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T n E 
 
 PA P E R 
 
 READ AT THE 
 
 Bar of the Houfe of Commons, 
 
 By Mr. LYMBURNER; 
 
 Sgent fi^t tiie SubCtribetjo; to tbe Petitions ttom tbe 
 
 IPrototnce of Ctuebec, 
 
 Bearing date the 2^th of Nov. t*]^/^^ 
 
 As Read the 23d of March, 17^1* 
 
 Number 
 
 £X (B $ IB € C: 
 
 Printed by William Moore, 
 
 AT THE 
 
 Herald Printing-Ofpice, 1791. 
 
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 The PRINTER, 
 
 INTENDS with the fupport of his Friends 
 and the Public ; to Print in the fame 
 Form as this Pamphlet, the Debates of Par- . 
 liament, relative to this Province, as mi- 
 
 i nuted in Mr. WoodfalFs Diary ; the new 
 Conftitution as it may be enaded in the 
 Britifh Parliament, and all the Laws that 
 {hall hereafter be confirmed by the Houfe 
 
 I of Affembly and the Council in this Pro- 
 vince or Provinces. 
 
 This Work is 'meant to form ufeful vo- 
 lumes, for the Rifing Generation, fimilarto. 
 the Journals of the Houfe ,of Lords and 
 Commons, as publifhed in Eiigland. 
 
 The Printer having Printed this for the 
 general Satisfadion of the Public, at his 
 own rifk, hopes thofe friends who may 
 be inclined to forward his future Plan, 
 
 |will preferve this, and give in their names, 
 that he may eftimate what number to print 
 In future for' general prefer vation. 
 
 Quebec, June Bth, 1791. 
 
 B 
 
1 a? s 
 
 I 
 
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 •^ ' 
 
 A P E R read at the Bar of the 
 Houfe of Commons, by Mr. Lym- 
 BURNER, Agent for the Subferi- 
 bers to the Petitions from the 
 Province of Quebec, bearing date 
 the 24th of November, 1784* 
 
 (23d March, 1791O 
 
 s I R, 
 
 AM Agent from Quebec for the Subfcribers to the Peti- 
 tions from that Province, now on the Fable of this 
 onourable Houfe. I had the honour of appearing ac this 
 arlate in the Seffion of 1788, and of dating, for the In- 
 formation of the Honourable Committee, the unhappy 
 (ituation of that Province. Soon after that period I went 
 to Quebec j but, at the urgent Requeft of the Petitioners, 
 I returned to Britain the fame Year, with new Powers, and 
 more ample Inftruftions to renew my Application for their 
 Keliefi and to reprcfent to the Britifti LegiQaturc the pref- 
 ng neceffity, for the peace, the fecuriiy, and profperity of 
 e Inhabitants of that Country, that the Conftitution of 
 he Province ihould undergo %xi immediate and thorough 
 ~cfbrm. : :. ^ V ■ J ^ 
 
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 Every Day new Matter, and furtlier circumftancts arife, 
 uhich confirm and ftrenghten the Sentiments of the Peti* 
 ttoncrs, as exprefTed in their Petitions. And they are now 
 fully convinced, that, unlefs a proper Conftitution of Govern- 
 ment is eftablifhfd immediately for thnt Country, the whole 
 Affairs of the Province miift inevitably fall into fuch extreme 
 confufion as will operate to the entire Ruin of their fortunes, 
 and ultimately the abfolutc Deftrudlion of the Province. 
 
 It is not neceflary to enter into any detail of the Reafons 
 •which have induced me to defer applying; to Parliament on 
 ihcf ^ Affairs during the Two lad Seffions, as the Circum- 
 ftances are within the Recolledlion of every Member of this 
 Honourable Houfe. 
 
 Thefe Petitions were framed and agreed on in Public 
 Meetings held for that Purpofe, in the Cities of Quebec 
 and Montreal ; and Committees were then named and 
 appointed by the People, to forward and fupport them. 
 
 In thefe Petitions, Sir, the Inhabitants of the Province 
 of Quebec have expofed to this Honourable Houfe, that 
 their fituation has become truly deplorable by the Operation 
 of the Syftem of Government eftabliflied for that Province 
 by the Afb of the Fourteenth of His Majefty, commonly 
 called the " Quebec Aft.'* And they have likewife thought 
 it their Duty to point out, for the Confideration of Parlia- 
 ment, thofe Reforms which, in their Apprehenfion, will tend 
 moil effedtually to promote the Happinefs and Profperity of 
 the Province, and at the fame time to give due Strength, 
 Ehergy, and Support to its Government. 
 
 As His Majefty's Minifters have fubmitted to this Ho- 
 nourable Houfe a Bill, profeffedly defigned to remedy the 
 Evils of the prefent Syftem, it is unneceffary for me to 
 enter into a Detail of the Diftreffes which the People of 
 that Province have buffered from the Confufion and Uncer- 
 tainty bf the Laws, and the Want of determinate Rules and 
 fixed Principles in the Courts of J uftice j though I am con- 
 fident the Detail wCuld aftonifh every Member of this 
 Honourable Houfe, as it muft be Matter of Surprize that 
 fuch a feries of Anarchy and Oppreffion fliould have been 
 
 permitted 
 
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 permitted to prevail during fo many Years in a Briti(h Pro- 
 vince. It furnilhes, however, the cleared Pro jf that can pofTi- 
 bly be offered or required, that the Official Information from 
 that unfortunate Province has not been fuch as the Britifli 
 Government had a right to cxpeft j for if Parhament had 
 been duly informed that the Quebec Adts, by which it was 
 certainly intended to fecure the Peace, and to Promote the 
 Profjjerity and Happincfs of the People of that Province, 
 had produced the very contrary Effeds ; that, from the Un- 
 certainty of the Laws fuppofed to be introduced by that 
 Ad, His Majefty's Subjedts had been obliged to depend 
 for Juftic^ on the vague and uncertain Ideas of the Judges j 
 —we are fure, from the Generofity and Jullice of the 
 Britilh Gov^nment, that we Ihould have had no Difficulty 
 in procuring thei^neceflary Relief 
 
 In this Stage oY the Bufmefs I fhall not wafte the Time 
 of this Honourable Houfe to explain the nature of the 
 Civil Government of that Province while it belonged to 
 France ; nor to prove to this Honourable Houfe, that al- 
 though the Quebec Aft has been in full Force Sixte'-n 
 Years, the Courts in that Province have not yet fettled or 
 agreed on whether the Whole of the French Laws, or what 
 Part of them, compofed the Cxiftom of Canada j as they 
 fometimes admitted, and at other times rejedted, whole 
 Codes of the French Law. It is not ncccflary to enlarge 
 on thefe Subjedls, as the Bill now under confideration fup* 
 pofes that the prefent Conilitution of the Province is defec- 
 tive ; and I hope this Bill before it receives the Sanftion of 
 this Honourable Houfe, will be fo modified and arranged 
 as to preclude the neccfTuy of our troubling the Britifh 
 Legiflature again, to reform the Conftitution or Government 
 of that Country. 
 
 While that Province belonged to France the Country was 
 thinly inhabited j Agriculture and Commerce were negJeft- 
 ed, defpifed, and difcouraged; Credit and Circulation were 
 very confined j and Mercantile Tranfadions were nei- 
 ther numerous, cxtcnfive, nor intricate, for the India Com- 
 pany had been permitted to retain the monopoly of the Fur 
 
 A a Trade* 
 
Trade, which was almoft the only obje<?V of Export during 
 that period from the Province. The French Government 
 fee m s ro have been totally unacquainted with the Mercan- 
 tile Rcfources of the Country and to have efteemed tlie pof- 
 feffion of it merely as being favourable to tiieir V iews in 
 diftrcfllng the neighbouring Britifti Colonies ; the Inhabitants 
 wcie miferably poor, and the Province was a dead weight on 
 that Kingdom. But, Sir, the Province has greatly chang- 
 ed fince it was ceded to Great Britain at the Peace of 1763, 
 the Commercial Spirit and Genius of thofe Britons who have 
 refoi ted to, and fettled in that Country, have by promoting 
 Indiiftry and Cultivation difcovered to the World the value 
 of that Province; and though the Efforts of a few Indivi- 
 duals have not been fufRcient to counteract all the pernicious 
 confequencf-s of an aibitraiy Syftem of Government, and 
 an uncertain Adminiftration of Law, yet they have produc- 
 ed a wonderful change on the Face of that Country, the 
 Towns and Villages are greatly t ncreafed ; the number of 
 the People is nearly tripled j there is a double Quantity of 
 Land cultivated j the Farmers are more comfortably lodged; 
 and a great number oi Ships are annually loaded with a 
 variety of Articles the produce of the Province : If fuch 
 amazing progrels has been made in the period of 25 Years, 
 not only without any Affiftance from Government by Boun- 
 ties or Encouragements, but while the Province was labour- 
 ing under OppreflTion, and the people fcarcely aflured of 
 cnjoving the Fruits of their Induftry, what may not be 
 cxpefted from the Country if encouraged by a Generous Syf- 
 tem of Government, and affifted by the foftering hand of 
 Great Britain ? When, in confequence of the People being 
 enlightened by Education and Science the effe6ts of anci- 
 ent and narrow Prejudices are deftroyed, and the Farmers 
 have been induced to change their prefent wretched Syftem 
 of Agriculture, I have no doubt, Sir, but the Province 
 will be confidered as a valuable Appendage in the line of 
 Trade j and inftead of exhibiting a weak Government and 
 impoveriflied Country, it will acquire that degree of refpefti- 
 jjility which its fituation, foil, and numbeb ought to command. 
 
 Ifhall 
 
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 . I fliall now r^qucft the indulgence of thic Honourable 
 Houfe whtlc I offer a ft-w Obfervatio.is on fomc of the Ar- 
 ticles of the New ( onftitiition, as they appear in the Hili ; 
 and fubmit, for their Confideration, fuch Keafons for alter- 
 ing thefc Claiifcs as h;i e occurred to me in die ihort time 
 fince I have had Communication of the Bill. 
 
 Sir, the Rill now under the Deliberation of this Honour, 
 able Houfe flates, in the Preamble, tiiatthe A61 of the 14th 
 of His Majefty, commonly called the Qiiebec Adl, " is, irj 
 tnany Ucfpefts, inapplicable to the prelent Condition and 
 " Circumdances or the faid Province." 
 
 This, Sir, is very true i and juftifies the Complaints of 
 the People, fo often exprefled in their Petitions againft that 
 AO:. They have had a long and painful I xperience of the 
 Inefficiency of the A6V ; they have feverely felt, and fuffered, 
 under the Confi.fion which that A61 introduced into the 
 Government of the Province ; they have been expofed to 
 the pernicious FfFcds of uncertain and undefined Laws and 
 to the arbitrary Judgments of Courts, guided by no fixed 
 principles or certain Rules ; and they have feen their pro» 
 perty In Conlcquence thereof, diflipated without a pofiibility 
 of helping themielvcs. It was thcfe Evils which induced 
 them to pray this Honourable Houfe, tliat the Aft, intituled, 
 " An Aft for making more efFeftu d provifion for the Go- 
 " vernment of the province of Quebec," might be repealed 
 in toto. But, Sir, the Bill now berore this Honourable Houfe 
 in the firtt enafting Claufe, propofes to repeal only that Claur<: 
 of the Qu:^t)ec Aft, which gives power to the Governor 
 and Council to make and enaft Laws and Ordinances. Sir, 
 that Aft has occafioned fo much Trouble in the Province, 
 that it has bee , me extremely obnoxious to that part of the 
 Inhabitants who, from Education, are able to look up to the 
 Source of the Evil, and to comprehend from what caufe the 
 confufion has proceeded. They have confidercd the Aft as 
 the Origin of all their trouble j and they flattered themfelves, 
 that in confequence of their earneft Solicitations it would b« 
 entirely repealed, fo as not to leave any part of an Object 
 which had given them fo much uneafinefs expofed to their 
 Vi^. Sir, 
 
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 ( « ) 
 
 Sir, though the prefent Bill declares, in the Preamble, 
 that the Quebec A6t is, " in many refpefts, inapplicable to 
 " the Condition and Circumftances of the Province." yet 
 it only propofes to repeal one Claufe. Will it be confider- 
 cd as doing Jufticc to the Declaration in the Preamble, or 
 to the Petitioners, or to the Province, to declare thus pub- 
 licly, that the A&. is pernicious in many Refpedts, and to give 
 the neceffary Relief only in cne point ? I have examined 
 the Quebec Aft with a good deal of care, but have not 
 been able to perceive any powerful Reafon for which it 
 ought to be preferved. There arc nine diftinft Heads or 
 Claufes in that Ad, and I cannot fee any thing in them, 
 individually or coUedively, which onakes it neceffary to build 
 the new Conftitution thereon. 
 
