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■ 
 
 PHlL^ftSACNOli, 
 
 Ouisec, Canada. 
 
INTRODUCTION 
 
 it' 
 
 T T H E 
 
 OBSERVATIONS 
 
 MADB BY THS 
 
 JUDGES of the COURT of COMMON PLEAS 
 
 FOR T H B 
 
 DISTRICT of QJJ E B E C, 
 
 U » W T H t 
 
 ORAL AND WRITTEN TESTIMONY ADDUCED fDN TH£ 
 
 INVESTIGATION 
 
 INTO THS 
 
 Past ADMINISTRATION of JUSTICE. 
 
 ORDIRID IN CONSXqUKNCX OF AN 
 
 ADDRESS OF THE LEGISLATIVE COUNCIL. 
 
 LONDON: 
 
 PRINTED FOR J. STOCKDALE, IN PICCADILLY} 
 AND J. F. AND C. RIVINGTON, N° 62, 
 
 ST, paul's-church-yard. 
 
 MDCCXC. 
 
 -f 
 
 P 
 
 I 
 
 1 
 
T 
 
 I 
 
 r 
 
PREFACE. 
 
 L 
 
 I 
 
 N order to remove the impreflions which 
 the mifreprefentations contained in a Pamphlet, 
 intitled, ** A State of the prefent Form of 
 Government of the Province of Quebec," may 
 have made upon the minds of men unacquainted 
 with the flate of it 5 although the difmillionr 
 of Mr. Monk from his office as Attorney-Ge- 
 neral is fufficient to fliew the fenfe entertained 
 by his Majefty's Minifters of his condu6l ; ia 
 juftice to the Judges of Quebecj it is thought 
 neceflary to publilh the Introdu6lion to the 
 Obfervations which thofe Judges made upon 
 the oral and written teftimony adduced in an 
 Inveftigation, ordered in confequence of aii 
 Addrefs of the Legiflative Council, of the 27th 
 of April, 1787, and of a Memorial of the 
 Judges of the Court of Common Pleas, of the 
 I ft of May, 1787, to his Excellency Lord 
 Dorchefter, the Governor- General, 
 
 It is hoped that the publication of the In- 
 troduction will at leaft fuffice to engage men 
 
 of 
 
 I. 
 
 ^-^f-f 
 
of candor and moderation to Mpcnd theif 
 judgment upon the merits and proceedings of 
 that Inveftigation, until fuch time as a Report 
 Ihall be made by the Crtjwn taw Officers, to 
 Whom the papers relative thereto, tranfmitted 
 by his Excellency Lord Dorchefter, in the fall 
 of the year 1787, to his Majefty's Secretary of 
 State, were referred* 
 
 i 'J i I 
 
 ..The Editor obferves, that there was an evi- 
 dent impropriety, to give it no harfhcr term, 
 . in pubhfhing mutilated extradls from the In- 
 veftigation, in order to ferve political pur- 
 pofes, and to prejudice the public againft the 
 Judges of Qjiebec, at a time when their friends 
 uncertain of meeting with approbation from 
 them m publifhing materials which are in their 
 hands, (though they think the exculpation of 
 the Judges from the charges brought againft 
 them would be the neceffary confequence) re- 
 Itram themfelves even now to making public 
 this IntroduJlion and an Appendix, containing 
 papers neceifary to the under/landing of it. 
 
 INTRO- 
 
 l^_ 
 
to 
 
 INTRODUCTION, &c. 
 
 H 
 
 IS Honour the Chief Juftice, Mr. Smith; 
 having at the opening of the Commiffion at 
 the Council Chamber on the nth of June, re- 
 lated to a numerous audience a hiftory of his 
 conduct during the laft Seffion of the Legifla- . 
 tive Council, and the fate of an Ordinance 
 which he had prepared to heal divifions and 
 differences ; (but which the Legiflative Coun- 
 cil had rejected, from a conviction, that the 
 fame, by perpetuating diffentions, and efta- 
 blifhing different laws for the inhabitants of 
 the fame province, would have a very oppofite 
 efFe<a) the Judges of the Common Pleas for 
 
 B the 
 
 
 m 
 m 
 
T 
 
 i a 
 
 f 
 
 f 2 ] 
 
 the diftria of Qiiebec, previous to making 
 obfervations upon the proceedings held fubfet 
 quent to the 23d of June; in order to- remove 
 the prejudices which that narrative, fo unlba- 
 fcnably made, may have excited in the minds 
 of the public, and the better to enable Lord 
 Dorchefter. or others, to whom it may be fub. 
 nutted, to form an adequate opinion of the 
 nanire and motives of this inveftigation, think 
 It incumbent on them to (late, as concifcly as 
 poilible, the events that have taken place in 
 the province fince the conqued of it, at lead 
 as far as they relate to the laws and adminiilra- 
 tion of juftice in it. 
 
 _ Though Canada was conquered by his Ma- 
 jeft/s arm, in the f.,11 i^^o.- Adminiftration 
 »n England did pot interfere with the interior 
 government of it tilfthe year 1763. It re- " 
 mained during that period divided as formerly 
 into three diftrias, under the feparate com- 
 mand of n,ili„ry officers, who cllablifhed in ' 
 their refpeaivc^dillrias p,ilitary courts, under ' 
 different forms indeed, but in which, accord- 
 ing to the policy obfcrved in wife nations to- ' 
 ^■ards a conquered people, the laws and ufage 
 of Canada wereobferved as therule of decifion. . 
 
 HisMajefty, with a view to encourage fet- 
 tlers from Europe and America to refort to 
 
 L Caiwda, ' 
 
[ 3 ^1 
 
 Canada, and tbe other countries which had 
 been ceded to Great Britain bv the Treaty of 
 Paris, by his Proclamation in October 1763, 
 fignified the Royal Plci'fure, that the Englifh 
 form of government and Englilh laws ihould 
 be eilablirhed in them, as foon as circumftances 
 would permit. 
 
 General Murray's commillion and inftruc- 
 tions, as Civil Governor of Canada, in the year 
 1764, coiifirmeu that intention. In confor- 
 mity to that commiffion and thofe inftrudions, 
 an ordinance of the Governor and Council was 
 palled in September 1764, which introduced 
 the Englifh form of proceeding in the admi- 
 niftration of juftice, and preparatory to the 
 introdudion of the Englifh laws, as foon as 
 proper ordinances could be framed for the in- 
 formation of the people. Many confidered, or 
 afFeded to confider, that ordinance to be aa 
 introdudion of the Englifh law; a circum- 
 ftance which gave great alarm to the people. 
 
 In order to quiet their minds, the Governor 
 and Council, in November in the fame year, 
 palTed an ordinance, enading, that in adions 
 relative to the tenure of lands and rights ot 
 inheritance, the laws and ufages of Canada 
 Ihould be obferved as the rule of decifion, 
 leaving to the Judges in all other caufes the 
 
 B 2 powei 
 
 : ,11 
 
 ^t. \ 
 
i 
 
 fii m 
 
 1 
 
 t 4 ] 
 
 power of deciding acording to equity, conform- 
 able to the faid ordinance of September. Go- 
 vernor Murray in the fame year reprefented to 
 his Majclty's Minilters, that the proclamation 
 and his inftrudlions were inapplicable to the 
 circumftances of Canada, which, as being a 
 country already peopled, and for a feries of 
 years governed by a fixed fyftem of laws, dif- 
 fcred eflcntially from the other ceded coun- 
 tries ^ and as by this time the Grand Jury of 
 the firft Quarter Seffions for the diftridl of 
 Quebec, had, amongft many improper pre- 
 fentments, made fome of a very illiberal and 
 perfecting fpirit againft the Catholics ; the 
 Governor made fuch reprcfentations as his duty 
 required, to prevent the people of the province 
 from being opprelTed by the few old fubje^s, 
 who had reforted to it for the purpofe of trade 
 and commerce. 
 
 Though the King's Minifters fignified to the 
 Governor an intire difapprobation of the con- 
 dud of the Grand Jury, they did not adopt 
 any fixed fyftem for the country till the year 
 1774, when having received full and ample 
 information of the ftate of men and things in 
 it, not oniy from the reports of Governor 
 Carleton and the other principal officers of 
 Government, but alfo from Mr. Morgan, a 
 
 gentleman 
 
¥; 
 
 I 5 1 
 
 gentleman of the profcuijn of the law, who 
 had been fcnt out to Canada for the purpofe, 
 they thought proper to lay the affairs of the 
 province before Parliament. 
 . The A6t of the 14th of the King was paffcd 
 in conlequence, which by declaring the laws 
 and ufages of Canada to be the rule of decifion 
 in all caufes thereafter to be inftituted in the 
 courts of civil jurifdidlion, except inafmuch 
 as they were altered by the A&: itfclf, or fhould 
 be altered by future ordinances of 'he Gover- 
 nor and Lcgiflative Council, put an end to the 
 uncertainty which had for many years fubfiftcd, 
 and which had on many occalions embarraflcd 
 the Judges, who neverthelefs think themfelvcs 
 intitled to forne fhare of merit, for having un- 
 der thefe circumftances adminillercd jufticc to 
 the King's fubjeds, in a manner fo as to have 
 made the natives feel as little as poiTible the 
 change which had taken place, and at the fame 
 time proteded the interefts of tliC old fubjefts, 
 who had reforted to the province for the purpofe 
 of trade and commerce. For upon this ocrafion 
 the Judges think fit to oblsrve, that the clamour 
 and calumny agalnfi ilie cou.ts of juftice did 
 not cummence tiU alter the year 1775; a proof 
 that it was the law and fyftem of Government, 
 -eflabliihed by that A6i, which created the dif^ 
 
 contents 
 
> 
 
 I 
 
 [ 6 ] 
 
 contents amongft the old fubjefts, and not the 
 mifcondudt or error of the Judges^ fur affuredly 
 men at a time, when they had no fixed law for 
 |their guide, may be fuppofed to co.nmit more 
 errors than when they had a known and writ- 
 ten law to dire(5t them. 
 
