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Les diagrammes 3uivants illustrent la mdthoda. 1 2 3 4 5 6 [ ' ] ,;■-'> J^ ifkiL Draught of an A&. of Parliament for in- vefting the Govemour and Council of the Province of ^ebec^ without an x\ffembly of the Freeholders of the fame, with a Power of making Laws and Ordinances for che Peace, Welfare, and good Government of the faid Province during the Space of Fourteen Years. WHEREAS his mofl: excellent Majefty, the now King, Preamble, by his letters paten^ under the great Seal of this king- dom, bearing date the twency-firft day of November, in the fourth year of his reign, and in the year of our Lord Chrifl:, one thoufand, feven hundred, and fixty-threc, appointine the ho- Power gram- nourable James Murray, Efquire, to be Captain-General and Go- nour Murray, 1 • r • 1 1 • ,- >-v 1 • -..T 1 with thecon- vernour in chier in and over the province ot Quebec in North- fent of ihc America, then lately ceded to the crown of Great-Britain by the pmvince, to French king by the definitive Treaty of Peace concluded at Paris in the month of February of the fame year, was pleafed to grant unto him, the faid James Murray, a power, with the advice and confent of his Majefty's council of the faid province, fo foon as the fituation and circumftances of the faid province would admit thereof, and when and as often as need fliould require, to fummon and call general allemblics of the fieeholders and planters in the faid province : call an affem- bly. And his faid Majefty was therebv further pleafed to dired the Oathsandds faid Govemour to require the perlbns thereupon duly eleded by berequi'redoi the major part of the freeholders of the refpedive parifties or pre- offuJh^Trem-' cindts ot the faid province, and fo returned, to take the oaths '^'^'' mentioned in a certain adt of parliament pafled in the firft year of the reign of King George the Firft, and intitled, " An aSl for the Jurther Jkurity of his Mcijejiys perfbn and government^ atid the fuc- crjjmn of the crcwn in the heirs of the Icte princefs Sophia-, being ^ro- tcjiantSy and for extinguijhing the hopes of the pretended prince of Wales and his open and fccrct abettors >" and likewife to make and fubfcribe r fthe Vieclaratiort -agalnft the Romifli doiflrlne of tranfubftantiation ■mentioned in an adl of parliament made in the twenty-fifth year of the reign of King Charles the Second, intiled, " An a6l for prevent- ing dangers which may happen from PopiJJj recufatits ; " before they •are permitted to fit in the faid afiemblies : * And was.pleafed to impowcr the faid Governour, by and with the .advice and confent of his Majefty's council of the faid province and fuch affembly as aforefaid, or the major part of them, having previoufly qualified themfelves in the .manner aforefaid, to make, conftitute, and ordain, laws, ftatutes and ordinances for the public peace, welfare, and good government of the faid province, and of -the people and of the inhabitants thereof, and of fuch other perfons .asfhall refort thereunto, and for the benefit of his faid Majefly, his .heirs and fucceflbrs, taking care that the faid laws, ftatutes, and ordinances (liould not be repugnant, but, as near as may be, agreeable, to the laws and ftatutes of this .kingdom : The like And .aftcrwards his faid Majefly was lileafed to give the fame power and di- ii- • r> /-> r^r • redions were povvers, authorities, and diredions to Guy Carjeton, Efquire, the 8 ft c r w 3 re s r-rantcd to prcfent vGovernour in chief of the iaid province, by other letters x;a7leton!"^ patent under the great feal of Great-Britain to the fame purport and effed as thofe above-mentioned: fLegiflativc ; power grant- ed to the (aid ♦ Governour, lo be exerciled with the ad> 'vice and con font ot the ' council of the faid province and (uch .af- /erably. Difficulty of procuring an Mn'cmbly qua. lifted as above, by reafon ot the general prevalenf^e of the Koinifli foperlliiion. Inexpedience of calling any allembiy at prclcnt. Want of a fnf- ficlent IcKlfla- tive authority in the Gover- nour and council with- bly, for the jidod fjovcrn- laent of the province. And whereas ,it hath mot hitherto been found pradlicable, by reafon of the general prevalence of