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"l' ' 2 3 1 2 3 4 5 6 Hi ] \ * . -^ 1. ■SI 7^1:^ fi" :r: ..i-wroTi c OF T H B , V.,. ^'-> . t. i.o ;:.■■■ r GOVERNMENT and GRIEVANCES •f '-\ ■;■.-- rf' iT.- *'1" '■ • ■ ■ t •k.'. ■ * '■■■.' * « OF THE PROVINCE OF QUEBEC. ■f ,'■ 'T * ^ ^^ '. ' > ,^ f Price t/. 6d.} 1,4 ^ ;o 'f *?•.. '^ ii V:i-*', *'^ IflPV. iiHi,! ii>K«^w «»,i,i»jiiv » I iijiipi fjfif-iftrffmifmfi v\f.mum"4-m mt^mmim^l^il'l*'!--' - ' .'- ■ "1?'- Shortly will he publifjecl, A SKETCH of an INVESTIGA- TION into the paft Administra- tion of Justice in the Province of QUEBEC, ordered by his Excellency Lord Dorcheste.i, laft Summer, Alfoy in a few Days will be puhlij/oed, HUMANITY, A POEM, WITH A VIEW OF LIBERTY AND SLAVERY. By the Author of Sympathy, ,:-Q A- of REVIEW O F T H E GOVERNMENT and GRIEVANCES OF THE PROVINCE OF QUEBEC, SINCE THE CONQUEST OF IT BY THE BRITISH ARMS. TO WHICH IS ADDED, An APPENDIX, CONTAINING EXTRACTS FROM V AUTHENTIC PAPERS. Jujlice is lame as ivcll as hlind^ amongft theniy ^Ihe laws corrupted to their ends that made thcm^ Serve but for injlrtwtents offomenev} tyranny fhat every dayjlarts up t^evjlave them deeper* Otway. LONDON: Printed at the Hogograptiic JPtefJt, AND SOLD BY J. STOCKDALE PICCADILLY, AND W. RICHARDSON, UNDER THE ROYAL EXCHANGE. • M,DCC,LXXXVIII« ■: 'C IILiVli .ii.ijMPiiiniiKii wqiiu mmKwv^m'mM'\^tt i I ... ^-••/s^^^ i I . t :^ i ■. : 'Jiii -ill "O'/j I'vfir ; ' R E V I E W, ;;&c, ' ; ! 'D'f AMONGST the various prejudices which root themfelves in the human jnind, none are more vigorous or abfblute than thofe of education; and of thefe, the attachment that connedts us with the country in which we were born, is frequently the ftrongeft It is a predl- ledion which feems to have been im- planted by the hand of nature her- fejf ; it puts forth its (hoots in our earliefl: A Infancy, ( * ) infancy, acquires vigour with our growth, and even ftrengthens with our decay. To rank it, therefore, amongft the prejudices of education may be rather incorre£l ; for how- ever its intemperance and excefs may lead to irregularity, its moderation may certain- ly boaft the virtue of a paflion, and claim the refpedl due to the firmnefs of a princi- ple. The abflra6led reafoncr, therefore, mufl in this inftance, remit of the ufual rigour of his d du£lions, and remember that he himfelf has been, and perhaps flill is, an enthufiaft to the fpot whereon he firft drew breath. i •* Thh to h\i heart endears the barren plain, •* This to his native mountain, binds the fwain ; . ** His native mountain where his cottage iiands, ** More lovM, more dear, than all th* neighb'rinj " lands. " For tho* the blaft be keen, the foil be bare, •* His friends, hit wife, his little ones are there." ** Sympathy." At the fame time, however, that we al- low to this natal bias, its magic power of ■ ' I fitting .1- ( 3 ) fitting and difpofing us to endure, and even to embrace the hardjhips of the climate, and the government, in and under which we were born, it too often unfits us for pro- perly enjoying, or eflimating the blejjings of every other. / It In a conquered country thefe natural pre- judices, or to give them a yet fairer name, thefe amiable pt^poffeflions claim every in- dulgence which found policy will allow : for it may be laid down as a maxim, that the man who fits entirely loofe to the welfare of his native country, will never warmly in- tcreft himfelf in the welfare of any other. Jt is the bufinefs, therefore, of thofe who are invefted with the rights of conqueft, gradually and with a gentle hand to loofen, and not by violence to eradicate, thefe pa- triot prejudices. For all new fuhjeSis^ how- ever they may fwear allegiance and intend A % to li ( 4 ) to preferve it, have old attachments pof- fibly m direft oppofition to the habits, man- ners, and opinions of their new fove- • reigns. It requires, coufequently, no fmall degree of addrels, in which urbanity fhould blend with power ; the one foftening the other, to wean the natives from their an- cient cuftoms, to win their confidence, to .conciliate their efteem, and reconcile them to thofe alterations which policy may pre- fcribe, and the general interefts of the em- pire require. . . :ar to {laughter and devaftation, and laugh in their clofets at bravery and fcience, while they are adding figure to fi* gure, and cypher to cypher, hoping for a i^ew contraQ: from ^ new armament, and computing ( 9 ) computing the profits of a fiege or a tempefl^ But it will be unneceflary to refort to the ar- • guments of the pra£lical philanthropifl ; or to thofe of the fpeculative moralifl, whofe fyftem enters not into the rife or fall of go- vernments, nor eftimates the lofs of indi- vidual good by the counterpoife of po- litical advantage: — it will not be necef- fary to ufe any reafoning except what would be admiffible by the moil found, the moft ^b{lra£t politician, to prove, that every con- queft fliould be fo cultivated and improved, as to produce a good proportioned to the inevitable evil by which it was attained. By the fame reafoning it is apparent, that the greateft good that can be derived from a new fettlenjent, acquired by a trading nation, is, by encouraging the trade of that fettlement under the guarantee of proper laws, that the general wealth, profperity and connection of the new and old fubjedts fhould fo affi mi- late, that the nation fhould find itfelf upon the i f Id ) the whole richer, happier, and more povv erful by that con qu eft. "^ ■ 't ■ ■ ' " '•'■'•*. ■ ■' ' ' t But before we come to any application of our preliminary remarks, which will not be found irrelevant to the principal ob- je£l of thefe pages, let us pave the way by a few more introdudory obfervations. % li' ; The mofi: fagacious writers, and indeed all the commercial parts of human fbciety, (which is nearly the whole of the civilized world in a greater or lefs degree,) have de- termined, that trade is the moft benefcial thing that can be encouraged in a country capable of it : and it has been juftly laid down as a maxim, that where there is an extenfive and well regulated trade, under the aufpices oi equally well regulated laws ^ a pro- vince continually increafes in refources and in wealth ; and, that the we ilth and re- fources of a province decline in exa6l pro- portion ( " ) portion with the decay of Its trade, if oc- cafioned by the irregularity or inefficiency of its laws. It would not be difficult to apply to the laws and trade of the provuice, whofe government and grievances we are about to inveftigate, the particular illujlrations which have been brought in proof of this ge- neral aflertion. r The ancient dignity of Car- thage, and the modern importance of Holland, whatever may be her prefent degradation or difgraces, — the former rifing, not as a meteor, to dazzle and disappear, but, from rude and obfcure materials, to a folid rivalry with the miftrefs of the world ; and the latter afcending from airy nothing, like one of her own exhalations, not only to *' a local habitation and a name,'* but to be an obje£l of as great political magnitude as any in the map of the commer- cial world. The origin of both was mean and contemptible, and both are indebted for their diflia<5lion and elevation to tho fpirit of fill ii ( J2 ) of trade. Happy, therefore, is the nation,- happy the province ! exclaims a real lover of his country, where the minifters and nobles of the land delight in promoting and protedling the trade of the new acquifitions to the guardian empire ; they will infpedl all the channels by which wealth and pro- fperity flow in upon the lai^d, and remove all obftrudions ; wherever the progrefs of commerce is obftruded, they will trace the caufe, clear the courfe, and replenifh the ftreams. ■ » wa m 1 h How far this policy has been attended to in the conquered country of Canada, or how far it {lands yet in need of Britifh encourage- ment, Britifli laws, and Britifh protedion, to fecure to the empire the advantages of its trade, (hall now he fairly and candidly ex* amined. « This extended and produ£live province, ■for with whatever accuracy it may have been ( »3 ) been defcribed by a celebrated writer, who, in fome observations on the ftate of affairs ill 1756, called it, a cold, uncomfortable, uninvitmg region, from which nothing but furs and fi(h were to be had, and where the new inhabitants could only pafs a laborious and neceffitous life, in perpetual regret of the delicacies and plenty of their. native coun- try, — notwithftanding the opinion which at that period might, from' want of informa- tion,, be entertained of it, that it was not thought of much value even by thofe who firft planted and encouraged the colony, but as a mere political drain, into which the wafte of an exuberant nation might be thrown, — a region of defolate fterility, where nothing was found but lakes and forefts, barren and tracklefs ; — ^yet, from undubitable authority, from pofitive 1 and known facls, we can now venture to call it a populous and produdive country, '^ • It C I* ) Pi m^i ' "I II iiii, ^' It appears to be a maxim of the French Government, in common with all other defpotic empires, to pay more attention to extending the empire, than to improve its acquifitions to ar^^ real advantage; which can only be attained by equal, juft, and known laws, giving confidence and energy to enterprize, by the fecurity which they afford civil and political liberty. Canada, while under the French Govern- ment, was valued more as a thorn in the fide of Great Britain than for its own inter- nal worth : The flow, yet regular progrefs of cultivation and trade, and the profits and advantages that might have been deri- ved therefrom, were objects to which they never direded their attention. Their view was to annoy and deftroy the Britifh fettlcrs in the neighbouring provinces ; and, by calling out the Canadian farmers, and employing them in that deftrudive pre- datory fpecies of war, they fucceeded fo far as ./ ( '5 ) as almoil to annihilate the Britifli Anne- rican colonies ; but that wanton exercife of power, that blind delire of fuperi- oriry, entirely ruined their own colony, by preventing the cultivation of the lands, and ob{lru(S!ling and drying up the fources of trade and commerce. Though .f hat country was under the , dominion of France about one hundred and fixty years, fhe was ftill ignorant of its powers and re- fources ; its trade was trifling, and the pro- vince a dead weight on the kingdom ; it was left to the commercial fpirit and en- terprize of Britons, to find out and open thefe refources, to form an eftimate of its Importance, and to give it, in the political and commercial world, the confequence it fo well deferved. A brief and unornamented hiftory of Canada, from the conqueft