6-7 EDWARD VII.

SESSIONAL PAPER No. 18

A. 1907

CANADIAN ARCHIVES

DOCUMENTS

RELATING TO

THE CONSTITUTIONAL HISTORY

OF CANADA

1759-1791

Selected and Edited with Notes by

ADAM SHORTT

AND

ARTHUR G. DOUGHTY

Printed by Order of Parliament

SECOND AND REVISED EDITION BY THE HISTORICAL DOCUMENTS PUBLICATION BOARD

PART II

OTTAWA

PRINTED BY J. de L. TACH& PRINTER TO THE KING'S MOS1 EXCELLENT MAJESTY

1918

6-7 EDWARD VII.

SESSIONAL PAPER No. 18

A. 1907

THE HISTORICAL DOCUMENTS PUBLICATION BOARD

ADAM SHORTT, Chairman ARTHUR G. DOUGHTY, Dominion Archivist HON. THOMAS CHAPAIS, Legislative Council , Que.

PROF. CHARLES W. COLBY, McGill University PROF GEORGE M. WRONG, University of Toronto

' 0 1 ilHH H I I

CONSTITUTIONAL DOCUMENTS

583

SESSIONAL PAPER No. 18

CARLETON TO DARTMOUTH.1

(N°. 1.)

Duplicate. Quebec 23d Septr 1774.

My Lord !

I take the first Opportunity that offers of acquainting your Lordship with my Arrival here the 18th instant, where I have had the Satisfaction of finding His Majesty’s Canadian Subjects impressed with the strongest sense of The King’s great Goodness towards them in the late Act of Regu- lation for the Government of this Province; All Ranks of People amongst * them vied with each other in testifying their Gratitude and Respect, and the Desire they have by every Mark of Duty and Submission to prove

themselves not undeserving of the Treatment they have met with

* * * * *****

I am with much Esteem and Respect Your Lordship’s

Most Obedient and Most Humble Servant

GUY CARLETON

Earl of Dartmouth

One of His Majesty’s

Principal Secretaries of State.

EXTRACT OF A LETTER FROM GENERAL GAGE TO GENERAL CARLETON DATED BOSTON SEPTr. 4th, 1774.2

“The present Situation of Affairs in this Province obliges me to collect “all the Force in my Power ; I have therefore sent Transports for the 10th “and 52d Regiments to bring them to this Place, at the same Time I submit “to you, whether you think any Thing is to be dreaded from the Absence “of these Corps, internally in the Province of Quebec during the Winter ; “for as these Regiments will come down the River so late in the Year, and “may be replaced early in the Spring, I imagine no Danger can be appre- hended from without. If therefore you think the Fusileers at Quebec, and “the Part of the 26th at Montreal, with small Detachments from them at “Trois Rivieres and Chambli, can preserve Peace and good Order in the “Province, I am to beg you will order the 10th and 52d Regiments to embark “without Delay on board the Transports, for you will think with me they “will have no Time to spare in coming down the River St. Laurence.

“As I must look forward to the worst, from the apparent Disposition “of the People here, I am to ask your Opinion, whether a Body of Canadians

1 Canadian Archives, Q 10, p. 120. After the passing of the Quebec Act, Carleton left early in July to resume his position as Governor of the enlarged Province of Quebec under its new constitution.

2 Canadian Archives, Q 10, p. 122. This was sent as an enclosure with the previous despatch, and is one of numerous documents showing immediate preparation on the part of the English authorities, after the passing of the Quebec Act, to make use of the Canadians and Indians in connection with the colonial troubles to the south.

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“and Indians might be collected, and confided in, for the Service in this “Country, should matters come to Extremities ; and on what Plan, and “what Measures would be most efficacious to raise them, and for them to “form a Junction with the King’s Forces in this Province ?”

G.C.

Endorsed : Extract of a Letter from

General Gage to General Carleton dated Boston Septr 4th 1774.

