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 1 
 
 2 
 
 3 
 
 
 1 
 
 2 
 
 3 
 
 « 
 
 5 
 
 6 
 
ANSWER 
 
 TO AM 
 
 INTRODUCTION 
 
 TO 
 
 JUDGES OBSERVATIONS, &c. 
 
 WITH 
 
 REMARKS 
 
 • O.V THE 
 
 LAWS AND GOv^ERN.MENT 
 
 OFT :\ 2 
 
 PROVINCE OF QJJEEEC. 
 
 S'.;:^;!.- 
 
..■' I 
 
 ANSWER 
 
 TO AN 
 
 INTRODUCTION 
 
 TO THE 
 
 OBSERVATIONS 
 
 MADE BY THE 
 
 JUDGES OF THE COURT OF COMMON PLEAS, 
 
 FOR THE 
 
 DISTRICT OF QUEBEC. 
 
 UPON THE 
 
 PRAL AND WRITTEN TESTIMONY ADDUCED UPON THE 
 
 INVESTIGATION, 
 
 INTO THE PAST ADMINISTRATION OF JUSTICE, 
 
 ORDERED IN CONSE«i_UENCE OP AN 
 
 ADDRESS OF THE LEGISLATIVE COUNCIL. 
 
 WITH 
 
 REMARKS ON THE LAWS AND GOVERNMENT 
 
 OF THE 
 
 PROVINCE OF QUEBEC. 
 
 LONDON 
 
 1790, 
 
A N 
 
 ANSWER 
 
 T o 
 
 \ 
 
 JUDGES OBSERVATIONS, Sec. 
 
 WITH 
 
 REMARKS 
 
 ON THE 
 
 LAWS AND GOVERNMENT 
 
 OF 
 
 QUEBEC. 
 
 T 
 
 HE Editorof aPamph'et, to which 
 the prefciit is offered in i\nf\ver, lias IbHcitcd 
 the pubhc to fufpend its judgment, upon 
 the merits of an invelligation into the paft 
 adminifiration of jullicc, in the Colony of 
 Quebec, until the Crown Eaw Ofiicers may 
 report their opinion. And this is faid to 
 
 A be 
 
'f'- 
 
 •/>' 
 
 '■V 
 
 I 
 
 [ 2 1 
 
 be done, with a vlow to remove impivll'oii?, 
 which inirivnrtllMit.uioii;^ in a Pamphlet, 
 entitled, " A S^n'c of the pycfhit Form oJ'Go^ 
 Vi'nimcjit in the Pro-jincc of iljj.'bcc^' may 
 have upon uninformed minds. 
 
 As judges of One Court in t!uU Colony, 
 Meflrs. Mahane, Dup.n, a;id l\;nct, might 
 confidtr themfcdvj.s in\ '.)!\ed, in a general 
 complaint of en-or and wive-X of rule; of 
 iiiccrtainty ^nd irial-adii!inili:raUon of law, 
 that v/as chanred a'-iunll the di'jtrihntim of 
 juf'u\\ in the Pio\ luce (;f (i)vcbcc. Xwpar- 
 cicular, tlic road \va plain, to meet", and an- 
 fwer, ciiarges upon tiiclr conclud, and en- 
 deavour to failain, v.ith lioaor, the places 
 of trull: they held, hy Jheicin^ a conduct and 
 capacity that merited Ois f.ivor of the 
 Crown, and the confidence of its fuhjedls. 
 In place of this, a very different conduce has 
 been taken by thoie Ilcnorabrj Gentlemen. 
 They appear to tlie puhllc^ and exLCUthe 
 powers of Government, t/u-ee out of th'rty 
 Judges, that compofj the Courts of tlie 
 
 Colony, 
 
I 
 
 aniplilet, 
 ■/H of Go- 
 V"," may 
 
 Colonv, 
 
 ' o 
 
 I <:[cncral 
 rule ; of 
 
 of law, 
 'hntijn of 
 
 In par- 
 
 , and an- 
 
 aiid cn- 
 
 le places 
 
 idud and 
 
 (jf the 
 
 vliiCi has 
 ntlwincn. 
 I'x it'll tree 
 ot" tij'rty 
 \ of tlie 
 Colony, 
 
 [ 3 ] 
 
 Colony, to vilify the complainants, and by 
 an unfair rcprcfcntatiun of the caufcb', an- 
 nihilate the grounds of coniplaint. 
 
 The ^-^ncral fcope of obfervations by the 
 Honourable Jud^e^, are to repreknt the ll.itc 
 of coiifufion in the C(;lony, from the pub- 
 lihiii:^'; His Majclly's Proclamation in 1763; 
 and to hold up the cLuira^crSf and ccufi's, of 
 that confufiOn, unto the prefent day. A 
 very curfory and inaccuratj fl<wetch is made 
 of the Government, until palling of the 
 Quebec Bill in 1774. And the Judges {if- ^J^orin- 
 frtf that the clamour and calamny againft "rouc 
 the Courts of Juftice, did ?iot commence 
 rntil after the year 1775. This complaint 
 or clamour againll the adminiftration of 
 \ .Ifice, they confider to have arifen in con- 
 fqucncc of the ^icbcc Bil! ; and not the mif- 
 condudt of the Judges : and proceed to de- 
 fcribe the complaints, as the calumny of 
 men difaffed:ed to the King's Government; 
 and altl(5t to believe, tlvat the warmth of thofe 
 charges, after the year 17S3, had beengene- 
 
 A 2 ^ated 
 
 I'crva- 
 

 [ 4 ] 
 
 ntcd In the diflioncit dcfirc- c-f merchant*?, 
 to evade tlic payment of jufl debts to the 
 Croun. 
 
 That petitions cxprcfTiveorthofe complaints 
 were agitated by the I lonorahle John Coch- 
 rane, iigent to tlie contradors or remitters 
 of puMic money, from refcntmcnt, on account 
 of A'gd/ profecutlons made by Central ILil- 
 dimand, under a letter from the Secretary of 
 the Treafury, containing p^ilit'rcc orders, to 
 exadl payment of the outftanding debts, due 
 for bills of exchange, which the remitter's 
 agent had been authorif.d, by Cieneral Hal- 
 dimand, to fell upon credit. 
 
 That thofe debts ivcrc profjcutcd, agreeable 
 
 to the laws and uju^cs of Canada, that afforded 
 
 Government tlic means of brin<nn'>-^?(f/{'to the 
 
 channel of the National Treafury, very large 
 
 fuii.s that had been dherted, by the remitter's 
 
 agent, to mercantile fpeculations. And hence 
 
 thofe merchants, debtors of the Crown, deeply 
 
 saifieArret. ^ffcded by uucxpeded profecutlons, feizure 
 
 and attachment of effeds, united in clamour 
 
 againlt the laws and courts of Juilice. 
 
 His 
 
icrchant<?, 
 )ts to the 
 
 r;m plaints 
 in Coch- 
 rcinittcrs 
 n account 
 L-nil ILil- 
 :rctary of 
 rdcrs, to 
 .bts, due 
 •emitter's 
 eral Hal- 
 
 agrecablc 
 ; afforded 
 ack to the 
 ery large 
 emitter's 
 Lnd hence 
 ?, deeply 
 , feizure 
 clamour 
 
 J 
 
 uilice. 
 His 
 
 ( 5 ) 
 
 Ills M'.jcriy's Secrjtary of Sti.tc is 
 calu'J fc^rtli, Iv tile Ilonorahle |m!;'cs, to 
 h;ive llron^^ly ilil^p[>rovcd the p(titiv)iis and 
 conjpl.iinls of his MajvAs's old fihjeCls. 
 Ami if! thiole (>Vtr..iVatIon^', the Clucfjulliec 
 is h.ld up, as h.iving uled ewrtions oi' a 
 teml'ricv to ni.ikj his Majellv's fuhlcviLS dil- 
 f iti; hed wiili tlie dirpcnfatif.'n t^i jnPuce in 
 the Colony. — And the 1 IcMiorai^ie Gentle- 
 men draw a c^nchij'on^ that /^ //• conduct z?^ 
 "^[iiJ.gcs is jufliRed, and woidd hifcvy that 
 the complaints and invellljjatlon were dlf- 
 approved, and held as nou^;ht ; ccidcnccdhf 
 the removal of Mr. Monk, the Attorney 
 Gencr-il, for the part he had taken in fip- 
 po'ting the merchants he^jre tlie le„;t:luive 
 council, and the invefii[';ation into charge s, 
 that had been made, a^;ainfl: the pad admi- 
 nillration of Juftice in the Colony; although 
 the Iloiiorable judges llate and admit, 
 (which was the fact) that Mr. Monk ap- 
 peared at thofe boards a prhate aihoratc ibr 
 the merchants, ufin^ thufe exertions, as 
 
 fuch. 
 
' ,4 
 
 I * 
 
 [ 6 ] 
 
 AiJi, by cxprcls {vnni.i'on of the Governor 
 Gfncral, 
 
 111 uii Appendix to tlieJud-esObfervations, 
 documents are puhiiihed, witii intent to 
 ilren-tlien the pjoiure ofliardlliip, they have 
 I'liileiwi, under /.v/V/V aecuLition. — To ihew 
 that t/h-y had aceuied the Attorney General 
 oi" havins^ reHedcd on the deeifions of his 
 Maielly's CouiiclJ, and were not permitted 
 to i;n Ibrward in t/jc/r aeeulation. — To re- 
 prefent theChi^f julliee's eondud,as tendin^^- 
 to kt afloat tlie juiliee of the country, and 
 opprefs them. — To jullify /,6r/> condud, in 
 publicly c/n/yi/ig the principles of deeifions, 
 in the Court of Appeals; and holding out the 
 law to be adminillered in their court, to be 
 diiterent from that which prevailed in the 
 fuperior one ! And, finally, to fhevv that the 
 nc'iv fubjeas had oppofed, what the old had 
 contended ior, by petitions to Parliament ; 
 and tliat tliofe new fubjeds difavowed the 
 dodrines let up in the Court of Appeals. 
 
 It 
 
r 7 ] 
 
 c C;ovcrnor 
 
 bfcrvations, 
 intent to 
 ', they iiave 
 — To ihcw 
 ley General 
 ons of his 
 : permitted 
 . — To re- 
 , as tendinir 
 )untry, and 
 ondudt, ill 
 deci lions, 
 <'fig out the 
 art, to be 
 iled in the 
 vv that the 
 ic old had 
 iirhament ; 
 ^owed the 
 p peals. 
 
 It 
 
 i 
 
 ■ 
 
 ; 
 
 It would feem, from the pidiirc dra\\'n 
 by the Judges of tlie Common Pleius at 
 C^ebec, that the Province was agitated bv 
 parties and fadions. That merchaiits had 
 fought to defraud the Crown of its dues; and 
 from dilloyalty, were now attempting to 
 overturn the laws and conllitution. 'Jliat 
 thofe three Honorable Judges, the faiil.fitl 
 fervants of the Crown, had been onpreifed 
 for their loyalty, in ftanding forth io feeure 
 the revenue, -And/i/pport the true mcthes of 
 Canadian (iovernment. — That the latent 
 principles of thofe difaffeded fubje^'ls, were 
 fully difcovered in tlie year 1779; an.d would 
 iufinuate, that the Government ow^ht tc\ if 
 it did not, aecord v/itli the opinion of thofe 
 Honorable Judges, to pronounce all the 
 complaints, as arihng frum the exertions of 
 d/jhoncjl iiwA dijhyal i\.\.h]{:-3.^\, nuraired in tlie 
 bofom of adiih-acled Colonv ! 
 
 The importance of fuch charges upon, or 
 
 Infinuations againjly the loyalty '/" fuhjeeh, 
 
 wlio have complained, and fou-iu r'.lief, 
 
 X weli 
 
 Sc p. 6 
 
 '.-1 ^ "t' 
 1 ..-.•, (lb. 
 
!( 
 
 I 8 ] 
 
 well merited the deliberate cojifidcratKjii of 
 the Kin-'s Judi^es, befbrc they were coin - 
 mitt.-d to the ^,ublic.— To lUtribute the 
 m^fkrs of 11 petition in i-^r^, agaliiil the 
 (^Lbec Kill, to partifans of tlie revolted 
 Colonies; and to a^i; ^ that the greatefl part 
 of the committee, appoir.ted to prepare fach 
 petilioii, A/./ openly joined the ra)cls In 
 1775, were f^icJrs of delenee the lud'jcs of 
 the Common Pleas have /<:'/. jAv/, to /hew the 
 "/#0' "^if charges' againlt their capacity, to 
 adminifler juflice to his Majelly's fuhjeas 
 in the Province of Qncbec *. 
 
 If- 
 
 * Itisfl.itcJ, " that upon the ni-nval and publication of the 
 Quebec Aa, 5n that colony, tl;e Protcdant Icttlcrs in it I;aJ 
 meetings, nnJ confulteJ about petitions for the repeal or 
 " amr.uhK'nt of the art. Tliat Committees wore appoimed tv> 
 " draw up Petitions to the Kir.a, and to each Houlc of Par- 
 " 1; uncut, prajing for a repeal or iwiaidment of the Qu-bet 
 " Ad." 
 
 'i^hofc Petitioners may, indeed, have oflrnded the Honori-ble 
 Judges of the Conunon Pleas, by complaints uled in th- pe- 
 titions : " That tlie Ids of the ilahfas Corpns ht\, and the pri- 
 vilfjje of Trial by Junes, were their 07ily lecuritr apainft the 
 w«.';u7v c/^;c-;rr.v/.-7w,^f.''J3utthofe complaints will be feen 
 to have been -aifeJ, rather by th^ petitioners'/v»v, than ihitcd 
 as c/.w^cj ihatihouid have drawn down the rcfjntmcnt of tlie 
 
 Ilonorable 
 
 
ifidcratKjii of 
 were coin - 
 t tribute the 
 agaiiiil the 
 h_c revolted 
 greateil part 
 xvepare fdLh 
 L" labels In 
 e Jud'jcs of 
 to fliew tlic 
 ciipacitv^ to 
 ^''s fiibje^lfi 
 
 If- 
 
 ublicr.tion of the 
 :ttlcr,s in it I;;iJ 
 r th'j repeal or 
 iv appointed ta 
 Houic of Par- 
 of the Qu'.bet 
 
 [ the Honorable 
 uk'd in th- pc- 
 t\, and the pri- 
 irity againft the 
 Us will be fcen 
 'V, than ihitcd 
 I'ntincnt of tlie 
 ilonor.'ible 
 
 [ 9 ] 
 
 ir tlie old fiibjec^s, refuient In Canada, 
 who had petitioned in the year i;;:;, and 
 continued thofe intreatles with the Crown 
 to the year 1789, to attain the eihblilhment 
 oi a coniHtution, laws, and government, 
 Jlmilar to thole gmnted to tlie neiglibourinir 
 
 Monorab!.^ Jirlgcs. Ilowfhr fuch/.^rr may have been realized, 
 daiing luc^cn yc::rs cxperienc cf tJic hnvs eilabliihed, or 
 ja:l,ce aJiiiinillcrcd under tliat ad, future enquiry niav explain. s c 
 
 It IS una.Tllood that Mr. Mafercs, agent of the Petitioners, counTofp^o-' 
 dec!..r.a, " that tholb petitions uvre approved by UrdCcvndcn t^ ^, 
 " and S:r Gr^rge S.!vl/I,:, who received the {avac, and under- ''^'''''^''•ts of 
 " took to prefent them to the refpedivc Iloufes of Parli:une.n." ^u''"^.- 
 Whatever grounds the Honorable Judges may have fior their P- ^3^. " " 
 charge upon the committees of ,774, or howe-. er they may 
 have dc^ iated f cnn candor in tlieir afl^rtion., vet it is hoped 
 the Honourable Judges would not mean to infinuate, nor con- 
 clude that all the other figner. to thoil. petitions were to b. cfS;!"'^ 
 co^Miuered as di^oyal fl^'-jccl., the partifcns of revolting 
 Co:omes. .Neither would the Honorable Judges fairlv argue 
 nor concl.:!:-, that all the (l^ eral committees of ^er! 
 cliants, from the vear 17S3 to 1785. or fuch magiUrates and 
 oiucerscf the Crov 1, who may have con.plaincd a^airul the 
 admm^dration of iutUce in that Colony, at any ti^e during 
 /•ruv.v/r-/v years have been aftuated by fadlious or rebellious 
 niotues; r.or that the merchants of London tradino- to C^nbcc 
 nor thoh- member, of i'a-Hanent, or (crvants of^the Cro-n' 
 |vho may errcu.'o^:/l, ha;e dil'.pp.oved .v/M- of the f^ilem of 
 la^vs and government. .. the :;:.d.s in which thev have been 
 >':)d are admmidercd in that Colony, are either '/^v^.cus, ill- 
 
 ^ colonies 
 
[ 10 ] 
 
 colonies in America, my^litfa/'rly be accufcd 
 as fa tl ions, or irtfinuated to be cHjhlfcoU'iU 
 from the circumilancc of liavlni?,- made pe- 
 titions to acquire fiich object;;; the Honor- 
 able Judges lliould rather b.ave exculed the 
 errors of their ccndud, in a mifconllrudloii 
 placed upon the King's Proclamation of 
 1763, and tlie fjveral coniequent a(5is of 
 Government tlvat followed, to tlic year 1774, 
 and the King's hijlrubiions to the Governor, 
 with the C^iebec Bdi in 1775; thnii endea- 
 vored to hold up thofe natural-born fubjedts, 
 as men that aciled from minds d'fpofjd to 
 become the inilrUmcnt^ <:'i rebellion. 
 
 All the Honorable Judges vs^ill not admit, 
 that an o]v,K)iition tr) the adiriiniflration of 
 Government is an ;/// /.';///.••' 7 mark of diilov- 
 aity*. Nor Ihould e.eiv man in an V^^.%~ 
 
 Hill 
 
 * Ti)e Honorable JikI.^^c M,.!.'r':'; ut.s ? w-.cx'o-zx cf v! s 
 Council in 1766, and fingcon nfih.' g;n!iKMi of Qutl)cc. Go- 
 vciTior Murray l.a.l l):\-n r,v:iI'cJ, and f .i--utcr.;i;'t-Gcvcrn>->r 
 Cnrktou fiiccecded to iln; coMiriV-iad. Siicii /.'.v wr.s Mr. 
 M.ibnnc's coiv.i'.Kl, ui oppofition to tl;c L'lcutLr.j.Pt-GovcrrGr, 
 «i!id ^^i\\ ti.c '.i;tion tict lu cni'j..ri,;ca in, or ralfcd arid fup- 
 
 r.ort;d 
 
 i 
 
 1 
 
be accufcd 
 
 diJhjfioleJ^ 
 .>■ m;uic pe- 
 ll (J Ilvonor- 
 :xculcd the 
 onllrudloii 
 mution of 
 :nt a(!is of 
 year 1 774, 
 
 Governor, 
 Iu!U endea- 
 •n ful-jjedt;-;, 
 'ifpolld to 
 
 not admit, 
 :1 rat ion of 
 
 of diiloy- 
 
 O '-\ f ;■ *T O- 
 
 O. . 1 i --/ » . t;^ — 
 
 Hill 
 
 :v:!;;bcr c.f v!.2 
 
 Qut'i)cc. Go- 
 
 •r.art-Govcrnor 
 
 /.',"; wr.'j Mr. 
 
 LUIt-GoVCITGl', 
 
 ■.'iifcd arid fup- 
 '.-.ort;d 
 
 [ '■ ] 
 
 lilh government be concluded as dififfcdled, 
 for djLndin;.;- a Cro\%;i Piof:cution, or com- 
 pLiini;^..;-, when, J}-j^/i d/] 'r •/}, lie flioulJ pre- 
 fiiiiie it a reafo 1 to ijek for relief. 
 
 Th^ lionorable Judges of tlic Common 
 Pleas, h'vc attempted to give an account of 
 the Li\sS and ^o\ riiinjnt aaininiilercd in 
 the Colony, and have d'fr/cJ, '' That the ^^■'•^^' 
 ** convplaints againil the Court;; of Juilice 
 " did /io/ commence, till after the year 
 " 1775 :" And, even /Zvv/, attribute thofc 
 compLiints to be 7'athcr a?ainft the fvflem 
 of government, and laws cftahl'ijhed by the 
 i^ncbcc yl:h than ac'-ainil the mifconduct and 
 errors of the Judges. 
 
