Your
Majesty’s Paternal Affection for your new Subjects, these same fifteen Jurors, with the
assistance of the Lawyers have proscribed us as unfit, from differences of Religion, for
any office m our country ; even Surgeons and Apothecaries (whose professions are free
m all countries) being among the number.
Who are those who wish to have us proscribed 1 About thirty English merchants,
of whom fifteen at the most, are settled here. Who are the Proscribed 1 Ten thousand
Heads of Families who feel nothing but submission to the orders of Your Majesty, and
of those who represent you, who do not recognize as such this socalled Liberty with
which the other party desire to incite them to opposition to all the Regulations which
might be to their advantage, and who have enough intelligence to see, that these persons are guided by their own Interest rather than the public good.
And in fact what would become of the general prosperity of the Colony, if those
who form the principal section thereof, become incapable members of it through difference
of Religion 1 How would Justice be administered if those who understand neither our
Language nor our Customs should become our Judges, through the Medium of Interpreters. What confusion, what Expenditure of Mo ley would not result therefrom 1
Instead of the favoured Subjects of Your Majesty, we should become veritable Slaves ;
a Score of Persons whom we do not know would become the Masters of our Property and
of our Interests ; We should have no further Redress from those equitable Men, to
whom we have been accustomed to apply for the settlement of our Family Affairs, and
who if they abandoned us, would cause us to prefer the most barren country to the
fertile land we now possess.
‘ It is not that we are not ready to submit with the most respectful obedience to all the
Regulations which may be made for the Wellbeing and Prosperity of the Colony, but
the favour which we ask is that we may be allowed to understand them. Our Governor
and his Council have instructed us concerning those which have been already issued.
They are for the good of the Colony, we have shown our Gratitude for the same, and
yet now we are made to represent as a hardship by those who are speaking in our name,
what we have found to be a benefit.
That we may not further encroach upon Your Majesty’s Precious Time, we con-
^ elude by assuring You, that without knowing the English Constitution we have during
* the past four years, enjoyed the Beneficence of the Government, and we should still
enjoy it, if Messrs the English Jurors were as submissive to the wise decisions of the
vrovernor and his Council, as we are ; if they were not seeking by new regulations, by
the introduction of which they hope to make us their slaves, to change at once the
order and administration of Justice, if they were not desirous of making us argue our
family Rights in a foreign tongue, and thereby depriving us of those Persons, who from
their knowledge of our Customs, can understand us, settle our differences, and admin- ”
Mter Justice at slight expense ; using every effort, on the plea of the difference of
Religion, to prevent them even from acting as Counsel for their fellow countrymen,
-this we can only regard as due to the base anxiety for their own interests of those who
* w e suggested such Principles.
166 CANADIAN ARCHIVES
6-7 EDWARD VII., A. 1907
We entreat Your Majesty with the deepest and most respectful submission to confirm the system of Justice which has been established for the French, by the deliberations of the Governor and Council, as also the Jurors and all others of different professions, to maintain the Notaries and advocates in the exercise of their functions, to permit us to transact our Family Affairs in our own tongue, to follow our customs, in so
far as they are not opposed to the general Wellbeing of the Colony, and ^o grant that
a Law may be published in our Language, together with the Orders of Your Majesty,
whose most faithful Subjects, we do, with the most unalterable Respect, hereby declare
Ourselves,
The most faithful Subjects
ORDINANCE OF NOY. 6
Ul 1764,1
An ORDINANCE, For quieting People in their Possessions, and fixing the Age
of Maturity.
WHEREAS it appears right and necessary, to quiet the Minds of the People, in
Hegard to their Possessions, and to remove every Doubt respecting the same, which
may any Ways tend to excite and encourage vexatious Law-Suits ; and until a Matter
of so serious and complicated a Nature, fraught with many and great Difficulties, can
be seriously considered, and such Measures therein taken, as may appear the most
likely to promote the Well-fare and Prosperity of the Province in genera], His Excellency, by and with, the Advice and Consent of His Majesty’s Council, Doth hereby
Ordain and Declare, That until the tenth Day of August next, the Tenures of Lands, in
Respect to such Grants as are prior to the Cession thereof, by the definitive Treaty of
Peace, signed at Paris the tenth Day of February, One Thousand Seven Hundred and
} Sixty-three, and the Rights of Inheritance, as practised before that Period, in such
Lands or Effects, of any Nature whatsoever, according to the Custom of this Country,
, shall remain to all Intents and Purposes the same, unless they shall be altered by some
declared and positive Law ; for which Purpose the present Ordinance shall serve as a
Guide and Direction in all such Matters, to every Court of Record in this Province :
, Provided that nothing in this Ordinance contained shall extend, or be construed to
extend to the Prejudice of the Rights of the Crown, or to debar His Majesty, His Heirs
‘ or Successors from obtaining, by due Course of Law, in any of His Courts of Record in
this Province, according “to the Laws of Great-Britain, any Lands or Tenements, which
at any Time hereafter may be found to be vested in His Majesty, his Heirs or Successors, and in the Possession of any Grantee or Grantees, his, her, or their Assigns, or
such as claim under them, by Yirtue of any such Grants as aforesaid, or under Pretence
thereof, or which hereafter may be found to have become forfeited to His Majesty, by
Breach of all or any of the Conditions in such Grants respectively mentioned and con-
tained.
And be it Ordained and Declared, by the Authority aforesaid, That from and after
the first Day of January, One Thousand Seven Hundred and Sixty-five, every Person
arrived at the Age of Twenty-one compleat Years, shall be deemed for the future of
full Age and Maturity agreeable to the Laws of England, and shall be entituled to take
i full Possession from that Time of every Estate or Right to him belonging; in Consequence thereof to sue for the same, or bring to Account the Guardians, or other Persons
.’ who may have been entrusted therewith.
GIVEN by His Excellency the Honorable JAMES MURRAY, Esq; CaptainÇeneral and Governor in Chief of the Province of QUEBEC, and Territories thereon dépending in America, Vice Admiral of the same, Governor of the Town of Quebec, Colonel-
Commandant of the Second Battalion of the Royal American Regiment, ° e s i r e tl to appoint an agent in London, Mr. Cramahé was nominated for the position, in
lie¿e¿ in’A , appointment, however, was apparently not made. When civil government was estab-
»T™f. Aug-1-764, Mr. Cramahé became a member of the first Council of the Province.
Person*] KV* ter a n d t h e following petitions incidentally reveal the very strained relations, extending to
« i m » «wi ^ 1 3 8 8 ‘ which existed between Governor Murray and the British commercial element m tne
* ^ h ? j i 1 1 *
] e d to t h e Governor’s recall,
-“-ne ordinance of Sept. 17th, 1764. See p. 149.
168 ‘ CANADIAN ARCHIVES
6-7 EDWARD Vil., A. 1907
Duty to acquaint your Lordships that the first of these Men is a notorious smugler and
a Turbulent Man, the second a weak Man of Little character and the third a conceited
Boy. In short it will be impossible to do Business with any of them
(signed) J A : M U R R A Y
The Lords of Trade & Plantations
PETITION OF T H E QUEBEC TRADERS. 1
To the King’s Most Excellent Majesty
The Humble Petition of Your Majesty’s most faithful and loyal Subjects, British
Merchants and Traders in behalf of themselves and their fellow Subjects, Inhabitants
of your Majesty’s Province of Quebec
M A Y I T P L E A S E Y O D E M A J E S T Y . ^
Confident of Your Majesty’s Paternal Care and Protection extended even to the
meanest and most distant of your Subjects, We humbly crave your Majesty’s Gracious
Attention to our present Grievances and Distresses
We presume to hope that your Majesty will be pleased to attribute our approaching
your Royal Throne with disagreeable Complaints, to the Zeal and Attachment we have
to your Majesty’s Person and Government, and for the Liberties & Priviledges with
which your Majesty has indulged all your Dutifull Subjects.
Our Settlement in this Country with respect to the greatest part of us ; takes it’s
date from the Surrender of the Colony to your Majestys Arms ; Since that Time we
have much contributed to the advantage of our Mother Country, by causing an addi-
tional Increase to her Manufactures, and by a considerable Importation of them,
diligently applied ourselves to Investigate and promote the Commercial Interests of this
Province and render it flourishing
To Military Government, however oppressive and severely felt, we submitted
without murmur, hoping Time with a Civil Establishment would remedy this Evil
With Peace we trusted to enjoy the Blessings of British Liberty, and happily reap
the fruits of our Industry : but we should now despair of ever attaining those desirable
ends, had we not Your Majesty’s experienced Goodness to apply to.
The Ancient Inhabitants of the Country impoverished by the War, had little left
wherewith to purchase their common necessaries but a Paper Currency2
of very doubtfull
Value : The Indian War8
has suspended our Inland Trade for two years past, and both
these Causes united have greatly injured our Commerce.
For the redress of which we repose wholly on your Majesty, not doubting but the
Wisdom of your Majesty’s Councils will in due time put the Paper Currency into »
Course of certain and regular Payment, and the Vigour of Your Majesty’s Arms ter-
minate that War by a peace advantageous and durable.
We no less rely on your Majesty for the Redress of those Grievances we suffer from
the Measures of Government practised in this your Majesty’s Province, which are
The Dep’rivation of the open Trade declared by your Majesty’s most gracious Pro-
clamation, by the Appropriation of some of the most commodious Posts4
of the Resort oí
the Savages, under the Pretext of their being your Majesty’s private Domain.
The Enacting Ordinances Vexatious, Oppressive, unconstitutional, injurious to civil
Liberty and the Protestant Cause.
Suppressing dutifull and becoming Remonstrances of your Majesty’s Subjects
against these Ordinances in Silence and Contempt.
, . . _ . • ~ 1
Canadian Archives ; vol. B 8, p. 6. _ . 2
This papei currency was issued by the Intendants under the French Regime, and especially by ™*
last o£ them, the notorious Bigot. Its redemption by the French Government was at this time the subjec*
of special negotiations. 3
Pontiac’s Rebellion.
i
For the previous condition of these posts, see Murray’s Report of 1762, p. 42.
CONSTITUTIONAL DOCUMENTS 169
SESSIONAL PAPER No. 18
The Governor instead of acting agreeable to that confidence reposed in him by your
Majesty, in giving a favorable Reception to those of your Majesty’s Subjects, who
petition and apply to him on such important Occasions as require it, doth frequently
treat them with a Rage and Rudeness of Language and Demeanor, as dishonorable to
the Trust hë holds of your Majesty as painful to those who suffer from it.
His further adding to this by most flagrant Partialities, by fomenting Parties and
taking measures to keep your Majesty’s old and new Subjects divided from one another,
by encouraging the latter to apply for Judges of their own National Language.
His endeavouring to quash the Indictment against Claude Panet (his Agent in
this Attempt who laboured to inflame the Minds of the People against your Majesty’s
British Subjects) found by a very Worthy Grand Inquest, and causing their other judicious and honest Presentments to be answered from the Bench with a Contemptuous
Ridicule.
This discountenancing the Protestant Religion by almost a Total Neglect of
Attendance upon the Service of the Church, leaving the Protestants to this Day destitute of a place of Worship appropriated to themselves.
The Burthen of these Grievances from Government is so much the more severely
felt, because of the natural Poverty of the Country ; the Products of it been extremely
unequal to support its Consumption of Imports.
Hence our Trade is miserably confined and distressed, so that we lye under the
utmost Necessity of the Aids and Succours of Government, as well from Our Mother
Country as that of the Province, in the Place of having to contend against Oppression,
and Restraint.
We could enumerate many more Sufferings which render the Lives of your Majesty’s Subjects, especially your Majesty’s loyal British Subjects, in the Province so very
unhappy that we must be under the Necessity of removing from it, unless timely prevented by a Removal of the present Governor.
Your Petitioners therefore most humbly pray your Majesty to take the Premises
into your gracious Consideration, and to appoint a Governor over us, acquainted with
other maxims of Government than Military only ; And for the better Security of your
Majesty’s dutiful and loyal Subjects, in the Possession and Continuance of their Rights
and Liberties, we beg leave also most humbly to petition that it may please your
Majesty, to order a House of Representatives to be chosen in this as in other your
Majesty’s Provinces ; there being a number more than Sufficient of Loyal and well
affected Protestants, exclusive of military Officers, to form a competent and respectable
House of Assembly; and your Majesty’s new Subjects, if your Majesty shall think fit,
may be allowed to elect Protestants without burdening them with such Oaths as in
their present mode of thinking they cannot conscientiously take.
_ We doubt not but the good Effects of these measures will soon appear, by the Produce becoming flourishing and your Majesty’s People in it happy. And for Your
Majesty and your Royal House your Petitioners as in Duty bound shall ever pray &ca.
Sam1
Sills John Danser.
Edwa
Harrison Ja” Jeffry.
Eleazr
Levy Ja” Johnston.
Jas
Shepherd Tho” Story.
John Watmough. Dan1
Bayne.
John Ord. John Purss.
Geo. Allsoopp. Alex1
McKenzie
Wm
Mackenzie. Geo Measam
B Comte. J n
A. Gastineau
Peter Paneuil. Ph. Payn.
Geo Pulton.
170 CANADIAN ARGUIVES
6-7 EDWARD VII., A. 1907
PETITION OP T H E LONDON MERCHANTS. 1
To the Kings most excellent Majesty.—
i
The humble Petition of your Majesty’s most dutiful Subjects, the Merchants and
others now residing in London Interested in and trading unto the Province of Canada
in North America, on behalf of themselves and others trading to and Interested in the
said Colonys by way of Supplement to the Petition hereunto annexed Intitled the
humble Petition of your Majesty’s most faithful and Loyal Subjects British Merchants
and Traders in behalf of themselves and their fellow Subjects Inhabiting your Majesty’s
Province of Quebec
M A T IT PLEASE YOUR MAJESTY,
We whose names are hereunto subscribed do most humbly certify to your Majesty
that Several of us have in our possession a Variety of Original Letters from divers of
our Friends anl correspondents now residing in Canada and whose names are not subscribed to the Address annexed which confirm the truth of the several Allegations contained in the said Address. We do verily believe the said Allegations to be true and
doubt not but in due time shall be enabled to prove the same when your Majesty in
your great wisdom shall think proper to direct.
And from the said Original Letters in our possession we do likewise believe that
the said Address would have been signed by almost all your Majesty’s British as well
as French subjects in Canada but for fear of incurring the displeasure and resentment
of such of your Majesty’s Officers and Servants as may deem themselves reflected upon
thereby.
We therefore most humbly join with our fellow Subjects of Canada in their Petition
to your Majesty and further most humbly pray.
– That the Government of tho^é your Majesty’s Dominions may be at least put upon
the same footing with the, rest of your Majesty’s American Colonies or upon any other
footing that may be thought Essential for the preservation of the Lives Liberties and
Properties of all your Majesty’s most faithfull Subjects as well as for the increase and
support of the Infant Commerce to and from that Part of the World.
And Your Petitioners as in duty bound shall ever pray. &c. &c. &c.
Capel & Osgood Hanbury, James Bond,
John Buchanan, Mildred & Roberts
David Barclay & Sons Barnards & Harrison,
Anthony Merry. Nash Eddowes & Pétrie,
Lane & Booth Webb & Sampson,
Bissons & Metcalfes, Brindleys Wright & Co
J
11 Masfen, Jn° Liotard & Giles Godin,
Crafton & Colson Gregory Olive
Walr
Jenkins & C, Neate & Pigon,
Poolev & Fletcher, Richd
Neave & Son
Wakefield Willett & Pratt. John Strettell
John Cartwright, Isidore Lynch & Co.
Mauduit Wright & C°
1
Canadian Archives ; \ol. B 8, p. 10.
CONSTITUTIONAL DOCUMENTS 171
SESSIONAL PAPER No. 18
REPORT OP ATTY. AND SOL. GEN. RE STATUS OP ROMAN CATHOLIC
SUBJECTS. 1
To the Right Honourable the Lords Commissioners for Trade and Plantations.
MAY IT PLEASE TOUR LORDSHIPS,
In Obedience to* your Lordships Commands Signifyed to me by Mr
Pownall’s Letter
of the 7 Instant, directing us to consider, and Report to your Lordships our Opinion,
whether His Majesty’s Subjects, being Roman Catholicks, and residing in the Countries,
ceded to His Majesty, in America, by the Definitive Treaty of Paris, are, or are not
subject, in those Colonies, to the incapacities, disabilities, and Penalties, to which
Roman Catholicks in this Kingdom, are subject by the Laws thereof ;
We have taken Mr
Pownall’s Letterinto our Consideration, and are humbly of Opinion,
that His Majesty’s Roman Catholick Subjects residing in the Countries, ceded to His
Majesty in America, by the Definitive Treaty of Paris, are not subject, in those
Colonies, to the Incapacities, disabilities, and Penalties, to which Roman Catholicks in
this Kingdom are subject by the Laws thereof.
All which is humbly submitted to Your Lordships Consideration
FLr
NORTON
Wm
DE GREY
Lincolns Inn “Í
10* June 1765/
Endorsed :—Copy of the Attorney and Sollicitor Generals Report
REPRESENTATION OP T H E BOARD OF TRADE, TO T H E
KING’S MOST EXCELLENT MAJESTY. 2
MAY IT PLEASE YOUR MAJESTY,
Our Predecessors in Office having in a Report to the Lords of the
Committee of Your Majesty’s most Honorable Privy Council of the 30th
of May last, submitted to their Lordships consideration, a Plan for the
Regulation of Ecclesiastical affairs in Quebec, and we having in a like
Report3
to their Lordships of this Day’s Date 8
submitted Our Opinion and
Propositions in respect to the Constitutions of Judicature, and other Civil
Establishments in that Province,3
it appears to us that their Lordships have
now before them, for their Consideration and decision, all those matters
regarding the Constitution and form of Government, both Ecclesiastical
“judicial in B. a n d Civil, *which are of the greatest Importance in the present State of that
N° i s C a n a d a Colony, and upon which the Welfare of Government and the Happiness of
Your Majesty’s Subjects there depend.
Two great and important Considerations do yet however remain to be
submitted to Your Majesty ; Viz*
First,—The Propriety of calling a General Assembly, consisting of the
Governor, the Council, and a House of Representatives, of which third
Estate the situation and Circumstances of the Colony have not hitherto
been thought to admit.
* â ^ – a n Arol>iveg, Dartmouth Papers ; M 383, p. 69. <*ft!iîariKÏ?lari A r c l"ves ; B 8, p. 12. The marginal notes refer to variations in the text in other copies V i f e ^ , i n t h e Putt1 " Record Office. 8λS*ft«« n *". r eP ° r t here referred to does not accompany this document, nor has it yet been found atioBs iTrt. character may be gathered from the recapitulation and discussion of its chief recommend- — • m the report of Yorke and De Grey. See p. 174 172 CANADIAN ARCEIYBS 6-7 EDWARD VII,, A. 1907 Secondly,—The repeated Complaints made by many of Your Majesty's * Subjects there, and hy the Principal Merchants trading to that Colony here, of Oppression and Misconduct in Your Majesty's Governor. Upon the first of these Propositions, the only Objection to which, as we conceive, must arise out of the Present State óf the Province, the Bulk of the Inhabitants of which being Rom m Catholicks cannot, under the *Resulationin-^e S u ^ a ^ ons* °^ your Majesty's Commission, be admitted as Representatives B. T. 15. in such an Assembly ; We beg leave to represent, that if the whole Province was to be divided into three Districts or Counties, of which the Cities of Quebec and Montreal, and the Town of Tro^s Rivieres were to be the Capitals, We apprehend there would be found a sufficient number of Persons in each County qualified to serve as Representatives, and in the Choice of whom- all the Inhabitants of such County might join ; seeing that we know of no Law by which Roman Catholicks, as such, are disqualified from being Electors. Such a Measure would, we submit give great Satisfaction to your Majesty's New as well as the Natural-Born Subjects ; every Object of Civil *Power in Government, to which the limited Powers* of the Governor and Council B. T. 15. cannot extend, would be fully answered ; and above all, that essential and important one, of establishing by an equal Taxation a permanent and Con- *Estatein stitutional Revenue, answering to all the exigencies of the State,* upon such Haldim an Estimate as your Majesty, shall, with the Advice of your Servants, direct °opy- to be laid before them. As to what regards the Complaints exhibited against Your Majesty's Governor, they relate to such a Variety of Circumstances and Facts, of *to in which we neither have, nor can have sufficient Information here, and do* Haldimand refer themselves so much to the General State of Publick Measures there, coPy- that we are humbly of Opinion, that it will be most advisable, as well in regard to the Publick Interest, as in Justice to all Parties, that the said Complaints should be transmitted to Your Majesty's Governor, with Directions to return to this Kingdom, in order to give Your Majesty an Account of the State of the Colony j 1 and that in the mean time a proper person should be authorized to administer Government there, under the Character and with the appointment of Lieutenant Governor Which is most humbly submitted. DARTMOUTH SOAME J E N Y N S Whitehall 2nd Sep" 1765. Signed J O H N Y O R K E J. DYSON An ORDINANCE, To alter and amend an Ordinance of His Excellency the Governor and His Majesty's Council of this Province, passed the Seventeenth Day qf September 1764.2 Whereas by an Ordinance of His Excellency the Governor and His Majesty's Council of this Province, made and passed the Seventeenth Day of September, 1764, Intitled, An Ordinance for regulating and establishing the Courts of Judicature in this Province ; His Majesty's has most graciously been pleaded to signify His Royal Will 1 On Oct. 24th, 1765, General H. S. Conway, who had succeeded the Earl of Halifax as Secretary of State for the Southern Department, July 12th, 1765, wrote to Murray that, in consequence of representations of disorders in the colony, he was to prepare to return to give an account of the Province. On April 1st of the following year he was formally recalled. He departed from Canada on the 28th of June, 1766, leaving Col. P. Aemilius Irving, President of the Council, as acting Governor until thearrhal-of Col. Guy Carleton. See Canadian Archives, Q 2, p. 464, and Q 3, pp. 14 & 173. 2 " Ordinances, made for the Province of Quebec, by the Governor and Council of the said Province, ate." Quebec, 1767. p. 72. Given also in Canadian Archives, Q 62 A 2, p. 515. CONSTITUTIONAL DOCUMENTS 173 SESSIONAL PAPER No. 18 •and Pleasure therein, by an additional Instruction1 to His said Excellency the Governor, " That the Welfare and Happiness«of His loving Subjects in this Province, " which will ever be Objects of His Royal Oare and Attention, do require that the said " Ordinance should be altered and amended in several Provisions of it, which tend to '• restrain His Canadian Subjects in those Privileges they are intituled to enjoy in com- " mon with his natural born Subjects :" And therefore it is His further Royal Will and Pleasure, That it should be declared, And by His Honour the President of His Majesty's Council, by and with the Advice, Consent and Assistance of His Majesty's Council of this Province, and by the Authority of the same, It is hereby Ordained and Declared, That all His Majesty's Subjects in the said Province of Quebec, without Distinction, are intituled to be impannelled, and to sit and act as Jurors, in all C rases civil and criminal cognizable by any of the Courts or Judicatures within the said Province. ' And for the m'ore equal and impartial Distribution of Justice, Be it further Ordained and Declared, by the Authority aforesaid, That in all civil Causes or Actions between British born Subjects and British born Subjects, the Juries in such Causes •or Actions are to be composed of British born Subjects only : And that in all Causes or Actions between Canadians and Canadians, the Juries are to be composed of Canadians only ; and that in all Causes or Actions between British born Subjects and Canadians, the Juries are to be composed of an equal Number of each, if it be required by either of the Parties in any of the abovementioned Instances. And be it further Ordained and Declared, by the Authority aforesaid, That His Majesty's Canadian Subjects shall and are hereby permitted and allowed, to practice as Barristers, Advocates, Attornies and Proctors, in all or any of the Courts within the said Province, under such Regulations as shall be prescribed by the said Courts respectively for Persons in general under those Descriptions. And be it further Ordained and Declared, by the Authority aforesaid, That this Ordinance shall continue in Force until His Majesty's Pleasure be further known herein ; and that so much of the said Ordinance of the said Seventeenth of September, 1764, as is not hereby altered and changed, shall and is hereby declared to be temporary only. GIVEN by the Honorable PATJLUS .J3MILIUS IRVING, Esq; President of His Majesty's Council, Commander in Chief of this Province, and Lieutenant-Colonel of His Majesty's Army, at the Castle of Saint Lewis, in the City of QUEBEC, this 1st Day of July, in the Sixth Year of His Majesty's Reign, and in the Tear of Our Lord One Thousand Seven Hundred and Sixty-six. P : ^ M T s . IRVING. By Order of the Commander in Chief of the Province, J A . POTTS, D.C.C. 1 The additional instruction here referred to runs as follows :—" Additional Instructions toOur. trusty and well beloved the Honorable James Murray Esquire, Our Captain General & Governor m Chief in and over Our Province of Quebec and the Territories depending thereon m America. Given at Our Court at St. James's the Day of , ,, " We having taken into Our Eoyal Consideration the Ordinance enacted & published by you, on the 17t tdayof Septr 1764 for Establishing Courts of Judicature in Our Province of Quebec; & it appearing to Us that the "Welfare and Happiness of Our loving Subjects there, which will ever be Objects pi our Oare & Attention, do require, that the said Ordinance should be altered & amended m several Provisions ot it, which tend to restrain Our Canadian Subjects in those Privileges they are entitled to enjoy m common with our Natural born Subjects ; It is therefore Our Royal Will & Pleasure, & you are hereby directed 3c required, forthwith upon the Receipt of this, our Instruction, to Enact and Publish an Ordinance, declaring that all Our Subjects m our said Province of Quebec, without Distinction, &c" The remainder• MI men m the ordinance. This instruction was approved in Council, 17th Feb., 1766. See Canadian Archives, Dartmouth Papers, M. 383. p. 152. 174 CANADIAN ARCHIYE8 6-7 EDWARD VII., A. 1907 An ORDINANCE, In Addition to an Ordinance of His EXCELLENCY the Go'-ernor and Council of this Province, of the Seventeenth of September, 1764, intituled, " An " Ordinance for regulating and establishing the Coiffrts of Judicature in this Province."1 WHEREAS it has been often complained of, That there being no more than two Terms in the Year, appointed for holding His Majesty's, Supreme-Court of Judicature, and Courts of Common Pleas within this Province, is a Delay in obtaining Justice, and a great Prejudice to publicfc Credit ; for Remedy whereof, Be it Ordained and Declared, by His Honour the President and Commander in Chief of this Province, by and with the Advice, Consent and Assistance of His Majesty's Council, and by Authority of the same. It is hereby Ordained and Declared, That a new Term is by Virtue of this Ordinance established and addtd to the two former Terms, called Hillary and Trinity Terms, which said new Term shall be called Michaelmas Term, and shall commence and be held yearly, for the Dispatch of publick Business in the said Supreme Courts and Courts of Common-Pleas respectively, on every Fifteenth Day of October, with the same Number of Return Days therein as is practised in the said two other Terms, called Hillary and Trinity Terms, ^ i t h the same Liberty of appealing from the Judgments therein to be given, and all other Rights and Privileges as is and are established by an Ordinance of His Excellency the Governor and Council of this Province, of the Seventeenth of September, 1764, Intituled, " An Ordinance for regulating and estab- " lishing the Courts of Judicature in this Province," or by any other Ordinance in Addition to or in Amendment or Explanation thereof : And all Writs and Process whatsoever hereafter to be lawfully and regularly sued out of any of the said Courts, and made returnable the first or any other Return-Day of the said Term, called Michaelmas, by this Ordinance established, are hereby declared to be good and valid. GIVEN by the Honorable PAULTJS ^EMILITJS I R V I N G , Esq ; President of His Majesty's Council, Commander in Chief of this Province, and Lieutenant-Colonel of His Majesty's Army, at the Castle of Saint Lewis, in the City of QUEBEC, this 26th Day of July, in the Sixth Year of His Majesty's Reign, and in the Tear of Our Lord One Thousand Seven Hundred and Sixty-six. P : MMIs, IR VIN G. By Order of the Commander in Chief of the Province, J A . POTTS, D.C.C. REPORT OF ATTORNEY *AND SOLICITOR G E N E R A L REGARDING T H E CIVIL GOVERNMENT OF QUEBEC.3 To The Right hoñble the Lords of the Committee of Council for Plantation affairs. M Y LORDS,—In humble obedience to your Order of the 19th of Novem' last wherein it is recited, that his Majestj having been pleased, to refer to your Lordships several memorials and Petitions from His Majesty's Subjects in Canada as well British as French, complaining of several of the Ordinances and proceedings of the Governor and Council of Quebec, and of the present Establishment of Courts of Judicature, and other Civil Constitutions ; Your Lordships had on that Day, taken the said paper into your Consideration, together with a Report3 made thereupon by the Lords Commrs for Trade and plantations dated the 2a Sept1 last and finding that the said Lords Commrs had proposed another System of Judicature to be substituted in lieu of that which is now subsisting You thought it proper to Order, That the said Memorials Petitions, and Reports (which were thereunto annèxd) should be ref err'd to Us, to consider and Report Our Opinion, and observations thereon, together with such alterations to be made in what is proposed in the said Report of the Lords Commrs for Trade and plantations, 1 " Ordinances, made for the Province of Quebec, &c." 1767. p. 79. Given also in Canadian Archives, Q. 62 A pt. 2, p. 518. 