the Romifli fuperftition amongft his Majcfty's new Canadian fubjeds in the faid province, to fummon and call a general affembly of the freeholders and planters in the fame, that are willing to qualify themftlves to fit in fuch alfembly in the m^-iner above-mentioned by taking the oaths above-mentioned, and taku V and fubfcribing the .declaration aforefaid, without too much .reflraining the freedom of eledion of the faid new fubjeds by reducing them to aneceflity of chuiing Proteflant Reprefentatives, of whom. it may often happen that they fhall have but little know- ledge, in preference tc Roman Catholicks of their neighbourhood and antient acquaintance, in whom they may place a great confi- dence : and for divers other reafons it is not thought expedient as ■yet to fummon an affembly .in that _province.: /And whereas no power of mdking laws and ordinances 'for the faid province, haih hitherto been granted by his faid mofl excellent Majefly, to the Governour and council of the faid province only, without the concurrence of an alfembly of the fame, by either of the above-mentioned two commiffions of Captain- General and Governour in i in Chief of the faid -province, or by any otlier inflirument under the great feal of this kingdom: but only an inftrudion hath been given by his faid Mijefty, to his faid Governours, under his Majefty's fignet and fign-manual, communicating or purporting to com- municate, to the faid governours a certain very limited legiflative authority, to be exercifed by them by and with the advice ^ind con- fent of the council of the faid province only, without any aflembly, to wit, an authority to make fuch rules and regulations as (hall ap- pear to be neceffary for the peace, order, and good government ot' the faid province, taking care that nothing be pafTed or done that . (hall any ways tend to afFed the life, limb, or liberty of the fubjedt, • or to the impofing any duties or taxes : and this legiflative authority has been found, by the experience of feveral years, to be too narrow for the purpofes of good government in the faid province : And whereas it v/ill therefore contribute to the welfare and ,good government of the faid province for the time to come, until fuch time as it fliall be thought expedient by the King's Majefty to fummon a general aiTembly of the freeholders of the fame, that a more ample legiflative authority {hould be delegated to his Ma- jefty's Governour and council of the fame : and, for that puipofe, that the number of members of the faid council ( which has hitherto been only twelve,) (hould be confiderably increafed; and that their offices of counfellors to his Majefty for the faid province (hould be made independant of the Governour of the fame: to the end thai they may net only adt -with freedom in their deliberations for the good of the (iiid, province, but al(b be generally thought to do fo by his Majefty's fubjeds in the fame, and may, in confequence of their juft and wife condud in the exercife of this high authority for the welfare and good government of the faid province, become the ohjevSts of general efteem and reverence in the fame : And whereas the vcftablifliment of fiich a legiflative council in the faid province is not likely to give any difgufl-, or offence, to thofe of his Majefty's antient Britifh fubjeds who are already fettled in the faid province, or who may hereafter refort thither, but rather to be thought a juft: and necelfary meafure by them, and much lefs dangerous to their liberties and welfare than the immediate con- ftitution of any -afiembly of the freeholders and planters of the faid province, if, (contrary to the diredions of his Majefty's commiftion c' Captain-general and Governour in chief of the faid province, above-.mentioned,) any Roman-Catholic membe'-s fliould be admitted into Expediency of delegating a more ample legiflative authority to the Gover- nour and council only. And malting the faid coun ■ cil moie nu- merous than it is at pre fent, und in ■ dependant C( the Gover- nour. Such a leKirt* tive council is likely to be more agree- able_ to the Briti'fh inha. bitants ot' the faid province thananaflem- bly into which the Ri)nian - ca- tholicU ftiHll be admitied. i«m r4-r ProviJed that