of it to the prefent time, corredlly tracing, with the fimplicity, yet the vigour of truth, abU^ experiments^ 'm "JT HI w- I fill i |6 ) experiments, fuccejfes, ml/carnages, grievances^ and appeals, in their progrefs acrofs the Atlantic, from the fubjedts to Government^ and from Government to its fubje£ts, in the career of an almoft conftant correfpon- dcnce, will heft explain what hath been the paft, and what is the prefent ftate of that country. It may be jtft' Heeeffary td premife, that in the propofed "flatement, ' • r « ■ r «i ■t 4< Nothing (hull be extenuated, Nor ought fet down in ra ilice. cr :J, » M I ^ Not a fyllable indeed admitted, with which thofe of the higher powers whom it moft concerns, in Great Britain, are not, by an ac- cumulation of pathetic evidence, pre-ac*» quaiuted. j. i i t • » /v\ .Vl'JlJ »»-V/ r > This exienfive and produSlive province, in .the year 1760, finally furrendered to the arms of his Britannic Majefty ; when, a- mongft the revolutions of that memorable period, the officers of the French civil go- vernment -' ;" ( '7 ) I vcrnment refigned tlicir relpe^ftive powers into tlic hands of our Commander in Chief. Tlie Courts of Juftice, inftituted and admi* niftcred under the laws of France, werecon- fequently clofed ; to obviate the confufion which, in a country of fuch extent, would neceflarily take place on the leaft lufpenfion of civil government, military courts, com- pofed of a certain number of officers of the army, were, with great propriety, eftablifli- edby General Murray, with a view princi- pally to the hearing and judgment of mercantile caufes. When any obje6ls of difficulty, intricacy, or magnitude, were fubmitted to their jurifdidlion, they had it in their power to refort for legal in- formation to fuch of the French Judges, Counfellors, and advocates, as were flill in the country. The province remained under this kind of government, till a more important epoch in its hiflory took place; when, by the treaty of B peace pence of 1763, the w^H)lc country of Ca- nada was finally ceded to Great Britain. !'• Ifl!! iiiil Ilia Majclty, on the 7th of 06lober, 1 763, • by royal proclamation, crcifVcd it into a Bri- t\ih province, under the title of The Province of ^ehec. And by the lame folemn fanc- tion, gracioufly promifed the bene^ts of tiie EngJiJJj laws, to fuch of his fubjedls as (hoLild refort to, and fettle in his new province. W I'M' I'll In the fpring 1 764, a commifTion of Civil Governor was fent to General Murray, with orders for the appointment of a council, who were to be invefted with certain powers of legiflation — to eflabliili courts of juftice — and nominate judges to preflde. The form of the commifiion was the fame as thofelnflruments in ufe for the Governors of the other Britifh colonies in America — the lame powers granted, and the fame diredioii ' • ■ jf - given ( '9 ) given to fummon an allcmbly of the free- holders. This announced fonacthing like a govern- ment : here appeared the dawn of Canadian hope, and of Britifli cxpe6latlon. The old and new fubjeds hailed the appearance of that guiding flar hi the weflern hemif- phcrc, under whofd. aufpicious influence their rights were to be protected, their com- merce fuflained, and their happinefs le- cured. The firft fejflions of the new appomted Ic- giflative council met about the month of Auguft, 1764; and on the feventeenth of the September following, in compliance with the grrcious promifes fpecified in the proclamation above alluded to, they publifli- ed an ordinance for the eftabhfhment and re» gulation of the judicial Courts. By this ordinance the Chief Juflicc was directed to decide all matters that came before him — If! 'I 111 I mr r' i mi. m 1:;:.; ( 20 ) *' According to the laws and cufloms of that part of Great Britain called l^ngl and ^ and the laws, ordinances, rules, and regulations of the *' province hereafter in that behalf to he ordain- " ed and made, ^"^ Thus the laws of England were fully Introduced into the provmce, and indeed the Royal fan 6^ ion itfelf given afterwards to that ordinance, was a confirma- tion, like proof of " holy writ," that the council had not mif^aken or exceeded his Majedy's gracious intention. Unlefs, there- fore, for the purpofe of determining fuch caufes among the natives, as originate-^ he- fore the firft of Oilober 1764, the cuftoms of Canada and the laws of France were en- tirely fet adde. Abrupt revolutions in civil governments are at all times dangerous, and will neceilarily produce great evils, and give much trouble to the fubjed ; every new and great experiment, therefore, fliould be un- dertaken and introduced with caution. By this new fyfteni the deareft and mofl fa- cred rights of the new fubje^ls were en- tirely deflroyed ; thofe laws by which only - ^ ,.• i ' their v% ( 21 ) their tranni6lioiis about their landed proper- ty, fiimily fettlements, and the various con- trails between the Seigneurs and their te- nants could be regulated, were entirely done away ; and the French Canadians found themfelves under legal obligations to regu- late their condu6l and affairs by a fyftem of laws, with which they were totally unac- quainted, and of which the attainment of any competent knowledge was impof- fible, not being poffefled of the books in which they were contained ; and, befides, their ignorance of the language in which they were penned, was in itfelf a bar not to be furmounted. No wonder if this ignor- ance of the new laws by which they were now governed, prevented their feeing, at once, all the dangers that impended, or perceiv* ing the change which thofe laws created in the tenures of their lands, and in their do- meftic arrangements. They ftill, however, continued to alienate their landed property, to fettle their family affairs, and to follow .eir i '1.1 ( " ) . the mode.-; of inheritance according to the prai5llce and nfagc of the French govern- ment ; although, hi a variety of inftances, they therchy a^lcd hi oppofiion to tlic new law : Fortunately, for a confiderable time, no material dlfpiites happened, or were brought forward, to open the eyes of the people to the horrors that threatened thcni. \>t., u %. ? I ii'i." I 1:1, ' m Theprogrefs of misfortune, is, neverthelefs, always fufficlently rapid, and we generally know the nature and extent of our calamity before we are adequately prepared to meet it. From the furrender of the country until the eftabllfhment of civil government, a num- ber of the French Judges, Confeilliers du Con» Jeilfuperieur^ Avocats or lawyers— from choice, neceffitVi or affedlion — ftill remained in the country, and cherifhed hopes that their pro- feflional talents might be wanted. They forefaw the propriety, and even neceflity of aflimllatlng the laws, cuftoms, and manners ' of Canada with thofe of Great BritaLi ; but . they .t - ( *3 ) tliey expeclcd this would be done With a gentle hand, and by degrees. They could not conceive it pofiible, that a wife and en- lightened nation vyould, by one (hort law, totally dcftroy ajid anniiiilate a whole fyflem of jnrifpnidcnce, which had regulated the countr}^ cv cr lince it was fettled ; amended and modelled from time to time, to fuit the particular exigencies of the fettlement ; and which, they naturally concluded, ought, \\\ fome parts at leaft, to be better adapted for that country, than any other that could be introduced ; they expected, that if their new governors did not pay much attention to the prejudices of their own fubje6ls, that they would at leall: refped: the nature of their property, andpreferve thofe laws which/ alone could protect and maintain it : but thofe hopes were completely deftroyed by the pubUcatlon of the ordinance of Septem- ber, 1764. The only fyftem of laws of which either they or the Canadian people knew the pradice, being now abrogated, the B 4 greater ( 2+ ) h '5' 1 1 iLillK. m lyr P ii greater part of them, foon after retired to France ; the few that ftaid behind were moftlj men, not diftinguifhed by abi- lities, and whofe age prevented them from trying experiments upon fortune or happi- nefs in another country. Though from a total ignorance of the pradlice and the forms of the new fyftem, many of the new fubje£ls fuffered confider- ably, 3^eC a few years experience convinced the more fenfible part of them, that the Eng- li(h commercial laws were more particularly calculated, and, indeed, everyway better fitted for the regulation of a commercial colony^ than the cuflom of Paris. Compiled and digeft- ed in the fifteenth century, when trade and commerce were little cultivated in France, the cuftom of Paris, enveloped with num- beliefs forms, clogged the free active pow- ers of trade and crippled the enterprizing genius of commerce. Experience, which is the heft eradicator of prejudice, thus be- ( »5 ) gan to have Its proper efFefl, with regard to the commercial part of the Engli(h laws ; but the Canadians flill regretted the altera- tion of the laws relating to landed property, inheritance and dower; m .e particularly, when a few of the moft intelligent had ob- tained proper information of the real ftate of thefe things by converfation with the old fubjeds. Far from wifliing, however, to deftroy rights which were of fo great confequence to their new fellow fubjedls; — far from defiringto in- jure a people with whqm they were now blended, and with whom, through intereft, they were connedling and reciprocally mixing every day — the old fubje£ls no fooner per- ceived the fatal efFedls of the ordinance of the 17th September 1764, than they pub- licly expreffed their difapprobation ; and m the year 1765, they petitioned His Majefty, that he would be pleafed to order the Governor to call a Houfe of AJfembly for the province, as being more aufpicious %9 ( ^'i ). I m .,v * I \i ■r M to the real Interefls of die province, and more likely to give the neceflhry attention in the formation of laws, to tlic eafe, the conveni- ency and tranquilHty of tlic people. They waited with patience fevcral years, in hopes of relief from their apphcation ; but fnul- ing their fituation daily becoming more critical, and their diftrefs more jreneral and prcvalen.t, in the year 1770, they re^ petitioned for the fame objeds ; and again, in the year 1773, reiterated their complaints by petitions to hisMnjelly, and both Houfes of Parliament, ■' - ' - ♦/ ■ ■■ ,■ • ■■ ' .;_ ' The new fubjc£ls, from the mildnefs of the admlniftrationof the Civil Government, lince the peace of 1765, having acquired a certain degree of confidence in the juflice and upright intention of the Britifh Go- vernment to all its fiibjeifis ; and convinc- ed, that it could not be the intentions of his Majefhyjthat the guards and fecurity of their property and their rights Hiould be remov- ed ( *7 ) eel or (leflroycd, in the fame year, forward- ed a petition to his Majefly, praying, that he would hegracioufly pleafed to reftore their antient laws, cufloms, and nfages, relat- ing to landed property, inheritance, dower, and marriage fettlements, as being objects of the greatcfl importance to them. From all thefe applications, the old and new fubje£ls had reafon to expe£l their fitu- ation would be taken into ferious confider- ation by thcBritilh Government, more efpe- cially, as they knew that the Governor and Council, the Chief Juftice, and Attorney General of the province, had feverally re- ported on the unfettled, impolitic, and dangerous flate of the Civil Government. * But, to their aftoniflim.ent, while they were anticipating the indulgence of their wlihes, and fondly flattering themfelves with the hopes of receiving a proper *confl:ltutlon on fixed and liberal principles, that would at * See Appendix, No. I, once m tf\ I lis '«.N« lit 'if- ' ■A' 1^ Mr! I ( 28 ) once fccure the mod valuable rights of the new fnbjcds, afFord protcdion and encour- agement to commerce, and eftablifli the whole province in the enjoyment of the rights and privileges of Kritifh fubje£ls ; in the Summer of 1 784, they received infor- mation of an a61: havhig pafled the Britifh Parliament, v^hich made an entire change ill their Civil Go'^ernment, totally overfet, abrogated, and In every fenfe annihilated the whole fyftem of laws, by which they had been governed for ten years : a fyftem, which, though, with regard to that coun- try, certainly defe(5live, only wanted mo- dification. In fine, another code was now eftablifhed, of which the Britifli Parliament could not be fufRciently ac* quainted; and, on that account, it is fo con- cifely and indefinitely exprefled in the ad, viz. fimply *< the laws and cuftoms of Cana- *' day," that it has occafioned a continual feries of difpuies ever Jtnce^ it be^an to ope^ rate. . ■ ' • . ;■-;■• ' l:;: /-'l/::^:: . ,■ ' ' ■ ' ■ Immediately ( =9 ) Immediately after the account of pafl*- ing the Quebec Bill was received the old fubjeds — feeling the injury done theru by a deprivation of the Englifh com- mercial laws, in which they were much more interefled than the new fubje£ls, (as they had all the import and export trade in their own hands) and that their affairs nnd tranfa6lions were to be governed and adjudged by a fy (lem of laws, of which ' they were totally ignorant — dreading the confufion, lofs, and ultimate ruin that muft be the confequence of mercantile bufinefs, tranfli£led under, and amenable to, laws, not in contemplation of the parties — and befides opprefled with the idea, that by this new lyflem, all hopes of an elective houfe of aflTembly, (by which only proper laws could be made for the province) and their privileges as Britifh fubjefts were entirely de- ftroyed — i^i the Autumn of 1 774, they prepar- ed and forwarded to his Majefty, and to both Houfes of Parliament, petitions, flating their Wfiwm III "I pvi, t IV. . n m m ( 30 ) their grievances and fears, and praying that the Quebec Bill might be repealed, or, at leaft, amended : thefe petitions were pre- fented, but the apparent approaching rup- ture, with the ofbcr colonies, obliged Go- vernment to overlook the complaints at that time, and to poftpone giving the rcdrefs prayed for. It has been before obferved, that on the introdudion of the Engllfh laws, the greater part of the judges, principal counfellors and lawyers, that had af lifted in the courts of the province during the French Go- vernment, had retired to France; thofe who remained were not of the mofl illuf- trious talents; fome of thefe had fince paid the debt of nature, and the reft, from long difufe of the ftudy of the French law, were become ineffcdual advocates, and impotent advifers ; nor were the judges appointed to fit in the courts, better informed of the fplrit, or extent, of the • • new ( 3« ) new laws, or of the forms neccffirv to the proper admiiiiftration of them, than the ad- vocates. Conflant irregularities, therefore, arofe in the pradlice of the courts, which pro- duced much unearinefs In the people's mlndr,, from the mlferahle uncertainty m wh'.ch they found their rights and their property entangled ; and, the new legiflative council eflablilhed by the Qiiebec Bill, in the laws they have pafled for the purpofe of a7nendv2g and modifying the general fyftem, they have fometlmes rendered them more complex, and thereby increafed the general difcontent, ' , . In April 1 778, the Merchants and others from the province of Quebec, the.i in Ivondon, prepared and delivered to Lord George Germain, Secretary of State for the Americtin department, a petition, ftating ■ )■'•■. flrongly ^^•^IfPPWW''" ■ 1^ Wlf ■" , \i .r Ir'!; I ( 32 ; ftrongly thofe grievances, praying far a rdTjfti*^/ of the Quebec Bill, and that a Houle of Aflembly might be granted to the province ; and were pleafed to find by his Lordlhip's anfwer to that petition, that the danger of altering the conftitution of the country when the enemy was on the bor- ders of the province, was the only folid obje£lion to its prayer. Though they had confidered it as their duty to inform Go- vernment of the diflrefled fituatlon of the province, they were, however, unwiUing to embarrafs his Majefty's miniflers at that time, when the fafety of the nation render- ed (acred every moment of public delibera- tion ; and, therefore, deferred profecuting this petition any further, in full confidence that Government would attend thereto, and give them the neceffary relief as foon as peace would render the operation fafe and eafy. The long wifhed for period at laft arrived, when the nations fatigued with the deflrudive ( 33 ^ deftru£tlve progrefs of war. fighed for re- pofe ; and a definitive treaty of peace being concluded in the begining of the year 1783, his Majcfly's faithful fubjedls, the inhabi- tants of the province of Quebec, joyfully congratulated themfelves, that their coun- try ftill remained part of theBritifh Empire ; in full expei^ation that Government, re- lieved from the cares and apprehen(ion$ at- tendant on a ftate of wai , would now lend a favourable ^ar to their complaints, and give them the neceflary relief ; the old fubje6ls^ jui the Autumn of the year 1783^ made out, and forwarded petitions to the King, to the Lords, and to the Commons, praying again for the repeal of the Quebec Bill, for an ele vere the Canadian tranfa6lions during that £p-riod, diametrically oppofite to the fpirit of the Englifh laws, and without great dexterity to manage and to quiet the n 1^ See Appendix, No. i C3 minds IK«JIII I 111 I llll^ ( 38 ) minds of the people, the moll complicated miftakes, dlftrefs and confufion muft have been brought to hght. This fyftem, 'which certainly was very defective in not paying attention to the na- ture of the feudal tenure of the lands, was entirely done c ' . and another new fyf- tem perfectly difFei\.nt, by a few words in the bill of 1774, introduced. This fecond new fyftem, called the Cufiom of Canada^ was in itfelf from iimilar caufes, no lefs defedive. The a£l neither defined nor defcribed them ; few members of the Britifli fenate could be fuppofed acquainted with them, lid^r to have the fmalleft idea f^i the probable efFeds of their operation on the affairs of the Province ; yet, notwithftanding a very ftrong oppofition, it was hurried through thehoufe fo quick, that the accounts of the projca of the Bill, and its being pqffed, arriv- ed at Quebec, at one and the fame time. This ( 39 ) * This Bill, hov;ever, pleafed the Canadi- ans, at the firft blufh of it ; it met, indeed, their ftrongeft and deepeft prejudices, as well religious as political ; it carried away their hearts by a kind of holy fafcination ; and, in regard to thofe favourite points which were moft dear to them, the tenure of lands, the manner of inheritance and of dower, united to that firft confideration the fecure eftablifhment of the Roman Catholic Faith, all their prepofleflions, their paflions and their principles, appeared at once to be confulted. If, we add to this, their being unfettered from certain legal reftraints, with the grant of other indulgencies, for which, as a conquered people, they were almofl: afraid to hope ; this new fyftem of legiflation operated with more than magic force, and in the outfet was at once a triumph and a charm, " -' * Uil C4 The \t-t -~\-^^fw^m'^m^W'S^f^ N'i'L'l"-"'t',ipw*tV" MV" ^»SVJ".»-' ill i fe.i m ( 40 ) The cuftom of Canada, as introduced by that bill, is underftood to comprehend the cuftom of Paris, fuch of the general edicts of the Kings of France as were regiftered in the books of the fuperior council at Quebec, and the adis or ordinances of the Intendants of the Province ; but thefe were fo imper- fectly known at the time the bill paffed, and from the contrariety of the judgments of the courts, the continual difputes between the lawyers and the judges, concerning dif- ferent parts of thefe refpedl* laws, * that it is evident they are not yet thoroughly underftood by any perfon in the Province ; although it is well known that one of the moft effential things to be done by a legifla- tive power, is to introduce good and wholc- fome laws, wherein particular care ought to be taken that they be delivered in fuch a plain, and felf-cvident manner, that they J'-r'i Appendix, No. 2. ■i* may ( 4r ) may be underftood by every individual, un* learned, as well as learned. A confufed bo- dy of laws, is by all confefTed to be attended with the very worft confequences ; and muft neceffarily ever produce inconfiftent judgments in courts of juftice, where all ought to be connexion, harmony and con- iiftence. n - The cuflom of Paris is almofl folely ap* plied to the regulation of landed property, inheritance and dower. The French com- mercial laws known by the name of the Code Marchandy have in numberlefs inftances been refufed by the judges of the courts, to be of force in the province ; from which has fprung a complication of ferious events, ruinous to the trading part of the province, and to thofe Britiih merchants who have had connexions there. If we mafs toge- ther thefe different contrarieties of opinion, and of decifion, one law claihing againft another, > < ( 4* ) an'^fh(.»