2 Canadian Archives, Dartmouth Papers, M 383, p. 170. 3 See note 3, p. 171. , ' CONSTITUTIONAL DOCUMENTS 175 SESSIONAL PAPER No. 18 and such other regulations & propositions, as we should think fitt to suggest for the forming a proper plan of Civil Government for the said province of Quebeck ; and to that end we were directed to take into our Consideration such parts of the annex't report of Governor Murray,1 upon the state of the said province as relate to the Civil Government thereof whilst the same was Annex'd to the Crown of France, And were also required to send for Lewis Cramahé2 Esq' Secretary to Governor Murray and Fowler Walker Esqr Ag nt for the said Province of Quebec, who were Order'd to attend us from time to time, to give us such further Lights and information as might be requisite for the purpose aforementioned. We have perused the several papers referr'd to us, together with the said two Reports and have also been attended by the Gentlemen named in your Order ; and upon the whole matter, beg leave humbly to submit to your Lordships such Reflections as have occurred to us in the Course of that imperfect consideration, which we have been Able at this Busy Season of the year to give to the Great subject of the Civil Government of Quebec and the propositions made by the Lords Commrs of Trade and plantations. My Lords, it is evident that Two very principal sources of the Disorders in the province have been. 1st The attempt to carry on the Administration of Justice without the aid of the natives, not merely in new forms, but totally in an unknown tongue, by which means the partys Understood Nothing of what was pleaded or determined having neither Canadian Advocates or Sollicitors to Conduct their Causes, nor Canadian jurors to give Yerdicts, even in Causes between Canadians only, Nor Judges Conversant in the French Language to declare the Law, and to pronounce Judgement ; This must cause the Real Mischiefs of Ignorance, oppression and Corruption, or else what is almost equal in Government to the mischiefs themselves, the suspicion and Imputation of them. The second and great source of disorders was the Alarm taken at the Construction pat upon his Majesty's Proclamation of Oct. 7th 1763. As if it were his Royal Intentions by his Judges and Officers in that Country, at once to abolish all the usages and Customs of Canada, with the rough hand of a Conqueror rather than with the true Spirit of a Lawful Sovereign, and not so much to extend the protection and Benefit of his English Laws to His new subjects, by securing their Lives, Liberty's and prqpertys with more certainty than in former times, as to impose new, unnecessary and arbitrary Rules, especially in the Titles to Land, and in the modes of Descent, Alienation and Settlement, which tend to confound and subvert rights, instead of supporting them. I s ' To the first of these Evils the Order made by your Lordships on the 15th of Nov1 last founded on the Report of the Lords Commrs of Trades and plantations, requiring the Govr & Commander in Chief of the province (by an additional Instruction) to Publish an Ordinance for admitting Canadian Jurors, in the several Cases therein express'd, and for permitting Canadian, Advocates, Attorneys, and Proctors, under proper regulations, provides an adequate Remedy.3 2 d To the Second Evil the Lords Commrs of Trade and plantations by their Report, have apply'd themselves with great Care, ability and Judgement, to suggest Remedys, by pointing out the defects in the late Ordinance of Septr 1764 and reforming the Constitution of Justice ; We concur with their Lordsps in the objections made to the Ordinance ; And upon the several articles of the Plan laid Down in that report, the following observations Occur to IJs, both for the Confirmation and Improvement of them. 1 st The first Article proposes a Court of Chancery consisting of the Govr a n d Council, who shall also be a Co .rt of Appeals, from whom an appeal will he to the King in Council ; By this Article the Lords of Trade very rightly mean to Invest the Gov' and Council with Two different Jurisdictions; The One as a Court of Equity, to give relief originally in that Capacity the other as a Court of Errors, to review m the second Instance the Judgements of the Court of Common Law, mentioned m the next Article. 1 See p. 40. 2 See note 2, p. 167. 3 See'Ordinance of July 1st., 1766; p. 172. 176 CANADIAN ARCHIVES 6-7 EDWARD VII., A. 1907 2 d The Second Article proposes a Superior Court of Ordinary Jurisdiction, uniting all the proper powers in Criminal and Civil Cases and matters of Revenue, in this Court, it is recommended that a Chief Justice should preside, Assisted by three puisne Judges ; These are required to be conversant in the French Language, and that one of them particularly should be knowing in the French usages. This proposition appears to us well conceive'd ; and we submit to your Lordships, whether it may not be adviseable, that they should be instructed to confer sometimes with the Canadian Lawyers most respected for Learning, Integrity and Conduct, who may prove of the greatest assistance to English Judge*. Competent Salarys for the Encouragement of Able and Worthy men seem absolutely necessary in this Establishment, with a due distinction between the Chief Justice and his Brethren. The new Judge of Vice Admiralty for America has appointments of £800 per Annum. gd rpkg 27w'rc¿ Article relates toTerms for the sitting of the Superior Court at Quebec, either according to the Terms appointed at Westminster, or as may be more convenient. This matter must be accomodated to the Seasons, Climate and convenience of the people in their Tillage and other General employments, therefore it seems proper to be left to the future Judgement of the Govr Chief Justice, and Principal servants of the Crown, entrusted with the Government of the province and ought to be fix'd by Ordinance. 4 th The Fourth Article proposes four Sessions of Assize, Oyer and Terminer, and Goal Delivery a"t Quebec, with like special Commissions, once or oftener in the year at Trois Rivieres and Montréal. We submit to your Lordships, that it may be unnecessary to lay down any particular Rules for holding/owr Sessions in the manner mentioned at Quebec ; because all Civil and Criminal Causes arising in that District may be tried at Bar in Term time, or (as the legal Expression is) in Bank By Order of the Judges, or under the General powers of the supreme Court, As to the Circuit Courts to be held once, or perhaps twice in the year (which seems better) at Trois Bivieres and Montreal, We think, that it may be proper to require that the Judges shall continue in each of those places, at the least, for a Certain Number of Days to give time and opportunity for the resort of partys and the convenient Dispatch of Business, in like manner as was done by Henry the 8th in establishing the Courts of Great Sessions for Wales, and by the Parliament in his late MajtB Reign, when the Circuit Courts were settled for Scotland. 5 a The Fifth Article recommends the Distribution of the province into three Countys or Districts, of which, Quebec; Montreal, andZVens Bivieres shall be the three Capital Towns, and that an Annual sheriff shall be named for each. We are humbly of opinion that this Distribution of the province is more natural and convenient than the plan lately followed by the Governor and Council, and it will be more agreeable to the People, as it is conformable to their Antient Division of the Country. But considering the difficulty of procuring English and protestant sheriffs, «specially at Trois Bivieres (where at present only Two persons who are half pay Officers reside thus qualified) it may deserve consideration whether such Sheriff should not serve longer than one year, till such time as the gradual increase of Inhabitants may facilitate an Annual Rotation ; or whether the Annual Sheriff of Québec may not also serve that office for Trois Bivieres This will oblige him, to appoint two Deputys or under Sheriffs, that is one for each District, And if this method be taken, the Sheriff may be made an Annual Officer, because Quebec can afford sufficient number of proper persons to supply the Rotation, and Montreal, (it is agreed) Can do the like. ga rpne gfafo Article proposes to give the Justices of Peace in the three several Districts, at their General Quarter Sessions, Power to determine finally all causes not exceeding the value of Ten pounds (the Title to Lands not being in Question) with a Jury where it exceeds Five pounds an 1 without one where it falls under that sum, it gives also to Two Justices in Petty Sessions, similar Authority in similar cases, where the value of the matter in dispute is not more than Forty Shillings. The latter Authority appears to us well proposed ; but we submit, whether it may not be better to reserve the Jurisdiction in matters exceeding that value as far as Ten pounds to be determined in Quebec, By proceeding in nature of the Civil Bill in Ireland before the CONSTITUTIONAL DOCUMENTS 177 SESSIONAL PAPER No. 18 Judges of the superior Court, or by proceeding in Nature of the summary Bench ; Actions at Barbadoes, and in like manner in the Circuit Courts at Trois Rivieres and Montreal twice in the year ; The value of Ten pounds is considerable in such a Colony and the reputation of the Justices of Peace is, as yet scarce enough establish'd for such a Jurisdiction ; Under this Article We beg leave to suggest that in the Commission of the Peace for each District it may be useful and popular and endear his Majesty's Government to his new Subjects ; if one or Two Canadians should be appointed Justices, with the others who are British, particularly if Protestants can be found fit for that Office. 7 th The seventh and last point mentioned in the Report of the Lords of Trade, on which we shall observe, is that Article, wherein they propose, that in all Cases where Bights and Claims are founded on events prior to the Conquest of Canada the several^ Courts shall be Govern'd in their proceedings, by the French usages and Customs which have heretofore prevailed in respect to such property. This proposition is undoubtedly right, as far as it goes, in respect of Cases which happen'd, antecedent to the Conquest ; but we beg leave to take Occasion from hence, to enlarge a little on this subject of the Rule of Judgement to be observed in the Courts of Quebec as it is of the greatest moment to the honor and Justice of the Crown, and to the Peace and prosperity of the Province. There is not a Maxim of the Common Law more certain than that a Conquer'd people retain their antient Customs till the Conqueror shall declare New Laws. To change at once the Laws and manners of a settled Country must be attended with hardship and Violence ; and therefore wise Conquerors having provided for the security of their Dominion, proceed gently and indulge their Conquer'd subjects in all local Customs which are in their own nature indifferent, and which have been received as rules of property or have obtained the force of Laws, It is the more material that this policy be persued in Canada ; because it is a great and antient Colony long settled and much Cultivated, by French Subjects, who now inhabit it to the number of Eighty or one hundred thousand. Therefore we are humbly of opinion, that the Judges to be employed by his Majesty in this province will answer all the ends of their trust, both as to the King and to the people, if their conduct in Judicature be modell'd by the following General Rules. 1 st First in all personal actions grounded upon Debts, promises, Contracts and Agreements, whether of a Mercantile or other nature, and upon wrongs proper to be compensated in damages, to reflect that the substantial maxims of Law and Justice are every where the same. The modes of proceeding and Trial, and perhaps in some degree also the strict Rules of Evidence may vary, but the Judges in the province of Quebec «annot materially err, either against the Laws of England, or the antient Customs of Canada ; if in such Cases they look to those substantial maxims. 2 d Secondly in all suits or Actions relating to Titles of Land, the Descent, Alienation, Settlements and incumberances of Seal property, We are humbly of opinion, that it would be oppressive to disturb without much and wise deliberation and the Aid of Laws hereafter to be enacted in the province the local Customs and Usages now prevailing there ; to introduce at one Stroke the English Law of Real Estates, with English modes of Conveyancing Rules of Descent and Construction of Deeds, must occasion infinite confusion and Injustice. British Subjects who purchase Lands there, may and ought to conform to the fix'd local Rules of Property in Canada, as they do in particular parts of the Realm, or in the other Dominions of the Crown. The English Judges sent from hence may so&n instruct themselves by the assistance of Canadian Lawyers and intelligent Persons in such Rules, and may Judge by the Customs of Canada, as your Lordbhips do in Causes from Jersey by the Oubtom of Normandy ; I t seems reasonable also, that the rules for the Distribution of personal property m Cases of Intestacy and the modes of assigning and Conveying. I t should be adhered too for the present. 3* Thirdly in all suits entertained before the Gov' and Council, as a Court of Chancery or Equity, it is obvious, that the General Rules of Law and Justice must be the same as in the other Courts, according to the subject matter of the suit with this , 18—3—12 178 CANADIAN ARCHIVES 6-7 EDWARD VII., A. 1907 difference only, t h a t t h e relief is more compleat a n d specific a n d adapted to supply t h e Defects, or allay the Rigor of those Rules. 4 t h Fourthly in Criminal Cases, whether they be Capital Offences or misdemeanors, it is highly fitting (as far as may be) t h a t t h e Laws of England be adapted in t h e Discription a n d Quality of t h e offence itself, in the manner of proceeding to charge t h e p a r t y to Bail or detain him. The Certainty, t h e Lenity of the English A d m i n i s t r a t i o n of J u s t i c e and the Benefits of this Constitution will be more peculiarly and essentially felt by his Majesty's Canadian Subjects, in matters of Crown Law, which touch t h e Life, Liberty and P r op e r t y of the Subject, t h a n in the conformity of his Courts to t h e English Rules of Real and Personal Estates. This Certainty and this L e n i t y are t h e Benefits intended by his Majesty's R o y a l proclamation, so far as concerns J u d i c a t u r e . These are Irrevocably G r a n t e d and o u g h t to be secured to his Canadian subjects, according to his Royal W o r d . For this purpose it may not be improper upon t h e appointment of a new Gov' with a new Commission revised and Consider'd b y your Lordships, to direct t h a t Governor to publish a n e x : planatory proclamation in t h e Province, to quiet the minds of t h e People as to t h e t r u e meaning of t h e Royal proclamation of Oct 1 1763 in Respect to their local Customs a n d usages, more especially in Titles of L a n d and Cases of Re a l property. ( 5*11 Fifthly in Rules of process a n d t h e Practice of the Courts. W e beg leave to suggest, t h a t it m a y be expedient to order t h e new Chief Justice, 1 with t h e assistance of the other Judges, to be appointed and t h e A t t o r n e y General 2 of Quebec to consider, and prepare a suitable Plan adapted to the Jurisdiction of the different Courts, a n d the convenience of t h e Suitors. The Forms of proceeding out to be simple easy and as summary a n d expeditious as may consist with t h e advancement of right and t h e protection of Innocen' e. useful hints may be t a k e n not only from t h e supreme Courts of Westminster, b u t from the practice of t h e Courts in Wales, and from m a n y of t h e Colony s. Some time will be necessary, before such a p i a n can be framed and experience alone can perfect it. A s soon as they shall have prepared it, t h e Governor and Council m a y enact it by an Ordinance and transmit; t h e same in t h e accustomed manner, to b e laid before his Majesty for his Royal approbation. ' All which is humbly submitted &c° C. Y O R K E W m D E G R E Y A p r i l 14"1 1766 Endorsed : — R e p o r t of t h e A t t o r n e y and Sollicitor General, relative to the Civil Government of the province of Quebec. 13a 1 M a y 1766. R e a d at t h e Committee and the Board of Trade Order'd to prepare a d r a u g h t of a n additional Instruction thereupon &c. N ° 9. 1 On Feb. Sth, 1766, an official notice from the Secretary of State was sent to Chief Justice Gregory, stating that in consequence of his conduct His Majesty had no further occasion for his services and that Mr. Wm. Hey was appointed to succeed him. On the 17th of the same month, an official notice was sent to the Governor of Quebec that Hey had been appointed to succeed Gregory as Ohref Justice^ and directing that he should be invested with the office. See Q 3, pp. 1 & 2. For Hey's Commission as Chief Justice, see p. 190. 2 On March 6th, official notice from the Secretary of State was sent to Geo. Suckling that there being no further occasion for his services as Attorney General, Mr. Francis Maseres is appointed to succeed him. On March 18th official notice was also sent to the Governor of Quebec, of the appointment of Maseres in the place of Suckling. See Q 3, pp. 3 & 4. .Of Gregory and Sucklmg Murray reported, that "our chief Judge and Attorney General are both entirely ignorant of the Language of the Natives, are needy in their Circumstances and tho' perhaps good Lawyers and Men of integrity, are ignorant of the World, consequently readier to Puzzle and create Difficultys then remove them. " Q 2, p. 378. V CONSTITUTIONAL DOCUMENTS 179 SESSIONAL PAPER No. 18 CONSIDERATIONS ON T H E E X P E D I E N C Y OP PROCURING AN ACT OP P A R L I A M E N T FOR T H E SETTLEMENT OF T H E PROVINCE OF QUEBEC (BY BARON MASERES) LONDON P R I N T E D I N T H E Y E A R MDCCLXVI. 1 The Difficulties that have arisen in the government of the province of Quebec, and which are likely still to occur in it, notwithstanding the best intentions of those who are intrusted by His Majesty with the administration of affairs there, are so many and so great that the Officers, whom His , Majesty has been pleased of late to nominate to the principal departments in that government, cannot look upon them without the greatest uneasiness and apprehension, and despair of being able to overcome them without the assistance of an act of Parliament to ground and justify their proceedings. Two nations are to be kept in peace and harmony, and moulded, as it were, into one, that are at present of opposite religions, ignorant of each others language, and inclined in their affections to different systems of laws. The bulk of the inhabitants are hitherto either French from old France, or native Canadians, that speak only the French language, being, as it is thought, about ninety thousand souls, or as the French represent it in their Memorial, ten thousand heads of families. The rest of the inhabitants are natives of Great Britain or Ireland, or of the British dominions in NorthAmerica, and are at present only about six hundred souls ; but, if the province is governed in such a manner as to give satisfaction to the inhabitants, will probably every day increase in number by the accession of new settlers for the sake of trade and planting, so that in time they may equal or exceed the number of the French. The French are almost uniformly Roman Catholics : there were only three Protestant families among them at the time of the conquest of the province ; and probably that number is not much increased among them, as no endeavours have been used for their conversion. But, what is more to be lamented, is that they are violently bigotted to the Popish religion, and look upon all Protestants with an eye ' of detestation. This unhappy circumstance has been, and is, still likely to be, a ground of enmity and disunion between the Old and new inhabitants. The French insist, not only upon a toleration of the public worship, but on a share in the administration of Justice, as jury-men and justices of the peace, and the like, and on a right, in common with the English, of being appointed to all the offices of the government. The English, on the contrary, affirm, that the laws of England made against the Papists ought to be in force there, and consequently that the native Canadians, unless they think proper to turn Protestants, ought to be excluded from all those offices and various branches of power, and in some degree they seem to be supported in this opinion by a paro of the governor's commission ; I mean that part which enables him to call and constitute a general assembly of the freeholders and planters of the province : for it is there expressly provided, that no person elected to serve in such an assembly, shall sit and vote there till he has subscribed the declaration against Popery prescribed by the statute 25. Car. 2 which would effectually exclude all the Canadians. Toleration of The grounds upon which the French demand a toleration of the Catholic Oath^r"8 " r e n g i o n J a r e partly the reasonableness of the thing itself, they being almost Religion. universally of that religion, and partly the stipulation made on that behalf 1 Francis Ma seres was appointed Attorney General of the Province of Quebec early in March 1766, though his Commission, as issued at Quebec under the authority of Governor Carieton, is dated kept. 25th, 1766. These " Considerations " were written by Maseres before he went to Quebec, and are of interest not only for the points with which they deal, but in comparison with other important papers afterWards published by him and relating to the question of the government and laws of the Province of Quebec. Representative examples of his later proposals and discussions are included m this volume. 18—3—12 J 180 CANADIAN ARCHIVES 6-7 EDWARD VII., A. 1907 in the fourth article of the definitive treaty of peace, and which is expressed in these words : " His Britannic Majesty on his side agrees fco grant the " liberty of the Catholic religion to the inhabitants of Canada ; he will " consequently give the most effectual orders that his new. Roman Catho- " lie subjects may profess the worship of their religion, according to the " rites of the Romish church, as far as the laws of Great Britain permit." These last words, " as far as the laws of Great Britain permit," render the whole stipulation in favour of this toleration very doubtful ; for it may reasonably be contended, that the laws of England do not at all permit the exercise of the Catholic religion. For in the first place, these words seem to refer to some degree of toleration of the Catholic religion, already actually subsisting in some part of the British dominions, and by virtue of the laws of Great Britain ; and if so, they convey no right to any toleration at all, because no degree of toleration is already actually allowed by the laws of Great Britain in any part of the British dominions. 2 dlJ , Supposing these words not to refer to any toleration of the Catholic religion now actually subsisting by virtue of the laws of Great Britain, but to mean only such a degree of toleration as (though it does not actually subsist in any of the British dominions by virtue of the laws of Great Britain, yet) may subsist without a breach of the laws of Great Britain, yet still there will be great reason to think that the laws of Great Britain do not permit this toleration in any degree. For in the first place, the stat. of 1 Eliz. cap. i. for restoring the supremacy in ecclesiastical matters to the Crown, expressly extends to all the Queen's future dominions, as well as to those belonging to the Crown at the time of making the act. The words of the 16tlL section are as follows : '• Be it enacted, &" that no foreign " prince, person, prelate, &? spiritual or temporal, shall at any time here- " after use or exercise any manner of power or jurisdiction, spiritual or " ecclesiastical, within this realm, or within any other your Majesty's " dominions, or countries, that now be, or hereafter shall be, bub shall be " clearly abolished out of this realm, and all other your highness's domi- " nions for ever." And in the next section, all this ecclesiastical jurisdiction or supremacy, is united and annexed for ever to the Crown. It is clear therefore that the King is, by the laws of Great Britain, supreme head of the church in the province of Quebec, as well as in England itself. Now it is the very essence of Popery, that the Pope, and not the King, is supreme in all spiritual matters. Consequently this essential article of Popery cannot, by virtue of the stipulation in the definitive treaty, be tolerated;, but all appeals to the Pope, all exercises of ecclesiastical authority in Quebec, by the Pope, or his legates, or any other person commissioned by him, all nominations to benefices, or to the bishoprick of the province, (which is a power the Pope has hitherto exercised, at least so far as to approve the bishop before he entered upon the functions of his office) must now be illegal and void. But this act goes a great deal further ; for it requires all ecclesiastical persons whatsoever,
pp. 124-151, but are given in a printed version published in 1809.
CANADIAN AROEIVMS
‘ 6-7 EDWARD VII., A. 1907
tish nation ; that consequently by the will of the conqueror is to be understood the will of the British nation, which in all matters relating to legislation is Expressed by the King and Parliament, as in all matters relating to the
executive power it is expressed by the King alone ; that therefore the
Parliament only have a power to make laws for the province of Quebec, or
to introduce any part of the laws of Great Britain there, or to delegate
such a power of making or introducing laws to any other hands, notwithstanding it may happen that in fact such a power may inadvertently have
been delegated to the governor and council of the province by a private
instruction of the King alone. For if the contrary doctrine were true, that
the King alone had the whole legislative power in the province of Quebec,
it would follow, that not only all the conquered Canadians, but all the new
English settlers there, would become slaves or subjects to an absolute and
arbitrary government, the moment they set their foot there. The King
might introduce the severest laws, and most cruel punishments, the inquisition, the rack, and the wheel, and might make all his subjects there, both
old and new, tenants at will of their lands and other property, and tax
them in any degree whensoever he thought fit. He might keep a standing
army there, without consent of Parliament, and raise money to pay them
by his own authority, and with such an army, a prince of James IPs. disposition, might oppress the liberties of the other adjoining colonies,or even
of Great Britain itself. These are dreadful consequences, but follow clearly
from such a doctrine ; for which reason the doctrine itself ought not to be
maintained. The other opinion, that the conquered people, when once
ceded to the Crown of Great Britain, are thereby admitted to be British
Subjects, and immediately intitled to participate of the liberties of other
British Subjects, and are therefore to be governed according to the rules of
the limited monarchy of Great Britain, by which the executive power is
vested solely in the King, but the power of making laws and raising taxes
in the King and Parliament, is a much safer and more reasonable opinion.
It is therefore to be wished, that an Act of Parliament might be
obtained that at once declared what laws should take place in the province
of Quebec, whether the laws of the conquered, or the laws of Great Britain,
or some of the laws of the conquered, and some of the laws of Great
Britain ; Or whether any other laws should be introduced there, more
peculiarly fitted to the circumstances of the province ; and if any, then
what laws should be so introduced : Or, if this detail be thought too
troublesome for the Parliament to enter upon, and their informations concerning the state of the province should be deemed to be as yet too imperfect to enable them to go through such a business with propriety, then it
is to be wished that an act of Parliament may be obtained, by which such
a legislative power of making laws and ordinances for the good government of the province might be delegated to the governor and council, as
has been already exercised by them by virtue of an instruction from the
King alone. By such a delegated parliamentary authority, they may
enquire into the state of the Canadian laws and customs already in force
there, and may revise them and reduce them into writing, and enact such
of them as shall be found beneficial to the province, and fit to be continued ; and may introduce such parts of the laws of England, as they shall
think to be for the advantage of the province ; and likewise as occasion
offers, make such other new laws and regulations as shall be necessary for
the good government of it : And in so doing they will have a due regard
to the heads of advice suggested by Mr. Attorney Yorke, and to such other
intimations and instructions as the government shall think proper to com
munieate to them. And lest this legislative power should be abused or
injudiciously executed by the governor and council, there might be a clause
in the act of Parliament directing them to transmit these several laws
*
CONSTITUTIONAL DOCUMENTS 183
SESSIONAL PAPER No. 18
and ordinances to the King and Privy Council in England, to be by His
Majesty in council allowed or disallowed, as his Majesty shall see cause.
Only they should be in force till disallowed, and, if not disallowed within
a certain time, as for instance two years, they should then be in force for
ever, unless repealed by act of Parliament. Laws and ordinances founded
on such a parliamentary authority will easily find obedience from the
people, which it is to be feared no others will ; and the judges of the province will carry them into execution with ten times as much spirit and
confidence as if they were doubtful of their legal validity.
Suppose a Criminal in Canada to be guilty of an offence that is capital
by the laws of England, but is not so by the laws of Canada that have
hitherto been received, (a supposition that is no way dificultas the criminal,
law of England abounds with capital offences) in what manner shall
‘ such a man be punished, unless there is a parliamentary declaration determining the punishment that shall attend his crime? Could any lesser
authority warrant the infliction of death for such a crime ? Or would any
judge chuse, though he should be sure of never being called to account for
it, to pass such a sentence without the highest authority ? But if the
punishments of crimes be settled by authority of Parliament, whether
immediately by the Parliament itself, or mediately by ordinances made by
the governor and council of the province, by virtue of a legislative authority
communicated to them by act of parliament, the judges will be under no
other difficulty what punishments to inflict upon the several criminals,
that come before them, than they are in Great Britain itself.