 Not, furely, the Firft Claufe, which regards the Limits 
 of the Province, as thefe are materially changed by the 
 Treaty of Peace of 1783. Not the Second, which repeals 
 the former Ordinances ; as they of courfe, were entirely done 
 away. Not the third Head, which relates to Religion ; that 
 is fufficiently provided for in the new Bill, Not the fourth, 
 which cftablifhes the ancient Laws of Canada — fo much of 
 them as are neceffary can be eafily provided for in the new 
 Bill. Nor the fifth, which regards the granting of Lands— 
 that is fettled in the new Bill. Not the fixth, which eftablilh- 
 es the EngUlh Criminal Law ; as that can be incorporated 
 in the new Bill. Not the feventh Head, which eftablifhes 
 the Legiflative Council ; as that is repealed by the firft 
 Claufe of the new Bill. Not the eighth, which impowers his 
 Majefly to creft Courts; as this object ought to be exprefsly 
 provided for in the new Bill. Nor the ninth, which efta- 
 blifhes the operation of certain Afts of Parliament i as that 
 is provided for by the new Bill. — In fhort I cannot perceive 
 any Realbn for retaining that Aft as part of the new Confti- 
 tution. Sir, I have underftood Government were fully con- 
 vinced, that what is called in the Quebec A6t " the Laws 
 of Canada," had not yet been defined j that, though Six- 
 teen Years have now elapfed fince that Aft began to Ope- 
 rate, it is yet to be determined, what, or how many of the 
 
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 [ 7 ] 
 
 Laws of France compofed the Syflem of Canadian Jurif- 
 prudence previous to the Conqueft ; or even if there was 
 any pofitive Syftem, particularly for Commercial T.anfafti- 
 ens. It is Intended by making the Quebec A 61 the foun- 
 dation of tlie new Bill, that we (hall remain in the fame 
 ftate of Doubt and Uncertainty, which ha" already given us 
 {o much trouble ; or that we are, in the n^w Legiflature, to 
 combat the prejudices and prepofTcflions of thof- our fellow fub 
 jefts, who being unacquainted with the nature, the princi- 
 ples, or circumllances of Mercantile and Perfonai Franfadi- 
 ons, are little inclined to favour them ? I might inftance 
 Scotland in this particular — how ftrenuoufly did the people of 
 tliat country contend at the Union, to preferve the whole of 
 their own Laws ? I believe it will be allowed :hat the Re- 
 lei vation has not been favourable to that part of the King- 
 dom i and the People of Scotland were at that time much 
 more enlightened than the Canadians are now. 
 
 Sir, this Honourable Houfe may perhaps be told that 
 many of the French Canadians efteem the Quebec Adh ; that 
 fome of them have exprefled their Approbation of it in Peti- 
 tions to his Majefty ; and therefore that great Refpeft ought 
 to be paid to the prejudices and prepofleflions of thofe People, 
 Sir, I have a veiy high refpeft for the prejudices of Fduca- 
 tion i every perfon, I fuppofe, has felt the EfFefts of them ; 
 they often proceed from the moft amiable motives ; and I 
 have known Men of the beft Hearts and of found under- 
 ftandings greatly influenced by them ; — but becaufe I refpedt 
 thefe natural defefbs in my Neighbours, would it be fair, or 
 honourable in me ro fofter, cherifli, and encourage them ? 
 
 Is it conferring any favour on a people to nurle and feed 
 prepofleflions, which, from their very name mufl: be confidcr- 
 edas Faults or Blemifhes ? No, Sir, for though it would be 
 extremely vrong to wound ihe feelings of a People by at- 
 tempting rudely to e: adicate their prejudices ; yet I confi- 
 der it as the duty of Government, inkindnefs to its Sub- 
 jedbs, to weed out thefe prejudices gently and by degrees. 
 
 The French Canadians have now been Thirty Years fub- 
 Jed to the Britifli Empire j they have had time to acquire 
 
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 (bmc of oiir Cuftoms and Manners, to ftudy in a certiiri 
 degree, the principles of our Laws and Conftitution ; and 
 I ftand before this Honourble Houfe the Agent, I have no 
 hefitation to fay, of a number of the moft refpefbable and 
 moft intelligent of thefe French Canadians, folicit the total 
 Repeal of the Quebec A 61. 
 
 The Inveftigation which was made by order of Lord 
 Dorcheftcr, in the Year 1787, into the pad Adminiftration 
 of Juftice in the Province, and which is in the Hands of 
 his Majcfty's Minifters, as well as the difputcs between the 
 upper and lower Courts in the Province fince that period, will 
 fiiew, that neither the Judges, the Lawyers, nor the People, 
 underftand what were the Laws of Canada previous to the 
 Conqueft. There has bfeen no ceitainty on any obje6l of 
 Litigation, except in fuch matters as regarded the Pofleflion, 
 Tranfmiflion, or Alienation of Landed Property, where the 
 Cuftom of Paris is very clear. I cannot, therefore, fuppofe 
 that this Honourable Houfe will confxdcr it incumbent on 
 them to gratify the prejudices of a part of the People, on 
 a point of fo much importance to the wholes an Objed that 
 muft continue, and perhaps encreafe, that confufion which 
 has too long prevailed in the Province, and which has brought 
 the Courts into Difrefpcft, and occafioncd much uneafineft 
 among the People. 
 
 I Ihall hope that this Honourable Houfe will repeal the 
 Whole of tne Quebec Aft in compliance with the defires 
 of my Conftitueats, French and Englilh, as being a Sta- 
 tute extremely obnoxious to them. One or two Ihort Clauf- 
 cs added to the new Bill, will provide for every part of that 
 Act which is necefiary to be retained. — We Ihall, perhaps, 
 find it fufficiently difficult to explain and underftand the new 
 Law i but it muft greatly encreae our difficulties if we are 
 obliged to revert to the Quebec Aft to know the full ex- 
 tent of our new Conftitution. 
 
 My Conftitucnts wifti to receive from the Britifti Parlia- 
 ment a new and compleat conftitution, unclogged and unem- 
 barrafied with any Laws prior to this period. Afts explaining 
 A^3, or amending Ads, however they may be proper and 
 
 ncceftary 
 
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 neceffary in the progrefs of regulation^ often involve tlic 
 Objcdts in greater perplexities and confufion; and it is of 
 the utnnoft Importance to the Tranquility of the Province, 
 that the new Conftitution (hould be clearj^ diftinifl, point- 
 ed, and intelligible. 
 
 The Bill now under the Deliberations of this Honoura- 
 ble Houfe propofes, in the fecond and fubfequent enacted 
 Claufcs, to feparate or divide the Province into Two Go- 
 vernments, or otherwife to eredl Two diftini5t Provinces 
 in that Country, independent of each other. I cannot 
 conceive what Reafons have induced the Proportion of 
 this violent Meafure. I have not heard that it has been , 
 the objed of general Wifh of the Loyalifts, who arc fet- 
 tled in the upper Parts of the Province; and I can affure 
 this Honourable Houfe, that it has not been deiired by 
 the Inhabitants of the lower Parts of the Country. I am 
 confident this Honourable Houfe will perceive the Danger 
 of adopting a Plan which may have the moft fatal Confe- 
 quences, while the apparent Advantages which it o^ers to . 
 View are few, and of no great Moment. 
 
 Sir, the Loyalifts who have fettled in the upper Parts 
 of the Province have had Rcafon to complain of the pre- 
 fent Syftem of Civil Government, as well as the Subfcrib- 
 ers to the Petitions now on the Table of this Honourable 
 Houfe. They have been Fellow Sufferers with us, and 
 have felt all that Anxiety for the Prefervation df their 
 Property, which the Operation of unknown Laws muft 
 ever occafion ; a Situation of all others the moft difagree- 
 able and diftrefllng, and which may have engaged lome 
 of thefe People, who could not perceive any other Way 
 to get out of fuch Mifery, to countenance the Plans of a 
 few Individuals, who were more intent to fupport their 
 own Schemes than to promote the true Intercit of Go- 
 vernment, in the general Tranquility and Profperity of 
 that cxtenlivc Country. But, Sir, even fuppofing that 
 this Divifion has been propofed, in Confequence of the - 
 general Wifh and Defire of the Loyalifts, I hope this Ho- 
 nourable Houfe will conlider, on an Objed of fuch vaft 
 , ,. ^ ' B Importance 
 
 / . 
 
J 
 
 L 
 
 10 3 
 
 r , 
 
 Importance as that of feparating for ever the Tnterefts and 
 Connediions of the People of that Countryj who from 
 local Situation were certainly defigned by Nature to re- 
 main united as One, that the Intcreft, the Feelings, and 
 Defires of the People of Lower Canada ought to be con- 
 fulted and attended to, as well as the wild Projed: of a 
 fmall body of People, who are thinly fcattered over the 
 upper Parts of the Province, who have not had Time to 
 enquire into and examine their relative *^ tuation, and the 
 natural dependa'ice which their Countiy muft have on 
 the lower parts of the Province. 
 
 Sir, in the Petitions now on the Table from my Con- 
 ftituents. Inhabitants of the Province of Quebec, this 
 
 ' Honourable Houfe will obferve they have complained, 
 that the Province has been already greatly mutilated ; and 
 that its Refources would be greatly reduced by the opera- 
 tion of the Treaty of Peace of i78j« But, Sir, they 
 could not have the moft diftant idea of this new divilion. 
 
 ' They could not conceive that while they complained ot 
 the extent of their country being already fo much reduc- 
 ed, as materially to prejudice their Interefts and Concerns, 
 
 • it would be ftill farther reduced and abridged If at the time 
 they penned their Petitions they could have fuppofed or 
 
 '" ferefeen this propofed Divifion, it would have furnilhcd 
 them with much ftronger reafons of Complaint, that their 
 Interclis would thereby be Injured. Sir, I am fure this 
 Honourable, Houfe will agree, that a Province ought not 
 to be divided into feparate and independent Governments, 
 
 . but on the moft urgent occafions, and after having fe- 
 rioufly and carefully weighed all the confequences which 
 fuch a reparation is likely to produce : For if from expe- 
 
 ■ rience the Divifion fliall be found dangerous to the fe- 
 curity of Gevernment, or to the General Interefts of the 
 People, it cannot again be re-united. That ftrong prin- 
 ciple of Nationality or National Prejudice, which at pre- 
 fent conneds the People of that Province to one ano- 
 
 " ther, as being Members of one State, who though fcat- 
 tered over an immenfe country, yet all look up to one 
 
 Centre 
 
VMiiaiPHi 
 
 Center of Government {or protection and reHef, is of theutmofl 
 confequence to the fecurity of Government, in a Country where 
 the Inhabitants are fo much difperfed. It is that political con- 
 nexion which forms fuch a Prominent Feature in the Cha« 
 rafter of all Nations ; by whjch we feel at firft fight a de- 
 gree of Fiiendfhip and Attachment which inclines us to 
 afibciate with, and to fcrve a Subje6l of the fame King- 
 dom i which makes us look on a Perfon from the fame 
 Country or Province as an Acquaintance, and one from the 
 fame Town as a Relation : And it is a faft which die Hifto- 
 ry of all Countries has eftablilhed beyond the poflibility of 
 a Doubt, that People are now United in the Habits of 
 Friendfli'p and focial Intercourfe, and are more ready to 
 afford mutual afliftance and fupport, from bein^ conneded 
 by a common Centre of Government, than by any other tie. 
 In fmall ftates this principle is very ftrong; but even in 
 cxtenfive Empires it retains a great deal of its Force i for, 
 befides the natural prejudice which inclines us to favour the 
 People from our own Country, thofe who live at the ex- 
 tremities of an extenfive Kingdom, or Province, are compel- 
 led to keep up a Connexion or Correfpondence with thofe 
 who live near the Centre or Seat of Government, as they 
 will neceffarily at times have occafion to apply for Favours, 
 Juftice, or Right i and they will find it convenient to re- 
 quefl: the Afliftance and Support of diofe whofe fituation 
 enables them to afford it. 
 
 I might here compare the different fituation of Scodand, 
 now united to England, and governed by the fame Legif- 
 lature, with fome other of the Dependencies of the Britifh 
 Empire ; but I confider it to be unneceffary, as the objeft 
 muil be prefcnt to the Recolledlion of every Member of 
 this Honourable Houfe. 
 
 I beg leave to mention as a Confideration worthy of the 
 attention of this Honourable Houfe againft the Dlvifion of 
 that Country, and the cftablilhment of a new Government 
 in the upper part of it, that the new Province will be en- 
 tirely cut off from all Communication with Great-Britain ; 
 that their Government will be compleat within itfelf ; and as 
 
 from 
 
 i 
 
I JIIWH'ii. iiiifiwiww"^ 
 
 npRtam^iMP^Mipi^^iPii mwniiBiiiin 
 
 ^i' 
 
 n 
 
 r 12 ] 
 
 from their fitiiation they cannot carry on any Foreign Com- 
 merce but by the Intervention and AfTift-ance of the Mer- 
 chants of Quebec and Montreal, they will therefore have lit- 
 tle occafion to Correfp. nd with Great-Britain, and few oppor- 
 tunities of mixing in the So iety of Britons. How far 
 thefe circumibnces may operate in gradually weakening their 
 Attachment to this Kingdom I fhall leave to the Refleflion 
 of the F honourable Members. 
 