tliey are only impowcred to make laws, or ordinances, but not toim- pi^fe taxssi And that fuch Icgillative council be continued only tor a ttnall number of years, and till It is iound expedient to luiiiinon an alknibly of proicUants. into It J provided the authority delegated to fuch leglflative council be only that of making laws and ordinances for the welfare and good government of the faid province, and not that of impofing any duties, or taxes, on the inhabitants of the fame, which they con- ceive to be a power much more liable to be abulcd than the former, and confequently lefs fit to be intruded to any pcrfons in the faid province, (of what rank or perfonai charadler whatfoever,) that are not the cxprefs reprefentatives of the Irccholders and inhabitants of the fame ; and provided alfo that the eftablirtimcnt of fuch legiflative council be made only for a. fmall number of years, and until it fhall be thought pradticable and expedient to ered a proteftant af- fembly in the faid province, agreeably to his Majefty's commiflion of Captain-general and Governour in chief above-mentioned, and to the general practice obferved in all the other Britifli provinces in North America : And fuch a JeyilUtue council is likely to be more agioe- able to th? (.,'anadians n the (aid pro- vince than an ali'embly coii- fiHiiiB of Omy protcltant Jiicinbcrs. And whereas the eftablilhment of fuch a legiflative council in the faid province is likely to be more agreeable to his Majefty's new Canadian fubjeds in the fame than the conllitiition of an aifembly of the freeholders and planters of the faid province that fliould con- fift only of proteftant members, agreeably to the diredions of his Majefty's commiflion of Captain-general and Governour in chief above-mentioned ; by reafon that in the prefent ftate of the faid pro- vince, and during the general prevalence of the Roman-Catholic re- ligion in the fime, very few of the faid Canadians could become members of fuch aftembly : Of tne go- vtrnment of Canada dur- ing it's fub- icdiion to the Tiench Kin;;. ■J"he Gover- nour, The Inten- dant. Thebifhopof Quebec. The Supe- riour council. And whereas in the time of the French government of the country of CanacUii or AV-iv France, of which the aforcfaid province of Qnebcc then made only a part, the authority o^" the French king was intrufted principally to three officers of great diftindion ; to wit, firft, the mili- litary governour, called Go'vermur and Lieutenant-general for the king in the faid country \ and, fecondly, the principal officer of the civil go- vernment in the fame, called the hitendant of juJUce, police, and revenue in the fame ; and, thirdly, the Birtiop of Quebec ; and a council nomi- nated by the faid French king, called the Sovereign council, or Superiour council^ of ^ebsc, which confirted of the faid three great officers and twelve other members, of wliom eleven were laymen, and one was in holy orders-: Paw?r of the ] irciidjnt and jiiperiour .'.■v,:n;-il \n nt.ike rcgiila- And the faid Intendant of juftice, police, and revenue, was autho- rifed by his commilfion from the faid French king, not only to exer- cile a very great judicial power in the laid country in all matters what- foever [ 5 ] focver appertaining to the adminiftration of juAIcc, both ciiniliial ami liom for iiie civil, but alfo to cxercilc a confiderable degree of" Icgiflative power in K"r pU the lame, namely, to make, in conjunction vvitli the laid Icvereign, or liiperiour, council, of Quebec, all luch regulations as he Ihould judge to he ncceflary for the general police, or good government, of the faid country ; and, in cafe he lliould judge it to be moie expedient for the fervice of the French kin2 to proceed herein without the faid council. " to make the faid regulations by his ovvn fincle authority, without the iiis"^vn fingic concurrence or the laid council, if the faid regulations related only to tivil luatter;,. civil matters: And many regulations of great importance were.accordin^^ly, made ^*^\1'^JIZ' in the fiid country by the laid Intendants and funeriour councils, and ""'V T''?!. by the faid Intendants alone, without the laid councils, which were '■"'^^ tountry chcartully iubmitted to by the inhabitants