In Governor Carleton’s of the 23 rd Septr 1

EXTRACT OF GENERAL CARLETON’S ANSWER TO GENL GAGE

DATED QUEBEC 20th SEPTr 1774.1

“Your Express reached this Place yesterday Evening, about twenty “Hours after my Arrival ; Pilots are sent down the River, the 10th and 52nd “shall be ready to embark at a Moment’s Notice, and as you directed”

“The Canadians have testified to me the strongest marks of Joy, and “Gratitude, and Fidelity to the King, and to His Government, for the late “Arrangements made at Home in their Favor ; a Canadian Regiment would “compleat their Happiness, which in Time of Need might be augmented to “two, three, or more Battalions, tho’ for the Satisfaction of the Province, “and ’till the Kings Service might require more, one would be sufficient, and “I am convinced their Fidelity and Zeal might be depended on; should this “Measure be at length adopted (which I have long since Recommended)2 “’tis essentially necessary their Appointments should be the same as the rest “of the Infantry, with half pay, in Case they should be reduced ; the “Savages of this Province, I hear, are in very good Humor, a Canadian “Battalion would be a great Motive, and go far to influence them, but you “know what sort of People they are”

G. C.

Endorsed : Extract of General Carleton’s Answer to General Gage dated Quebec 20th Septr 1774.

In Governor Carleton’s of the 23d Sepr. 1

1 Canadian Archives, Q 10, p. 123. This was also enclosed in Carleton’s despatch of 23rd Sept., 1774.

2 See, among others, his letter to Gage of Feb. 15th, 1767; p. 280. Also his letter to Shel- burne of Nov. 25th, 1767; p. 281.

CONSTITUTIONAL DOCUMENTS

585

SESSIONAL PAPER No. 18

DARTMOUTH TO CARLETON.1

Whitehall 10th Decr 1774

Governor Carleton Sir,

I have received your Dispatch of the 23d of Septr acquainting me with your Arrival at Quebec, and that you found His Majesty’s Canadian Subjects impressed with a just Sense of His Majestys Goodness to them, and highly satisfied and pleased with the Regulations adopted for the future Government of the Colony

As you are silent as to the Sentiments of His Majesty’s Natural born Subjects in Canada respecting the late Act, I am not at liberty to conclude that they entertain the same opinion of it, but the King trusts that when the Provisions of it have taken place and His Majesty’s gracious Intentions with respect to the Plan of Judicature2 * * * & that is to be established are well known, prejudices which popular Clamour has excited, will cease, and that His Majesty’s Subjects of every description will see and be convinced of the Equity and good Policy of the Bill.

It will be your Care, Sir, at the same time you express to the King’s new adopted Subjects His Majesty’s gracious approbation of the Affection and Respect they have shewn for His Government, to endeavour by every Argument which your own good sense will suggest to you, to persuade the natural born subjects of the justice & propriety of the present form of Government and of the attention that has been shewn to their Interests not only in the adoption of the English Laws, as far as it was consistent with what was due to the just Claims and moderate. Wishes ot the Cana- dians, but in the opening to the British Merchant, by an Extension of the Pro- vince, so many new Channels of important Commerce.

You will have seen, by the public Prints, that Mr. Hey has been elected for Sandwich in the new Parliament and will naturally conclude that he has no Intention of returning to Quebec ; but I have the Satisfaction to

1 Canadian Archives, Q 10, p. 125.

2 It was intended to furnish an ordinance for the establishment of courts in Canada

and send it out to be enacted by the Council. Two plans were proposed, as we learn from

a paragraph in Under Secretary Pownall’s note to Lord Dartmouth of July 17th, 1774. “I have also conversed with Mr. Hey on the Plan of judicature for Quebec he thinks my plan will do as well as his I am convinced his ought to be preferred; we both agree that anything that falls short of, goes beyond, or halts between either will be improper.” M 385, p. 425. Of these only the one by Hey appears to have been actually drawn out, as we learn from Hey’s letter to Dartmouth. “My Lord I did myself the honour to call at your Lordships house with the

draught of an Ordinance for establishing Courts of Justice at Quebec, and thro’out the Province, which I most sincerely wish may have the good fortune to be better thought of by your Lordship than I will freely confess it is by the author of it without any affectation of modesty which appears to me as bad as any other sort of affectation, I must own it is a work beyond my abilities

& somehow or other I have had the ill luck to have had very little assistance in it except from Mr. Jackson indeed not any. & He is at present much taken up with the business of the Court of Chancery.” M 385, p. 490. The draught of an ordinance here referred to, is the one given in the same volume, at p. 373, and endorsed, “Epitome of a proposed Ordinance for establishing Courts of Justice in the Province of Quebec.” The complete ordinance as drawn is given below, p. 637.

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acquaint you, that is not the case, and that he is resolved to return to Quebec in the Character of Chief Justice although he should be under the necessity of relinquishing his Seat in Parliament which however we hope and think may be avoided, and I mention this with the greater Pleasure, knowing how great a satisfaction it must be to you to have his advice and opinion upon the many important Objects that remain to be provided for.1

It is very much to be wished that the season of the Year would admit of his being the Bearer of your Commission and Instructions, and of the Notifications of His Majesty’s Pleasure with regard to the Variety of Arrange- ments which are to be made ; but as that cannot be, I propose to send them to you by the next New York Packet under cover to Lieut. Govr Colden, with Directions to him to see them conveyed to you from New York by a proper Messenger and with all possible Dispatch.