 Thefe are confiderations which I have no doubt will have 
 due Weight with this I honourable Houfe ; and there are 
 many others of a general Political nature equally ftrong and 
 perhaps more pointed againd this Innovation, which will ne- 
 cefiarily occur in the confideration of the Subje61-. But 
 there i- one confideration, which is of the utmoft Import- 
 ance to the Tranquility of the People inhabiting all the 
 parts of that Country, and which will alone, I hope, be 
 Sufficient to engage this Honourable Houfe to rejecfl the 
 Plan of a new independent Government. I beg le..ve to 
 requeft that the Honourable Members will recoiled: and at- 
 tend to the Geographical fituation of that Country, from 
 which it wi'l appear evident that no Veflel of any kind can 
 proceed farther up the River St Lawrence than the City of 
 Montreal, on account of the Rapids, which are immediately 
 above that Town. Of courfe, as every article of Ntceflity, 
 or Luxury which the Inhabitants of the upper Diilrifts have 
 occafion for f om Britain, or any foreign Country mud 
 come to them by the River St. Lawrence, they muft be 
 landed at, or below Montreal, where they muft be ftor- 
 cd by the Me chants of Qiiebec, or Montreal until Carria- 
 ges and Boats are provided to fend them forward ; likewife, 
 that everv article of Produce which the People of thefe 
 upper Diftrifts willi to export, muft be fent in Boats to 
 Montreal; or perhaps to Quebec for the purpofe of being 
 fliipped for exportation ; and that as well the articles of im- 
 port as of export muft in pafTing through the Lower Coun- 
 try, become fubjefl: to the Laws, Regulations, Duties, and 
 "Eaxes, which may be impofed by the Legiflature of the 
 Lower Country. Now, fuppoling the Divifion to take place, 
 *' ■■ ■' ^' \- -'■ as 
 
».mi,vif'i-ynf!'V"":''Hr 
 
 '^immmn^w 
 
 are 
 and 
 ne- 
 But 
 
 )ort- 
 Ithe 
 be 
 the 
 to 
 at- 
 
 [ «3 1 
 
 as it may be expe(^ed that the new LegiAature of Quebec 
 fhall in due timt', provide a Revenue towards tlie fupport 
 of the Civil Government of that part of the Province; it is 
 rrore than probable that wha»:ever Money is raifed for that j or 
 any other Public Purpofe, will be done by Duties payable on 
 Importations. It is therefore an ob'"d that deferves the moft 
 ferious Refle6lion of the F^onourabie Members, to confidcr 
 how far the People inh biting the Upper Government 
 will approve of, and be content to p^y Taxes or Duties on 
 their Importations or Exportations, when'the produce of thofe 
 7 axes or Duties is to be applied towards lupporting the ex- 
 pences of the Civil Government of the Lower Province; 
 or for building public Edifices ; or otherwife improving or 
 beautifying that part of the Country ; or for the Purpofe 
 of granting Bounties or Encouragements to promote Agri- 
 culture, or particular Trades or Manufa6luies, of which 
 the People in the Upper Province cannot from their fitua- 
 tion, in any manner participate of the Advantages. 
 
 It is impoflible. Sir, if the Province of Quebec is di- 
 vided, for the Wifdom of Man to lay down a Plan for 
 thefe objeds that will not afford Matter of Difpute, and 
 create A nimofities between the Governments of the two 
 Provinces, which in a few Years, may lead to the mod le- 
 rious Confequences. This would be fowing the feeds of 
 Dillention and Quarrels, which, however cafy it may be 
 to raife, it will be found extremely difficult to appeafe. 
 
 I fee. Sir, that there has been an Amendment made to 
 the Bill in the Committee, relative to the Duties which may 
 be ordered to be levied by Parliament for the Regulation of 
 Commerce j which is, " that Parliament may appoint and 
 " diret"^ the Payment of Drawbacks of fuch Duties fo im- 
 " pofed ** This, Sir, I fuppofe, is intended to give Draw- 
 backs to the Upper Part of the Country, on fuch Goods as 
 are carried there which may hive paid Duties of Entry oil 
 importation into the Lower Country. But this will open 
 a wide door for Smuggling, in a Country where there is 
 no poflibility of preventing it ; and I am fure the People 
 of the Lower Country will not be pleafed to fee lafge Sums 
 
 of 
 
 'I 
 
 : ! *1 
 
 ill 
 
 1*1 
 
tmrn 
 
 I >4 I 
 
 of Money levied on the Importations, drawn back by Smug;- 
 glecs. This will be found a very incff'cdlual mode of provid- 
 ing a Remedy for an Objedl of that Importance, and may 
 have the moft ferious Conlcquences, by niifing Queftions 
 of the moft delicate, and Co ttie Province, of die nioft 
 intercfting Nature. 
 
 In Ihort, Sir, this Dlvifion appc:^rs to me dangerous in 
 every point of View to the Britilh Intercft in Amcri- 
 <. , and to the Safety, Tranquility, and Profpericy, 
 Ot the Inhabitants T)f every part of the Province of 
 Quebec. — It may, perhaps, have been alledged in favour 
 of dividing the Province, that the diftance which fome of 
 the Deputies of the Upper Diftri6ts will have to travel to 
 meet thofe of the Lower Diftri(5ls in Legiflature would be 
 inconvenient and expenfive, but Sir, is the Convenience of 
 Fifteen or Twenty Members of the Legiflature aa Object 
 of fuch moment, that the Tranquility of the Whole of 
 that extenfive C ountry muft be endangered to alfurc their 
 Eafe ? Do not Caithnefs and the Orkneys fend Members 
 to Reprefent them in this Honourble Houfe ? And I will 
 venture to afTure this Honourable Houfe, that it will not 
 be no; e difficult to travel in the inhabited pa: ts of that 
 Country than it is fiom the Orkneys to London. I beg 
 leave' on this point to bring to the Recolledlion of this Ho- 
 nourable Houfe, that the diftance from Quebec to Nia- 
 gara is about 500 miles, and that Niagara may be confi- 
 dered as the utmoft extent. Weft ward, of the Cultivable 
 part of the Province. For although there is a fmall fet- 
 tlement at Detroir, which is, and muft: be confidered of 
 of great Importance as a Poll to trade with the Indians, 
 yet it muft appear to this Honourable Houfe, from its fitu- 
 ation, it can never become of any great Importance as a 
 fettlemen*- the Falls of Niagara are an unfurmountable 
 bar to the Tranfportation of fuch rude materials as the 
 Produce of the Land. As the Farmers about Detroit there- 
 fore, will have only their own fettlemcnt for the Confump- 
 tion of their Produce^ fuch a confined market muft greatly 
 impede the Progrefs of fettlement and cultivation for ages 
 V to 
 
^PWWl"F 
 
 t 15 1 - 
 
 to come. Sir, as the greateft extent of the Cultivable part 
 of the Province Wcftwanl may be eftimated at 500 miles 
 diftance trom Qiicbec, the diftridts ofGafpe anu Chaleur 
 Bay arc almoft as far Eail of that Capital, beinp about 
 400 miles dldancc ; lb that Quebec is nearly in the Cen- 
 tre of the Cuhivablc part ot the Province j and when the 
 Roads are properly made, wnich will be the cale in a few 
 years, the dillance of either of theic places will not be 
 confidered as any material Objedion. 
 
 This Honourable Houlc will likweifc confider, that in 
 fuch an extenfivc Country it is impofiible to fix the Refi- 
 dcnce of government, c; the feat of Legiflature and fu- 
 perior Courts in any place where fome of the Members 
 of Aflcmbly, if they are Rcfidt-nts of the Diftridts for 
 which they are chofen, will not have a great diftancq, to 
 travel -, and therefore 200 or 300 miles is not an Objeft of 
 confequence, more particularly when it is confidered that it 
 will be through the old ietiled part of the Country, where 
 the Roads are toltrably good. Accommodations convenienr, 
 and Travelling expeditious. Befides, it cannot be expedled 
 that the new fettlcrs will be, for lome time 'iufficiently ad- 
 vanced in the cultivation of their farms to find it convc* 
 nient to be ablent from thrir Homes thrte or four months 
 for the Service of the Public, either to meet the Lrgifla- 
 ture in their own Country, or at Quebec ; and it is more 
 than probable that they would, for lome years at lead, pre- 
 fer choofing for their Deputies Gentlt-men rt (iding in Que- 
 bec and Montreal, who being connected with them in the 
 Line of Bufinefs, yill be fufBc iently interefted in the prof- 
 perity of thefe Countries to mnke them attend to any thing 
 that concerns the new Settlements. *. - -- ' i'- 
 
 All the Trade of thefe Upper Settlements, muft from 
 their Situation, depmd on, and Centre in Quebec and Mon- 
 treal. The difBculties of communication in the Mercantile 
 Line are already very great, and require much ptrleverance 
 and induftry tp overcome them. This intended divifion 
 will naturally create many' more Obrtatles : and will im- 
 ^ mediately be injurious to,- and cvcrttua-lly opcpate the ruin 
 of both Countries. Sir, 
 
[ i6 ] 
 
 Sir, it may have likewife been afTcrtcd in favour of 
 the Divifion, that the Loyalifls^j^ the Upper Dillridts 
 muft have a Code of Laws for Landed Property and in- 
 heritance different from that of the Lower Dilhidb, where 
 the Tenures are all on the Feudal Syftem ; but that is an 
 argument which cannot have any great weight with this 
 Honourable Houfe. The Ur.ion of England and Scotland 
 under one Legiflature flicws that though Two Countries 
 or Diilricts may have different Laws to regulate and go- 
 vern their Courts of Juftice, that one Legislature may be 
 fully lufficient for all the purpofes of Legiflating for both, 
 and can attend to the Laws and Regulations, or Alterations 
 that may become neceflary or convenient to cither. I have 
 rot heard that the people of Scotland have ever complained 
 that their interefts have been neglefted by the Britiffi Le- 
 giflature, or that fuch Laws or Alterations! as have ap- 
 peared neceflary have been at any time rcfufed : The up- 
 per Dillri<5ls, therefore, can have no juft: Caufe to be 
 afraid of being included as Members of the Province of 
 Quebec. 
 
 There are. Sir, between three or four thoufand families of 
 Loyaliflis iettled upon the Banks of the River Cataraqui, and 
 the North fide of Lake Ontario, in detached Settlements, ma- 
 ny of them at a great diflance from the others, befldes tbofe 
 on Lake Erie and at Detroit. Civil Government cannot 
 have much influence over a country fo thinly inhabited, 
 and where the People are fo much difperfed. During 20 
 years that I have refided in that Province I do not recoi- 
 led a Angle infl^ance of a High- way Robbery ; and the 
 Farmers confider themfelves fo fecure that they often go to 
 fleep without bolting their Doors. 
 
 The Crimes which have been brought before the Crimi- 
 nal Courts in the Province have been generally committed 
 in the Towns and their vicinity where the concourfe of 
 Strangers encourages Vice and Immorality, and where Idle- 
 nels, Drunkenels, and Diflipation, lead to Quarrels, Thefts, 
 ani^ fometimes, but very feldom to higher Cimes. U will 
 be evident from thele Fads, that a Criminal Judge will 
 
 have 
 
■ ' t '7 1 
 
 have very little to do in thcfe Upper Diftrifts where there 
 arc no Towns, and wher^ a Jirangtr mujl at gU fimes he a 
 dtfn able fight, • ^ •. ^^7 
 
 In the Year I7i,'8, Lord Dorchcfterin confei^uence of an 
 Ordinance of the Legiflativc Council divided thefe Upper 
 Settlements into four Diftrifts or Counties ; and for the Con- 
 venience of the People cftabliflied a Court of Common 
 Pleas in each Didridt, and api)ointfd JudgeSi Juftices of 
 the Peace, and Sheriffs for each i and thefe People fmce thaf 
 Time have had their Courts regularly. How far it may bt 
 proper to appoint a Chief Juftice, having Jurididlion over 
 thefe Diftridb to adt as a Criminal Judge >^hen neceflliry, 
 and, with a L ieutenant Governpr, to carry into effc6l the 
 Powers and Orders of Government, to form a Cour^ of 
 Errors or Appeal, to revife the Proceedings of the Courts 
 of Common Pleas, I fhall not prefume to fay, but fuch 
 an Edabhiliment cannot be any Impediment to the union of 
 the Country under one Legiflature j and I beg leave hum- 
 bly to fuggeft for the confideration of this Honourable 
 Houfe, whether a large Society from the Variety of con- 
 tending interefts which it includes, may not be more eafi* 
 ly managed and governtd, than when it is divided into fmalU 
 er and more cotnpaft Bodies. 
 
 Sir, by the Bill now under the Confiderntion of this Honour* 
 able Houfe it is propofed that the Office of Member of the 
 Legiflative Council, ma/ at his Majefty's Pleafure, be made 
 hereditary : that is, to form a kind of Nobility or Arifto4 
 cratic Body in that Province. This, Sir, is going farther 
 than the People have deOred, as this Honourable Houfe 
 will fee by their Petitions for diey have therein only requcft- 
 ed, that the Councillors Ihould hold their places during 
 their life and refidence in the Province. This they confi- 
 dered, was all that was necefiary for them to afk, or -that 
 was proper or expedient, for the prefent, to grant them. 
 The Idea of hereditary Councillors like many other Specu- 
 lative opinions, has more of Plaufibility in it, than of real 
 advantage. It is an experiment extremely dangerous in any 
 infant or young Colony, but it muft appear ablblutely ridi- 
 
 C cdoua 
 
 
 I 
 
 -'mrjv^ 
 
r 
 
 L 
 
 i8 1 
 
 I 
 
 V 
 
 eulous in the Province of Quebec ; where there are Co Tew 
 Landed Eflatcs of any confiderablc Valu< , and where, by 
 the Laws of Inheritance, thefe Eftatcs, muft, at every Siic* 
 cefTion, be fo much fiib-di voided. The Laws of Primoge- 
 niture, as followed in this Kingdom, rnablcs the Reprcfcn- 
 tatives of Noble Families to fuppoit the Dignity and Splen- 
 dour of their Situations, and to live in that State of Inde- 
 pendence which fecurts the proper Kefpeft to their elevated 
 Ranki as heeditary Peers of the Realm; but, Sir, the 
 French Laws relating to Succeflion and Inheritance, which, 
 by this Bill, are intended to regulate the Landed Property 
 of the ower Part of the Country, give to the Eldeft Son, 
 Cn the death of the Father, only one I lalf of thofe of his 
 Father's Landed Eftates, which are held by what is called 
 in the French Law Noble Tenure, that is, in Fief, and 
 Seigneury inmmediatcly from the Crown, The other Half 
 of thefe Eftates is divided amongft the other Children ; and 
 the Moveables as well as thofe Landed eftates which arc 
 held by Grant and ConcefTion fronv a Subjeft, which arc 
 entiled the Bafe Tenures, are equally divided among all tne 
 Children Male and Female. Therefore, as there arc 
 veiy few Gentlemen in that Country who poftefs Eftates 
 of the fiift Defcription, in Feif and Seigneury, which pro- 
 duce to them a clear Annual Revenue of 500I. Sterling, 
 this Honourable Houfc muft perceive the Impropriety of 
 making any Honourable Polls in that Country hereditary. 
 For thefe Eftates, from the mere Operation of Law^ inde- 
 pendent of the Imprudence of the Poireflbrs, muft at every 
 bucceflion be reduced to One Half j and, in two Genera- 
 tions, mtift inevitably fink into Infignificance j and the here- 
 ditary Councillors, from their Poverty become the Objtds 
 of Contempt to the Public. Sir, the amazing Progrefs of 
 Population in that Country, points out the little probability 
 there is of Places becomirtg vacant for want of Heirs. le 
 may, therefore, be found difficult in a few Years to fup- 
 port the Dignity of that Council by new Creations, without 
 increafing the Number of the Members too much. rV ;f 
 
 it 
 
 i i 
 
 fc. cwii 
 
C »9 ! 
 