 The ad:, however acceptable to the natives, 
 and fuch of the old fuojeds who were fupe- 
 rior to religious and national prejudices, was 
 neverthelefs difagreeable to the old fubjedls in 
 general, whr ^rom the time of the eftablifh- 
 ment of c' a government in the year 1764, 
 had been, as Proteftants, the fole Members of 
 the Council, fole Judges, Juftices of the 
 Peace, &c. 
 
 As foon as the a£l was made known in the 
 province in 1774, great clamour was raifed 
 againft it, committees were named to draw up 
 petitions for its repeal, and as at that time 
 there were in the province many partizans of 
 the other colonies which were prepared to re- 
 volt, great pains were taken to imprefs upon 
 the minds of the lower clafs of Canadians an 
 idea, that in May 1775, when the aa was to 
 be in force, they were to be* made ilaves and 
 foldiers. 
 
 Upon the invafion of the provin^ce by the 
 rebels in 1775, the greateft part of the Mem- 
 bers 
 
[ 7 } 
 
 bers of the Committee openly joined theni^ 
 and many of thofe who had been moft cla- 
 mourous againft the aft and foremofl: in fign- 
 iug petitions, left the town of Quebec, in 
 November of the fame year, in confequenc« 
 of his Excellency General Carleton's procla- 
 mation. Thefe men, in 1776, were allowed 
 to return to the town, and were at firfl. treated 
 by the old fubjcvts with the contempt they 
 merited, for by far the greateft part of the old 
 fubje<5ts had, by their laudable condud:, in the 
 winter 1775 and 1776, during the blockade 
 of the town of Quebec, (hewn that though 
 they might have been mifled by thefe dema- 
 gogues, their intentions were good, and that 
 they were attached to their king and country. 
 
 As fome of the perfons who had left the 
 town carried on an extenfive commerce, and 
 as they rdhered firmly to one another, they by 
 degrees were received amongfl: their fellow ci- 
 tizens, waiting only for a favorable opportu- 
 nity to renew their clamour and difcontent 
 agaiuft the laws and conilitution of the coun- 
 try. Many reafons concurred to reftrain their 
 defigns during the war, but the Minutes of 
 the Legi dative Council will (hew there were 
 fome Members who, by defirc to innovate, 
 kept alive without doors that prejudice which 
 9 the 
 
 k. 
 1 
 
h 
 
 ■ 
 
 / 
 
 [ 8 ] 
 
 the old fubjeds entertained againfl: the laws and 
 conftitution of the country. The fame Mi- 
 nutes will fliew, that fuch of the Judges, who 
 had feats in the Legiflative Council, confidered 
 the A(ft of the 14th of his Majefty as the ef- 
 fed: of that liberal and tolerating fpirit which 
 diftinguifhes an enlightened age and nation, 
 and as fitly calculated to preferve the colony 
 in dependance upon the crown of Great Bri- 
 tain. 
 
 In April 1783, the Governor of the pro- 
 vince received the preliminaries of peace in a 
 difpatch from Sir Guy Carleton at New York, 
 and with them a letter from the Secretary of 
 the Treafury, containing pofitive orders to 
 exa61: payment of the outflanding debts due 
 for bills of exchange, which in the year 1781, 
 the Honourable John Cochrane, agent for the 
 remitters of p-ublic money, had been autho- 
 rized by the Governor, as commander in chief 
 of the forces, to fell upon credit. Previous 
 to the receipt of theft orders, Mr. Cochrane 
 had given to the commander in chief a lift of 
 the outftanding debts due on bills of 1781, 
 amounting to iq2,ooo1. and upwards, but 
 upon the order of the Treafury being commu- 
 
 Xii'^ai-wwi lu iii.ii) ii\i iixji. ijiny iciuicu i<j iiiiili, ill 
 
 the recovery of the debts due, or affign over 
 
 the 
 
[93 
 
 the obligations or notes which he had taken, 
 or ought to have taken, from the debtors, 
 agreeable to the reflridtions under which the 
 authority to give credit had been given, but 
 acquainted the commander in chief, that though 
 he had given a lift of debts due upon bills of 
 1781, which amounted only to 102,000!. yet 
 there was a much greater fum due, for that in 
 order to enable the merchants to go on, he had 
 been obliged in the fall 1782 (notwithftand- 
 ing the commander in chief had withdrawn 
 his authority in Auguft of that year) to fell 
 his bills upon credit to a very great amount. 
 
 The commander in chief alarmed at the con- 
 dufl of the remitter's agent, and ftill more at 
 the intention of blending the credits given in 
 1 78 1, under his Excellency's guaranty, with 
 thofe given in 1782, confulted the law officers; 
 the refult was, thr.t the Solicitor General, with 
 the aflillance of Mr. Cugnet, a French lawyer, 
 fecretary and tranflator to the Governor and 
 Council, was in{lru£led to commence an ac- 
 tion againft the Hon. John Cochrane, and 
 agreeable to the laws and ufliges of Canada, he 
 applied for and obtained from the Judges of 
 the Common Pleas of Quebec, the Writ of 
 Saifie Arret againft the debtors (on the credits 
 <jf 1781) as Tiers Sa?fe one againft Shaw and 
 
 C Frazer, 
 
 w 
 
[ 10 ] 
 
 Frazcr, who by the lift before mentioned were 
 indebted in the fum of 71,467!. 3s. lod. and 
 another againft feveral debtors (upon a fecond in- 
 formation) to the'amountpf 30,579!. i6s. 3d. 
 
 The debtors who had flattered themfe!ves, 
 that as Mr. Cochrane vvou!d not affifl in the 
 recovery of tlie debts in conformity to th^ 
 orders of the Treafury, Government could 
 have no recourfe agalnft them, were much en- 
 raged again ft the laws and ufiges of the coun- 
 try, which afforded the Government the means 
 of bringing back to the channel of the national 
 treafury, the very large fums which had been 
 diverted by Mr. Cochrane to the mercantile 
 fpeculations of the houfe of Shaw and Frazer, 
 and of others. They did not negle^ to ca- 
 lumniate the Judges on the occafion, though 
 in granting the Writ of Saifie Arret, they 
 only obeyed the law which extended to Go- 
 vernment .ie fame benefit in recovering debts 
 as is granted to the fubjefl. 
 
 The revolution which the approaching peace 
 made in commercial fpeculation, afte£led the 
 merchants in general, who not being able to 
 make remittances as ufual in bills of exchange 
 upon credit on MeilVs. Harley and Drummond, 
 united with Mr. Cochrane's debtors, in clamour 
 .againil tne Laws and Courts of Juftice to 
 
 which 
 
which they attributed, however falfcly, their 
 misfortunes. 
 
 Mr. Cochrane, who had many of the mer- 
 chants attached to him by the ftrongeft of all 
 ties, their interefl, fet on foot a petition in the 
 fall of the year 1783, complaining of the 
 laws, the conftitution of the country, and of 
 the adminiftration of juftice. It was figned 
 not only by his debtors and thofe concerned 
 with them, (who perhaps had read it and knew 
 the meaning of it) but alio by many of the 
 loweft clafs of people, who thought only of 
 the honor held out to them, of fetting their 
 names to a paper that was to be prefented to 
 his Majefty or his Minillers. The Judges, 
 who never faw that petition, have been af- 
 fured, that it was in general of fuch a nature 
 and tendency, as engaged the Secretary of State 
 to fignify to the Governor of the province in 
 1784, a very llrong difapprobation of it. 
 
 Perhaps for this very reafon it \Wi^ thought 
 neceflary in November 1784 to fet about ano- 
 ther petition. The Judges have been inform- 
 ed, that a petition in oppofition to this laft, 
 was at the fame time tranfmitted to his Ma- 
 jefty by a very numerous and refpe(5lable body 
 01 ms Caaudiau fubjects. 
 
 C a 
 
 In 
 
[ 12 ] 
 
 In the year 1785, an ordinance of the Go- 
 vernor and Legiflative Council adopted the 
 trial by Jury in commercial matters, and in ac- 
 tions of perfonal wrongs to be compenfated in 
 damages j but the laws and ufages of Canada 
 received no further alterations than thofe which 
 Lad been made in 1777. 
 
 The Judges now arrive at that period, where 
 they have to ftate events which have given 
 ■more immediate occafion to this inveftigation, 
 and as it is of the utmofl confequence to them 
 that thoif events (hould appear in their true 
 light, they will proceed to ftate them with 
 that freedom which becomes men who have, 
 fome of them fox twenty -three years ^ been ho- 
 noured with the important tafk of adminifter- 
 ing juftice to their fellow fubjefts, and with 
 that fpirit of independance, which has ever 
 influenced them in the difchargeof their duty. 
 
 After the ifl of May 1775, when the a^ of 
 the 14th of the King took place, men could 
 fcarcely differ in opinion with regard "to the 
 law, that was to regulate the decifion of the 
 Courts of Juflice in civil caufes. The mere 
 reading of the a6t was fufficient for that pur^ 
 pofe ; and the Judges uniformly decided ac-, 
 cordingly. If any doubts could fubfift, they 
 inuil have arifen from the ignorance real or 
 
 aJfeSied^ 
 
[ 13 J 
 
 i^eSied, of the Englifli lawyers and their 
 clients, of the extent of the alterations which 
 the ordinances of the Governor and Legiflativc 
 Council had from time to time made in the 
 laws and ufages of Canada, alterations which 
 the Judges will point out in their obfervations 
 upon the oral and written teftiraony produced 
 at this inveftigation. 
 