 \i the hiilory of Canada, from the con- 
 quefl: to the paffing of the Quebec A(fl, 
 
 ported in the Colony, thr.t tlic L'tuicnant-Govcrnor found the 
 Kint^'s honor ;iiy' intcicvL to require Mr. Mabane bein:^ put 
 out of o!tici', and from amc.^ir the fitlftj of his Majelly's 
 Coiinci', If? wxT hifpcndcd, and t!;L Commander in Chief 
 puSn;'v.d t.) the Colony, in militarv orders that unlefs he 
 ceaf I I'l'S f!c;'i'...is or turbulent diicourfci, he Ihouli be re- 
 moved outof th- ijuniron ! 
 
 B 2 
 
 were 
 
sil 
 
 [ '= 1 
 
 were intended as cfjcntid to a defence by the 
 Honorable Judges, tliey have 'iyt;/ impcr- 
 fcStly fatisfied thofe v/ho wiOi to poflefs a 
 knowledge of that Colony. But it was at 
 all times pnfiimcd, that tlie Honorable Judges 
 knew the many complaints againft the 
 adminiftration of Canadian jufllce, and that 
 they CQuU, at leafl, have referred to public 
 documents, that held forth thofe com- 
 plaints, long prior to the period they fix, of 
 the ^icbcc A61', and to which alone they 
 would now have thofe complaints attributed. 
 Thofe public inrtruments will fliew the 
 complai.>ts of fufferings, in the Colony of 
 Quebec, by the adminiflration of juflice^ 
 and hold up the remedies pointed out by 
 the King's fervants, " in the nomination and 
 « commifjion of men, of prfcfional knou'ledge, 
 to toe ofjicc and trujl of adminijtering jif 
 *' tiee^r 
 
 IS^ofna/I degree of merit has been claimed 
 by thofe Honorable Judges of the Common 
 
 
 * See Appcndi.Vj No. I. 
 
 Pleas, 
 
cnce by tlie 
 very hnpcr- 
 
 poflcfs a 
 t it was at 
 able Judges 
 gainft tbe 
 .', and that 
 
 1 to public 
 bofe com- 
 :hey fix, of 
 
 alone they 
 attributed. 
 \ fliew the 
 Colony of 
 of jufliccj 
 -d out by 
 'nation and 
 knoii'kdgey 
 Bering jnf^ 
 
 :n claimed 
 ; Common 
 
 Pleas, 
 
 [ 13 ] 
 
 Picas, " for the hencjlt -.vhich thr.t Court 
 
 " afforded, (under the hrs:s of Canada,) t7 
 
 " General Ualdimand, on behalf of Cio-eerK:nei.\ 
 
 .| " to recover monies upon orders of his M-i^ 
 
 " JoV-^ Treafury, expreffed hy letters fror,i 
 
 " their Secretary:' A brief hiaory of thofe 
 
 I profecutions has been entercil upon, to 
 
 I (liew, that the Petitioners of i-H^ were 
 
 • debtors to the Crow:-:, who clamored 
 
 I againil the laws and Judges that had /cured 
 
 ' the King's rights; and ti:..it General ILil- 
 
 dimand profecuted thofe fuits, and obtained 
 
 ' thoie benefits, contrary to, or not wiih tlie 
 
 . opinion or aifi fiance of the ylttorney General. ^'"■''''"" 
 
 Thefe ohfervations and claims to favor 
 \ were made m Oclober, 1787. But, in 
 December of that year, the Ilciorablj 
 Judges faw thofe law fuits reprobated as 
 illegal by the highLfc authority; and were 
 mortified to perceive the Governor- General, 
 Lord Dorchciler, in the year itSS, called 
 to the liberal and juil: duty of i" ranting- 
 ] rsleafes to the debtors of Mr. Cechrane, 
 Or Mcills. I larky and Driiiiiiiiciid, on a 
 
 trifling 
 
 S- p. 8 
 t'. ir, Ob. 
 
lii 
 
 y^ 
 
 [ ^4 ] 
 
 trininc compoution, for the dil^rhargc o£ I 
 thofj debts th-c, after General HJdimand's 
 tidv;/?(i profccutious, were llirown to the a •- 
 count c'f the Crov/n! And the Governor 
 Ci'cncral, in the dilcharge of that duty, at 
 c!l tinny, aivJ Vvitjh all thofc debtors that 
 had bt.-cn ilized, attached, or profecuted, 
 Jiipiudihi^, at the coinpofxtion, for a rcbafi 
 and quit claim lo free and fave General Sir 
 Frederick ILiIdiniand, ajid all who aded 
 under him, not even excepting the Honor- 
 able Judges, from fuits in damage's, that 
 might oihcrvclfe have been laid, by reafon of 
 the illegality of i'dck " ^ucry bcnrjicial " at- 
 tachments, upon vviiich the Honorable 
 Judges gave judgment to a moil enormous 
 amount ! 
 
 Neither would it be didicult to (hew, that 
 thofe rcLafes operate a quit claim to up- 
 wards o.t cnc hundred thoiifand pounds 1 that 
 iDould have been received by the public, 
 or flood a clear demand upon, and to be 
 accounted for, by the contradors " for 
 J " fuppl)ing 
 
 M'. >1 
 
t '5 J" 
 
 ciifchargc of 
 1 Hildiinand's 
 wn to the a •- 
 the Governor 
 that duty, at 
 
 debtors that 
 r profccuted, 
 , lor ^ rcLuifi 
 - General Sir 
 1 wiio acted 
 J the Honor- 
 (image's, that 
 
 by reafon of 
 'Hijicial " at- 
 Honorable 
 ail enormous 
 
 :o Hiew, that 
 laim to up- 
 "^ounds ! that 
 the public, 
 and to be 
 dors " for 
 " fuppl)In!j; 
 
 " fiipplylng money to pay the troops nnd 
 " other military expences in Canada," if 
 General lialdinvand l\:d Jolh-ivcd the advice 
 and opinions of Mr. Monk, the Attorney 
 General; if he ^/A/advif- the Conn7-ander in 
 Chief not \.Q interfere with the contractois' 
 debtors, and not to attach a:^d feize> as 
 monies of the pi.jlic, debts that L"roli\< 
 were the property of the contradors or their 
 agent, and not of the Crown; and which 
 the Honorable Judges may //ii:' difcover, the 
 laws of Canada did not authorife; nor anv 
 of thofe favorable decrees, on tlic fuits of 
 General Haldimand, that v.'cre profecuted 
 hy the Solicitor GcncraU ^^nd ?vlr. Ci!7)ict'-\ 
 fjr the benefit, but which turned to the 
 infinite injury , of tlie Crown: Profecutidns 
 that, the Honorable Judges may have fre- 
 quently heard, were not made upon the 
 exprefs refolutions and pojiti'-oe orders ci" the 
 Lords of his Majclliv's Treafurv. 
 
 * " A French lawyer, fccrcUiy and tiar.ilator to tiic 
 " Governor and Cour.cil." 
 
 If 
 
ill 
 
 [ i6 J 
 
 If the King';; Miaillers flood inforinccf, 
 aiul believed, that tlie petitions of 1783, to 
 his Alajefly and both Houfes of Parliament, 
 and the <^ c/c-n:ro:ir articles of complaint 
 ngainlt tlic Jud-cs, proceeded fVom dei'raud- 
 ing debtors to the public, a!id dif.iieded 
 riibjclts, to the Crown, who, iVom llich 
 motives, had " calimini.ited " tlie Kind's 
 
 o 
 
 Courts it is not to be v/ondered that « cbe 
 " ^^rrcturj f ^tatc Jignijlcd to the Go':::r^ior 
 of tL' Frov}:icc (r;^neral Haldim.nd) a 
 ^Jcry Jlrong di^l}ipproLiUu ,f tbojc pcil^ 
 
 <c 
 
 <( 
 
 of 0:.i,na- « -• ,, ^ 
 
 The Honorable Judges fuppofc, that, V 
 f/je very rea/h;i of xh^ dii^pprobation i]gni- 
 ^^d by the King's Mi.ifkr in 17S., another 
 petition was lit about in tlic year folio'A ing. 
 Whatever were tlie particular realons ^ 
 indue, a petition in 1784, nearly iimilar to 
 that of 1783, we cannot align ; but it would 
 fccm by the petition hm, that the evik 
 
 * q,: 
 
 ^■ee Aiiuenuly. No. II. 
 
 complaijicd 
 
 i^ !l 
 
ood inforincc^, 
 IS of 1783, to 
 ^f Parliament, 
 of complaint 
 from dcfraud- 
 
 0, irom i\\ch 
 tiic i\inps 
 
 o 
 
 red that " //;,» 
 
 i:'.uiiniL\nd) a 
 ihojc pctl- 
 
 I' 
 
 ^fc, that, fir 
 'bation ii^nii- 
 
 o 
 
 7>^>3, another 
 ^ar follow :;iir. 
 
 rcuions to 
 
 riy imiilur to I 
 but it would 
 lat the evik 
 
 complaijicd 
 
 [ 17 ] 
 
 complained of had //j/ been remedied; but 
 Jiad inereafcd *, 
 
 Certain Petitions, made by many of the 
 Canadian new fubjeds, termed Counter 
 I'etitions, are referred to: but furely the 
 Honorable Judges do lot mean to draw an 
 argument, that tbcir judical procwdwrs, oi* 
 the praaicc of the King's Courts in Canada, 
 arc approved hy thofe Petitions. 
 
 No document, that we know of, has ap- 
 peared, fandioned by a body of people, or 
 even individuals, that refide in that Colony, 
 or Cireat Britain, who know any thing of 
 the laws, and juftice adminiflered by the 
 King's Courts in the Province of Quebec, 
 to afford the teflimony of approbation. 
 
 That Inch Counter Petitions Ihould take 
 up the p^dincal GpJuions of the Monorablo 
 Judges for funporting the French Lav/s, 
 ;>?;d in the entire latitude {^ranted bv the 
 Quebec Bill, may without much difficulty 
 be accounted for; \vhcn they are 'I'z^w nro- 
 
 Scu Appjr.iix, No. HI. 
 
 ceecjnq: 
 
 sm 
 
Ji^'i;' 
 
 I 
 
 [ iS ] 
 
 cccJiii^ from the Ihimis and exertions of 
 Caiuuli.in liwycrs, and praditioncrs in tlrj 
 Courts of Common Picas, advocates who 
 wii] not l.iy claim to much hno-.vk'tl 'c of the 
 laws of En^dand, propofed to be introduced 
 by tile Chief Jullices bill, as L^roumled upon 
 Ids Majeily's Inllructioiis *. — A brief ac- 
 count of thd cd'/Jl'Sj that led to the inveflic-a- 
 tion Iv.is been ^^iven, by way of introdudioii 
 to the Honorable Judges Remarks, on the 
 oral and written teflimonv; but that ac- 
 count we hold as partial, fallacious, and un- 
 fatisfaclory. The rife of difeord between 
 tlie Courts of Law, is attributed to an opi- 
 nion delivered by the Chief Jufcice, in a 
 cafe of Gray and Grant, and followed by a 
 Bill brought into, and moved in, the le- 
 giflativc Council by the Chief Ji'.iHcej and 
 in which the Honorable Judges complain, 
 that certain preambles to cjiadinp- claufes of 
 the Bill rciiedlcd on the Court of Commoi^ 
 
 Sec Appendix, No. IV. 
 
 Pleas, 
 
xcrtions of 
 !icr,s in the; 
 acatcs who 
 L-(l 'c of the 
 
 introclLiccd 
 inulcd upon 
 L hi'vjt' ac- 
 L* invtflic'-a- 
 lUrodiidion 
 l:s, on the 
 
 t that ac- 
 ts, and Lin- 
 d between 
 to an opi- 
 lice, in a 
 owed by a 
 n, the le- 
 :flicej and 
 
 compliiin, 
 
 cdaufos of 
 ' Common 
 
 Picas, 
 
 'I 
 
 i 
 
 I 19 ] 
 
 Picas " That the Icglhilvc Coimcll njcdcd ^^: r -f 
 ** the propof.-d Law, from a co.iviaion that""'"* 
 '* the fiimc, ill place ofh-aHn-divinons and 
 
 iMc: 
 
 cnrrerenccs, as propolcd, would perpetuate 
 
 i^ " dJilenlions, by elhiHi^hhig djcrcut hirs {,,x 
 I " the inhabitants of ihc fu::^ pjovincc." 
 I " That a di'Tcrcnt La\v ^yv/ax tii.it of 
 " tlie Chi^f JnAiccs Pill war; propof,-d, 
 ^ '♦ (and fupported hj f.vo Jud-;s of t^e 
 , *' Court of Con^mon Picas) and n^.:nv 
 ,. " of the old Til^jc^ils having petitioned to 
 *' be heard bcfbre t!ie Lcgi(htlve C'oundl, 
 " againfl the cnading iiich Bill into a Lau', 
 I *' James Monk, his Maj:lly's Attorney Ge. 
 I " J'^ral, 'lihh iKnuiiJion^ of Lis excelhicv tie 
 \ " C^ovcrnrrQ:n:raJ, appeared as the Counf:!, 
 : " and in beh.ilf of the petitioners, on tlie 
 I - i-Uli of A;.-il, 1 787, to o :^r Realbns 
 " againll the liill." A;:d tins il.ort account 
 of the dlllord between the jud-nvmts of ^^''• 
 the inibrior and luperior Court, and rif^ of 
 the invcftigation, is given, to arrcft the 
 j'^dgment, upon any rcprcfentation to be 
 
 c 2 leen 
 
 mJ iS of 
 
 1 
 
 A 
 
 V 
 
( 20 ) 
 
 Iccii ill the pamphlet entitled •' A StcUc of 
 *• the prcfcnt Form of Go^ccmwcnt in I be Pro- 
 ** iv'/AV of ^^/i'/nr." 
 
 W'licn the ludiies of an Kivjlilh Colony 
 iland impeached lor ineap.ieity to admini- 
 iler its laws, or a wilful perveiiion ofjiir- 
 tice, it is a lerious appeal to the executive 
 hranch of the Britiili Conilitution. That 
 appeal has heen longjifice made, and altliough 
 ibo/e Judges have heen fiijf'ei ed to remain 
 on the feats of juflice, and in the dilpen- 
 fation of law, yet it will he hii^;hly necef- 
 lary that a true llate of fo important a con- 
 fideration ihould foon appear. Puhlic do- 
 cuments that have heen referred to in Ap- 
 pendix, No. I. anil thofe Ihited in two 
 pamphlets ■'^ puhliilied with relLrence to 
 this fuhjeLi, mull e\ ince, ;/:;/ what the Ho- 
 nourable Judg-es have allertcd, '* tluit the 
 
 '* lil, Rc\ic\\ of tiic Cuv. ornmi-nt and Ciiicv.r.icc, ol tlic I'ro- 
 
 7.<\, Si:;»c cS t'lo Pii-Unt l'"(irm :ind Govciiiiui'nt of t'ac 
 Province (it"t^iLhi.\-, 17^9. Drriw!. 
 
 
 (( 
 
 cr,"^i/i 
 
 o 
 
[ 
 
 21 
 
 ] 
 
 .-/ SUIlc' of 
 in the Pro-' 
 
 lilli Colony 
 to udinini- 
 lion of Jiir- 
 ic executive 
 ion. Tliat 
 k1 altliough 
 to remain 
 the dilpen- 
 >hlv neccf- 
 rtiint a con- 
 Piihlic do- 
 to in Ap- 
 :d in two 
 :fereiKe to 
 at the IIo- 
 '* thai the 
 
 nice, oftlic I'ro- 
 
 % 
 
 *' onghi nf the comphi'ints bad an fen cni oft 
 ;, " and rejled on^ the ••■jnjlituthm of Ciorernweni 
 f " ejJahiijhed hy the ^^/ehec BiH^' hut tliat 
 tliole eon^plaints were ol aii earher date. 
 
 \\ the year 177^, the Advocate (General, 
 in his report to his Majeily, ilates, " the 
 " Court of Common Pleas to he filled ivhb 
 -, " !::':! I tai-y men ior Judges, and hriejh 
 " aifejlors *; and now, ha\'ing almoll </// the 
 " affairs of the Col(>ny brought before them, 
 *' e-vidently tend, at all times to leffen tlic 
 *' utility and conjequenee of the Supreme 
 *' Court." 
 
 The priefls were difeontinued ; yet it has 
 been repeatedly quellioned, as impolitic or 
 unjulf, that the penury of CJovernment IhoulJ 
 be offereii as a fuffeieut reafn lor retaining 
 th(^fe military men as Jutlges ; no\v con- 
 lidered to liave ciTedd tlie anarchy aiul dii- 
 trt fs that appear to dillrad the Colony 
 ol ()uebec. 
 
 c;ri,;ni.'iit ot t'ac 
 
 « 
 
 cri'na 
 
 o 
 
 * Pcrlon- v(.'ir.'J in tlio F-nus, wl'.o vcport t!';" lame, r.s ap- 
 plicable to [MiUcuIar cafes, lor infornialion ol'llic juJj;i's. 
 
 1 iu)le 
 
! '!.: 
 
 !IH| 
 
 I 22 ] 
 
 ThoCc IIoncml)!e Jud-cs, in dclincatJn- 
 the grounds cf the inveftigation, could h.ive 
 ihcv:n that, lahilquent to the Qu. bcc A.l^ 
 the n:crc:unts in London tnidin^o Canada 
 biidly co:nn]aincd to his M.ijcily's Secretary 
 ''^';''-^ ^^i the year i;;S, agdnll: the laws, 
 ii^i-I niode of adniiniilerin- juilJce. That 
 thc.ie ccnipbints .vere rc]X'ated hy petitions 
 '"' ;^^ ^^'^-'" -^^1 I^iillanicnt, in the years 
 i:'33 and 178.;, and were followed in Ca- 
 nada hy cxpreis cliarge., againft tlie difj.en- 
 --:on of juiliee and in terms i\^^ moil 
 ievere, hy committee of merchants, autlio-- 
 rii::d hy the Governor and Council to report 
 on the flate of the commerce in that 
 Colony ^'■•. 
 
 ^ '^'^ rionorahle Judges could Iiave fl^ucd 
 
 '^*' ^']^^'^^j"' c?^-^clcu3 hiitru:-;.::, i],,t Lord 
 
 Dorehe.Lr laid befbre tiie le-iu:uivc Conn„ 
 
 -'■'V -^f-' hk, aiiival; and upon 
 
 vl.ici, the Chief Juuicc's Bill ..,„ fc,,,,,. 
 
 ^^ heal ctivij:: 
 
 -^-Vi- ^^.ei ^.';L:vv/;av in t!i; 
 
 * c, 
 
 Sf? A;^pendi.v, No. V. 
 
 " Colony," 
 
 J 
 
[ 
 
 3 1 
 
 HI dclincatinr). 
 j:"i, could h.ivc 
 ■^ Quebec At:!-, 
 ^ing to Canada 
 ^t;/'s Secretary 
 -inll the Ivxs, 
 uilicc. That 
 -i 17 petitions 
 in the yews 
 'lowed in Ca- 
 ll the difpcn- 
 •i;^ the moil 
 ^^nts, autiio- 
 icil to report 
 i"^s^' in tJiat 
 
 ^i:ive flatcd 
 •', that Lad 
 -uivc Conn- 
 
 ; and upon 
 ■'^cas framed, 
 -'tv.; in t!ie 
 
 «' Colony," by eflabliihing t'uif diil^rcncc 
 of laws, for tiie inhabitants of the /Vav 
 l^rovincc, wliich the Honorable Jud/^es con- 
 tend; that the lei: Illative C aneil, f)!j- 
 Kings f.Tvants) were convinced would f-cr- 
 fctuatc diffciitions; and whicli t!- TCntie- 
 jnen of the robe, who framed or iliiv->orted 
 the counter petitions, inlUkd could nol be 
 luidcrdood, as ant/jcrized by tlie Onebec 
 AlT:, to (him it the Couhcil to pafs any lav,', 
 general OY particular, that had difivrent prin- 
 ciples from that of the French Lav/, or in 
 the view of flivouring any cbfe of People in 
 the Province *. 
 