* the aggregate will be as a heap v)f con'^i on, a fyftem of diforder and mlf- rule, from which nothing but miftake, dif- quiet, and general anarchy has been, or can be produced. f 'i^i The great number of applications that have been made to Government from the in- habitants, praying for fettled laws, and ^ permanent conftitution, would certainly Jiave produced the defired effect, if Govern- ment had given the neceflary attention to them ; they are, however, convincing proofs that the people have from time to time defcribed the inconveniencies and dif- trelfles as they arofc ; and that they de- fcribed only what they felt* In an age af : , , , political -■■,*•/, See Appendix, No. 3. ^ Set the Minutes of the Inveftigation, ordered by hU Krcellency Lord Dorchefter, laft fummer, into the pad: ad- miniftration of juftice, when publifhed, will fliew fuch a fcenc as no Province of the Britiih empire ever yet exhibited. ( 43 ) political clamour the fubjeds of QuebeCi amldfl their countlefs vexations, have cer- tainly expreflbd their fenfe of the condition to which they were reduced, in more decent terms than might be expe£led, from a peo- ple who have been fo repeatedly embarrafled, and who have fuftained fo much anxiety, and lofs in confequence ; but more particu- larly, as being members of a Britifh Pro- vince, who, inflead of enjoying the rights to which they were thereby entitled, have on the contrary languifhed under the worfl fpecies of defpotifm, with which not only free men but flaves can be afflidled. They were but too confcious of this ; they felt the chain about their necks ; the hand of in- duftry was bound ; and yet, corredly fpeak- ing, there was no law, no authority, either to enchain or emancipate. To apply an ex- preffion of great force and beauty, ufed to illuflrate another Ipecies of captivity — *' They felt the iron enter their fouls"— and yet loyal amidft their fufFerings ; their appeals ( 44 ) I 1 appeals to the Government which opprefTcd them, were, and ftlll continue to be, tempe- rate, though ftrong; and placable, though potent. Surely a due regard to the interefls of that Province would aroufe the atten- fion of Government to its prefent critical (ituation, and convince them of the impro- priety, impolicy, and cruelty of introdu- cing or fupporting the whole of either the Englifli or French laws, in a country inha- bited by two claffes of people, educated and brought up under different legal fyftems, fo that one or other of them muft feel inconve- nience and diftrefs if either fyflem is entire- ly eftablifhed. A moment's confideration, indeed, mufl have Ihewn the necefHty of forming a conftltution of a mixed kind, fo as to accommodate both parties, by felcdl- ing fuch parts of either fyftem* as would fuit the iituation of the Province, which be- ing Britifh, its conftitution (hould of courfe ill. * See Appendix, No* I* } ( 45 ) be that ofthe parent ftate, and the lawsj by which it is governed Britifh alfo ; with a Ikilful engrafting of fuch parts of the Ca- nadian laws as had reference to thofe favour- ite and neceflary points, where policy might fafely indulge prejudices, viz, landed pro- perty, inheritance, dower, and family af- fairs. Thus might the line have been drawn with wifdom and humanity, and it would have been, as indeed it is, the only way by which the laws of that Province can produce either fecial happinefs or political profperity ; or, to fpeak yet ftronger, but confiftently with truti.^ the ^nly way by which Canada can refleft honour upon the Government of the Britifh Empire, or pro- duce any folid benefit. But becaufe the French Government made no legal provi- sion for trade and commerce in that country, (as being no part of their political fyftem ii; fettling it) and therefore refufed to them the commercial laws known by the name of the Co^if Marchand adminiftered in France f -i^ •« n ( 4<5 ) by the Juge et Confuls des Marchands^ and gave them only the cuftom of Paris, — can that be a fufficient reafon why, as a Bii- tifh Province, they fhould have no lav^rs to regulate thefe affairs ? Is there not eve- ry reafon to fuppofe that Great Britain would grant thofe laws, thofe fecurities fo neceffary to trade and commerce, when the conflant maxims, (the evident policy, ihe has always adhered to in colonization j are, for the purpofes of trade and the extenfion of her commerce ? Surely no ! is there not ra- ther every reafon that equity, policy, hu- manity, and good order can urge, to warrant the inhabitants of the Britifli Province of Quebec, in their appeals to the legiflature of the Britlfh empire, not only for a redrefs of the above flated grievances, but for tvtry en^ couragement that an adopted child has a right to expe£l from a wife and worthy pa- rent. In this ftate of political alliance do the two countries ftand. The duty of the one has been long tried and proved, and it; ( 47 ) It lias been found not undeferving of thd prote£lion or afFc(flion of the Parent flate : nay more, it juftifics its claim to that affec- tion and to that affinity, not only by the right of adoption and of allegiance, but by the yet more powerful motive of the in* tereft of Great Britain. The very ftaplc commodities of the trade and commerce of Great Britain, moft boafted, and moft wor- thy of boaft, are combined with their claims ; and thefe would flourifh f om the root to the remoteft branches under the fof- tering fun-fhine of the Englifli law and a proper conftitution ; for the want of which the whole Province, from Queb-^c to the laft fubordinate acre of Canadian land, is diftreffed, and the inhabitants may truly fay, in the appofite language of the motto, " JhA'^^^ ^^ ^^^^ ^^ "^^^^ ^^ hlind amongfl us,*" It has been vigouroufly faid, that a co- lony is to the mother country as a member to ( 48 ) ii 'I ill! to the body, deriving its action and it3 ftrength from the general principle of v^i- tality, receiving fronri the body, and com- municating to it, all the benefits and evils of health and difeafe, liable in dangerous maladies to fharp applications, of which the body, however, muft partake of ihe pain. ( i ) ii "s'nrr The mother-country has always confi- dered the colonies thus connedled as parts of itfelf; th. profperity or unhappinefs of dther, is the profperity or unhappinefs of both ; not perhaps in the fame degree, for the body may fubfift, though lefs commo- dioufly, though a limb lofe its ftrength. ,. Our colonies, therefore, however dif- tant, have hitherto beeu treated as ccaftitu- ent parts of the Britifh empire. The inha- bitants, incorporated by Englifh charters, are entitled to all the rights of Englifhmen. They are governed by Englifh laws, en- titled to Englifh dignities, and regulated :5 1 by ^^^..-flpl' ( 49 ) by EiigHih counfels^ and prote firft appearances of public diflrefs are aJfeB- ing, the lafl are infuppor table. With refped to the province of Quebec, after this furvcy of its government and grievances, it may be fairly afked, " What ** could induce Great Britain to keep it fo *' long a flave to fuch miferably defedlive *' fyftems ?'* Every other dependence af Great Britain in America, and he Wejft In- dies fully enjoy thofe privileges which are denied to this. Even the fmall ifland of St. John, that juft lifts itfelf to political obfer- vation,-in the gulph of St. Laurence, which does not contain more inhabitants- than there are in the city of Quebec onljy has a proper conftitution, and a Houfe of Aflembly. New Brunfwick, on which the dignity of a pro- vince has been conferred, fincc the peace, though comparatively unimpoi tant, is like- wife in pofleflion of thofe enjoyments, and all the comforts and advantages derivable fropia Houfe of Aflembly. It would undoubtedly be ( S3 ) be curious to hear tiie true politica' reafon afligned, why the provhice of Quebec fhould be thus fingularly marked, not only by a re- fufal of thefe enjoyments, and their fource, but for the feat of the word kind of arbitra- ry government. The reafon can be neither in their want of private virtue, public loy- alty, commercial fpirit, nor intelledlual vi- gour ; for it may be confidently aflferted, that that degraded land, unpatronized, chil- led and oppreffed as it is, can produce a fet of men as capable of legiflating, and with all the qualifications that conftitute good members of human fociety, as any Province ' pr polony fubje£l to the empire — men, whofe ' integrity of heart, and wifdom of mind, gender then^ fully equal to all the powers intruded \o the legiflature of a free country. But all thefe capacities are fhut up for want of opportunity to exert themfelves, Defpotifm, in whatever form it tippears, flrikes at the root of every excellence. Like ' '^ . P 3 the ill ( 54 ) "^ iw'f^ the King of Terrors, it puts every thing In fubje(Sion under its feet — it tramples upon .ge;iii)s Mid virtue-r—and ftabs trade and com- mercfe to the very vitals. The want of proper and' 6xed laws, is indeed the want of every thing ; for there is nothing in civil fociety can thrive without them ; in all the annals of th& civilized world, noj: only making laws, but the neceflity of making them accurate ^ has been demonftrated ; fince on their ac- curacy depends the order or the anarchy, the happii^efs or the paifery of fogiety, Thofe of Canada, if laws they iiiay be cal-* led, haye, been only produdive .gtf diftur- bance and qonfufion ; and muft run on to fuch abfolute t^efolation, unlefsiminediatie regulations take place, that it will be difficult to fay, in the pr ogre fs of an accu^ jnulating evil, where its deftru£i:ive influx - r ■ K ■ ence may .terminate, . , , If any rcrfons dftubt that the internal refources of Canada are now great and ex- 5 , {V ten five, i ( 55 ) « » tenfive, it is neceflary to infl:ru. '^ D4 * Appendix> No. 5. there 'i> m ( 56 ) ■'ifti there are no Cuurt-houfes becoming the dignity of a market town in Great Britain ; 'it will require from twelve to fifteen thou- fandpounds to erect thefeneceffary buildings: and under the prefent fyftem, that money mufl: be drained from the inhabitants of Great Britain. The police of the town and th« high- ways, like the towns themfelves, are in a miferable condition.— -In fhort, every •department of the civil government is in ' confufion ; and to fum up the whole in one; Sentence, there is not at prefent, in that ' new BritJJI) province, a fy flem of BritiJIj law. Yet the inhabitants do not even defire 'permifTion to trade to any other coun- try, than thofe permitted by ihs laws of Great Britain ; they only wifh, for their, own comfort, happinefs and fecurity, to be ' allowed by their reprefentatives to make the ' laws neceffary, for tlitxt^oivn particular inter- nal government and regulation. And to have it xxi their power to encourage, and increafe, the produce of the country^ and thereby en- (:reafQ i 57. ) preafc the demand for, and confumption of Brifi/h manufadlures. It is an obfervation of the acute Writer, who has enquired with fq much fuccefs into the nature and caufes of the wealth of nations, that, in every thing except their foreign trade, the liberty ot the Enjrlifh new Britifh fettlers in colonies, or m any conquered countries, to manage their own affairs in their own way, fhould be complete. It fhould^ indeed, in every refpeft be equal to that of their fellow citizens at home, and fliould, be fecured in the fame manner, by an ajfemhly of the reprefentathes of the people. The great application which Lord Dorchefter has given to the affairs of the Province, fuice his arrival in October 1786; the wife meafures which he has adopted and purfued, to gain the neceffary information and intelligence of the adtual fituation of the various departments of the civil government ; and, as it were, to found the pulfe of the public — have enabled hin^ ^0 furnilh his Majefty's mini,fl:ers; with ^ number ' i 1 ( 53 ) number of reports, which, together with tilt; minutes of a public hivefligation into the paft adminiflration of juftice ; muft convince them, that every thing is in the utmofl difordcr, and that palliatives cannot now cure a conftitution labouring with a complication of diforders. The papers which his Majefty's minifters have officially re- .ceiycd from the Province, within thefe laft twelve months, are fo full and compleat, that further procraftination would be in the -high eft degree cruel.