of the faid country, and were inteiHi'"' earned into execution in the fame : ■ gf)vcnuneiu (if the (jii tounuy. Pduer of tlie Intciuiant t'-» make Inch ru- ulati..iis by riour councils. But the faid Intendants and fuperiour councils were not impower- cd to impole taxes in the laid country. But the faid Intendants and fuperiour councils were never im- powered by the faid French king to impofe any duties, or taxes, on the inhabitants of the faid country: but the lame were impofed only by the faid French king himfelf by his own edidls : And whereas the eftablifhment of a numerous legiflative council in the faid province of Quebec, made independant of the Gover- nour of the lame, and reftrained from impofing any duties, or taxes, on the inhabitants thereof, in the manner above-mentioned, bears a confiderable refemblance to the faid former method of government in the faid province by the authority of the Intendant and fuperiour council of (^ebec, during the fubjedion of the faid province to the French king ; and is evidently lefs likely than the faid former method of government to be abufed or perverted to ambitious or oppreflive purpofes, by reafon that the power thereby delegated to fuch legifla- tive council, to make laws and regulations for the welfare and good government of the faid province, will be intruded to a greater num- ber of counfcilors than the laid fuperiour council of Quebec was com- poled of, and that the Governours of the faid province will in no cafe whatfoever be impowered to make any of the faid laws and regulations alone, or without the concurrence vi' the faid council, as the faid Intendants were formerly authcrifed to do : And therefore there is great reafon tofuppofe that hisMajefty's new A"^ there. tore tncrc is Canadian fubjeds in the faid province, (who were formerly ufed to reafon to h^pc the faid method of government and legiflation by the Intendants and jJityrnew*' The eftablilh- ment of fuch a legillative council, as is above-men- tioned , bears a refemblance V) the afore- f.iid meihod of govern - ni'.'iU, by tha IiitcnJaius and fuperiour councils, ufed in the faid province in the time of its fuhierlion to the l''rencli iiing. But is lefs likely to be abufed to pur- pofes of op-. prelfion. B fuperiour rri jv'h''!vii^b; ^"P^^'O"'" council of Quebec, and were well pleafed and fatisficd S" dUbUfh'! ^''^'■^'^''^') w»'^ gi'^^a^'y approve, and be fully fatisficd with, the me- n.cnt of fuch thod of government herein before- mentioned by the govetnours of the council. laid province and a numerous and independant icgiflative council ; and will cftcem the eftablirtiment of fuch a council to be a juft, and pru- dent, and falutary meafure in the prefent circumftances of the faid province : I. IT IS THEREFORE ORDAINED AND ENACTED by tlie King's mofl: excellent Majefty, by and with the advice and con- fent of the lords fpirituai and temporal, and tlic commons in parlia- ment aflcmbled, that for the fpace of fcven years, to be computed from the firft day of January in the year of our Lord Chrift, one thoufand, fcven hundred, and ieventy-four, it fliall be lawful for his Majefty's Captain-general and Governour in chief of the faid province of Quebec, or, in his abfence, the Lieutenant-Governour, or Com- mander in chief, of the fame, for the time being, by and with the advice and confcnt of his Majefty's council of the faid province only, and without any aflembly of the fieeholders and planters of the fame, to make, conflitute, and ordain, laws, ftatutes, and ordinances for the public peace, welfare, and good government of the faid province, and of the people and inhabitants thereof, and of fuch other perfons as fliall refort thereunto, and for the benefit of his faid Majefty, his heirs and fucceffors, taking care that the faid laws, flatutes, and or- dinances fliall not be repugnant, but, as near as may be, agreeable, to the laws and flatutes of this kingdom, in the fame manner as the faid James Murray, by virtue of his commiflion above-mentioned, might have done with the confent of both the council and aflembly of the faid province. Provided ti,at n. PROVIDED always, and IT IS HEREBY FURTHER h.Z^'f""' ENACTED, that none of the faid laws, ftatutes, or ordinances, fliall