I am &ca

DARTMOUTH.

Endorsed : Dra1 to Govr Carleton

10th December 1774

CARLETON TO DARTMOUTH.2

(N°. 3.)

Quebec 11th November 1774.

My Lord ! Soon after my Arrival here, I informed Your Lordship of the Gratefull Sense, The King’s Canadian Subjects, in this Part of the Province entertained of the Acts of Parliament passed in their Favour during the last Session ; those more remote have since, in all their Letters and Addresses, expressed the same Sentiments of Gratitude and Attachment to His Majesty’s Royal Person and Government as well as to the British Interests.

The most respectable part of the English residing at this Place, not- withstanding many Letters received from Home, advising them to pursue a different Course, likewise presented an Address expressive of their Wish to see universal Harmony and a dutifull Submission to Government con- tinue to be the Characteristic of the Inhabitants of this Province, and assuring me, that nothing should be wanting, upon their Parts, to promote so desirable an End ; I believe, most of those, who signed this Address, were disposed to act up to their Declaration, which probably would have been followed by those, who did not, if their Brethren at Montreal had not adopt- ed very different Measures.

Whether the Minds of the latter are of a more turbulent Turn, or that they caught the Fire from some Colonists settled among them, or in reality Letters were received from the General Congress, as reported, I know not ;

1 Wm. Hey returned to Canada as Chief Justice in April, 1775.

2 Canadian Archives, Q 11, p. 11.

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SESSIONAL PAPER No. 18

Certain it is however, that shortly after the said Congress had published in all the American Papers their approbation of the Suffolk County Resolves1 in the Massachusetts, a Report was spread at Montreal, that Letters of Importance had been received from the General Congress, all the British there flocked to the Coffee House to hear the News, Grievances were publicly talked of, and various Ways for obtaining Redress proposed, but that Government might not come to a true Knowledge of their Intentions, a Meeting was appointed at the House of a Person then absent, followed by several others at the same Place, and a Committee of four Named, consisting of Mr. Walker, Mr. Todd, Mr. Price, and Mr. Blake, to take Care of their Interests, and prepare Plans for Redress.

Mr. Walker, whose Warmth of Temper brought on him, some Time before my Appointment to this Command, the very cruel and every Way unjustifiable Revenge,2 which made so much Noise, now takes the Lead, and is not unmindful of his Friend Mr. Maseres upon the Occasion.

Their Plans being prepared, and a Subscription commenced, the Committee set out for Quebec, attended in Form by their Secretary, a Nephew of Mr. Walker’s, and by Profession a Lawyer ; immediately upon their Arrival here, their Emissaries having prepared the Way, an Anonimous Summons was posted up in the Coffee House for all the British Subjects to meet at a particular Tavern, and a Messenger sent round with a verbal Notice to such as might not have seen the written Summons ; At this first Meeting a Committee of seven, consisting of Mr. John Paterson, since gone to London, Mr. Zachariah Macaulay, Mr. John Lees Senior, said to intend going Home this Fall, Mr. John Aitkin, their Treasurer, Mr. Randal Meredith, Mr. John Welles, and Mr. Peter Fargues, was appointed to prepare and adjust Matters with those of Montreal ; several discreet People at this Place and Montreal declined attending those Meetings, as soon as they discovered what they aimed at.

There have been several Town Meetings since, as they are pleased to stile them, and Meetings of the joint Committees, at which, tis said, they have resolved to write Letters of Thanks to the Lord Mayor and Corporation of London,3 to some of the Merchants in the City, and to Mr. Maseres, for having taken the Province under their Protection, and praying a Continu- ance of their zealous Endeavours in so good a Cause ; they intend a hand- some Present in Cash to Mr. Maseres, with the Promise of a larger Sum, in Case he succeeds ; Petitions are likewise to be presented to The King, to the Lords, and to the Commons,4 but of all this I speak doubtfully, as they have taken uncommon Pains to keep their whole Proceedings from my knowledge.

1 These were adopted on Sept. 9th, 1774.

2 The chief documents dealing with the Walker outrage are given in the “Report on Can- adian Archives,” for 1888, p. 1.

3 “On the 22nd of June, the Lord Mayor, attended by several aldermen, the recorder, and upwards of one hundred and fifty of the common council, went up with an address and petition to the King, supplicating his Majesty not to give his assent to the bill.” Cavendish “Debates,” &c. Preface, p. IV.