— They are now pof- fefl'ed of fuch a folid body of information on .thefe points, that they can be at no lofs to decide on the propriety, the juftice, or the energy of the prayers of thefe petitions, and ; cannot but know, that there ib only one radi- cal r medy fortheprefent diforders, namely, a legijlative houfe ofajfembly,^ How is it poffi- -fele tQ expert indeed that a people fliould feel that <4> A.4t ' k . i t'^ ,* Appendix, No. 5. A 59 ) tfcat ftrontr attachment fo neceflary to tlio fupport or the goverment, and the tran- quility of a diflant province, when tlicy are particularly marked out and opprcfled by a fyftcm of government entirely different . from the reft of the empire. — Human na- ture ever revolts at oppreffion ; and the an- nals of the world, in deep and fanguinarycha- raflers convince us, that a people will ha- '. ?ard fortune, life, and pofterity to procure . relief from prefent opprefTions. — ^The hiftory of the Ifland of Minorca ought to be an a- larming warning to this country, that it is highly impolitic to continue a diftant fet- 4lement or colony under any other form of government than that of the parent ftate; that Ifland belonged to Great liritain, for near feventy years ; Government continued to the inhabitants their ancient laws, and never attempted to change their manners, languages or opinions ; the people therefore, never confidered themfelves as Britifti fub- jefls, they nc\er knew the happinefs or ad- vantages ( 6o ) yantnges of that dlftin£;uiflicd title, and tlicrcf fore, when the Ifland was invaded in 1756, 'and 1780, fcarce a handful of men flood forth to fupport the Brlti^ government, ^s they had never perceived any material ad- vantages they had ever derived therefrom ; they were flill Spaniards in their language 5ind manners, and, of courfe, in their hearts ; and felt no difagrteable imprellions, no dif- Joyalty, no breach of duty (for we neglcde4 to cultivate their affe£lions) in returning ^gain to their Spanifh mafter^j -- ■ • ^ • ■, I ^r -r- • ' ••■»rfrr"»^ ;. i' , , " / • -i »■•• r • •, V ' Taking, therefore, a recapitulatory view of the whole, it appears, that the inhabitants of the province of Quebec have flrongly, re-; peatedly, and loudly, but iiot indecently, or clamoroufly, complained qf all that can har- rafs a generous, ?iealqus, and loyal people, of a total deprivation of their rights as fubjed^ ' of a free nation and generous King, of vex- atious oppreflions without number, offuch ^rbici'ary undefined fyflems of laws, as wrings ( «' ) wrings from them tlie bittcrnefs of expoflu* Jatioii agaiaft defpotic meafures, in the view of which, they live like flaves in a land of freedom ; all legiflatlon being intruded to a Council, compofed of men appointed by the the crown, throngh the rccomiijjcndation of the governors. A Council fo conftituted muft ever be fubjedl to fludluation, as the uncertain galeof interefts or prejudice veers about ; being rcmoveable at pleafure, and confequently in fome meafure dependent. But, as if the aggregate of all thcfc evils had ' not- enough debafed the minds, to fuch an ex- ttiii has defpotifm been carried, that 'till laft winter it has been held as an invariable and abfolutc ftatc maxim, by the members ^ of the above Council, that nothing was to be divulged ; nay, that each member was bound by an oath^ not to difclofe any cir- cumftance that came before the legiflature. So that :h^ people never knew what laws^ werepropofcd or debated in the council, un- til they were enabled ; of courle they had no opportunity ♦I I ^"^^v y^V^^T^TIT- ( 6z, ) l^pportiinity of oppofing them in atiy flage, however unjuft or oppreltive, or of giving that information, fo neceflary, to the formation of good laws, and to com- mand the "-efptcc and veneration of the peo- ple for whom they are formed ; and even to this day the door of the council chamber is, when they are met in legiflaturc, ftill fhut to the public. Is this the proper meafure for a free country to take againfl its faithful, appendages ? Is this a maxim, fit to be efta- bllfhed by Great Britain againfl: one of the bed:, and mofl loyal of its provinces ? If this isnotperfecuting by the /word, it is by the chain. If this is not a fy ftem of corruption, it is of inevitable confuiion, and muft lead to mifcry and defpair. If by thefe meafure s, the good of one fubje6l is advanced, that of a hundred is defolatcd ; and it is a facred max* im in politics — Jura non in fingulas perfonas^ Jed generaliter confthuuniur : Laws are made, not for individuals, but for the whole bo* dy politic. The -1",^ ^^a.^^uffi|ivt^^V'V!*? ( 63 ) The public felt the Indignity thereby 'af- fe.red, not only to their rights, but their rea- fon ; it made them more bitterly lament the lofs of that glorious privilege of Britifh Iqbjeds, of having their laws approved and enadled hy their reprefentatives : wounded to the heart, as Britons, they fpurned at the defpotifm, and re-kindled the fpirit which animated their petitions to govern- ment for relief — they now more forely felt the neceflity of an eledive houfe of af- fembly, for which they prayed, firfl: in the year 1765, then 1770 and 1773 ; but even though the relief then prayed for, might in t\\cfrjlyt2ixs be inexpedient, could they have fuppofed it poffible, that the kgiflature of Great Britain would, on fo flight a founda- tion as the petition of fixty or feventy indi- viduals of the new fubjedls, the very mock- ery of a general complaint, impofeonthem 3' fyftem of laws which nobody underftood ? Again, therefore, in November 1774, they petitioned for redrefs, and a repeal of the Quebec I i ( 64 ) Quebec bill, the fame yisar that it paflecl-^ ihcj petitioned to the fame piirpofe in 1 778^ and again in 1783 j bitt fearful that the laft petition might not procure them the privi* leges thejfo ardehtly implored, they in 1 784, made out and figned a rriore general petition ; in which they were jbined by the moil fub- flantial and moft refpe6lable among the new fubjeds ; for they had now learned, alas ! by fatal experience, the evils attendant on the adminiflration of laws riot v^ell iinderftood by men who were ignorant of the neceflary snd proper forms, as well as of the general fpirit of the fyflem ; their fair, but faint vifion was now over, and the meteor lb wor- lhipped,v/as fucceeded by impenetrable dark- nefs. In regard to a free ele which all parties on this fide the water, lofing the dif- tinftions of miniflry and oppofition, fhall liave but one opinion ; and that the whole Parliament fhall unite in one vote — a vote for the repeal of the Quebec A(5l. ... ■ ■ '■ . f s ■ . A Indeed, it cannot be fuppofed, that while the Minjfler is entering with becoming warmth, and the vigour of a patriot, into the appeals of the unhappy tribes of Africa, with ( 7' ? With T. view to their emancipation, or re- lief from their fcourges and their chains, it is not to be fuppofed, while one ear is open to mercy, that the other fhould be deaf to jufti^e ; the partiality which this would mark is obvious. The Canadians meet the Premier of Englaivd on the fubjedV of human kindnefs and human equality, with a fpirit that emulates his own, and join, with their whole foul, in tvtrj meafure that tends to vindicate the rights of nature, and of man. Nay, we will venture to afl^rt with confi- dence, fpufided on convi£lion, that thou- fands among the opprefled fubjeds of Que- bec wi(h to fee the thrones of humanity and liberty erefled throughout the globe, as well as in their own province ; yet the llavery which conies home to their own breafts — the flavery which has long invaded their own land — and, like a la wlefs plunderer, ravaged its fair produdtiqns, checked its ge- pius, and ftruck terror through all its con- nexion;— the flavery which has rlfen out of • E4 that M 1^,1 «■, ^nr^^p^n^ii M 1 1 f <,n^\t« Im ( 7» ) that gigantic and fllll growing evil — t-hp Quebec A61, claims equal pity, and demands equal rcdrcfs* 7'he caufe. of Canada theu is the cai'fe of liberty — of that virtuous li- berty which encourages loyalty and animates commerce, — w'hich infpires public confi- dence, expands public credit, fccures to every man the fruits of his induftry, and kindles the elc(5lric flame qf putriotifm throii^hoi;t focicty. This, and -this only, it is whic^ puts every hand in motion, anu .akcs ev^ .individual, at the time that he, promo j .his own enjoyments, contribute to thp wel- fare and enjoyment of the whole ; and this, and this only, is the liberty for which tl:^e Britifh fubjeds of Quebec now go fqrth to petition the Britifli Parliament — a liberty which receives flrength and vigour by whole- fome laws, and by a punctual obfervance gf them, not by contemning or treading them under foot — a liberty, of which equity and regularity are the parents; without which, ■ nqther empires nor provinces can maintain . -H their :x < 73 ) their glory; without which neither minlflers, monarch s, nor people, cai) be profp .rous or ! 