JonngltiTs', ^" ^"y '^^Sree tend to the impofing any duties, or taxes, on the inha- bitants of the faid province ; and that, fo far as any of them fliall have any fuch tendency, they fliall be utterly void and of no efFed: or authority whatibever. Delsgstion of a Icgiflative authority in thtGovernour and council of the faid province only, without an aflembly of tlm freehol- ders in the fame, for the fpace of fcven years. or taxes. III. PROVIDED ALSO, and IT IS HEREBY FURTHER Number of menlbers oF 'ouiicfi''"'""^ ENACTED, that the faid council of the faid province fliall for the They flisil all ^"^"^^ ^°^^^^^ °^ thirty-onc members refident in the faid province, t.,i.„.-„.,,. "°";- " '°'"'»»''cr in chief, of the fiid province ,hall >',mk proper «;rt",tS '"J"'""'°" ^ '"'"'"S of .he council of ,he fan.e, in order to L ^^ .S,V IT, ""',""'"? '"\ "'" "'"' °' "'■'"'""^^■- »■'"='• ''••^» appear r;:r.«,;,^r. """ "^ ,'" "'= "'^""^^ =■"'' t™^ Bovemmon. of the fiid he (hall pubhO, a proclamation for ,1, ,. pu,p„a, gi,i„, due no.icc o f .he day on winch lucl, meeting of the laid councl fhall be holdcn n. he pr,n.ed news-papcr .f the laid province, cali.d the Q.u,bec ga^ .e. te, a, ea.1 fourteen days before the d.y appointed for tk- .neetL of the lutd councd. And all ordinances that (hall be made by the Co- vernour and the laid council without fuch previous notice in ,hc- fi,id pubhc news-paper of the day „„ which tlu- M nteeting of it d councl ,s to be holden, fl,all be utterly void and of no e&ft whatf^. ever, a.y th.ng herein b "ore mentioned to the contrary her o L nny wife notwuhaaiiding. ^ " Every mem- ber ni the (aid k'ginativc council (hal! be at lilicity CO luing any bin imo the ;.ime, hs \v(.!1 aJ to ailcnt to .( bill piopol'- < ri to the laid tounril bv the tiovcinour. AnJ a me- morial thereof fhall be en- tered aniongll the records of the laid coun- cil. VII. And IT IS HEREBY FURTHER ENACTED th.t in every meettng of the faid legillative council of the faid prov nee for .hepurpofe of tnaking new laws, or ordinances, for the welfare an, good governtnen, of the fame, it fhall be lawful for every me,„ber of b,l ,h t he ll>all efteem fit to be pafted into a law, or ordniance in order that ,t may be fuft conf.dered by the laid council, and paf]"d' 1 v •hem, and then propofed to theCovernour of the faid ;rovin!.e for Ir^ .ffen, ; as well as for ,l>e Governour of the faid province to propole any bdl mat he nray thu.k ufeful and fit to be paffed t„,o a law'to'tl e ia,d councd for their conlideration and alTent. And a fhort account or memor,al of every bill fo prefented by any member of the m counc, fhall be entered by the clerk of tl,e faid council a.nongfl ,he proceedn,gs of the fame, even though the faid bill fl.ould not be ao- proved by a majority of the faid council, or, being approved by fuch majority, fl,all not receive the Governour's alient. ^ Vm. And in order to encourage the feveral members of the find ounc, to be d.hgent and regular in their attendance at the n,ceti Is thereof, and to defray the expences they may incur by fuch attendanc"! and .^s ri 4 [ 9 ] .n.l likevvifc to .-cwarJ .'-.cm for their ufcful labours t!,crcin f<,r the public benefit of the (A', province. IT IS HEREBV KI RT ,PR vernour. or L.eutcnant-governo.r, or c.mmander in dv.^ of the fil prov,„ee to ill-uc l,i. warrant to the Reeeiver-gcneral ..' ,he 1 ic revenue of the l.nno, to pay ., each tncnber of the ii,a c„u„ci 1« nu.l attuKl any n,e..ing of the fam, for the p.rpofc of ^ ! , t »o orchnance. for the welfare and good g,>vern,n=„t of the fakl ,ro V nee. and lull cont.n.e at the f,id .neetin^ until the end or di-.oli ..on of the fam. fueh fu,„ of money, not'eveeeding two , r,^ rf lawful „,oney ol Great-Uritain. as he .hail think prober, ou of ,A .non.es ar.„„g w„l,,n the laid province, and liable \o be apolie to Puhhe ufes ,n the ,,„„., as n,all then be in the hanus of thM i R ce,ver-general . taking care that on every fuel, ocenfion an equal fu.n at the l=,d meeung, without any dillinclion, or partiality ; and that the money pa,d o„ this account to any one member of the Ihid eounci n. he .pace of ,e whole year Ihall never exceed the fum of one d ed pounds ,f lawtul tnoney of CJreat-Uritain. although the .neetin.. ul the .,d connal. a, which Inch me„,ber ftall have attended, in th^ (pace of tune, Ihould happen to be more than fifty. IX. And IT IS HEREBY FURTHER E^f.