4 These petitions were presented and are given immediately following this despatch.

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This much however is certain, that the Canadians feel some Uneasiness at these Proceedings ; they are surprised that such Meetings and nocturnal Cabals should be suffered to exert all their Efforts to disturb the Minds of the People by false and seditious Reports, calculated to throw this Province into the same Disorders that reign in other Parts of this Continent; They express some Impatience and Indignation at being solicited to join in such Proceedings, and are not without their Fears, that some of their Countrymen, under the Awe of menacing Creditors, and others, from Ignorance, may have been induced to put their Hands to a Paper, which, they are assured, is intended to secure their Lands and Property, and take from the Governor the Power of seizing them to his own Use, or sending them and their Families up the Country among the Savages, or waging War, at his own Pleasure, upon the Bostonians ; in short to relieve them from the Oppressions and Slavery imposed upon them by those Acts of Parliament; They are the more apprehensive these and such like Reports may have had Effect upon some weak and ignorant People, that from the Precision necessary in the Translation, the Acts themselves have not as yet been promulgated.

I have assured the Canadians, that such Proceedings could never affect the late Measures taken in their Favor, nor did I believe, they ever would succeed with Government upon any Occasion, so that they might remain in perfect Tranquility upon that Account; Notwithstanding my thorough Conviction, of the Assurances, I have given them, and that all these Town Meetings, all the Reports, breathing that same Spirit, so plentifully gone forth through the neighbouring Provinces, can for the present only excite a trifling and momentary Agitation, I cannot but Regret, such Examples should be set the People of this Province, and think, Government cannot guard too much, or too soon, against the Consequences of an Infection, imported daily, warmly Recommended, and spread abroad by the Colonists here, and indeed by some from Europe, not less violent than the Americans.

I am informed, all Persons from Boston for Canada are searched for Letters, and strictly examined, if they have any verbal Message from General Gage for me, so that I am not likely to hear from the General, before the Navigation opens next Summer.

I am with much Esteem and Respect

Your Lordship’s Most Obedient and Most Humble Servant

GUY CARLETON

Earl of Dartmouth

One of His Majesty’s

Principal Secretaries of State.

CONSTITUTIONAL DOCUMENTS

589

SESSIONAL PAPER No. 18

PETITIONS FOR THE REPEAL OF THE QUEBEC ACT.1

TO THE KING’S MOST EXCELLENT MAJESTY.

THE PETITION of your Majesty’s most loyal and dutiful your ancient Subjects settled in the Province of Quebec,

MOST HUMBLY SHEWETH

THAT We upon the Faith of your Sacred Majesty’s Royal Proclam- ation bearing Date the Seventh Day of October which was in the Year of Our Lord One thousand seven Hundred and Sixty three Did come and Settle ourselves in the said Province purchasing Houses and Lands and carrying on extensive Trade Commerce and Agriculture whereby the Value of the Land and Wealth of it’s Inhabitants are more than doubled during all which Time, We humbly crave leave to say that we have paid a ready and dutiful Obedience to Government and have lived in Peace and Amity with your Majesty’s new Subjects. Nevertheless we find and with unutterable Grief presume to say that by a late Act of Parliament intitled "An Act for the making more effectual Provision for the Government of the Province of Quebec in North America” We are deprived of the Fran- chises granted by Your Majesty’s Royal Predecessors and by us inherited from our Forefathers That We have lost the Protection of the English Laws so universally admired for their Wisdom and Lenity and which we have ever held in the highest Veneration and in their Stead the Laws of Canada are to be introduced to which we are utter Strangers disgraceful to us as Britons and in their Consequences ruinous to our Properties as we thereby lose the invaluable Privilege of trial by juries. THAT in Matters of a Criminal Nature the Habeas Corpus Act is dissolved and we are Subjected to arbitrary Fines and Imprisonment at the Will of the Governor and Council who may at Pleasure render the Certainty of the Criminal Laws of no Effect by the great Power that is granted to them of making Alterations in the same.