 A caufe wherein the Hon. William Grant, 
 and Mr. Robert Grant, of London, were Ap- 
 pellants, and Mr. Alexander Gray Appellee^ 
 was reiidy for hearing in the Court of Appeai;s 
 in Oftober 1786, when the Hon. Wiiiiam 
 Smith, the Chief Juftice, arrived. This caufe 
 had for fome time been before the Court of 
 Common Pleas at Quebec. Mr. Monk, the 
 attorney for the defendants in the inferior 
 courts, having filed a plea of exceptions to 
 Mr. Gray's right of adion as curator, and 
 having appealed from an interlocutory judg- 
 ment * given thereon, eflabliihing Mr. Gray's 
 right of Adtion, as having been appointed cu- 
 rator conformable to the law of the country. 
 The Court of Appeals confirmed that interlo- 
 cutory judgment "f*, and remanded the record 
 tP the inferior court, to be proceeded upon to 
 
 \ 
 
 » Vide Appendix, N» IV. i Ibid. N* V. 
 
 final 
 
-*£- 
 
 :yff;-.-«K:taa'BaJ,.. 
 
 =j;i|l 
 
 If 
 
 I 
 
 
 [14] 
 
 final judgment. The Chief Juftice who fat 
 as Pr.^i'ident of the Court of Appeals, at the 
 hearing of the appeal from the final judgment 
 of the Inferior Court *, (which on all hands 
 was ngreed to be right with regard to the fum 
 for which that judgment was givcr^).,upon re- 
 verfing it on the 29th of Dccembd[-/ advanced 
 a doarine ahogethcr new in the province, 
 namely, that the a6i of the i^th of the King^ 
 had not cfahlified the laws andufages of Canada, 
 in anions where neither of the parties were Ca- 
 nadians, but that the Englifi law was to he the 
 rule of decijion, in caufes wherein Britifi horn 
 fuhjctls were parties. And that therefore the 
 appellee fliould have obtained letters of ad- 
 miniftration agreeable to the Fnglifh form. 
 The judgment of reverfal f infinuates indeed, 
 that the appellee was not duly appointed a 
 curator, according to the antient law of the 
 country, but in as much as the appellee hacl 
 by a folemn judgment of the Court of Appeals 
 already cited, been fuftained a legal curator 
 it is evident that the reverfal was founded upor> 
 the new dodrine, thai Britifh born fubje(^s 
 were not precluded by the ad: of the 14th of 
 the King, from the operation of the Englifh 
 
 • Vide Appendix, N" VI, 
 
 + Ibid. N* VII. ] 
 law. 
 
t 15 ] 
 
 law. The circumftance of the parties being 
 natural born fubjefts of Great Britain, is ex- 
 prefled in the judgment of reverfal, and was the 
 only means that could have engaged the Court 
 of Appeals, the Chief Juftice prefiding, to 
 contradid: their former judgment. If this 
 dodlrine had been law, the colony would have 
 returned to the fame, or greater confufion, 
 than that which had prevailed before the aCt 
 took place ; and the Courts of Juftice would 
 have been involved in the fame or greater 
 uncertainty, than that from which that aft 
 had refcued them. 
 
 The Court of Common Pleas opened on the i HQ*^ 
 6th of January after the Chrillmas vacation, ^ ' I 
 when the Judges thought it incumbent on 
 them, for the tranquillity of the people, 
 and in duty to themfelves, who had for the 
 fpace of eleven years, adminiftered juftice to 
 the King's fubjefts, without diftinftion, agree- 
 able to the laws and ufagcs of Canada, to re- 
 port their opinion upon the law, and declare 
 their reafons upon which that opinion was 
 founded publicly in Court, whereof they pre- 
 fenced a copy on the day following to his Ex- 
 cellency Lord Dorcheflcr. 
 
 The Seflions of the Legiflative Council 
 commenced the 15th of January. The Chief 
 
 Judice 
 
 -F 
 
 
t 
 
 I 
 
 I 
 
 t i6 3 
 
 Juftice moved feveral ordinances, of which 
 he laid draughts before the Council, and in 
 one of them the dodtrine advanced on the 29th 
 of December, was brought forward to receive 
 the fan^ion of the Legiflature. 
 
 On the I ft of February, his Excellency Lord 
 Dorchefter communicated to the Legiflative 
 Council, a petition which he had received from 
 the Canadians refiding in or near Quebec *, 
 the contents of which, in a mefllige by the 
 Lieutenant Governor, his Excellency recom- 
 mended to the Legiflative Council, to keep in 
 view in their deliberations upon the objefls 
 mentioned in it, as will appear by the minute 
 and addrefs of the Legiflative Council made 
 in confequence of it. 
 
 About the beginning of March, the draught 
 t)f the ordinance propofed by the Chief Juf- 
 tice, was, contrary to cuftom, and as the Judges 
 believe, without the confent or approbation 
 of his Excellency the Governor, printed and 
 circulated through the province, in which 
 were preambles to two claufes in the following 
 words, viz. " And it being indifpenfably re- 
 •• quifite to the fafety of property in every 
 " fuit at law, to exclude the Legiflative Au- 
 
 vide Appendix, N* VIII. and IX. 
 
 !* thority 
 
€t 
 << 
 It 
 <€ 
 tt 
 ft 
 
 tt 
 €t 
 €€ 
 4t 
 «€ 
 €€ 
 
 4i 
 tt 
 
 tt 
 
 tt 
 
 tt 
 
 tt 
 
 tt 
 
 tt 
 
 tt 
 
 t( 
 
 tt 
 
 tt 
 
 (( 
 
 (( 
 
 tt 
 
 [ '7 J 
 
 thority from being united with the excrcifc 
 of the judicial powers of the faid Courts 
 of Common Pleas, left the cflates and 
 rights of the people fliould be fubje6t to 
 the erroneous or arbitrary opinions of the 
 Judges." 
 
 And whereas great inquietudes have arifen 
 in the colony within four years part, re- 
 fpcvSting certain procefles againft eftates and 
 efFedls, feizing and arrefting the fame, and 
 diverting the properties thereof, without 
 previous trial and judgment of law between . 
 the parties, which proceedings paft in 
 France under the name of faifie arret, and 
 /atfie executoire, though they are there exe- 
 cuted under fpecial guards, would beverymif- 
 chievous if pradtifed againft the poor inha- 
 bitants of this province; tnd efpecially as 
 the Sheriffs, and the fubordinate executive 
 Agents, are not yet under any bonds with 
 furetics for their demeanor i and it is more 
 expedient in fo infant a country, to leave 
 creditors in general to that caution prudence 
 requires againft negligent confidences, than 
 to introduce the rapid meafurcs of antient 
 and populous nations, againft complicated 
 frauds and bankruptcies/' 
 
 P 
 
 Thefc 
 
f i 
 
 1:3 
 
 ■A 
 
 r 18 ] 
 
 Thcfe preambles the Judges have inferted at 
 length, confidering them as very derogatory, 
 and having a tendency to render the King's 
 fubjcas diflatisfied with the pall adminiftration 
 
 of juftice. 
 
 On the 1 2th of February, his Excellency 
 Lord Dorchcfler laid before the Lcgiflative 
 Council, a memorial of the Canadians refid- 
 ing at or near Montreal *. On the 22d of 
 March, the ordinance propofed by the Chief 
 Juftice was rejeded by the Legillative Coun- 
 cil, and a Committee of the whole Council 
 foon after went into the confideration of an or- 
 dinance brought in by Mr. de St. Ours. Some 
 of the old fubjeds having petitioned the Lc- 
 giflative Council, to be heard by Counfel 
 againft this ordinance, and acceded to, James 
 Monk, Efq; his Majefty's Attorney General, 
 with the permilTion of his Excellency the Go- 
 vernor, appeared in their behalf for that pur- 
 pofe; and on the 14th of April, made the 
 fpeech which has been canvalTed in the pro- 
 ceedings had previous to the 23d of June. 
 
 The Chief Juftice, in his place in the Lc- 
 giflative Council, on the faid 14th of April, 
 
 Vjtle AoDendix. N° X. 
 
 hear 
 
 mg 
 
t 19 1 
 
 hearing the fpecch aUuded to, and inftead of 
 cxprelBng his difapprobation of the conduct 
 of the Attorney General, thought fit on the 
 i8th, to make the following motion, viz. \ 
 " That the Council refolve, that the high \ 
 •* charges brought by his Majefty's Attorney 
 " General, as Council for the Merchants in 
 the hearing on their petition at our bar lad 
 Saturday, relating to the condufl: of the , 
 Judges in the adminiftration of public juf- 
 tice for feveral years paft, make it our in- 
 difpenfable duty, as faithful Counfellors to 
 the Crown, to inquire into the proofs re* 
 ferred to, and to lay the refult of the exa- 
 ** mrhatron before the noble Lord at the head 
 of the government. That it will be fair 
 and juft to give the Judges of the Common 
 " Pleas, who are fo deeply affected by thofe 
 accufations, an opportunity to be heard be- 
 fore any report is made to his Lordfhip, 
 «• and that the Council take order for pro- 
 " ducing the records and witnefTes for fuch 
 •* examinations, with all convenient fpeed, 
 ** and that the progrefs upon the Bill in the 
 " Committee, againft which the Merchants 
 ** were heard, be iii the interim fufpended." 
 Seconded by Sir John Johnfon. 
 
 it 
 
 <c 
 
 <( 
 
 (( 
 
 <t 
 
 4< 
 
 (( 
 
 {( 
 
 (C 
 
 (( 
 
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 h4 
 
 D 2 
 
 With 
 
[ 20 ] 
 
 With this motion, and the following me- 
 morial, which they had the honor of prefent- 
 ing to his Excellency Lord Dorchcfter, on 
 the 2d of September laft, the Judges conclude 
 this Introduftion to their Obfervations, on the 
 Oral and Written Teftimony produced in the 
 courfe of this inveftigation, ordered in con- 
 fequence of the addrefs of the LcgiHativc 
 Council, 
 
 Quebec, 
 0£loberi5, 1787. 
 