Some persons are of opinion, that the laws of Great Britain do at once
take place in a conquered province, without any authoritative introduction
of them, either by the King, or Parliament. But this opinion seems destitute of foundation, and is sufficiently refuted by the advice of the learned
M
r
Yorke,1
His Majesty’s attorney-general, who has advised that the Canadians should be permitted to retain their own laws, relating to inheritances
and the alienation of their real estates, which would be impossible without an
act of Parliament for that purpose, if the whole System of the laws of England did ipso facto become the law of the province upon its being conquered,
or ceded to the Crown. Indeed, the whole system of the laws of England,
taken in the gross, and without a selection, would be by no means a blessing
to the Canadians. The game-laws, the poor-laws, the fictions and subtleties
in various sorts of actions and conveyances, the niceties arising from the
doctrine of uses, and the tedious and operóse instruments founded on them,
would really be a great misfortune to them ; and from their novelty and
strangeness, would be thought to be a much greater. This doctrine therefore of the instant validity of the whole mass of the laws of England
throughout the conquered Province cannot be true. And if the whole system of those laws is not valid there, then certainly no part of them can be
so. For if they are, then who shall distinguish which of them are valid
there and which are not 1
I t may therefore be concluded, as at first, that none of the laws of England are valid in the conquered province ipso facto by virtue of the conquest, or cession, without a positive introduction there by a sufficient authority : and this sufficient authority seems, for the reasons already mentioned,
Settlement of t o b e o n lV
t a e Parliament of Great Britain.
the Revenue. The next great difficulty that calls loudly for the interposition of Parliament, is the low state of the revenue of the province of Quebec. Under
the French government this revenue amounted to about thirteen thousand
pounds per annum, but is now sunk to less than three thousand. The
cause of this is the change in the course of trade, by which means it falls
1
See Report of Yorke and de Grey on the Civil Government of Quebec, p. 174.
CANADIAN ABCHIVE8
6-7 EDWARD VU-, A. 1907
out, that those taxes which produced the principal part of the revenue, now,
though still in force, produce nothing at all. The principal of those taxes
was a duty upon French wines, which were imported there from old France
in great quantities. This single duty produced 80001. a year ; now it produces nothing, because no wines are allowed to be imported there from old
France. Nor would it be replaced by an increase of the consumption of
Spanish or Portuguese wines, supposing the tax might be construed to
extend to those wines ; for the Canadians do not like them, and will not
drink them. From a like cause, another duty which formerly made a considerable part of the public revenue, which was a duty upon French brandies
imported from old France, and French rums imported from the French
West-India Islands, now produces nothing at all. From these causes the
revenue is sunk so low that it is insufficient to defray the expence of the
civil government, though the establishment of it is so very moderate. It is
therefore become necessary, either for the treasury of England to issue a
sufficient annual Sum to make good the salaries of the several officers of the
government, or that some new tax should be imposed upon the inhabitants,
in aid of those which by reason of these accidents have failed, sufficient for
all the purposes of the government. If this latter method should be adopted,
it is presumed that the authority of Parliament will be the proper power to
have recourse to, that there maybe no colour or pretence for contesting the
legality of the taxes so imposed. This power also the Parliament may exercise, either immediately itself by imposing a tax upon the province of Quebec this very session, Before the Parliament rises, or it may delegate to the
governor and council a power to impose such taxes as they shall find necessary for the support of the government, subject, as above, to the disallowance of the King and Privy Council, in order to prevent abuses, and with
proper clauses of restriction and appropriation of the money so raised, in
order to prevent a misapplication of it, either by the Officers of the province, or at home.
If the Parliament should think proper itself to lay a tax upon the Province, information has been received’from persons well acquainted with the
state and trade of the province, that British spirits would be the commodity
that could best bear a duty, and would produce the best revenue ; that there
are annually imported into the province about 250,000 gallons of these
spirits, and that they might bear a duty of three-pence a gallon without
hurting the trade, but not more ; and this would produce about30001. a year.
The malicious and desperate enemies of an upright and popular Administration, may perhaps traduce such a measure as inconsistent with their
late indulgent conduct with respect to the other American colonies in the late
repeal of the stamp-act. But the difference of the cases is too striking to
make such a calumny in the least degree formidable. The other American
colonies have internal legislatures of their own, who have been permitted,
ever since their first establishment, to be the assessors of all their internal
taxes ; and, as they had not abused this privilege with which they
had been so long indulged, and further, as their exercising this
privilege spemed to be no way prejudicial to the mother-country,
it seemed to have been a harsh and ungracious measure in the
Parliament, by the advice of the late ministry, to revive and exert
a dormant and inherent right of taxing them ; which however the
whole Parliament, excepting a very few members of both houses, have
highly declared themselves to be pjssessed of. But the Canadians have no
such internal legislature, no such usage of taxing themselves by representatives of their own chusing. Unless therefore they have the singular
privilege of not being liable to be taxed at all, they must be liable to be
taxed either by the King alone, or by the King and Parliament ; and the
milder of these two opinions is, that they are taxable by the King and
CONSTITUTIONAL DOCUMENTS 185
SESSIONAL PAPER No. 18
Parliament. Those therefore who should promote the taxing t h e m byauthority of Parliament, would act like t h e truest friends to civil liberty,
a n d w i t h t h e same spirit of mildness a n d moderation t h a t conducted them
in t h e repeal of the stamp-act.
If it should be said, t h a t the province of Quebec ought to have an
assembly in the same manner as the other American colonies, a n d t h a t t h e
taxes ought to be imposed by t h e consent of such a n assembly, it will b e
sufficient for t h e present purpose, a n d to support t h e measure here suggested of taxing them by authority of Parliament, to answer, t h a t as y e t
no such assembly has been constituted ; a n d till an assembly is erected,
whether t h a t time be short or long, t h e safest and mildest method of imposing taxes is to do it by authority of Parliament.
Of an A s to the erecting a n assembly in t h a t province, it is a measure which
Assembly probably will not for some years to come be found expedient. If a n
assembly were now to be constituted, a n d the directions in the governor’s
commission, above alluded to, were to be observed, by which none of t h e
members elected there are to be permitted to sit and vote in the assembly
till they have subscribed t h e declaration against Popery, it would amount
to an exclusion of all t h e Canadians, t h a t is, of t h e bulk of t h e settled
inhabitants of the province—x
A n assembly so constituted, might pretend t o
be a representative of t h e people there, b u t in t r u t h it would be a representative of only the 600 new English settlers, and an i ns t r u m e n t in t h e i r
hands of domineering over t h e 90,000 French. Can such an assembly be
t h o u g h t just or expedient, or likely to produce harmony and friendship
between the two nations ? Surely i t m u s t have a contra ry effect.
On the other hand, i t m i g h t be dangerous in these early days of t h e i r
submission, to admit t h e Canadians themselves to so gre at a degree of
power. .Bigotted, as t h e y are, to the Popish religion, unacquainted with,
and hitherto prejudiced against t h e laws a n d customs of England, they
would be very unlikely for some years to come, to promote such measures, a s
should gradually introduce t h e P r o t e s t a n t religion, t h e use of t h e E n g l i s h
language, of the spirit of t h e British laws. I t is more probable t h e y would
check all such endeavours, a n d quarrel with t h e governor a n d council, or
w i t h the English members of t h e assembly, for promoting them. A d d t o
1
This question arose in a very practical form in the island of Grenada, which, together with Canada,
was transferred from France to England by the Treaty of 1763. It was referred to Attorney General
Yorke for his opinion, in 1766. The case and opinion are summarised as follows :—” Case submitted to
the Hon. O. Yorke’with regard to Grenada, where the Prench residents have taken the oaths of allegiance,
supremacy, and abjuration, but cannot make the declaration against transubstantiation. Of the 24 members composing the Assembly, they desire to have six chosen out of their own people ; and of the 12 members in Council, they desire two ; and one justice of the peace in each quarter, of which there are four ;
and they are now applying to the Administration to be indulged in these respects, In the Leeward
Islands, Barbadoes, and Jamaica, they do not admit a person to be of the Council, Assembly, or a justice
of the peace, but such as not only take the oaths of allegiance, supremacy, and abjuration (which all the
Prench at Grenada have done), but also subscribe the^ declaration against transubstantiation ; and m
Grenada they follow the same rule. The questions submitted are—
” I . ‘Can or ought the Act directing the test, made so long before the conquest of these countries,
inhabited by Roman Catholics only, to be considered as a prohibitory law, excluding every Roman Catholic from any civil office in his own country ? Or ought it to be considered as a law of Great Eritam not
extending” to conquests ? ‘
” I I . ‘ Is it in the power of the King, on any good consideration, to dispense with the test_ against
transubstantiation in his new subjects in these conquered countries, either for ever or for any certain time ‘!
Or can this test be dispensed with by Act of Parliament only ? ‘
” Mr. Yorke’s reply is written on the blank pages of the ‘ case’ submitted to him, apparently by hU
own hand. He says that in the new conquests, ceded by the late treaty, it is matter of political judgment
whether His Majesty will require it to be taken by all persons who may become members of the Assembly
or Council, or be appointed justices of the peace ; but that the statute does not extend to them. The
treaty of peace stipulates only the free exercise and toleration of the Roman Catholic religion in the countries ceded by Prance. His Majesty is still the judge, whether he will demand the test from persons
employed in offices of trust, or in any function relating to Government, so as to exclude his new subjects
from any share in it. Prench Papists will readily enough renounce the supremacy of the Pope, and disclaim a foreign ecclesiastical jurisdiction ; but the test relates to a tenet of their religi on and worship and
thesefore cannot in conscience be taken by them. – . , , , . , „™ „„,
” It is mentioned that Canada was inhabited by 80,000 Prench Roman Catholics, and 200 or 300
English only.” Calendar of Home Office Papers ; 1766-1769, No. 403.
186 CANADIAN AM0HIYE8
6-7 EDWARD VI!., A. 1907
this, that they are almost universally ignorant of the English language, so
as to be absolutely incapable of debating in it, and consequently must, if such
an assembly were erected, carry on the business of it in the French language, which would tend to perpetuate that language, and with it their
prejudices and affections to their former masters, and postpone to a very
distant time, perhaps for ever, that coalition of the two nations, or the
melting down the French nation into the English in point of language,
affections, religion, and laws, which is so much to be wished for, and which
otherwise a generation or two may perhaps effect, if proper measures are
taken for that purpose. And further it may be observed, that the Canadians themselves do not desire an assembly, but are contented to be protected in the enjoyment of their religion, liberties, and properties, under the
administration of his Majesty’s governor and council. If, to give a proper
stability to this mode of government, it is carried on by authority of
Parliament, and is properly superintended, as no doubt it will be, by the
wisdom of his Majesty’s Privy-Council, they will think themselves extremely happy under it. The persons who most desire the immediate constitution of an assembly, are some of the six hundred English adventurers, who
probably are ambitious of displaying their parts and eloquence in the
characters of leading Assemblymen.
But if an assembly is to be constituted, even this too had better be
‘done by act of Parliament than by the King’s single authority, as it is no
less than severing from the general body of his Majesty’s dominions a particular part of them, with respect to the purposes of making laws and
imposing taxes. Could the King, if he thought proper, and a particular
county of England was to desire it of him, sever that county from the rest
of England, and no longer summon any of its members to Parliament, but
instead thereof constitute a little Parliament in that County itself, that
should make laws and lay taxes for the inhabitants of that single county ?
I t is presumed that he could not : and the erecting an assembly in a conquered province is an act of much the same nature. I t is true indeed, that
some of the American charters and assemblies owe their rise to this authority :
but this was in the reign of the Stuarts, who were fond of extending their
prerogative ; and, on account of the inconsiderableness of the colonies
at that time, these things were then unnoticed ; so that they do not prove
the strict legality of the practice. Since that time these charters have been
put in practice by the colonies, and acquiesced in by the mother-country,
and in some measure recognized in Parliament ; and this usage, acquiescence and recognition, are in truth their best support.
But if an assembly is to be constituted, in which the Catholics or Canadians are to be admitted, (as in justice and reason they ought to be, if any
assembly at all is to be erected) the authority of Parliament seems to be
still more necessary to give validity to such a measure.
For the reasons that have been just now mentioned, it seems evident,
that the measure of erecting an assembly in the province of Quebec is somewhat premature. How soon it will become expedient and proper, experience only can shew. But in the mean time, however short that time may
be, it seems necessary to have recourse to the authority of Parliament for
settling the government of the province, and removing the difficulties that
obstruct the settlement in the three great articles of Religion, Law, and
Revenue. I t is therefore the humble request of all the gentlemen who
have lately been appointed to the principal offices in the government of
Quebec, to his Majesty’s Ministers of State, that they would use their
influence and endeavours to procure such an act of Parliament as they shall
upon the whole matter think to be necessary, to remove the difficulties that
have been stated, and to enable the said gentlemen to administer the
government of that province in their several departments, with security to
themselves, and advantage to the province.
CONSTITUTIONAL DOCUMENTS 187
SESSIONAL PAPER No. 18 ‘ •
ACTING GOVERNOR I R V I N G TO T H E LORDS OF TRADE. 1
Copy. QUEBEC 20th August 1766.
M Y LOBDS,
As the Courts of Justice are now sitting, I have an opportunity to observe the
good Effects of the Additional Instruction,2
which, by assuring to the Canadians
the Priviledge of being Jurors, and of having Lawyers that can speak their own
Language, has contributed very much to quiet their minds, not a little alarmed by
the long Delay which the matters that Captain Cramahé was charged with, met with in
London. All that to me seems wanting at present, is a permanency to the inferior
•Court, and an Augmentation of the Terms of its sitting. The Slowness of the Proceedings of the Superior Court, has rendered the inferior one of great Utility to the Publick,
and the “small Fees taken in it, have prevented the people from becoming the Prey of
attornies. The Chief Difficulty that has occurred is what happens in appeals from it to
the Superior Court ; as the Proceedings are threatened to be reversed on Account of
deviation from the English Form, without entering into the merits of the Cause, or the
Reasons upon which the Judgment was founded : The Canadian Advocates must have
been inspired to have been able in so short a time to comply with Forms to which they
were all Strangers, especially as the Ordinance directing the Nature of Proceedings in
that Court has never been published, on Account of the uncertainty the Council was
in, whether His Majesty would approve of what had already been done in these Matters
or notGovernor Murray had the Honor last Summer to transmit to your Lordships a
Plan given by the Attorney General for the Administration of Justice, and agréable to
that of Halifax. It appear’d to the Council rational and Simple. I t is to be hoped
the new Chief Justice will bring over full Instructions relative to these Matters.
As there are no Protestants residing in the distant parts of the Province, who are
in any respect fit to be made Justices of the Peace, it would be very usefull, if a Latitude
could be given to increase a little the Power of the Bailliffs in these places.
Some more certain Authority to the Judges of the Inferior Court to adhere to the
Coutume de Paris in their Decisions would render the present System of administ’ring
Justice easy to the people, and a certain, though moderate, method to introduce our
Laws, as far as they are favorable to Liberty, into the Province. The Government
here, tho’ they wish to secure the People’s Possessions, and the Peace of their Families
by adhering to their Customs and Usages, relative to the tenure of their Lands, and
their manner of Succession, are far from intending that the-Judges should have the
same arbitrary power of proceeding as the French Judges had ; a Power, which is
always dangerous, and which I am certain the Judges, named by Governor Murray for
the inferior Court, are very far from aspiring after.
In order tô expedite Business, as well as forward the levying the Duties ordered
by His Majesty in Council, to be continued in this Province, an Additional Term has
been found necessary, as you will see by an Ordinance,3
which I have the honor to
Enclose to your Lordships, as well as one proposed for regulating pilotage in the River
Saint Lawrence; this last has not been published, as before next Season there will be
sufficient time for your Lordships to signify either your Approbation or disapprobation
of it ; a Circumstance, that I could wish would attend every Ordinance, as appeals are
always attended with Inconvenience.
1
Canadian Archives Q 3, p. 249. 2
See Ordinance of July 1st, 1766, and note to same, p. 172. 3
See Ordinance of July 26th, 1766, p. 174.
188 CANADIAN ARCHIVES
• 6-7 EDWARD VII., A. 1907
I send you a Copy of the,Attorney General’s Report, relative to the Difficulties
attending the levying the Duties1
ordered by His Majesty in Council, to be continued
in this Province.
I have the honor to be with much Respect,
My Lords,
Your Lordships most obedient humble Servant.
P. MM!’ IRVING.
To the Right Honorable the Lords Commissioners for Trade and Plantations.
PETITION OF SEIGNEURS OP MONTREAL. 2
Au ROY.’
Les Seigneurs des terres et propriétaires des fiefs du district de Montréal en la province de Quebec, au pied du throne de Votre Majesté penetres de la plus vive Reconnoissance, de toutes les marques de Bonté, dont il a plût à Votre Majesté, de les favoriser
depuis qu’ils sont sous Votre Domination, Ozent prendre la Liberté, de lui présenter icy
leurs très humbles actions de Grace en leurs Noms et Celuy de leurs tenanciers.
Le Soin vraiment paternel, que Votre Majesté n’a cessé d’apporter pour leurs
Intérêts temporels, La Grace Signallée de posséder un Eveque, a excité dans le Cœur
de tous les Nouveaux sujets les plus vifs sentiments de recconnoissance, D’amour et de
fidélité envers Votre Majesté.
Ils Ne Sont pas moins sensibles à la dernière preuve de Votre tendresse, dont ils
ont ressenty les gracieux effets dans la revoccation de L’acte des timbres.3
Ils Supplient Votre Gracieuse Majesté, qu’il leur soit Permis, de la remercier de
leur avoir Donné pour Gouverneur L’honnorable Jacques Muray.. ils ozent espérer
qu’elle voudra Bien leur Conserver, ce Digne Gouverneur, ses lumières son Equitté sa
prudence luy fournissent toujours des moyens efficaces pour maintenir les peuples dans
la tranquillité et l’obéissance.
Les Marques de la Bonté d’un Roy, souvent réitérées en font toujours espérer
de Nouvelles ; c’est sur cela Qu’ils ozent luy Demander Deux graces, elles mettroient le
Comble aux faveurs de Votre Majesté, et à leur Reconnoissance, & leur attachement.
‘ L A PREMIÈRE, est la supression du Régisterre, dont les frais épuisent la Colonie
sans quelle, en reçoive Le moindre avantage.
L A SECONDE est que tous les Sujets en cette province sans aucune Distinction de
Religion soient admis à toutes les Charges sans autre Choix, que les talents et le meritte
personnel, être exclus par Etat d’y participer, n’est pas Etre membre de Testât, s’ils en
ressent l’humiliation, ils ne connoissent pas moins le prix d’une grace aussy Distinguée,
pour laquelle Ils ne peuvent offrir que des Cœurs pleins d’Amour et de Recconnoissance,
Leur Zèle, leur attachement et leur fidélité en seront les preuves marquées dans tous les
tems a venir
PERPÉTUELLEMENT, leurs discours, etleurs exemples tendront à maintenir leurs tenanciers dans les sentiments de la fidélité et soumission Qu’ils vous doivent, ils offriront
sans cesse leurs prières et leurs vœux pour la Gloire et la Conservation de Votre Majesté
et de votre auguste famille.
Le Chvr
D’ailleboust Dailleboust De Caisy
D’Chambault St. Ours
Lacorne Montizambert
Ninerville Blanau
Rouville daudeguee
1
This report is given in Canadian Archives, Q 3, p. 254. In the same volume will be found several
other papers on this subject.
2
Canadian Archives, Q 4, p. 31.
3
“Referring to Grenville’s Stamp Act, passed in 1765 and which applied to Canada as well as to th
other American colonies. I t was repealed in March 1766.
CONSTITUTIONAL DOCUMENTS 189
SESSIONAL PAPER No. 18
Neveu Lavalterie
lefebvre Boucherville ‘
Montenon J. de Muy
Normand Ohev. Hertel *
Linctot Pierre Lesieu (r) MS torn
Hertel And. Barril
Duchesny Godfroy
Duchesne Normanvi (lie) MS torn
Le Che1
Ninerville God. Tonnancou (r) MS torn
Crosse le febvre
J. Courval Desisles
La Grenier (f renier 1) Beaulae
Crevier L. Descheneaux.
St. françois J. Descheneaux.
poisson ‘ Gentilly.
Endorsed :—Petition to The King from the Principal People of Montreal R/ 3d
Febry 1767.
« _ (Translation.)
To THE KING.
The Seigneurs of the lands and proprietors of the fiefs of the district of Montreal,
in the province of Quebec, at the foot of Your Majesty’s throne, filled with the deepest
Gratitude for all the marks of Favour with which it has pleased Your Majesty to
honour them, since they have been under Your Government, Dare to take the Liberty
of here presenting to You their most humble supplications in their own Names and
those of their tenants.
The truly paternal Care which your Majesty has never ceased to bestow on their
temporal Interests, and the signal Favour of possessing a Bishop have roused in the
hearts of all the New subjects the liveliest sentiments of gratitude, of love, and of
fidelity toward Your Majesty.
They are no less sensible of the last proof of Your affection, of which they have
experienced the beneficial effects, in the revocation of the stamp act.
They beg Your Gracious Majesty that they may be permitted to thank You for
having given them as Governor, the honourable James Murray, they dare to hope that
You will graciously continue to them this Worthy Governor whose clearsightedness,
Equity and wisdom continually afford him efficacious means for maintaining the people
in tranquillity and obedience.
* The frequently repeated Marks of a King’s Goodness, always give ground for the
hope of fresh ones, and it is on this ground that they dare plead for two privileges.
These would fill up the measure of your Majesty’s favours, & of their gratitude & devotion.
The first is the supression of the Register, the expenses of which exhaust the
Colony, without its receiving from it the least advantage.
The second is that all the subjects in this province without any Distinction of
Religion may be admitted to any Office, the only basis of selection being that of capacity and personal merit. To be excluded by the State from participating in it, is not
to be a member of the state. – If they feel such a humiliation they would appreciate all
the more the value of a favour equally marked, for which they can only offer their
hearts full of love and gratitude. Their Zeal, their affection and their devotion shall
be the signal proofs of it for all time to come.
Their precepts and their examples shall perpetually tend to maintain their tenants
in the sentiments of fidelity and submission which they owe you, They will offer
without ceasing their vows and their prayers for the Glory and Preservation of Your
Majesty and your august family.
190 / CANADIAN ARCHIVES
6-7 EDWARD VII., A. 190?
C O M M I S S I O N O F T H E C H I E F J U S T I C E . 1
Quebec ss. G E Q R G E T H E T H I R D by t h e Grace of God, of Great Britain, F r a n c e ,
and Ireland, K I N G , Defender of the Faith, and so forth ; To our T r u s t y
and well beloved W I L L I A M H E Y , Esquire, G B E E T I N G .
K N O W YE, t h a t we having t a k e n into our Royal Consideration, Y o u r
Loyalty, Integrity, a n d ability, Have, assigned. Constituted, and appointed,
Commission A N D “WE, do hereby assign, Constitute, and appoint, you, the said W I L L I A M ”
to be Chief^ H E Y , ¿ur Chief Ju¡?tice of, and in our Province of Quebec in America ; To
province^ E n q u i r e by the Oaths-of honest and lawful men of the province aforesaid,
Quebec and by other lawful ways, Methods, a n d means, by which you can or m a y
the b etter Know, as well within liberties as without, of whatsoever Treasons,
• misprisions of Treason, Insurrections, Rebellions, Murders, Felonies,.
Homicides, Killings, Burglaries, Rapes of Women, Unlawful Congregations
& Assemblies, words spoken, Misprisions, Confederacies, False Allegations,
Trespasses, Riots, Routs, Escapes, Contempts, Falsities, Negligencies, Coninquire of all cealments, Maintenances, Oppressions, Champorties, Deceits, and other
treasons, felo- Misdoings, Offence?, and Injuries whatsoever, as also of the accessaries
mes, andotherthereto within t h e province aforesaid, as well within liberties as without,.
‘ by whomsoever and howsoever had, done, perpetrated, or Committed, or
which hereafter m a y happen to be done, perpetrated, or Committed, and by
whom, to whom, when, where, and how, and of all other articles andCircumstances, the premises, or any of them, a n y wise Concerning : A n d
and the same t h e said treasons and other t h e premises to hear and determine, accordingdetermineac- t o * ^ e
•’ a w a n c^ Custom of t h a t p a r t of our K i n g d o m of Great B r i t a i n
cording to the Called England, and of our said province of Quebec, hereafter to be made..
laws of Ens- T H E R E F O B E WE Command that, a t such certain days a n d places as you shall’
ordinances of a p p o i n t , Y o u make diligent inquiry of the premises; a n d all and singular
the province the premises you hear and determine ; and the same do and fulfil in form
hereafter to aforesaid, doing therein t h a t which to J u s t i c e d o t h belong or appertain,
according to t h e Law a n d Custom of t h a t p a r t of our Kingdom of Great
Britain Called England, and of our said province of Quebec hereafter to be1
Canadian Archives, Register of Commissions, from Department of Secretary of State.
The mandate to the Governor to appoint Wm. Hey as Chief Justice is dated Feb. 3rd and is as follows :—
” The King’s Mandate to the Governor or Commander in Chief of the Province of Quebec, requiring
Him to appoint William Hey, Esquire, Chief Justice of the sd
Province.
George R.
Trusty and well beloved, We greet you well, Whereas We have taken into our royal consideration the
loyalty, integrity, and ability of our trusty and well beloved William Hey, Esquire, We h»ve thought fit,
hereby, to authorize and require you forthwith to cause letters patent to be passed under the seal of our
province of Quebec in America, constituting and appointing him the said William Hey, our Chief Justice
of, and in our said province ; to have, hold exercise and enjoy the said office unto him the said William
Hey, for and during our pleasure, and his residence within our said province, together with all and singular the rishts, profits, privileges and emoluments unto the said place belonging in the most full and amplemanner with full power and authority to hold the supreme courts of judiciture, at such places, and at such
times as the same may and ought to be held within our said province. And for so doing, this shall be
your warrant. And so we bid you farewell.
Given at our Court at St. James’ the 3d
day of February 1766 in the sixth year of our Reign. •
By His Majesty’s command
/ (signed) H. S. CONWAY
To our trusty and well beloved James Murray, Esquire, our Captain General and Governor in Chief’
in and over our Province of Quebec in America ; and in his absence to the Commander in Chief of our said
Province for the time being. ”
From copy in the Public Record Office. See also note p. 178.
CONSTITUTIONAL DOCUMENTS 191
SESSIONAL PAPER No. 18
made : Saving to us our Amerciaments and other things thereby to us belonging ; for we will Command all and every our Sheriffs or provost Marshal’s
of our province aforesaid ; That at such certain days, and places as you our
Chief Justice shall make known to him, them, or any of them, they cause to
come then and there before you such and so many honest and lawful men
of our said province as well within liberties as without, by whom the Truth
of the matter may be the better Known and inquired of.
Power to deli- AÎTO FDETHEE, KNOW VE That we have assigned, Constituted, and appointed,
ver goals of and by these presents, do assign, Constitute and appoint you, the said WlLthereuTeon- L I AM H E Y ‘
our G o a l o f o u r Province aforesaid, of the prisoners therein herefined, after to be to deliver. AND, therefore we Command you that, at such Certain days & places as you shall appoint, you come to our Court-House of
our said Province the Goal in our said province of the prisoners hereafter
therein to be to deliver, doing therein what to justice doth, or may, belong
or appertain, according to the Law & Custom of that part of our Kingdom of Great Britain called England, and of our said province of Quebec
hereafter to be made; saving to us our amer iaments and other things
thereby to us belonging : For we will Command all and every our Sheriffs
and provost Marshals of our said Province of Quebec that, at such Certain
days and places as you our Said Chief Justice shall make known to him,
them, or any of them, they Cause to Come then and there before you our
said Chief Justice all the prisoners of the same Goal and their attachments.