1 Canadian Archives, Q 11, p. 98. This is also given in Maseres’ “An Account of the Pro- ceedings” &c., p. 239. Only the petition to the King is given in the State Papers, but those to the Lords and Commons are also given by Maseres. The British element in the Province, for the most part, on learning the nature of the Quebec Act, which deprived them of the protection of the writ of Habeas Corpus and of trial by jury, under the restored French Law, set about procuring petitions for its repeal or amendment. They formally appointed Maseres as their agent in London, and to him they sent the three petitions to the King, Lords, and Commons. “These petitions were received by Mr. Maseres about the 12th or 13th of last January, 1775; and the first of them, that to the King’s majesty, was delivered by him to the Earl of Dartmouth, his majesty’s secretary of state for America, on the 18th of the same month; and those to the House of Lords and House of Commons were some time after delivered to the Lord Camden and Sir George Savile, who, approving the contents of them, undertook to present them to their respective houses of parliament.” “An Account of the Proceedings,” &c., p. 238.

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WE therefore most humbly implore your Majesty to take our unhappy state into your Royal Consideration and grant us such Relief as your Majes- ty in your Royal Wisdom shall think meet.

And your Petitioners as in Duty bound

Will ever Pray.1

Quebec 12th November 1774.

[Zachary Macaulay

Edwd Manwaring

Davd Salesby Franks

Ijohn Aitkin

Michael Flanagan

John Richardson. Junr

(J 4- 1

CD -M

C', «— '

jn° Paterson

J. Melvin

James Leach

% | \ Randle Meredith

Geo. Munro

Ezekiel Solomons

& o |john Lees

Jas Hanna

James Perry

U j John Welles

Joseph Torrey

J. Beek

IS. Fargues

Tho8 Walker, junr

Law’rence Ermatinger

John McCord

Jas Dyer White

Simon McTavish

Chas. Grant

Jno Bell

J. Pullman

Robert Woolsey

Andrew M’Gill

James Frazer

Nicholas Bayard

Sam: Holmes

G. Young

John Painter

James Blake

Willm Ashby

Thomas McCord

James Noel

Gavin Laurie

Henry Grebassa

Thomas McMurray

Phill. Brickman

Robt. Willcocks

Allan Paterson

Benj. Holborn

John Renaud

James Symington

Joseph Borrel

Christy Cramer

Abram Holmes

John Connolly

Geo: Gregory

John Neagle

John Durocher

Lewis Chaperon

Peter Arnoldi

B. Janis

Frederick Petry

Dan1 Robertson

J. Joran

James Cuming

Alexr Milmine

Jacob Maurer

William Laing

Tho8 Fraser

Simon Levy

George Jenkins

A. Porteous

Edward Chinn

Francis Smith

Joseph Ingo

Richd McNeall

Alexander Wallace

Adam Scott

Robt. Cruickshanks

Ja8 Finlay

John Comfort

Thomas Walker

Pat McClement

Adam Wentsel

_ <D

m £

James Price

Wra Pantree

Allan McFarlain

Si .t: ±2 p J

John Blake

Jacob Bittez

Jacob Vander Heyden

c c s

© E

Isaac Todd

Leach Smith

Hinrick Gonnerman

S o U

Alexr Paterson

John Saul

John Hare, Junr

jn° Porteous

Francis Anderson

Geo. Wright Knowles

Rich’d Dobie

Simon Fraser

Benjn Frobisher

Geo. Measam

John Ross

Wm Murray

Sam1 Jacobs

John McCluer

Ja8 Anderson

Nicholas Brown

James Woods

John Trotter

Michl. Morin

John Lees

Christ. Chron

William Kay

Lemuel Bowles

Willm England

John Lilly

Thomas Davidson

Meshach Leeng

1The spelling of the names has been revised from the lists as given in "An Account of the Proceedings,’’ &c., pp. 241, 248, 258.

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591

SESSIONAL PAPER No. 18

John Sunderland J. Grant James Morrison Jas Sinclair John Chisholm James Jeffry Robt. McFie Francis Atkinson David Shoolbred Jonas Clarke Minot Godfrey King George Davison George King John Lynd Caleb Thorne John Lees, junr Robt. Jackson Hugh Ritchie Alexander Lawson Charles Dailey Lazarus David D. Bouthillier Richd Walker (Original)

Patrick O'Donell Archd Lawford Simon Fraser Junr Richd Vincent Daniel Cameron James Galbraith Roderick McLeod John White Swift John Bondfield Will: Callander Dad Geddes Sam1 * Morrison John Thomson Alexander Hay Ja8 Doig Joseph Bindon Andrew Hays Geo : Singleton Jno Stonhouse John Kay Josiah Bleakley Aaron Hart Levy Solomons

Recd, 22d January 1775.