 1 It may, per naps, be faid, Sh, t«. ^t the Families of tficfc 
 ficrcditary Councillors may be fup^* .ted in an independent 
 Situation^ by introducing the Laws of Primogeniture int6 
 the Conftitution of that Country. I (hall not attempt to 
 dilculs the Advantages or Diradvantage:i which that Law 
 produces in this Kingdom i but 1 can, without any hefitation, 
 aflTure this Honourable Houfe that it would be ciitremcly 
 injurious to th »t Province. The French Lav,, as followed 
 at prefent, is in that Refpeft much better cilcubted for 1 
 young Province ; where it is of great benefit and advan-<> 
 tagc to Cultivation and Population that Landed prope t/ 
 fhould be divided, and fluctuatCf and change its owners ; 
 and more particularly as fome Eftablifhment is neceflfary for* 
 the younger branches of Families, in a Country where there 
 arc no Manufactures, and where a young Perfon without 
 Fortune has few Opportunities pf fetting out in Life in 4 
 Refpeftable I-inc. • . 
 
 But fuppofe the Law of Primogeniture fhjlll be Eftablifh- 
 cd, and the Eftates of thefe new created hereditary Coun- 
 cillors thereby fecured undivided to the tldeft Son; fup* 
 pofe even, that the Eftates now belonging to thefe new 
 Councillors (hall be entailed on their Heir at Law j all that 
 would have very little effed, and thofe Eftates would be 
 far from fufficient to fupport the dignitv of hereditary Coun- 
 cillors, which, probably, would be confidered as the higeft 
 Rank in that Country. For poor as that Country really is, 
 in confequence of its Opprefllve Syftem of Laws they have 
 been kept under, thtTe are now, among the Mercantile 
 Gentlemen in the Province, thofe wh(ylfe moveable fortunes 
 are perhaps equal, if not fuperior to any of the St-igneuri- 
 al Eftates ; and who, from the Employment and Support they 
 give to thoufands of the People, have infinitely more influ- 
 ence in the Country than the Seigneurs* For, it Would 
 not be difHcult to prove to this Honourable Houfe that the 
 Seigneurs are almoft univerfaUy difliked by their Tenants j 
 But this is a natural Confequence of Feudal Servitude, 
 when its ftrong fupport, a flavifti dependence on a gr&a( 
 Chief, is removed. 
 
 C 2 From 
 
 ■"m^yy^ 
 
I '•' 
 
 ¥ 
 
 [ 20 1 
 
 From theft fa£^s I hope this Honourable Houfe Trill fee 
 the impropriety, and I may fay the danger of rendering 
 the place of Councillor hereditary in that Province. The 
 Country is yet too young, and the People is too much dif*. 
 perfed, to admit of that refinement ; and the fortunes are 
 too fmall to fupport an Eftabli/hment of that kind in a pro* 
 per ftile of Independence. * ii 
 
 How far it may be proper and judicious, if his Majefty 
 fhould fo incline, to confer hereditary Honours on Gentle- 
 men of tl\e greateft property and influence in that Country, 
 by way of attaching them more ftrongly to the Interefts of 
 Government, it would be improper for me in this place to 
 difcufs. But if fuch a plan is confidered expedi nt, thefe 
 hereditary Honours ought to be independent of the Place 
 of Councillor. Thefe Gentlemen may, at the fame time, be 
 admitted of the Council ; anH on the Demife of any of thefe 
 Honourable Councillors, the Son who fucceeds to his Fa- 
 ther's hereditary Honours may, if his Majefty pleafes, be 
 named tc fucceed to the vacan. feat at the Council Board } 
 for the place of Councillor will ever be confidered as Ho- 
 nourable in that country, unlefs it is degraded by the Infignifi- 
 cance and Inconfequence of the Members, which it is ex- 
 tremely probable will be the cafe, if the places are made 
 hereditary. — For fuppofing that the Councillors to be ap- 
 pointed in confequence of this Bill fliould really be thofe 
 who have tl.e greateft; influence and poflefs the greateft For- 
 tunes in that Country, this Honourable H6ufe muft per- 
 ceive, from the very fmall value of the Landed Fortunes, 
 that the only means of Accumulation in that Country mull 
 be by the operations of Trade and Commerce : And 5 
 think 1 may venture to aflert, that it is more thin probji- 
 ble in Twenty Years, nay, perhaps in Ten Years, a new 
 fet of mer. may come forward, who may have acquired 
 and realized fortunes much fuperior to any now in thai: 
 Country j and who, it is natural to fuppofe, will poifefs 
 a proportional degree of Political Power and influence. 
 
 I (hall hope that thefe Arguments arc fufficientiy powerful 
 
 to convince this Honourable Houfe of the Impropriety of 
 
 :, . . . « making 
 
 ■*B » 
 
 -. » 
 
II fee 
 
 :s are 
 pro* 
 
 ^a » 
 
 ■■ * 
 
 fnaking the Place of Councillor hereditary-, as \t may in a 
 few Years greatly embarral's Government, and be the meant 
 of degrauing the Ariftocratic Branch of the Legiflature, 
 from their Poverty or their Numbers, in the Eyes of th« 
 Public, which I fubmit as an obje<^ of very fcrious confi- 
 deration to this Honourable Houfe. ^' 
 
 I come now. Sir, to fay a few Words on the manner in 
 which this Bih provides for the Eftablifhment of a Houfc 
 of Aflembly or Reprefentatives of the People. The num* 
 ber of Reprefentatives who are to compolc this Branch of 
 ?,he Legiflacure for Lower Canada, is propofed to be not 
 fewer than Thirty — Sir, in all the free States of Antiquity 
 it was a general Rule that every free Citizen who chofe to 
 attend had a Right to give his Vote or Voice on every 
 public Queftion, either for making Laws or otherwile. It 
 is to Modern Times that we are indebted for that noble 
 invention by which a Large, Populous* and extenfive King- 
 dom may be Governed on Principles which effectually fe-* 
 cure the Liberty and Independence of the People ; while 
 the Government at the fame Time retains that Uniformi* 
 ty, Wifdom, and Dignity, which ought to chara<5terize a 
 great and free People Every Member of this Honoura- 
 ble Houfe muft have anticipated what I mean ; for the 
 Reprefentation of the People in the Legiflature by their 
 Deputies, is perhaps the greateft ftretch of Political Wil* 
 dom which the World has yet witneflcd. 
 
 By this happy Inftitution the People have the Opportu- 
 nity, at particular Periods, of chufing from among them- 
 felves thofe of their Fellow Subject or Citizens who are 
 moft remarkable for their Wifdom, Abilities, Honour, 
 and Independence j and of deputing them to meet the 
 Governors of the Kingdom, to revifs the Old, and ena6b 
 New Laws, to aflift in dfrcdting the Operations of Go- 
 vernment, and to examine into the Conduct of the Pul> 
 lie Servants. While the People, fatisfied that their De* 
 puty has every inducement to A6t with Propriety, from 
 the diftinguifhed Honour conferred on him by their Choice 
 and the great TiuH repofed in him, know likewife, that- 
 
 * the 
 
I ! ■ 
 
 I 
 
 \h 
 
 t *2 1 
 
 the Period will foon arrive, when he muft return into the 
 the general Mais; and that all his hopes of being re-cho* 
 fen muft depend on their Approbation of his Pad Con- 
 du<5t. The People being thus relieved from any particular 
 Attention to Public Affairs are left at full liberty to fol- 
 low their fevcral Occupations; to imploy their Talents 
 and Induftry to their own Profit; and each to enjoy the 
 Fruits of his Labour, or the Advantages of his Situation. 
 — Such are the Benefits which Reprcfcntation produces to 
 a free People ; and this kingdom has the diftinguifhcd Ho- 
 nour of having reduced it to a Proper, a Regular, and an Uni- 
 form Syftem. It is that Principle which has enabled the 
 Government of thefe Kingdoms to flow fmoothly on, with 
 an encreafmg Tide, for a long Series of Years, which has 
 raifedhertoa high Seat among the Nations; and, I hope, 
 it will continue to lupport her firm and fteady like the ve- 
 nerable Oak, am id ft Storms and the Tempefts which do or 
 may convulfe furrounding Nations. 
 
 I am happy. Sir, to fee that an Inflitution which has con- 
 tributed fo much to the Profperity of this Kingdom is, by 
 the Bill now under confideration, to be extended to the 
 Province of Quebec. The People of that Country have 
 long defired it, and often prayed for it , and I hope it 
 will enable them to promote and extend iheir Trade ; lo as 
 to afTift more beneficially in fupporting the Honour and cn- 
 creafing the Riches of the Empire. 
 
 But, Sir, to aflurc the Inhabitants of that Province the 
 Advantages which they ought to derive from that glori- 
 ous Inflitution, it is neceflary that the Reprefentative 
 Branch of the Legiflature fhould be compofed of a num- 
 ber of Members, fufficicnt to command the Refpeft and 
 afTure the Confidence of the People. 
 
 Sir, I beg, this Honourable Houfe will conflantly have . 
 in yicw, in difcuffing this Hill, that the Conftitution which • 
 they are now to cftablifh for the Province of Quebec, is : 
 not for the prefent Inhabitants only, who may amount to 
 170 or 1 80,000 Pcrfons ; but that it is intended as a perma- ; 
 neni Government for that Country ; where, I have not the.; 
 . 4 fmalleft 
 
 ■<^ 
 
fmalleft Doubt from the aftonifliing Rapidity with whicU 
 Population cncrcafes, th^ in 20 or 25 Years hence, there 
 will be at Icaft 500,000 Pcrfons ; and they will continue 
 to cncreafc in that progreflive ma..ner for a long period of 
 Years, as there are immenle Tradts of fertile Land in that 
 Country, yet ungranted, to Settle. --•;'* 
 
 • I do not wilh to propol'e to this Honourable Houfe that 
 iuch ft rift attention Ihotild be paid to the Proportion of 
 Voters and Reprefrntatives as has been followed in fome of 
 the American Colonics I do not think it is neceflary ; at 
 I conceive that plan has more the appearance of Equity 
 and Proprifty than it really poffeffeX*, for, the Deputies 
 when elefted, ought to confidcr themlelvcs as Peprefent- 
 ing the whole Community. But I hope that this Honour- 
 able Houfe will agree that in fixing the number of Repre- 
 fentatives fome Regard ought to be had, not only to the- 
 pi-efcnt Population of the Country, but likcwife to it* 
 ProgrelTive Increafe. 
 
 I fee by the Bill as it has been filled up in the Com* 
 mittee, that the Period of the Duration of the AflTemblf 
 is fixed at Seven Years. — However, it may be thought necei^ 
 fary that the Parliament of Great Britain ihould continue 
 Seven Years, for the purpofe of giving Uniformity and 
 Stability to the Operations of Government, the fame rea- 
 fon cannot be applied to the Povince of Quebec ? and 
 my Conftituents have therefore, by their Petitions, prayed 
 that their Aflembx^ fliould not be eledled to ferve for more 
 than Three Years : They oonfidered that Period would be 
 full long enough, and that it would relieve them from all 
 the Dilputes and Contefts about Eledions. I 0iall there* i 
 fore hope that this Honourable Houfe will change the 
 Period of the Duration of the Affembly from Seven to 
 l^hree Years, as my Conftituents have requefted. * 
 
 Sir, I have in my Hand a Plan of Conftitution for a 
 Houfe of Affembly which was framed and agreed on, in 
 the Autumn of the Year 1784, after mature Confidera- : 
 tion by the Englifh and French Committees, who were; 
 named and appointed by the People, to forward and fup* 
 "■ '-'"^ "' • * port 
 
 
t H 1 
 
 port their Petitions now on the Table of this Hftnmirable 
 Houfe. They conceived fome Information on that Subje(ffc 
 might be wanted here, and they thoimht it incumbent on 
 them to point out the Manner which, from the local Know* 
 ledge of the Country, appeared to them mod proper for 
 conftituting that Branch of the Legiflature. '> 
 
 In that Plan, Sir, they have ftated it as their Opinion, 
 that the number of Reprefentatives ought not to be fewer 
 than 60 Members. Sir, I mull again requcft this Ho- 
 nourable Houfe not to lofe fight of the amazing progrefs 
 of Population in that t ountry j and when that it is confi- 
 <Jered, I am confident that 60 or 70 Members will not be 
 regarded, even at prelent j as too great a number fur that 
 ]^ranch of the Legiflature i moie particularly, if this Ho- 
 oourabie Houfe will attend to the natural Situation of Pubr 
 lie Bodies of that kind j — that, at Times, fome of the 
 Members may be excufed from attending their Duty in 
 the Legiflature, in Confequence of their being employed 
 in the Service of Government ; that others, again, may be 
 excufed from the prefling nature of their Private Affairs j 
 ^nd fome, perhaps, on Account of Sicknefs Therefore, 
 fromthefe and other natural Incidents, it is not likely that 
 more than Two Thirds of the Number eledled, will ever 
 meet, at One Time, in the Legiflature ; which even fup- 
 poflng the number of Members propofcd in the Plan of 
 die (Jommittees fliould be adopted, is perhaps, too fmall ^ 
 number to imprefs on the minds of the Public that Ref- 
 ped for their Deliberations, and Confidence in the Wifdom 
 and Neceffity of their Afts, which is fo necefTary to the 
 iTranquility and Stability of the Government. 
 