 (Signed,) 
 
 Adam Mabane, 
 Thos. Dunn, 
 P. Panet. 
 
 10 
 
g mc-» 
 refent- 
 er, on 
 ncludc 
 on the 
 in the 
 1 con- 
 iflativc 
 
 .BAN£, 
 
 NN, 
 
 TO 
 
 I ^I ] 
 
 TO THE mCHT HONOXJRABLS 
 
 GUy, Lc ID DORCHESTER, &c. &c. &c. 
 
 The Memorial of the Judges of his Majefty's 
 Court of Common Pleas for the Diftria of 
 • X^cbec, 
 
 Mod: refpe6lfully (heweth, • 
 
 That two of your MemoHaliftg, intheab^ 
 fence of Mr. Judge Dunn, and in conjanaioa 
 with Mrv judge Frafer, of Montreal, liad the 
 honour to^prtient to your Lordfhip a Memorial 
 and Complaint againft James Monk, Efq. his 
 Majefty's Attorney-General, for having or? the 
 14th of April iaft, in a fpeech before the Le- 
 giflative Council, delivered in prefence of a 
 crouded audience, in the moft wanton, uncon- 
 ftitutional, defamatory manner, added to a va- 
 riety of other mifcondu6l, attacked their repu- 
 tation and chara6ler as Judges, by an accufation 
 of partiality in the diftribution of juftice, on 
 which Memorial and Complaint they prayed 
 your Lord (hip to do them juftice. 
 
 That in an Addrefs of the Legillative Coun- 
 cil, dated the 27th of lafl: April, your Lord- 
 9 Unp's 
 
 i 
 
 
I) : 
 
 I «2 1 
 
 fiiip*s attention was in like manner called to 
 this extraordinary proceeding on the part of 
 the Attorney-General of the i'4th, and the 
 papers which accompanied that Addrefs went 
 to explain the grounds upon which the Legifla* 
 tive Council thought it incumbent on them to 
 fubmit the matter to your Lordfhip's confi-* 
 
 deration. 
 
 Thefe papers at firft view juftify and prove 
 the moft material fads fet forth in the Com- 
 plaint of your Memorialifts^, and they cannot 
 help remarkirtg, ^t although the fads al- 
 ledged by the Attorney-General hacl been asr> 
 true as they are undoubtedly falffe, hp i« notr 
 juftifiablc, upon any principby fori having i<>{ 
 long remained filent in the office h^ holds un-- 
 der ihe Grown, knowing fuch conduct aa htr. 
 ftates in the King's Judges, and to bring for-- 
 ward his accufation fo late upon a private plead- 
 ing, and in a manner tending to difturb the 
 government, by infulting them to their faces ia^ 
 legiflature, and confequently lowering, nay de- 
 ftroying, the public confidence in, and refpe£t 
 for, the tribunals of juftice, on which they , 
 have the honour to be placed by Royal Autho- 
 rity, and from uhich they can only be degraded 
 by a legal and conflitutional accufation and 
 
 twal, 
 
 That 
 
I 23 ] 
 
 That your Lordfhip was plcafed on the i8th 
 of May to lay thefe papers and proceedings be* 
 fore the Council of State, and particularly the 
 the Judges' Memorial and Complaint, upon 
 which an Order of Reference was made by 
 your Lordfhip, with the advice of Council, to 
 the Honourable William Smith, Chief Juftice, 
 to caufe the inveftigation defired to be made 
 with all convenient fpeed, and to make his 
 report thereupon to your Lord(hip, and £rft 
 upon the queftion of partiality ; all which your 
 Memorialilis apprehend was then clearly un- 
 derftood to relate particularly to the Complaint 
 of your Memorialifls, firft entered upon the 
 Order of Reference as a point of the utmoft 
 importance, and well deferving that priority 
 in the inveftigation, which they apprehend it 
 was your Lordihip's intention to give it j and 
 the more elpeciaily, as your Memorialifts then 
 intimated, and your Lordfhip's feelings for 
 them under fo cruel an afperfion would natu- 
 rally fuggeft, that it would be painful again to 
 fit as Judges upon the Bench, whilH under the 
 ftain of fo foul an accufation, and the author of 
 it holding and enjoying the high and confiden- 
 tial office of Attorney-General under the fame 
 Crown. 
 
 That 
 
 r 
 
i 
 
 [ 24 ] 
 
 That on the firft notice from the Chief Juf- 
 tice of his intention to proceed upon the bufi« 
 nefs of the Reference, your Memorialifts fignw 
 feed to him by letter their underftanding of his 
 truft, by expreffing, " their entertaining no 
 doubt that he had then, or would immediately 
 give communication of the Judges' Memorial 
 to Mr. Monk, that he might anfwer thereto, 
 and be prepared to meet them upon that pomt 
 in the outfet of the inveftigation ;" and the 
 anfwer of the Chief Jufticc, dated the 26th of 
 May, left as little room to doubt that he ac- 
 qniefced in their opinion and requeft. That, 
 Kotwithftanding, on the nth of June, on the 
 opening the bufinefs, the Attorney- General not 
 only rcfufed to avow or difavow the charge of 
 partiality by%im made upon the 14th of April, 
 and complained of in the Memorial, as he had 
 before done, when called upon by the Legifla- 
 tive Council by the mouth of their Prcfident, 
 but continued to infult the Judges then prefent 
 by a defamatory fpeech, at the fame time de- 
 nianding time to bring forward his proofs till 
 the 2ift of June, which was granted, they 
 apprehended, as a period at which he would, 
 without fail, at once juftify his own conduft, 
 A his charges asainft them, or be 
 
 •tiiV.i 
 
 liitXi-V 
 
 - c rrr\ 
 
 con* 
 
c©n- 
 
 [ 25 ] 
 
 confidered as concluded with regard to that 
 previous period of the inveftigation. 
 
 Your Memorialifts then moved for and ob- 
 tained a day for the purpofe of proving the 
 fads fet forth in their Memorial, a ftep which 
 the Attorney-General's filence obliged thcin 
 to take. On the uth of June the Memorial 
 was fully proved by many refpedable witnelTes, 
 except that part of it which relates to the ac- 
 cufation of Inconfiltency, equally falfely and 
 improperly made againft the Honourable the 
 Lords of his Majefty's Privy Council in Eng- 
 land; the interrogatory to which point was 
 over-ruled by the Chief Juftice, upon the 
 flrenuous objedlion of the Attorney-General, 
 grounded on the juft apprehenfion, that the 
 clear proof that could be adduced of the ca- 
 lumny would work its effeds upon your Lord- 
 ihip's mind, in judging of the condud of the 
 liril: crown law officer in the province, and the 
 intention and tendency of that condudt in a 
 general point of view, as well as with regard 
 to your Meniorialiils upon their private com- 
 plaint. 
 
 That on the 20th of June your Memorialifts 
 moved the Chief Juflice, as a primary objed, 
 to call upon and confine the Attorney-General 
 to the proof of his fpecific charges againft them, 
 
 E and 
 

 ■11 ■' ' 
 
 [ 26 ] 
 
 and to die bringing forward the records of all 
 or any caufes, in which, he pretended, there 
 was partiality, or grace and favour, as he termed 
 it, in the proceedings or final determination, 
 in place of examining perfons of different ds- 
 fcriptions to their opiiiions upon caufes decided 
 againft them, (a proceeding which they faw 
 tolerated with furprize) hut without effed:, 
 although it frequently fell from the Chief 
 Juftice, that the proof of fuch charges would 
 fupercede the neccffity of further inveftigation 
 with refpea to them, with thefe emphatic 
 expreffions, " that if the hearts of the King s 
 Judges were unfound, it mattered not to en- 
 quire whether their heads were fo;" and having 
 put upon the Minufes their written evidence, 
 thejudges prayed for and obtained a day to draw 
 their conclufions upon the import of that proof, 
 and Mr. Attorney-General's refufal to anfwer 
 their Memorial, or to avow and fupport the 
 fpecific charges, fo clearly eftabliflied to have 
 been made by him on the 14th of April. 
 
 That at every meeting, from the 21ft of 
 June up to the 23d, whilft the Judges con- 
 tinued to give their perfonal attendance upon 
 the inveftigation, the Attorney-General in- 
 dulged himfelf in conftant, unchecked defama- 
 tion and abufe againft them, ilating repeatedly, 
 
 that 
 
con- 
 
 f 27 ] 
 
 that the principles of morality were rooted up 
 by the judgments of their court?, and fuch 
 like expreffions, calculated to prejudice the 
 public, and inflame the minds of the hearers 
 many of whom were Grangers, officers of the 
 army and navy, enough to have railed the p,f- 
 fions and excited the more immediate vengeance 
 of men lefs upon their guard, and lefs confi- 
 dent m that juftice which they expedl, and 
 Will undoubtedly receive from your Lord{hip's 
 determination upon fuch wanton and unjuftifi, 
 able conduct. On this account the Judges (as 
 exprelTed by them to the Chief Juftice, in a 
 letter dated the 27th of June) retired, and re- 
 quefted MefTrs. Williams and Gray to attend 
 for them in the further flages of the invelii?a- 
 tion, fo far as their intereft might be therein 
 concerned, in hopes, at the lame time, that 
 the Chief Juftice would report to your Lord- 
 ihip the proceedings upon the Minutes, ao-ree- 
 able to their requelt. ^ 
 