Thomas Boyd John Mittleberger Solomon Mittleberger Isaac Judah Peter Mcfarlane Ja8 May Jacob Schieffelin Benaiah Gibb John George Walk Michael Phillips C. Dumoulin Francois Dumoulin Duncan Cumming William Haywood Johan Nikal Sein Mann Robt. McCay Charles Le Mardert James Robinson Jean Bernard Alexr Fraser Malcolm ffraser John McCord Junr Henry Dunn

PETITIONS TO THE LORDS.1 "To the Lords Spiritual and Temporal in Parliament assembled.

“The Petition of his Majesty’s loyal and dutiful his ancient Subjects “settled in the Province of Quebeck,

“Humbly sheweth,

“That since the commencement of civil government in this province, “your lordships’ humble petitioners, under the protection of English laws “granted us by his sacred majesty’s royal proclamation, bearing date “the seventh day of October, which was in the year of our Lord one thousand “seven hundred and sixty-three, have been encouraged to adventure their “properties in trade, estates and agriculture, to a very considerable amount, “thereby rendering the province a valuable acquisition to Great-Britain : “That, to their inexpressible grief, they find, by an act of parliament “intitled, An act for making more effectual provision for the government of “the province of Quebeck in North- America," they are deprived of the habeas “corpus act and trials by juries, are subjected to arbitrary fines and impri- sonment, and liable to be tried both in civil cases and matters of a criminal “nature, not by known and permanent laws, but by ordinances and edicts “which the governour and council are impowered to make void at their will “and pleasure, which must render our persons and properties insecure, and

1 “An Account of the Proceedings.” &c., p. 246. This bears the same signatures as the peti-

tion to the King.

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“has already deeply wounded the credit of the country, and confined our “views in trade to very narrow limits.

“In this cruel state of apprehension and uncertainty, we humbly implore “your lordships’ favourable interposition, as the hereditary guardians of the “rights of the people, that the said act may be repealed or amended, and “that your humble petitioners may enjoy their constitutional rights, privi- leges and franchises heretofore granted to all his majesty’s dutiful subjects.

“And your petitioners, as in duty bound, will ever pray.

“Quebeck, 12th Nov. 1774.”

PETITION TO THE COMMONS.1

“To the Honourable the Commons of Great-Britain in Parliament assembled.

“The humble Petition and Memorial of his Majesty’s ancient Subjects “the Seigneurs, Freeholders, Merchants, Traders, and others settled in “his Majesty’s Province of Quebeck,

“Sheweth,

“That, under the sanction of his majesty’s royal proclamation, bearing “date the seventh day of October, in the year of our Lord one thousand “seven hundred and sixty-three, which graciously promises to all persons “inhabiting in, or resorting to, this province, his royal protection for the “enjoyment of the benefit of the laws of therealm of England, until assemblies “should be called therein, they did come and settle themselves in this “province, having entrusted their own properties, as well as very consider- able sums of their friends, in goods and merchandize, from Great-Britain, “and entrusted the same into the hands of the Canadians, as well for the “purpose of internal trade in the province, as for outsets in carrying on the “traffick of furs and peltries in the Indian countries and fisheries below “Quebeck, many of them having purchased lands and houses, and been “employed in agriculture, and the exportation of grain and other produce “to foreign markets, to the great benefit and emolument of the said pro- vince, which has flourished chiefly by the industry and enterprising spirit “of the said subjects, who, under the protection of British laws, and by the “assistance of annual supplies of British manufactures, and other goods and “merchandize obtained upon credit from the merchants of Great-Britain, “have been enabled to carry on at least four parts in five of all the imports “and exports which are principally made in British bottoms, the latter “consisting of furs, peltries, wheat, fish, oil, pot-ash, lumber, and other “country produce : and for the more convenient carrying on the said trade “and commerce, they have built wharfs and store-houses at a very great “expense, insomuch that the property, real and personal, now in British “hands, or by them entrusted to Canadians at a long credit, is one half of “the whole value of the province, exclusive of the wealth of the different “communities ; which your petitioners have in part set forth in the humble “petition to his most excellent majesty, dated at Quebeck the thirty-first “day of December which was in the year of our Lord one thousand seven

1 “An Account of the Proceedings” &c., p. 254. This also bears the same list of names as the other petitions.