^CTED that If any member ot the .aid legiflative council of the .aid province fl«il •! any t.me be abfcnt fro.n the laid province for tl,e fpaee of one whole year w.„hot,t having obtained a leave of abfence from the Governour i„ chief, or L.eutenant-governour. or commander in chief, of the ftid provnice. in writing, and caufed the fame to be entered amon. the ecords of the ftid council belore his departure from the faid'pl ! in i"n t"' °' ''™"""" '" '^' '^'"8'^ ^^^■'^y '" 'he liid pro- vince ftall thereupon ceale and become vacant at the end of a y ar ro„, the day ot h,s departure from the faid province, «, thaf'if he (hould atterwards return into the faid province; he n.all be in- capable of fitting and voting in the faid council, unlefs he fc|, be fJd" offir""'^ '° ^° '° ^^ ""'" °^ " "'" "PP^i'''^^"' » the The mcm- beri of tlir l>tid council (hall ri'coi\e <;ut of the public rev. ntieof the laid province a re- WK-f for tiieir tro-olc in at- tcnJir,^ the meetings of the (ariir, not exceed iiif^ I'vo pound* IteriniK tr) each member for every at- tendance. But no one member of 'lie (aid conn, cil (lull re- ceive more tlun onehun- died pounds in one year on this ac- count. livery mem- ber of the laid council, who fliall be ab. lent from the (aid province for the fpacc of a year, without the f jovernourVs leave in writ- ing lor thit purpole, (hall thereby lol'e hi.s office '■ % counfello. . S& a leav o ,,.■ "-'^hcr ot the faid council after having obtained AM™o=,vi,„ a leave ot ab.ence „, writing from the Governour of the feid „ro- ,'1" I^"' -' vince. or the Lieutenant-governour. or commander in chief of ,he ""'^'■'"»- the lame, and having cauled it to be duelv en-er-- -r -I . •'"';" '"' 5 i3 ik .u uu uuciy cHi-ertu m liic records of ■'>■"'' '"^y-f'a r> "le time al- ^ the 10 fhall have th fame effect faiT'^ieavV''* thc faid councll before his departure from the faid province, fluU be abfent from the fa'd province for the fpace of one whole year beyond thc time allowed by fuch leave of abfcnce, his laid office of counfellor to thc King's Majeity for thc faid province flii'll thereupon ceafe and become vacant at the expiration of the faiJ year beyond the time al- lowed in his faid leave of abfence, in the fame manner as if he had at firfl gone out of the faid province witliout any leave of abfence from the Governour thereof, and had continued to be abfent from the fame for more t^ m a whole year. r Three years ablcnce Irom the province, (even with ihe Gover- nuiir's Iv-ave fur thc whole time) flia.l liavc the fame ctlei^t o[ dc- jjriving a jnemi;cr of the laiu coun- cil ot liis oiiice of a c'junlcl- lor. And no leave of abfence from thc faid province given by thc Go- vernour, or Lieutenant-governour, or commander in chief, of the fame, (though it fliall have been given in Vvriting, and entered among thc records of the faid council, as is above dii-ccled) (hill enable any mem- ber of the laid council to retain his faid office of counfellor of the laid province during more than three years abf;^nce from the fame : but at thc end of the laid three years his faid office of counfellor fliall ceafe and beco:ne vacant, and he ffiall be incapable of fitting and voting in the faid council without a nevv' appointment to the faid office of a coun- fellor of thc faid province. X where the coiincil of the iaid province Jliail not atl as a lej;i{l-!- tive council, bur only as a council ofad- \ice and allil- t.inec to tlie trovernour, it fliail lie lulii- iient to luui- inon on y t^vclve of I hem thc d.iy l)ei(jre tliey meet ; and feven num- bers fhall be a luiiicient riiiinbei' to do bufinefs. X. PROVIDED aUvay?, and IT IS HEREBY FURTHER ENACTED, that in all other matters, not relating to the making, or paffing, any laws, Aatutcs, or ordinances, for the laid province, but to ti)c adviiing and afiilling thc Governour, or Lieutenant-governour, or commander in jhief, thereof in the execution of thofe parts of the commiffion of Captain-i'^eneral and Governour in chief of UxC faid pro- vince iii which the faid Governour is directed to