1. ir - , This then is the exa£l moment, the golr den opportunity, the eventful crifis, whea the public expectation is to be gratified, and the public calamity relieved from miferies of fuch complicated diforders; — for to apply a|i qbfervation made ufe of in the exigence of the affairs of Great Britain in i j'56, whatever may be urged by minifters concerning the neceflity of confidence in governors, and the prefumption of prying w^ith prophane eyes ijito the recefles of policy ; it is evident that this reverence can be claimed only by coun- fels YET UNEXECUTED, and projeds sus- pended IN deliberation. But when a feries of defigns and experiments (as in the cafe of the tranfadions of the province of Quebec) have ended in mifcmriage ; when every eye and every ear is witnefs to general difcontenty it is then the only time to difen- tangle h ( 74 ) tangle confufion, to illuurate obfcurlty, to repeal the turougy and to ejlabltjji the right — it is then the precife moment to (hew by what caufcs every event was produce^, and in what dreadful effects, if i)q( Immediately « done away, it is likely to terminate. In fhort, this is the cxad inflant to define with exadlnefs for univerfal information, what rumour Jiudjlles in general cxcla-. mation, or perplexes by undigefted nar- ratives, to ihew whence calamity ha3 beei| derived, and whence it may be expec- ted ; and honeftly to lay beforp the people, ' the mmi/irjiy znd the monarchy what en qui- |-y has gathered of the paft, and conjecture Van efliniate of the future. '- r t ^ » h r^Ht^'i] '':\'^Ji.-^ii::i\"A APPEN i I 1 ) • •* "^ • • s « • } i 1 . S i ♦ • > I . ' k .r ■ — ' .r: *%^. ■ ■ ' Jv 3 appendix; r,-f - ■•i •*"••• ( No. I. ) Ilxiradls from the Report of the Governor antt Council of the Province of ^ehec to the King, made in 1769. *f TJ Y thefe two ordinances (meaning that of Jl3 September 17, and November 6, 1764) which have been tranfmitted to your Majefty, and never difallowcd ; and are, therefore fup- pofed tq have received the fanCHon of your Ma- jefty 's approbarion ; the Canadim laws and cuf- toms have been generally fuppofed to be abolifh- ed, and the Englifl^ laws and cuftoms to have been introduced in their (lead, and the judges of your Majefty^s courts of judicature in this pro- Yince hive conceived themfeives to be, in con- fcieneci "L^ i.-i i^« ^ --TC^ H/ " |"fli^PWIi-l^^ • ( 76 ) fcience, bound to adminifter iudice according to the laws of England," -"- V. *' Your Majefly, by your commiflion to Ge- neral Murray, dated Noz'crnberii, in the fourth year of your Majefty's reign, to be Governor in Chief of this province) was pleafcd to delegate unto him a certain limited legiflatiye authority, to be exercifed by him, by and with the advice and confent of your Majefty's council of the province, and of the general ajjemhly of ihc frcc-^ holders and planters in the fame, therein dircdcd by your Majefly to be fumrTioned, to wit, an authority to make, confiitute, and ordain laws, ;.llatutes, and ordinances, for the public peace, welfare, and good governi«ent of the faid pro- vince, not repugnant, but as near as may be, agreeable to the laws of England, put your Ma- jelly did not, in any pare of the faid commifiion, delegate either this, or any other legillative power to your faid governor, to ba exercifed by him, with the advice and confent of the council only, Tjuiihoul the conairrenee of an ajfembly — nov) no ajfemhly of ike freeholders and -planters has hiiherto been fwnmoned^ confequently all the ordinances . that have hitherto been made, fo far as they have a legillative tendency, have been made without any warrant or authority from your Majefly's • commifiion to your governor, and perhaps may, •:.-.. upon ( 77 ) npon that account, be juftly concluded' t bcJ uttciiy null and void." • 'O'... " It is true, indeed, that your Majefty did give a private inftrudtion to your late governor, purporting to communicate to him a certain de- gree of Icgiflative authority, to be cxercifed by him, by and with the confent and advice of tho council only, without an alTcmbl^-, to wir, to make fuch rules and regulations as ihall appeai: necefTary for the peace, order and good govern- ment of the faid province, taking care that no- thing be pafTed or done that Ihall any ways tend to affect the life 3 limby or liberty of thefubjefl, or to the impoiing any taxes or duties,'* " If a private inftrutflion fliould be deemed to be a legal method of communicating a legiflative authority, yet the power conveyed to the gover- nor and C(Damcil of this province by the inftrud:irf on above* mentioned, is too confined aurhorily to zvarrant the general introduction of the En^U/b laws, particularly the criminal lazvs, which all affc^ either {ife^ limb, or liberty,'^ • ; • " It remains that we confideV the iirft and grcateft inconvenience above mentioned, which arifes/r^;/; the uncertainty of the laws in the prcfcnt condition of the province; and that we fet before . -^ your H ( 78 ) your Majefiy ttie aiiferent methods by which, as wc conceive, this inconvenience may be removed^ and the laws of the province may be fettled for the future upon a folid and permanent founda* tion. ■ . '1 i'5'' Ik', 1? ■ m " Four methods of doing this have occurred to us : ••■ ' • ' ■*•■' «« The Fir ft:, Is to cdmpofe a code of laws lof this province, that Ihall contain all the Inws by which it is to be go-* verned for the time to come^ tcf the entire excluiion or abolition of evei;y part, both of the laws of England and the Fiench laws, that Ihall not be fet down in the code itfclf. - «* The Second , Is to revive or eftabliih the whole French law at once, to the exclu- fion of all the Eng:'(h laws, ex** cepting thofe few which have been introduced by a€t of Parliament^ above mentioned, and a, few more of the lavvs of England which are ittoft eminently beneficial and fa- vourable to the liberty of the fub* jc • ■ ( • .1 .'-, iral laws of the province, with an exception <^M«f,;ii!i".iiw.4y.i|!!il!lii Jiu I 1 1 i-:ii}: f (. 8p ): *]'./:u .7..I.fpI:M?xcepti6n of fhofe jDavticiilar filb- I, :;?.:' 'rj; f;o jcds or heads of latv, concerning which; your Maj to the exc^ufion and abolitiori of all other cufloms that fliould not be contained' in the faid ordi- nances or proclamation .1 .) J k .;# .V » - :. " The firfl of the/e methods of fettling the laws of this province, namely, that of making a code of all the laws by which it Ihall be govern- ed for the future, to the exclufionof all the laws both of England and France that are not con- tained in it, would certainly be the moft trou- blcfome in the execution, to your Majefty's mi- nifters and fervants^ both in England and in this province*" ► r , • • • r -, t ' T •- ; " /\. » - ■•:'■. . f '\ ■ , ' i r' r'-i ,<^ \ : \ I r". r - ,<.rrii 'I I -I • 1 1 '> >> • " The fecond method of fettling the laws of this province, by reviving at once the whole French law, and introducing by an ordinance i.'.-:>^: ' only. ( Si ) ©nly," a few of the laws of England that are moft eminently beneficial to the fubjedt, is evidently the ihortelt and cafieft method that can be taken for this purpofe, but It would be attended with inconvcnicncies; )> " The third method of fettling the laws of this province, by making the laws of England the general bafis of them, and permitting the Ca- nadian cuftoms to continue, with refpcdl only to fome particular excepted fubjetts, and thereby a general reference to the law books, in which thefe cuftoms are contained, without attempting to enumerate and cxpreis them anew, would alfobc a very fhort and eafy one to your Majcfty's mi- nifters and fcrvants both in England and in this tountrv, and will be very agreeable and fatisfac- tory to your Majcfty's Britifli fubjeif^"" *n this province." '' The fourth method of fettling the laws of this province, by making the law of England be- come the general law of it, with an exception of fome particular fubjefts, or heads of law, and concerning thpfe fubje^fts to revive the ancient cuftoms of thx^ country by an ordinance or pro- clamation, that ihould particularly fct them forth, and defcrilie them in all the extent in Which your Majcfty fhould think fit to let them F continue. I' ^^;ii,. ( 81 ) continue, without any reference to the law booki in which they were formerly contained, would he preferable to the third method in this refpe^, that hy enumerating and defcribing, or reciting partictdarly the feveral French laws and cuftoms that were intended to be continued, it would cut off all con- ncdtion, in the minds of the Canadians, with the French laws, lawyers, and judges, and the go- vernment under which they were maintained,** Extra^s ( 83 ) 'ExtraEls from the Report of the Honourable WllUam Hey, chief Jujlice of the Province to his Majejly^ dated 1769 *' That though directed (meaning the court of common pleas) in their decilions to have re- gard to the laws of England, they were likewife allowed to admit the laws and cuftoms of Cana- da, to be in force between Canadians only, when the caufe of adtion arofc before September 1764. Under this claufe, which gives them power to determine according to equity, we believe they have admitted, and in general do admit, the laws of Canada to take place even in cafes where the caufc of aftion has arifen fince that period. But how vague and uncertain their proceedings, as a court of equity muft be, with- out one ertablifhed ma .im of equity in the court ! how ill calculated to preferve (what it certainly was not intended to preferve) an an- cient fyftem of laws, which were to be admitted or rejefted upon notions of equity adopted by Gentlemen, who merit however no other impu- tation, than the want of education in, or ac- quaintance with courts of law or equity ; and F 2 the 4 " C 84 ) the confufion in which fuch decifions mudnccef-* furily be involved, are matters in which wc think wc need not enlarge." S' V, if " But he humbly conceives that the frame and Ihape of the conflitution imparted to this Province in a variety of inflruments pafTed under the great Seal of Great Britain, more particular- ly that claufe in your Majcfty*s commiffion, to your Governor, which direfls him to call a Hoiifc of uiJlfcmhly, fo foon as the circumftances andiitua- tion of the province will admit, do moft evi- dently imply, that, however the authorities con- veyed by thofe inftruments, may have been made to exceed their own jufl: bounds, your Majcfty's intentions in varying either the fubftance of the laws thcmfelves, or the modes of adminiftering them, it yet was always yoin* Majefty's pleafurc, — aiidhe ■prejumes it ahvays ivill be — that the pro- vince JJjould ajfime the form and figure of a ByitiUj Colony.