 « The Honorable Judges could have flated, 
 the Protell of the Chief Tuflice, and eio-ht 
 Counfellors, upon rejeclicn of the Law pro- 
 pofed, as framed on his PvLijefcy's inidruc- 
 tions, to the laid Council; and, by doin<r 
 ■vhis, the Honorab-e Judges would fairh 
 have offered the declared reafons and 
 
 I ■* Sec .Append)' v, No. "\' I. 
 
 " Colony,'* 
 
 motives 
 
\'m 
 
 I i 
 
 <c 
 
 « 
 
 I H ] 
 
 motives of the bill: " To heal the dhtfioHs 
 Limi mihnoiitics 'ivbich hcrcc Jo hng fuh/.'/icd 
 in the Colony, to its difgrace mid dctri- 
 
 " ment */ 
 
 The Honorable Judges could hcrce fiezvn, 
 that the bill propolcd by Mr. St. Ours, and 
 fupported by the Common Pleas Tudoes In 
 the Council, v/as brought in, and intended, 
 to deprive the fubjea: of optional Juries, in 
 the trial of mercantile caufes ; and that, 
 Mr. Monk as a private advocate, did no more 
 than rcprefent his clients intereils, as by 
 them inj'rucied: and It would have been 
 candid fo to have done, before the Honor- 
 able Judges held up, as matter of flid, his 
 difmiiiion and difgrace from the office of 
 Attorney General, for pleading the interefts 
 of thofe clients, though permitted fo to do, 
 as a private advocate, by liis Excellency the 
 Governor General -(-. 
 
 * Sec Appendix, No. IX. the Hfth Ar'.iclc ofProtca. 
 I Hce Appt-udix, No. \ 11. 
 
 In 
 
 !i. 
 
cal tJjc ilhifiofis 
 Jo iongfiihjijicd 
 'ace and ditri- 
 
 hi bave Jl:c^^n, 
 . St. Ours, and 
 Pleas Judges In 
 1, and intended, 
 'onal Juries, in 
 fes ; and that, 
 te, did no more 
 ntereils, as by 
 lid have been 
 )rc the Honor- 
 ter of fad, his 
 the office of 
 tg the interefls 
 it ted fo to do, 
 Excellency the 
 
 "clc of r rote (I. 
 
 [ ^5 J 
 
 In continuing the rife of the Invefligatlon, 
 the Honorable Judges, in fairnefs, fliould 
 have ftated the complaints of the Kino-'s 
 fubjeds, as general, to the courts of law; 
 and 7iot confined fuch complaints to thofe 
 three gentlemen, who have undertaken to 
 fpeak for alL They might have fpared the 
 remark, or infinuation, that Mr. Monk as 
 CoLinfel for the merchants, or his clients had 
 accufed the Lords of his Majeily's Council, p. a; of 
 of inconfiftency, in fome of the judgments 
 pronounced by that Honorable Board. 
 The Judges publication of the addrefs, by 
 the legiaatlve Council, to his Excellency 
 the Governor, for the inveJUgation, is a plain 
 negative to fuch an aifertlon. The Kin^r's 
 Council could not have fo totally loft light 
 of It's duty, as not to have charged Mr. 
 Monk, or Mr. Attorney General, for any 
 fuch condud ufed, or any deportment re-^ 
 prehoifblcy in his public or private cha- 
 radcr *. 
 
 In 
 
 * See Ajnicndiv, No. Vlil. 
 J) 
 
 The 
 
OlUrv. 
 
 [ 26 ] 
 
 I'hc Honorable Judges complain, that 
 tlie AtLoraey General lliould ?2ot have waited 
 ior a private pleading and argument, to 
 iuppcrt the Merchants, and to impeach their 
 conduct, if lie knew it to delerve fuch repro- 
 bation ; and ai'cge, tliat the argument ufed on 
 the 14th of April, 1787, had the effecfl to 
 dcllroy public confidence in the tribunals of 
 jiiilice. 
 
 Whoever will take the trouble to perufe 
 the public documents refered to in the Ap- 
 pendix, No. I. III. and V; whoever will 
 recur to the petitions and proceedings of 
 the committee of merchants in ^uel;ec 
 and Londm^ and the many complaints and 
 charges in and out of the legiilative coun- 
 cil, even prior to the protefl of the Chief 
 Juftice and eight other Counfellors, or the 
 argument for the old fubjeds, on the 14th 
 of April, 1787, will perceive ic'.^^j^ rc!-^"^67/rf 
 the public had, in the capacity of the Judges, 
 and courts of Quebec, for the difpenfation 
 of Juftice: and bow far the argument of 
 counfel, after thofe proceedings, can be 
 
 confide red 
 
 L II 
 
omplain, that 
 ot have waited 
 argument, to 
 hnpcach their 
 ve fuch repro- 
 ^ument ufed on 
 i the effe(ft to 
 le tribunals of 
 
 Lible to perufe 
 to in the Ap- 
 
 whoever will 
 roceedings of 
 ts in ^lebec 
 )mplaints and 
 ^illative coun- 
 
 of the Chief 
 fellors, or the 
 
 on the 14th 
 'vhat confidence 
 of the Judges, 
 2 difpenfation 
 
 argument of 
 
 ings, can be 
 
 confidered 
 
 [ 27 ] 
 
 confidered as the fatal infrrumciit *' t'dtd:'- 
 '* Jlroyed public con/idjKce ///, aiul rijpccl for 
 " the tribunals ofju/iicc:' 
 
 On the otbrr hand, it may he inquired, 
 icby thofe Judges ihould h:\ve fat Jilcnt for 
 three months in the Icgillative council, ajter 
 the pointed charges of the committee of 
 merchants, and referred to, and recorded by 
 * his Majefty's Council, on it's Journals, " as 
 I " containing reprefntations to the Croivn of 
 *' the mojifriou; conjideratlon and refJion ?•" 
 Why they fliould have been fdent, upon a 
 protefl-, by the Chief Jullice and eight otluT 
 Counfcllors, that recognized thofe char^-^s, 
 ^ and their exiflencc for years, in murmurs 
 ngaiujl the courfe of adminifering jufice ■■, 
 Why thofe Honorable Judges, after the ar- 
 guments before the legiilative council (that 
 are faid to have contaiiied fuch heavv char- 
 ges) /hould iiave given yi'^r days lilcnt al ~ 
 tendance in council, and waited for the Chici" 
 
 % 
 
 * Sec AppcnJIx, No. X. 
 
 D 2 J^^"^i<--» 
 
Illi: 
 
 [ 28 ] 
 
 Juflice, to have /w/>^//t'^ an inquiry into thc» 
 condudt of the King's Judgc\s ? and why 
 then, after they Ihould have attempted to 
 avoid or fhrink from a gc nerval public aecufa- 
 tion, referring to a variety of caules, and 
 endeavrjiir to do away tliofe^-^v/tr^;/ charges by 
 a /^rrj^/d" and />/7r//^// inquiry, as SATISFAC- 
 TORY to the honor of the Crown, and peace 
 of his Majefty's fubjeds, touching the Com- 
 plaint againft the difpenfatjon of Judice* ? 
 
 And it may be further allied, isjhy thofc Ho- 
 norable Judges, even after th public ^nd general 
 mquiryliad been ordered, fliould wiih, or infift 
 on a right to diredl the inveiHgation ordered 
 by the Governor, " into clhrrges and acciif.itions 
 " again ft the paji of ad niinif ration cf j-jftice 
 ** in the Courts of Common Pleas fir the tivo 
 " dijh'iEls and Court of Appeals,'' to a fubjed. 
 of recrimination by the Honorable Judges 
 againft the Attorney General, not referred to, 
 nor in the cognizance of the Chief Juflice ? 
 
 See Appendix, No. XT. 
 
 Whatever 
 
 i i|i 
 
[ 29 ] 
 
 iiiry into thcj 
 i ? and why 
 Lttcmpted to 
 
 ublic accula- 
 
 cauios, and 
 
 al charges by 
 
 ;atisfac- 
 
 v^n, and peace 
 ig: the Com- 
 " Juflicc * ? 
 ^hy thofe Ho- 
 'c and (fcncral 
 vvilh, or inlifl 
 tion ordered 
 nd acciif.itions 
 tkn of j 11 {lice 
 r for the two 
 ' to a fiibjed, 
 able Judges 
 <t rrferrcJ to, 
 ief Juflicc ? 
 
 Whatever 
 
 \\'hatevcr conclufioris may be drawn from 
 fiich deportment, Impartial mei will at all 
 times perceive, that the plain impeachment 
 \'.'as, and tlie inquiry -icill he, the fflcicncy^ 
 *:cij>i:city, and integrity of the K'ufs Judges 
 (jud eouvts in the Pro'-eince f ^J^uebee, to ihlm- 
 nifcr the hires fthdt Colony. 
 
 It is matter of ll-rious moment, that thofo 
 compViints (b ijiqiiired into f^uid he con- 
 fidere^'; an^l, if iounded, a remedy applied. 
 
 Tiie executive goven^.ment, the judicial 
 autliority, the intereils of the King*s fub- 
 jedls, may ha\'e long f:cn and experienced, 
 the deplorable llate of that Colony. We liiall 
 not undertake to fw, what may, or what 
 may not be expeaed from i\\ii Kiiig'y MiniftcrP, 
 and tlie parent flate, that behold in a Eritiih 
 Colony, the lerifitive and pell leal ^^qwqv^ of 
 thegoverjimcnt, {^vld'y comp^ed by the King's 
 fjrvant;;) divided into pr.rtie.sand//i7\', the in- 
 ferior judges contending rj6'//.y/ the fuperior*. 
 
 Thofe 
 
 * TIic ITonoral-!e Judges would hold cut nn idea, t'iHi llv? 
 Chief Julliccdii'icis fioni the Cuina of Convnoi) V]:w , nf i-rj' 
 
( 
 
 [ :^o ] 
 
 Tholo laws of renifily to tlie evil': and 
 coinplaiius iiuroduccd to the IroiQative 
 council by the Clucf fuilicc, as cinhmcin^ 
 the policy and jullicc o/7ms Majejlfs injlrw.:^ 
 this, fubniittcd by the Governor, oppjldhy 
 the Judges of the Common Pleas, und in 
 the divifion of the King's Council, nycacd 
 
 law prevail-, m tl^e Colony ; and liy \\oU\v.'r ,v, the laws of 
 i:ii-hnd, >;• the i:.:>uralk.-n Jubjcds, Jkis ict lloat all civil 
 rights, and crca-.cd :i-.arc!',y and con.'ufion. L'ut fuclj an aiiiT- 
 tion ifmadc, i, initnic, and th.- ini:n'iation is Dialicious. Tiu.- 
 judgments of the: Court (;f A^^mc;!]^;. all rc.■r^giu.e one general 
 rule of deciiion under and upon the (^ehcc ;;;!!. " i he a>,tl:nt 
 «' lai':s and cufioms ofC.vuuLr that h-'.s been th.e criterion l,v 
 wJiich the judgments of the Comrron Pleas haxe been tried ; a)-,d 
 it is in the bif.;lhknt knowledge o\ thole law.,, the ^iy.'--? ofthe 
 judges, and the errors of their judgment can he confi.l.-icd tohnve 
 appeared. T.he proceedings in, and report of the law roin- 
 nittee by ihe Chief Ju!lice and Judges (,f the Conr-on V\c?a, 
 The rcalbns ai-Ign.^J in th;- J^idgnicnts of t:;e (?oart of Apr^al.s : 
 The repeated anem;>ts to bring under cnn.Iderati .n, and efi 
 fl;ftuatethe King's intli artiele ofJudriiair-n, fuvv l!;- aHfi.dlry 
 oi the Judges oi' tlie ComrK^n i'I.:a-. a;lcr:;ic.n, in th.'ir C'h:;'r\n-. 
 t;ons(page 14) of the opinio-i iidvl a:.d hii.! dow:: aTaw, hy rh.- 
 Chief ju.Hce. And if ever luch a- opi-,i;,n had b.^n cntert.;i led 
 
 'n.-. 
 
 as .aw, It appears Uy\y Jlugulir, tiiat \n ,;, «.vc inJlance has a 
 judgment of a court of Common I'leas be.M examined and 
 decided !)y fu.:h rule; nor any one ji; Igm -nr in appeal been 
 rendered on tlie prcUrned c-i!K;nce ol" tas law of l^nqland piv- 
 vailhig; except whe-> fich lav and rule of decillorr has been 
 Jiitrcduced by Ipecia! ordinance of the legid^ture of Quebec. 
 
 *' as 
 
tiie evil'*, a lid 
 le Irgidative 
 IS cinhrucin^ 
 ''<'Jlys injlruc- 
 ^r, opp fed hy 
 *Jcp.N, and in 
 ncil, rcjcch'd 
 
 Z \^\> the laws of 
 i-'t .-hloat all civil 
 iiit fiiclj an aiii!'- 
 
 iiiallcious. Tlio 
 I'iii/.c one general 
 !!• " Ihra>,!i.:,t 
 
 iv.c criciTion bv 
 -■ been trie! ; a'-,.i 
 , tiic iij/.''-?ort;v 
 :onfi.l:TC'J tolmve 
 ni- th'j law- roii]- 
 ' C();-,i" OP. PLT.q. 
 oart of Apr^.il.s : 
 ciat; .n, and ^'f- 
 uni'Llr- aMa,(i;rv 
 
 ■i^ a • lau', hv rh.> 
 \y:cn cntcitaiieJ 
 ■ <.' iniiancc has ,-, 
 ovamiced ami 
 in appeal bocii 
 M l^n^IanJ piv- 
 c;lir;n has been 
 ; oJ" Qi'.cbcc. 
 
 • P- I 
 
 (( 
 
 as 
 
 [ 3- ] 
 
 " as the means o( pcrpctuatif.'r dilTcntlons /// 
 ** />A/t't'of Av/Z/z/^uivirKjiis and difTcrcnccs." — '■■•"oui.iv, 
 Protcils and projcdcd laws delivered to the 
 puhlic, as approved by nearly one half of 
 the legiflative council, to jullify the _L,n-ounds 
 of proceedings, and endeavor to remedy 
 the evils " of anarchy and animofty, that had 
 " long fuhf'jlcd in the Coijny to it'sdfrracc and 
 " detriment.'' — Petitions, and counter peti- 
 tions, to the King's Reprefentative, from 
 the fliarpened minds of liis xMa jelly's fub- 
 jeds, contending — tlie one, to att.iin what 
 has been conlidered, tlie gracious iiitcntion 
 of the Sovereign, as propofed by the Chief 
 Jujiice. The ether infiilin.g on the ri'^ht to 
 preferve, immutable and entire, tlie laws and 
 fundamental principles of the French jurif- 
 prudence, as iupported by tlie Honorable 
 Judges of the Common Pleas, — The Court of 
 Appeals rcverfmg t'le decrees and judgments 
 oi bothy the courts of Common Pleas — Forty 
 out of forty- fix, that came before it durin'^ 
 Uvo years and a half * ! And in the body 
 
 ■*■ See Appendix, No. \i'<. 
 
 I 
 
r '»2 1 
 
 L .^ ^ J 
 
 of thelc iu(lj,inL-i\ts dillviTlng tlic rc;if(;ir, 
 and nccrlfiU-i/y holuIn;.r up the errors of x.\w 
 iiikrior Courts*. The Courts of Conuiion 
 Picas publicly d^fivowlfj^ the law and prin- 
 ciples of juflicc, held by the fupcrlor Court f: 
 and the Judges of the Coninion Pleas iittinir 
 even in the Court of Appeals, -.xw^X tliere, con- 
 ienMfig ugaiiill the legal and judicial opinions 
 of the Chief Jullicc§: each Court fteady in 
 
 * The r.aw, (Oid'iance, :»; (,\'o. JH. c!iap. 4. § 4.) rc- 
 
 1,-t 
 
 quires tJKit thj r 
 
 f'o;- t!-c }udo;mciit oFtlic Courts of Com- 
 
 iron PIo;is,a.ul alio ofappca':, fuail l)e ;lated upon the record. 
 
 f Tlii- has hfcn !naniK'"cJ ii' a very f'inng and important 
 degree, on t)ic \i:<ri\\ operation of t'lc Code Mcrchand, or Bank- 
 rupt liaus of France (or any oilier general ordinance of tho 
 French Ki-.g on c'vW righrs, pr'or to tiie conqucll in 1759) 
 makinp; part of tlie Laws of Qiiclvjc, uitliout a formal intro- 
 duction by tlic Sovereign Legiilator. Tlie Covmr.n Picas hold- 
 ing the a'jirrmi-', and t!ie Court nf Jhpcals tlie 7icgative. 
 Tliis law bearing upon moil mercantile caufcs, in a greater 
 or L'fs degive, has made t!ic diflercnce of judicial conducl, in 
 the King's Courts of tlic mon: Jlricus confequence to the mer- 
 cantile interell. 
 
 § Tlie [udg:\s cf the Court of Common Picas (being mem- 
 bcrr, of the Council) may fit in the Court of Appeal, and hear 
 Caufcj tiiat may r.ot be appealed from tlie judgment of fucil 
 Judg''i. The Ccmiuon Pleas Judges at Quebec may fit in 
 caiilcs appc:.leJ from t!ic Connnon Pieai at Montreal y and vice 
 veifa. 
 
 -: its 
 
g tiic rc;if(;irj 
 : errors of th(r 
 ts of Coninion 
 law and prin- 
 pcrlor Court -[-: 
 )ii Picas iitting 
 and tlicre, con- 
 idicial opinions 
 rourt ftcady in 
 
 [. chap. 4. § 4.) re- 
 •" tlu" Courts of Com- 
 :d upon the record. 
 
 (''ong and important 
 Mcrcli''.nd, or Rank- 
 ■ral ordinance of tho 
 r- conqucll in 1759) 
 lioiit a formal intro- 
 '. Cov'.tm.n Picas liold- 
 Upcah tiic negative. 
 raiifcs, in a greater 
 judicial conducl, in 
 ;quence to the mcr- 
 
 Plcas (being mem- 
 )f Appeal, and hear 
 le iud?ment of fucll 
 
 Quebec may fit in 
 t Montnaly and vice 
 
 its 
 
 it;; independence, and opinion to the dillp.iet If 
 
 not dilhonor, of :,n Kn.;li(h ( ;overnnient ; and 
 to tlv. inHnlte dillrefs and Ibnietinies riiln 
 of the Kings fubjeds; wlio. it would feeni, 
 arc to be held up ^,. factious, unprinal^lcd mci 
 for prefuming, in the prelfure of fuch dlf- 
 treses, to complain ! 
 
 However the Honorable Jud^^^es ,nav con- 
 fider, that his Majefty's high dilplcalure ha. 
 been extended to his Attorney General, hy 
 dilhiilli,n and difgrace, for having— though 
 with permifiion— ft.itcd the general and 
 particular complaints of the old fubjeds, 
 againll the laws -and adminiilration of 
 juflice /:; prevent— the zeahus and faithful 
 exertions of t/je fndges of the Common Pleas, 
 in defeating what thofe old fubjcds con- 
 fidered the King's moll gracious intentions 
 towards his natural-born fubjcds ; yet, 
 ^ wiien thole complaints are held up, as in/h/t- 
 hig, grotmdlefs, cruel afpert ions : foul a ecu fat ion . 
 calculated to inflame the muids of the Kingsfub^ 
 jeHs, of flrangers, and officers of the am?, 
 
 ^ and 
 
[ 34 1 
 
 fvid Navy, and to dejlroy all confidence in 
 and rrl}c:J for the Trihunah of Jufice : it 
 miiv be proper to meet fiich ailcrtions, and 
 to point out Ibme of thofe charges and 
 compK.ints, with reference to the teltimony 
 in fupport of them, that the Puldic, to 
 Avhich the Honorable Judges have appealed, 
 may poffs a view of what has been brought 
 in proof, after the Honorable Judges had 
 fo charaderized tlie complaints of uncer- 
 tainty of the laws, and inal-adm'inif ration of 
 juftite In the Province of 'i^ichcc. 
 