Power to hear AND FDETHBE KNOW YE That we have assigned, Constituted and appointed,
and determine and by these presents, do assign, Constitute and appoint, You, the said
andTctions^ WILLIAM HEY, Our Chief Justice of Our Supreme Court of Judicature of our
whether real, said province of Quebec, to inquire by the oaths of honest and lawful men
personal, or 0f £n e province aforesaid, and by other lawful ways,, methods and means,
between the by which you can or may the better Know, as well within Liberties as
King and a without, of all civil pleas, actions, and suits, as well real and personal, as
subject, or mixed, between us and any of our Subjects, or between party and party,
ject and sub- by whomsoever had, brought, sued and Commenced, and of all other
ject. articles and circumstances the premises, or any of them, any wise Concerning : and the said pleas, actions, and suits, and every of them, to hear
and determine in manner and form aforesaid, doing therein that which to
Justice doth belong and appertain according to the Laws and Customs of
that part of our Kingdom of Great Britain Called England, and the Laws,
Ordinances, Rules, and Regulations of our said province of Quebec, hereafter in that behalf to be Ordained and made. THEREFORE WE Command you
that, at such Certain Days and places, as you shall appoint, you make
diligent inquiry of the premises ; and all and singular the premises to
hear and determine in manner and form aforesaid, doing therein that
which to justice doth belong or appertain according to the Law and Custom of that part of our Kingdom of Great Britain Called England, and
the Laws, Ordinances, Rules, and Regulations, of our said province of
Quebec hereafter in that behalf to be made : FOE WE will Command all
and every Our Sheriffs or provost Marshal of our province aforesaid that
at such Days and places, as you our Said Chief Justice shall make Known
to him, them, or any of them, they Cause to Come then and there before
you, such and so many honest and lawful men of our said province, as well
within liberties as without, by Whom the truth of the matter may be the
better Known.
This Office to To HAVE, HOLD, AND EXERCISE the said Office of our chief Justice of and in
th aTC dur™g
our Said province of Quebec, for and during our Royal Will & pleasure and
pleasureg
and your Residence within our Said province ; Together with all and Singular the
the Chief Jus- Rights, profits, free priviledges, and Emoluments to the said Office belonging,
tice’sresi- i n a g f u l l a n d a m p i e ” manner as any other Chief Justice of any of our proprovince vinces of America H A T H heretoforeheld and Enjoyed, or of right ought to
192 CANADIAN ARCHIVES
6-7 EDWARD VII., A. 1907
have, hold, or Enjoy, the same, with full power and authority to hold the
^ Supreme Courts of Judicature at such places and times as the same may or
ought to be held within our said province.
I N TESTIMONY whereof we have Caused these our Letters to be made
patent and the Great seal of our said province of Quebec, to be hereunto
Affixed, and to be entered on record in one of the Books of patents in our
Registers Office of Inrollments of the said province WITNESS Our Trusty
and well beloved. The Honble Guy Carleton Esquire, OUR Lieutenant
Governor and Commander in Chief in and over our said province of
Quebec and the Territories thereon depending in America, at our Castle of
Saint Lewis in our said City of Quebec, The Twenty-fifth Day of September
in the Year of our Lord one Thousand seven hundred & Sixtysix, and in
\ he Sixth Year of our Reign.
(LS) (Signed) GUY CARLETOIST
By the Lieutenant
Governor’s Command.
(Signed) J GOLDERAP
D. Setf
F I A T of the above Commission
Recorded in the Registers Office at Quebec the 25th Day of September
1766
(Signed) J. GOLDERAP,
D Reg1
CARLETOIST TO SHELBTJRNE.1
QUEBEC 25th Octr
1766.
My Lord !
I have the Honor of receiving your Lordship’s Letter of the 9th of August, with
the Order of Council of the 8″1
, which shall be punctually obeyed—2
The Subject of the inclosed Remonstrance is another Matter I have to mention.
Your Lordship will see by my Letter to the Lords of Trade, by the Minutes of Council,
and by the Minutes of the Committee, that nothing has been done that required a
Council, my ealling a few Counoellors, was meerly from prudential Reasons, and for
1
Canadian Archives, Q 3, p. 261. Though Governor Murray had been recalled to England, April
1st, 1760, he was not for some time deprived of his office as Governor of Quebec. Hence Gen. Guy Carle-
» ton who succeeded him was at first appointed as Lieutenant Governor, under the following Commission :—
” George the Third, by the Grace of God, King of Great Britain, Prance, and Ireland, Defender of the
Faith, and so forth ; To our trusty and well-beloved Guy Caileton, Esquire, Greeting :
” We, reposing especial trust and confidence in your loyalty, integrity, and ability, do, by these presents, constitute and appoint you to be our Lieutenant Governour of our province of Quebec, in America ;
to have, hold, exercise, and enjoy the said place and office during our pleasure, with all rights, privileges,
profits, perquisites, and advantages to the same belonging or appertaining.
” And further, in case of the death, or during the absence, of our captain general^ and governour in
chief of our said province of Quebec, now, and for the time being, we do hereby authorize and require you
to exercise and perform all and singular the powers and directions contained in our commission to our
captain general and governour in chief, according to such instructions as he has already received from us,
and such further orders and instructions as he, or you, shall hereafter receive from us.
” And we do hereby commend all and singular our officers, ministers, and loving subjects in our said
province, and all others whom it may concern, to take due notice hereof, and to give their ready obedience
accordingly. _ _ *
” Given at our court at St. James.’s, the seventh of April 1766, in the sixth year of our reign.
” By his Majesty’s command.
(Signed) H . S. CONWAY.
” G u y Carleton, Esquire, Lieutenant Governor of Quebec.” A Collection of several Commissions and
other Public Instruments, &e. by Francis Maseres. London : 1772. _ p. 122.
As this commission indicates, Carleton acted under the instructions given to Murray until his own
appointment as Governor in Chief in 1768, when he received new instructions. I n the meantime, however,
several additions were made to the Council of Quebec, under the King’s mandamus „
William E a r l of Shelburne became Secretary of State for the Southern Department, J u l y 13, 1766.
2
A portion of this despatch, dealing with local troubles over trading privileges & c , is omitted.
CONSTITUTIONAL DOCUMENTS 193
SESSIONAL PAPER No. 18
private Information. As to the Members of Council, they themselves could have no
Doubt who should have the Precedence, as the Case of Mr
Stuart doth prove ; Hitherto
I have been silent on that Subject, not that I doubt of the King’s Intentions, but as I
understand these Gentlemen are searching an Excuse to resign their Seats, and make
a Noise ; I shall give them Time to cool and Reflect, till Matter occurs that may require
a Council. The great Leader of the intended Opposition is Mr
M abane,1
who followed
the Army, as Surgeon’s Mate into this Country ; He hoping and believing this Government unsettled, is determined to make some considerable Agitation ; I trust he will
not succeed : Captain Cuthbert threatens me much with his Friends, says he was forced
into the Council by Governor Murray on his Departure, much against his will ; but now
he i * n , he will shew the World who has Friends, and who shall be turned out. I laugh
and make no Answer. Mr
Walter Murray who has acted as a strolling Player in other
Colonies, here as a Councellor ; Mr
Mounier, an honest quiet Trader, who knows very
‘ little of our Language or Manners, like most of the Canadians, will sign, without
Examination whatever their Acquaintance urge them to, and Lieutenant Colonel
Irving who professes he signed this, and the Order of Council mentioned above, because
his Friends desired him—
All these little Workings I look on as the natural Consequence of the late Tempest,
which after a few Months settled Calm must insensibly subside and die away, in General
His Majesty’s Subjects here seem rather to want Instruction, than Reproof. To know
clearly the King’s Will, and to see it steadily pursued here, will, or I am much mistaken,
soon occasion a quiet and dutiful Obedience, in Spite of the Opposition of a few self
Interested Individuals,’
I am with much Respect and Esteem
Your Lordships
Most Obedient Humble Servant
GUY CARLETOJST
Right Honorable Earl of Shelburne
One of His Majesty’s principal Secretaries of State.
REMONSTRANCE OF MEMBERS OF COUNCIL.
QUEBEC Octor
13th 1766.
To the HonMe Biigr
Gen1
Guy Carleton Lie’ Govr
of the Province of Quebec, &
Brig1
‘ Gen1
of His Majestys Forces &c.
We the underwritten Members of His Majesty’s Council for the Province of
Quebec, think it our indispensible duty to communicate to you our sense of the method
lately adopted of calling together only a part of the Council : The bad consequences
which may arise from Practice are manyfold ; But as you are pleased to signifye to Us
by Coll. Irving that it was accident, & not Intention, it is needless for us to enumerate
them
We would be wanting to ourselves, & Others in the same Circumstances if we did
not remonstrate against an opinion lately insinuated, as if Mandamus’s from Brittain
suspended Appointments to the Council made by Gov1
Murray. We apprehend his
Commission & Instructions, by which he was authorized to constitute a Council & to
make choiee of the Persons”, to be to all Intents, & purposes, a Mandamus to each of
Us, provided His Majesty did not disapprove of Us, when reported to Him by the
Governour : The many Difficulties which for Two Years we had to encounter in. a new
Establishment for a Province under very peculiar circumstances, perhaps entitle us to
some Reguard : At any Rate tho’ His Majesty may have an undoubted Right to
encrease the number of his Council by granting Mandamus’s to whom He pleases, it is
to be presumed that by so doing there is no Intention to deprive Us either of our Right
i Adam Mabane was a member of the first Council appointed by Governor Murray in 1764 ; the
other members were Chief Justice Gregory, P. .«munis Irving, H. T. Cramahe, Walter Murray, bamue
Holland, Thos. Dunn and Francois Mounier.
18—3—13
194 CANADIAN ARCHIVES
6-7 EDWARD Vil., A. 1907
to Precedence, or to a Seat in Council : A late event on the D e p a r t u r e of Govr
M u r r a y
is a proof of t h e contrary.
If by t h e Constitution o’r Custom of t h e Colonys the numb e r of t h e Council is
restricted, Mandamus’s are in t h a t Case to be regarded only as a n Order for t h e A d –
mission of t h e Persons named therein, Provided there is a Vacancy.
If the Deference which we feel for every Manifestation of the W i l l of our Sovereign has prevented u s from objecting to any person possessed of a M a n d a m u s from being
sworn into t h e Council, W e apprehend t h a t if the Council is a t present, or hereafter
may be restricted, The Councillor last admitted is to be considered as t h e Supernumerary.
W e have the honr
to be w*11 t h e greatest respect #
S
r
y
r
most obed* hWe Servts
.
(Signed) P . MMIS
I B V I N G
W A ‘ M U E E A Y
A D A M M A B A N E
E B S
M O U N I E B
J A M E S C U T H B E E T .
Endorsed : Copy •]• Remonstrance of L* Col1
I r v i n g and other Members of H i s
Majesty’s Council a t Quebec 13*11 Oct1
1766.
I n Lieu* Gov1
C’arleton’s, of the 25th Octr
1766.
GOVERNOR CARLETON’S REPLY.
To Lieut* Colonel I r v i n g Major to the 15t h Regiment. M1
W a l t e r Murray, Mc
A d a m M abane Surgeon, Mr
Erancis Mounier Merchant, Captain J a m e s
C u t h b e r t —
G E N T L E M E N
A s L i e u t e n a n t Colonel I r v i n g has signified to you, t h a t t h e P a r t of m y Conduct, you t h i u k worthy your Reprehension, happened by Accident, let him explain
to you his Reasons for so doing, H e h a d no authority from me
B u t t h a t there may be no further Doubt, I hereby make known to you, t h a t I both
have a n d will, on all Matters which do not require the Consent of Council, call together
such Councellors as I shall t h i n k best qualified to give me Information : and further,
t h a t I will ask the Advice a n d Opinion of such Persons, tho’ not of the Council as 1
shall find M e n of good Sense, Truth, Candor, and I m p a r t i a l Justice ; persons who prefer
their Duty to t h e K i n g and the Tranquility of H i s Subjects to unjustifiable A t t a c h –
ments, P a r t y Zeal, a n d to all selfish mercenary views : Aft er I have obtained such
Advice, I will still direct as to me shall seem best for H i s Majesty’s Service, a n d the
Good of H i s Province committed to my C a r e —
I further make K n o w n to you, and for the first time I give an Opinion, t h a t for
t h e present H i s Majesty’s Council consists of twelve Members ; those named a n d
appointed immediately by t h e K i n g 1
have t h e Preference, next follow those appointed
b y Governor M u r r a y till t h e Seats are all full :
1
In the Instructions given to Governor Murray, in addition to certain ex-officio members, such as
the Chief Justice and the Surveyor General of Customs, he was authorised to select and appoint eight
other members to constitute the Council of the Province. In the Instructions given to Governor Carleton,
however, the members of the Council were specifically named as appointed by the King. See p. 211. The
following is a list of the members of Council at the end of 1766 with the dates of their admission :—
1764.
“August 13th Paul JSSmi’ Irving— Again swore in 24th Sept1
1766 by mandamus
Hector Theophilus Cramaché dated 21st June 1766, swore in again 24th September 1766.
Samuel Hollandt.
Walter Murray, Again swore in 24th Sept* 1766.
Adam Mabane— Ditto Ditto
Thomas Dunn— ditto ditto
Francia Mounier
CONSTITUTIONAL DOCUMENTS 195
SESSIONAL PAPER No. 18
You will be pleased to recollect, Gentlemen, that Mr
Stewart, tho’ sworn into
Council after Mr
Mounier, has by Virtue of the King’s immediate Appointment constantly taken Place and Precedence of you all.
I must also remind you, that His Majesty’s Service requires Tranquility and Peace
in His Province of Quebec, and that it is the indispensable Duty of every good Subject,
and of every honest Man, to promote so desirable an End.
(Signed). G U Y CARLETON.
Endorsed : Answer to Lieu* Col. Irving, Mr
Walter Murray &c, Oct1
1766.
CARLETON” TO GAGE.1
Copy of a Letter from Major General Carleton to His Excellency General Gage, dated
at Quebec 15th Pebry 1767—
Sir
The Ports of Crown Point, Ticonderoga, and’Port George are in a very declining
Condition, of which, I believe, Your Excellency is well informed ; should you approve
of keeping up these Posts, it will be best to repair them as soon as possible. As you
have been pleased to desire my Opinion of this Measure, I must freely say, that the
more I consider the State of Affairs on this Continent,
2
more and stronger Reasons
present themselves, and I am the more convinced, it is not only expedient, but indispensably necessary for the Interest of Great Britain, and His Majesty’s Service, not
only to keep these in good Repair, but to erect a proper Place of Arms near the Town
of New York, and a Citadel in or near the Town of Quebec. These with temporary
Works thrown up occasionally at the other Places of Landing and Embarking, will
secure the Communication with the Mother Country, and will link these two Provinces
so strongly together, as will add great security to both ; they will facilitate the Transport of ten or fifteen thousand Men in the Beginning of a War, from the one t o t h e
other, as the Circumstances require—
The natural and political Situation of the Provinces of Quebec and New York is
such, as must for ever give them great Influence and Weight in the American System,
therefore no Pains, Address, nor Expence too great to root out Paction or Party ; to
establish Tranquility, and a firm Attachment to His Majesty’s Government, at the
same time it is equally essential to establish that security and Strength as can properly
curb and overawe, should such ever arise, who by the Ties of loyal Subjects and honest
Men, are not thoroughly bound to their Duty.
This Communication so established, will give Security to the King’s Magazines, till
then precarious, and doubtfull who may avail themselves of them ; will separate the
Northern from the Southern Colonies, will afford an easy and advantagious Opportunity
of transporting His Porces into any part of this Continent, and may prevent the greatest of all Inconveniencies, Delay and Loss of Time in the Beginning of j^War.
Oct* 10th James Goldfrap, by mandamus, dated 20th July 1761 again swore in [24th September 1766.
ditto 31st Beniamin Price
1765.
June 20ai
4 Charles Stewart, S. G. by mandamus
1766.
June 14th James Cuthbert.
ditto 30th Thomas Mills, R. G.—by mandamus.
Sep» 25th William Hey C. J— * by mandamus
The above is a true List of the members of His Majesty’s Council of the Province of Quebec with the
Times of their being sworn in, taken from the Council Book Kept in my office.
* in the room of William Gregory, Esq1
late Chief Justice, and struck out of the Council
(Signed) J a : POTTS, D.C.C.
Endorsed—Copy of the List of Council of Quebec 1766
1
Canadian Archives, Q 4, p. 100.
2
Referring to the troubles which were developing in the American colonies.
. 18—3—13¿
196 CANADIAN ARCHIVES
6-7 EDWARD Vil., A. 1907
The Walls of this Place have not been repaired since the Siege, which left many
Holes in the Masonry, that will precipitate their Ruin if not soon repaired ; I have not
one Engineer in the Province to form an Estimate of the Repairs, or make any Alteration that may be immediately necessary.
(a true Copy)
H. T. CRAMAHE
Endorsed : Copy of a Letter from General Carleton to His Excellency General Gage,
dated at-Quebec, 25th Feby, 1767. In Lieut.-Governor Cramahé’s Letter of the
9
th Nov1
S H E L B U R N E TO CARLETON. 1
WHITEHALL 20th June 1767.
LIEUT. GOVERNOR CARLETON.
SIB,
Since my Letter of 26″1
May,2
I have received your’s of 28th Mareh,3
which I
have had the Honor to lay before the King, & I .have the Pleasure of confirming to you,
His Majesty’s gracious Approbation of your Conduct. The Rectitude of those Principles
by which you have governed yourself, & your firm tho’ dispassionate manner of Proceeding, if persevered in, cannot fail of giving due weight to your Administration, of allaying any remains of Paction which may not yet have subsided, & of putting an End to
those impediments which too often arise from private Views & personal Jealousies.
* * * * * * * *
As the right Administration of Government in Quebec is a matter of the greatest
Importance to that Province, the Improvement of its Civil Constitution is under the
most serious & deliberate consideration of His Majesty’s Servants & principally of His
Majesty’s Privy Council. Every light which can be procured on this Subject,-will be
material as well as every Information which can tend to elucidate how far it is practicable and Expedient to blend the English with the french Laws in order to form such a
System as shall at once be Equitable same as if this Ordinance had not been made.
Given by the HonWe Guy Carleton Lt. Governor and Commander in Chief of the
Province of Quebec, Brigr
Geni, of His Majesty’s Forces &c &c in Council at the Castle
of St. Louis in the City of,, Quebec on the Day of in the Year
of His Majesty’s Reign and in the Year of our Lord 176
CARLETON TO SHELBURNE. 1
QUEBEC 20th Jan1
* 1768
My Lord !
. In my Letter3
(No. 20) I have given the Military state of this Province, with a
scheme for strengthening it by a Citadel ; I shall now add, that, was this already constructed, and I could suppose it impossible for any foreign Enemy to shake the King’s
Dominion over the Province,’ still I shall think the Interests of Great Britain but half
advanced, unless the Canadians are inspired with a cordial Attachment,, and zeal for
the King’s Government ; How far they are removed from that desirable Disposition,
may easily be discovered, if brought to the Test, and examined by the general Cause of
the Attachments of Men, Self-interest ; if it shall not be found more their Interest to
remain as at present, than to return under the Dominion of their former Sovereign,
they certainly have not’all those Motives, which induce Men of Honor to disregard the
general Rule ; there remain, ’tis true, an Oath of Allegiance, which may keep some
Quiet in Case of a French Expedition, and the Punishments due to Traitors, which will
be regarded; as long as Government has Force sufficient to inflict them ; it therefore
seems to me highly expedient, that, at least, those Causes of Complaint, which affect the
Bulk of the People, and come home almost to every Man, should be removed ; That
they should be maintained in the quiet Possession of their Property, according to their
own Customs, which Time immemorial, has been regarded by them and their Ancestors,
as Law and Equity ; and that the Approach to Justice and Government, for the Redress
of Wrongs, be practicable and Convenient, in Place of being ruinous by Delay, and an
Expence disproportioned to their Poverty; but this is neither m the Power of Justice
or Government here to grant him, while the Supreme Court is obliged to Judge according to the Laws of England, and the different Offices can claim, as their Right, Fees
calculated for much wealthier Provinces. _
1
Canadian Archives, Q 6-1, p. 370.
2
Carleton to Shelburne, Nov. 25th, 1767. See p. 19b.
206 CANADIAN ARCHIVES
6-7 EDWARD VII., A. 1907
But, Beside these Points of Justice, as long as the Canadians are deprived of all
Places of Trust and Profit, they never can forget, they no longer are under the Dominion
of their natural Sovereign ; tho’ this immediately concerns but few, yet it affects the
Minds of all, from a national Spirit, which ever interests itself at the general Exclusion
of their Countrymen : three or four of their principal Gentlemen, with the Rank of
Counsellors, was it little more than Honorary, tho’ on many Occasions they might prove
useful ; a few Companies of Canadian Foot judiciously officered, with three or four
trifling Employments, in the Civil Department, would make very considerable Alterations on the Minds of the People ; I t would divide the Canadians at least, and secure a
Part, in Case of a French War, that would emulate the zeal of the King’^s National
Troops ; I t would hold up Hopes to the Gentlemen, that their Children, without being
bred up in France, or the French Service, might support their Families in the Service
of the King their Master, and by their Employments preserve them from sinking into
the lower Class of People, by the Division and Subdivision of Lands every GenerationI have found in Canada, what I believe may be found everywhere, the People fond
of the Laws and Form of Government they have been educated under, tho’ scarcely
a Man that Knows one sound Principle of Government, or Law ; Three or four of the
old Subjects, about a year ago, brought me the rough Draft of a Petition for a general
Assembly, and hoped, I had no Objection to their having it signed by all the British,
who wished to have one called ; I told them, I had many Objections to great numbers
signing a Request of any Kind, that it seldom conveyed the sincere Desire of the Subscribers, that it had an Appearance of an Intention to take away the Freedom of granting or refusing the Request ; I had no Objection to Assemblies in General, yet such
was the peculiar Situation of Canada, tho’ I had turned that Matter often in my
Thoughts, I could hit off no Plan that was not liable to many Inconveniencies, and
some Danger; That perhaps they might be more fortunate, and I should think myself
obliged to them, if they would shew me one, that could be of advantage to the Province,
and the King’s Service, assuring them, such a Plan wanted no Petitions to recommend
it to -me : about a Month, after, they asked me, if 1 had considered of their Request, and
I repeated my former Answer ; since which I have often urged them, of my own Accord, to let me have their Scheme for an Assembly, and to inform me, who they thought
should be the Electors, and who the Representatives, but to no Purpose ; so that I imagined, they had laid aside all Thoughts of the Kind, till lately one John McCord, who
wants neither Sense nor Honesty, and formerly kept a small Ale House in the poor
Suburbs of a little Country Town in the North of Ireland, appearing zealous for the
Presbiterian Faith, and having made a little Money, has gained some Credit among
People of his Sort ; this Person purchased some Spots of Ground, and procured Grants
of more, close to the Barracks, where he run up Sheds, and placed poor People to sell
his Spirits to the Soldiers, finding that his lucrative Trade has lately been checked, by
inclosing the Barracks to prevent the Soldiers getting drunk all Hours of the Day and
Night, He has commenced Patriot, and with the Assistance of the late Attorney General, and three or four more, egged on by Letters from Home, are at work again for an
Assembly, and purpose having it signed by alJ they can influence : On the other Hand
the better Sort of Canadians fear nothing more than popular Assemblies, which, they
conceive, tend only to render the People refractory and insolent ; Enquiring what they
thought of them, they said, they understood some of our Colonies had fallen under the
King’s Displeasure, owing to the Misconduct of their Assemblies, and that they should
think themselves unhappy, if a like Misfortune befell them. I t may not be improper
here to observe, that the British Form of Government, transplanted into this Continent,
never will produce the same Fruits as at Home, chiefly, because it is impossible for the
Dignity of the Throne, or Peerage to be represented in the American Forests ; Besides,
the Governor having little or nothing to give away, can have but little Influence ; in
Place of that, as it is his Duty to retain all in proper Subordination, and to restrain
those Officers, who live by Fees, from running them up to Extortion ; these Gentlemen,
put into Offices, that require Integrity, Knowledge and Abilities, because they bid the
highest Rent to the Patentee, finding themselves checked in their Views of Profit, are
disposed to look on the. Person, who disappoints them, as their Enemy, and without go-
CONSTITUTIONAL DOCUMENTS 207
SESSIONAL PAPER No. 18
ing so far as to forfeit their Employments, they in general will be shy of granting t h a t
Assistance, t h e King’s Service may require, unless they are all equally disinterested or
equally Corrupt. I t therefore follows, where the executive Power is lodged with a Person of no Influence, b u t coldly assisted by the rest in Office, a n d where t h e two first
Branches of t h e Legislature have neither Influence, nor Dignity, except i t be from t h e
extraordinary Characters of t h e Men, T h a t a popular Assembly, which preserves it’s full
Vigor, a n d in a Country where all Men appear nearly upon a Level, must give a strong
Bias to Republican Principles ; W h e t h e r the independent Spirit of a Democracy is well
adapted to a subordinate Government of t h e British Monarchy, or their uncontrolable
Notions ought to be encouraged in a Province, so lately Conquered, and Circumstanced
as this is, I with great H u m i l i t y submit to the Superior Wisdom of H i s Majesty’s Councils : for m y own part, I shall t h i n k myself F o r t u n a t e , if I have succeeded in rendering
clear Objects, not allways distinctly discernable a t so great a Distance
I am w i t h much Respect and Esteem.
• Y o u r Lordship’s Most Obedient H u m b l e Servant
G U Y CARLETOJST
The E a r l of Shelburne One of H i s Majesty’s
Principal Secretaries of State.
Endorsed :—Quebec 20Hl J a n ^ 1768 GoYI Carleton.
H I L L S B O R O U G H TO C A R L E T O N . 1
» , W H I T E H A L L , March the 6t t 1768.
SlE,
I t a k e the Opportunity of writing to you by the first Ship going directly toQuebec, since m y Admission into Office, & also to send you Duplicates of m y P o u r former L e t t e r s —
* * * * *
*
I come now to the Consideration of your Letters N° 17. 22. ifc 23., 2
in which y o u r
Prudence and J u d g m e n t , your Care of t h e King’s Service, and your Benevolence to H i s
Subjects, are equally conspicuous to H i s Majesty.
I had the H o n o r to serve H i s Majesty at the Board of Trade, in t h e year 1763.
when His Ma ‘t y was pleased to publish H i s Royal Proclamation relative to t h e new
Colonies, and, whatever the legal sense conveyed by t h e W o r d s of t h a t Proclamation
may be, of which I pretend not to be a Judge, I certainly know what was the I n t e n t i o n
of those who drew the Proclamation, having myself been concerned therein ; A n d I can
take upon me to averr, t h a t it never entered into Our I d e a to overturn the Laws and
Customs of Canada, with regard to Property, b u t t h a t Justice should be administered
agreably to them, according to t h e Modes of administering Justice in t h e Courts or
J u d i c a t u r e in *his Kingdom, as is the Case in the County of K e n t , a n d m a n y other
1
Canadian Archives, Q 5-1, p. 344.
Wills, Earl of Hillsboiough, and of the Kingdom of Ireland, was appointed the first Secretary of State
for the Colonies when that Department was created in 1768. His appointment, as recorded in the Warrant
Book, vol. 32, is dated 21st Jan. 1768. From Sept. 9th, 1763, he had been one of the Commissioners for
Trade and Plantations. See Calendar of Home Office Papers, 1766-69, p. 422.
In this despatch Hillsborough passes in review the various letters which had been received from
Carleton since the former came into office, and as several of these relate to religious and trade matters the
review of them is omitted here. . . 2
Letter No. 17 is that of Nov. 21st, 1767, in which Carleton encloses a petition from British merchants in Canada, stating their objections to the complete enforcement in Canada of the English bankruptcy laws. Agreeing with their position, he has suspended the introduction of such laws for the present.