 They learned, however, with rep-ret from 
 your Lordfhip, at the clofe of the kit Term 
 m July, that no report had been made; and 
 from thefe Gentlemen fmce, that lo far from 
 reporting upon the partiality, the Chief JulHce 
 pubhckly declared, that he never would report 
 thereon 
 
 until it was proved, and 
 
 continued in- 
 
 E 
 
 dujg 
 
 ine 
 
[ ^8 ] 
 
 dulglng the Attorney-General in delays from 
 time to time, to bring forward fuch proofs as 
 he thought proper to the general fubjedt of 
 inveftigation into the laws and pad adminiftra- 
 tion of juftice, dating, that he could not fe- 
 parate the two objeAs of inveftigation, that 
 the Order of Reference did not require him fo 
 to do, and that he would not report until the 
 xvhole was finillied, both here and at Montreal. 
 In purfuance of this declaration, upon a fhort 
 memorial prefented by Meffrs. Monk and Og- 
 den, on the 23d of Auguft, rcquefting an ad- 
 journment to Montreal, to examine witnelTes 
 there with regard to the Court of Common 
 Pleas at Quebec, but without naming any par- 
 ticular witnefs or witnelTes, or any fad or fads 
 intended to be proved by them, and without the 
 common fokmnity of an oath to the neccflity 
 of fuch adjournment, but upon bare fuggeUion, 
 and contrary to the remouftrances of your Me- 
 morialifts, in their Letter of the i6th and 26th 
 of Auguft to the Chief Juftice, he was ple;ired 
 to adjourn the bufmels to Montreal, and to 
 refufe reporting the proceedings, as requcfted 
 by yourMemoriaiifts, and again fpecially moved 
 for by their couniel at the laft meetings a pro- 
 ceedin^y that will asain fubjed yourMemoriaiifts 
 to fit as Judges, under an accufation of partiality, 
 
 at 
 
 il 
 
[ 29 ] 
 
 at the enfaing term, they humbly conceive 
 contrary to the honor and dignity of govern- 
 ment, which requires a fpeedy and efficacious 
 termination of fo high a charge, either by 
 . their removal from the feat of juflice if cul- 
 pable, or by your Lordfliip's juflice, upon the 
 defamer who flirinks from the proof of his 
 foul accufation. 
 
 That your Memoralifts feeling themfelves 
 as injured men, again humbly intreat your 
 Lordfhip to do them juftice, by taking up and 
 perufing the proofs of their Memorial, and 
 the fa£ls therein fet forth, which they are 
 conftrained in juftice to themfelves, to lay be- 
 fore ypur Lordfhip, in a copy of the proceed- 
 ings upon the invefligation up to the 23d of 
 June, with the correfpondence referred to in 
 their Memorial, and the laft motion made on 
 their behalf, fo that your Lordfliip may judge 
 of their fituation, and apply fuch remedy as 
 your wifdom may dictate. 
 
 Your Memoralifts are far from flying from, 
 or wifhing to avoid every further or other in- 
 veftigation, which your Lordfhip has ordered, 
 or may order, in confequence of the addrefs of 
 the Legiflative Council into the pafl admini- 
 ftration of juflice : wrapped up in a confcious 
 integrity, and a fenfe of having honeflly and 
 
 faith- 
 
 I'; 
 
[ 30 3 
 
 faithfully, to the befl of their abilities, dif- 
 charged their duty as Judges under all the 
 changes of laws and conftitution of govern- 
 ment, which this country has undergone fincc 
 they had the honor to be appointed Judges. 
 They feel themfelves intitlcd to your Lord- 
 (hip's protedtion, and having a full and firm 
 reliance upon your jafUce and impartiality, as 
 well as the fenfe of your regard for the honor 
 of the King's government, and the fupport 
 of every member of it, under your admini- 
 ilration, efpecially thofe well known to you as 
 your Memorialifts, they look up to your Lord- 
 fhip, on this occafion, for a determination of 
 their cafe, from which they have no doubt of 
 obtaining complete fatisfadtion and juftice. 
 
 And your Memorialills fliall ever pray. 
 
 September 2, 1787. 
 
 (Signed,) 
 
 Adam Mabane. 
 Thomas Dunn, 
 P. Panet. 
 
 ■ 
 
 11 
 
 C O N- 
 
I 31 1 
 
 APPENDIX. 
 
 Addrefs of the Legiflative Council to His Excel- 
 lency Lord Dorchelter, of the 27th April, 1787. 
 
 N** ir. 
 
 Memorial of the Judges of the Courts of Common 
 Pleas to his Excellency Lord Dorchefter, i ft May, 
 1787. 
 
 N^ III. 
 
 Jixtrad of the Minutes of the Council of the 1 8th 
 
 May, 1787. 
 
 N" IV. 
 
 Interlocutory Judgment of the Court of Common 
 Pleas, Gray verfus Grant, a4th July, 1784. 
 
 N° V. 
 Judgment of the Court of Appeals, 6th July, 1785. 
 
 N^ VL 
 
 Final Judgment of the Court of Common Pleas, 
 
 Gray verfus Grant, 24th December, 1785. 
 
 N° VIL 
 

 N" VII. 
 
 Judgment of the Court of Appeals of the 29th Dc* 
 
 cembcr, lySG* 
 
 N° VIIL 
 
 Petitions of the Canadians at Quebec, of the 19th 
 
 January, 1787,- 
 
 N° IX. 
 
 Lord Dorchefter's Meflageofthe i ft February, 1787, 
 
 and Addrefs of the Legiflative Council thereon. 
 
 N" X. 
 
 Petition of the Canadians at Montreal, of the 3d 
 
 February, 1787. 
 
 ■ 
 
 I tt 
 
 A P P E N- 
 
De« 
 
 I 33 ] 
 
 19th 
 
 APPENDIX, 
 
 787. 
 
 n. 
 
 3d 
 
 E N- 
 
 , . NM. 
 
 The Adtlrefs of his Majcfiy*s Legiflative Council. 
 
 May it pleafe your Lordfhip, 
 
 The cxtrads from the minutes of our Journals, wtiich 
 accompany this addrefs, will fhew to your Excellency the 
 reafons and grounds which have engaged the Legiflative 
 Council, humbly to rcqueft that your Lordfhip will take 
 fuch fteps, as your Lordihip, in your wifdom, fliall judge 
 beft calculated to promote the ends of public juftice, and to 
 vindicate the honor of government, which are both fo ef- 
 lentially interefted in an enquiry into the charges and accu- 
 fations, fo publicly brought before the Legiflative Council, 
 againft the paft adminiftration of juftice, in the Courts of 
 Common Pleas for the two diftrids, as well as againft the 
 Judges of the fame; and that of inconfiltency in fome of 
 the judgments of the Court of Appeals. 
 
 Council Chamber, April 27, 1787. 
 
 /c: _j\ 
 
 utrxTDV" tir^oT? tj—r 1 
 
 4 i t- i T i\ 
 
 X^'w". 
 
 To 
 
 
[ 34 I 
 
 i 
 
 N" II. 
 
 To His Excellency the Right Hon. Guy, Lord Dorchefter, 
 Captun Geiieral and Governor in Chief of the Colonies 
 of Q]iebec, Nova Scotia, and New Brunfwick, Sic. 
 &c. &c. 
 
 The Memorial of the underfigned Judges of His 
 Maj^ftv's Courts of Common Pleas for the Dif- 
 
 tiicts of Quebec and Montreal. 
 
 Shewetb, 
 
 That on the 14th of April la(T, James Monk, his Ma- 
 jefty's Attorney General for this province, on being heard 
 as council at the bar of the honourable the Legiflative 
 Council, upon a petition of fome of the citizens of Quebec 
 and others, relative to an ordinance for regulating the pro- 
 ceedings of the Courts of Juftice, then before a Committee 
 of the whole council, did, in a fpeech of confiderable 
 length, delivered in prefence of a crowded audience, enter 
 into a general held of declamation againfi: the laws and ad- 
 miniftration of juftice for this province, charging not only 
 the courts of Common Pleas for both diftri^ts, but the pro- 
 vincial court of appeals, and even the Lords of his Ma- 
 jefty's Council with inconfiftei cy in their judicial d-eci- 
 fions ; and alfo charging the Judges of the Court of Com- 
 mon Pleas, for the diftrici of Quebec, with partiality, in 
 having through grace and favor granted to John Frazer, 
 of London, merchant, what they afterwards denied to 
 William Goodall, of the houfe of Watfon and Rafleigh, 
 in a cafe of a fimilar nature ; which laft imputation is of 
 
 ii:c; iiivjis. i^iivua Italian «2su CuiiiL^u^uvu lO yuut irj.\ 
 
 rialifts affeiled thereby, and to government. 
 
 
 That 
 
I 25. ] 
 
 That when the Attorney General was called upon to 
 avow and fupport what he had advanced in this behalf and 
 fpecially required fo to do by the Legiflative Council, «s 
 well as generally by an honourable member, Mr. Caldwell 
 to bring forward any accufation whatever of partiality' 
 other than that ftated in the queftions put to him by the 
 Council ; he the faid Attorney General did, in place of 
 anfwering diredly to fo plain a queftion, evade the f.me 
 under pretext of confulting bis clients, as may appear by 
 his anfwer of record, and having taken time, full flx days 
 to prepare himfelf to fatisfy the council in this refpea, in 
 place of coming forward to fupport fo foul an accufation, 
 did, at the moment of the laft adjournment of the coun- 
 cil to wait on your Lordfhip at the clofe of the feffion, 
 prefent an anfwer for himfelf and his clients equally evafive* 
 for all which your Memorialifts beg leave to refer your 
 Lordfhip to the Journals of Council, and to the laft an- 
 fwer abovementioned. 
 