^* " He apprehends the re-eftabliihment of all their laws will induce a ncceflity of employing their own lawyers, in the adminiftration ot them ; your Majefty's Judges may, no doubt, with a little attention and induftry, make thcm- felves mailers of the French law on thefc points, which it is propofed to preferve to the Canadi- ans ; but it would xt<\\\\xe great abilities, uncommon indufiryy length of time ^ and a perfect acquaintance < with re, all us, .di- mo)! lice ith ( 85 ) with the French language, to attain fuch know- ledge of the Canadian laws, as a complcat fyflem of jnrifpnidence, that would enable them to exe- cute their ofHcc, wiih any degree of fulFiciency." ** Yet, however he may be induced for the TfCafons already mentioned, to reject the Canadi- an fyftem, as the general laws of the province; he is yet perfctftly perfuaded, that it ought to make a material part of whatever fyllem may hereafter be introduced; — the numbers of your Majefty's new fubjetis, their property and their influence; indeed, every confideration of juflicc, policy, or humanity, certainly demand it : — but he conceives they will have no right to complain, nor does he believe one reafonable Canadian will complain, that the Englilh law Ihould be confi- dered as the leading fyttem in an Englilh govern- ment, provided thofc points which moft fenfibly affed them, fuch as the defcent, alienation and incumbrance of their real property, their mode of devifing, aligning, and conveying their per- fonals, their marriage contrads, and all thofe difpofitions wkich tend to regulate their domeftic ccconomy, and keep up family connexions, are preferved entire, and the laws pcrnccrning them wel} understood/* . , . F3...- ^^ ( 8<5 ) ( No. II. ) To the Honourable the Legijlative Council of the Province of Sluebec. IV r THE merchants and other figners of a lato petition to your honors, and fpoke to on Satur- day the 14th of y^/)n7 inftant, humbly beg leave to lay on your table the following heads of the different fubjedts offered by their council in fup- port of their faid petition, for the confideration of your honors, and which they humbly con- ceive, if adopted and eftablifhed, would facilitate the commerce and population of this province, and be the means of fecuring the rights and pro- perties of individuals, his Majefly's old a.id new fubjedts, and reftore peace, harmony, and hap* pinefs to the colony, by a wife, neceflary, and juft execution of his Majefly's paternal care and affedion for all his fubjedts, expreffed in the 1 2th article ^f his royal inftrudions to his Ex- cellency the Right Honourable Lord Darchefter, Governor of the faid Colony, That ( 8; ) Biltifli I That: the circulating property depend- Property. J jj^g qj^ ^]^^. merchants of Montreal, from cftimatcs taken laft January \ in the Upper Country^ or Indian trade above Cataraqui^ is I' ^. 300,000 fterling — 333^333 The property In the tower diftriA ot" Montreal, is taken at ai 8,000 J. 6 8 o o Piftrid of Montreal 551,333 6 8 Goods and effeds in pofleffion of, and debts owing to the body of merchants, and the amount of Britilh circulating property depenu.ng on the faid mer- chants in the diftridt of Quebec 436,000 Q The BritiJh property cir< 'lating in the filheries on the Labra- dore Coaft., and the fifheries ot Gafpec and Chaleurs Bay, is very great : but as murh of it js never landed in the province, but if landed, would be fubjedt to the laws of Canada, the amount take 51 iiat is landed Carried over 987,333 6 8 F 4 and .^. Aiir, IMAGE EVALUATION TEST TARGET (MT-3) ^ // 1.0 1.1 1.25 Uii|2B ■50 •^^ |Z5 U 11.6 /, f ^>. '/ ^-1 r Photographic Sciences Corporalion v. WEST MAIN ^' REST WSJteTSR.N.Y. 14580 (716) 672-4503 ^ ^J^^ ^4^%^ 4" u. & ( 8S y ii "' ■ Brought forward 987,333 6 § ^ and governed by thofe laws, in , debts and credits given, is ef- i f, • ji . ■. :> ' timated at 30,000 o o Circulating property remaining •• ; n .;.• ..,- 1 •' in Canada, in commerce and ■ '■ ,, - governed by the laws of Ca- ' "ada^ — • — 1,017,333 6 § The eftimate of lands and houfcs in Montreal owned by Britiili fubjedls, and principally mer- . chants for carrying on their r ; , trade, is ^.90,000. .,', '■■ . Like eftimate fori - o /- ■ ' ■ ^ t ^-/- I i8,6qo -. Quebec ■ j"^ ^ ' ^- 228,609 o p The eflimates of Seignorial ef- tates, owned and poflefled , .,♦ by Britifli fubjedts in Canada, . is not yet compleated, but • * ■will amount to i^p wards of 140,000 o o I: ^.668,37,? J9 6 /■? '■' .'^' ; 1,386,023 6 ^ Amount of imports " *' • - in 1786, ;f-325,ii6 o o Amountof exports •' ^' ■ -^ ^ • •" •^:> ^r . in 1786, 343,262 19 6 - - The ( 89 ) ' The above fumof ^. 1,017,333 6s, Zd, or the greateft part, muR ever remain as a Britilh ca- pital in Canada, for carrying on the trade, and fubjeft to be fecured to the Biitifh merchant, or loft, as the internal legiflarion and jurifprudence of the country is favourable to commerce or othervvife. Moft of the above edimates have been made upon the molt accurate evidence the nature of things would admit. That of the circulating property in the lower part of the diftrift of Mon- treal and in the fifheries, is taken upon genera} principles, as there was not time to receive the information before the hearing. Particular efti- mates, however, are preparing to be laid before Lord Dorchefter : and the petitioners are con- vinced that all the eftimatcs are upon too low a fcale. Such evidence as the nature of the fubjedt will admit of, is ready to be offered in fupport of the truth of the eftimates> and to Ihew that the Bri- tifh merchants hold fuch a paoperry, and that it ought to have weight in the fcale of policy and jultice, with the legillature, to afford ample means of fecurity to the petitioners, by the laws, which alone in reafon and juftice, can, or ought to ¥■ w if J % ( 90 ) to be applied for thatpurpofe, thofe recommend- ed by his Majefty's gracious inilruc^ions. That there are at prefent in this province about 15000 of his Majefty's ancient fubjedls, great part of vvhich number are the loyalifts lately fet- tled under his Majefty's paternal proted:ion, and the humane and foftcring care of the nation. That thofe fubje61:s are wholly igfiorant of the French laws propofed to be eftablilhed for the go* v-ernmeiit of the civil rights. That the French laws, as faid to be eftablilhed, and as propofed to be continued, are wholly ina- deqtuUe to fe cure the peace and profperity of the Kings natural boyii fdje^/s rcfiding in the province y or wifely and juftly to protect and govern commer-» cial rights, or to hold out as the means (but would prove a powerful bar) to population. That under thefe laws the civil rights are un- knoxvMf and property is infecure. That infinite injury has arifen from holding the mercantile intereft and rights to be governed and adminiftercd ia the King's courts by fuch laws. - That mmmmm ( 91 ; That the merchants in London, trading to this province, had complained to the King's minif- ters of thefe evils, and of the ruinons efFeds that adually had arifen, and the confequences that mutt arife from fuch a fyftem or code of laws, and had prayed for relief. That the King's new fubje<5ts, the Canadians, in the year 1773, when they petitioned his Ma^ jefty to obtain a fecurity in their property and pofleflions, by the known rules of their ancient laws, at the fame moment implored his Majefty equally to extend his protecting hand aiid care to his natural born (ancient) fubjeds. That the conilitutional principle of coloniza- tion in every modern empire^ is the extenfion, to fuch colony^ of the national lazvs for lecuring the perfonal rights of the natural born fubje ; " That there was not that'cfTential uniformity ir» the judgments, and regularity in the proceed- ings of thefaid courts, abfolutely requilite to fe- ^ure the rights of the fubjcd, ■M|*s ^V. That mBsmoKm C 93 ) That thofc evils were manifefl and ruinous to the King's fubjcdts. That they rcfultecl from the caufes, which the propofed bill would not only Continue, but infinitely increafe. That from the want of certainty In the rules of right, and of known laws fuited to the inte- reft of the nation and its commerce in this pro- vince, infinite diftrefs had fallen on the King's fubjeds, and had occafioned great difturbancc in their minds. /^^e^ecj JpnllBf 1787. 7. Monk IJaac Ogden Signed, Jas. Johnjlon Robt. Lefter Maihezv Lymhurner ■ John Blackzvood "John Toung Michael Cornud John Piirfs } Counfel for the Petitioners* } John Antrohus Robt. Morrogh William Goodall Conjlant Freeman John Painter. In behalf of our/elves and the other Petitioners. Extra^^ ( 94 ) ( No. III. ) Extra^s from the Report of the Committee of Merchants of ^ebec^ to the Committee of Council dated January 1788. Observation on Act 10. it" f " THE King's proclamation of Oftober 1763, promifed the future fettlcrs in this province, the benefit of the laws of England ; thefc laws were ac- cordingly introduced by an ordinance of the Go- vernor and Council in September 1764, but unfor- tunately abrogated in all civil caufes, by the adt of the 14 Geo. 3. cap. 'S3; which flatute inftead of remedying temporary abujesy introduced great evils, particularly to the trading part of the nation. The merchants in England, and thofe of this province, hay c/ev ere fy felt the ejfecls and difpofition of limes y to "iibich they zvere utter f rangers, the principles whereof, are anti-commercial alto- gether. — ** *' The cuftom of Canada is a fyfiem fo imperfect and defective, that the decifions in the courts, have become arlitrary, and deftitute of uniformity, — The Court of Montreal differs in praftice as well as decrees in fome points of law, from that of K 95 ) of Quebec ; both courts agr(^e in not confining thcmfelves to rules of law, but occafionally de- cide on the equity of the cafe, contrary to the letter of the law.—" ♦ " Thus the cuftom of Canada, the general laws of France, the Roman code, and in fomc commercial points, the laws of England have been reforted to ; but the moit dangerous of ail fyftems is, that of the dccifions in equity of courts, ftridtly conftitutcd as courts of law, without the ordinary rules, principles, and max- ims, of courts of equity to govern them. — ** " This vcrfatility in the decrees of the courts, alone calls for a folid fyftcm of laws; and furely no better can be reforted to, than the laws of Eng- land, to govern the property of Britifh fubjeds. — The exports and imports of the provinces, being upwards of half a Million a year, and from the nature of the property liable to be more affcdted by the law of the country, and the practice of the courts, than any other. We therefore recom- mend a re-introdu^Hon of the common and fiatutr laws of England y as the general rule for the dccifion of all matters of CO ntroverfy, relative to perfon- al property and civil rights, in all perfonal ac- tions grounded upon debts, promifes, contra(P.s, and agreements, whether of a mercantile or I cthcv ( 96 ) ether nature; and alfo concerning wrongs prors^ilf to be compcnfatcd by damages, with an excep- tion to the ftatutcs regarding bankrupts, and Other local laws hereafter to be explained, as in* applicable to the fituation and circumftances of the Britilfh colcnies in America in general, and this in particular — with an exc^^ption alfo to all real actions or controvcrfics rerpc and fcttlemcnts of real eftates, and the didribution of the perfonal property of per- fons dying intej(latc> in all which his Majefty's new fubjecls arc mod interefted, for the deci^ (ion whereof, except in certain cafes hereafter to be menfioned, refort iliould be had to the laws and cuftoms of Canada; but that juries Ihould be granted in all courts having original jurifdic- tion, if demanded by either party, in all real and perfonal ad:ions whatever." " There muft exift fome capital defed:s In the conflitution or pra tONCLUDING CLAUSE. '*'' In general and tipon the "^^hble bf the ob- Cervatidns which ,wc Ji«vV« hiwmbly oflferejd, nia^ be collc(5tc(i ./sfr*- i^tteir impq^hiiity 6f gox^mutg^ this province^ as a Briti/b colony^ and promoting its profperity^ without a power exifting fomewhere, tot" rlcvyin:g inland taxc3, 5od provitUng for vife- . f|i^l;r(^uM-tioii^. — Thefc cofifideratipnp we hum. iply iiibnjit JO the Honourabk Qomniktee of toWDCiJ, and refer th^em to the pct,uipn we h*d the hojior to tfiMjfmit toiais M^jclJy^ ar.d Uotji Houfes of Parliament* xwo years ago^ ior^rant- iiig a Houfe of AiC^nibly toWs JVIdjeAy's f^ijil^ful ,rfub;«(^s of thi$ proyickce J ^s^Q^y p^ ^j^ph g<;- 7^^ 6, 1787. f I r. ^■j(r':.' ON- sVVv.. V;^.