 Sir, it is propofed, by the 14th Claufe of the Bill, to 
 give to the Governor the Power " to Divide the Province 
 into Counties, Diftrids, or Circles, and Towns, an4 
 Townfliips, and *o appoint the Limits thereof, and to 
 declare and appoint the number of Reprefentatives 
 to be chofcn by each of fuch Diftrifbs, &c.*' I do not 
 mean to doubt the Prudence or good Intentions of the Per- 
 f$3ka who, may be Governor of .§ie JProvinc^ at the Time 
 \. ' ' ' ' when 
 
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 whcrt that motncntom Arrangement is to be made ; but it 
 is certainly placing hiri in a very dangerous Situation, and 
 is fubjeding the Province to the arbitrary Will ot One 
 Perfon, on an Objeft of the utmoft Importance to their Se- 
 curity and Tranquility, By this Claufe the Governor may 
 order that One Diftridt or Townlhrp (hall ele6l the fame 
 >J umber of Reprefentatives as another Diftridt or Town- 
 Ihip containing Ten times the Number of Inhabitants; 
 He may throw the whole Weight of Reprefentation into 
 or part of the Province, to the great Detriment and Pre- 
 judice of the other ; and may reader a free Reprefentation, 
 which we confider a mod invaluable Acquifition, injurious to 
 the InterelVs of the Country. I likewilc obferve by the 
 fame Claufe, that the Governor is to be veiled with the 
 Power of nominating and appointing, from Time to Time, 
 the Returning Officer,' Sir, this is placing the whole Pow- 
 «tr in the Hands of the Governor ; he is to divide the Pro- 
 vince as he pleafes, he is to order the Proportion of Re- 
 prefentatives as he pleafes, and he is to have the Power of 
 naming whom he pleafes to Ad: as Returning Officer. Sir, 
 the Freedom and Independence of the Legiflature is an 
 Objedb of the utmoft Importance to every Country j and 
 it has been one great Caufe of Complaint againft the Que- 
 bec Aft, that the Legiflature was too much dependant on 
 the Governor. But, Sir, I know, that tnis Honourable 
 Houfe will not place fo much Power in the Hands of any 
 Man, particularly where there is no Refponfibiliiy. I know 
 this Honourable Houfe will make fuch Provifion as will favc 
 the Province from the dangerous Conlequence of fuch un- 
 limited Pov/er. Sir, the Diftribution of the R reprefentati- 
 on is an Objcifl of the greateft Importance to the Province, 
 and ought to be fettled in a certain Degree by this Honour- 
 able Houfe, I hope J may be excufed for prefuming to fay 
 that there has been a Radical Defe6t in the Reprefentation 
 of all our American Colonies. From the nature of the 
 Settlements there are few Towns in thefe Colonies, and as thefe 
 Towns have had only their Proportion of Reprefentatives, 
 the Landed Intereft has always been too prevalent, and has, 
 
 D at 
 
II, 
 
 \i 
 
 
 { *6 ] 
 
 at Times greatly opprefled the Commerce and impeded the 
 Operations of Government. In this Kingdoiji, Sir, of 558 
 Members, of which this Honourable Houfc is com poled 
 there are only 122 Knights or Rcprefentatives of the Land- 
 ed Intereft. I do not mean to enter on the Difcufllon of 
 the Propriety of that Divifion, but I hope it will be 
 allowed that the Towns ought to have fuch a Proportion 
 of Rcprefentatives as to preferve the Equilibrium be- 
 tween the Two Interefts, which is for the general benefit of 
 both. In the Province of Quebec, Sir, we have in faft only 
 Three Cities or Towns ; and if thefe are to have only the 
 Proportion of Rcprefentatives which their numbers bear to 
 the general Population of the Province^ they will have a 
 yeiy fmall Reprefentation indeed, not above a Seventh or 
 Eighth Part. This is a Confideration worthy of the atten- 
 tion of this Honourable Houfe, and I hope they will deter- 
 mine on and fettle the Proportion of Rcprefentatives for 
 the Towns, Sir, if it is intended by the Bill in propofing 
 a fmall number of Rcprefentatives, for the Houfe of Af- 
 fembly to through a great Degree of Weight and Influ- 
 ence into the Elands of Government, the Propofer will cer- 
 tainly be deceived by a fpecious and fpeculative Idea ; for if 
 the number of Deputies is limited to a fmall Scale it will 
 only occafion the Ele6lions to be more violently contefted ; 
 and I am fure, that the Government of the Province will 
 have a much better Chance of retaining a proper Degree of 
 Influence in that Houfe, when it is compofed of a con- 
 fiderable number of Rcprefentatives, than if it is limited 
 as propofed by the Bill. , ;: 
 
 I likewife obferve that by the 25th Claufe of the Bill it 
 is enabled, that it fhall be lawful for his Majcfty to autho- 
 rize the Governor of the Province to fix the Time and 
 Places of holding the Firfl, and every other Seflion of the 
 Legiflature. This, Sir, will be lodging a power in the hands of 
 the Governor of the moft formidable Kind. He muft, to be 
 fure, be the propereil Judge of the Occafions which may re- 
 quire the InterterreiiCe of the Legiflature ; and therefore it 
 is proper and neceflary that the Times of Meeting fhould 
 
 in 
 
 
i »7 1 
 
 In a certain degree, be left to his Difcrction ; but the 
 fame Neceflity cannot be allcdged for giving him the Power to 
 fix the Place of meeting every Time the Legiflaturc is to 
 be Aflembled. This is a power, which though intended to 
 anfwer the beft, may be perverted to tne very worft of pur- 
 pofes, in fuch an extenfivc and thinly inhabited Country, 
 I'he Public Expences of the Province may be greatly cn- 
 creafcd by this ambulating Legiflature ; and this power may 
 be greatly exercifed to the general Inconvenience and Dif- 
 trefs of the Members of the CcMncil and Aflembly. They 
 may be called from one end of the Province, to the other, 
 and ordered to meet in Places hurtful to their Feelings, in- 
 jurious to their Health, and where it may be im^oflible 
 for them to communicate with their Conftituents, or to 
 procure the neceflary information on fuch Objefts as may 
 be fubmitted to their Deliberation. I hope, therefore this 
 Honourable Houfe will ftrike out that Part of the Claufe, 
 by which the Governor is to be empowered to change the 
 Place of Meeting, which ought certainly to be at the Scat of 
 Government. If any exception is neceflary the Legifla* 
 ture with the concurrence of the Governor may fettle it. 
 
 Sir, it may perhaps be expefted, from the 14th Claufc 
 of our Petitions, that in Confequence of our being allow- 
 ed Reprefentatives in the Legiflature, the Province fliall 
 immediately raife the neceflary funds for defraying the Ex- 
 pences of the Civil Government. r 
 
 I acknowledge that it is the Intention of my Conftituents 
 that the Province fliould fupport thefe Expences. 1 will 
 hy farther, it is a Shame the Province has not paid thefe 
 Expences many Years pafl:. But there are Situations, when 
 the Impofllbility of doing what is right and proper obliges 
 an Individual, or a Public, to fl:ifle that keen benfe of 
 Shame, and to expofe their inability to perform thofe Duties 
 which of Right ought to be expeded from them. ;. /;.i 
 
 Sir, that Province has been fo long opprcfled by an arbi- 
 trary Syftem of Government, and the Tyranny of uncer- 
 tain and unknown Laws j ^e Country has been fo much 
 negleded, and every Objeft of Induftry and Improvement 
 
 D 2 apparently 
 
 in 
 
 ii' 
 
t ^ 
 
 T ^8 ] 
 
 tpparcntljr difcmintcnanccd, as to be now -reduced to fuch 
 a State of Languor and DcprefTion, that it is unable to 
 provide for the Expcnces of it3 Civil Government. There 
 have been Men of a confiderable Degree of Enterprize 
 and Mercantile Abilities in that Province, who, following 
 the Impulfe of their Minds, have attempted to encourage 
 Induftry and promot-^ Improvements. But the feeble and 
 (ingle Efforts of a few enterprizing Individuals could not 
 counteract the wretched Effedls of, or combat with any prof- 
 pe(5l of Succefs, Vices were deep rooted in the ConftitutioR 
 pf the Country. The Confequcnce has too generally 
 been, that their Expectations were diflippointed, their 
 Fortunes difTipated, and their Friends involved. A(k the 
 Merchants of London, trading to that Country, in what 
 Situation that Trade has been for the lad twelve or thirteen 
 Years. They will tell this Honourable Houfe that it has 
 been extremely heavy and ruinous ; that feveral of their Bo- 
 dy have been totally ruin d by the Lofles which they have 
 met with in that Country, and all of them have fufFered 
 confiderably in their Fortunes; that the Trade is ftili heavy, 
 and though, from the abundance of the laft Crop, they have 
 freafon to expeft confiderable Returns this cnfuing Seafon, 
 yet the Country will not be able to acquk the heavy Debt 
 which has fo long hung upon it. 
 
 Sir, we may be reproached, perhaps, for our Poverty, 
 nay, we have already been reproached by fome ungenerous 
 Minds, with our unhappy Situation ; but it is a Misfortune to 
 be Poor, not a Crime, it is not a natural, if not an infal» 
 lible Effedt of Arbitrary Government ? Have not Pover- 
 ty and Wrctchednefs ever been the Attendants of Arbitrary 
 Power ? Italy, Sicily, Greece, Afia, Minor, and the Coaft 
 of Barbary, were rich, populous, and powerful Countries 
 while they enjoyed free Governments. It is not neccflary for 
 me to remark on their prefent Situation. 
 
 Sir, to recite all the Species of Opprefllon which that 
 Country has fuffered, would encroach too much on the In- 
 dulgence of this Honourable Houfe. We have been told, 
 that Ignorance and Poverty were the belt fecurities for the 
 •xiw .'• 'J»vU Obedience 
 
Obedience of the Subjedl; and that thofe who did not ap» 
 prove of thefc Political Principles, might leave the Coun^ 
 try. We have, however, the Happincfs, Sir, this Even- 
 ing, of feeing our Affairs fubmittcd to the Infpcdion and 
 DifcufTion of this Honourable Houfe. But, Sir, we have had a 
 long and painful Struggle to arrive at this dcfirable Ifllic. 
 We have had to encounter nunnberlefe difficulties, which the 
 Pride and Infolence of a fet of Men, whofc Minds were 
 corrupted by the Exercife of Defpotic Power, have thrown 
 in our way, in every Step we have made ; and it is only br 
 great Pcrfeverance that we have been able to overcome thek! 
 Difficulties. But, during this long Conteft, the Country 
 has been exhaufted j and we hope this Honourable Houfc 
 will exercifc that Tendernefs and Generofity towards us» 
 which our unfortunate Situation requires. Such, Sir, has 
 been the unhappy Tendency of the Government of that 
 Province, that not only the People have been opprefTed, 
 and the Refources of the Country neglcded, but almoft 
 every Public Building in the Province has been fufFered 
 to fall to Decay and Perilh. There is not a Court Houfe 
 in the Province, nor a fufHcient Prifon, nor a Houfe of* 
 Correftion : There is not a Public School Houfe. In Ihort, 
 the Country is reduced abfolutcly to a State of Nature. 
 Thefe are Objefls which will require the immediate Atten* 
 tion of the new Legiflaturc. Befides a Houfe muft be pre- 
 pared for the Reception of the Legiflature. The travel* 
 ling cxpences of many of the Members muft probably be 
 paid, and perhaps a Daily Pay during the Time of fitting. 
 Taxes or Duties muft be laid on the people, to build the 
 necefTary Edifices, and to provide for thele and other Pur- 
 pofca ; which, added to what may be necefTary to be Em* 
 ployed in Bounties and Premiums, to engage the Farmers 
 to change their prefent miferable Syftem of Farming, and 
 to encourage the preparing of our Produce in a better man- 
 iier to fuit the different Markets will be as much as the 
 Province can polTibly raife for fome Years. 
 . It may, perhaps be faid that Britain has been burthcned 
 already too long with the Expences of our Civil Government* 
 
 • . , , . ■ .. *-Sii^ 
 
t 30 ] 
 
 •^-Slr, I agree that it has been too long the Cafe ; but it has 
 not been our Fault. It might have been othcrwile many 
 Years ago, if our Petitions had been attended to. We 
 have made eveiy exertion in our Power to procure a Confti- 
 tution, which, in its Operation, would have relieved Great- 
 Britain of that Annual Expence j but, from certain Politi- 
 cal Reafons, alfolutely unknown to us, we have not chus far 
 fucceeded in our Endeavours for that purpofc. It mull ap- 
 pear to this Honourable Houfe that it is no more than 
 fair, now wc arc to be allowed to participate in the Diredlion 
 of our own Affairs, that they ought to be delivered over 
 to us in a proper State. I therefore hope this Honourable 
 Houfe will either order the neceflary Provifion for the Pur- 
 pofes I have mentioned, or releafe the Province jf the Ex- 
 pences of tl^e Civil Lift forac .tain number of Years: 
 For though Britain, Sir, had expended for many Years large 
 Sums in that Province for the maintenance of the Civil 
 Government, as the People during all that Time, were de- 
 prived of exerting the Power of their United Efforts to en- 
 courage Induftry ; and to dired it to thofe Objedts which 
 would be moft profitable to the Community, and of courfc 
 to the Empire at large, the Money has been expended in 
 vain, and the Province at thr; fame time has been almoft 
 totally ruined. 
 