 Your Memorialifts therefore humbly pray your Lordfhip 
 to do them juftice, by vindicating the dignity of govern- 
 ment, thus wantonly infulted in their perfons by the King's 
 Attorney General, and thereby refcue their charafters and 
 reputation from an attack of partiality fo malicioufly and 
 publicly brought againft them and unfupported, which may 
 alfo, upon the flighteft inquiry, be proved to be altogether 
 without foundation, and which is altogether unconneaed 
 with any farther enquiry or inveftigation, your Lordftiip 
 may think proper to make into the charges of inconfjft- 
 ency, in the judicial decifions of the Courts of Juftice, 
 alledged to anfc from the inadequatenefs and uncertainty 
 of the laws. 
 
 Qiiebec, 'ft May, J787. 
 
 A. Mabane, J. C. P. for Quebec, 
 
 (' 
 
 
 Fr 
 
 AS£R, 
 
 Pre. Panet, J. C. P. 
 F 2 
 
 Extraa 
 
[ 36 ] 
 
 I 
 
 
 N" III. 
 
 Extraa from the iMinutes of Council, i8th May, 1787. 
 
 Read a Memorial of Mr. Judge Mabane, Mr. Judge 
 Frafer, and Mr. Judge Panet, to his Excellency the Go- 
 vernor, dated the ift inilsnt, ftating among other things, 
 that an accufation of partiality was made before the Legi- 
 slative Council, on the 14th April lalt, againft the Judges 
 of the Court of Common Pleas at Qiubcc, by James 
 Monk, Efq; his MajeRy's Attorney General, and " pray- 
 «' ing his Lordfhip to do thtm juftice, by vindicating the 
 " dignity of government thus wantonly infulted in tneir 
 *' perfons by the King's Attorney General, and thereby 
 " refcue their charader and reputation irom an stuck of 
 «' partiality fo maliciouny and publicly brought againft 
 «« them, and unfupporwd, which niay aifo upon the 
 «' flighteft enquiry be proved to be altogether without f un- 
 " dation, and which is altogether unconnected with any 
 « further enquiry or inveltiuation his LordOiip may think 
 « proper to make into the charges of inconfiftency in the 
 « judicial deciiions of the Courts of Juftice, alledged to 
 «' arife from the inadcquatcncfs and uncertainty of the 
 "laws." Here Mr. Judoe M.ibane withdrew } then, read 
 the addrefs of the LcgiUativc Council to his LordQiip, 
 dated 27th of April, - rcquciijng his Lordiliip, upon the 
 «* reafons ^nd grounds therein referred to, to take fuch 
 »» fteps, as in his wifdum, he ftiould judge bcft calculated 
 «« to promote the ends of public juftice, i'.nd to vindicate 
 «' the honour of government, which are both fo eflentially 
 cc j.yprpfl-fwi in an enquiry iisto the charges and acculations 
 « fo publicly brought befuie tlijB _ Lcgiflativc Council, 
 unit the nail admlniftr .tiv i>-<?f j»^ftico in the Court of 
 
 (( 
 
 il 
 
 *' Common 
 
i 37 ] 
 
 •* Common Pleas for the two diftrifts, as well as agalnft 
 ^* the Ju'igps of the fame, and that of inconfiftency in 
 ** feme of the judgments of the Court of Appeals.'* Read 
 alfo thccxtrad from the Journals of the l.egiflative Council, 
 and the papers A and B, which accompanied the Addrefs. 
 Whereupon it is ordered, by his Excellency, with the ad- 
 vice of the Council, that it be cummitted to the Chief 
 Juflici' to caufe the invcftigation defired to be made, by» 
 hearing the parties publicly in the Council Chamber, and 
 that the report be made to his Lordfliip with all convenient 
 fpeed, and firlt upon the queflion of Partiality : And the 
 ChieF Juftice is authorized to employ one or more clerks in 
 the icrvice aforefaid, with free accffs to records and papers. 
 
 (A true Copy.) 
 
 (Signed) 
 
 J. Williams. 
 
 N«> IV. 
 DISTRICT OF (QUEBEC. 
 
 COURT OF COMMON PLEAS. 
 
 Saturday, 24th July, 1784. 
 
 Alexander Gray, Efq. 
 
 Vtrfus 
 Hon. William Grant, Efq, 
 
 The Court having heard Mr. Monk and Mr. Berthelot 
 for defendant, and the plaintiff in perfun, and confidercd 
 the pica of exceptions filed by defendant, with the plaintiff's 
 anfwcr thereto, and defendant's reply, difmiflls the excep- 
 tions 
 
 ffi 
 
I* ) 
 
 [ 38 ] 
 
 tions filed with regard to the curatorfhip, and orders de- 
 fendant to plead to the merits in four days, and the fur. 
 ther hearing and argument be fixed for Saturday next. 
 
 By the Court, 
 
 David Lynd, C. C. P. 
 
 N? V. 
 
 In the COURT of APPEALS. 
 
 Wednefday, 6th July, 1785. 
 
 The Hon. William Grant and RoBERTGRANT,Efqrs. 
 
 Appellants, and 
 Alexander Gray, Efq. &c. Refpondent. 
 
 The Court having examined as well the record and pro- 
 ceedings as the feveral interlocutory judgments given in 
 this caufe, and having fully underftocd the leafons of appeal 
 and anfwers thereto, and heard the allegations of the faid 
 parties by counfel, it is confidered, that the faid feveral in- 
 terlocutory judgments, particularly thofe of the 24th and 31ft 
 of July, 1784, be confirmed, and the proceedings annexed 
 to the Writ of Appeal fent back to the court of original 
 jurifdidion, in order to be proceeded on to final judgment, 
 with cofts. 
 
 (A true Copy.) 
 
 Ja, Shephird, Clerk. 
 
 N' 
 
[ 39 1 
 
 NO VI. 
 
 DISTRICT OF (QUEBEC. 
 COURT OF COMMON PLEAS. 
 
 Saturday, 24th December, i^gj. 
 
 AiexandhrGrav, Efq. Advocte, Curator .oth=v.ca«t 
 i.uc«ffion of Alexander Gray, his Father, deceifej, 
 
 Verfus 
 Hon. William Grant, Defendant, and Rob. Gr^nt 
 of London, Efq. Intervening. ' 
 
 The Court having confidered the pleadings of the parties, 
 the deporu.ons of Thomas Ainflie, Efq. and Charles Stuart 
 Advocate, witneffes prcduced in this caufej alfo the different 
 
 A.nfl.e and Charles Stewart, to wit, the copy of a Power 
 of Attorney from the late Alexander Gray, of Edinburgh 
 Wr,ter to the S,g„et, to William Grantand Charles Scu^rt' 
 bearmg date the fourteenth and fixtcenth of June, one 
 thouf.ndjeven hundred and eighty four, attefted bv James 
 Monro Notary PubLck; an Indenture, bearing date the 
 fixteenth of Novetr.ber, one thoufand feven hundred and 
 leventy.five, maJe between the aforefaid Alexander G.av 
 dcceaied as a.^minidr.tor of all the effcds, goods, right ,' 
 ar.d cred.ts of the decealed John Gray, late of Quebec 
 n^erchant, of the one part, William Grant, the p.efcnt 
 defendant, of the oher part, and Robert and VViHiam 
 Grant, ct the city of London, merchants, and co-pactne,s 
 ..... ..c ,..u R.oeri urant, in his own private nan.e. of 
 
 the other parti an Arbi-ration Bund, figued by the Hon. 
 ^ William 
 
 
[ 40 ] 
 
 William Grant, the defendant, and by Charles Stewarf, 
 attorney by procuration to Alexander Gray, the father of 
 the now plaintiff, dated the twenty-fourth of Oaober, one 
 thoufand feven hundred and eighty-five ; the Aw.ird made 
 by Anthony Vialars, Hugh Finlay, Robct Lifter, John 
 Lees, junior, and James Shepherd, dated the thinieih of 
 June, one thoufand fevcn hundred and ft .nf-eight j two 
 Letters wrote by defendant to Thomas A n.iie, dated the 
 twentieth and twenty-fccond of September, one thoufund 
 feven hundred and eighty-three; three Sketches of Ac- 
 counts b'/rween the defendant and and the fucceffion of the 
 late AWXau-ler-Grav, v/bicK ivere, produced .by the afore- 
 faid 1 homas Ainfiic ; the Deed of Curatorfliip granted by 
 the Prerogative Court at Qi.eVc the twenty-fccond of 
 June, one thoufund, feven. hunartid.^rid eighty-tour, by 
 which the prcfent defendant was cleacd and chofen curator 
 to the vacant eftate of his father Alexander Gray, deceafcd ; 
 a Power of Attorney from th.e atorefaid Robert Grant to 
 James Grant, of (^ichec, bearing date the fcventeenth ot 
 May, one thonf.md feven hundred and eighty-four; Let- 
 ters of Adminidratior. from the Right Reverend Father in 
 Gcd the Archbi(}iop of Canterbury to the faid Robert 
 Grant, to adn.inilkr to the eliedt^, kc. of the late Alexan- 
 der Gray,, dated the nineteenth of November, one ihouland 
 feven hundred and eighty-thice ; alio Letters t.f Admini- 
 ftration from the faid Atchbifhopof Cante.bury to the laid 
 Robert Grant, to ;)dminifter to the eftate of the late John 
 Gray, dated the fourteenth of Decen.ber, one thoufand 
 feven hundred and eighty-four ; a Paper Wnting figned by 
 Jftmes Monk, advocate for the faid Robert Grant, inter- 
 vening party, and likewife fign- d by Alexander Gray, the 
 plaintiff, intitled. State of Pa\mcntc, ^c. Having care- 
 fully examined the whole, and duly deliberated thereon, is 
 
 of op 
 
 inian, m 
 
 at 
 
 the faid A^lexandcr "Gray, by virtue of the 
 
 Deed of Curatorlhip to him granted by the Prerogat 
 
 ive 
 
 Court 
 
[ 41 ] 
 