See Q 6-1, p. 245.
No. 22, ‘is a letter of Dec. 10th, with enclosures, in response to a request from the Commissioners of
the Treasury for information as to the revenue and expenditure of the Province. See Q 5-1, p. 299.
No. 23, is the letter of Carleton to Shelburne of Dec. 24th, see p. 201.
208 CANAD TAN ARO HIT ES
6-7 EDWARD Vil., A. 190?
parts of England, where Gavel-kind Borough-English and several other particular customs prevail, altho’ Justice is administered therein according to the Laws of England.
I t was most unfortunate for the Colony of Quebec, that weak, ignorant, and interested Men, were sent over to carry the Proclamation into Execution, who expounded it
in the most absurd Manner, oppressive and cruel to the last Degree to the Subjects, and
entirely contrary to the Royal Intention. The Distance of the Colony, the Difficulties
arising from many Circumstances, unnecessary for me to enumerate, and the Differences
of Opinion occasioned by various Causes, have prevented, as yet, the necessary Measures
from being taken, to correct this original and fatal Mistake ; But I trust I shall soon
be impowered to signify His Majesty’s Pleasure, to you, to carry into Execution, such
as will not only releive His Majesty’s new Subjectstfrom the uncertain, and consequently unhappy Situation, they are now in ; but give them entire Satisfaction for the future,
by securing to them their Property upon a stable Eoundation, and rendering the Colony
more flourishing and happy than it has ever been.
I have, in the mean Time, His Majesty’s Commands, to express His Satisfaction in
your prudent conduct relative to the Applications mentioned in your Letter N° 17.
to have been made to you for* a Commission of Bankruptcy, as it is impossible to conceive, that it could ever be His Majesty’s Intention signified, either by the Proclamation,
or by the Ordinance for the Establishment of Courts of Judicature, to extend Laws of
that particular and municipal Nature to the Colony, even if the Intention had been to
have overturned the Customs of Canada, and it would be full as reasonable to make a
poor Rate under the 43a
of Elizabeth, or to execute any other Act of Parliament of
England, in Quebec, however intended for any local or particular purpose in this Kingdom.
* * * * # – *
His Majesty approves of every Sentiment expressed in your Letter N° 23. upon
which js founded the Idea of the Ordinance, a Draught of which you transmit with that
Letter * ; The Draught corresponds in almost every .part with His Majesty’s Opinions ;
But, as the whole State of the Colony will be immediately taken into Consideration,
His Majesty’s Pleasure is, that you should, for the present, postpone the enacting of
that Ordinance ; not doubting but you will, in the mean Time, continue to make use. of
every lenient and proper Argument, to convince His Majesty’s new Subjects of His
tender Concern for their Welfare and Security ; and, by representing to them the
natural Difficulties that must occur, in Regulations of so important a Nature, to be
directed from so great a Distance, for the permanent Settlement of a Province, under
Circumstances so uncommon and peculiar ; prevail upon them to suffer patiently those
Delays which are unavoidable.
I desire you will do me the Honor to accept my sincerest Congratulations upon
your Appointment to the Government of Quebec.2
I most truly rejoice at It, both on
Account of His Majesty’s Service, and the Prosperity and Happiness of His Mat’y’s
Subjects in that important Colony.
I am &c
HILLSBOROUGH
Lieutenant Governor of Quebec
Endorsed :—Dra* to the Lieutenant-Governor of Quebec Whitehall March 6th 1768.
CARLETON TO SHELBURNE. 3
QUEBEC 12th April 1768
My Lord !
Again I find myself under a necessity to repeat very near the same apologies, as in
my last about the Fees ; the Truth is, that while. Offices are farmed out to the best
bidder, Tenants will make the most of their Leases, and in their Turn hire such Servants,
i See p. 204. 2
After acting as Lieutenant Governor of Quebec from April 1766 till the beginning of 1768, Oarleton
was appointed to the full position of ” Captain General and Governor-in-ehief of Quebec in America” —
his appointment being dated Jan. 12th, 1768. See Calendar of Home Office Papers, 1766-69, p. 395. 3
Canadian Archives, Q 5-2, p. 477.
CONSTITUTIONAL DOCUMENTS 209
SESSIONAL PAPER No. 18
as work at the cheapest Rate, without much Enquiry, whether the same is well or ill
done ; The inclosed List of Grants,1
Prior to the Conquest of the Country, has been
greatly retarded, from the Persons employed therein, not being thoroughly versed in the
Languages, at the same Time, it must be fairly acknowledged, the Ancient Records of
the Country, are by no Means so clear and accurate as one could wish, However it will
in General tolerably well exhibit, on what Terms, the Seigniorial Grants are held, for as
to the Terres en Roture held immediately of the King, in the Towns of Quebec or Trois
Rivieres, or else where, the same is not yet Compleated, but is in Hand, and shall be
transmitted, without Loss of Time, as soon as finished.
Some of the Privileges contained in those Grants appear at first to Convey dangerous Powers into the Hands of the Seigneurs, that upon a more minute Enquiry, are
found to be really little else than Ideal ; the Haute Moyenne et basse Justice, are Terms
of high Import but even under the French Government were so corrected, as to prove of
little Signification to the Proprietors, for besides that they could Appoint no Judge
without the Approbation of Government, there lay an Appeal from all the Private to
the Royal Jurisdictions in every Matter exceeding half a Crown ; it could not therefore
be productive of Abuse, and as the Keeping of their own Judges became much too Burthensome for the Scanty Incomes of the Canadian Seigneurs, it was grown into so general a Disuse, there were hardly three of them in the whole Province at the Time of the
Conquest.
All the Lands here are held of His Majesty’s Castle of St. Lewis, and nothing I am
persuaded, would be so agréable to the People, or tend more to securing the Allegiance
of the new Subjects to His Majesty, as well as ensuring the Payment of those Fines
and Dues, which here stand in the Lieu of Quit Rents, than a formal Requisition of all
those immediately holding of the King, to pay Faith and Homage to him at his Castle
of St. Lewis ; The Oath, which the Vassals take upon the Occasion, is very Solemn and
Binding, they are obliged to furnish what they here Term their Aveu et Dénombrement, which is an exact Account of their Tenants and Revenues, and to discharge whatever they owe their Sovereign, and to appear in Arms for his Defence, in Case His
Province is ever attacked ; And at the same Time that it would prove a Confirmation
to the People of their Estates and Immunities, after which they most ardently sigh, it
might be a Means to recall out of the French .Service, such as have yet Possessions in
this Country, or at least oblige them to dispose of their Effects here, and although it
may not be possible, at least for a Time, entirely to prevent that Intercourse, every
Measure, that can tend towards putting an End to it, must be Useful.
The Canadian Tenures differ, it is true, from those in the other Parts of His
Majesty’s American Dominions, but if confirmed, and I cannot see how it well can be
avoided, without entirely oversetting the Properties of the People, will ever secure a
proper Subordination from this Province to Great Britain ; if it’s detached Situation
be Constantly Rembered, and that on the Canadian Stock we can only depend for an
Increase of Population therein, the Policy of Continuing to them their Customs and
Usages will be sufficiently Evinced.
For the foregoing Reasons it has occurred to His Majesty’s Servants here, that it
might prove of Advantage, if, whatever Lands remain Vacant in the Interior Parts of
the Province, bordering upon those, where the old Customs prevail, were henceforth
granted on the like Conditions, taking care that those at Gaspey and Chaleur Bay,
where the King’s old Subjects ought chiefly to be encouraged to settle, were granted on
such Conditions only, as are required by His Royal Instructions ; And, upon this Consideration, have some Grants, in the interior Parts, been deferred Carrying into Execution, untill I could receive the sense of Government thereupon.
Your Lordship may have perceived by some of my former Letters, that long before
His Majesty’s Order in Council of the 28a1 August2
came to my Hands, the Matter
therein Recommended had been the Object of my most serious Consideration ; the
Receipt of that Order has induced me to alter some Part of the Plan I at first Proposed
1
See Canadian Archives, Q 6-2, pp. 560-587.
2
See p. 199.
18—3—14
210 CANADIAN ARCHIVES
6-7 EDWARD VII., A. 1907
to myself, and have accordingly directed the Abridgment mentioned to Your Lordship
in my Letter of 24a
December (No. 23)1
and undertaken by some of the ablest Men in
the Province to be further extended, and rendered more full and Copious, and to Comprise all the Laws in Force at the Conquest ; in the mean Time, to give Your Lordship,
and His Majesty’s other Servants, some Tdea of the .Nature of them, I herewith transmit to Your Lordship a shqrt Sketch, exhibiting only the Heads of those Laws%
; the
several Matters Recommended by that Order to the King’s Servants here, shall be prepared with all the Dispatch, that the Importance, as well as Extent of the Subject, can
possibly admit of.
I am with much Respect and Esteem
Your Lordship’s Most Obedient Humble Servant
GUY CARLETON
The Earl of Shelburne One of His Majesty’s
Principal Secretaries of State, &c.
INSTRUCTIONS TO GOVERNOR CARLETON 17683
INSTRUCTIONS to Our Trusty and Well beloved Guy Carleton Esquire, Our
Captain General and Governor in Chief in and over Our Province
of Quebec in America and of all Our Territories Dependent thereupon Given
First—With these Instructions You will receive Our Commission under Our
Great Seal of Great Britain, constituting You Our Captain General and Governor in
Chief in and Over Our Province of Quebec in America, bounded on the Labrador
Coast by the River S* John, and from thence by a Line drawn from the Head of that
River through the lake S* John to the South End of the Lake Nipisson ; from whence
the said Line crossing the River S’ Lawrence and the Lake Champlain in forty-five
Pegrees of North Latitude, passes along the Highlands which divide the Rivers that
Empty themselves into the said River S* Lawrence from those which fall into the Sea,
and also along the North Coast of the Bay des Chaleurs and the Coast of the Gulph
of S’ Lawrence to Cape Rosières and from thence .crossing the Mouth of the River
S’ Lawrence by the West End of the Island of Anticosti, terminates at the aforesaid
River S* John- You are therefore to take upon you the Execution of the Office and
Trust We have reposed in You, and the Administration of Government, and to do and
Execute all things in due manner that shall belong to Your Command according to the
several powers and Authorities of Our said Commission under Our Great Seal of Great
Britain and these Our Instructions to You, or according to such further powers and
Instruction as shall at any time hereafter be Granted or appointed You under Our
Signet and Sign Manual or by Our Orders in Our privy Council, and you are to call
i See p. 201.
2
The summary of French laws, here mentioned, follows this despatch under the title, ” Coutumes
et usages anciens De La Province de Quebec.” and will be found in Q 5-2 pp. 482-559. The more complete compilation of the Trench law and constitution, represented as in force in Canada before the Conquest, was prepared, chiefly under the supervi&ion of F. J. Cugnet, and sent to Britain in Sept. 1769. In
1772 several compilations of the French Canadian laws &c. were published ; the most important beinç :—
” An Abstract of those parts of the Custom of the Viscounty and Provostship of Paris which were Received
and Practised in the Province of Quebec in the time of the Frpneb Government. Drawn up by a select
Committee of Canadian Gentlemen well skilled in the laws of France and of that Province by the desire of
the Hon. Guy Carleton Esq. Governor in Chief of the said Province, London 1772.”
” An Abstract of the Several Royal Edicts & Declarations and Provincial regulations and ordinances,
that were in force in the Province of Quebec in the time of the French Government ; and of the Commissions of the several Governors General and Intendants of the same Province during the same period. By
Francis Joseph Cugnet Esq Secretary to the Governor and Council of the said Province for the French
Language. By direction of Guy Carleton 1772.”
3
Canadian Archives, M. 230. p. 61.
CONSTITUTIONAL DOCUMENTS 211
SESSIONAL PAPER,No. 18
together at Quebec, which We do appoint to be the place of Your residence, and the
* principal Seat of Government the following persons whom We do hereby appoint to
be Our Council for Our said Province of Quebec, viz*. William Hey, Our Chief Justice
of Our said Province, Hector Theophilus Cramahé, James Goldirap, Hugh Finlay,
Thomas Mills, Thomas Dunn, Walter Murray, Samuel Holland, Francis Mounier,
Benjamin Price, and Colin Drumond Esquires—It is nevertheless Our Will and
Pleasure, that Our Chief Justice or Chief Justice for the time being shall not be
capable of taking upon him the Administration of the Government upon your Death
or Absence, or the Death or Absence of the Commander in Chief for our said province
for the cime being—
2. And You are with all due and usual Solemnity to cause Our said Commission
to be read and published at the said meeting of Our Council which being done, You
shall then take and also administer to each of the members of Our said Council, the
Oaths mentioned in an Act passed in the first year of the Reign of His Majesty King
George the first, inti tied ” An Act for the further Security of His Majestys person
” and Government, and the Succession of the Crown, in the Heirs of the late Princess
” Sophia being Protestants, and for extinguishing the hopes of the pretended Prince
” of Wales and his Open and secret abettors,” And in an Act passed in the sixth Year
of Our Reign, intitled, ” An Act for altering the Oath of Abjuration and the Assur-
” anee, and for amending so much of An Act of the seventh year of Her late Majesty
” Queen Anne, Intituled, An Act for the Improvement of the Union of the two King-
” doms, as, after the time therein Limitted requires the Delivery of certain Lists and
” Copies therein mentioned to persons Indicted of High Treason or Misprison of
” Treason ;” as also make and Subscribe, and cause them to make and Subscribe, the
Declaration mentioned in an Act of Parliament made in the 25th year of the Reign
of King Charles the second intituled ” An Act for preventing Dangers which may
” happen from Popish Recusants”—And You and every one of them are likewise to take
an Oàth for the due Execution of Your and their places and Trusts, with regard to
Your and their equal and impartial Administration of Justice ; And You are also to
take the Oath required by An Act passed in the seventh and eighth Years of the Reign
of King William the third to be taken by Governors of Plantations to do their Utmost
that the Laws relating to the plantations be observed.
3. And that We may be always Informed of the Names and Characters of persons
fit to Supply the Vacancies which shall happen in Our said Council, You are to transmit
to Us by One of Our principal Secretaries of State the Names and Characters of three
persons Inhabitants of Our said province who You shall esteem the best Qualified for
that Trust and You are also to Transmit a Duplicate of the said Account to Our Commissioners for Trade and plantations for their Information.
4. And if it shall at any time happen, that by the Death, Departure out of Our
said province, suspension of any of Our said Councellors, or otherwise, there shall be
a Vacancy in Our said Council, Our Will and Pleasure is that You signify the same to
Us, by One of Our principal Secretaries of State, by the first Opportunity, that We
may under Our Sign Manual, constitute and appoint others in their Stead ; to which
end You are whenever such Vacancy happens, to transmit unto Us .by One of Our
principal Secretaries of State, the Names of three or more persons, Inhabitants of Our
said provinèe whom you shall esteem best Qualified, for such Trust, and you are also
to Transmit duplicates of such Accounts to Our Commissioners for Trade and
plantations for their Information.
5. But that Our Affairs may not Suffer for want of a due number of Councillors ;
if ever it shall happen that there be less than Seven residing in Our said province,
We do hereby give and grant unto You the said Guy Carleton full power and Authority
to chuse as many persons out of the principal Inhabitants of our said province, as
will make up the full number of the Council to be seven and no more, which persons
so chosen and appointed by You, shall be to all Intents and purposes, Councillors in
Our said Province ’till either they shall be confirmed by Us, or, by the Nomination of
others by Us under Our sign Manual and Signet, Our said Council shall have seven, or
more persons in it.
1 8 – 3 – ^ 1 4 ^
212 CANADIAN ARCHIVES
6-7 EDWARD VII., A. 1907
6. And it is Our Will and Pleasure, that You do, and You are hereby Authorized
and Impowered to Suspend and amove any of the Members of Our said Council, from «
Sitting, Voting, and Assisting therein, if You shall find just Cause for so doing, and to
appoint others in their Stead until Our pleasure shall be known, I t is nevertheless
Our Will and Pleasure, that You do not Suspend or Remove any of the Members of
Our Council when they shall have been Confirmed by Us as aforesaid, without good
and sufficient cause, nor without the Consent of the Majority of the said Council,
signified in Council, after due Examination of the Charge against such Councillor,
and his Answer thereunto ; and in Case o£ suspension of any of them, You are to
cause Your Reasons for so doing, together with the Charges and proofs against such
person, and his Answer thereto be duly entered upon the Council-Books, And forthwith to transmit Copies thereof to Us, by one of Our principal Secretaries of State,
and also Duplicates to Our Commissions for Trade and Plantations for their Information nevertheless if it should happen that You should have Reasons for Suspending any
of the said Persons, not fit to be communicated to the Council, You may in that Case
suspend such person without the Consent of Our said Council ; but You are thereupon
immediately to send to Us by One of Our principal Secretaries of State An Account
of Your proceedings therein, together with Your Reasons at large for such suspension
as also your Reasons at large for not communicating the same to the Council and
Duplicates thereof by the tirst opportunity and you are also to transmit a Duplicate
of such Account to Our Commissioners for Trade and plantations for their Information.
7. Whereas We are Sensible that Effectual Care ought to be taken to oblige the
Members of Our Council to a due attendance therein, in order to prevent the many
Inconveniences that may “happen for the want of a Quorum of the Council to transact
business as occasion may require ; I t is Our Will and Pleasure that if any of the
Members of Our said Council shall hereafter absent themselves from the said Province
and Continue absent above the Space of Mix Months together, without leave from you,
or from Our Commander in Chief of Our said Province for the time being first
obtained, under your or his Hand and Seal, or shall remain absent for the Space of
One Year without Our Leave given them under Our Royal Signet and Sign Manual
their place or places in the said Council shall immediately thereupon become Void : and
that if any of the members of Our said Council, then residing in the province under
Your government shall hereafter wilfully absent themselves when duly summoned,
without a just and lawful Cause and shall persist therein after admonition, you suspend
the said Councillors so absenting themselves ’till Our further pleasure be known giving
Us timely Notice thereof ; And We do hereby Will and Require You that this Our
Royal Pleasure be Signified to the several Members of Our Council aforesaid, and
entered in the Council-Books of the province under Your Government as a Standing
rule—
8. You are forthwith to communicate such and so many of these Our Instructions
to Our said Council, wherein their Advice and Consent are mentioned to be requisite,
as likewise all such others, from time to time, as You shall find Convenient for Our
Service to be Imparted to them—
9. You are to permit the Members of Our said Council to have and Enjoy freedom
of Debate and Vote in all Affairs of publick concern that may be debated in
Council—
10. And Whereas it is directed by Our Commission to You under Our Great Seal,
that as soon as the Situation and Circumstances of Our said Province will admit thereof
You shall with the Advice of Our Council, Summon and call a general Assembly of the
Freeholders of Our said province, You are therefore as soon as the more pressing
Affairs of Government will allow, to give all possible attention to the carrying this
Important Object into Execution, but as it may be Impracticable for the present to
form such an Establishment You are in the mean time to make such Rules and
Regulations by the Advice of our said Council as shall appear to be necessary for the
peace Order and good government of our said province ; taking Care that nothing* be
done or passed that shall any way tend to affect the Life Limb or Liberty of the
CONSTITUTIONAL DOCUMENTS 213
SESSIONAL PAPER No. 18
Subject, or to the Imposing any Duties or Taxes ; and that all such rules and Regulations be transmitted to Us by the first Opportunity after they are passed and made
for our Approbation or Disallowance. And it is Our Will and Pleasure that when An
Assembly shall have been Summoned and met in such manner as you in Your discretion shall think most proper, or as shall be hereafter directed and appointed, the following Regulations be carefully observed in the framing and passing all such Laws
Statutes and Ordinances, as are to be passed by You with the Advice and Consent of
Our said Council and Assembly Viz’. That the Stile of Enacting the said Laws,
Statutes and Ordinances be by the Governor, Council and Assembly and no other—
That each different matter be provided for by a different Law without including in
one and the same Act, such things as have no proper relation to each other ;—That no
Clause be inserted in any Act or Ordinance which shall be foreign to what the title
of it Imports and that no perpetual Clause be part of any temporary Law ; —That no
Law or Ordinance whatever be suspended, altered Continued, revived or repealed by
general Words ; but that the title and Date of such Law or Ordinance be particularly
mentioned in the Enacting part ;—That no Law or Ordinance respecting private property be passed without a Clause suspending it’s Execution, until Our Royal Will and
pleasure is known, nor without a Saving of the Right of Us, Our Heirs and Successors, and of all Bodies Politick and Corporate, and of all other persons except such as
are mentioned in the said Law or Ordinance, and those claiming by, from, or under
them, and before such Law or Ordinance is passed, proof must be made before You in
Council and Entered in the Council-Books, that publick Notification was made of the
partys Intention to apply for such Act in the several parish Churches, where the Lands
in Question lye for three Sundays at least successively before any such Law or Ordinance”
shall be proposed ; and you are to transmit and Annex to the said Law or Ordinance
a Certificate under your Hand that the same passed through all the Forms above
mentioned; That in all Laws or Ordinances for the Levying Money, or Imposing
Fines, forfeitures or penalties, express mention be made, that the same is granted or
reserved to Us Our Heirs and Successors for the publick Uses of the said province,
and the Support of-the Government thereof, as by the said Law t>r Ordinance shall be
directed ; and that a clause be Inserted, declaring that the Money arising by the Operation of the said Law or Ordinance shall be accounted for unto Us in this Kingdom,
and to Our Commissioners of the Treasury or Our High Treasurer for the Time being
and audited by Our Auditor General of our Plantations or his Deputy—That all such
Laws, Statutes and Ordinances be transmitted by You within three Months after their
passing or sooner if opportunity offers, to Us, by One of Our principal Secretaries
of State and Duplicates thereof to Our Commissioners for Trade and plantations for
their Information—That they be fairly abstracted in the Margents and accompanied
with very full and particular observations upon each of them (that is to say) whether
the same is Introductive of a new Law, Declaratory of a former Law, or does repeal a
Law then in being And you are also to transmit in the fullest manner the Reasons
and Occasion for Enacting such Laws or Ordinances together with fair Copies of the
Journals of the proceedings of the Council and Assembly which You are to require
from the Clerks of the said Council and Assembly
11. And to the End that nothing may be passed or done to the prejudice of the
true Interests of this Our Kingdom the Just Rights of Us Our Heirs and Successors’
or the property of Our Subjects I t is Our Express Will and pleasure, That no Law
whatsoever which shall in any wise tend to Affect the Commerce or Shipping of this
Kingdom, or which shall any ways relate to the Rights and prerogative of Our Crown
or the property of Our Subjects or which shall be of an Unusual or Extraordinary
Nature be finally ratified or Assented to by You, until You shall have first transmitted
unto Us by one of Our principal Secretaries of State, and to Our Commissioners for
Trade and plantations for their Information a Draught of such Law, and shall have
received Our Directions thereupon Unless You take Care that a Clause be Inserted
therein, suspending and Deferring the Execution thereof until Our pleasure is known
concerning the same.—
214 : • ‘ CANADIAW ARCHIVES
6-7 EDWARD VII., A. 1907
12 And Whereas Laws have formerly been Enacted in several of Our Plantations
in America fpr so short a time that Our Royal Assent or Refusal thereof could not
be had before the time for which such Laws were Enacted did expire, You shall not
give Your Assent to any Law that shall be Enacted for a less time than two Years,
except in Cases of imminent Necessity, or imminent temporary expediency and You
shall not re-enact any Law to which Our Assent shall have been once refused, without
Express leave for that purpose first obtained from Us upon a full representation by
You to be made to Us by One of Our principal Secretaries, and to Our Commissioners
for Trade and Plantations for their Information, of the Reasons and necessity for
passing such Law ; nor give Your Assent to any Law for repealing any other Law,
which shall have passed in Your Government, and shall have received Our Royal
Approbation unless You fake Care that there be a Clause inserted therein Suspending
and Deferring the Execution thereof until Our pleasure shall be known concerning
the same—
13 And We do particularly require you to take care, that fair Books of Accounts of all Receipts and Payments of all publick Money be duly kept, and the truth
thereof attested upon Oath and that all such Accounts be audited and attested by Our
Auditor General of our plantations or his Deputy, who is to Transmit Copies thereof
to Our Commissioners of Our Treasury, or to Our High Treasurer for the time being
And that You do every half Year or oftener, send another Copy thereof, Attested by
Yourself to Our Commissioners for Trade and plantations, and duplicates thereof by
the next Conveyance ; in which Books shall be specified, every particular Sum raised,
or Disposed of together with the Names of the persons to whom any payment shall be
made, to the End We may be satisfied of the Right and due application of the
Revenue or Our said province with the probability of the Increase or diminution of it
under every head and Article thereof
14 And Wbereas the JVI embers of several Assemblies in the plantations have
frequently Assumed to themselves privileges no ways belonging to them especially of
being protected from Suits at Law during the Term they remain of the Assembly to
the great prejudice-of their Creditors and the Obstruction of Justice ; and some
Assemblies have presumed to adjourn themselves at pleasure without leave from Our
Governor first obtained ; and others have taken upon themselves the sole framing of
Money Bills, refusing to let the Council Alter or amend the same ; all which practices
are very detrimental to Our Prerogative. If therefore you find that the Members of
Our Province of Quebec Insist upon any of the. said Privileges, You are to signify to
them that it is Our Express Will and Pleasure, that You do not allow any protection
to any member of the Council or Assembly further than in their persons, and that
only during the sitting of the- Assembly, and that You do not allow them to adjourn
themselves otherwise than de diem, except Sundays and Holidays, without Leave from
you or the Commander in Chief for the time being first obtained : It is also Our
further pleasure that the Council have the like power of framing Money Bills as the
Assembly.—
15 And Whereas by Our aforesaid Commission under Our Great Seal of Great
Britain, You are authorized and impowered with the Advice and Consent of Our
Council to Constitute and appoint Courts of Judicature and Justice ; I t is therefore
‘Our Will and Pleasure, that You do as soon as possible apply Your attention to these
great and Important Objects and that in forming the necessary Establishments for
this purpose, You do consider what has been Established in t’his respect in Our other
Colonies in America more particularly in Our Colony of Nova Scotia—
16 Our Will and Pleasure is, that You or the Commander in Chief for the time
being do in all civil Causes, on application being made to You or the Commander in
Chief for the time being for that purpose, permit and allow appeals from any of the
Courts of Common Law in Our said Province until You or the Commander in Chief,
and the Council of the said Province, and You are for that purpose to Issue a Writ
in the manner which has been usually accustomed, returnable before Yourself and the
Council of the said province, who are to proceed to hear and Determine such Appeal,
wherein such of the said Council, as shall be at that Time Judges of the Court from
CONSTITUTIONAL DOCUMENTS 215
SESSIONAL PAPER No. 1’8
whence such appeal shall be so made to You Our Captain General, or to the Commander in Chief for the time being and to Our said Council as aforesaid shall not be
admitted to Vote upon the said Appeal, but they may nevertheless be present at the
hearing thereof, to give the Reasons of the Judgment given by them, in the Causes
wherein such Appeal shall be made provided nevertheless that in all such appeals
the Sum or Value appealed for do exceed the sum of three hundred pounds Sterling,
and that Security be first duly given by the Appellant to Answer such Charges as shall
be awarded in Case the first Sentence be affirmed ; and if either party shall not rest
satisfied with the Judgment of You or the Commander in Chief for the time being and
Council as aforesaid, Our Will and Pleasure is that they may then appeal unto Us
in Our privy Council ; Provided the Sum or Value so appealed for unto Us do exceed
five hundred pounds Sterling, and that suoh appeal be made within fourteen Days after
Sentence and good security given by the Appellant, that he will Effectually prosecute
the same and answer the Condemnatioli as also pay such Costs and Damages as shall
be awarded by Us in Case the sentence of You or the Commander in Chief for the
time being and Council be affirmed ; provided nevertheless where the matter in Question relates to the taking or Demanding any Duty payable to Us or to any Fee of
Office, or annual Rents or other such like matter or thing where the Rights in future
may be bound in all such Cases You are to admit An Appeal to Us in Our privy
Council, though the Immediate Sum or Value appealed for be of less Value ; And it
is Our further Will and Pleasure, that in all places where, by Your Instructions you
are to admit Appeals unto Us in Our privy Council, execution be suspended until
the final Determination of such Appeal, unless good and sufficient Security be given
by the Appellee to make ample Restitution of all that the Appellants shall have lost
by means of such Decree or Judgment in Case upon the Determination of such Appeal
such Decree or Judgment should be reversed and restitution awarded to the Appellant.