aiit with the advice and aHillancc of the council of thc iame, it liiall not be neceflary for the Governour oi the laid province, or, in his abfence, for tiic Lieu- tenant-governour, or commander in chief, of the lame, for the time beiPig, to fummon the whole legiflativc council above-mentioned by a proclamation juibiiflied in the Qiiebec gazette fourteen days before the time appointed for the meeting thereof, in the manner above di- reded : but it fliall be lufficicnt lor the faid Governour, or Lieutenant- governour, or commander in chief, of the faid province for the time being, to lend particular lummonks in writing to the fevcral mem- bers of thc laid council wlio live in the town in which the laid coun- cil is to be aHemblcd, or within tlie diltancc of two miicb from ir, or, (if there are n.ore than twelve of thc members of thc faid council rcfident in the faid tov/n, or within tiie faid diftaiice of it,) to I J I to any twelve of the faid members that he fliall think fit, on thr lay immediately proceeding that on which the faid rouncil is to be af- fembled : and, if feven, or more, of the faid counfellors fo fummoned (hall attend at the faid meeting, it fhall be lawful for the faid Go- vernour of the faid province, or, in his abfence, for the Lieutenant- governour, or commander in chief, of the fame, to proceed to tlic execution of the aforefaid parts of the faid commiflion of Captain-ge- neral and Govcrnour in chief of the faid province, by the advice and aiTillance of the faid feven, or more, members of the laid council, or the major part of them j any thing herein before-mentioned to the contrary hereof in any wife notwithftanding. A REMARK concerning the Power of Taxation in the faid Province. t IT remains to be confidered by whom the taxes neceflary to be levied in this province (liould be impofed. Now this, it is appre- hended, may beft be done by the parliament of Great-Britain itfelf. A fmall duty of about three-pence a gallon, upon fpirituous liquors imported into the province from Great-Britain; another fomewhat larger (as, perhaps, fix-pence a gallon,) upon thofe imported from the Well- India iflands ; and a third, larger than either of the former, (as, per- haps, a fhilling a gallon,) upon thofe imported from the other Britifli colonies in North America j and a moderate excile (of, perhaps, fix- pence a gallon;) upon thofe made in the province itfelf j are generally confidered by perfons who are acquainted with the laid province as the fittell taxes to be raifcd in it. And many people are of opinion that ibefc taxes would be ufefulto the faid province not only in the firft and mofl obvious manner, to wit, by producing a revenue for the maintenance of it's civil goverriinent, but alio by checking the great drunkennefs that now prevails in it fiom the immoderate ufe of fpirituous liquors by the Canadians, which is the confcquence of it's prefent low price. Next to thefe duties, many people arc of opinion that a certain fmall tax upon houfes that was levied in the time of the French government in the faid province, and which is therefore, perhaps, in ftridncfs ot law, already legally due to the King's Majeily, ought to be revived ; and that a fmall tax (of perhaps three fhillings a head by the year,) ought to be impofed on fuperHuous horfes, of which it is generally allowed there is much too great a number in this province. When thele, or any other more convenient taxes, are once ellablilhed by a com- petent I petent authority, fuch as that of the Britld, ,„ i- bably, no. be nccefllry ,„ „;,- „v ," "^ T""' " "■'"■ P"" Pcrh,ps for the whole time h tth abo" '"" '" ^''"'' ^^"^^ ^^i ...a,l continue in the prlw T rti;:rl '''"''- -"'" '' t^^^- quantity oi "e ™.ed by the pa ti ', ', ^Vt; ""^^ ^"' f''"'^ "■=' it ihould a"d thatd,ey (hould nublifl h f i , ' '""P'^''' ""'' -^""""^"J : „ ^^ttt, toi the nitormation of the inhabitants of the i„ I , -i "> S've then, a„ opportunity of re„,o„rt,-at „..,,."""' tbcy d.f.pprove k, and at the lan,e ti.ne <]■■, H '•'" "' " '-' i'i.s Mnjeftvs Secretary of S- -, f '' °"" ' '"Py i'k Majeltv i,r council a ,d I, '}""-'"'■'''■ '" '^'^ ''"J '"^f^o Wnh thele precautions it fc'en,, .J^l^lt-::^^^"'""- ------™-o"'.^:aLc::;t;::irr:L^r'-'- > 'I Hi