 The Province of C^ebec has remained 
 near fifteen years, under a general intro- 
 dudion of the antient laws of tluit Coun- 
 try, to the exclufcn of every idea of Ku- 
 gl//.b Law, as elfablillied by the Pj'oclamation 
 of 176^, and ads of Government, prior to 
 the year 1775. Vet, it is llatcd, that the 
 judges have at times admitted, and at times 
 rejected, the fame laws equally applicable 
 to the fubjcd of fuit before tliem, and 
 which at one day were coixfidered as in- 
 2 troduced. 
 
•onfidcnce in 
 ' J nil ice : it 
 crtions, and 
 hargcs and 
 le telHmony 
 Piihlicy to 
 ve appealed, 
 ccn brought 
 Judges had 
 s ot iincer- 
 linijlvation cf 
 
 as remained 
 neral intro- 
 tluit Coun- 
 idea of ]\n- 
 ^roelaination 
 int, prior to 
 [?d, that the 
 
 and at ti'Ues 
 \j applicable 
 
 them, and 
 iered as in- 
 troduced. 
 
 ;» 
 '^ 
 
 [ 35 ] 
 
 troduced, and to prevail-, and at anotlier, as 
 not part of the laws of the Country. 
 
 During e/y/ji years after the (^ebec Ad, 
 Letters of yIJmi/:ijiration iz'ere gra^/ted, under 
 the Statutes of 22 and 2^ of Charles II. 
 to colled and lettle tlic lyiatei' cf naturdl- 
 horn Huhjetls, dyiuL' intellate ; and during 
 the fame period, Letterb of Curatorihip under 
 Eledion by Friends, 6cc. were granted to 
 the ne-w fuhjeyesy conformable to toe laics 
 and ifages of Canada prior to the conquejl *. 
 
 In cafes of guardianfhip, a rigid rule is 
 ftated to have been adopted, that, it would 
 Teem, diflrefled the aldfuhjec^s, in pcnnts more 
 important, than the Divilion of property, 
 that of their religion \. 
 
 The bankrupt laws of France, as fettled 
 
 by the ordinances of 1673 and 1702, adapted 
 
 to the fituation of that kingdom, have, 
 
 fiiee the i^ehec Ad, been at times admitted, 
 
 and at times rejecled., by each court in the 
 
 * So'j Appci'dlv, Mo. Xir. \ ApjicnJix, No. Kill. 
 
 I- 2 Province *. 
 
I f 
 
 I i 
 
 [ 36 ] 
 
 Province; to govern it's decilions. It has 
 been repeatedly charged, that all the courts 
 have at times dittered, each from itfelf ; and 
 from each other; ivitbout any change of law, 
 by the legiflature; and this charge has 
 been extended to diffcrait laws, that have, 
 in like manner, received a fimilar will and 
 pleafure of the Judge to influence his con- 
 dud *. 
 
 There are individuals who wear the ap- 
 pearance of a defire to do right, and pafs 
 upon fociety under the appellation of " an 
 " Honeft Man.'' The errors of fuch charac- 
 ters, however the world may be delirous to 
 pardon, yet it Ihould not appear har/li to 
 hear the public voice raifed, to remove thofe 
 amiable men from doing evil, by the want 
 of capacity to do good. Far different fen- 
 timents are entertained of thofe judges, who 
 fliall feen be in the feat of Juftice, avowing 
 one day, v/hat they contradid the next. 
 
 See Appendix, No. XIV. 
 
 When 
 
 ii iji> 
 
[ 37 ] 
 
 ns. It has 
 1 the courts 
 1 itfclf ; and 
 ingc of law, 
 charge has 
 that have, 
 lar will and 
 ce his con- 
 car the ap- 
 t, and pafs 
 ion of " an 
 Lich charac- 
 dc'liroLis to 
 :ir har/li to 
 ■move thofe 
 ^ the want 
 fferent fen- 
 udges, who 
 ;e, avo'wing 
 : next. 
 
 When the oaths of vvitnefles are held of 
 /;/} weight {with Judges that try the faci 
 arid the /aw) than the word of a friend ; or 
 private letters from an acquaintance: when 
 pafTionand refentment; when friendlhip and 
 regard, can he helieved to turn the balance. 
 in the hands of an Englijh Judge, is it fur- 
 priiing that complaint or refentment iLould 
 follow*. 
 
 The petitions to parliament have com- 
 plained, that the morals of the people are 
 injuredy by the modes of admin iileringjuflice 
 in the Province of Quebec f . — Under the 
 abfolute government of France, it was not 
 uncommon, privately to folicit the favour 
 of the Judge. — In Canada, where the laws 
 appeared at the pleafure of the Judge, fuch 
 an attempt might be expected; but under 
 %\\ Englijh government, when it fliould have 
 appeared in evidence to have fucceeded, tlie 
 man fo fuccefsfully pradiccd upon, one 
 
 When 
 
 See Appendix, No. 
 
 /\ V . 
 
 t Appendix, No. III. 
 
 might 
 
I <:i 
 
 [ 38 ] 
 
 might reafanably fuppofe, could 117 huger 
 fujiain character, nor office, in the dilpcnili- 
 tion of judice *. 
 
 In a country where the fubjed; i.s per- 
 mitted to eiHniate the laws, iefs powerful 
 than the will of the Judge, the government is 
 confideredas abfolute in the extreme. Many 
 inilances have been offered, in fhe public 
 examination into the pail adminiftration of 
 juilice, to charge and induce a belief of mai- 
 adminiflration of the laws, in the Province 
 of Quebec, by fcveral Judges of the Courts 
 of Common Pleas. It is depofed, thaty/W; 
 and hnprifmrnetits have attended tliofe who 
 incurred Mr. Judge 7^(3/^'L77/t''j-difpleafure: nor 
 have the witnclfes relied here, they have 
 delineated the grounds of beliefs that he was 
 partial, and that the main fubjed: of the fuit 
 was judged contrary to evidence and laWy to 
 favour or prejudice a fuitor-f*. 
 
 * Appendix, N"o. X\'f. 
 
 f See examination of J. P. Archambauld, of Antoine I ' 
 Roque, of Louis Loif;au, and of Joim Baptille Itiibault, ii 
 September 1787. Invefligation papers. 
 
 The 
 
 M:^ 
 
 .M 
 
[ 39 ] 
 
 OH Id 
 
 117 iOh'Q-iT 
 
 1 the difpcnili- 
 
 ubjed; is per- 
 icp powerful 
 I government is 
 xtremc. Many 
 in fhe public 
 lininidration of 
 1 belief of mai- 
 n the Province 
 s of the Courts 
 lofed, that y/W; 
 ded tliofe who 
 iifpleafure: nor 
 ire, they have 
 'fy that he wa^ 
 )jed: of the fait 
 \ce and Icrui'y to 
 
 auld, of Antoine J.:' 
 Baptille Itnbault, ii 
 
 The 
 
 The dignity and Importance of the Crown, 
 or the loyalty and happinefs of the lubje^^, 
 are ao w lie re m'jyj confpicuoiiily fjcn, or 
 truly confidered, iha?! in the courts and dif- 
 penfation of juftice. It is in the wifdon and 
 due execution of the laws, that the fubjed: 
 values his fi tuation, and is wakeful to expe- 
 rience and praife, the fecurity and comforts 
 of focial life ! much may be expedied from 
 men educated in a fcicnce, and to a poirellion, 
 Wwvthe fearch after truth, the certainty of an 
 inflexible rule; and the dignity refulting from 
 " decorum, are confidered eff'ential, and found at 
 all times attendant on the character and 
 duties of a Judge. — In Canada, fhit ikfcct 
 may, in fomc degree, ferve as an apology for 
 fcencs of confufion, indecency, and fquabling, 
 through the progrefs of a caufe, by tbt 
 yiidgcs, AdvocateSy Attornicsy clerks of the 
 Court: — Party's, ivitnc[j'csy cad by-ihinders'^'. 
 But when added to thefe modes of difpenfing 
 
 Sec Apncrdl-v, Xo. XVJI. 
 
 inllice. 
 
 IE 
 % 
 

 Sec Exi- 
 mination ot' 
 J. Reid, 
 C!<:rk of 
 the Court of 
 Common 
 Pleas, 2ift 
 September 
 
 1787, ■ 
 
 with parti- 
 cular llate 
 that exhibits 
 491 taufes 
 heard aiul 
 adjudged in 
 ti^bt day » 1 
 
 [ 40 ] 
 
 jufliice, the fubjcct is called to witnefs i/p- 
 ivards of one hundred caufesy moved, heard, 
 and judged in a few lioiirs of a day: his 
 fears and diftrelles are increafed *. 
 
 The rapidity Oi" thefe judgments may in- 
 tleed, in fome degree be accounted for; but 
 perceiving the reafon of the fid-, will not 
 leflen the diftrefs. In caufes of default, it 
 appears that no evidence is required of the 
 debt, and as the fummons or mefue procefs 
 is legally ferved, by being left at the dwell- 
 ing houfe, or laft place of the defendant's 
 abode. It has often liappened, that execu- 
 tion is taken out, and levied on a defen- 
 dant's eflatc, ^iviibout an adiual notice of de- 
 mand, or of a fuit, or the evidence of a debt I 
 
 * In the winter circuit of the year 1786, February 22, at 
 Terrcboune, Mr. Judge Rou^llk lu-arJ and pronouiiccd>./j- 
 mcnts, rules, and orders on one hundred and four caufes. Mr. 
 Judge, Frafer at the fame place, on tlie 1 7th of July the like, in 
 fevcnty-two caufes. Mr. Judge Soutboufi at Chambly, on the 
 26th of July the like, in fevcnty cauf.^s. And thefe judgments, 
 if for fums under ten pounds, are without appe.-'.I ! 
 
 no 
 
 - % 
 
 i 
 
1 to witnefs up- 
 moved, heard, 
 of a day : his 
 fed*. 
 
 gments may in- 
 unted for; but 
 fiid-, will not 
 ;s of default, it 
 •cquired of the 
 mefue procefs 
 ft at the dwell- 
 the defendant's 
 ;d, that execu- 
 ;d on a defen- 
 il notice of de- 
 ■lence of a debt! 
 
 i6, February 22, at 
 md pronouiiccdyWo-- 
 id four caufes. Mr. 
 :h of July the like, \\\ 
 at Chambly, on the 
 ■\nd thefc judgments, 
 appeal ! 
 
 no 
 
 [ 41 ] 
 
 and from many of thefe judgments there is 
 no Appe:d * ! 
 
 Neither would it f;cm, that under tliolc 
 dirtrefsful modes of dcclarins^r the la'.v, har.ded 
 into coercive execution, are /i/c7j fuiiors and 
 fubjeds legally bcjhrc the Court, alone liable 
 to judgment; for, 'if tiie Court lliould con- 
 fider that '\fubjiautia/ jiijUce" would be ad- 
 miniftered by a tbircl perfon fuffering, that 
 which the defendant was profecuted to an- 
 fwer and pay; the mere circumllances of 
 his not being equally brought iiito fuit, and 
 before the Court, would not prevent a de- 
 mandant from obtaining the effedual objed 
 of his plaint, by a decree and execution 
 
 * See examination of Artliur Davidfon, Efc|. in Appendix-, 
 No. XVI. a Pamplilet on the " Siuu^ of the Go-vcmmcnt cf 
 i^^ek'c.'' Alfo examination of J. Wrdkcr, Efq. his ar.fwer to 
 25. Interrogatory, where he ftates the fa^, of having lately 
 obtained judgment, by default, for upwards of 9000 I. on a 
 bond of imAmnity, without e-veii alleging, jnuch Icfs proving, that 
 plaintiff had fulbined any actual damage. Sec alfo examina- 
 tion of J, Rcld, Clerk of the Court, and li;l by him exhibited 
 of forty-two judgments by default, in the year 1786, amount- 
 ^"S fo /^•z.i^oS 8s. 2d. and on aftions that principally arofe 
 and were adjudged onfuppofed balances due on account. 
 
 F againll 
 
[ 42 ] 
 
 againll: Peter that on the ground of jufllce, 
 was foUcited againfl: Paul * / 
 
 When to xhi^ fcene of judiLial demearior 
 we •:Ai.\y tliat the juftice of the Colony is at 
 times difpenfed, from the faultcring tongue 
 of a fudge, wliofe mind, inebriated by a de- 
 bafed enjoyment of the bottle, is incapacita- 
 ted to fupport either decency, reafon, or 
 juflicc, m a Court of Common Pleas, formed 
 by his fole prefence and power, we fhall 
 lament the fituation of that e.xtenfive and 
 complaining Colony -]" ! 
 
 Hitherto thofe remarks have gone to the 
 evidence offered, that concern the admini- 
 ilration of juflice, before the inferior tribu- 
 
 * See Appendix, No. XVIIT. 
 
 f See depofition of James Walker, Efq. barrifter at law at 
 iatcrrogatory 4P. Alfo of Mcfirs. Duike and Le Pailleur, 
 clerks of the Court of Common PlceVi. Alfo J. Young and 
 other ofRccrs of the Court. And a I'lirhtv of evidence among 
 the in\'Ci'l'gation pan-Ts cf Mr. Dc Rou\ illos being repeatedly 
 />/•/.■..(• on ilic bench at hearing caufes, in the Court of Com- 
 Hion Pleas, and making judgments tluit were (and frequently 
 "'.•i'hout a right cf appeal) executed. And of his behaving 
 V in an arhitroy, JcnjHijs, and J:Jgr(XCi-ful manr.ey ! 
 
 nals. 
 
nd of j lift Ice, 
 
 ciiil tlernearior 
 I Colony is at 
 tcring tongue 
 iated by a de- 
 is incapcicita- 
 y, rcalbn, or 
 Picas, formed 
 'cr, we fhall 
 c.xtenfive and 
 
 e gone to the 
 [ the admin i- 
 iijfcrior tribu- 
 
 . barrifler at law at 
 e and Le Pailleur, 
 
 Alfo J. Young and 
 ' of evidence among 
 Ics being repeatedly 
 
 the Court of Com- 
 'cre (and frequently 
 nd of his hehaviiui 
 
 laiir.ey 
 
 nah 
 
 [ 43 1 
 
 nals. The fuperior Court Is compofcd of a 
 numerous and fluduatlng body ; t lie /c ■^'7/7.7- s.v cx.mi'- 
 
 ii.'.iidni (if 
 
 thvc Council. It feldom happens that this ['>^ ""i^^'^'- 
 
 ■^ -f I'll' VVali.iiii 
 
 Court is made up of the fame members, or Hugi!' Fi..- 
 nunibers. Ideas of French law and riuht, *^""S'= 
 are adhered to by the Camuliau, or l^rench thecou.to! 
 Counfellors. The Englifli Cicntlemen of this Appcmii'x, 
 
 ° Xo. XIV. 
 
 Court—" toadminlfterfubftantial juftlcc,"— <': :'""V-^" 
 fomet/mes Judge by the EngUjh, and fometimes " ^)v':X'- 
 by what they believe to be, the French law. " ^;^*--" 
 Suitors whofe laft Appeal is to a Court com- 
 pofcd of Gentlemen " that do not pretend to a 
 ^^ knowledge of the Laivs," and whofe judg- 
 ments have been fo variant, depending upon 
 the French, or Englijh law, as the fitting mem- 
 bers happened to prevail, of the one, or the 
 other, birth and language, painfully feel their 
 rights and pollcfiions, as precarious and in- 
 valuable. 
 
 On the part of the Merchant s, and com- 
 plaining fubjects, fuch Jiave thev fcen, or 
 experienced the admlniilratlon of Juftice to 
 be, in the Colony of Quebec; under the Iguo- 
 
 y 2 rancf 
 
1 1' 
 
 [ 4+ ] 
 
 Viwcc and ivil!\ or the wifdom and jufticc 
 of unprofejjional iVi^w. — And, the Honorable 
 Judges of the Common Pleas may be ap- 
 pealed to, whether it is under fuch a ftate of 
 fa(fts that they, or their advocates ivithi?!, 
 or tJt/bout tlie Colony, will come forward to 
 the complainants, in the face of a Britilli 
 Parliament ; and Jupport the d'lfpenfation of 
 jujUcCy fince the declared eflablilhment of 
 French laws, by the Quebec A3. ? 
 
 Is it expeded by the Honorable Judges 
 that thofe complaints, will tbere be conli- 
 dered, " as the foul accufations of defrauding^ 
 " df(ifc5lcdfid)je6ls\' the cruel inflruments of 
 faction, calculated m the turpitude of difloyalty 
 and vengeance, " to infame the minds of the 
 " King's fabjc^Sy and deft roy all confidence in, 
 " and rcfpcSi foTy the tribunals ofjujiice ? " 
 
 A day may come, when the Honorable 
 Judges, and all the King's fubjeds in 
 Canada, may perceive and acknowledge ; 
 the bell and moft gracious intentions of a 
 Parental Sovereign, to grant to his fubjedts, 
 
 every 
 
I and j Lift Ice 
 ic Honorable 
 
 may be ap- 
 Lich a ftate of 
 :atcs ivithi?7y 
 le forward to 
 
 of a Britilli 
 ^ifpenfation of 
 bliihment of 
 
 a? 
 
 )rable Judges 
 ^re be conli- 
 
 if dijraudingt 
 iftruments of 
 :of difloyalty 
 ' miiuls of the 
 confidence in, 
 ^juJliceV 
 e Honorable 
 fubjeds in 
 ::knovvledge ; 
 entions of a 
 his fubjed:s, 
 every 
 
 [ 45 ] 
 
 every benefit exprcHcd in the royal procla- 
 mation of 1763; and of which thofe fiihiec'ti. 
 (in the liifcty and comfort, refulting from 
 good order, and efFedive government) were 
 in Qijlate to receive. 
 
 The Honorable Judges, and the Kind's 
 Se}"-cantSy in that Province, may hereafter 
 perceive and acknowledge, confequcnces 7?^/ 
 forefeen when they confidered, that the 12th se. a^. 
 article of his Majcfty's inftrudions, and vT'^' '•'^• 
 \\\^((t gracious intent'ionsy towards his ancient 
 fubjeds, were not politic, to be carried into 
 effcd. — They may at the fame time call to 
 mind, a fubfequcnt indrudion, to hetter ,^ , , 
 order and eftabli/Ii the courts of the Colony, 
 for thefpeedy and cffetlual diflribiition of 
 law andjujlice, according to the principles of 
 the Brit if con ft hut ion-, as far as the fi?ne 
 can he adapted, to their peculiar circiun- 
 Jlances and ftuation:' And acknowicdo-e. 
 that their OPINIONS were impolitic; 
 
 That an oi di :ance, fuch as is dircBed by thc"jo^rn:m 
 
 ... "^ ot the Lu- 
 
 the Kuigsfald infru^ion would not he f^r ^'■''"'^"'^ 
 
 17 70, 
 
 €( 
 
 ft 
 
 €t 
 <( 
 
 X\ 
 it 
 
 in 
 
 i( 
 
 the 
 
 l-b. i7^c 
 
[ 46 ] ^ 
 
 ** tbt' (7ihantti;^c of the Pro''jinct\ ur a mor,' 
 ** lpc:dy and cffttlnal dijlribiition of jiiJUcc.'' 
 They in;iy conliJcr that tlic above opinion, 
 and the exertions then made, and lince con- \ 
 tinned in the Colony, were twitbcr the 
 niofl wife, nor the moft jull courfe, to have 
 been taken by the Servants of the Crown, to 
 prelerve the peace or alTedtions of the llib- 
 jed:s in that Colony. 
 