17. You are also to admit Appeals unto Us in Our privy Council in all Oases of
Pines Imposed for Misdemeanours provided the Fines so Impo^ed, Amount to or
Exceed One hundred pounds Sterling ; the Appellant first giving good Security, that
he will Effectually prosecute the same, and answer the Condemnation If the Sentence
by which such fine was Imposed in Quebec shall be Confirmed.
18. You are, with the Advice and Consent of Our Council in the Province under
Your government to take Especial care to regulate all Sallaries and fees belonging to
places, or paid upon. Emergencies, that they be within the bounds of Moderation, and
that no Exaction be made on any Occasion whatsoever ; as also that Tables of all Fees
be publickly hung up in all places where such Fees are to be paid and You are to
transmit Copies of all such Tables of Fees unto Us by One of Our principal Secretaries
of State and duplicates thereof to Our Commissioners for Trade and Plantations
for their Information—
19. I t is. Our Express Will and Pleasure that You do by the first Opportunity and
with all convenient Speed transmit unto Us by One of Our principal Secretaries of
State and duplicates thereof to Our Commissioners for trade and plantation for
their Information Authentick Copies of all Acts Orders Grants Commissions or other
powers by Virtue of which any Courts Offices, Jurisdictions, pleas, Authorities, Fees
and privileges, have been Settled or Established, for our Confirmation or Disallowance ; and in case all or any of them shall at any time or times be disallowed and not
approved tnen such and so many as shall be disallowed and not approved, and so
Signified by Us shall cease determine and be no longer continued or put in practice.—
20 You shall not appoint any person to be a judge or Justice of the peace, without
the advice and Consent of the Majority of the Members of Our Council, present in,
nor shall You Execute yourself or by Deputy and of the said Offices ; and it is Our
further Will and Pleasure that all Commissions to be Granted by You to any person
or persons to be Judges or Justices of the peace, or other necessary officers, be granted
during pleasure only—
21. You shall not displace any of the Judges Justices of the peace or other Officers
or Ministers without good and sufficient Cause, which You shall Signify in the fullest
and most Distinct manner to Us by one of our principal Secretaries of State and to
Our Commissioners £or Trade and Plantations for their Information—
216 CANADIAN ARCHIVES
6-7 EDWARD VII., A. 1907
22. And Whereas frequent Complaints have heretofore been made of Great Delays
and undue proceedings in the Courts of Justice in several of Our plantations, whereby
‘ many of Our Good Subjects have very much Suffered, And it being of the greatest
Importance to Our Service and to the Welfare of Our Plantations that Justice be
every where speedily and Duly administered, and that all Disorders Delays and other
undue practices, in the administration thereof be Effectually prevented ; We do particularly require You to take Especial Care, that in all Courts, where you are Authorized to preside, Justice be Impartially administered, and that in all other Courts,
established within Our said Province all Judges and other persons therein concerned
do likewise perform their several Duties without any Delay or partiality.
23. You are to take Care, that all Writs be issued in Our Name throughout the
Province under Your Government.
24. Whereas there are several Offices in Our plantations Granted under the Great
Seal of Great Britain, and Our Service may be very much prejudiced by reason of the
absence of the Patentees, and by their appointing Deputies not fit to officiate in their
Stead, You are therefore to Inspect such of the said Offices as are in the province
under Your Government, and to Enquire into the Capacity and behaviour of the persons exercising them, and to report thereupon to Us by One of Our principal Secretaries of State and to Our Commissioners for Trade and Plantations what You think
fit to be done or Altered in Relation thereunto ; and You are upon the misbehaviour
of any of the said Patentees or their Deputies to Suspend them from the Execution of
their Office ’till You shall have represented the whole matter unto Us as aforesaid
and received our Directions therein And in Case of the Death of any such Deputy,
I t is Our Express Will and pleasure, that you take Care, that the person appointed
‘ to Execute the place until the patentee can be Informed thereof and appoint another
Deputy, do give sufficient Security to the patentee, or, in Case of Suspension to the
person Suspended to be answerable to him for the profits accruing during such Interval
by death or during Suspension, in Case We shall think fit to restore the person Suspended to his place again—It is nevertheless Our Will and pleasure that the person
Executing the place during such Interval, by Death or Suspension shall for his Encouragement receive the same Profits as the person suspended or dead did receive ;
And it is Our further Will and Pleasure, that, in Case of a Suspension of a patentee,
the person appointed by You to Execute the office during such Suspension shall receive
a Moiety of the profits which would otherwise become due to such patentee, giving
Security to such patentee to be answerable to him for the’other Moiety, in Case We
shall think fit to restore him to his Office again, And it is Our further Will and
pleasure, that You do countenance and give all due Encouragement to all Our Patent
i Officers in the Enjoyment of their legal and Accustomed Fees, Rights privileges and
Emoluments according to the true Intent and meaning of their patents— 1
25. You shall not by Colour of any power or Authority hereby or otherwise
Granted or mentioned to be Granted unto You, take upon You to give, grant or
Dispose of any office or place within Our said Province which now is or shall be
Granted under the Great Seal of this Kingdom, or to which any person is or shall be
appointed by Warrant under Our Signet and Sign Manual, any further than that
You may, upon the Yacancy of any such Office or place, or upon the Suspension of any
such Officer by you, as aforesaid put in any fit person to Officiate in the Interval ’till
You shall have represented the matter unto Us by one of our principal Secretaries of
State ; and to Our Commissioners for Trade and Plantations, for their Information
as aforesaid, which Ycra are to do by the first Opportunity, and ’till the said Office
or place be disposed of by Us Our Heirs or Successors under the Great Seal of this
Kingdom, or until some person shall be appointed thereto by Warrant under Our
Signet and Sign Manual or Our further Directions be given therein—
26. And Whereas several Complaints have been made by the Officers of Our
Customs in Our plantations in America, that they have frequently been obliged to
serve as Jurors, and personally to Appear in Arms whenever the Militia is drawn Out
and thereby are much hindred in the Execution of their Employments, Our Will and
Pleasure is that- You take Effectual Care and give the necessary Directions that the
CONSTITUTIONAL DOCUMENTS 217
SESSIONAL PAPER No. 18
several officers of Our Customs be Excused and exempted from serving on any Juries,
or personally appearing in Arms in the Militia, unless in Cases of absolute Necessity
or serving any parochial Offices which may hinder them in the Execution of their Duty—
27. And Whereas We have Stipulated by the late Definitive Treaty of Peace concluded at Paris the 10th Day of February 1763 to Grant the Liberty of the Catholick
Religion to the Inhabitants of Canada, and that We will consequently giVe the most
precise, and most Effectual Orders, that Our New Roman Catholick Subjects in that
Province may profess the Worship of their Religion according to the Rites of the
Romish Church, as far as the Laws of Great Britain permit ; It is therefore Our Will
and Pleasure that You do in all things regarding the said Inhabitants Conform with
Great Exactness to the Stipulations of the said Treaty in this respect—
28. You are as soon as possible to Summon the Inhabitants to meet together at
such time or times, place or places, as You shall find Convenient in Order to take
the Oath of Allegiance, and make and Subscribe the Declaration of Abjuration mentioned in the aforesaid Act passed in the first Year of the Reign of King George the
1
st for the furthei Security of His Majestys person and Government, and the Sucession of the Crown in the Heirs of the late Princess Sophia, being Protestants, and for
Extinguishing the Hopes of the pretended Prince of Wales and his Open and Secret;
Abettors, and in the aforesaid Act passed in the Sixth Year of Our Reign for Altering the Oath of Abjuration and the Assurance and for amending so much of An Act
of the seventh Year of her late Majesty Queen Anne In titled An Act for the Improvement of the Union of the two Kingdoms as after the time therein Limitted requires
the Delivery of certain Lists and Copies therein mentioned to persons Indicted of High
Treason, or Misprison of Treason ; which Oath shall be Administered to them by such
person or persons as You shall Commissionate for that purpose, and in Case any of
the said French Inhabitants shall refuse to take the said Oath and make and Subscribe
the Declaration of Abjuration as aforesaid, You are to cause them forthwith to Depart
out of Our said Government—
29. And it is Our further Will and Pleasure that all such Inhabitants professing
the Religion of the Romish Church, do at all meetings, or at such other time or times
You shall think proper and in the manner you shall think least alarming and Incon
venient to the said Inhabitants Deliver in upon Oath an Exact Account of all Arms
and Ammunition of every sort in their Actual possession, and so from time to time, of
what they shall receive into their Possession as aforesaid—
30. You are as soon as possible to Transmit to Us by one of Our principal Secretaries of State, and to Our Commissioners for Trade and plantations for their Information, an Exact and particular Account of the Nature and Constitution of the several
Religious Communities of the Romish Church, their Rights Claims privileges and
property, and also the Number Situation and Revenues of the several Churches heretofore established in Our said province together with the Number of Priests or Curates
Officiating in such Churches—
31. You are not to Admit of any Ecclesiastical Jurisdiction of the See of Rome,
or any other foreign Ecclesiastical Jurisdiction whatever in the province under Your
Government—
32. And to the End that the Church of England may be Established both in principles and practice, and that the said Inhabitants may by Degrees be Induced to Embrace the Protestant Religion, and that their Children be brought up in the principles
of it We do hereby declare it to be Our Intention, when the said Province shall have
been accurately Surveyed and Divided in Townships, Districts precincts or parishes in
such manner as shall be herein after directed, all possible Encouragement shall be
given to the Erecting protestant Schools in the said Districts Townships and precincts by Settling appointing and Allotting proper Quantities of Land for ‘that purpose ; and also for a Glebe and maintenance for a Protestant Minister and protestant
School Masters ; and You are to Consider and to Report to Us by one of Our principal Secretaries of State and to Our Commissioners for Trade and Plantations for
their Information, by what other means the Protestant Religion may be promoted,
established, and Encouraged in Our said province under Your Government.
218 CANADIAN ARCHIVES
6-7 EDWARD VII., A. 1907
33. And You are to take especial Care that God Almighty be devoutly and duly
served throughout Your Government ; the Bo >k of Common Prayer as by Law Established read each Sunday and Holiday ; and the blessed Sacrament administered
according to the Rites of the Church of England—
34. You are not to prefer any Protestant Minister to any Ecclesiastical Benefice
in the Province under your Government without a Certificate from the Right Reverend
Father in God the Lord Bishop of London, of his being Conformable to the Doctrine
and Discipline of the Church of England, and of good Life and Conversation—And
if any person hereafter preferred to a Benefice shall appear to You to give Scandal
either by his Doctrine and manners You are to use the best means for his Removal.—
35. You are to give Orders forthwith that every Orthodox Minister within Your
Government be one of the Vestry in his respective parish, and that no Vestry be held
without him, except in Case of Sickness or after Notice of a Vestry Summoned he
omit to come—
36. And to the End that the Ecclesiastical Jurisdiction of the Lord Bishop of
London may take place in Our Province under your Government as far as conveniently
may be, We do think fit that You give all Countenance and Encouragement to the
Exercise of the same, excepting only the collating to Benefices, granting Licences for
Marriage and probates of Wills which We have reserved to You our Governor and to
the Commander in Chief o’f Our said province for the time being—
37. And We do further Direct that no Schoolmaster who shall arrive in Our said
Province from this Kingdom, be henceforward permitted to keep School, without the
Licence of the said Lord Bishop of London, and that no other person now there or
that shall come from other parts shall be admitted to keep School in Your Government
without Your Licence first obtained.
38. And You are to take, Especial Care, that a Table of Marriages, established
by the Cannons of the Church of England be hung up in all places of Publick Worship
according to the Rites of the Church of England.
39. And it is Our further Will and Pleasure, that in Order to Suppress as much
as in You lies, every Species of Vice and Immorality, You forthwith do cause all Laws
already made against Blasphemy, Prophaneness, Adultry, Fornication, Polygamy,
Incest, profanation of the Lords Day, Swearing and Drunkenness to be rigorously
put in Execution in every part of Your Government, and that You take due care forthe punishment of these, and every other Vice and Immorality by presentment upon
Oath, to be made to the Temporal Courts by the Church Wardens of the several
parishes, at proper times of the Year to be appointed for that Purpose ; and for the
further Discouragement of Vice, and Encouragement of Virtue and good living (that
by such Examples the Infidels may be Invited and persuaded to Embrace the Christian
Religion,) You are not to admit any persons to publick Trusts and Employments in the
Province under Your Government whose ill Fame and Conversation may Occasion
Scandal—
40. And it is Our further Will and Pleasure, that all and every the French Inhabitants in Our said Province who are now possessed of Lands within the said Province
in Virtue of Grants or Concessions made before the Signing of the preliminary Articles
of Peace on the 3ra Day of Nov1
, 1762, within such Limitted time as You in Your
Discretion shall think fit, Register the several Grants or other Deeds, or Titles, by
which they hold or Claim such Lands, in the Secretarys Office which said Grants,
Deeds or other Titles, shall be Entered at large in the said Office, so that the particular
Quantity of Land, it’s Scite and Extent, the Conditions upon which it is Granted,
either as to Rents, Services, or Cultivation, may appear fully and at length—
41. And in Case it shall Appear, upon a Strict and Accurate Examination of the
said Grants and Title Deeds, to be taken in such manner as You shall think proper, that
a,ny of the Grantees or Persons claiming Lands under such Grants and Title Deeds, are
in Possession of more Land than is contained within such Grants or other Concessions,
or that the Terms and Conditions upon which the Lands were Granted have not been
complied with agréable to what is Stipulated in such G rants or Concessions, I t is Our
Will and Pleasure, that You forthwith represent the same to Us, by One of Our prin-
CONSTITUTIONAL DOCUMENTS 219
SESSIONAL PAPER No. 18
cipal Secretaries of State to the End You may receive such Directions thereupon as
the nature and circumstances of the Case shall appear to require, and You are to
send a Duplicate of such Representation to Our Commissioners for Trade and plantations for their Information—
42. And Whereas it is necessary in Order to the advantageous and Effectual
Settlement of Our said Province, that the true State of it should be fully known ;
You are therefore as soon as conveniently may be, to cause an Accurate Survey to be
made of the said Province, by such Able and Skilful person as is or shall be appointed
for that Service, who is to Report to You in Writing for Your Judgment in the
measures which You may in General pursue for the making of Settlements, not only
the Nature and Quality of the Soil and Climate, the Rivers Bays and Harbours,
and every other Circumstance attending the Natural State of it ; but also his opinion
in-what manner it may be most conveniently laid out into Counties, and to annex
to his Report a Map of such Survey, with the several Divisions proposed marked upon
it, But as the making such Survey, with the several Divisions proposed will be a Work
of Great Length, You are in the mean time to carry on Settlements upon that plan,
which shall appear to you to be most Expedient from the best Information You can
collect—
43. And Whereas it has been found by Experience, that the Settling Planters in
Townships hath very much redounded to their Advantage, not only with respect to the
Assistance they have been able to Afford each other in their Civil Concerns, but likewise with regard to the Security they have thereby acquired against the Insults and
Incursions of neighbouring Indians or other Enemies ; You are therefore to lay out
Townships of a Convenient Size and Extent in such places as You in Your Discretion shall Judge most proper ; And it is Our Will and Pleasure that each Township
do consist of about twenty thousand Acres, having as far as may be natural Boundaries,
extending up into the Country, and comprehending a necessary part of the River S*
Lawrence where it can be conveniently had—
44. You are also to cause a proper place in the most convenient part of each
Township to be marked out for building a Fort sufficient to contain such a Number
of Families as You shall judge proper to Settle there, with Town and Pasture Lots
convenient to each Tenement, taking Care that the said Town be laid out upon, or as
near as conveniently may be to some Navigable River or the Sea Coast, and You are
also to reserve to TJs proper Quantities of Land in each Township for the following
purposes, Viz* For Erecting Fortifications and Barracks where necessary or for other
Military or Naval Services, and more particularly for the Growth and Produce of
Naval Timber, if there are any Wood Lands fit for that purpose—
45. And it is Our further Will and Pleasure that a particular Spot in or as near
each Town as possible be set apart for the Building a Church, and four hundred
Acres adjacent thereto, allotted for the Maintenance of a Minister and two hundred
Acres for a Schoolmaster.
46. And You are to give Strict Orders to the Surveyors whom You shall Employ
to mark out the said Townships and Towns, to make returns to you of their Surveys
as soon as possible with a particular Description of each Township, and the Nature
of the Soil within the same.
47. And You are to oblige all such persons, as shall be appointed to be Surveyors
of the said Lands in each Township, to take an Oath for the due performance of their
Offices and for obliging them to make exact Surveys of all Lands required to be set out—
48 And Whereas nothing can more effectually tend to the Speedy settling our
said Colony, the Security of the property of Our Subjects and the advancement of
Our Revenue than the disposing of such Lands as are our property upon Reasonable
Terms, and the establishing a regular and proper method of proceeding with respect
to the passing of Grants of such Land ; I t is therefore Our Will and Pleasure that all
and every person and persons who shall apply to you for any Grant or Grants of Land
shall previous to their obtaining the same make it appear before You in Council, that
they are in a Condition to Cultivate and Improve the same by settling thereon in
proportion to the Quantity of Acres desired, a sufficient Number of white persons and
220 CANADIAN ARCHIVES
6-7 EDWARD Vil., Á. 1907
Negroes ; and in Case You shall upon a Consideration of the Circumstances of the
person or persons applying for such Grants, think it adviseable to pass the same, in
such Case You are to cause a Warrant to be drawn up, directed to the Surveyor
General or other proper Officers, empowering him or them to make a faithful and
Exact Survey of the Lands so petitioned for, and to return the said Warrant within
six Months at furthest from the Date thereof, with a plot or Description of the
Lands so Surveyed thereunto annexed, provided that You do take Care, that before any
such Warrant is Issued as aforesaid, a Docquet thereof be entered in the Auditors
and Registers Office, and when the Warrant shall be returned by the said Surveyor or
other proper Officer, the Grant shall be made out in due form, and the Terms and
Conditions required by these Our Instructions be particularly and Expressly mentioned
in the respective Grants : And it is Our Will and pleasure, that the said Grants
shall be registered within Six Months from the Date thereof in the Registers Office
there, and Docquet thereof be also entred in Our Auditors Office there, in case
such Establishment shall take place* in Our said Province, or that in Default thereof
such Grant shall be Void, Copies of all which Entries shall be returned regularly by
the proper Officer to Our Commissioners of Our Treasury and to Our Commissioners
for Trade and plantations within six Months from Date thereof.
49. And Whereas great Inconveniences have arisen in many of Our Colonys in
America from the granting excessive Quantities of Land to particular persons who
have never cultivated or Settled it, and have thereby Prevented others more Industrious
from Improving the same ; in Order therefore to prevent the like Inconveniences for
the future, You are to take especial Care, that in all Grants to be made by You, by and
with the Advice and Consent of Our Council, to persons applying for the same, the
Quantity be in proportion to their Ability to Cultivate : And You are hereby directed
to observe the following Disections and Regulations in all Grants to be made by You
Viz :
That One hundred Acres of Land be granted to every person being Master or
Mistress of a Family for himself or herself and fifty Acres for every White or Black
Man Woman or Child of which such persons Family shall consist, at the Actual
time of making the Grant, and in Case any Person applying to You for Grants of
Land shall be desirous of taking up a larger Quantity than the Actual Number of
Persons in his or her Family would Intitle such persons to take up, It is Our Will
and Pleasure and You are hereby allowed and permitted to grant unto every such
person or persons such further Quantity of Land as they may desire, not exceeding
one thousand Acres over and above what they are entitled to, by the number of persons
in their respective Families, provided it shall appear to you that they are in a Condition
and Intention to Cultivate the same ; and provided also that they do pay to the
Receiver of Our Quit rents or to such other Officer as shall be appointed to receive the
same the Sum of five Shillings only for every fifty Acres so Granted on the Day of the
Date of the Grant.—
That all Grantees be Subject to the payment of two Shillings Sterling for every
hundred Acres to commence at the expiration of two Years from the Date of such
Grant and to be paid Yearly and every Year, or in Default of such payment the
Grant to be void—
That every Grantee upon giving proof that he or she has fulfilled the Terms and
Conditions of his or her Grant, shall be Entitled to another Grant in the proportion
and upon the Conditions above mentioned.—
That for every fifty Acres of Land accounted plantable each patentee shall be
Obliged within three Years after the Date of his patent to clear and Work three Acres
at the least in that part of his Tract which he shall Judge most Convenient and
Advantageous, or else to clear- and drain three Acres of Swampy or sunken Grounds or
drain three Acres of Marsh if any such be within the Bounds of His Grant—
That for every fifty Acres of Land accounted Barren every patentee shall be obliged
to put and keep on his Land within three years after the Date of his Grant three neat
Cattle which number shall be obliged to continue on bis Land until three Acres for
every fifty be fully cleared and Improved
CONSTITUTIONAL DOCUMENTS 221
SESSIONAL PAPER No. 18 I
That if any person shall take up a tract of Land -wherein there shall be no part
fit for present Cultivation without manuring and improving the same every such
Grantee shall be obliged within three years from the Date of his- Grant, to Erect on
some part of his Land one Good Dwelling House to contain at least twenty feet
in length and Sixteen Feet in Breadth and also to put on his Land the like Number
of three neat Cattle for every fifty Acres— ‘
That if any person who shall take up any Stony or Rocky Grounds not for
planting or pasture shall, within three years after the passing of his G rant begin to
Employ thereon, and so continue to work for three years then next ensuing in Digging
any Stone Quarry or other Mine one good able Hand for every hundred Acres of such
Tract, it shall be accounted a sufficient Cultivation and Improvement.
That every three Acres which shall be Cleared and “Worked as aforesaid, and
every three’ Acres which shall be Cleared and Drained as aforesaid, shall be accounted
a sufficient Seating^ plantation, Cultivation and Improvement to save for ever from
Forfeiture fifty Acres of Land in any part of the Tract contained within the same
patent ; and the patentee shall be at Liberty to withdraw his Stock, or to forbear working in any Quarry or mine, in proportion to such Cultivation and Improvement, as shall
be made upon the Swamps, sunken Grounds and Marshes whieh shall be Included in
the same patent—
That when any person who shall hereafter take up and patent any Lands, shall
have seated planted and Cultivated, or Improved the said Land or any part of it
according to the Directions and Conditions above mentioned such patentee may make
proof of such Seating planting Cultivation and Improvement in the General Court, or
in the Court of the County, District or precinct where such Lands shall lie, and have
such proof certified to the Registers Office and there entered with the Record of the
said patent, a Copy of which shall be admitted on any Trial to prove the Seating and
planting of such Land.
And Lastly to ascertain the true Quantity of Plantable and Barren Land contained
in each Grant hereafter to be made within Our said province You are to take especial
Care that in all Surveys hereafter to be made every Surveyor be required isnd enjoyned
to take particular Notice according to the best of his Judgment and understanding how
much of the Land so Surveyed is plantable and how much of it is Barren and unfit for
Cultivation, and according to Insert in the Survey and plot to him to be returned into
the Registers Office the true Quantity of each kind of Land.