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593

SESSIONAL PAPER No. 18

“hundred and seventy- three;1 humbly praying, that he would be graciously “pleased to require his governour or commander in chief to call a general assem- bly, in such manner, and of such constitution and form, as to his majesty’s “royal wisdom should seem best adapted to secure the peace, welfare, and good “government of this province. Wherefore with deep concern they observe, “that in certain examinations taken before your honourable house, the “British subjects here have been grossly abused and misrepresented, as “well as to their numbers as in their importance in this province. For the “number of the new subjects has, we humbly conceive, been greatly exaggerat- ed, it being, by the last computation, about seventy-five thousand ; whereas, ‘by an enumeration of the British subjects, they amount at this time to “upwards of three thousand souls, besides many that we cannot immediately “ascertain that are dispersed in the Indian countries carrying on traffick “with the savages, besides the merchants and traders with their families “settled at Detroit and its dependencies, and at the fisheries below Quebeck. “And whereas an act of parliament has lately passed, intituled, An act “for the making more effectual provision for the government of the province of “Quebeck in North- America," which is said to have been passed upon the “principles of humanity and justice, and at the pressing instance and “request of the new subjects, signified to his majesty by an humble petition2 “setting forth their dislike to the British laws and form of government, and “praying, in the name of all the inhabitants and citizens of the province, “to have the French institutes in their stead, and a total abolition of trials “by jury, together with a capacity of holding places of honor and trust “in common with his majesty’s ancient subjects. We crave leave to inform “your honourable house, that the said petition was never imparted to the “inhabitants in general (that is) the freeholders, merchants and traders, “who are equally alarmed with us at the Canadian laws being to take place, but “was in a secret manner carried about and signed by a few of the seigneurs, “chevaliers, advocates, and others in their confidence, at the suggestions, “and under the influence of their priests ; who, under colour of French “laws, have obtained an act of parliament which deprives his majesty’s “ancient subjects of all their rights and franchises, destroys the Habeas “Corpus act, and the inestimable privilege of trial by juries, the only “security against the venality of a corrupt judge, and gives unlimited power “to the governour and council to alter the criminal laws ; which act has “already struck a damp upon the credit of the country, and alarmed all “your humble petitioners with the just apprehensions of arbitrary fines “and imprisonment, and which, if it takes place, will oblige them to quit “the province, or, in the end, it must accomplish their ruin, and impoverish “or hurt their generous creditors, the merchants in Great-Britain, &c. “To prevent which, your petitioners most humbly pray that the said act “may be repealed or amended, and that they may have the benefit and

1 See p. 495.

2 See p. 554.

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“protection of the English laws, in so far as related to personal property ; “and that their liberty may be ascertained according to their ancient “constitutional rights and privileges heretofore granted to all his majesty’s “dutiful subjects throughout the British empire.

“And your petitioners, as in duty bound, will ever pray.

“Quebeck, 12th Nov. 1774.”

INSTRUCTIONS TO GOVERNOR CARLETON, 1775.1 George R.

[L.S.]

Instructions to Our Trusty and Welbeloved Guy Carleton Esquire, Our Captain General and Governor in Chief in, and over Our Province of Quebec in America and of all Our Territories dependent thereupon. Given at Our Court at Sl James’s the Third Day of January 1775. In the Fifteenth year of Our Reign.

First, With theseOur Instructions you will receive Our Commission under Our Great Seal of Great Britain, constituting you Our Captain General

1 Canadian Archives, M 230, p. 116. There are several memoranda among the Dartmouth Papers, giving suggestions or draughts of various parts of the new Instructions for the Governor of Quebec. Most of these are without name or date. Some of them are referred to in connection with the articles of the instructions to which they relate. Among them is one endorsed, “Minutes of Quebec Instructions,” which indicates some of the chief points to be considered in framing the Instructions. It is as follows: (the numbers of the articles in the Instructions which em- body the features indicated are given within brackets after each head):

“Quebec— Habeas Corpus writ (13).

"Supreme Court of criminal Jurisdiction called Ks Bench. 2 Districts, Quebec & Montreal C. of Com. Pleas in each for civil suits 3 Judges in each. 2 Nat. Born & 1 Canadian. 1 C. of K’s B. in each of the 5 out Posts. 1 Judge, & 1 Canad. Assessor in Treason murder or Cap. Felony only to have power to commit Council to be Court of appeal where above £10 final to £500, abo\’e appeal to K. in Council, all Commissions, during pleasure. (15).

“Govr not to displace officers without representation. (17).

“No ecclesiast. Jurisd. to be exercised without Licence. No person to be ordained without Licence. (21, sec. 2).

“Prot. Tythes to be paid to Recr Gen1 for support of Protestant Clergy. (21. sec. 5).

"Seminaries of Qu. & Montr. to remain. (21, sec. 11).

“All other Communities (except Jesuits) to remain as at present not to fill up except Nuns.” (21, sec. 12). M. 385, p. 372.