-S G Concluding T» ^r^^ 'V ->' ( 98 ) ' ' " r : t ' ,K|. Concluding Claufe of the Report of Committee of Merchants of Monti ealy to Committee of Council, dated January i^Zyi"^'^'^ ' .>tV.^A "■),'ii'.i '/Oil t 't.it'>.i'U'- .\ > < < t i ^ > < < " Upon the whole of the obfervations, which we have humbly offered, may be collefted the titter impoffibility of promoting the welfare of this province, as a Britifh colony, under the pre- fent fyftem of goiernment. This confideration we fubmit to the Honourable Committee of council, and refer them to the petition we had the honour to tranfmit to his Majefty, and both Houfes of Parliament, two years ago, for grant- ing a Hdufe of Affembly to his Majefty's faithful fubjedls of this province ; a copy of which ac- compahics this report.'* •^- • - M»ntrealf January 2 -^^ 1787" ExtraSi i ( 99 ) y f '> Ey^tradi from Report of Committee of Council to Lord Dorchejler^ dated January 1787. *' In both thefe, (meaning the reports from the Committee of the cities of Quebec and Montreal) they have deeply and accurately Ireaied^ and judicioujly re a/one d on the actual fiiuation^ and various interefis of the province. We Ihould there- fore be wanting to theniy and to your Excellency if we did not announce and recommend their repre-^ Jentations to your Lordfiip's rnoji ferious confideratim and n'Jie&ion.''* -, ^■;, ■ \ ' \ i ■•I » '>.(■[.(■' i t. ^^ - . a' • ; • J ^ L » u:)ibjj|i L^.^x fior/ . i .!•.(, I V T e..r-4-r vl c c - iu>t,iu.h i^j'ApOiir.'i cn'iji G a . Exports I JC 5^0 ) m fa I ( No. IV. ) Extorts /rem the Port ^ ^ebec,'m Summtf 1786, t0h» frofn the Btq(^ks a^ thfQuJlom^ houfe^ ^ebec. .1 >^'\,. J • •,:f' , v., X i-:r' |v;f> 0';^ if •'ii\\\ I 103,824 Bufhels ef Whegt. 10,476 Barrels Flour. /.,..^^^,4 Btrfheis Feas^ '^ ^- ■■'^ V 4,015 Bufkels Oats. ^^^^^; ■ '''-9,317 Gwt. Bifket.-^vr- '; ' *o,i7i Buihels Flax-Seed* i,632 Pkc^s of Oak - ' 74 Pieces Piije. %^- > '333737 Staves 4,910 Heading 76,791 Boards and Plank* ] 112,396 Shingles 1,622. — . 7.0 cwt. Pot Alh 10 1. 3. 25 cwt. Pearl Alh 141 Boxes and Cafks, Eflence of Spruce 67 Horfes 43 Mails r . 1,984 Quintals Cod. Fifli 253 Tierces Salmon 1,10a Smoaked Salmon 2,065 Shaken Cafks .885 Bulhels Potatoes 410 14,944 94 • JO 44,8oo 384 2 48,436 23,684 9,S9S 3*958 6,213 5.477 126,794 202,719 12,923 3*072 ■ 7>555 506 480 J 57 64 296 ■■\- ( ioi ) Biifhels Onions Caflcs Giniing Pounds Capalakr Barrels Pork. DittbBeef ^ H<30p« Quintals- Bran Tierces Canada BaJfaftl Tonsof Orl Beaver Skins Martins Otters " ' ■ Mink '•■''" " ■■"• '^' Filher _' \/ ' " Fotes ^''- --■^.■■^-' •^"-'. Bears " ''■■^' '' ■•' Pounds Jndian Drcfs Deer Leather Deer Si^ins K^oon V ^ . ' ' . • vMuAjuach > ■ Wojves Open Cats i. ■-./[ : Cafed Ditto ■; : ,r ^ ^ A-' IKS ' ' , ■ , » . . , . - ^ 1 J « I T- Wolverings a '■ k. / : Squirrels " ». . .'■ T ' Seal k ; ,. '. ; igers .,:. - .^ . ^. -.:;:,.;. -: . KittS * r:.K''' ■ I'll w4» »-..-y^w. G3 1659 Cub X'ty I ( '°* ) m 1,6 ^9 Cub Bears 882 Foxes 1,371 Pounds Caftorum ?',•'.■ ') I- » • t r . , ' i > t r,. I 1 ■ I. , ■■! < A ,J W , I.. \ -'T Furnifhed a large quantity of Beef, Pork, and Flour, to the troops flationed in the Provinee. Shipped from tbefij/jing Ports within the Province ^ in the Gulph of St. Laurence^ the Reports of zvhich never came to the Ciijlom-houfe of ^lebec. 70,000 Cwt. of Cod Fifh > . 5,000 Tierces of Salmon 300 Ton of Oil . ' A very conliderable Quantity of Furs, and feme Whale-bone. „ .1 1 ( ^ . > <' ' J. Liquors imported into ^ehec in 1786, taken from the Cuftom-houfe Booh at ^ehec. ►Rum 3,932 Puncheons "i - 15 Hogfheads J 5 1 Puncheons Brandy ?.,I33 Puncheons !,,',«- 14 Hogflieads jMolaffes. 513 Pipes 2,213 Hogflieads 140 Barrels 'vl- ►Wine. a ? Exportei ( 103 ) V. ,, * ... , ,1 t J'.^i I • r 'Exported from Quebec m Summer^ 1787, taken from the Cuflom-Houfe Booh of l^ehec, 227,931 Bufhels of Wheat * 6,172 Bulhels Peas 12,709 Barrels Flower 11,060 Cwt. Bifket . - 144,015 Staves 30,979 Boards 993 Oak Planks 610 Pieces Timber , , , «;.,,*; ■ . . , > . ■■ f 4 Mafls ., r , 26 Cafks 1 Effenceof Spruce / ; v 76 Boxes J .J. , , 4,445 Bulhels Flax-feed " 22,536 Pounds Ginfing ,, .j 866 Shaken Cafks " ' ' " ^ 1,851 Cwt. CodFilh 2 ' * 505 Pipes 1 3,513 Hbds !>Wine ' . 93 Barrels J '' ' |04,Geo (jfallons of prize Spiyits, i - > : ■ , " .; . i e : . , t ; ■ . r » t\ ■'■.■.,; : ' > ■ .A (■■ ' ■ Ij.;.; ~* .* n ^ ^ - < n t . - L . : . . i ,. :' Cot^rt > \ t *■» - . A ,/ . » C ( io6 ) ( No. V. ) l!> ;••'. w • i Court of King's Benchy City and Dijlricll of ^ebec, J 7i the Honourable TVilHam Smithy Efq, his Majejly*s Chief Ju/iicefor the PrO" vince of ^ebec» IN confequence of the communication which your Honour has been picafcd to make to us, refpedting a prefentment made by the Grand Jury at the laft feffions of the Court of King's Bench, at Montreal; and of an ordinance of the legiflative Council, for laying a tax on the public for the eredion of prifons, and other public buildings : we embrace the prefent oc- cafion to exprefs our gratitude to his Majefly's noble Reprefentat.ve, who, out of his tender care of the people committed to his charge, has been plcafed to fufpend the operation of the ordinance for eredting Court houfes and prifons, until it is reported to his Majefly, and his Royal pleafure be made known therein. We fee the necefljty of having prifons and other public buildings in this diflridt, which at prefent are infufficient for the purpofcs required, I yet ( 107 ) ' yet we apprehend that ev ry kind of tax, under the prefcnt fyftem of legiHation, may occafion difficulties as well ii. the afTcflinent and collec- tion, as in other refpedts. We flatter ourfclves that ou^ provincial mode of government may in time become more and more ajftmila- ted to the conjiitntion, from which we already derive fo much happinefs ; we look forward with fatisfac- tion to the time, when the province of Quebec may be able, not only to fupport its own internal expences, but alfo to promote in a much greater degree than it has hitherto done, the commerce and welfare of his Majefly's dominions in ge- ral. Ithas been ohfervedzvith fatisfa^ion^ that, during the late Sejffions of the Legijlative Council y his Majeftfs fubje^s have not been fo much precluded as heretofore^ from the knowledge of the matters therein agitated^ until they were pajfed into laws, againfi which^ how^ ever grievous they might be thought ^ thefubje^ had no immediate or adequate remedy* — That his Majefty may long reign over the Britilh empire, and that he may ever be repre- fented ( '°5 ) I f i^ ill' fcnted as at prcfent ii> this part of }t, are the finccrc willies of ^ . , Malcolm rra/cr. Foreman^ And <^v Cameron Cbnrt s Voycr Simon Vfnfcr VrdHcis FilioH Ant, Pnuet At. mifon Sam. Phillips Promffftrau David Shonllred Maj 10, 1787, ^'hoth, ' Aylxvin John I'ainnt ' Perrattit raini ' ^' Lsf Lofighisfls ^olr^'t Mcrrogh A. lf'*fttari A. GoffrUn L, Dtm'ay jLs, Tur£c'oii Gunratid. .■•'.••.I '; * i :\ . ■ . ■ 1 t.;. .. . w- I 1 ^ ■ ' '1. I'.i. £xira^ ( '09 ) ( No. VI. ) , ' '• •il: . . - Eicira^ from a Memorial frefented to Lord Sydney {n Jjmtary 1786, by ihf Mgr chants f Bf London, , ' - ; ' ' ■ I'll 'lA. \) 1(1 iiit a ^eiwrd Meeting of the Meribants • ■ ^' of London y trading to the Province '''■'■ '■ of Quebec, held at the New Tdrk Qipe liQifc, the i^ih of January, K,:- 17S6. ^ , -^^ ;•■ ■ •;,:.•.■. ^' W E, the faid merchants, whofe names are . \mdcrwritten, for qvirfelv^'s, an4 agre^^We t© the - urgent and reiterated eowpUiinis gind applications of : tlae inhabitants of the province qi Quebec, thijak ' it -iijeoeflary 313d f3{.pedient, that a fcpretotation bfi mack to his MajeHy's ininifters, .rehe#4 to be moA likely ■«o prove efiG^-mlfe cjyi^i-nig tl?^ minds of his :iMajefty'afubjf<3:sth?re., e«te,n!4ing and iccWRg • the cpmmcrcf , and pr^te^jng ,th•) *< From the petitions delivered laft year to the Right Honourable Lord Sydney, figned by up- wards of 1800 of the principal inhabitants — from the letters lately addrefled to us from the Com* mittee of Quebec ancl Montreal on this fubjedt, ' (copies of which are hereto annexed) and moreover from our own knowledge ^ and the particular information our connexions in that country afford us ^ we are clear- ly and unanimouily of opinion, that for the relief and redrefs of thefe evils, and the many other defeds of the prefent conftitution of. that govern- ment, a provincial legijlature or houfe of affemhly " • ' . ~ eftablijhed mmm ( HI ) fflabliJJjed on the principle as in every other Britijh coloiy in America^ zvill be ejfe^luall " We are equally confidenr, that it is the earncfl: wilh and dcfirc (whatever may have been re- prefented to the contrary,) of the principal as well as the generality of the inhabitants of the province, both old and newfuhjensy (and to which the royal refugees have alio added their teftimo- ny, by petition, to be governed by Britiih laws to be made and adminiftered according to the Bri- tilli conftitution,) they found their claim to it not only as Britifli fubjedls, but under his Ma- je(ly*s fpecial proclamation of the 7th of Odto- ber, 1763." *' We conceive no other form of government will fa- tisfy and quiet their minds, fecure their rights, and prote^ our property. We therefore feel it our duty to recommend, in the moil earned manner, this meafure to his Majcfty's minifters, as themoft ejfential for the fecurity and profperity of this valua- ble province; and that that obnoxious and impo- litic law, the adt for fubjeding the Britifli fub- jedts in Canada to a government fo repugnant to the ideas pf Britons, and the Britifli conftltution, and was fo often cried out againft as one of the caufes of defection of the neighbouring colonies, may no longer difturb the peace of the loy4l. fubjeds of this province."