50. And Whereas it hath been represented to Us that the Governors of several of
Our Colonies in America have Granted Lands away close to the Forts belonging to
Us by which means the Garrisons of such Forts have been obliged to pay the proprietors of those Lands extravagant prices for Wood cut for a necessary supply of
Fuel, and thereby a great and Unreasonable Expense has been brought upon the
Military Contingencies I t is Our Express Will and Pleasure that You do take
Especial Care, that in all Warrants for Surveying of Lands adjacent or Contiguous
to a Fort or Fortification, whether such Warrant be Granted upon an Original Petition to you in Council, or upon Our Order in Our privy Council there be an Express
Direction to the Surveyor that he do reserve to Us Our Heirs and Successors for the
Use of the Fort, near to which the Lands shall lye such a part of the Land petitioned
for (being Woodland) and in such a situation as the Commander in Chief of the
said Fort (with whom he is to be required to Consult and Advise in all such Cases)
shall Judge Convenient and sufficient for a permanent and Certain Supply of Fuel
for such a Garrison as the said Fort may be able to Contain. And it is Our further
pleasure, that a regular plot of such reserved Land, describing the Bounds, expressing
the Quantity of Acres, and properly signed and attested by such Surveyor, be delivered
to the Commanding Officer of each Fort, to be there publickly hung up and a Duplicate
thereof also Recorded in the Secretary’s Office* or other proper Office of Record in Our
province under Your Government ; and as we judge the due Execution of this Our
Order to be essential to Our Service, You are hereby required to take Care, that the
Regulations above prescribed be duly entered upon the Council Books of Our said
Province, as a standing Order to all persons, who may be Intrusted with the powers to
which they referr—
222 CANADIAN ARCHIVES
6-7 EDWARD VII., A. 1907
51. And it is Our further Will and Pleasure that in all Grants of Lands to be
made by You as aforesaid, regard be had to the profitable and unprofitable Acres so
that each Grantee may have a proportionable Number of One Sort and the other ; as
likewise that the Breadth of each Tract of Land to be hereafter Granted be one third
of the Length of such Tract, and that the Length of each Tract do not Extend along
the Banks of any River but into the Main Land that thereby the said Grantees
may have each a Convenient Share of what accommodation the said River may Afford
for Navigation or otherwise—
52. And Whereas it hath been represented to Us, that many Parts of the Province under your Government are particularly adapted to the Growth and Culture of
Hemp and Flax, I t is therefore Our Will and pleasure that in all Surveys of Land for
Settlement, the Surveyor be directed to Report whether there is any or what Quantity
of Lands contained within such Survey, fit for the production of Hemp and Flax and
you are to take particular Care to insert a Clause in every Grant*of Land where any
part thereof is fit for such production, obliging the Grantee annually to sow a proportionable part of his Grant with Hemp or Flax Seed—
53. And Whereas it hath been further represented to Us that a great part of the
Country in the Neighourhood of Lake Champlain, and between that Lake and the
River S’ Lawrence, abounds with Woods, producing Trees fit for masting for Our
Royal Navy, and other Useful and necessary Timber for naval Construction ; You
are therefore expressly directed and required to cause such parts of the said Country
or any other within Your Government, that shall appear upon a Survey to abound
with such Trees and shall lye convenient for Water Carriage, to be reserved to Us, and
to Use Your best Endeavour to prevent any Waste being Committed upon the said
Tracts by punishing in due Course of Law any persons who shall Cut Down or Destroy
any Trees growing thereon, and You are to Consider and advise with Our Council,
whether some Regulation that shall prevent any Saw Mills whatever from being
Erected within your Government withouf*a Licence from you or the Commander in
Chief of Our said Province for the time being, may not be a means of preventing all
Waste and Destruction in such Tracts of Land as shall be reserved to Us for the purposes aforesaid—
54. And Whereas it appears from the Representations of Our late Governor of
the District of Trois Rivieres that the Iron Workb at S’ Maurice in that District are
of great Consequence to Our Service ; It is therefore Our Will and Pleasure that no
part of the Lands, upon which the said Iron Works were carried on, or from which
the Ore Used in such Works was procured, which shall appear to be necessary and
Convenient for that Establishment, either in respect to a free passage to the River S”
Lawrence, or for producing a necessary Supply of Wood, Corn and Hay, or for pasture
for Cattle, be Granted to any private person whatever, and also that as large a District
of Land, as conveniently may be adjacent to and lying round the said Iron Works, over
and above what may be necessary for the above purposes be reserved for Our Use to be
disposed of i n such manner as We shall hereafter direct and appoint—
55. And Whereas it is necessary that all Persons who may be desirous of Settling
in Our said province, should be fully Informed of the Terms and Conditions upon
which Lands will be granted in Our said province, You are therefore as soon, as possible
to cause a publication to be made by proclamation or otherwise as you in Your Discretion shall think most ad viseable of all and every the aforegoing Terms, Conditionsand Regulations of every kind respecting the Grants of Lands, in which proclamation
it may be Expedient to add some short Description of the natural Advantages of the
Soil and Climate, and its peculiar Advantages for Trade and Navigation ; and you are
to take such Steps as You shall think proper for the publishing such proclamation in
all the Colonies in North America—
56. And it is Our further Will and Pleasure that all the foregoing Instructions
to’ You as well as any which You may hereafter receive relative to the form and
method of passing Grants of Lands, and the Terms and Conditions to be annexed to
such Grants be entered upon Record with the Grants themselves for the Information
and Satisfaction of all parties whatever that may be concerned therein. ‘
CONSTITUTION AL DOCUMENTS 223
SESSIONAL PAPER No. 18
57. And it is Our further Will and Pleasure that You do consider of a proper
and Effectual Method of Collecting receiving and accounting for Our Quit Rents
whereby all Frauds Concealment Irregularity or Neglect therein may be prevented
and whereby the Receipt thereof may be Effectually chequed and Controlled, and if
it shall appear necessary to pass An Act for the more effectually ascertaining and the
more speedily and regularly collecting Our Quit Rents, You are to prepare the Heads
of such a Bill, as you shall think may most Effectually conduce to the procuring the
good Ends proposed, and to Tiansmit the same to Us by one of Our principal Secretaries of State, for Our further Directions therein, and You are also to Transmit a
Duplicate thereof to Our Commissioners for Trade and plantations for their Information—
58. And it is Our further Will and Pleasure that the Surveyor General or such
other person or persons as you shall think proper to Appoint^ do, once in every Year
or oftener, as Occasion shall require, inspect the State of all Grants of Land made
by you, and make Report thereof to You in Writing, Specifying whether the Conditions therein contained have or have not been complied with, or what Progress has
been made towards fulfilling the same ; and you are annually to transmit Copies of
such Reports to Us by One of Our principal Secretaries of State, and Duplicates
thereof to Our Commissioners for Trade and Plantations for their Information—
59. And Whereas Our Province of Quebec is in part Inhabited and Possessed by
several Nations and Tribes of Indians, with whom it is both necessary and Expedient
to cultivate and maintain a Strict Friendship and good Correspondence, so that they
may be Induced by Degrees not only to be good Neighbours to Our Subjects, but
likewise to be good Subjects to Us, You are therefore as soon as You conveniently
can, to appoint a proper person or persons to Assemble and treat with the said Indians,
promising and Assuring them of Protection and Friendship on our part and delivering
them such presents as shall be sent to You for that purpose—
60. And You are to Inform yourself with the greatest Exactness of the Number,
Nature and Disposition of the several Bodies or Tribes of Indians, of the manner of
their Lives, and the Rules and Constitutions by which they are governed and regulated,
and You are upon no Account to molest or disturb them in the possession of the said
province as they at present Occupy, or Possess, but to Use the best means You can
for Conciliating their Affections and Uniting them to Our Government, reporting
to Us, by One of Our principal Secretaries of State, and to Our Commissioners for
Trade and Plantations whatever Information You can collect with respect to these
people, and the whole of Your proceedings with them.—
61. Whereas We have by Our proclamation dated the 7th Day of” October in the
3
a
Year of Our Reign, strictly forbid, on pain of Displeasure, all our Subjects from
making any purchases or Settlements whatever, or taking possession of any of the
Lands reserved to the several Nations of Indians, with whom we are connected, and
who live under our protection without our especial leave for that purpose first
obtained I t is Our Express Will and Pleasure that you take the most Effectual Care,
that Our Royal Directions herein be punctually complied with, and that the Trade
with such of the said Indians as depend upon Your Government be carried on in the
manner and under the Regulations prescribed in Our said proclamation—
62. You are to use Your best Endeavours in Improving the Trade of those parts
by settling such Orders and Regulations therein, with the Advice of our said Council
as may be most acceptable to the Generality of the Inhabitants. And it is Our Express
Will and Pleasure, that You do not upon any pretence Whatever, upon pain of Our
Highest Displeasure, give Your Assent to any Law or Laws for setting up any Manufactures and carrying on any Trades which are hurtful and prejudicial to this Kingdom, and that You do Use Your Utmost Endeavours to discourage, discountenance
and restrain any Attempts which may be made to set up such Manufactures or establish any such Trades—
63. And it is Our Will and Pleasure, that You do not dispose of any Forfeitures
or Escheats to any Person, until the Sheriff or other proper Officer have made Enquiry
by a Jury upon their Oaths, into the true Value thereof, nor until You have transmitted
224 CANADIAN ARCHITES
6-7 EDWARD VII., A. 1907
to Our Commissioners of Our Treasury a particular Account of such Forfeitures and
Escheats, and the Value thereof. And You are also to take Care that the produce of
such Forfeitures and Escheats, in Case We think proper to give You Directions to
dispose of the same, be duly paid to Our Treasurer or Receiver General of Our said
province, and a full Account transmitted to Our Commissioners of Our Treasury,
or Our High High Treasurer for the Time being with the Names of the persons to
whom disposed.
64. And Whereas Commissions have been Granted unto several persons in Our
Respective Plantations in America for the Trying of pirates in those parts pursuant
to the Acts for the more Effectual Suppression of Piracy. And by a Commission
already sent to Our province of New York Our Governor there is Impowered together
with others therein mentioned to proceed accordingly in Referrence to Our said
Province ; Our Will and pleasure is that you do Use Your best Endeavours to apprehend all persons whatever who may have been guilty of Piracy within Your Government or who having Committed such Crimes at other places may come within your
Jurisdiction; and until we shall think proper to direct the like Commission to be
Established for Our Government of Quebec, You are to send such pirates with what
proofs of their Guilt You can procure or Collect, to Our Governor of New York to be
tryed and punished under the Authority of the Commission established for those
parts—
65. And Whereas You will Receive from our Commissioners for Executing the
Office of High Admiral of Great Britain, and of Our Plantations, a Commission
constituting You” Vice Admiral of Our said Province, You are hereby required and
Directed Carefully to put in Execution the several powers thereby Granted you—
66. Whereas great Inconveniences have happened heretofore by Merchant Ships
and other Vessels in the Plantations, wearing the Colours born by Our Ships of War
under pretence of Commissions granted to them by the Governors of the said plantations, and by trading under those Colours not only amongst Our Own Subjects, but
also those of other princes and States, and committing divers Irregularities, they
may very much dishonor Our Service ; For preventing thereof You are to oblige
the Commanders of all such Ships, to which You shall grant Commissions, to wear
no other Colours than such as are described in an Order of Council of the 7th of
January 1730 in relation to Colours to be Worne by all Ships and Vessels, Except Our
Ships of War.
67. And Whereas there have been some great Irregularities in the manner of
Granting Commissions in the plantations to private Ships of War, You are to govern
yourself, whenever there shall be Occasion according to the Commission and Instructions granted in this Kingdom but You are not to grant Commissions of Marque or
Reprisal against any prince or State or their Subjects in Amity with TJs to any
person whatsoever without Our Especial Command.
68. Whereas We have been Informed that during the time of War Our Enemys
have frequently got Intelligence of the State of our plantations by Letters from
private persons to their Correspondence in Great Britain, taken on Board * Ships
coming from the plantations, which has been of Dangerous Consequence ; Our Will and
Pleasure therefore is, that You signify to all Merchants, Planters and others, that
they be very Cautious in time of War whenever that shall happen in giving any
Account by the Letters of the publick State and Condition of Our province under
your Government ; And You are further to give directions to all masters of Ships or
other persons to whom you may Entrust Your Letters, that they put such Letters
into a Bag, with a Sufficient Weight to sink the same Immediately in case of Imminent Danger from the Enemy, and You are also to let the Merchants and Planters
know, how greatly it is for their Interest that their Letters should not fall into the
Hands of the Enemy ; and therefore that they should give like Orders to Masters of
Ships in Relation to their Letters ; and You are further to advise all Masters of Ships
that they do sink all Letters in Case of Danger in the manner before mentioned—
69.—And Whereas the Merchants and Planters in Our plantations in America
have, in time of War, Corresponded and traded with” our Enemies, and carried
CONSTITUTIONAL DOCUMENTS 225
SESSIONAL PAPER No. 18
Intelligence to them, to the great Prejudice and Hazard of Our said plantations ; You
are therefore by all possible Methods, to endeavour to hinder such Trade and Correspondence in time of War—
70. And You are to Report to Us, by one of Our principal Secretaries of State ;
What is the Nature of the Soil and Climate of the province under your Government,
if it differs in those Circumstances from Our other Northern Colonies, in what that
Difference consists, and what beneficial Articles of Commerce the different parts of it
are capable of producing ?—
What Rivers there are, and of what extent and convenience to the planters 1
What are the principal Harbours, how situated, of what extent, and what is the
Depth of Water and Nature of the Anchorage in each of them 1
What Quantity of Land is now under actual Improvement and Settlement 1 what
are the chief Articles of produce and Culture, the annual amount of the Quantity of
each, and upon what Terms and Conditions the Inhabitants hold their Lands, either of
Cultivation Rent, or personal Service ?—
What is the Quantity, Nature and property of the Land uncultivated, how much
•of it is capable of Culture, and what part thereof is private property 1—
What is the number of Inhabitants, Whites and Blacks distinguishing each ; what
number of the former is capable of bearing Arms, and what number of the latter is
annually necessary to be supplied in proportion to the Land Cultivated.
What was the nature, form and Constitution of the Civil Government ; what
Judicatures were there Established, and under the Regulations did the french
Inhabitants carry on their Commerce ; and You are to transmit a Duplicate of such
Account to Our Commissioners for Trade and plantations for their Information.
71. You are from time to time to send unto Us by One of Our principal Secretaries
of State as aforesaid ; An ‘account of the Increase and Decrease of the Inhabitants,
W hites and Blacks ; And also an Account of all persons, Born, Christened and Buried
and You are to Transmit duplicates of such Accounts to Our Commissioners for
Trade and plantations for their Information.
72.—Whereas it is absolutely necessary that We be exactly Informed of the State
of Defence of all our plantations in America, as well in Relation to the Stores of
War that are in each plantation, as to the Ferts and Fortifications there, and what
more may be necessary to be built for the Defence and Security of the same, You are
as soon as possible to prepare an Account thereof with Relation to Our said province
in the most particular manner, and You are therein to Express the present State of the
Arms, Ammunition, and other Stores of War, belonging to the said Province, either
in publick Magazines, or in the Hands of private persons ; together with the State of
all places, either already forfeited or that you Judge Necessary to be forfeited
for the Security of Our said province ; and You: are to transmit the said
Accounts to Us by One of Our Principal Secretaries of State, and also Duplicates
thereof to Our Commissioners for Trade and Plantations, for their Information, and
also a Duplicate thereof to Our Master General or Principal Officers of Our Ordnance ;
which Accounts are to Express the particulars of Ordnance, Carriages, Balls, Powder,
and other Sorts of Arms, and Ammunition in Our publick Stores, and so from time to
time of what shall be sent to you, or bought with the publick Money, and to Specify
the time of ^the disposal and the Occasion thereof ; and You are half yearly to transmit
a General Account of the State of the Fortifications and Warlike Stores, specified in
the manner above mentioned—
73. You are from time to cime to give an Account what Strength your Neighbours
have by Sea and Land, and of the Condition of their plantations, and what Correspondence You keep with them—
74. And in Case of any Distress of any other of Our plantations, You shall, upon
application of the respective Governors thereof unto you, assist them with what aid the
Condition and Safety of Our province under Your Government can spare.
75. If any thing shall happen which may be of advantage or Security to Our
province under Your Government, which is not herein, or by Your Commission provided for, We do hereby allow unto You with the Advice and Consent of Our Council,
18—3—15
226 CANADIAN ARCHIVES
6-7 EDWARD VII., A. 1907
to take Order for the present therein, giving unto Us by One of Our principal Secretaries of State Speedy Notice thereof, that You, may receive Our Ratification, if We
shall approve the same ; Provided always that You do not, by Colour of any power or
Authority hereby given You, Commence or Declare War without Our Knowledge
and particular Commands therein ; and you are also to Transmit duplicate of such
Notice, as aforesaid, to Our Commissioners for Trade and plantations for their Information—
76. And Whereas We have by the first Article of these Our Instructions to You
directed and Appointed, that Your Chief Residence shall be at Quebec, You are nevertheless frequently to Visit the other parts of Your Government, in Order to Inspect
the Management of all publick Affairs and thereby the better to take care, that the
Government be so administered, that no disorderly practice may grow up contrary to
Our Service and the welfare of Our Subjects—
77.—And Whereas great Prejudice may happen to Our service, and the security of
the Province by Your absence from those parts, You are not upon any pretence
whatsoever to come into Europe, without having first obtained leave for so doing from
Us under Our Sign Manual and Signet or by Our Order in Our privy Council; Yet
nevertheless in Case of Sickness, You may go to South Carolina, or any other of Our
Southern plantations, and there Stay for such Space as the Recovery of Your Health
may absolutely require—
78. And Whereas We have thought fit by Our Commission to direct, that in Case of
Your Death or absence from Our said province, and in Case there be at that time no
person within Our said province Oommissionated or Appointed by Us to be Our
Lieutenant Governor or CoiSander in Chief that the Eldest Councillor, who shall be
at the time of Your Death or absence residing within Our said Province under Your
Government, shall take upon him the Administration of Government, and execute
our said Commission and Instructions, and the several powers and Authorities therein
directed—It is nevertheless Our Will and Pleasure that in sudh Case the said President shall forbear to pass any Act or Acts but what are immediately necessary for
the peace and Welfare of the said Province, without our particular Orders for that
purpose, and that he shall not remove or Suspend any of the Members of Our Council,
nor any Judges, Justices of the peace, or other Officers Civil or Military, without the
advice and consent of at least Seven of the Members of Our said Council, nor even
then without good and sufficient Reasons for the same which the said President is by
the first Opportunity to transmit Signed by himself and the rest of Our said Council,
to Us by One of Our principal Secretaries of State, and he is also to transmit a
Duplicate of such Reasons to Our Commissioners for Trade and plantations for their
Information— ,
79 And Whereas We are willing in the best manner to provide for the Support
of the Government of Our Province aforesaid, of which You are Governor, by setting
apart sufficient allowances to such as shall be Our Governor or Commander in Chief
residing for the time being within the same, Our Will and Pleasure is, that when it
shall happen, that You shall be Absent from Our said Province, One full Moiety of the
Salary and all perquisites and Emoluments whatsoever, which would otherwise become
due unto you, shall during the time of Your absence, be paid and satisfied unto Our
Commander in Chief, who shall be resident within our said province for the time
being, which we do hereby Order and allot to him for his Maintenance and for the
better Support of the Dignity of that Our Government.
80. And You are upon all Occasions to send unto Us by One of Our principal
Secretaries of State a particular Account of all Your proceedings, and of the Condition of
for Affairs within Your Government, and also a Duplicate thereof to Our CofSissioners
Trade and plantations, for their Information, except in eases of a Secret Nature—
MEMORANDUM—The Instructions relative to the Acts of Trade and Navigation
for Gov’ Carleton are the same with those given to Gov1
Shirley for the Bahama
Islands—
Plantation Book, 1767-1771 Privy C O . »
Quebec. General Instructions, Gov. Carleton, approved by His Majesty in Council
the day of 1768.
CONSTITUTIONAL DOCUMENTS , 227
SESSIONAL PAPER No. 18
HILLSBOROUGH TO CARLETON.1
WHITEHALL 12th Oct1
1768.
Gov1
CARLETON.
SIR,
* * * * * *
The proper support and enjouragement to be given to the Church of England as
well as the necessary toleration to be allowed to His Majesty’s new subjects in the
exercise of the Roman Catholic Religion, will be matters of serious attention in the
consideration of the general regulations for the Colony of Quebec, which important
business is, I trust, now drawing near to some conclusion.
In the mean time His Majesty does not doubt that you will give all necessary protection to the new subjects in the exercise of their religion ; and is pleased to recommend it to you particularly to countenance the established Church, and to take care
that the Offices of it are administered with a decency corresponding to the purity of its
principles.
* * * * * *
I am &c.
HILLSBOROUGH
CARLETON TO HILLSBOROUGH. 2
Secret Correspondence QUEBEC Nov1
20th 1768.
M Y LORD Since my arrival in this province, I have not been able to make any
discovery, that induces me to give credit to the paper of intelligence inclosed in your
Lordships letter of the 14′” of May last3
; nor do I think it probable the Chiefs of their
own free motion in time of peace, dare assemble in numbers, consult, and resolve on a
revolt ; or that an assembly of military men should be so ignorant, as to fancy they
could defend themselves by a few fireships only, against any future attack from GreatBritain, after their experience in fifty nine. Notwithstanding this, and their decent
and respectful obedience to the Kings government hitherto, I have not the least doubt
of their secret attachments to franco, and think this will continue as long as they are
excluded from all employments under the Brittish Government, and are certain of being
reinstated, at least in their former Commissions under that of france, by which chiefly
they supported themselves, and families.
When I reflect, that france naturally, has the affections of all the people ; that, to
make no mention of fees of Office & the vexations of the Law, we have done nothing to
Gain one man in the province, by making it his private interest to remain the King s
Subject; and that the interests of many would be greatly promoted by a revolution; I
own, mv not having discovered a treasonable correspondence, never was proof sufficient
to convince me, it did not exist in some degree, but I am inclined to think, if such a
message has been sent very few were entrusted with the secret : perhaps the Court ot
france, informed a year past by Monsr
de Chatelefc, that the King purposed raisign a
Regiment of His new subjects, csused this piece of intelligence to be communicated, to
create a jealousy of the Canadians, and prevent a measure that might fix their attachments to the Brittish government, and probably, of those Savages who have always
acted with them : however that be, on receiving this news from france last Spring, most
of the Gentlemen in the province applied to me, and begged to be admitted into the
M W i i a n Archives Q 5-2, p. r i e T ^ ñ ^ r t i ^ O T i t t e c l refer to the appointment of two ministers
of the Church of England to the parishes of Quebec and Three Rivers, and the objections of Oarleton to
W e of them, formerly a French Jesuit.
2
Canadian Archives, Q 5-2, p. 890. . , , , – , j – A I,;™„
3 This letter does not appear among the State Papers m the Canadian Archives.
18—3–15A
228 CANADIAN ARCHIVES
6-7 EDWARD VII., A. 1907
King’h Service, assuring me they would take every opportunity to testify their zeal, and
gratitude for so great a mark of favour & tenderness, extended, not only to them, but
to their posterity.
When I consider further ; that the Kings dominion here is maintained here but
by a few troops, necessarily dispersed, without a place of security for their magazines,
for their Arms, or for themselves ; amidst a numerous military people, the Gentlemen
all Officers of experience, poor, without hopes that they or their descendants will be
admitted into the service of their present Sovereign, I can have no doubt that france,
as soon as determined to begin a war will attempt to regain Canada, should it be
intended only to make a diversion, while it may reasonably be undertaken with little
hazard, should it fail, and where so much may be gained, should it succeed. But should
france begin a War in hopes the Brittish-colonies will push matters to extremities, and
she adopts the project of supporting them in their independent notions, Canada,
probably, will then become the Principal scene, where the fate of America may be
determined. Affairs in this situation, Canada in the hands of france would no longer
present itself as an enemy to the Brittish colonies, but as an ally, a friend, and a protector of their Independency. Your Lordship must immediately perceive the many
disadvantages Great Britain would labour under in a war of this nature ; and on the
other hand, h JW greatly Canada might for eVer Support the Brittish interests on this
Continent, for it is not united in any common principle, interest, or wish with the other
Provinces, in opposition to the Supreme-seat^ of Government, was the King’s dominion
over it only strengthened by a Cittadel, which a few national troops might secure, and
the natives attached, by making it their interest to remain His Subjects.
My letters to the Ear] of Shelburne JSTo— 20, 23, 24, 25, & 26,1
contain more fully
my humble opinion of the measures necessary to obtain this desirable End, convinced,
that the affections of the Canadians, or a great force, is necessary to secure this province in time of War, or, at least, till the marine of france is thoroughly subdued : to
those letters I refer your Lordship for further particulars, and am, with great regard,
and esteem,
Your Lordships most Obedient & most humble Serv’
GUY CARLETON
To the Earl of Hillsborough
A DRAUGHT of An Intended Report of the Honourable the Governor in
Chief and the Council of the Province of Quebec to the King’s most
Excellent Majesty in his Privy Council ; concerning The State of the
Laws and the Administration of Justice in that Province. ~
May it please your Majesty,
In humble obedience to your Majesty’s order in council, of the 28th day
of August 1767,3
wherein your Majesty is please i to order that we should
report to your Majesty,
First. Whether any, and whaf
, defects are now subsisting in the present
state of Judicature in this your Majesty’s province of Quebec :
And Secondly. Whether the Canadians are, or think themselves, aggrieved
according to the present administration of justice : wherein, and in what
respects ; together with our opinions of any alterations or amendments that
we can propose for the general benefit of the said province ; and that such
alterations and amendments, for the clearer apprehension thereof, be trans1
For Nos. 20, 23 & 26, see pp. 196, 201, 205. No. 24 is ‘ Carleton to Shelburne ‘ Jan. 18th, 1768, enclosing
Minutes of Council from Oct. 1st to Dec. 31st, 1767. See Q 5-1, p. 351. No. 25 is ‘ Carleton to Shelburne,’ Jan. 19th, 1768, enclosing petition of merchants with reference to bankruptcy law. See Q 5-1, p.
s
From A Collection of Several Commissions, and other Public Instruments, Proceeding from his
Majesty’s Boyal Authority, Relating to the Province of Québec. Collected by Francis Maseres, Attorney
General of the Province. London : 1772, p. 1. Given also in Canadian Archives, Q 56-2.
8
See p. 199.
CONSTITUTIONAL DOCUMENTS 229
The laws of
England are
generally
The commission of the
chief justice
SESSIONAL PAPER No. 18
mitted to your Majesty in the form of ordinances, b u t not passed as such ;
and t h a t such report be returned, signed by your Majesty’s governor, or his
locum tenens, the chief justice, a n d attorney general of t h e said province ;
b u t that, if they should not concur, t h e person or persons differing in
opinion should be required to report the difference of his opinions, together
with his reasons for such difference of opinion, fully and a t large :
W e lay before your Majesty the following view of the laws and customs
which a t present prevail in this province, and of the rules of decision
observed b y your Majesty’s courts of judicature in the administration of
justice, together with such observations on these heads as the experience
we have had in our respective offices since we have had t h e honour to serve
Your Majesty in this province has enabled us to make.
I n the first place, we beg leave to observe to your Majesty, t h a t the laws
of England are generally supposed to be in force in this province. All
thoughttobe criminal proceedings have been carried on according to these laws : and in
in force in this civil matters no other laws are cited, or appealed to, or allowed to be of
province. a n y w € ¿ght; in the courts of justice ; though in one or two causes certain
customs t h a t prevailed here in the time of the French government have
been admitted as t h e grounds of t h e decisions, because the causes of action
in those litigations had arisen either in t h e time of the French government,
or during your Majesty’s government of this province by your military
commanders, during which period the ancient laws and usages of the country
were supposed to be in force. B u t since the establishment of civil governm e n t your Majesty’s chief justice of the province has acted by virtue of a
commission1
t h a t commands him to decide all matters t h a t come before
refers to them. h j m according to the laws and customs of that part of your Majesty’s kingdom of Great Britain called England, and the laws, ordinances, rules, and
regulations of your Majesty’s province of Québec hereafter in that behalf to
be ordained and made : so t h a t he is not a t liberty to allow of any other
laws or customs b u t those of England, unless they are expressly introduced
or revived by some of the ordinances of the province made since the establishment of the civil government. A n d further, besides this commission,
there is an express ordinance of the province which obliges both your
Majesty’s chief justice and the other judges of the province to follow t h e
same rule of judgment. This is t h e ordinance of t h e l 7 t h o f September
1764,2
passed by the governor and council of the province upon t h e introduction of t h e civil government, to erect and constitute t h e courts of justice
by which t h e said civil government was to be carried on. This ordinance
erects, in t h e first place, one superior court of judicature, called t h e King’s
Bench, in which it directs t h a t your Majesty’s chief justice of t h e province
shall preside, with power and authority to hear and determine all criminal
and civil causes, agreeable to the laws of England and to the ordinances of
this province : and, in t h e second place, a n inferior court of judicature,
called the Court of Common Pleas, with power and authority to determine
all property above the value of ten pounds, w i t h a liberty to either p a r t y
to appeal to the superior court, or court of King’s Bench, where the m a t t e r
in contest is of the value of t w e n t y pounds, or upwards ; and directs t h a t
t h e judges in this court shall determine t h e matters before them agreeable
to equity, having regard nevertheless to the laws of England as far as the
circumstances and situation of things will permit, until such time as proper
ordinances for the information of the people can be established by the governour and council, agreeable to the laws of England ; and i t farther directs.
that the French laws and customs shall be allowed and admitted in all causes
in this court between the natives of this province, where the cause of action
arose before the 1st day of October 1764. I t then, in the t h i r d place, gives
So does the
ordinance of
the 17th of
September
1764.
Purport of
this ordin1
See Commission of Chief Justice Hey ; p.
2
See p. 149.
190.
CANADIAN ARCHIVES
6-7 EDWARD VII., A. 1907
powers to justices of the peace to determine matters of property of small
value in a summary way, either singly, if the matter in dispute does not
exceed the value of five pounds, or in conjunction with each other in weekly
and quarterly sessions, where the matter in contest is of a greater value.
The words of this ordinance, by which these things are ordained, are of the
tenor following :
” Whereas it is highly expedient and necessary for the well governing of
” his Majesty’s good subjects of the province of Quebec, and for the speedy
” and impartial distribution of justice among the same, that proper courts of
” judicature, with proper powers and authorities, and under proper regula-
” tions, should be established and appointed ; his excellency the governor, by
” and with the advice, consent, and assistance of his Majesty’s council, and
” by virtue of the power and authority to him given by his Majesty’s letters
” patent under the great seal of Great Britain, hath thought fit to ordain
” and declare, and his said excellency, by and with the advice, consent, and
” assistance aforesaid, doth hereby ordain and declare ;
” That a superior court of judicature, or court of King’s Bench, be estab-
” lished in this province to sit and hold terms in the town of Quebec twice
” in every year, viz. one to begin on the 21st day of January, called Hilary
” term, the other on the 21st day of June, called Trinity term.
” In this court his Majesty’s chief justice presides, with power and
” authority to hear and determine all criminal and civil causes, agreeable
” to the laws of England and.to the ordinances of this province; and from
•” this court an appeal lies to the governor and council, where the matter
” in contest is above the value of three hundred pounds Sterling ; and from the
” governor and council an appeal lies to the King and council, where the
” matter in contest is of the value of five hundred pounds Sterling, or
” upwards.