On Dec. 5, 1774, the Board of Trade submitted to the King the draught of a new Commission for Governor Carleton with such formal changes only, as compared with the last, as were required by the terms of the Quebec Act. On Dec. 22nd the Board of Trade laid before the King the draught of the General Instructions for Governor Carleton. “This draught,” they say, "contains not only such Instructions as are usually given to other governors, so far as the same are applic- able to this Province under its New Constitution of Government; but also such other directions for the establishment of Judicature; the reform and regulation of Ecclesiastical matters; and the arrangements proper to be made in respect to the Coast of Labrador, and the interior Country, as appear to us to be necessary in consequence of the Act passed in the last Session of the late Parliament; it also contains an appointment of the Council conformable to that Act, and directs the provisions to be made for the support of the Civil Establishment of Government.

"We also humbly beg leave to lay before your Majesty a draught of such Instructions to your Majesty’s Governor of Quebec as are usually given to the governors of your Majesty’s other Colonies respecting the observance and the execution of the Laws for regulating the Plan- tation Trade.

“All which is most humblv submitted, Whitshed Keene, C. F. Greville, Soame Jenvns, W. Joliffe.” Q 18 B., p. 108.

On Jan. 7th, 1775, Dartmouth sent a despatch to Carleton enclosing his Commission and - Instructions. After repeating the statements of the Board of Trade, given above, he adds, "These documents contain such arrangements, in consequence of the Act of the 14th of his present Majesty, for providing for the more effectual Government of the Province of Quebec, as were necessary to accompany the new Commission, & also the outlines of that System of Judicature, & general Regulation of Ecclesiastical Affairs, which the King thinks fit should be provided for by Ordinances of the Legislative Council. Q 11, p. 59.

CONSTITUTIONAL DOCUMENTS

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SESSIONAL PAPER No. 18

and Governor in Chief in, and over Our Province of Quebec in America, and all Our Territories thereunto belonging, as the said Province and Territories are bounded and described in, and by the said Commission. You are therefore to take upon you the Execution of the Office and Trust We have reposed in you, and the Administration of the Government, and to do and execute all things in due manner, that shall belong to your Com- mand according to the several Powers and Authorities of our said Com- mission under Our Great Seal of Great Britain, and these Our Instructions to you, or according to such further Powers and Instructions, as shall at any time hereafter be granted or appointed you under Our Signet and Sign Manual, or by Our Order in Our Privy Council ; and you are to call together at Quebec, (Which We do hereby appoint to be the place of your ordinary Residence, and the principal Seat of Government,) the following persons whom We do hereby, with the Advice of Our Privy Council, constitute and appoint to be Our Council for the Affairs of Our said Province of Quebec, and the Territories thereunto belonging ; Viz. Hector Theophilus Cramahe Esquire, Our Lieutenant Governor of Our said Province or Our Lieutenant Governor of Our said Province for the time being, Our Chief Justice of Our Province for the time being, Hugh Finlay, Thomas Dunn, James Cuthbert, Colin Drummond, Francis Les Vesques ; Edward Harrison, John Collins, Adam Mabean, De Lery, S1 Ours, Picodyde Contrecoeur, Our Secretary of Our said Province for the time being, George Alsopp, De La Naudiere, La Corne S* Luc, Alexander Johnstone, Conrad Gugy, Bellestres, Rigauville, and John Fraser Esquires ; All and every of which Person and Persons shall hold and enjoy his & their Office and Offices of Councillor or Councillors for Our said Province of Quebec, for and during Our Will and Pleasure, and his or their Residence within Our said Province, and not otherwise.

2. It is Our further Will and Pleasure, that any five of the said Council shall constitute a Board of Council for transacting all Business, in which their Advice and consent may be requisite, Acts of Legislation only excepted, (in which Case you are not to act without a Majority of the whole,) And it is Our further Will and Pleasure, that the Members of Our said Council shall have and enjoy all the Powers, Privileges, and Emoluments enjoyed by the Members of Our Councils in Our other Plantations ; and also such others as are contained and directed in Our said Commission under Our Great Seal of Great Britain, and in these Our Instructions to you ; and that they shall meet together at such time and times, place and places, as you in your discretion shall think necessary, except when they meet for the purpose of Legislation, in which Case they are to be assembled at the Town of Quebec only.

3. And You are with all due and usual Solemnity to cause Our said Commission to be read and published at the said Meeting of Our Council, which being done, you shall then take and also administer to each of the Members of Our said Council, (not being a Canadian, professing the Religion

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of the Church of Rome,) the Oaths