 It is a Rule I believe univtrfally followed in common 
 Life, when the Alternative of Two Difficulties is given al- 
 ways to choofe that which is likely to produce the leaft 
 Evil i and, I prefame, the fame Rule may be adopted 
 w" ' Advantage in Politics. We truft, therefore, that in 
 arranging the new Conftitution, this Honourable Houfe will 
 fave us from the Troubles ^nd Difficulties which muft re- 
 fult from the Plan propofed in the Bill ; for under a new 
 Conftitution, it will evidently require fome time, not only 
 to make the People fully acquainted with the great advan- 
 tages of a Free Conftitution, but alfo to make them fully 
 comprehend all the Duties which a free Government requires 
 of the Subjeds i and this Honourable Houfe muft perceive 
 the great Danger of dividing the Province and of dif-unit* 
 ing the People, at fuch a critical period. Sir, 
 
t 3' 1 
 
 Sir, X have conftdered the Subjcft a Thoufand times fincc 
 I firft heard of this intended Divifion, but have not been 
 ablf to form any reafonablc Idea of the motive which has 
 induced the Propofition of fuch a dangerous Experiment. 
 Jf I (hould admit, what I do not believe is the Cafe that 
 the l^oyalilh fettled in the Upper Parts of the Province 
 have generally requefted tliis Separation I know that the 
 Wifdomof this Houfe, before complying with the wild re- 
 quells of a People, will confider it as necelTary to enquire 
 into the Reafons which may have engaged them to prefer 
 fuch Petitions j for a People may be deceived in Political 
 plans by the Ipecious pretences of defigning Individuals. 
 Inllanccs of this are, perhaps, within the RecoUeftion of 
 every Member of this Honourable Houfe. — When the 
 l.oyalifts began their Settlements, in the Year 1785, the 
 Lands were then entirely covered with Woods; they had 
 therefore to clear the Lands and to build themfclves Hou- 
 fes, and, on that account Government generoufly aflifted 
 them, by furnifliing them Provifions, and many other Arti- 
 cles neccflary for a new Settlement: and though I will al- 
 low that they have, for the Time, made great Progrefs, yet 
 I may fafely aflure this Honourable Houfe that, before laft 
 Year their farms had not furniihed them with more than 
 a bare Subfiftence, and if it had not been for the com- 
 penfation which they, with many others, received from the 
 Generofity of this Nation many of them mull have been at this 
 Period in great Diftrefs. Can it be fuppofed then, that a 
 People, difperfed as they are, and whofe Minds have thus 
 far been entirely occupied in procuring the Means of Sub- 
 fiftence, have had time to confJer of their Political Situation, 
 or that they have been able to procure fuflicient Informa- 
 tion on the Confequences of fuch a Separation, as would 
 juftify fuch a Requelt to the Britilh Legiflature ? 
 
 Will any Perfon allure this Honourable Houfe that the 
 Loyalifts fettled in the Diftrid of Lunenburg, which joins 
 the Diftrid of Montreal, have adviled and confulted with 
 thofe who are fettled at Niagara or Detroit on the Proprie- 
 ty of this Meafure ? 1 am confident, Sir, that no Perfon 
 
 will 
 
t 3» T 
 
 will tflcrt any fuch chine } for I brlieve I may truly fify, (hat 
 few of the People of incfc different Settlements have even 
 fccn one another fincc they began their Settlements, ex* 
 cepc perhaps in pafTing to Montreal. 
 
 What kind of a (jovcrnment muft that Upper Part of 
 the Countiy form ? It will be the very mockery of a Pro- 
 vince, three or four Thoufand Families fcattered over a 
 Country fomc hundred miles in Length, not having a fin- 
 gle Town, and fcarccly a Village, in the whole Exicntj It 
 IS only making weaknefs more feeble, and dividing the 
 Strength of the Province to no Purpofe. Sir, a mcafure 
 of this Importance* ought not to be adopted on the Suggcf- 
 tion of One or, a few Individuals. The Happinefs, Tran-. 
 quility, and Security of every part of the Province is in- 
 volved in its Confequences ; and 1 cannot doubt that the 
 Britifh Legiflature will attend ro the Interelh of the Peo • 
 pic of every part of die Province. But, it will be faid 
 that the People inhabiting the Province of Quebec have 
 been confulted on this grand Quell ion ^ Will any One af-* 
 furc this Honourable Houfe that this propofed DiviOon has 
 been approved of by the /»W//<jw/j of that Province ? or 
 that they have by their Petitions requefted it ? If any 
 fuch Petitions (hall be laid before this Honourable Houfe, 
 I hope the Honourable Members will confider, not only 
 the apparent Motive and Tendendency of the Requeft, but 
 likcwife the Kcfponfibility, Influence, and Numbers of the 
 Petitioners. Sir, if I recolledl right, it was faid at palTing 
 the Quebec Aft in I774, that the French People had peti- 
 tioned for the Introdudti )n of the French Laws and Syftemt 
 c>F Government into that Province. The names of the 
 Fiench Inhabitants had, of courfe, great Influence on the 
 l)cliberations of Parliament j as, at that Time, they form- 
 ed perhaps. Nineteen Twentieths of the population of the 
 Province. But, Sir, if thefe Petitions had been fubmitted 
 to Parliament, it would have appeared fo far from compre- 
 hending the whole French People, that they were figned 
 by a very fmall Number of them, only about 100. And 
 that^ even among thefe^ there were many infigniflcant names. 
 
 The 
 
 The Bill 
 
 the Petitio 
 
 fer that the 
 
 pafs the Q 
 
 the Subjcdl 
 
 Confufion 
 
 greater tha 
 
 We Houfe. 
 
 entirely 01 
 
 June laft, 
 
 our lad A] 
 
 the Provir 
 
 Houfe is' 
 
 the Parties 
 
 fion in thii 
 
 the Cafe, 
 
 Lawyers, 
 
 pofed the 
 
 the Syften 
 
 underftooc 
 
 k neceflfli 
 
 Sixteen 1 
 
 and Law] 
 
 Frvri):ifi I 
 
 ec Aft : 
 
 tical Plan: 
 
 formation 
 
 tended tc 
 
 that the j 
 
 fufficienti 
 
 ture} k 
 
 in framin 
 
 mities of 
 
 to be coi 
 
 jeftions 
 
 atelyi fo 
 
 the Objc 
 
 re^foftvibl 
 
 X«' ^ 
 
r J3 t 
 
 The Rill befbre'this Honourable Houfc this Evening, xtA 
 the Petitions now on the 'I'ablc, are the beft Proo^ 1 can of* 
 fcr that the Petitions on which it was thouj^ht expedient '• 
 pafs the Quebec Aft did not afford fuch full Information on 
 the Subjedt as to iuflify the Principles of that A&. The 
 Confufion which has enfued in confequence of that Aft il 
 greater than it is pofllble for me to exprefs to this Honoura** 
 ble Houfe. It is evident that a Sydem of Law was adopted 
 entirely on a fuppofed Idea } for fo late as the month of 
 June laft, in the High Court in this Kingdom, to which 
 our lafl Appeal at prefent lies, in a Caufe Appealed from 
 the Province, in which an Honourable Member of this 
 Houfe is interefted, the Court ordered the Lawyers of 
 the Parties, who were of the higheft rank of their i'rofei^ 
 fion in this Country, to agree on and draw up a (late of 
 Che Cafe, and to fend it to Paris for the Opinion of Frencli 
 Lawyers, to afcertain the L^aws in Force, and which corn* 
 pofed the Syftem of Canada^ previous to the Conqueft. tf 
 the Syftem enafted by the Quebec Aft had bteti ptopcf\f 
 underftood, I cannot fuppofc the Court would have foimj 
 k neceflbry to order fuch a Reference i and fo that after 
 Sixteen Years Experience and Inveftigation by the Courts 
 ifid Lawyers, we are now waiting for the Opinions of 
 Prsr)):jii Lawyers to know wh*»t was intended by the Quf- 
 ec Aft : But fuch muft ever be the confequences of PoU^ 
 tical Plans and Schemes when adopted • without proner In- 
 formation and full Inveltigation, particularly if they are in* 
 tended to Operate on Countries fituate fo far diftafit, thit 
 that the probable Effefts and Confequences can fcarcely be 
 fufficicntly known to the Members of the Britilh Legifla- 
 ture } it therefore requires great Care and Circumfpeftion 
 in framing any Aft which is to Operate on the Extre- 
 mities of the Empire -, every kind of Information oiight 
 to be courted from all Quarters and from all Parties -, Ob- 
 jeftions ought to be received and heard coolly and difpaffidn- 
 ately j for though much of the Information, and man^' 6f 
 the Objeftions may not be pertinent to the |Subjeft, it is 
 leafoftvible to expeft that fuch Conduft would procure Light 
 
 fi on 
 
 
 I 
 
^^•■ww^^^ 
 
 t 34 1 • 
 
 cn many points with regard to the fituation of the Coun- 
 try, the Deares of the People their local Cuftonns,. Manners, 
 and Laws i and it would afford a nnore certain Profpedt 
 of arranging a Conftitution that would anfwcr the Purpofes 
 intended, of fecuring to the People their Rights and 
 privileges, of fupporting the Dignity, and of giving 
 Strength and Energy to the Government in the Way moft 
 agreeable and eafy to the Subje6l, but more particularly if 
 the Objeft of the A61 is likely to produce Difficulties, 
 which cannot afterwards be removed but with much Trouble 
 and perhaps Danger. 
 
 For, though it is a very eafy Matter to draw a line , f 
 Divifion acrofs the Map of a Country, it is extremely 
 difficult, at 3,000 Miles Diftance, to forfee or afcertain .he 
 confcquences which luch a Partition may produce. The 
 People cf the whole Country ought to be confulted on a 
 Matter of this Importance, as it may be found no Eafy 
 Tafk to perfuade them of the Propriety or Ncceffiry of the 
 Meafure, particularly if they find their Intcrcfts or Tran- 
 quility are materially affedled by it. 
 
 If, Sir, the Quebec Adl was hurried through Parliament 
 with too much Rapidity, and in its confeqpences has invol- 
 the Inhabitants of that Province in Difficulties, Troubles, 
 and Uneafinefs, it is the more ner:Tary now, in fettling 
 the New Conftitution for that Courtiy, to proceed with 
 Care and Attention, (6 as to prevent further Complaints, 
 and to fatisfy the People. Their Mind^, have been long 
 harraffed with Uncertain Laws, and bad Adminiftration j 
 and they will now be feelingly alive to auy thing in the 
 new Conftitution v/hi:h has the appearance of continuing 
 their Trouble. Their Defire is, that 2 Conftitution may 
 now be fettled by Parliamerc, that will fpread its genial 
 Influence over the Whole of that extended Country, and 
 unite the People in one firm Bond of Attachment to 
 Great Britajn, by the flrong .ft of all Ties, thofc of general 
 and Individual Intereft. 
 
 Sir, when we propofed that the Province ftiould, as foon 
 as her AfTuirs are brought into fome kind of Order, raife 
 
 the ' 
 
i.giii|i|liip.iip«i|iip.i,ii , 
 
 V f 35 1 
 
 the neceflary Supplies for defraying tlie Expenccs of its 
 Civil Government, we confidcred it ? Duty we owed to 
 the Empire to relieve Great Britain of that Charge ; but 
 if the Province is divided as propofed in this Bill it will moft 
 effedtually dcftroy our Hopes and good Intcniions in that 
 Refpeft ; for although I have no Doubt that the united 
 province will, ii- a Ihort Time, be able to raifc fufficient 
 to relieve Great Britain of the Expsnces of our Civil Go- 
 vernment, I can, without Hefitation, affure this Honourable 
 Houfe that it will be abfolutcly impoiTible for thenn to raifc 
 xufncient to fupport Two Governments. 1 
 
 The Loyalifts who are fettled in the upper Part of the 
 Province are at a great Diftance from Foreign Navig'cion 
 and muft therefore be at great Expence of Time and La- 
 bour to tranfport fuch Part of their Produce as they can 
 fpare to a Place of Embarkation j or they muft fell it at a 
 very low Price to enable the Purchafer to tranfport it there, . 
 and they muft at the fame Time pay a high Price for every 
 Foreign iirticle they have occafion for. Therefore, though 
 they may aTift the Lower Country in the Article of Public 
 Expenc'i, and add to the Confequence and Power of the 
 Uni led Province, they cannot be expected to raile any think 
 like fufficient for the Expences of a Province j and Britain 
 muft c<;.:tinue to pay Annually as much for the fupport of 
 the Civil Government ot the Upper Diviftor., as has been 
 paid for the whole Province, befides what may be neceflary 
 to fupport the Lower Province. This will be continuing 
 the Burthen of Great Britain, and encrcafing ours to no 
 r>ur(>ofe. 
 
 Sir, though it may be necelTiry, for the convenience of 
 the People, with regard to the diftribution of Juftice, to 
 divide an Extenftve Country into fmall Diftrids, I hope 
 I lb all be excufed for faying that I think it muft be danger- 
 ous to the Tranquility of Government to Divide it in tha!; 
 manner for the Purpofes of Legiflation. j- ^ ^ • / j.: 
 
 If at any future period Experience fhall point it 6ut as 
 expedient for j;he Advantage and Safety of Government, or 
 for the general Convenience and Profperity of the People, 
 
 £ 2 to 
 
wmm 
 
 wmm 
 
 I I 
 
 ^ 
 
 4ivi(3c that Coufitry, it may then be done with more Jtid^ 
 inent from a more certain knowledge of the confequenccs 
 of fuch a Divifion. The Inconveniences that may arife 
 from continuing the Province united under one Legiflature are 
 few, and they are well known and underftood. The advantages 
 lire Unanimity, t^nutual Support and Strength ; but no Man 
 can tell the dangers of a Separation. The I')angers howe- 
 ver to be apprehended are. Political ff^eaknefst Di/union, 
 Animofities, and Quarrels. 
 