” I n f i l l trials in this court all his Majesty’s subjects in this colony are to
” be admitted on juries without distinction.
” And his Majesty’s chief justice once in every year to hold a court of
” assize and general gaol delivery, soon after Hilary term, at the towns of
” Montreal and Trois-Rivieres, for the more easy and convenient distribu-
” tion of justice to his Majesty’s subjects in those distant parts of the pro-
” vince.
” And whereas an inferior court of judicature, or court of Common Pleas,
” is also thought necessary and convenient, it is further ordained and
” declared, by the authority aforesaid, that an inferior court of judicature,
” or court of Common Pleas, is hereby established, with power and authority
” to determine all property above the value of ten pounds, with a liberty
” of appeal to either party to the superior court, or court of King’s Bench,
” where the matter in contest is of the value of twenty pounds, and
” upwards.
” All trials in this court to be by juries, if demanded by either party;
” and this court to sit and hold two terms in every year at the town of
” Quebec, at the same time with the superior court, or court of King’s
” Bench. Where the matter in contest in this court is above the value of
” three hundred pounds Sterling, either party may (if they shall think
” proper) appeal to the governor and council immediately, and from the
” governor and council an appeal lies to the King and council, where the
” matter in contest is above the value of five hundred pounds Sterling, or
” upwards.
” The judges in this court are to determine agreeable to equity, having
” regard nevertheless to the laws of England, as far as the circumstances and
” present situation of things will admit, until such time as proper ordinances
” for the information of the people can be established by the governor and
‘ council, agreeable to the laws of England.
CONSTITUTIONAL DOCUMENTS 231
SESSIONAL PAPER No. 1S
” The French laws and customs to be allowed and admitted in all causes
” in this court between the natives of the province, where the cause- of
” action arose before the first day of October one thousand seven hundred
” and sixty-four.
” The first process in this court to be an attachment against the body.
” An execution to go against the body, lands, or goods of the defendant.
” Canadian advocates, proctors, &c. may practise in this court.
” And whereas it is thought highly necessary for the ease, convenience,
” and happiness of all his Majesty’s loving subjects, that justices of the
” peace should be appointed for the respective districts of this province,
” with power of determining property of small value in a summary way, it
” is therefore further ordained and declared, by the authority aforesaid, and
” full power is hereby given and granted to any one of his Majesty’s justices
” of the peace, within their respective districts, to hear and finally deter-
” mine in all causes or matters of property not exceeding the sum of five
” pounds current money of Quebec ; and to any two justices of the peace,
” within their respective districts, to hear and finally determine in all
” causes or matters of property not exceeding the sum of ten pounds said
” currency ; which decisions being, within, and not exceeding the aforesaid
” limitation, shall not be liable to an appeal ; and also full power is, by the
” authority aforesaid, given and granted to any three of said justices of
” the peace to be a quorum, with power of holding quarter sessions in their
” respective districts every three months, and also to hear and determine
” all causes and matters of property which shall be above the sum of ten
” pounds, and not exceeding thirty pounds current money of Quebec, with
” liberty of appeal to either party to the superior court, or court of King’s
” Bench. And it is hereby ordered, that the aforesaid justices of the peace
” do issue their warrants directed to the captains and other officers of the
” militia in this province, to be by them executed, until the provost-
” marshal, legally authorized by his Majesty, shall arive, and other inferior
” officers be appointed for that purpose > all officers, civil and military, or
” other his Majesty’s loving subjects, are hereby commanded and required
” to be aiding and assisting to the said justices and officers of militia in the
” due execution of their duty. And it is further ordered and directed, by
” the authority aforesaid, that two of the said justices of’ the peace do sit
” weekly in rotation, for the better regulation of the police and other
” matters and things in the towns of Quebec and Montreal, and that the
” names of the justices who are to sit in each week be posted up on the
” door of the Session-house by the clerk of the peace, two days before their
” respective days of sitting, that all persons may know to whom to apply
” for redress.”
The ordinance .”Further, by another ordinance of your Majesty’s governour and council,
of the 6th of dated the 6th day of November 1764, ‘ it is ordained, that until the 10th day
jig] e m b 6 r of August next, that is, of August 1765, the tenures of lands, with respect
to such grants as are prior to the cession of Canada to the Crown of Great
.Britain by the definitive treaty of peace of February 1763, and the rights
of inheritance, as practised before thai period, in such lands, shall remain
to all intents and purposes the same, unless they shall be altered by some
declared and positive law. The words of this ordinance relating to this
subject are of the tenor following :
The words of ” Whereas it appears right and necessary to quiet the minds of the people
this ordinance « i n r e g a r d to their possessions, and to remove every doubt respecting the
” satne^ which mar any ways tend to excite and encourage vexatious law-
” suits’; and until a matter of so serious and complicated a nature, fraught
” with many and great difficulties, can be seriously considered, and such
‘ ” measures therein taken as may appear the most likely to promote the wel1
Hee p. 16f>.
232 CANADIAN AU0HI7MS
6-7 EDWARD Vil., A. 1907
” fare and prosperity of the province in general, his excellency, by and
” with the advice and consent of his Majesty’s council, doth hereby ordain
” and declare that, until the 10th day of August next, the tenures of lands,
” in respect to such grants as are prior to the cession thereof by the defini-
” tive treaty of peace signed at Paris the 10th day of February one
” thousand seven hundred and sixty-three, and the rights of inheritance, as
” practised before that period, in such lands or effects, of any nature
” whatsoever, according to the custom of this country, shall remain to all
” intents and purposes the same, unless they shall be altered by some
1
” declared and positive law ; for which purpose the present ordinance shall
” serve as a guide and direction in all such matters to every court of record
” in this province. Provided that nothing in this ordinance contained shall
” extend, or be construed .to extend, to the prejudice of the rights of-the
” Crown, or to debar his Majesty, his heirs or successors, from obtaining by
” due course of law in any of his courts of record in this province, accord-
” ing to the laws of Great Britain, any lands or tenements, which at any
” time hereafter may be found to be vested in his Majesty, his heirs or suc-
” cessors, and in the possession of any grantee or grantees, his, her, or their
” assigns, or such as claim under them by virtue of any such grants as
” aforesaid, or under pretence thereof, or which hereafter may be found -to
” have become forfeited to his Majesty by breach of all or any of the con-
” ditions in such grants respectively mentioned and contained.”
Conclusion By this latter ordinance we conceive that all the lands in this province,
necessarily w n o s e o-ç^^g n a v e died since the 10th day of August 1765, are meant to
this ordinance be subjected to the English law of inheritance, and to the English custom
in favour of 0f dower, and to the English rules of forfeiture to your Majesty for high
tton,
ofr
theUC” treason, or escheat to your Majesty, or to such other lord of whom they are
laws of holden, for felony or defect of heirs, and to all the other rules of the English
England. i a w relating to land-property, even though the said lands had been originally granted before the signing of the definitive treaty of peace ; and that
all lands granted since the said peace were already, at the time of making
the said ordinance, subject to the said English rules and customs, and were
so to continue.
By these two ordinances, which have been transmitted to your Majesty
and never disallowed, and are therefore supposed to have received the sanction of your Majesty’s royal approbation, the Canadian laws and customs
have been generally supposed to be abolished, and the English laws and customs to have been introduced in their stead, and the judges of your Majesty’s courts of judicature in this province have conceived themselves to be in
conscience bound to administer justice according to the laws of England.
Other public Besides these two ordinances there are several other public instruments
instruments and acts of government by which the laws of England are supposed to have
tended topro- been introduced into this province. Some of these instruments are acts of
duce the same parliament, which introduce those particular parts of the laws of England,
effect. to which they relate, into this province ; and others of them are instruments of a high and important nature, that bear the sanction of your Majesty’s royal authority, by which it is generally understood to have been
your royal pleasure to abolish the former laws and customs of this province,
and for the sake of governing your new Canadian subjects in a milder and
more indulgent manner than they had heretofore been used to, and associating and connecting them with the greater part of your ancient and natu-
, ral-born subjects of Great Britain by the strong tie of an union and communion of laws, to introduce the laws of England in their stead. These
acts of parliament and other instruments of government are as follows ;
Acts of Par- The acts of parliament that relate to this province are of two kinds ;
liament. some of them are prior to the conquest of this province by your Majesty’s
arms in the year 1760, but extend to your Majesty’s future American
CONSTITUTIONAL DOCUMENTS 233
SESSIONAL PAPER No. 18
dominions, as well as those which belonged to the Crown of Great-Britain
at the times of passing them, either by express words for that purpose, or
by some general words that have been deemed by your Majesty’s ministers
and law-officers, by just construction in law, to comprehend them ; and
others of the said acts have been passed by your Majesty’s self, by the
advice and with the consent of your parliament, since the conquest and
cession of this province by the last definitive treaty of peace.
Stat. I. Bliz. The most ancient act of parliament of the first kind that we have met
cap. T. with is that of the 1st of Queen Elizabeth, chap. I, by which the pretended
authority of the bishop of Rome was abolished throughout all the dominions of the crown of England. The 16th section of this statute is of the
following tenor : ” And to the intent that all usurped and foreign power
” and authority, spiritual and temporal, may forever be clearly extinguished,
” and never to be used or obeyed within this realm, or any other your
” Majesty’s dominions or countries, may it please your Highness that it
” may be further enacted, by the authority aforesaid, that no foreign prince,
” person, prelate, state, or potentate, spiritual or temporal, shall, at any
” time after the last day of this session of parliament, use, enjoy, or exer-
” cise any manner of power, jurisdiction, superiority, authority, pre-hemi-
” nence, or privilege, spiritual or ecclesiastical, within this realm, or within
” any other your Majesty’s dominions and countries that now be, or here-
” after shall be ; but from thenceforth the same shall be clearly abolished
” out of this realm and all other your Majesty’s dominions for ever ; any
” statute, ordinance, custom, constitutions, or any other matter or cause
” whatsoever to the contrary in any wise notwithstanding.”
By this section of that statute, and the express words, any other your
Majesty’s dominions and countries that now, be, or hereafter shall be, we
humbly apprehend that all exercise of the pope’s authority, or of any ecclesiastical authority derived from him, is prohibited in this province as much
as it is in England itself.
The next section of this act of parliament annexes all ecclesiastical jurisdiction to the crown of England.
The 19th section requires all bishops and other ecclesiastical persons, and
all ecclesiastical officers and ministers, and all temporal judges, justices,
mayors, and other lay or temporal officers and ministers, and every other
person having the Queen’s fee or wages, within the realm of England, or
any other her Highness s dominions, to take the oath of supremacy.
The 24th section enacts, that every temporal person doing homage for his
lands to the Queen, her heirs or successors, or that shall be received into
the service of the Queen, her heirs or successors, shall take the same oath.
And the 27th section enacts, that if any person of any degree whatsoever,
dwelling within the realm of England, or in any other the Queen’s realms
or dominions, shall by writing, teaching, or preaching, maintain or defend
the authority, spiritual or ecclesiastical, of any foreign prince, prelate, person, state, or potentate whatsoever, heretofore claimed, used, or usurped
within the realm of England, or any dominion or country^ being within or
v
under the power, dominion, or obeysanoe of the Queen’s highness, he shall
forfeit all his goods and chattels for the first offence.
We submit it to your Majesty that this statute seems, from the whole
complexion of it, as well as from the positive words, your Majesty’s dominions that hereafter shall be, to have been considered by the legislature
that passed it as an indispensable part of the general policy of the English
government, and to have been intended to take place in every country that
either then made or should thereafter make a part of the dominions of the
crown of England.
The next statute that we have met with of this comprehensive nature is
the statute of the 15th of Charles the Second, chap. 7, intitled, ” A n Act
234 ‘ CANADIAN ARCHIVES
6-7 EDWARD VII., A. 1907
Stat 15 « for the Encouragement of Trade “. In the 7th section of this statute it is
^ar. . cap. e n a c ^ e ( ] j that after the 25th day of March 1664, no commodity of the growth
or manufacture of Europe shall be imported into any land, island, plantation, colony, territory, or place to his Majesty belonging, or which shall
hereafter belong unto, or be in the possession of, his Majesty, his heirs
and successors, in Asia, Africa, or America (Tangier only excepted) but
what shall be laden and shipped in England, Wales, or the town of Berwick
upon Tweed, and in English-built shipping.
Stat. 7 and 8 Another statute of the same kind is the stat. 7 and 8 Will. I I I . chap.
«TO 22 ^> intitled, ” An Act for preventing Frauds, and regulating Abuses, in the
” Plantation Trade ;” by which it is enacted and ordained, that after the
25th day of March, in the year 1 698, no goods or merchandizes whatsoever
shall be imported into, or exported out of, any colony or plantation to his
Majesty in Asia, Africa, or America belonging, or in his possession, or
which may hereafter belong unto, or be in the possession of, his Majesty,
his heirs or successors, in any ship or bottom but what is or shall be of the
built of England, or of the built of Ireland, or of the built of the said colonies or plantations.
And the other acts of parliament relating to the trade of your Majesty’s
American colonies, though they have not such strong positive words’ in
them as the three statutes above-mentioned, yet are generally understood
to extend to this province as well as to your Majesty’s more ancient American dominions ; and, agreeably to this opinion, your Majesty has caused a
clause to be inserted in ydur commission to your governour of this province,1
directing him to take the oath required to be taken by governours of the
plantations to do their utmost that the several laws relating to trade and
plantations be duly observed ; and this oath he hath accordingly taken.
And your Majesty’s commissioners of the customs have appointed a collector and comptroller of the customs, and other officers necessary _,for the
collection of them, for this part of Quebec, in order to carry all these acts
of parliament into execution.
Stat. 2, Another statute that we understand to be in force in this province,
12 Ann. though made before the conquest of it, and not extended by express words
cap. 18. t o t j l e f u t u r e dominions of the crown of Great Britain, is stat. 2, 12th
Ann. chap. 18, intitled, “An Act for preserving all such Ships and Goods
“thereof which shall happen to be forced on Shore, or stranded, upon the
“coasts of this kingdom, or any other of her Majesty’s dominions.” This
statute, ancl another of the 4th of Geo. I. chap. 12, for enforcing and making the former perpetual, have been declared by your Majesty’s attorney
and solliciter general, in the month of June 1767, in an opinion given by
them to your Majesty’s lords commissioners of trade and plantations, upon
a case stated to them by those lords, to extend to your Majesty’s plantations
in America : and no exception is made in their opinion of those of your
Majesty’s dominions in America which have been acquired since the passing of those statutes. And your Majesty’s ministers have transmitted the
said case and opinion to your Majesty’s governour of this province, upon a
supposition, as we apprehend, that it extends to this province as well as to
all the others.
These are the acts Of parliament passed before the conquest and cession
of Canada that we conceive to be in force in this province by their own
import and operation, and without needing any further act of government
to introduce them.
Some of the acts of parliament passed by your Majesty’s self since the conquest and cession of Canada relating to this province are these that follow :
G** III ^ e ^ r s t °^ * n e s e statutes is that of the 4th year of your Majesty’s
cap. 11. ‘ reign, chap. II, which, amongst other things, enacts, that so much of an
Se’f Instructions tu tío\prnor Murray, Tatter part of sec. 3, p. 133.
CONSTITUTIONAL DOCUMENTS 235
SESSIONAL PAPER No. 18
act made in the 8th year of King George the First, intitled, “An Act for
“giving further Encouragement to the Importation of Naval Stores, and
“for other purposes therein mentioned,” as relates to the importation, of
wood and timber, and of the goods commonly calle 1 Lumber, therein particularly enumerated, from any of your Majesty’s British plantations or
colonies in America, free from all customs and impositions whatsoever,
shall be continued, beyond the times appointed in former acts, to the 29th
of September in the year 1771.
In this statute the words British plantations are generally understood
to relate to this province as well as to your Majesty’s other colonies in
America ; and a copy of this statute has accordingly been transmitted by
the commissioners of your Majesty’s customs in London to your Majesty’s
collector of the customs in this port.
Stat. 4 The next act of parliament of this kind is of the same 4th year of your
Geo. III. Majesty’s reign, chap. 19. This statute expressly relates to this province
o a p ‘ • by name, being intitled, ” An Act for importing Salt from Europe into the
” Province of Quebec in America for a limited Time.” I t enacts, ” that it
” shall be lawful for any of his Majesty’s subjects to carry and import salt
” from any part of Europe into the said province of Quebec in America in
” British ships and vessels manned and navigated according to the act of
_ ” navigation ; any law, statute, usage, or custom to the contrary in any wise
” notwithstanding.”
By these last words it seems to be supposed that all the former laws and
statutes of Great Britain relating to this subject of the importation and
exportation of goods and merchandize, made before the conquest of this
province, are of force in this province as well as in the other British provinces in America.
Stat. 4 Another act of parliament passed by your Majesty, and expressly relating
^
e
° ‘ Í P ‘ to this province, is the statute of the same 4th year of your Majesty’s reign,
Cap’ ‘ chap. 15, intitled, ” An Act for granting certain duties in the British colo-
” nies and plantations in America, and for other purposes.” By this statute
it is enacted, that certain rates and duties therein mentioned shall be paid
upon several species of foreign goods therein enumerated that shall, after
the 29th day of September 1764, be imported or brought into any colony or
plantation in America, which now is, or hereafter may be, under the dominion of your Majesty, your heirs and successors ; and these duties are
accordingly levied and paid in this province.
These are the acts of parliament, or at least some of them (for possibly
there may be others which have escaped our notice) which by their own
import and operation extend, as we conceive, to this province, without the
help of any other instrument or act of government to introduce them : and
therefore such parts of the laws of England as are contained in these statutes are certainly in force in this.province, being introduced into it by the
highest authority, that of your Majesty, or your royal predecessors, in conjunction with both houses of parliament. The remaining parts of the laws
, of England have been introduced, or are generally understood to have been
introduced, by a series of public instruments, or acts of government, founded
on your Majesty’s royal authority alone, without the concurrence of your
parliament. These public instruments and acts of government are as
follows :
Article* of The first of these public instruments is the capitulation granted by your
¿ r a S t o t h Majesty’s general, Sir Jeffrey Amherst, to the inhabitants of Canada at the
Canadians by” general surrender of the whole country to your Majesty’s arms in the year
«Ten^Amlierst, 1760.1
In the 42d article of this capitulation it is desired by the French
“vrtiolp 42d commander, on the behalf of the French and Canadian inhabitants of this
1
S P P Capitulation of Montreal, p. 8.
236 CANADIAN ARCHIVES
6-7 EDWARD VII., A. 1907
province, that they shall continue to be governed according to the custom
of Paris and the laws and usages established in this country ; to which it is
answered by your Majesty’s general, that they become subjects to the King :
by which it should seem, that these your Majesty’s new subjects in this
province were put upon the same footing as your Majesty’s other subjects
in other parts of your Majesty’s British dominions with respect to the laws
by which they were to be governed, and the power of legislation that was
to be exercised over them for the time to come ; and that the continuance
or abolition of their former laws and customs was to depend entirely upon
the future counsels which’your Majesty, in your royal wisdom, should find
it expedient to pursue.
Article 27th The 27th article of this capitulation demands, that the free exercise of
the Roman Catholic religion shall subsist intire, in such manner that all the
people shall continue to assemble in the churches and to frequent the sacraments as heretofore, without being molested in any manner, directly or indirectly ; and then it goes on and demands, in the second place, that the
people shall be obliged by the English government to pay the priests the
tithes and all the taxes they were used to pay under the government of the
Erench king. The general’s answer to this article is as follows : ” Granted,
” as to the free exercise of their religion. The obligation of paying tithes
” to the priests will depend on the King’s pleasure.” By this answer it is
evident that a bare toleration, or permission to exercise freely the Roman
Catholic religion, without being molested for so doing by the execution of
the penal laws of England upon that subject, is granted to the Canadians,
together with a reasonable use of their churches for that purpose, though
not, as we conceive, to the intire exclusion of your Majesty’s Protestant
subjects from making use of the same churches likewise : but a legal establishment of that religion, with a right to exact their tithes from the people as
legal dues and not as voluntary contributions, is refused them, until your
Majesty’s pleasure shall otherwise direct, which your Majesty has not yet
judged expedient to do. By this refusal all those parts of the Canadian
, laws and usages relating to the payment of tithes and other church dues
are either abolished or suspended.
Article 31st ‘ The 31st article of the same capitulation is as follows : “The bishop shall,
” in case of need, establish new parishes, and provide for the re-building of
“his cathedral and his episcopal palace ; and, in the mean time, he shall
” have the liberty to dwell in the town or parishes, as he shall judge proper.
” He shall be at liberty to visit his diocese with the ordinary ceremonies,
” and exercise all the jurisdiction which his predecessor exercised under the
” Erench government, save that an oath of fidelity, or a promise to do
” nothing contrary to his Britannic Majesty’s service, may be required of
” him. ” To this article your Majesty’s general made the following answer :
” This article is comprised under the foregoing.” Now the foregoing, or
30th, article is directly refused ; therefore this article must be deemed to
be refused likewise : and consequently by this refusal all those parts of the
Canadian laws and customs that give a right to the bishop of Quebec to
establish new parishes, and to provide for the re-building of his cathedral
and his episcopal palace, and to visit his diocese with the ordinary ceremonies, and to exercise the jurisdiction which had been exercised by his
predecessors under the Erench government, are abolished ; and your
Majesty’s ecclesiastical supremacy is vindicated and supported in a manner
agreeable to that important and universal statute of the 1st of Queen Elizabeth above cited.
„, , „ . The next public instrument relating to the condition of this province is the
tive treaty definitive treaty of peace concluded at Paris on the 10th day of February
of peace. 1763.1
I n the fourth article of this treaty it is declared, that your Majesty
1
See Treaty of Paris, 1763, p. 73.
CONSTITUTIONAL DOCUMENTS 237
SESSIONAL PAPER No. 18
will give the most effectual orders that your new Roman Catholic subjects
may profess the worship of their religion according to the rites of the
Romish church, as far as the laws of Great Britain permit. By this reference to the laws of Great Britain it should seem to have been your Majesty’s
intention that those laws should be the fundamental rule of government in
this province.
The King’s The next public instrument relating to this subject, and upon which great
m o S ” 1 1 s t r e s !
h a s b e e n l a i d h
y
a11 y ° u r M a J
e f ! ty’s British subjects that have resorted
1763. to this province, is your Majesty’s royal proclamation of the 7th of October
1763,1
which seems to have had principally in view the profit and advantages that might accrue to your Majesty’s British subjects by resorting to,
or settling in, the countries that had lately been ceded to your Majesty by
the definitive treaty of peace. By this very solemn and important instrument, passed under your Majesty’s great seal of Great Britain, it is declared,
that ” your Majesty, being desirous that all your Majesty’s loving subjects,
” as well of your kingdoms as your colonies in America, may avail them-
” selves, with all convenient speed, of the great benefits and advantages
” that must accrue from the great and valuable acquisitions lately ceded to
” your Majesty in America, to their commerce, manufactures, and navi11 gation, has thought fit, with the advice of your privy council, to erect
” four new governments to be stiled and called by the names of Quebec,
” Bast Florida, West Florida, and Grenada; and that, as it will greatly
” contribute to the speedy settling the said new governments that your
” Majesty’s loving subjects should be informed of your Majesty’s paternal
” care for the security of the liberty and properties of those who are or
* ” shall become inhabitants thereof; your Majesty hath thought fit to publish
% ” and declare, by that your Majesty’s proclamation, that your Majesty has,
” in the letters patent under the great seal of Great Britain by which the
” said governments are constituted, given express power and directions
” to your governours in the said new colonies, that, so soon as the state
” and circumstances of the said colonies will admit thereof, they shall, with
•’ the advice and consent of the members of your Majesty’s councils,
” summon and call general assemblies within the said governments, ih such
” manner and form as is used and directed in those colonies and provinces
” in America which are under your Majesty’s immediate government ; and
” that your Majesty has also given powers to the said governours, with
” the consent of your Majesty’s said councils, and the representatives so to
” be summoned 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, as near
” as may be to the laws of England, and under such regulations and restric-
” tions as are u.sed in other colonies.” And then it is further declared in
your Majesty’s said proclamation, ” that in the mean time, and until such
” assemblies can be called as aforesaid, all persons inhabiting in or resort-
” ing to your Majesty’s said colonies may confide in your Majesty’s royal
^ protection for the enjoyment of the benefit of the laws of your realm of
” England; and that for that purpose your Majesty had given power under
” the great seal to the governours of your Majesty’s said new colonies to
” erect and constitute, with the advice of your Majesty’s said councils
” respectively, courts of judicature and public justice within the said
” 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, with liberty to all persons who may think them-
” selves aggrieved by the sentence of such courts, in all civil cases, to
1
See Proclamation of 1763, p 119
238 CANADIAN ARCHIVES
6-7 EDWARD VII., A. 1907
” appeal, under the usual limitations and restrictions, to your Majesty in
” your privy council.” 1
The sense in These are the words of your Majesty’s said proclamation, and by them
which this t
your Majesty’s British subjects in this province declare that they have
E
roefcmatl0n a l
w a v s understood tbat^the laws of England have been introduced into this
derstood by province, and that it was your Majesty’s intention to assimilate the laws
the British and civil government of it to those of the other American colonies and
inhabitants of provinces which are under your Majesty’s immediate government, and not
‘ lo continue the municipal laws and customs by which the conquered people
had heretofore been governed. And through a confidence in this proclamation, understood in this sense, they say they have quitted their native
country to come and settle in this province, expecting to change only their
climate by such a removal in pursuit of commercial advantages, and not to
become subject to the laws of the conquered people, with which they are
wholly unacquainted, and against which (though perhaps without reason)
they entertain strong prejudices,
and by his And in this sense was this proclamation understood also by your
Majesty’s late Majesty’s late governour of this province and his council, who did not, in
councü°-Ur a racing t n e important ordinance above mentioned, of the ] 7th of September
1764, conceive themselves to be overturning all the ancient laws and
customs of this country, and introducing the laws of England in their
stead, but meant only to erect and constitute courts of judicature to
administer a system of laws, already in being, to wit, the laws of’ England,
which they conceived to have been already introduced there by the words
of your Majesty’s proclamation. And in this sense likewise your Majesty’s
and the lords lords commissioners for trade and plantations, in the month of September
commissioners 1765,2
understood these words in your Majesty’s proclamation : for i n the
for trade and 7 ^ ^ j a a ^ a rtiole of a report made by the said lords commissioners, upon plantations m . . . -, K,. „ , , . , , , . , :.
r
September, certain memorials and petitions from your Majesty s subjects m this pro1765. vince, complaining of the ordinances and proceedings of the governour and
council of this province, and of the then present establishment of courts of
* judicature and other civil constitutions, to the lords of the committee of
” your Majesty’s privy council for plantation affairs, dated on the 2d day of
September in the said year, the said lords commissioners of trade propose,
that in all cases where rights or claims are founded on events prior to the
conquest of Ganada, the several courts shall be governed in their proceedings
by the French usages and customs which have heretofore prevailed in respect
to such property ; from which words it appears plainly that their lordships
understood that in all cases, where rights and claims are founded on events
posterior to the said conquest, the several courts of justice were to be
governed by the English laws, and that their lordships were sollicitous to
make an express provision, that this general rule of deciding cases according to the English laws should not be applied to such causes as were
founded on events that were prior to the said conquest, in which cases it
would be manifestly unjust.
The more con- We know at the same time that your Majesty’s attorney and soliieitor
tmed sense m genev&\í
{n the following month of April 1766,3
understood the words of
understood by your Majesty’s royal proclamation in a more confined sense, as being introhis Majesty’s ductive of only some select parts of the laws of England that were more
sollieftor gen- particularly beneficial to your Majesty’s English subjects, and not of the
eral, in April whole body of those laws.