 In an hour of calm and impartial enquiry, 
 the Honorable Jud[jcs and the King's fer- 
 vants, may think ditFerently tlum heretofore, 
 of thofe conftant ' warm exertions^ in the 
 clofet, or the legiflative council, to defeat 
 every attempt, to bring forward and effec- 
 tuate, the objedts recommended in thofc 
 inflrucftions '^". And however thof exertions 
 were attended with fuccefs j and in what- 
 ever degree foever the refentment of leading 
 charadcrs, ivithin or ivithoiit the Colony, * 
 
 * See Judges Obfcrvations, pp.gcn 7 and 8, referring to the 
 proceedings in tlie Icgillative council for their exeruons, and 
 
 condiid of tlie King's fcrvants. 
 
 have 
 
[ 47 ] 
 
 f.nct'y or ^ //jorr 
 Uon of jiiJUcc.'' 
 above opinion, 
 and fincc con- 
 •e ?u'ithcr the 
 :ourfc, to have 
 the Crown, to 
 ns of the lub- 
 
 artial enquiry, 
 he King's I'cr- 
 ban heretofore, 
 tertians y in the 
 jncil, to defeat 
 ird and cffec- 
 nded in thofe 
 thof exertions 
 and in what- 
 lent of leading 
 / the Colony, 
 
 id 8, rrferring to the 
 their exertions, and 
 
 have 
 
 have been pnuitled; or lmii hold np the ap- 
 probation oi'his Miijelly's fervai.ts, for iheir 
 fj/f If nl inhl'zeiilons endeavours, by- tliat happy 
 medium, to preferve the Colony in peace : 
 or vvliatever cruel con-jea/ed alperfions, may be 
 conjcdlured to have proiiuccLl a r.-moval from 
 ollice and difirace, of A:;-;? Lieutenant Ciover- 
 nors, and tico membei's of the letrillative 
 
 o 
 
 Council, lit different periods ; durin^r the 'H)- 
 vernment of Cieneral Haldimand, for their 
 perfevering endeavors, to eifeduate (in tlieir 
 bell judgment) .he King's gracious inten- 
 tions: yet it will not be becoming the llo- 
 norable Judges to alTert, that thofe removals 
 and difgrace of the King's fervants, pro- 
 ceeded from their condud to fupport the 
 principles and meafures held out by the Royal 
 inftrudions, that marked out alterations in the 
 laws and courts of jufiee, eflabliihed by, and 
 under the Quebec Bill. 
 
 The motives that lead to the meafures of 
 Government, operating by the prerot^ative 
 of the Crown, are not at all times difelofed: 
 
 feldom 
 
,!;■): 
 
 [ 48 ] 
 
 fcldoni In the dii'mlilion of its univortfy 
 or iniufrful Icrviints ; thou''li it Is ackiiow- 
 lodged, that the whiipers and rumours, 
 Howing from the exultation oF cojijidcntial 
 favoritcsy have no Iniall iv<igbt on the niindvS 
 of men, intcrclled to difcover the jull caufes 
 ot difgrace, to a niemher of foeiety, whoi'e 
 aparent condudl I'ecured the approhation of 
 the King's lleprefentative, and the King's 
 bell fuhje^^ts. And however thofe Colon'uil 
 Suhje<ils may have been callcJ, to attribute 
 III! the removals of his Majelly's Servants in 
 Canada, fmce the Quebec Bill, to the open 
 conduct, that led to fupport the gracious in- 
 tentions of a benevolent Sovereign. Yet the 
 Honorable fudges, or their friends, might 
 have fparedthe affertion, or even infinuation, 
 that the oj/icidl c\\xr.\i\cY of the Attorney Ge- 
 neral ivasui/p'iicci^, and hisreirioval from otHce 
 eJf'ci^JcJ in co}:l}qi{C}iCi\ of his pleading the in- 
 terelKs of his M.ijeily's fubjec^ls, though 
 permitted by the King's Reprefentative to 
 
 that 
 
 % 
 
f its wiivort/y 
 
 it is ackiiow- 
 
 and rumours, 
 
 ut confidential 
 
 '/ on the minds 
 
 the jull caulls 
 
 Ibcicty, whoi'c 
 
 approhation of 
 
 iid the King's 
 
 thoie Colonial 
 
 v/, to attribute 
 
 y's Servants in 
 
 ill, to the open 
 
 he gracious in- 
 
 jii^-n. Yet the 
 
 friends, might 
 
 'en inlinuation, 
 
 ; Attorney Ge- 
 
 aval from othee 
 
 leadiniv the in- 
 
 bjeels, though 
 
 prcfentative to 
 
 that 
 
 [ 49 ] 
 
 that undertaking, ^vith the duties and re- 
 iponfd)ility alone, of a private advocate ! 
 
 If inability, or abule k)^ confidence and 
 truil, liad even been charged hy the Attorney 
 CAv/^vva/, againft the King's Courts or fud-cs 
 <^w^/ afterwards made out in proof: ic^/^/'/fuch 
 complaints or charge, for fupport of the 
 honor and juflice of the Crown, be held up 
 to the King's i\xh]ctls in Canada, as a frJi^ 
 tical reajbn, for difmifling and difrracino- 
 fuch a fervant of the Crown ? But if charges 
 and impeachments were made, /^y the Kino;' s 
 Suh/e^/s, who for years had complained, with- 
 out attaining a remedy; if they had been 
 driven to fuch impeachments, as the on/y 
 and nece//d/y medium to redrefs : ami if thofe 
 Coiu]na[nts had received the aid, of a fervant 
 of tlic Crovn, (by pcrmiilion of it's Rehre/en- 
 tativej and who had, or had not Jhppr,rted as 
 a private advocate, thofe impeachments and 
 complaints; would the Honorable Judges 
 conilder it a means of /./•.■/rr% peace in 
 the Colony of rhicbcc, to iiold up the re- 
 
r>i Ol'lcrva- 
 
 t 50 ] 
 
 fentment of his Miiicfly's Minlftcrs, by the 
 dilgrace of an old and f.iithtul iliivant, for 
 having attempted^ in his prhatc piofciTional 
 chara(;n:er, to lay open the real or imaginary 
 diilreiTes of the King's fuhjedls, and to fup- 
 port the honor andintertlls oi the Crown in 
 it's Colony of Quebec ? 
 
 The Jlononiblc Iiid':;es are plcalld to 
 alTert a right to their oinces, during good 
 behavior, quainJju bene fc gc[jcrint. *' That 
 " tbcy hold feats on the tribunals of jiiflice, 
 ** from ich'icb :hcv cmi ciuy be degraded by a 
 " lezal and cou-i'itiitlonai trial.'' The letters 
 patent, however, that conflitute //V;;/ judges, 
 comnumicate jig greater right, to an open 
 charge, trial, and Judgment, as conjiitutionally 
 elTentiai to a remowil or difgrace, than thole 
 patents an.d offices held by every fervant of 
 the Crov/n, tlrat has been removed in 
 Canada, fince the Quebec Ad; and who 
 have been difi^laced and difgraced wit.bcut 
 fuch right, to attain any knoiieledge of tie 
 canj'es of their reu^ovals. 
 
 Complaining.; 
 
 I \\:% 
 
 :i 
 
niftcrs, by the 
 Lil Icrvimt, for 
 uitc pi'ofliTional 
 I or Iniai'iiiary 
 is, and to fup- 
 " the Crown in 
 
 arc nlcalld to 
 ;, (iiuing good 
 ^crinf. " That 
 inals of jiiflicc, 
 c degraded by a 
 The letters 
 Lte //^tv;/ judges, 
 It, to an open 
 s cojijiitutionaily 
 ice, than thofe 
 ivery fervant of 
 1 removed in 
 \Si ; and who 
 fii-raced icilbcut 
 'ioic/edve of tli 
 
 Complainiiuj, 
 
 [ 51 ] 
 
 Complaining fubjeds in Canada, nor in 
 /England, would ever difpute the reafonable- 
 nefs, or the wifdom, or the jufllce, of 
 caufes being avowed, for which judges, or 
 fervants of the Crown In it's Colonies were 
 difgraced. 
 
 But will the Honorable JudGres ar^rue, and 
 conclude y that, by the removal of the A nor- '''^■■"^'^'"- 
 ney Genera',, their judicial capacity and 
 conduct are ellabiiihcd ? And that all the 
 complaints and ciiarges againft the nncer- 
 ' tainty of the laws, or mal-adminiflration of 
 jiifdce, m Canada, -^vq falje and malicious? 
 In v/hatever degree, the Ilonorabie Judges 
 may be induced to hope, a flu'orable report, 
 by the Crown Law Officers; upon the 
 charges and inveiligation : however it could 
 be m their power, to impeach the evidence 
 oitered, or to explain away the grofs abufcs 
 of trufl, that the inveiligation hold up to 
 view: or obtain what they may confider a 
 mere legal, and conlHtutional mode of im-, 
 peachment and trial : the Honorable Judges. 
 i ^ '-^' mull 
 
[ 52 ] 
 
 mufl coiifelG, that the courfe of jullice by 
 it's ti-ibunals in. Canada, is in a ilate the 
 mofl alarming and dijlrefsfiil to the minds, 
 fortunes, and eftates of the King's fubjeds *. 
 The Honorable Judges are fenfible that 
 the interefls, the honor and juflice of the 
 Crown, have been long, and often appealed 
 tOj to alleviate, or remove, a ftate of 
 anarchy and diflrefs, in the difpenfation of 
 Canadian juilice, unparalleled in any other 
 part of the Britilli Empire ! 
 Se? cxa- From the operation o'i the Quebec Acl, in 
 
 arniriiv>n of 
 
 t}>ciion.w. iy~5 to the arrival of Lord Dorcheilcr, in 
 
 Ciant, Ap- II' ' 
 
 xj'v?'to''l t^^e fall 1786, the Court of Appeals, has not 
 t;rni"st:rx. had one prrfcfjiojia! charadlcr, to puide it's 
 
 «• of the * -^ '^ » 6 
 
 " nienr"of p^'ocecdings, in reviling the judgments oi un- 
 prnfcijional mc:n, in the Courts of Common 
 Pleas, /?rj^ for a fliort time Peter Livius, Efq. 
 L.L.D. who was rcnioz'cd from his oflice in 
 
 i77bT. 
 
 * See Appendlv, No. XX. 
 
 f Tvlr. Livius was put in commiJion in june, i~';"J, ^nd re- 
 
 moved May I, 177S. 
 
 Upon 
 
4 1 
 
 of jullice by 
 in a ilate the 
 to the minds, 
 ig's fubjeds ■*. 
 ; fenfible that 
 juflice of the 
 often appealed 
 -f a ftate of 
 ifpenfation of 
 
 in any other 
 
 |uebec Acl, in 
 )orchei1:er, in 
 :)peals, has not 
 
 to guide it's 
 2,ments of nn- 
 
 of Common 
 r Livius, Efq. 
 1 his oflice in 
 
 me, 1 7 "7, r.nd rc- 
 
 Upon 
 
 t 53 ] 
 
 upon the appointment of a Governor Ge- 
 neral, a remedy was applied to this ddv^:, 
 A Chief Juflice of the firll clafs of profef- 
 fional knowledge and abilities in America, 
 fucceeded to tlie chair, occupied by the 
 Lieutenant Governor, Brigadier General 
 Hope, as prefident of the Court of Errors, 
 or Appeal in Quebec. 
 
 Whatever clamor or complaint has been 
 made againil: *' t/je Judges;' or Court of 
 Appeals; the duties of the Chief Juflice, in 
 revifmg the proceedings of the inferior courts, 
 brought bi:fbre him, during two years and a 
 half, have fufiiciently cfuibUjhcd the urgent 
 neceffity of reform in the adminiflation of 
 juflice in that Colony. 
 
 Charges have been brought forward, in 
 fwpport of reiterated complaints; and inquiry 
 and inveftigation, on tliofe co:n.)laints and 
 charges, have laid, for coniideratiun and judi:- 
 ment, fince November, 1787. 
 
 A dilierent criterion to cipacity, and the 
 ground and juflice cffuch compl-iinls h:is 
 
 Oi 
 
 c 
 
W' I 
 
 il.'l 
 
 [ 54 ] 
 
 of l.ite mofl: forcih;/ -appeared to the King',^ 
 SLibje<I:ts. Tlic iiic-rliants of Canada, or of 
 London ; or tiic olJ, or the new Subjects; the 
 Coiuiiiils of C)u_;bcc, and the piibhc, may afk 
 the Honorable JiK;Li,!.\s of the Courts of Com- 
 mon Pleas, where has beer., or is the fitua- 
 tion, that law?, and the dilli-ibutlon of 
 juilice, work fuch diiu'efs or mifery as is 
 complained of, or experienced, in the Pro- 
 vince of Quebec? 
 
 Where elfe, in the King's dominions, ran 
 the fubjei^ dread, t/jat tiie want of know- 
 ledge, or other caufesy in the Judges, and courts 
 of original jurifdi(!tion, arc fiich\ that his 
 fortune, or fafety, lies in the defperate and 
 deplorable lituation of Forty to Five againll 
 it's recovery or pojjeffion ! 
 
 Where elfe, under fuch circumftances, would 
 thofe fubjedis be told, or believe, " that no 
 " change, no reform is effential-y or would hi 
 " made in the Courts, or adminiflration of 
 ** Juflice?'* 
 
 Where 
 
;d to the Kuvx'.i 
 f Canada, or of 
 :w Subjects; the 
 pubUc, may afk 
 Courts of Com- 
 or is the fitua- 
 dill-i-ibution of 
 or mifery as is 
 ;d, in the Pro- 
 dominions, av! 
 want of knov/- 
 dges, and courts 
 /hc/j'y that his 
 e dejperate and 
 to Five againll 
 
 mfl:ances,wouId 
 lieve, " that no 
 ial'y or would be 
 iminiflration of 
 
 Where 
 
 [ J5 ] 
 
 Where elfe, could thofe rubjcds be taunted 
 and gibed, ivith the evidence of fuecefs, to 
 tremble for themfelves, their advocate, or 
 their friends, who have ventured to com- 
 plain /// the extreme ofdijirefs? 
 
 With his Majefty's miniilers it will b.% 
 to lay, when the executive Hand of Govern- 
 ment fliall be raifed, to check or remedy the 
 " ylnarchy' that fo long has been growini; 
 under the eye of authority. With the wifdom 
 of thofe minifters it will ^Q.?<i to declare, ic/'iV.', 
 and what the fyflem. of Laws or Government 
 fliall be, in the Colony of Quebec; (■:X wlat 
 the Courts and judicial powers, to adniiniilcr 
 thofe Laws, and that juilice, that Vvill give/?-- 
 ciirity to the properties, and preferve the at- 
 tachment of fubjecfls, Vv'ho have long united in 
 remonjflirance, and complaint againll: the ilatc 
 of a Colonv, that from its pofition, com- 
 merce, papulation, and utility, eluim tlie cop.- 
 fideration of it's P»oyal Parent, il'^Aj to pre- 
 Jerve it^ Dependti/it on the Cr'jVJn cf G/r^/ 
 
 Britain ! 
 
 APPENDIX. 
 
Hill, 
 
 'n 
 
 I -t 
 
I 
 
 APPENDIX. 
 
 No. I. 
 
 See report by the Lords of Trade, to the 
 Lords Committee of his Majelly's Privy 
 Council for Plantation Altairs, 2d Septem- 
 ber, 1765. 
 
 Alfo opinion of Attorney and Solicitor 
 General, York and De Grey, 14th April, 
 1766. Alfo report of the Attorney (General, 
 and Chief Juftice of the Province of Quebec, 
 and Governor in Chief, upon two Queilions -.dAu^u,'^ 
 commanded by his Majefly, to be anfwered '^^^* 
 by thofe officers. Q;ieftions that arofe from 
 •complaints by the fubjedts old and nciv, 
 againll the laws and difpenfation oi' [ullice, 
 viz. " Whether any, and what defects, are 
 " now fubfilHng, in the prefent ilate of 
 "judicature, in the Province of C^ehec ? 
 
[ J8 ] 
 
 '* and if lb, to report the alterations and re- 
 " medies," 5cc. The Honorable Judges 
 will, in thele reports, lee, the decided opinion 
 of the King's lervants, upon their capacity, or 
 rather incapachy. Nor v/ill they lefs dif- 
 cover, the ft roll g fenfe of confulion and dif- 
 trefs in the Colony, pt'ior to the Quebec Bill, 
 exprclTed to his Majefty, in the report and 
 opinion of the Chief Juflicc, " that though 
 " dire6t:ed in their (the Court of Conunon 
 Pleas) decilion, to have regard to the I/aw^ 
 of England, nevertliekls to admit tht 
 " Laws and Cuflonis of Canada, between 
 Canadians, and to determine according to 
 Equity." " But how vague and uncertain 
 their proceedings, as a Court of Equity 
 mull be, ivitboiit one ellabliihed maxim ot 
 Equity in the Court ! How ill calculated 
 to preferve (what it certainly was not in- 
 tended to preferve) an ancient fyftem ot 
 " Laws, which were to be admitted or re- 
 jcdcd upon notions ^f equity, adopted by 
 gentle mtiiy Vv'ho merit, however, no other 
 *' imputation, than the want of education ///, 
 " or acquaintance icvV/? Courts of Laic, or 
 " Equity : and tlie confiijion in which fucli 
 *• dccijions mufl neceliarily be involved, an 
 2 *' matters, 
 
 << 
 
 (< 
 
 <f 
 
 (< 
 
 <( 
 
 t( 
 
 «( 
 
 <( 
 
 i< 
 
 a 
 
 iii.-il 
 
[ 59 J 
 
 .'rations and re- 
 lorable Judges 
 decided opinion 
 leir capacity, or 
 I they lei's dil- 
 nfulionand dif- 
 hc Quebec Bill, 
 tlie report and 
 " that thouQ-li 
 u't of Conunoii 
 ard to the I/aw^ 
 to admit tilt 
 anada, between 
 le according to 
 e and uncertain 
 ourt of Equity 
 liilied maxim ot 
 \v ill calculated 
 ily was not in- 
 icient fvftem of 
 idmitted or re- 
 Lty, adopted by 
 wever, no other 
 of education ///, 
 rts of LiViV, or 
 in which fuch 
 e involved, an 
 *' matters, 
 
 ** matters, in which we think we need not 
 " enlarge." 1769. 
 
 The report of Mr. Solicitor General Wed- 
 derburn upon the fame fubjed, and Docflor 
 Marriot, the Advocate General, will fatisfy 
 the " Crown Officers," who are to rcpoVt 
 on the capacity of the Judges of the Common 
 Pleas, that complaints hcrcc exifted before 
 the year 1775: and whatever may have 
 arifen //>Z(V', from judicial conflructions placed 
 on the C^cbec Bill, yet that the Honorable 
 Judges, prior to that period, have not been 
 held in the eftimation of poifeiring thofe 
 great abilities, they confider their long fervices 
 entitle them to claim. 
 
 See p. 12 and 5. of Judges Obferva- 
 tions; alio Inveitigation Papers ; the 
 Anfwer and Reply to Judges Obfer- 
 vations, filed 3d of November, 1787/ 
 
 port, 
 
 80 tc 
 
 llll re- 
 
 No. II. 
 Article IV'. Of Pet it ion y 1783. 
 
 1 HAT the ancient laws and cuf- 
 toms of the country r-s-fpedUng landed 
 ellatcs, marriage fcttlemcnt; , inheritances. 
 " and do\ver, be continued uritil chanc^cd 
 
 u 2. or 
 
 (( 
 
 C( 
 
[ 6o ] 
 
 or altered by tlic legillature of (^cbcc, 
 i ivc ilhit owners niiiy alienate by will, as 
 nruvideu by the Xth Sedt. of the (^ebec 
 
 Xa." 
 
 ARTICLE V. **That the commercial 
 Laws of England may be declared to be 
 the Laws of this Province, in matters of 
 tnide and commerce; and that all per- 
 Ibiial actions may be tried by the modes 
 aud decided upon the principles of the 
 common Law of England, until the ilune 
 may be altered, by the legillature of 
 C^ebcc." 
 