 Sir, I know it m^ft be extremely difficult to arrange and 
 iettle a Conftitution for a Province fituated at 3,000 Miles 
 Diftance, and contaitjing fo many Inhabitants, without full 
 and ample Information of the relative Situation of the Court* 
 try; of the nature of the Settlements; and of the Defiresj^ 
 the Wants, and the Opinions of the Inhabitants ; or at leafi 
 of thofe of them who are the heft 'nvbrmed, and who have the 
 greateft Influence in the Cov *• 1 know further, that a 
 great degree of confidence ought to be given to the Reports 
 of the Officers placed by his Majefly at the Head of" the 
 Government of the Provinces, otherwife called Official In- 
 formation : But this Honourable Houfe is not bound to 
 follow fuch Reports. The Britilh LegiOature is Rcfponfiblc 
 to no Power on Earth ; and from the open and public 
 Manner in which Affairs are canvaflcd and difculTed in this 
 Honourable Houfe, I am Confident that the Honourable 
 Members will not truft implititly to the Reports of Officers 
 even of the highefl Rank in the Government, if they re- 
 commend Meafures repugnant to the Pravvvs, Petitions, and 
 Reprefentations of fuch a numerous E »> of the mofl ref- 
 
 J'seftable People in the Province as my>, ; h uents. I al- 
 ow that Government have a right to expe<fi f ou\ the princi- 
 pal Officers in the Provinces fair and true Accounts of 
 every Objeft relative to their Governments : But it is al- 
 ways to be confidered as a certain faft that thefe Officers arc 
 the wifeft, mofl prudent and befl informed Men in the Pro* 
 ▼ince ? ' ;• •? 
 
 Sir, that Province has been near Thirty Years harrafTed 
 ty imperfcd and innproper Syftem? -.iT Govemmefiri and' 
 V^ ' ' ' ' -J' the 
 
'^mm^W^^^ 
 
 . t 37 ) . 
 
 fhc People have often Reprefcntcd their wrcttched and tin-* 
 happy Situaiion. Thefe Circumftances were too often the 
 Subjcft of Converfation and Debate in tlie Province, to 
 efcape the Obfervation of the Officers of Governnnenti 
 and yet except about the Years 1768 and 1770, and per- 
 haps within the laft Three or Four Years, I tnuft fuppofc 
 that the Office-s of the Government did not Report the real 
 State and Situation of thefe things ', for I have fuch a higli 
 Opinion of the Juftice and the Generofity of the Briiifh Go- 
 vernment that, if thefe Matters had been fairly ReprefentccJ 
 I cannot doubt but an effedual Remedy would have been 
 applied many Years ago, and a proper Syllem of Govern*' 
 ment cftablifhed for the province. 
 
 Sir, notwithilanding the Inhabitants of that Province have 
 been fo long diftrafted and perplexed, they have retained 
 their Loyalty -, amidft the Noife of War, and the Preflurc 
 of Civil Diftrefs, they have conduced themfelves in theif 
 Applications for Relief with great Temper and Moderation, 
 and they have waited for the Convenience of Government, 
 to enquire into, and fettle their Affairs, with a Degree of 
 Patience that could irarcely be expelled from the Urgency 
 of their Situation. What they want is expreifed in their 
 Petitions now on the Table of this Honourable Houfe, and 
 is nothing more than the Principles of the Englifti Confti- 
 tution. The Articles are plain and fimpk, and eafily un- 
 derdiood ; and what, as far as my Judgment in Politics will 
 go, may be granted without injuring any Clafs of People 
 in the Province, or the Intereft of Great Britain ; as thejt 
 are nearly fimilar to the Conftitution of the other Colonies 
 and Provinces of the Empire. 
 
 They pray, Sir, that the Qviebec Aft may be repealed 
 in toto, as being too Imperfed a Syftem to ferve as a Foun- 
 dation, and fecure the Tranquility and Permanency of the 
 new Government , and they have taken the Liberty o£ 
 ftatinp, in a fev/ concife and very clear Propofitions, or 
 Articles, thoie Laws or Principles of Laws, which thcf 
 wiHi may be made fundamental Parts of that new Con« 
 ftitution. . , 
 
 They 
 
r 
 
 t 38 1 
 
 They pray, that a Triennial Houfc of Aflembly, or 
 Reprefentatives of the People, may be a conftituent Part 
 of the Legidature, with a free Admifllon therein of Roman 
 Catholics. ,vv 
 
 ,^That a Council appointed by the King be another confti- 
 tuent Part thereof, confiding of a limited Number; and 
 that the Members hold their Places for Life* Refidence in 
 the Province, and good, Behaviour, 
 
 The Laws which they wi(h to be fundamental are— 
 
 The Criminal Laws of England for the whole Province, 
 
 The Commercial Laws and Cuiloms of England for the 
 whole Province. : ^ .. ! -1- ' y r^.-'T v(':.;o h ■■• .-tjfi 
 
 The Habeas Corpus A61, jift Charles 11. and the other 
 Adts relating to Perfonal Liberty, for the whole Pro- 
 vince. J 
 
 The antient Laws and Cuftoms of Canada refpefting 
 Landed Eftates, Marriage Settlements, Inheritance, and 
 Dower, for the Diftridls of Quebec, Montreal, and Three 
 Rivers, as at prefent bounded, with a Refcrvation ^at Pro* 
 pretors may alienate by Will. *■ ;,,,,,, ,,, 
 
 The Common Law of England for the Diftrifts of Lu- 
 nenburgh, Mecklenburg, Naffau, Hcfle, and Gafpc. 
 
 That optional Juries may be granted in Civil Cafes 
 on the fame Footing as in England, except that Nine Ju- 
 rors out of Twelve may be fufficient to eftablifti a Verdift; 
 
 That the Sheriffs, which is an Office of great Truft and 
 Refpofibility, may be ftruck Annually by the Governor from 
 a lift prefented by the Aflembly. »,..< <; .. 
 
 ;: That the Judges may not be fubjcft to Sufpenfion or Re- 
 moval by the Governor. ! e 
 
 That Offices of Truft may be executed by the Princi- 
 pal in the Appointment, 
 
 Thefe are the principal Articles which they propofe for 
 their new Conftitutlon 
 
 There is no Doubt that the new Legiflaturc will have 
 fome Trouble to afcertain the Bounds of the French Lawj 
 as well as of the Englifti Law, but they will do that as the 
 Circumftances and Cafes occur. m^'^^i^^ 
 
 Such 
 
 
 .* ^ 
 
I 39 3 
 
 Such is the Outline of the Conftitution which the ^o- 
 plc of that Province defire. It is plain, clear, and fimpl<^ 5 
 and however fome Parts of the new Laws may not be fu\l^ 
 underftood at firft, the People will at all Tinies know to 
 what Principle of Law they mud refort. But, Sir, the Bill 
 now before this Honourable H«ufe is extremely defective, 
 and fraught with the mod dangerous Confequences. It is 
 defeftivd in not eftablifhing the Englifli Conimercial Laws, 
 the Habeas Corpus Ad, and the Trial by Jury in Civil 
 Caufes, as fundamental Parts of the Conditution. And 
 the Divifion of the Province, and eftablifhing hereditary 
 Honours annexed to the Office of Councillor, will intro- 
 ducc fuch Confufion and Trouble into the i'rovincc, as 
 will prove ruinous to the Whole. 
 
 Sir, there were no pofitive Laws for Commerce in Ca- 
 nada during the French Government, nor are there any at 
 this Day. The French Commercial Law, or Code Mar' 
 cbandy was not introduced into Canada i and however that 
 Code may have been efteemed at the Time it was compof- 
 cd, it cannot reach the Variety of Mercantile Cafes wnich 
 now daily occur. This is the Reafon that the People of the 
 Province defire to have the Englifh Laws relating to Com* 
 mcrce introduced generally, as a Part of the Conftitution 
 of the Province, the Bankrupt Laws excepted j and that 
 Landed Eftates may be made fubje£t to the Payment of 
 Book Debts. ; ir «>i 
 
 The Commercial Laws of this Kingdom, S'.r, are the 
 Refult of the Wifdom, the Experience, and the Rtafon of 
 Ages. We know that there are but few Statute Laws re- 
 lating to trade. But the juft and proper Laws which ought 
 to regulate Trade, and govern Mercantile Tranfadions, arc 
 to be found in the Judgments of the Courts, grounded on 
 approved and eftabliftied Cuftoms. From that very Cir- 
 cumftance they are either to be introduced generally, or not 
 at all. The Legiflature of the Country will of courfe re- 
 gulate any Difficulties that occur. On this Point it de- 
 Icrves the ferious Confideration of this Honourable Houfcj 
 bcfides attending to the Convenience and Security of the 
 
 Merchants 
 
I 40 1 
 
 Merchants m the Province, to provide and cftablifli fucHt 
 Laws fof ihe Province as will afford Security to thcMcr* 
 chants of Britain, who trull large Sums into the Province. 
 Thcf canrtot be fuppofcd to underftand any other Laws 
 but thofe whk:h prevail in this Kingdom. If, therefore. 
 Laws are eftablifhed which they do not underAand, they 
 will be fubjoft to numberlefs Impofitions, as they have been 
 for ibme Years paft*. The Trial by Jury, at the Opiion 
 of either of the Parties, is an ablolute Requifite in all Mer- 
 cantile Caufes, and ought likewife to be a Conftitutional point. 
 
 It is like wile nccelfary, for the Tranquillity of, and to 
 fatisfy the People, that the Laws i elating t^ Perfonal Safety 
 jhould be eftablilhed by Parliament. Sir, the People of thai 
 Province do not wifli to depend even on their own Legyiature^ 
 for Obj efts lb eflcntial to their Security and Happinef*. 
 They wilh to have them afcertained and Bxedby- the Bri« 
 tilh Legiflature, as parts of the Conllitution. They do 
 cot defire that Parliament fhould defcend to the Minuta 
 of making Laws for them j but they pray this Honour- 
 «b'^ Houfc will lay down the great leading Points of 
 tl i. Conllitution, to fcrve as Land Marks to guide their 
 &ew Legiilature in the future Exercife of Legiflation. ^ 
 
 Sir, it has been objedlcd to me, againll introducing the 
 Englilh Commercial Laws, that they are too voluminous 
 for a young Colony ; but if this Honourable Houfe wili 
 recoiled that we wilh to exct- pt the Statute Bankrupt Laws \ 
 and that we can have ho Occafion for thofe relating to 
 Infurances, they will not, I hope, confidcr them as lo great* 
 ly exceeding the proper Bounds. 
 
 This Honourable Houfe will, I hope, allow, that we muft 
 have iome laws to regulate Trade, as at prcfent we have none. 
 
 > * 
 
 • Coutume dt Paris. Article 126. •••Merchants, Trade* People, and otheri, 
 m\va fell Goods, &c. by Retail, cannot bring their Action after Six Moniht 
 biive ehpfed from the Day of the firll Deliverance of thsir faid Goods, &c* 
 vnlefs the Account has been fettled and figned. 
 ,| Article iz7.---Drapers, Mercers, and other Wholefale Merchants, cannot 
 
 li « being their A^ion, or Demand for their Goods, after a Year has elapfed, reck* 
 
 oning from the Day of the Deliverance of their Goods, unlefs there has beea 
 an Obligation given, or that the Account bat been titled and figned* 
 
 dl 
 
■WiiOTMHI 
 
 ■""WOiiMi 
 
 £ 4« 1 
 
 y vfe are. to depend on the Cuftom of Paris, and Codg 
 Civil for that Purpofe, a Merchant would be obliged td 
 have a Notary Public at his Elbow from Morning to Night t 
 In his Compting Houfe, to certify every Paper he wrote ; 
 in his Warchoufe or Cellars, to certify the Sale of Goods 
 and I iquors j in the Streets, or at the Coff>re-Houle, to take 
 Minutes of every intended Bargain or Tranfadlion j other- 
 wife he would find that his Bi.oks and Clerks would not 
 be confideredin the Courts as fufficient Evidence to eftabiifH 
 a Debt ^ that his Papers and Letters would be adjudged as 
 wanting the requifite Forms •, and that Oral Evidence would 
 hot be received in Proof of a Bargain*. In what Manner, 
 therefore, are we to get Commercial Laws ? OurProvin- 
 cial Legiflature may, to be lure, adopt One or more of 
 the few Afts of Parliament which relate to Trade •, for 
 the Britifli Legiflature have been i.. all Times fenfible of 
 the Difficulty and Danger of fliackling Commerce with 
 fy Hematic Laws, and they have therefore left the Merchants 
 to follow their own Cuftoms, and to afcertain thefc in the 
 Courts of Juftice, when neceffary : It is tiiercfore 
 in the Judgments of the Courts that we are to feclc 
 for thefc Commercial Laws, and thefe may be comprefled 
 into a few Volumes of Reports. But, Sir, can the Pro- 
 vincial Legiflature adopt one Book of Reports, and rejeft 
 another? or is it intended that they fliall enatSt aNum- 
 ber of Laws, and by that Means form a Syftem of Com- 
 mercial Jurifprudence ? it is to be left to the Quebec Le* 
 giflature to fettle and adjufl a Syftem which has been con-, 
 fidered as too difficult and dangerous for the Wifdom of 
 
 • See Ctdt Civile. Title 20. Article ad. — Afts under the Hands of the . 
 Parties t oc before Notai ics, dull be pafled for every Obje£k exceeding J 60 Li* 
 vrei. 
 