 Court at Quebec, agreeable to the law, cuftom, and ufage 
 of h,s country, which is in force by virtue of an Aa of 
 Parl.ament mtitled, " An Ad for the more effeaual Pxo. 
 vifion of the Government of the Province of Quebec, in 
 North America," made and paffed in the fourteenth year 
 of the reign of his prefent M.jefty, k duly authorized lo 
 manage, govern, and adminiftcr to the efK ds, &c. of and 
 belonging to the eftate of the late Alexander Gray, and 
 likewife to the effeds of the late John Grav, the faid Alex. 
 ander Gray having furvived the faid John Gray, according 
 to the three hundred and eighteenth Article of the cuftom 
 followed in this province, L, Alort Saiftt k Vif. Having 
 further confidered, that from the death of the aforefaid 
 Alexander Gray, which was on the twelfth of January in 
 the year one thoufand feven hundred and eighty, until* the 
 time when the plaintifF obtained Letters of Curatorfhip to 
 the vacant eftate of the faid Alexander Gray, the defendant 
 could not pay the debt in queftion with fafety to himfelf 
 not knowing any perfon in the province fuiHciently autho- 
 rized to g,ve a difcharge for the fame. And laftly finding 
 that the defendant, in the year one thoufand feven hundred 
 and e.ghty-three, took feveral fteps to acquit and difcharge 
 the aforefaid debt j for thefe confiderations the Court con- 
 demns the defendant, the Hon. William Grant, to pay to 
 p amtiff the fum of eight hundred and ninety^one pounds 
 hfteen fhiilings currency of this province for the full ba 
 lance and perfed payment, as well of the principal fum as 
 the intereft then on, mentioned in the aforenUd Award of 
 the thirtieth of June, one thoufand kv^xx hundred and 
 feventy-eight, according to the account annextd to the 
 prefent judgment, with intereft on the principal fum of 
 feven hundred and feven pounds, nine fhiilings and two- 
 pence, from the firft of July, one thoufand feven hun. 
 
 -wicu uilu Ci 
 
 gnty.four, until the whole be paid with cofts 
 •f fuit. And it is further ordered, That the aforefaid 
 
 ^ fum. 
 
 \ 
 
m 
 
 [ 42 ] 
 
 fum, with the intereft thereon, be immediately after the 
 receipt thereof lodge.l by the plaintifF with David Lynd, 
 Efq. Clerk of this Court, in order to be diftributed among 
 the creditors of the late Alexander Gray, who may hive a 
 juft claim thereto, according to law. And in order that 
 the faid creditors may afcertain their rights, and claim what 
 may be due to them, it is ordered, That at the inftancc of 
 the plaintiff" an advcrtifemcnt in the French and En^'ifa 
 language be forthwith inferred in the Quebec Gazette, for 
 three weeks fucceflively, notifying to all thofe who pre-end 
 to have any demand on the cftate of the late John Gray, 
 of Quebec, merchant, or the late Alexander Gray, Efq. 
 Writer to the Signet at P2diiiburgh, that they produce and 
 lodge with the aforefaid David Lynd, Clerk of this Court, 
 their refpedlive accounts, duly authenticated and attefted, 
 on or before the firft of April next, with their petition or 
 requetes in collocation, on failure whereof they will be pre- 
 cluded, and this Court will proceed to a dillribution of the 
 aforefaid money, ordered to be depofited as aforefaid j dif- 
 mifles the faid Robert Grant from his intervention, faving 
 to him his recourfe againft the plaintifF in his capacity of 
 Curator to afcertain his debt, and condemns him to pay 
 the cofts occafioned by his intervention. 
 
 (A true Copy.) 
 Quebec, 30th Sept. i7?9. 
 
 David Lynd, C. C. P. 
 
 Kr» 
 
[ 43 ] 
 
 N« VII. 
 
 In the COURT of APPEALS. 
 
 Friday, 29th Dec. 1786. 
 
 William Grant and Robert Grant, Plaintifts, 
 
 Againft 
 Alexander Gray, Defendant. 
 
 On APPEAL in ERROR. 
 
 The parties having been fully heard, and it not appear- 
 ing that the plaintiff in the adion brought in the Common 
 Pleas is cne of his Majefty's Canadian fubjeds, and thi« 
 Court being of opinion if he was, that he has not proceeded 
 to intitle himfelf to bring the faid aftion under the antient 
 Jaws and cuftoms of this province j and it further appearing 
 that the faid plaintiff below, and all the parties, are natural- 
 born fubjeds of Great-Britain, and no letters of admini- 
 ftration having been fued out of the Prerogative Court of 
 this province upon the eftate or eftates inteftate, for which 
 the faid adion was brought j it is therefore ordered by the 
 confideration of this Court, that Alexander Gray, the plain- 
 tiff below, take nothing by his writ, plaint, and judgment 
 in the Common Pleas, but that the faid judgment, and 
 every part thereof, be wholly reverfed and annulled j and 
 it is alfo adjudged by the confideration of this Court, 
 that the appellants do not recover any cofts from the faid 
 Alexander Gray, the refpondent, nor either appellant from 
 the other, that the parties may be feverally left to bear their 
 •wn cofts. 
 
 N« 
 
 (A true Copy,) 
 
 Ja. Shepherd. Clerk. 
 
 Gz 
 
 m 
 
t 44 1 
 
 I 
 
 N^viri. 
 
 L'Humble Supplique dcs Citoyens Canadians de Quebec. 
 
 Qu'il plaifc a votre Excellence, 
 
 Nous citoyens Canadiens de la ville Qiiebec prenons la 
 liberie de faire a votre excellence nos trcs humbles repre- 
 fentations fur un ohjct qui interefFe effenticllement notre 
 tranquihte et le bonhf;ur de cette province. 
 
 Une jufte ct precife execution de nos loix civiles eft 
 notre vceu, et les alterations qu'clles ont fouffertes, e^ 
 qu'ellcs pourront encore fouffrir font nos craintes et nos 
 peines. Ces Loix ont etabli les titres de nos biens et de nos 
 families au nombres decent vingt mille ames, qui formenc 
 les dix neuf vinguemes de la population aduelle. La 
 Capitulation, on nous maintenant expreflement dans I'en- 
 ti^re et paifible proprietc et pofTeffion de nos biens nobles et 
 innobles, meubles et immeubles, nous a necefTairement 
 conferve ces Loix civiles qui les definiffent ; et I'un, des 
 articles del^Aae de Parlement de la ,4= Annee du regne 
 de Ja trcs Gracleufe Majelle, confiderant avec juftice ce 
 pays comme conqui., nous les a fi clairement accord6es 
 qui ne do.t avoir dans les cours de juftice aucunedoute 
 quil ait fous-entendu A^y introduire, en outre, d'autres 
 loix, qu, n'ont jam.is dte publiees en cette province, 
 pnifque leurs pluscelebres commentateurs declarent qu'elles 
 n ont aucune force en pays conquis et deja habites. Nous 
 ne pouvons meme imaginer que Pafle du parlement qui 
 nous accorde nos proprietes et ces loix ait en.endu autorifer 
 des alterations rciterees, qui detruiroient leurs principes 
 fondamentaux ou meler avcc ces loix, d'autres loix, foit 
 ».u«;uc5, ioit particuiieres qui ont des principes differens. 
 
 et 
 
[ 45 } 
 
 et qui font peu convenables a ce pajs, dans la vue de fa^ 
 vorifcr une certaine clafle d'individus feulement ; parceque 
 du melange de diverfes loix, en un mcme pays, il ne peut 
 refulter qu'une confufion, la defuniort entre les fujets, ct 
 des incertitudes ruineufes aux families. 
 
 L'Alteration de nos loix civiles, coAtunies et ufage$ 
 mcritc la plus grande moderation, et les precautions les 
 plus importantes. Ces loix font fimples claires, connues, 
 et jufles, meme pour le commerce, puifqu'elles favorifent 
 beaucoup le prompte recouvrement des dettes, la juftice, 
 et I'egalite cutre les creimciers, Elles confifient en ordon- 
 nances,quelesRois n'ontvoulufaire,lorfqu'elle8 touchaient 
 aux proprietes et aux droits, des citoyens, que fur les refo- 
 lutions des Etats j c'eft a dire les trois ordres du peuple. 
 Nos coutumes n'ont auffi ete redigees par Ecrit que dc 
 cette Maniere, et leur redadion na' ete faite que fur les 
 refolutions des memes etats. C'cft pourquoi les lettres 
 patentes de la derniere redaction les declarent, et garantif- 
 fent expreflement, comme loi et 6dit perpetuelles et irrc- 
 yocables j et que I'ancien gouvernement n'a pendant plu- 
 fieurs fiecles fait que peu d'ordonnances, dont aucune ne 
 donne atteinte a ces loix. Telles font les loix, coutumes 
 ct ufages pour nos droits reels et perfonels, dont les an- 
 ciens et notables, meme les nouveaux Canadiens qui font 
 en cette province, fans diftindlion de naifTance, ont d'ar- 
 cord entre eux, demande Texade execution a fa Majef e, 
 en la fuppliant de remedier a I'Etat a£luel de cette provjiace. 
 Nous fupplions done, tres refpedtueufement, votre feig- 
 neure, de vouloir ne donner aucune fan£tion i ce qui 
 tendrait a detruire les principes fondamentaux des loix, 
 coutumes, ct ufages qui regient nos proprietes, ou qui 
 voudraient introduire d'autres Loix, attendu que toutes 
 innovations en loix ne devraient fe faire qu'avec |es memes 
 
 nretaufinns nni Ipc mif ofaKKe 
 
 J^,*ancieniic 
 
 I 
 
r 46 ] 
 
 L'aiicienne et conftante protc6lion que votre Excellence 
 t bien voulu accordcr a nos droits les plus precieux, nous 
 afTure de cclle qui doublera notre reconnaiflaiicc, ct nos 
 Tocux pour votre confcrvation et profpcritc. 
 