 ARTICLE VIL '' That optiomil Juries 
 may be granted upon all trials in Courts of 
 original jurifdid:ion; and tliat nine members 
 out of twelve may, in ci-'jil caufes, return 
 vcrdidts, and be regularly ballotted for, 
 and a pannel formed (as in England) 
 either in the cale of an ordinary, or a 
 fpecial Jury, at the option of the party 
 
 applying for the fame." 
 ARTICLE XII. " Your petitioners fen- 
 libly feel, that, were the mo/i icifc and 
 fit Jaws eliabliflied among the people, 
 yet their w^elfare, their fecurity, and their 
 comfort muft entirely depend^ en ajujl and 
 
 " impartial 
 
 iiiii 
 
 ^ 
 

 li of (;^cbcc, 
 te by will, as 
 f the (^cbec 
 
 : commercial 
 leclared to be 
 in matters of 
 that all per- 
 by the modes 
 ciples of the 
 mtil the ilime 
 legillature of 
 
 pt'ional Juries 
 s in Courts of 
 nine members 
 caufes, return 
 ballot ted for, 
 
 in England) 
 irdinary, or a 
 
 of the party 
 
 titioncrs fen- 
 no/i rcifc and 
 ; the people, 
 ritv, and their 
 , en djuj} and 
 '* impartial 
 
 [ 6. ] 
 
 imparf id/ execution, of fuch Laws. What- 
 ever conflitution the fubjeds of the Crown 
 in this Province may obtain, t be equal and 
 true adminiftration of Jullice, mull be 
 the bafjs of their happineisj nor is it but 
 li'ith the iitmoji fervency y that your peti - 
 tioners implorey that the feats of judice 
 may be filled by men of jurifprudent 
 learning, and whofe abilities at the fame 
 time they are adequate to their employ- 
 ments, may be fo rewarded as to be con- 
 fined to their funclions of adminiftering 
 julHce." 
 
 No. III. 
 
 Conclujion to Petit it 'jU of 17 84. 
 
 oUCH are the Intrcaties and prayers 
 of the loyal fubjeets of this Province, 
 and in full confidence they truft that 
 your Majelly will relieve them from the 
 anarchy and confufion, which at prefent 
 prevail m the Laws and Courts of Jullice 
 in this Province, hy "ichich their real pro- 
 perty is rendered infecure, trade is clogged, 
 and th'M good faith which ought and would 
 fubiifi: among the people, and which is 
 
 " the 
 
[ 62 ] 
 
 *' the life and Uipport of commerce Is totally 
 " dcjiroyciir 
 
 No. IV. 
 
 Sec p. 44 
 of JuJg.,- " 
 Oblcn . 
 
 !'Ati;u'i from the Counter Petition ailuded to 
 by the Ilonor.ihle Judges in llieir Ob- 
 
 fv. rvatlt)ns, ilxc. 
 
 " Nous nc pouvons memc imaginer 
 " que r aclc du Parlenient, qui nous accorde 
 " nos proprietes et ccs loix, dit oitcndu an- 
 " toi-'fcr des alterations reiterees, qui r'.etrui- 
 " roient leurs principes fondamentaux, ou 
 ** meler avec ces loix, d\nifres loix, foit 
 *' gc'./t'rdli'Sy (o'xi particulicrcs q'liont des prin- 
 " cipcs differens, ct qui font pen convena- 
 *' bles a cc pays, dans la vue de favorifer 
 ** une certaine clalfc d'individus feulemcnt ; 
 ** pdi'ccqncy du ni.'idfigc (ic il/\cr/c's loix, en un 
 
 fucnir pays, il nc ptut rcfultcr quune 
 " confjf/ionj li' (h- pinion cut re Ics fidets, et des 
 ** incertitudes ruincnfcs (iiixj'ii'nillcs.^' 
 
 " We cannot even imagine that, the Act of 
 *' Farlia'iient which has granted to us, our 
 '* properties, and our laws, can he under jlood to 
 
 *' autborifcy 
 
[ 
 
 63 
 
 ] 
 
 ercc is totally 
 
 Ion anudcd to 
 II ibcir Ob- 
 
 ;mc imaginer 
 nous accordc 
 '/ ciitcndu ait- 
 s, qui r'.ctrui- 
 iientaux, ou 
 YJ- loix, iS\\. 
 ont dcs prin- 
 Dcu convena- 
 
 i. 
 
 \ dc favoriicr 
 is fculcment ; 
 
 fcs loix, en UH 
 fuhcr quune 
 'sjhjets, ct dcs 
 Hit's.' ' 
 
 lat, the A3, of 
 
 \\\ to us, our 
 
 V uniicr/hod to 
 
 *' autborlfcy 
 
 " author I fc, reiterated altcraiions, that iliall 
 " dcftroy the fundamental principles ofthofc 
 " laws, or hlcnd with them, other laws, 
 " whether pyiicral, ov particular, that have 
 " different principles • and that are hut little 
 '* adapted to this country, with a I'iczo to 
 *' favour a certain clafs of individuals only ; 
 *' hecaufe, from the mixture of different laws, 
 " in the fame country, there could only ref]ilt 
 " confufion, divijion among his Majeflys f'uh- 
 ** jetls, and ruinous incertainty to families. '' 
 
 The Canadian or New fuhjee'ts have not 
 merely flated a right to retain their ancient 
 Laws immutahlc, but have complained in 
 petitions, of changes made in thofe Laws, by 
 the Kings Council, to favor particular inte- 
 refls. And in other petitions, have praved 
 an intercclhon with Parliament, for tlie re- 
 cftablifhment of their Laws, and to prevent 
 all alterations m future. 
 
 Seepage -j'j to 8i, of a pamphlet en- 
 titled, " State of the Government of 
 the Province o/'^^/ebec." 
 
 No. 
 
(( 
 
 ti 
 i: 
 n 
 
 « 
 
 « 
 <( 
 «( 
 (I 
 « 
 <c 
 
 <( 
 
 (< 
 (< 
 << 
 if 
 <( 
 <( 
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 [ 64 ] 
 
 No. V. 
 Article X. Of Report of McrclMVits. 
 
 " The Merchants in England and 
 thofc in this Province have fcvercly felt 
 the effeSis and dfpofition of Laws y to which 
 they were utter ftrangers^ the principles 
 whereof are anti-commercial." 
 " The cullom of Canada is a fyftem fu 
 imperfe(ft and defe('l:ive, that the dcafwiu 
 of the Courts have become arbitary, and 
 deftitute of uniformity. The Court at 
 Montreal di^tv in pra^lkcy as well as decrees, 
 in fome points of Laii\ from that of 
 Quebec; bcth Courts agree in not con- 
 iini.ig themfelves to rules of Law, but 
 occafionally decide on the equity of the 
 Cafe, contrary to the letter of the Law." 
 " Thus the cufiom of Canada, the general 
 Laws ofFrancCj the Roman Code, and in 
 fome commercial points, the Laws oj 
 Englandy have been reforted to ; — but the 
 moji dangerous of all fyftems is, that of the 
 decilions in equity, of Courts, jiriclly con- 
 Jiituted as Courts of Law, without the 
 ordinary rules, principles^ and maxims oi 
 Courts of equity, to govern them." 
 
 No. 
 
[ ('S ] 
 
 \'rchants. 
 
 England and 
 ; fcvcrcly felt 
 awsy to 'ivhich 
 he principles 
 
 s a lyftem l"u 
 It the dcctjions 
 : arbitatjy and 
 :hc Court at 
 well as decrees, 
 from that of 
 e in not con- 
 
 of L/aw, but 
 equity of the 
 of the Law." 
 k, the ge?teral 
 t Codey and in 
 
 the Laivs of 
 i to ; — but the 
 
 is, that of the 
 ts, /Iriclly con- 
 witboiii the 
 nd maxims ol 
 
 them." 
 
 No. 
 
 No. VI. 
 
 Article XII. Of the King's Injlniullons to 
 the Govenior and Council after pafjing the 
 ^lebec BilL 
 
 1 HE eftabliihment of Courts, and a 
 ** proper mode of adminiftering civil and 
 ** criminal Juftice, throughout the whole ex- 
 ** tent of our Province, according to the 
 principles declared in the faid A6t, for 
 makingmore effectual provifionfortheGo- 
 ** vernment thereof, demand the greatefl care 
 andcircumfpedlion ; for as, on the one hand, 
 it is our gracious purpofe, conformable to 
 the fpirit and intention of the faid A(5t of Par- 
 ** liament, that our Canadian fubjedts (hould 
 " have the benefit, andufe, of their ownL^'ic^j-, 
 Ufiges, and Cufiomsy in all controverlies, re- 
 fpeSling titles of land, and the Tenure, 
 ** Defcent, Alienation, Incumbrances and Set- 
 ** tlcmentof Real Eflates; and the diftributioa 
 of perfonal property of pcrfons dying intes- 
 tate; fo, on the other hand, it will be the duty 
 ** of the Icgiflative council to confider wt^//, in 
 ** framinfi I'uch ordinances as may be nccef- 
 fary for the cilabHlhmcnt of Courts of 
 Jullice, and for the better adminiflration 
 
 I " of 
 
 *t 
 
 <c 
 
 « 
 
 <c 
 
 <( 
 
 <( 
 
 €( 
 
 t( 
 
 « 
 
 «( 
 
 «( 
 
[ 66 ] 
 
 of Juftlcc; whether the Laws of England 
 may not be, if not altogcthcry at leajl in 
 ** party the rule for decilion, in all cafes of 
 perfonal adions, grounded upon debts, 
 promifes, contradls, and agreements, whe- 
 ther a mercantile or other nature, and alfo 
 of wrongs proper to be compenfated in 
 damages; and more efpecially, where our 
 natural-born fubjedts of Great Britain, 
 Ireland, or other Plantations refiding at 
 Quebec, or who may refort thither, or 
 ha've credit or property withi?: the fame, may 
 happen to be, either Plaintiff or Defen- 
 dant, in any civil fuit of fuch a nature." 
 This inflrudion fliews how far the King's 
 Servants have been called upon to introduce 
 into the Canadian jurifprudence, thefe Laws, 
 the want of which and a wife and juft admi- 
 iiiftraticn have, by many, been confidered to 
 have occafioned nearly all the uneafmefs that 
 Colony has flruggled under fince pafTing the 
 Quebec A(5l. 
 
 c< 
 
 (( 
 
 c< 
 
 <( 
 
 «< 
 
 (< 
 
 <( 
 
 (( 
 
 <( 
 
 (< 
 
 (( 
 
 (( 
 
 No 
 
vs of England 
 iTj at kajl in 
 in a/I cafes of 
 upon debts, 
 cments, whe- 
 atiircy and alfo 
 jmpenfated in 
 y, where our 
 Great Britain, 
 )ns refiding at 
 rt thither, or 
 : the fame J may 
 tifF or Defen- 
 ich a nature." 
 far the King's 
 n to introduce 
 e, thefe Laws, 
 and juft admi- 
 n confidered to 
 uneafinefs that 
 ice pafTing tlis; 
 
 No 
 
 [ ^-7 ] 
 
 No. VII. 
 
 JLxtraB of a petition from the old Suhjecls, 
 Citizens of ^lebec, on behalf of themjches 
 and his Majefys ancient Siibjetls refuVuig in, 
 or trading to the faid Province, addreffed to 
 the Legijlati've Council of ^lebec not to pa/} 
 an ordinance (then about to be reported 
 Iry the Committee) called by the Judges^ Mr, 
 St. Ours Bi//, April 6, 1787. 
 
 1 HAT the perfonal property and 
 fafety of your petitioners are materially in- 
 terefted, in the feveral claufes of the laid 
 Bill, or ordinance. That in juflice, as 
 well to themfclves, and other his Majefly's 
 ancient Subje^is, as to the Merchants and 
 others, refiding in Great Britain, they 
 beg leave to be heard upon the fiid ordi- 
 nance, and /Iv//y to fate to this Honorable 
 Council their intere/h ; and the exten/ive 
 importance and tendency of the faid federal 
 articies contained in the /aid ordinance^ whicli 
 merit tlic mo/l ferious deiiln'ration, of tlie 
 legillative council. And humbly to ihew 
 to your honours that, if the refpeclivc 
 
 I 2 *' claufes 
 
.[ 68 ] 
 
 " claiifes contained in the faid ordinance, 
 fo to be reported, (hould pafs into a Law, 
 your petitioners and others in whofe behalf 
 they petition, would be deprived of thofe 
 Colonial and Conftitutional Rights, which 
 by the wifdom and juftice of his Majefty's 
 Government, are held and enjoyed by all 
 his fubjeds, in all other the Colonies of 
 Great Britain ; and which his Majefiy has 
 " been gracioiijly p leafed to recommend might be 
 " fully extended to his fubjedls in this Pro- 
 " njincey And the petition concludes with 
 pray r to be heard by themfelves and Coun- 
 fel, what reafonably they have to fubmit 
 " touching the tendency of the propofed 
 « Law." 
 
 <( 
 
 << 
 
 <( 
 
 (( 
 
 (< 
 
 « 
 
 << 
 
 <i 
 
 
 Extra5i of a Letter from the Committee of 
 Merchants in ^lebec, to their Agent in 
 London^ Adam Lymburner^ Efq. refpeSling 
 the Removal of the Attorney General, 
 
 ^' ^icbec, fime\2i 1789." 
 '' SIR, 
 
 *^ We forwarded by the Maxwell, the v 
 
 ** duplicate of our letter to the London J 
 -2 " Merchants "' 
 
[ 69 ] 
 
 lid ordinance, 
 fs into a Law, 
 1 whofe behalf 
 -ived of thofe 
 Rights, which 
 'his Majefty's 
 enjoyed by all 
 ; Colonies of 
 bis Majefiy has 
 2?nend might be 
 • in this Pro- 
 includes with 
 es and Coun- 
 ve to fubmit 
 the propofed 
 
 Committee of 
 )eir Agent in 
 yq. refpeSling 
 jeneral, 
 
 ne 12, 1789." 
 
 Maxwell, the 
 
 the London 
 " Merchants 
 
 ** Merchants of 2d inftant, and a copy of 
 " our Memorial to Lord Dorchejier, on the 
 «* removal of Mr. Monk, from his O.lice of 
 ** Attorney General. We prcfcntcd tlie lat- 
 " tcr in a body, and were received by his 
 " Lordfliip with much opennefs and can- 
 ** dour, and could perceive tiiat ?2o complaints 
 ** againft Mr. Monk's condud hadoriglnat- 
 " ed livV/?, or been countenanced by him. 
 " He recommended to us, to confider the 
 ." propriety of urging him to forward our 
 " memorial, as we had nothing but report 
 f" for the foundation of our fears; in anfwer 
 f* thereto, it was obfervcd, that we could 
 .** not have accefs to official information, 
 f* but if his Lordlhip would fay, that it was 
 :" not, bccaufe he v/as our advocate, that he 
 -" ivas difmifjed, we would beg leave to with- 
 ^* draw our memorial, upon which he free- 
 ** ly declared, he did not know the caufe of 
 " the Attorney General's rejno'val, and v.'ould 
 ^* forward it to his MVJefly's rvlinirters; at 
 ** the fame time his Lordiliip point eJ:v re- 
 f marked, that Mr. Monk had his and (;c- 
 ^' ncral Hope spermij/ion to appear for us, bc- 
 " fore the Council, as hefbonld be i'/jirne/rd, 
 ff and that if he was to blame for bcin^r our 
 
 ihi'JOLtti. Cy 
 
[ 
 
 ] 
 
 adijocatc, they were much more to blame, 
 for ba-:iug permitted Inin. V/ere tiiis 
 avo',v;\l out of the quellioii ; we cannot 
 believe that his Lordfjiip ever diilipprovcd 
 of Mr. Monk's appearance againil the 
 bill, ii^tended to annihilate the trial by ju- 
 ry; for, previous to the agreement, his 
 Lordiiiip upon application ga-'cc hhn a copj 
 of the nicmorial and complaints of the Lon- 
 don Merchants to the Kings Minijiers, 
 againji the Laws and Adminift ration ofjiif 
 tice, which v/e confider could be for no 
 other purpofcy tlian, that the truth or fall- 
 hood of thefe complaints might be made 
 appear *. 
 
 Adam Lymburner, Efq. 
 
 * This Memorial was applicxl for by t'lc: Counfcl of the 
 Merchants at their cxprefs dcfirc, and making part of their in- 
 ftruftions, to be f.ipportcd liy argument before the Council. 
 
 Cop'j _ 
 
I 
 
 more to blame, 
 
 V/ere this 
 jn i we cannot 
 vcT diilipprovcd 
 ce againit the 
 the trial by Ju- 
 agreem.cnt, his 
 giTVt' hhn a copj 
 nts of the Lon- 
 'j rig's Minijicrs, 
 lijiratlon ofjiij- 
 DLild be for no 
 lie trifth or fall- 
 iiiit?:ht be madq 
 
 ,• the Counfcl of tin 
 ikinj- part of their in- 
 before the Council. 
 
 Colij 
 
 [ 7- ] 
 
 C'jpy of a Letter froiii tic ft:;ic Coiuufittee of 
 MerchiULts, to fames Muul:, Vfq. their ad- 
 vocatey upon his leavi/ig the Province of 
 '^ebec. 
 
 " ^^lebec, 9th N^.'ve/nbery i/^'^;. 
 " SIR, 
 
 " Considering vou at the eve of 
 
 your departure from this Province, we 
 cannot fuffer you to leave us, without coi'i- 
 veying to you the high knfe, and grati- 
 tude we feel, for your great and unweari- 
 ed exertions in general, on behalf of our 
 conftituents, particularly in flatinp-, as in- 
 ftrudted by iiSy to the honorable the legif- 
 lative Council, in fo maflerly and fo forci- 
 ble a manner, the manv defetls in onr Lcnvs. 
 and the mal-adminiflration of fnllice, in 
 the Courts of Lav/ in this Province." 
 " And although it is much feared, that 
 through mifreprefentatio::, you have been 
 removed from your office, of his Majefty's 
 Attorney General, for tlie very laudable 
 and worthy part you adted, iii fupport of 
 the honor and dignity of the Croivny and 
 for the happinefs of His Majeily's fub- 
 
 ]lLiS, 
 

 I 
 
 [ 72 ] 
 
 <* icd^, /^t'% thereto aulhorlfcd hy bh Mdji'f- 
 ** /i/'j Governor, wc fliall be ever ready to 
 « Hand forward, to acknowledge your great 
 " fcrviccs; and on all occafions, bear honor- 
 able tcflimony, of your official, and pro- 
 Jejlimal con^v.tl, during the time you ex- 
 «* ercifcd the employment, from which wc 
 " moft fmcerely regret your removal." 
 
 « JVc bivcc the honor to be ivithgrcatrejpe^, 
 
 yonr much obliged and 
 moft obedient Ser'vatits^ 
 
 « 
 
 « 
 
 (Signed) 
 
 <t 
 
 To 
 
 JAMES JOHNSON, 
 G. ALLSOPP, 
 W. GOODALL, 
 JOHN YOUNG, 
 L. DUNIERE, 
 J. BLACKWOOD, 
 ROliERT LESTER, 
 MATTHEW LYM BURNER^ 
 JOHN PAINTER." 
 
 « 
 
 JAMES MONK, esq/' 
 
 No. V lib 
 
[ 73 ] 
 
 i hy his Majcf- 
 ever ready to 
 i^e your great 
 IS, bear honor^ 
 :ial, and pro- 
 timc you ex- 
 om which wc 
 jmoval." 
 
 thgrcatrefpeBy 
 
 ohlt^ied and 
 dicnt Scr'vafitSt 
 
 flNSON, 
 
 P, 
 LL, 
 
 NG, 
 
 IE, 
 
 WOOD, 
 
 ESTER, 
 
 /LYMBURNER' 
 
 ^'TER." 
 
 No. V III. 
 
 No. VIII. 
 
 The Address of His Majesty's Council- 
 " May it pleafe your Lordihip, 
 
 1 HE extrads from the minutes of 
 " our journals, which accompany this ad- 
 " drefs will /hew to your Excellency, the 
 " reafons and grounds which have engaged 
 " the legiflative council, humbly to requefl, 
 " that your Lordihip will take fuch fleps, 
 " as your Lordihip, in your wifdom, fliall 
 judge beft Q-:i\c\A2iiQd to protest the ends of 
 public jujiice, and to vindicate the honor of 
 Govcrnjncnt, which are both fo efTentially 
 interefted in an enquiry into the charo-es 
 and accufations, fo publicly brought be- 
 " fore the legijlative council, againfl the paji 
 '• adminijiration of jufice, in the Co?irts of 
 * Commn Pleas, for the two Diflridls, as 
 " well as againft the Judges of the fmie, 
 ** and that of inconfiftency in fome of the 
 " judgments oUhe Court of Appeals." 
 i (Signed) « Henry Hope, Prefdentr 
 ** Council Chamber, 
 '* Jpril 27th, 1787." 
 