 Article 5th.— -If a Party maite* fcveral Demands at the fame Time, ofwhicli 
 there is no Proof, or no Beginning of Proof, by Writing, and that together 
 thofc Sums amount to more than 100 Livrei, they cannot be piovtid by VVit. 
 nefles, evea though they be different Sum», proceeding from diver* Caufes, and at 
 diifcrent Times. 
 
 Article 6th.. -All Demanas of every Kind, that are not wholly juftifiad bv 
 Writing, Oiall be formed into one Body ; after which the other Demands, of 
 which there is no i^roof by Writing, fliall not be reoeived. 
 
 F the 
 
t 4« 1 
 
 the Britlfii Senate ? — It cannot be pofllble j T am fure thii 
 Honourable Houfc will fee the NecefTity of introducing 
 the Englifh Commercial Laws into the Bill, as forming 
 Part of the Conftitution of the Province of Quebec. 
 
 By the 31ft Claufe of the Bill, all the Laws, Statutes, 
 and Ordinances, now in force in the Province, arfe to re- 
 main in Force until altered by the new Legiflature.-— I 
 have already been very full on this Point. 
 
 My Conitituents pray, as the Honourable Houfe will fee 
 by their Petitions, that the Quebec Ad, and all the Laws 
 which were fuppofed to be introduced by it, as well as all 
 the Ordinances of the Legiflative Council, may be repeal- 
 ed and annulled. This, Sir, is the only poffible Way of 
 ftrttlinj^ the Conftitution of that country, fo as to fatisfy 
 and pieafe the Pi»ople. If that Syftem, which nobody has 
 been able to comprehend, is to be continued, how, 6r in 
 what Manner, is the new Legillature to modify and reform 
 it ?■— Is it prudent to refer to the new LegiQaiure a Subjeft 
 which is likely to eternize thofe Diftindtions which have, to 
 the Difgracc of the Colony, fubfifted already too long, by 
 encouraging the one and the other Party to ftruggle for and 
 fupport their favourite Syftem, from Day to Day or from 
 Seflion to SeflTian, as the one or the other Party is moft 
 predominant in tiie Legiflature ? This would be laying the 
 Foundation of Animofities, Quarrels, and Divifions among 
 the People, which muft greatly impede the Growth and 
 I'opulation of the Province-, which would diminiih 
 its Strength, and render it of Icfs Value in the Line 
 of Trade to Great Britain. 
 
 Sir, I confider it as abfolutely neccflary that the Britifh 
 Parliament (hould eftablilh the great Outlines of our Con- 
 ftitution ; that they ftiould point out clearly thofe Principles 
 of Law which are to dired and govern the Legiflature of 
 the Province in their future Deliberatiohs. If that is 
 done, the Parties will more eafily approach and afllmilatc 
 together, and mutually accommodate one another, in fuch 
 parts of either of the Syftems as require foftening or 
 modifying ; and, however' they may differ about the 
 »■<: * Introduc- 
 
 • 
 
 
^^mfimmimimm 
 
 I 43 1 
 
 ■MPHMP 
 
 utes, 
 rc- 
 r.— I 
 
 Introdnftlon of the whole Syftcm, there would probably, if it is 
 introduced by Parliarnenc,be only one Opinion on the Propri- 
 cty of rendering it as ealy, as cffedive, and asufeful as pofTibie. 
 
 There are among both the Englifh and French Inhabit 
 tants, who are Proprietors of Lands held under the Feu- 
 dal Grants ; there are of both who are married, and have 
 Families •, and there arc of both, who have pcrlonal Deal- 
 ings and Tranladions. The old Laws, therefore, which 
 arc requifue for thefe Purpoles, are neceflary to, and muft 
 be defired by both. But, Sir, th? whole Trade and Com* 
 mercc is in the Hands of, and depends on, the Englifli. It is 
 therefore extremely ncceffary for them to have Laws fitted 
 and applicable to the Nature of Commercial Dealings and 
 Tranra<flions. As the French Canadians are not much 
 engaged in thefe Purfuits, they cannot be much acquainted 
 with its Operations •, and may not feel the Anxiety and 
 Trouble, which the Want of proper Laws occafion to the 
 Mercantile Body. It is only from its Trade that the Pro- 
 vince can be ufeful, or in any wife of Importance to this 
 Kingdom i and on that Account it is the more neceflary to 
 eftablifh fuch Laws as will promote and increafe it. We there- 
 fore, hope that Parliament will repeal the Whole of the old 
 Syftem, and in the new Conftitution give us thofe Parts of the 
 Englilh and French Laws which we have pointed out as nc- 
 ceffary for us. 
 
 In the gid Claufeof the Bill, where Permiffion is grant- 
 ed, in Appeals from the Province, to appeal from the King 
 in Council to His Majefty in His Parliament, ir would 
 conduce very much to abridge the Delay of L aw Proceed- 
 ings, to promote the Ends of Juilice, and todiminilh the Ex- 
 pences of the Parties, if the Appeal was allowed to be made 
 dire«ftly from the laft Court in the Province to His Majelly 
 in Parliament. We do not wifli or defire to infringe in any 
 Manner on the Prerogative, in any Thing that is trffential to 
 the Intereft and Dignity of the Crown ; but we know that it is 
 the Glory of His Majefty's Reign, that it has ever btcn the In- 
 tention and conftant Uefireof His Majefty, that Juftice ihould 
 be adminiftcrcd to the Subjed inthe cafielr, moil fpccdy^ 
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 and mod effectual Manner. We therefore hope that the 
 Province may be gratified in this Point, as it will be the 
 Means of checking the Spirit of Litigation, by bringing 
 their Difpiitcs to a more fpeedy Iflue and Determination, 
 I beg leave further to remark to tiiis Honourable Houfe, 
 that by the 33d Claufe of the Bill, that part of the Quebec 
 Aft is continued which authorized his Majefty to order the 
 Tythesol the Land and Poflefllons, occupied by Proteftants, 
 to be collcfted for the Purpofe of making Provlfion for the 
 Encouragement of the Proteftant Religibn. This, to Peo- 
 ple rcfiding in Great Britain, may appear fair and proper, but 
 It will, I hope, be allowed that Tythes are only due to 
 the Church for the Services whii h the Clergy of that Church 
 may or can perform to the Perfons from whom thefe Tythes 
 are claimed. Sir, there are Protcftants fettled in that Coun- 
 try on Farms 150 Miles diftant from any Proteftant Church 
 or Minitler, who from their Situation are deprived of the 
 Benefit of the Ordinances, Ceremonies, or Services, of 
 the Proteftant Church ; and it therefore appears to me 
 thM it will be unjuft 1:0 compel them to pay Tythes, and 
 to contribute towards fupporting a Prnteftant Clergy, from 
 whom they can dtrive no Afiiftance, no Advice, or Inftiuc- 
 cioii. I do not wifti to raife any Difficulties againfta ncccf" 
 fary Provifion for the Fftabllfhrnent of a Proteftant Clergy 
 in the Province, it is a very dcfirable Objeifl, and much 
 wiflied for, and it has been Matter of Surpiize that no Pro- 
 vifion of that Kind has yet been made in the Province j the 
 Recommendation of it to the Attention of Parliament, 
 however, is a ftrong Proof of His Majcfty's Attention to 
 the prefent and future Happineis of His Subjeftsj but I 
 have thought it my Duty to ftate the Circumftance. As it 
 would be in the N ature of a partial Tax for a public Ser- 
 vice, it might perhaps be proper to limit the Right of claim- 
 ine: Tvthes in this Claufe to a certain Diftance from the 
 Rcfidence of the Proteftant Clergy. — Say 30 Miles. Be- 
 fides, I apprehend it would be proper to explain what is 
 meant by Tythes, if it is underftood that they ftiall be re- 
 ceived accordinor to the Rule followed by the Roman 
 
 Ca- 
 
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 Catholic Clergy in the Province, or the Rule that is foDowed 
 in F ngland. 1 likewile beg Leivc to fubmit to this Honour- 
 able Houfe if it would not be proper to infer: in ihe Clauf i 
 concerning future Grants of Lands a Power to authorize 
 His Majcftv, with the Confent and Advice of the Legifla- 
 ture of the Province, to change the Tenure of the Lands 
 granted and now held under the Feudal Tenure, when rc» 
 qucfted fo to do, by Petitions from the Proprietors for that 
 Purpofe : I meant that ("J overnment fhould, upon Petition, 
 accept of the Surrender of the old Feudal Grants, and re- 
 grant the fame to the Proprietor again in Free and Com- 
 rnon Soccage. This being optional, and not compulfory, 
 cannot meet with any oppofition ; and in a fhort Time 
 tnight be a happy Afliftant in Anglifying the Colony, as it 
 would by Degrees remove that deteftable Badge, Vaflalage. 
 
 I have now dated fully the Dcftdls of the Bill as it at 
 prefcnt ftands. My Objections go principally againft the 
 following Claufes. 
 
 The eftablilhing Two Independent Legifiaturcs in the 
 Province. 
 
 The making the Place of Councillor hereditary, and not 
 limiting the Number of the Councillors. 
 '"The fmall Number of Reprefcntatives intended for the 
 Aflcmbly, and making the Duration of the Aflembly lep- 
 tennial. 
 
 The continuing the Laws, Statutes, and Ordinancet, 
 now in Force, or fuppofed to be in Force, in the Province 
 generally. 
 
 The invefting the Governor with the Power of devid* 
 ing the Province into Diftrifls, for the Purpofe of Re- 
 prefcntation, and appointing the Returning Officer from 
 Time to Time, and fixing the Places of Meeting of the 
 Legiflatiire. 
 
 The claiming of Tythesfrom the diftant Proteft^mt Set- 
 tlers, and not fettling the Rule. 
 
 The requiring Appeals from the Province to go before 
 the King in Council, in their Progreis to His Majelty in 
 Parliament. 
 
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 The Additions we wi(h to tlic Bill I have dated be^ 
 lore. 
 
 With thcfc Alterations and Additions, the Bill would, 
 1 am perluaded, give general Satisfa(ftion to (he People of 
 the Province. It Would prove a real BlefTing to the f oun* 
 vy; and be the Means of reviving Induftry, improving 
 Agriculture, and promoting Corumerce, and of attaching 
 the Inhabitants to the Britilh Nation and Government by the 
 (krongrft of all Tie«, thofcof Intereil and Gratitude. 
 
 Sir, we know that a free Government will not a6l like 
 A Charm, and produce Wonders. We arc (cnfible that it 
 will occafion fomc Trouble in the Firft Years, till die Peo- 
 ple g'-t accultomed to its Operations. We do not expert 
 that every Thing is to profper and flourifh immediately on 
 its Eftablifbment ; but we hope, and expe^, that in a few 
 Years its beneficial Confequenccs will be felt by the People 
 and become evident to the Obfervation of Government ; 
 that the new Legiflature may be able to roufe the People 
 from their prcfcnt inadlive State, and by Bounties and En- 
 couragements ftimiilate them tr 'nduftry, Entcrprize, and 
 Invention ; and that the Indi \\, while encouraged to 
 purfue his own Intereft and Advantage, may be directed fo 
 as to promote the j^eneral Profperity of the Province, and 
 Benefit of the Empire. 
 
 Such are the Hopes we entertain of the Advantages 
 which the united Pi ovince may derive from a liberal Gon- 
 Aitution ; and it will be our cheif Glory to convince the 
 Britifh Nation that the Province of Quebec is, and ought 
 to be, confidered as a value Appendage to the Empire. 
 
 But, Sir, if the Province is to be divided, and the old 
 Syftem of Laws continued ; if it is expcfted that either Part 
 of the Province, feparated as propofed in the Bill, fhall in 
 its prefent exhaufted and impot'erifhed State raife the Sup- 
 plies for fupporting the whole Expences of the Government 
 •—it will be reducing the Province to a Situation as bad 
 as the children of Ifrael in Egypt, when tliey were requir- 
 ed to make Bricks without Straw. The People will fee 
 that the apparent Freedom held out by tiie new Syftem 
 
 is 
 

 mmmmmmmm 
 
 I 47 1 
 
 is declufivc ; and the new Conditutlon will eonnpleat thaf 
 Kuin which the former pernicious Sydeni had left unfi« 
 nifhcd. 
 
 I have not intended to propofe any Thing for the Ad* 
 vantage of the Province that 1 think can, in anywifet injuiH 
 the Intercfts of great Britain, in fo far as they are con* 
 nedled with the Affairs of the Province. My only De* 
 fire is to procure that kind of Conftitution for the Province 
 which may promote the Happinefs and Profperity of the 
 Inhabitants of every Part of that extended Country, as coii- 
 nedled with and dependent on the Crown a:.d Parliament of 
 thefc Kingdoms. 
 
 In what I have urged on this Honourable Houfe I hav« 
 intended to acquit that Duty which I owe to my Conftitu- 
 ents for the Confidence and Truft they repofcd in nie. 
 
 And I now truft the Affairs of the Province ro thit 
 Honourable Houfe, in perfeft Reliance on their Wifdom 
 and Judgment j fully fatisfied that they will not adopt any 
 ftrong Nicafure, without clear and pofitive Proof that it is 
 not only neceffary, but that it will bs generally acceptable 
 to the People fettled in every Part of that great Country ; 
 hoping that this Honourable Houfe will conftantJy 
 keep in their view that the Conftitution which is now to 
 be eftabliflied for the Province of Quebec involves the Se- 
 curity and Happinefs not only of the prefent Generation but 
 of Tbvufands — perhaps Millions, yet unborn. 
 
 FINIS. 
 
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