 Quebec, le 19th Janvier, 1787. 
 N. B. The foregoing petition was figned by 345 perfons. 
 
 N^ IX. 
 
 fixtraft from the Minutes of Council. 
 
 Thurfday, ift February, 1787, 
 His Honour the Lieutenant Governor fignifie.d to the 
 Council, that his Excellency the Right Hon. Loid Dor- 
 cheftcr, had put into his hands a petition figned by a great 
 number of ref^jedable fubjedls of his Majcfty, leli^ent at 
 snd near Qj^iebec. That his Lordihip had direded his ho- 
 nour to inform the Cc.uncil, that upon receiving the peti- 
 tion, he was on the point of returning it to the Gentle- 
 men who had prefented it, not feeing to what purpofe it 
 tended. That his Lord/hip remained for fome time un- 
 decided, whether he fhould not return the petition ; but, 
 having received the report of the Committee of Merchants 
 at Quebec, ^>\d that of thofe at Montreal, accompanying 
 the report of the Committee of Council named by his Lord- 
 fliip on the 6th of November laft, to take into cenfideration 
 and report upjn commercial matters, his Lprdfhip per- 
 ceived iiic icafoii of the alaini takcii by the pciitiunciSt 
 That his Lordlhip had fent the petition, and the report of 
 
 th^ 
 
t 47 1 
 
 the Committee of Commerce, together with all the papcri 
 that were therewith delivered to him, for the information 
 of the Council. That his Lordfhip recommends to the 
 Legiflative Council, when confidering fuch of thofe papcr» 
 as they fliould judge fit to mate the fubjed of their deli- 
 berations, in forming regulations, that they would keep 
 in view the objf£is contained in the faid petition j to the 
 €nd, that the minds of the people may be quieted, and that 
 peace and trancj^wlity may, by their pfudence, be pro- 
 muted* 
 
 Extradl from the Minutes of Council, 3d Febiuary, 1787. 
 
 ■ ■ A 
 
 May it pleafe your Excellency, 
 
 We, the Members of the Legiflative Council for the 
 affairs of the province of Qiiebec, in council aflembled, 
 return your Excellency our humble and hearty thanks for 
 the full and ample communications that you have thought 
 fit to give to this Council, of all the feveral reports which 
 have been made to your Excellency ; and particularly of 
 the petition lately prefented to your Lordfliip on the part 
 of a number of his Majefty's refpeaable and faithful fub- 
 jeds of the town of Qiiebec ; as well as your Excellency's 
 gracious meflage thereol. 
 
 We beg leave to affure your Excellency, that this Coun- 
 cil will not fail, in our deliberations upon fuch part of the 
 various matters annexed to the reports, as may appear to 
 us to be objects of public good, within oor fphere and 
 powers, to meet your Excellency's wiihes, in. the fulled: 
 manner, by a due attention, on our part, to avuid any 
 thing that may give the alarm ag:sin, to that clafs of his 
 Majefty's fubjeas, defcribed in the petition, whofe minds 
 cannot but be reftored to perfea tranquility, by the fnea- 
 
 fures 
 
■•v » 
 
 [ 48 J 
 
 Aires that your Excellency has thus, in your wifdom and 
 juftice, taken on the cccafion. 
 
 Council Chamber, tt tt - ti f^ * 
 
 iir-L « Henry Hope, Prelident, 
 
 iftFeb. 1787. 
 
 A Son Excellence le tres Honorable Guy Lord; Dor- 
 chester, Capitainc General et Gouverneur en Chef 
 des Colonies de Quebec, Nouvelle Ecoffa et Nouveau 
 Brunfwick, et leurs dependances ; Vice-Amiral d'lcel- 
 lesi General, et Commandant en Chef de toutes les 
 troupes de fa Majefte dans les dittes Colonies, et dans 
 rifle de Terre-neuve, &c. &c. he* 
 
 Qu'il plaife a votre Excellence, 
 
 Dans un terns, ovi I'ariivee de votre Seigneurie fembloit 
 ne devoir faire penfer aux anciens et nouveaux fujets de ft 
 Majefte qu'a fe fclicitcr reciproquement de cet heureux 
 evenement: dans un terns, ou nous penfions qu'il y auroit 
 un accord mutuel a fe rejouir des douceurs d'un Gouverne- 
 ment heureux : dans un terns, enfin, ou nous croions la 
 tranquilite retablie, les anciens fujets revenus d'un fifteme 
 qu'un oppofition generale des loiaux fujets Canadiens de- 
 voit leurs faire regarder comme inadmiffible, dans un pais 
 ©u les oppofans, par droit, nombre, fortunes, et propricies 
 doivent emporter la balance j c'eft avec la furprife, la plus 
 grande, que nous voyons les nouvelles demandes des an- 
 cient fujets de fa Majefte qui ne tendenr. a rien moinv ]u'a 
 
 * * fer 
 
 «r\i I I t/Ar 
 
t 49 ] 
 
 boulverfer les loix fondamentalles des nouveaux, a left 
 aneantir, et par la, Icurs proprietes. Cette commotion 
 feroit alarmante, fi les loyaux fujets Canadiens de fa Ma- 
 jefte n'etoient perfuades que elle a les vues les pl';s favorables 
 pour fon pcuple Canadien ; que lors qu'elle verra, par 
 I'Entremife de votre Seigneurie, au pied de fon augulle 
 tr6ne, Toppofition generale et formelle de fes loyaux fujets 
 Canadiens aux demandes injuftes et outrees de fes anciens 
 fujets i que quand notre tres gracieux Souverain fcra in- 
 ftruit que tout un peuple, qui n'a jamais ceffe de lui etrc 
 fidel, fe reunit pour reclamer fa juftice et fon equite, pour 
 lui conferver fes loix municipales, fes loix, fur lefqucies 
 font fondes fes biens, fortunes, et proprietes ; fes loix, 
 que le droit des gens affure, que la capitulation a promife, 
 qu'une proclamation a folemnellement ratifice, et que le 
 Bill emane de fon auguft Parlement dans la quatorzieme 
 annee de fon regne bienfaifant, a maintenu, et nous ga- 
 rantit ; que quand fa tres digne Majeite daignera promener 
 fes regards fur cette 6tendue de pays qu'habite un peuple 
 qui defire lelui conferver, et qu'enfuite elle comparera cette 
 quaarite de perfonnes qui lui font fi fidelement attachees, 
 les Inens et les proprietes de tant d'individus, dont on veut 
 renvcrfer les principes fondamentaux, avec le nombre, ft 
 petit, d« anciens fujets, et de fi peA de proprietes 5 ne 
 devons nous pas efpaer, que notre tres gracieux Souveram, 
 bien loin d'acqu'efcer, a des d.mandes auffi injuftes. affer- 
 mira encore ct rendra plus tables les loix conftitutionelles 
 ct municip.lcs de fes fidels et loyaux fujets Canadiens.^ 
 
 Nous fuppliotr, votre Excellence de vouloir bien jctter 
 un regard fur les deux addrefles mvoiees ci-devant pour 
 are miles au pied du trone auguftc de fa M.jefte, dont 
 nous avon« I'honncur de vous tvanfmettre les cop.es ; de 
 les confidcrer comme le vocu unanime ct invariable de la 
 nation.: Et que par votre iUuftre proteaion notre tres 
 jtracieux Souveiain veuille bien y avoir reference.^ Nous 
 
 H 
 
 ClpciuilS 
 
t so 
 
 1 
 
 'rl 
 
 .fbcrons que votre Excellence n'aura aucun egard a cH 
 demandes de Chambre d'Affemblee ; de Chartred Incor- 
 poration, dont le but eft a peu pres le meme ; d un enre- 
 gitrement des contrats ; de Greniers et marches pubhcs 
 pour les Grains, &c. d'un commerce avec Vermont 5 dc 
 ces innovations pour les douaires hypotheques, &c. Ces 
 points etant affes clairement expliques dans notre loi : le 
 tout ne tendant qu'a la Tapper, et nous paro.flant contrair« 
 ct prejudiciable a I'avantage de la province. Que tou* 
 autres articles de ces demandes qui nefregardent pas Ic 
 commerce feul, meritent un defaveu do notre part, commt 
 oppofes au bien, aux interets, aux droits, et aux privileges 
 les plus facres des divers etats qui compofent cette Pro- 
 vince, et a qui fans daigner les confuker. ou veut impofer 
 des loix dont eux-feuls fentiront tout le poid. ^ 
 
 Nous ofons nous flatter que votre Seigneurie voudra 
 bien faire valoir notre oppofition par tout ou befom lera. 
 Qu'elle voudra bien I'appuier de fon credit; fes conno.f. 
 (Tnces dans la province des fujets qui I'habitent la rendent 
 plus capable que tout autre de faire, avec cette mtegnte 
 et cette impartialite, qui en tout terns, ont charaaenfe 
 votre Excellence, un rapport fidel et exaft des vra.s fen- 
 timens de notre nation , et de pointer cette d.ftma.on que 
 ron doit mettre entre la futiiite des demandes, et le« 
 droits reels des oppofans. Et c'eft avec la confiance 
 la plus ftncerc que nous nous attendons encore auX 
 marques de cette prote^ion bienfaifante, fi fouvent 
 reiteree a notre egard j qui fait, que fous un gouverne- 
 ment chcri, le plus Augufte des Roix eft adore, ct nc 
 peut qu'augmenter notre amour en fe faifant reprefentef 
 parmi fes loyaux fujets Canadiens par votre Seigneurie, pour 
 la profperite de laquelle nous ne cefferons de prier. 
 Montreal, le 3me Fevrier 1787. 
 N. B. The foregoing Addrefs was figned by 31$ pcrfo*?. 
 
 FINIS. 
 
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