 (( 
 
 « 
 
 <{ 
 
 « 
 
 u 
 
 « 
 
[ 74 1 
 
 Extmd: from Minutes of the Council. Que- 
 bec, 1 8th May, 1787. 
 
 Read a memorial of the Judges MahanCj 
 Frafcr and Panct. Alfo addrefs of the legilla- 
 tive council ; alfo papers A. and 13. which 
 accompanied the Addrefs *, whereupon it is 
 ordered by his Excellency, with the advice 
 of the council, that it be committed to the 
 Chief Juilice to caufc the inveiligation dcjircd 
 to he madcy by hearing the parties publicly 
 in the Council Chamber. 
 
 The inveiligation committed to be made 
 wasjupon the complaints offered to the Icgif- 
 lative council, comprifed in the loth Art. 
 
 * Paper y\, was the memorial of the Mercliants and ancient 
 Subjeasabovc ftatcdinAppcndix, No.Vll. fora hearing hy Coun- 
 cil againll the propofed Bill. And paper B, was the heads of the 
 arguments ufod, as reduced to writing, forming the Charges made 
 by the I'etitioners, againll the aJminiftratlon of Jufticc, under 
 the French Law of which they complained, and prayed to be 
 rclic'cd from, bv adopting the Chief Juiliccs Bill, and purport 
 oi His Majejifs 1 2th Jytidi:, of inllnuuons. Alx)ve Itatcd Ap- 
 pendix, No. VI. 
 
 For paper B. fee Appendix, No. XI. alfo Appendix, 
 No. XIII. in the Paiiiphlet of the 5tate and Form of Go~ 
 'vernment of thj Frij-vince of i^iebec, 17^9, alfo Appendix, 
 No. II. in Pamphlet, Review of the Go-v.rmunt, i5c. 
 ofthePro'viticeof^ebec, 1788. 
 
 of 
 
I 75 ] 
 
 of tlic Merchants reports to the council, and 
 put on record in the month of January, 17S7, 
 (as ilated in Appendix, No. V.) And in pa- 
 per U. (Appendix No. XI. that) /r/^vz/cv/ and 
 enforced that complaint, and extended it to 
 inconfiftency of legal decifions, in the Court 
 of Appeals, taking up //v judgments of the 
 Common Pleas, for revijion in the Province, 
 And by no conitrudlion could be confidered 
 to mean any other invert Igation than of ju- 
 dicial proceedings in the Colony of Quebec. 
 
 No. IX. 
 
 Proteft by the Chief Juftice, and eight other 
 Members of the legiflative Council, upon 
 Rejedion of a Bill, framed on the 12th 
 Article of His Maje%'s Inftrudions, 
 
 Article V. 
 
 " Because the Bin was framed to Heal 
 " the Divifions and Animofities ivhich have 
 " fo longfuhfifted in the Colony, to its Difgrace 
 and Detriment ', and we are fearful, that 
 the rejedion of it will not only raife a fpi- 
 
 K 2 " rit. 
 
 (( 
 
 i( 
 
;i', 
 
 n 
 
 « 
 n 
 
 €1 
 
 (I 
 It 
 <i 
 (( 
 li 
 tt 
 
 [ 76 ] 
 
 rit, v/hich as a party one in the trite game 
 ofJe//i//j ambition and avarice for petty con- 
 fequencey placCy and projit^ is always con^ 
 temptiblc \ and l\\o\\^ jhmctimcs harmlef>', 
 is neverthelci.s to the laft degree dangerous 
 in a country of mixed nations, habits, and 
 languages, where the name of the party, 
 if the contejlsy refpe^s tl^c fubjlantial inte^ 
 rejl of the Croivn and Nation, ivill he 
 changed into the ferious Difcrimination of 
 loyal and diililfeded." 
 
 2()th Marcby 1787, 
 
 
 <( 
 
 i< 
 
 No, X, 
 " Protefl. Art. VI," 
 
 IjE CAUSE ivitbout fome regulations 
 to quiet the Murmurs againji the courfe of 
 adminijlering fujHce "which has obtained 
 here for Years paft, exprejjed in the Reports 
 on our table, from the Magi ft rates and 
 Merchants of the Province, and the com- 
 plaints to the King's Minifters, by the 
 Merchants of London, the Commerce and 
 Settlement of the Colony, cannot advance, in 
 
 " the 
 
[ n ^ 
 
 « 
 
 (( 
 <( 
 
 (( 
 if 
 
 tl 
 «( 
 
 f/jc Ccurfe Ncceffary to give it Jtrength, for 
 its c^j:n kcurity, and to cover the two 
 other Provinces, fortunately to all of 
 them, commit led to tnc wifdom and vi- 
 gilance of the noble Lora, who is io well 
 difpofed, and qualilied, to raife them to 
 fafety and profperity, if their cheerful co- 
 operation fhall not be wantin^^." 
 26th March, 1787. 
 
 No. XL 
 
 Extradt of Heads of the Argument or gene- 
 ral Charges brought by the Commerce 
 before the Legiilative Council, on the 
 14th oi April, 1787. 
 
 1 HxAT the legal and judicial con- 
 flrudion given in this Province upon the 
 Quebec act was, that it fully introduced 
 the general EdicHwA ordinancies oi France, 
 and the Cuflom of Paris, as ufed and exer- 
 cifed during the French Government, as 
 the only rule in His Majeily's Courts for 
 *' deciding civil rights between all His Ma- 
 
 " jeily's 
 
 (C 
 
 n 
 
 <( 
 
 « 
 
 il 
 
 « 
 
[ 7S ] 
 
 ^' jefty's SubjedLs old and new." " That 
 
 ere 
 
 Mr. 
 C'lr's 
 
 St. 
 Bill. 
 
 *' the Judgments of the faid Courts 
 ** not maile iiponfuch Rule of prevailing Law, 
 " cither in ?<';/'//irw/(y admitting, or rejeding, 
 " the Edicts, or Ordinances ; or the Articles 
 ** of the Cullom of Paris ; and did at times, 
 admit either, and at times rejed: both, and 
 adopt the Eiiglijh, Statute and Common 
 Law, as the Law to adminifler fubjlan- 
 tial Jujiiee.'' 
 
 " That this uncertainty in the judicial pro- 
 cecdingG and '^Judgments of Laic, and in 
 the excrcife of a judicial authority, ?iot 
 founded in the Law of the Province, that 
 legally ought to prevail, and thereby Legif- 
 lating\w\\\ {land proved, upon enquiry in- 
 to the f'vera! Cafes ftated at the Bar of 
 the Council, ■Ani\ others, which your Pe- 
 titioners are ready to adduce." 
 " That thofe evils were maniieit and rui- 
 nous to the King's oubjedts ; that they re- 
 ** fultedfrom the Caufs, which the propofed 
 " Bill would not only continue, but infinite- 
 " ly increaf'.'' 
 
 In fuppcrt of the reafons offered by the 
 Commerce again/l the Bill of Mr. S. Ours, 
 iind for that of the Chief Juftice's, twenty- 
 three 
 
 <( 
 
 tc 
 
 ti 
 
 <t 
 
 (( 
 
 (( 
 
 (( 
 
 f( 
 
 it 
 
 t( 
 
 a 
 
 f( 
 
 it 
 

 [ 79 ] 
 
 three Cafes were largely Hated at the Bar, 
 from judgments made in the two Courts of 
 Common Pleas, diid the Court of Appeals. — 
 On the 2 1 ft of April the Honorable Judge 
 Mahane moved, and was fuppor*-ed by Mr. 
 Judge Frafery to fend for the clerks of tvco 
 Courts infanter^ thit the Council might in- 
 fpecl the declarations filed in two Caufcs, 
 and thereby a complete juftification would he 
 madcy to the Judges, who were ftated to 
 have been accufed of partial it v. Voted in 
 the negative y 16, to 3. Enquiry was then 
 moved by the Lieutenant Governor on the 
 broad principles of the complaints, and 
 charges, that had been fo long made, againft- 
 the adminift ration of juftice, in the federal 
 Courts, and Judges of the lame; upunvv-hicli 
 an addrefs to the Governor, and an inveili- 
 gation, were afterwards made. 
 
 No. XII. 
 JlLACH Court of Commcn PLj-is, is 
 
 created a Court of Probate, jlj'ter pLLlTing 
 the Quebec Bill, the old Subjedt;-; continued 
 to apply for letters of adminiftration on in - 
 teftate eftates, in the fime manner, as //vV 
 
 to 
 
[ So ] 
 
 to the Quebec A<5t, 7i?2tA'r the Laws of Rng- 
 Lv2:i. The Caii:idians were not then inte- 
 reflicd to prevent this " as a ruinous change 
 upon their i.uimutahle fundamental Laws^" or if 
 attempted, the Judge of each Court of Com- 
 mon Pleas, thought proper to grant letters 
 of adminiilration to the old Subje6ls, during 
 eight years, after the Quebec A^ii, in the 
 fame manner as prior to it, and took bonds 
 under the Statutes of 22 and 23 Charles II. 
 for a faithful adminiftration, conformable 
 .J thofe Statutes. — yJfter the Petition of 
 178^, the Judges of the Common Pleas at 
 Quebec thought proper to refife Letters of 
 Adminiilration, as contrary to Law, and 
 confined the old Subjeds, to the rule of 
 French Law, by Letters de Curatelle & Tu- 
 tellcy and to modes of coUedting inteftatcs 
 effecis, of which they were totally ignorant, 
 and often felt great inconvenience, and ex- 
 prelTcd their complaints in the uncertainty 
 of tVj Laws fo declared to prevail. 
 
 i^ee Deprftions of David Lynd, Efq. Clerk 
 of Probate Court, 2d Nove?nber, 1787, in 
 the Inveffigation Papers ^\ 
 
 So 
 
 * The references generally made to depofitions and examinatlf,ns 
 are to the telHmony of perfons examined upon the invelligation, 
 
 crdereTi 
 
[ 8, ] 
 
 So little indeed ha-i the Court of Pro- 
 bates at Montreal, formed any Idea of the 
 Ilule of Right, in what concerned In- 
 teflates efiates, -hat the EfigliJJj Judge 
 granted Letters of Adniiuillration, under 
 Jecurity, conformahle to x\\7. Engliih Sta- 
 tutes, and the French Jutlge of the fame 
 Court, granted Letters of Curatorfliip by an 
 Eledion in an ailembly of relations or friends, 
 liHthout fecurity, to adminilter upon \h^fame 
 cftate : and the Adminiftrator, and the Cu- 
 rator were both profecuting and recovering 
 debts of the Liteftate at t\\(z fame time ! -f- Af- 
 ter the argument of the Merchants in the 
 Legiflative Council agahijl the difpenfation of 
 juftice, 6cc. Tlic Judf.':es of the Common 
 Pleas held a ckjer adherence to what was 
 called French I^aw, and fo (Iridl was the 
 Court of Common Pleas at Montreal, tliat a 
 
 \rk 
 
 in 
 
 )0 
 
 \f,ni 
 m. 
 
 ordereJ.by the Governor, with the ;id\ Ice of his Council, that 
 tlie Hononibic judgos, or their friench;, nifiV refer to the evi- 
 dence, upon which aillrtions are made, and thrit the public, fo 
 foon as thofc papers are publiilied, mav have the ready means 
 of perceiving, the detailed, and authenticated ilace of judicial 
 proceeding , in the Colony of Quebec, to whieli thi:. nnf.ver 
 has in fome degree referred, 
 
 t Eftate of Robert Dichfon, dcccafed, Intcflate, to which 
 John Grant was appointed Adminillrator and Frarrcio Bcr- 
 thclet Curator. 
 
 L Curator 
 
:l»» 
 
 [ 
 
 rofccuted 
 
 b2 
 
 ] 
 
 Curator profccuted an Adminiflrator (each 
 
 holding equal powers from the fame Court, 
 
 to colled effeds of the fame eilate) for a 
 
 The Cafe debt the Adminiflrator perfonally owed the 
 
 above fi.-.tnl. *■ J 
 
 Intcllate ; and the fame Court that granted 
 both powers, gave judgment for prevalence 
 of the French Law. The Curator recovered 
 againil: the Adminiflrator, though the Let- 
 ters of Adminiitratjon were not fuperceded ! 
 See the teftmony of Arthur Davicfon, Efq. 
 zzd Otloher, 1789. 
 
 No. XIIL 
 
 Peter Livius 
 EA). LLD. 
 
 IN the year 1778 and 1779, complaints 
 againfl: the Laws and Adminillration of juf- 
 tice were fo forcible, as to effed: an Lijiruc- 
 tion from the King to his Governor and 
 Council of Quebec, to frame and pafs an or- 
 dlnancey to new Model the Courts of Common 
 Pleas and Appealsy and by which the Chief 
 Juftice was to prefule, and become a refpon- 
 fible character, at the head of loth Court.^. 
 This inllruftion was voted againft, and con- 
 fidercd as defeated in Council l^y the judges 
 

 
 f 
 
 [ 83 ] 
 
 of the Common Picas, to the continuance and 
 Jtipport of their poicer. 
 
 An inftruaion which declared. " itexpe- 
 " dient and agreeable to our Royal v.Al a,ui 
 " pleafure, that our Subjects, i,.lu.bitar.ts of 
 " our Province of Qi,cbec, Jhau/d have and 
 2 enjoy the benefit and fecuri y refulting to 
 " them, from a more fpcedy aiid effectual dif- 
 "tnbutionofLaw and Juftice, cccordin^^ 
 y be principles of the Britijh Conjiitut,on, as 
 " far as the fame can be adapted, to their 
 " peculiar circum.ftance and fituation." See 
 hjlrtiaion ibthofjtily, ijjc,. 
 
 Upon the Legiilative Council voting a Re- 
 solve. « nat an ordinance fuch as is dire^ed 
 by the Kmg's additional inftruaions. of 
 " ,' '6th of July, ,;79, would «//,,for 
 " the advantage of the Province, nor a «.;v 
 "fpcedy and effectual dijhibution tfLa,csand 
 Jnjtice. 
 
 Mr Ailfopp entered a proteft, holdin;. up 
 h.s reafons that the council ihould confi.rn, 
 to his Majefty's inftruaions, an>ong the 
 articles of which it is dated, " as a further 
 " proof that the eftabliftment of the civil 
 '' <-ourts. requires immediate ammendme.it, 
 
 't appears that a deep wound has been 
 
 L 2 
 
 « 
 
 givca 
 
[ H ] 
 
 " given to the Proteflant religion, by the 
 |iidges of the Court ofConitnoii Picas <-?/ 
 ^cln'c, fitting as yudgcs cf the pi-cro^^^aiivc 
 Court', tlicy, having by tlicir judgnicnt con- 
 figned ovjr, to Roman dubollc guard'uvi>\ 
 to be educated in that religion, jhc Pro- 
 tellant infants, duly baptized and received 
 inlo the eftablilhed Church of Ewjldud, the 
 Children of ^//'/ /l;/^-////!) Protefcant, ijy one 
 ot his Majefty's new Subjecls, v/Iiofc dif- 
 taiit relations and friends, exceeded far in 
 nuiFiber the grandfather and paternal uncle ^ 
 the fponfors at the haptijin of the childreny 
 therefore the rii^hts thefe lattery contended 
 for, to fup::rintend th." education of the 
 " laid children, -as they were bound to do, 
 " could noty or ivould not, be admitted by 
 thofe Judges. But if ever a difcretionary 
 pou'er could be exercifed, or the juftice 
 *' of a caufe received, this ftriking intereft- 
 ing occafion, required it. Therefore by 
 by a like rule of deciiion, the children 
 of the paternal uncle above cited, who has 
 "y/Tvfons bvan Englilh Proteflant, i^'W^/, in 
 *' call; of th.e death of their parents, by the 
 ** interpoiition of the fame perp.nsy be fub- 
 ** ]cO. to be educated in the religion of the 
 z *' Church 
 
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[ 85 ] 
 
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 Church of Rome: and f'omfuch decree Sy no 
 
 appeal is ejhihlijhed by La'iv F' 
 
 See P rot eft 6th of Marchy 1780, /;; 
 proceedings of the legiftative Council. 
 
 The Cafe alluded to was, Acklam Bond- 
 field, Merchant, who had married M. 
 Boiirouac a Canadian, foon after the efl:a- 
 blilhment of Civil Government in Canada; 
 and died cfter the Quebec Bill took effed 
 in 1776. 
 
 In a matter of Tythes, one Jean Pain in 
 the year 1783, renounced the Roman Ca- 
 tholic faith, and was admitted a member of 
 the Church of England. The Roman Ca- 
 tholic Priefl of the parifli, where Pain re- 
 fided, neverthelefs inlifted on his payment of 
 Tythes, and upon refufal, a profecution en- 
 fued, before a B.o?nan Catholic yudgc of the 
 Court of Common Pleas, who gave judg- 
 ment, that Pain tliough ?20t of the Roman 
 Catholic Church was ftill fubjcd: to Tythes. 
 A judgment, held up as contrary to Law, 
 and as contrary to policy, or juilice; and of 
 ferious political confequence in the Colony. 
 
 No. XIV. 
 
r S6 ] 
 
 No. XIV. 
 
 In the Court of Common Pleas at Mon- 
 treal, the bankrupt Law of France was con- 
 ^iJered as the I.,aw of Quebec, from March 
 ^779 to the year 1781, and perfons dif- 
 charged under the title of Se^^y/ce de cefjion 
 (dehvery of EfFeds) ; after that period, fuch 
 d.fcharge was refufed, without any Law to 
 ^iter the rule of dccijmi that had i^revailcd 
 tor years. 
 
 *Sc. cxa^nlnation of J. IValker, Efq. at In^ 
 tcr rogatory 21, and examination of A. David- 
 fon,^Efq. Interrogatory 22, alfo Appendix 
 to " State of the Government of^iebecf xVo. 
 15 and 17, the latter a judgment in the 
 Court of Appeals (21ft of February, 1778) 
 avowing the fid of record, oUdmiJJion, and 
 rejeaion, of the Code Marchand, or Bank- 
 rupt Law of France, by the federal Courts in 
 the Province. 
 
 See Fn- 
 
 vcrtigation 
 Papers. 
 
 No. V. XV. 
 
 Testimony 
 
 of Llenderfo 
 
 on 
 
 is offered in \\\q: Cafe 
 Hart, that the Plaintiffs 
 
 council 
 
[ 87 ] 
 
 council infifled on proceeding to trial, and ad- 
 ducing proof. That Mr. Judge Frafcr then 
 produced a private letter of informationy from 
 his friend and acquaintance (who was aUb 
 interefted in the caufe though not named in 
 thefuit) that fet forth explanations to his s.e Exa- 
 fricnd the Judge, and denied the fac5ts ftated w."t:cii; 
 in the declaration and demand. And that J^etgll" 
 upon this ftatement the Honorable Judge vidfni^/E/C 
 declared from the Bench, that he -ivould pay j'"waiic2; 
 viore credit to the letter in his hand, than any ^^^ 
 evidence the Plaintiffs counfel could pro- 
 duce ! The Judge was fatisfied. The evi- 
 dence refufed to be heard: and the Caufe 
 difmiffed with Cofls ! 
 
 In the Cafes Perkins, i\ Bolton, and 
 Dobie, V, Grant the lame Court ordered 
 prcof to be made of value given for pro- 
 miffory notes. 
 
 In the Cafe of Colonel Campbell, v, James 
 M'Gill, Mr. Judge Frafer, firft Juflice of 
 the fame court — refufed that thofe rules 
 would apply, alledging " that he had known 
 " Colonel Campbell for many years, and 
 " that his honor and character weip-hed \\'ith 
 
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 " him much, nor could he ever believe that 
 
 " Colonel 
 
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 " Colonel Campbell would be guilty of a 
 " difionorable aftion." 
 
 In thefe cafes the valgar and ordinary con- 
 clufions that ajDpeared to be drawn were. 
 aminationof To Brltifli Meichantsi " "Prove the ^:alne you 
 
 J. Waikcr, J 
 
 'a^amr'^" " have given for notes ViG^QQV^\^'\ To Co- 
 
 ditto'li'^io ^^"^^ Campbell (fupcrintendant of Indians, 
 
 Aifo'^^Exa- dealing with the payer of the note for fup- 
 
 R "doVcJ plies) The reaitude of charadier in an old 
 
 ''^* acquaintance, and brother officer^ requires no 
 
 evidence to prove a confideration upon a note 
 
 not negociable ! 
 
 The judgment was for ^^i coo, an appeal 
 would lie through the Provincial Courts to 
 the King in his Privy Council. And upon 
 inftitution of the appeal. Colonel Campbell 
 releafed the debt upon payment of ^^500. or 
 fome fuch compofition though the defendant 
 as truflee to the ejlate of Porteous was able to 
 pay the whole debt adjudged. 
 
 No. XVI. 
 
 1 HE Cafes ftated in the Appendix, 
 No. XV. may with fomc propriety be ap- 
 plied here alio, and examinations have been 
 
 made 
 
t 89 i 
 
 inade on this head, and are very pointed : 
 That Mr. Judge Rouville had frequently de- 
 clared from the Bench, that he had had 
 communication with the parties out of Court, 
 and was fufficicntly inftrudted ; that he had 
 refufed to hear Evidence, and proceeded to 
 Judgment, on kis owji knowledge of the 
 fa^ts'y That Mr. John Antrobus had pre- 
 vailed with his advocate, the intimate of Mr. 
 Mabaney privately to folicit the interefl: of 
 that Judge—and Mr. Antrobus fucceeded 
 in the objed he was folicitous to obtain. 
 That yiv,]wAgQSoiithoufe h^d privately c? d- 
 I'fT^.y the profecution of fuits, and the fuitors 
 who followed that advife and aid, had never- 
 thelefs fiiled in the caufe, to their infinite 
 diftrefs. 
 
 Although the following remarkable cafe 
 may not diredlly meet a charge of fecret in- 
 fluence, yet it has circumftances that ftrongly 
 mark the uncertainty, and the peculiar courfe 
 of adminiftcring the Juflice of that Colony, 
 in the Court of Common PL-is at Montreal. 
 
 Mr. Judge Frafcr was an aCtin;^ dcpiitv 
 I ayniail-cr, under Thomas Boone, Eiq. and in 
 the year 1786, upon thofe duties pnffmginto 
 the hands of Mr. Winllow, Mr. Tri^fer fcil 
 
 -^J in 
 
 Sfe Exami ■ 
 natio?! of' 
 Arthur D.i- 
 vidloM, Efq; 
 at Intcrrog. 
 Si.LcPall- 
 Ifiir, Cierk 
 of Common 
 Picas at In- 
 terrogatory 
 10, the i4t!i 
 ofSeptembcr 
 17S;. 
 
 J. Walker, 
 t<q. at In. 
 
 tcrrogatory 
 
 27' 
 
 Depofitlon 
 of'Jolin An- 
 trobus, 
 
 Examina- 
 tioa ot" R. 
 
 aifoGtW.D. 
 
 I'.AVcIl, ru 
 
 Iutj'.rog.i4, 
 
in arrear upwards of /^8ooo — and in the year 
 1788, the balance remained upwards of 
 ^^5000 — which Mr. Frafcr avoiding to pay, 
 a profecution was inftitutcd necelfarily, in 
 the Court of Common Pleas, at Montreal. 
 Mr. Frafer came into Court in July, and con- 
 felTed judgment for thedebt, of/J5538. Hj-. 3^. 
 and intereft and colls, with a releafe of 
 errors, and ftay of execution, ftipulated to 
 December 10 lowing. The Court was com- 
 pofed of tile Judges, Roiroi/lc and Soutboufc — 
 In December, Mr. Judge Frafer could not 
 pay, and ilriving to evade, Mr. Boone's Agent 
 took out execution, figned by the Judge 
 Rotrcillcy as grounded upon a legal Judgment 
 and Record. Mr. Frafer raifed frivolous 
 pretences, that his fecurities had paid the 
 defalcation of the public money, in England. 
 And under thefe pretexts obtained ql furcts or 
 fuperfedeas from his fuppofcd friend, and 
 afterwards Jlatcd to be a Relation, Judge 
 Rouville to flay the levy of execution. 
 When the legality of the fuperfedeas came 
 on to be heard, Mr. Judge Rotrcilley who had 
 fat in Court, to receive the confeffion and 
 enter Judgment, and afterivards figned, and 
 authorifed the ilfuing, and levying of the 
 
 Execution ; 
 
[ 9' ] 
 
 Execution : and by his folc authority granted 
 u luperll'deas to a judgment, that finely he 
 could not have entered: and this, uron the 
 liippokd Kquity, cxprelied in his l^rt)ther 
 Judi^c /'Vvz/^v's Petition. — ^'et upon hearing; 
 of the merits of the petitit)n and riiperledea-:, 
 t.lw public and the Honorable Judge Friif*' 
 were alloniihed to perceive, Mr. y^';4'V 
 RoutI/Il' declaring that he was a relation^ of 
 Mr. Judge Frafer, and llood particularly 
 probihitcdhy Law, from fitting in judgment, 
 or cxercifmg judicial authority, on ^;2y fuit, jit. j.^. ' 
 or matter, v/here his honorable fri^^nd ludri:e t ''-^ 'J<^ 
 Frafer was interefted ! This alliance was not 
 pretended to be a recent one, but if any fuch 
 cxifled it had fubfilLed near twenty-five years, 
 by intermarriages in the Defchambault and 
 Rouville families. The fuperfedeas was de- 
 clared by a competent Court (xMr. Rouville 
 having quitted the Bench) to be " irre^^ular 
 *' and of no ejl'cd.'' Here the public hiicMWz 
 the more aftonilhed, w hen it perceived tlic 
 j luMoruble judge FniLr ^'- pleading to the jurif- 
 " diction of the Court, a6.;'/ /^^i received his 
 " confellion, and ////////v/^', that the judgment 
 " fo confelfed, was before a Court lidttjout 
 " power to receive or enter fuch judgment. 
 
 .M 2 
 
 n 
 
 and 
 
[ 92 ] 
 
 a' J 
 
 " and the whole proceedings coniui iionjudh 
 " his relation Mr. Rouville being one of the 
 " Judges, without whom (or a lecond Judge 
 ** to Mr. Southoufc) no Court could have 
 ** been formed. Therefore that the execu- 
 ** tion proceeded not, upon a legal judgment 
 " and record, and was a nullity!" This 
 plea was over-ruled alfo, and judgment en- 
 tered, from which Mr. Judge Frafer appealed, 
 and after a delay of feveral months in that 
 appeal, when the Caufc came on to be heard, 
 Mr. Judge Fraf^tr again confeiTed Judgment, 
 and withdrew his Appeal. Tlie truitees of 
 Lord Lovat's eftate, under the fecurity by 
 General Frafer have, lately paid the Bond of 
 ^^5000 — and Mr. Judge Frafer has found 
 means to fettle the balance, and reflore to 
 the public cheft, that money, that the 
 Honorable Judge would have been ready to 
 cenfure, any Merchant in Canada for with- 
 drav/ing, for a day, much lefs fir years — 
 and attended with clrcumjlances of defence, 
 that at leall:, may be confidered as not the bejl 
 example to thofe charaflers, who have been 
 held up as the defrauding debtors of the 
 Croivn ! 
 
 One 
 
[ 93 J 
 
 One of the Ilononihlc Judges ol'tlils Court 
 has lat'-Jy djfcovcred an incapacitv, or nuii- 
 knowlcd^^c of the Canadian Law, and is c(;ji- 
 lidered as having tcvV/; great borrjiy, " con- 
 *' fcilcd judgment," upon the complair.is 
 and impeachments by the Merchants, and 
 fubfequent invelligation therein. 
 
 A Caufe at il'lue in the Court of Common 
 Pleas, for fettlement of an intcflate's cllite, 
 upon fuit by a widow for her dov.cr, where 
 the rights of children and creditors came 
 under confideration, afforded the Hop.orahle 
 Judge Soutboufe a mean of retiring fioin a 
 feat, he had long and painfully lielJ. Oij 
 the 2d of July, 1789, he appeared in Court, 
 and caufed the 1 olio wing entry to be made 
 on the records of the Court. 
 
 ** I Edward Southoufe, I. C. ?. jiot hc:n^ 
 ** J'^.ffi'-'''^'^ih' ^''-cquaintcd with tlie Lews and 
 *' Cufloms of the country, wiih rdV-ct to 
 " the matters in ilHie, between ^udiuue 
 ** Defchambault and Monfieur I)e Jlouvrde, 
 ** the C:uratGr, and Ivlr. Judge Fniler, an 
 '' intervening party, I muft decline taking 
 *' any part in the Caufe, or any ether, as [ 
 '* mean to write to his Excellep.cy, Lord 
 ^* Dorcheflej-, to accept the rc;:^-.:iloii of 
 
 " iny 
 
[ 94 ] 
 
 ** nv/ Jiu!gc(]ilp, t.l'^t a fnorc aclivc "Judge 
 " iruiy be iippointcd." 
 
 T]ic above cjUry was followed bv the de- 
 clared Letter of reii'^nutlon, and Mr. fudee 
 Soutboufe's return to Kn rrland the lalt fall, 
 alter folliciting and entertaining the coni- 
 lort.ible hopes of receiving a penfion, for his 
 long fjrvices. Mr. Soiuhoufe was appointed 
 in 1770, and remained on the bench till 
 July, \']\^(), "rhe evidence collected in the 
 Invelligation Papers, lliew the jiift ground 
 of coinplaint, and meet the Honorable 
 Judges confeJnon, 
 
 '* The tedimony oF advocates in that 
 " I'ourl declare, — I have found the (udg- 
 '' liicnts of the Court of Common Pleas for 
 " the diilridt of Montreal, founded /wz/.Y/Wj- 
 *' on tlie ordinances of France, lomctiHics on 
 " fi.e Cuflom of Paris, fonict'ums on the. 
 " i>av.s of Pnf^land; but in common, [have 
 *' ;:'/.-' been able, exndly to afceitain on ichat 
 " J.ii.i^ they have been founded. I have 
 " Ivuown Cafes judged hy ilifj'crcnt rides of 
 " L(rii'\ the greater mnnber of Judgments 
 *' pronounced in Caufes in v/hich J have 
 *' b':en concerned, / conjider lo have ])een 
 " decided rather on the Judges fe-if' of 
 
 " i'(iuity, 
 
[ 9i ] 
 
 ** Equity, and moral rectitude, than am' 
 ** known principle of Law." 
 
 " I have licaril Juilgc Southoiiic declare 
 ** upon the hcncl'j that he had no ocai/ion f'o)- 
 ** a knoi.i'lcd'^c oi' the French La-Li\ contained 
 ** in the books, then on the table in Court, 
 *' (!s his co}iJcience li'ns the Lcm, \vhich guided 
 " his yudi^ments. 
 
 Examination of IF. D. Poi.e//, Fj>j. 
 
 " I have heard the Coutume de Paris ad^ 
 " mitted to be Law, and not to be Lav/, or 
 " at leaft have found it not to he followed^ or 
 " oblerved as luch, by al/j or any of the 
 
 Judges of the faid Court, except Mr. 
 
 judge Southon/e, whom I have aiways 
 
 found conjijient in his declarations, that it 
 " was no Law to govern him." 
 
 Examination of Arthur Daiid/ln, F./q. 
 
 (( 
 
 «( 
 
 «( 
 
 No. XVIL 
 
 J'AI quelque fois vu moi meme (et 
 " j'ai entendu dire qu'il arrive fouvent) dans 
 " la Cour de Plaidoycrs Communs a Mon- 
 
 ** treah 
 
[ 96 ] 
 
 tr. al; piiiu'lj\ilcmcut lorfqiic Ics procc-* 
 durt's nc ioAt point ccritcs *, /es Avocuts 
 ri'jpcciij's ties piirlii's, siiitcvr'jWprc niutucllc-' 
 n::'Hff i'i' I': c'jUp: la parollc^ h Jin d'cmpccbcr 
 Jh pr.riii' dJccrfc D'i;TA!ii,iR fcs prcuvcs et 
 dc dcduii\' fcs i;i'y;c;is : ct aii milieu dc la Ca- 
 cophoiiic qui cii rclliltoit : roiry Ics yiigcs, 
 Ics Crcf/icrSf Ics pariicsy Ics avocats non 
 conccrncSf ititcrvciiir corifufcmmcnt ; par des 
 'railleries, ihs /iircajh;s, et dc reclamations i 
 chacun a fa mode \ ct Ic Jiigenient fortir 
 i/timediatementy du rcfultat de ccs fcenes 
 grotcfqucs et indecent es, que nulle exprej'-' 
 Jion nc peut reprcfenter ! 
 •* J'ai iouveiit cntendii Ics Avocats, et Ics 
 parties Ic plaindre, que par une telle pra- 
 tique, lev.rs affairs ctoicnt yngees, fans avoir^ 
 pufaire Connoitre les faits, les circonjlances, 
 ni les me rites de lenrs Caufes /" 
 ^ee Examination of Jos, Papineau, Not aire a 
 
 Montreal. Jjrcejligation Papers i^tb 
 
 Scptcmacr, 17H7. 
 
 * In ill! Caufes urn'.;';- C- 10 flcrling, .ind wlicrc no appeal is 
 alloweJ by t'ac orJinancci of che Governor and Council. 
 
 " I haver 
 
« 
 
 ft 
 
 €f 
 
 « 
 
 « 
 
 [ 97 ] 
 
 •* I have foinetiines myfclf ll-cn, (lukI I 
 ** have heard that it often happened) in the 
 " Court of Common Pleas, at Montreal; 
 " principally when the proceedings in the 
 Caufes were not reduced to writing *, die 
 refpeahe advocates of the parties mutually 
 interrupt each other, in order to prevent 
 " the advcrfc party from eftabUjhing his proofs, 
 " and deducing his reafons ^ a^nd in the 
 midjl of the Cacophony that attended thefe 
 proceedings, I have feen the Judges, the 
 " Rt'gi/lers of the Court, the Parties, the Ad^ 
 locates not employed i?i the Caufs, con- 
 fufedly interpofe, %vith railleries, farcafms, 
 and reclaimings, each in his way; and the 
 Judgfnent immediately ijj'ue from the refult 
 of /A/' grotefque and indecent/vm, that 
 no expreflion can reorefent ! 
 " I have often heard the advocates, and the 
 " Parties complain, that hy fuch a prav^ice, 
 " their interejls and rights were adjudged, 
 " ^vithout their being able to exhibit the 
 *' facts, the circumjlances, or the merits of 
 " their Caufs /" 
 
 • In all Caufes under X;.io ftcrling, and wlicrc no appeal is 
 allowed by the ordinances of tlie Governor and Council. 
 
 ({ 
 
 <( 
 
 (< 
 
 « 
 
 « 
 
 (( 
 
 (( 
 
 N 
 
 See 
 
[ 93 ] 
 
 Sec alfo cxiiminatlon of Jiimcs Walker, 
 Kfq. at Interrogatories 27 and 48, of the 
 Judges quarreling on the bench, and quiting 
 the feat of Jullicc, that on fuch occafions 
 funk into inaction, ordifgrace, by the want of 
 concord, or competency ; in the divifion, or 
 intemperance of a dirtradted Court ! 
 
 See alfo examination of A. Davidfon and 
 J. Walker, Efq. Advocates that teftify to the 
 fcenes above defcribcd by Jofeph .Papineau, 
 and to the overbearing and arbitrary condudt 
 of the Judges at Montreal. 
 
 J. W. at Interrogatories 46 and 48. 
 A. D. at ditto, 43 and 50. 
 
 No. XVIII. 
 
 i.voeo.iii. A. Was profecuted on a penal Statute, 
 
 fxam'.ofw! for felling liquors without licence, and B 
 
 D. Powell, . , ^,. 7 /• 7 
 
 Eiq. at In- called as a witnels. 1 he defendant was ac- 
 aifo'j."wai- quitted, and the ivitncfs injlantly condemned, 
 
 kcr, at 24. M ^1 r • rT-<i 
 
 to pay the cojis of the prolecution; " The 
 " Judge having coiifidered B, as a tale hearer, 
 " and to have given rife to the fuit, which 
 " had failed." 
 
 o. In 
 
[ 99 ] 
 
 Trarn. of 
 A. David- 
 I'll), KAj. ,ic 
 
 Ill'Ulug.28. 
 
 In 
 
 In another like profecution, upon a penal F,tm. of 
 
 Law, the defendant was acquitted, and the i?.!;'"?!': 
 
 ivitnefs immediately condemned to pay the "^^^r^, 
 
 jiney for which the defendant was profe- a? "nui* 
 
 <-^ted. IrmrrogUs. 
 
 A, profecuted B for the recovery of the Fvam.of f. 
 value of a horfe (in trover) defendant was a'lfw.M* 
 acquitted, and one Mackenzie' the rcitne/s, ^iZ^it 
 inmiediately condemned, to pay for the 
 horfe. 
 
 In the Cafe of Kay. vers. Morelle there 
 not even any procefs, declaration, default, or 
 plea. An account exhibited, and Judgment 
 granted, for ^^5 21 \^s. od. and execution if- 
 fued thereon; and like Judments in four 
 other Caufes made the 14th September, 
 1784. 
 
 See examination of the Advocates, Attoniics, 
 and Clerksy of the Courts of Common Pleas. 
 That there have not been any rules of praflice 
 eflablijhed by the fudges of either of thofe 
 Courts, during eleven years, being from their 
 infiitution, after pajing the ^lebec A61, unto 
 July, 1787, luhen the framing, general 
 rules of practice, was enjoined upon the Judges 
 of the Courts of Common Pleas, by an Acl <?/" I'l- ^-h. *. 
 
 N 2 
 
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the Le-ijlatun\ under the adminijiration of 
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 John Burke, Clk. Com. P. i6 
 
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. [ io6 ] 
 No. XX. 
 
 It appears that in the month of No- 
 vember laft. Complaints and Petitions were 
 reiterated to the Governor General, expref- 
 five of the anarchy and confufion in the Co- 
 lony of Quebec ; from the luant of certainty 
 in the haius and Courfe of adminiilering Juf- 
 tice. A Petition prefented to the Governor 
 General iVom the Committee of Merchants 
 and others, w^ith a prayer that the fame 
 might be conveyed to his Majefty's Minif- 
 ters, contiiins the following declaration: 
 " That your Memorialifts have .^ceived 
 information from Adam Lymburner, Efq. 
 their Agent in London, that the confide- 
 ration of the affairs of this Province, have, 
 from unforefeen obllacles, been poftponed 
 by the Kings Minifters, 'till the next Sef- 
 iTons of Parliament, ivbilji your Memo- 
 ** rialiils regret the occafions which have 
 " retarded the difcufTion of their Petition, 
 " for a reform in the conftitution of this 
 Province, they beg leave to Hate to your 
 Lordfhip, that the grienjances which ori- 
 ginally gave rife to their Petition and com- 
 
 " plaints. 
 
 t( 
 
 *i 
 
 €i 
 
 It 
 
 It 
 
 « 
 
 << 
 
 (( 
 
 tt 
 
 '> 
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ii 
 
 t( 
 it 
 ft 
 *t 
 
 • 
 
 t( 
 tl 
 
 n 
 
 [ 107 j 
 
 p/riwts, do 7?/// cxi/l; ancltJiat the /;.,//-. 
 cacy and uncerta'mty of the Lawsj and the 
 contraditlory decifilons, in the Courts of 
 Jurticc thereon ; and the confufion which 
 prevails in the ^orm^ oi 'Judicial procc^d- 
 nigs, have become more and more nianifell 
 and dcjiruaive to the interefts of His Ma- 
 jclly's Subjects." 
 
 November y 1789. 
 
 FINIS.