SESSIONAL PAPER No. 18 We hope to prove to your Majesty with all due submission the statements which we have the honour to lay before him. Our Governor, at the Head of his Council, has issued an ordinance for the Establishment of Courts, by which we were rejoiced to see, that to assist us in the settlement of family and other matters, a Lower Court of Justice was to be established where all cases between Frenchman and Frenchman could be decided. We have seen that by another ordinance, to avoid lawsuits, cases decided by this court should be without appeal, unless they were of the value of three Hundred Pounds. In proportion to the greatness of our Joy on seeing these wise regulations, was the distress with which we discovered that fifteen English Jurors as opposed to seven Jurors from the new Subjects had induced the latter to subscribe to Remonstrances in a language which they did not understand against these same Regulations. This is proved by their Remonstrances and Signatures of the evening before, in a Petition in which they urgently beg the Governor and his Council that their Judge may hold a sitting as their affairs were suffering for want of it. With deep bitterness in our hearts we have seen, that after all the proofs of Your Majesty's Paternal Affection for your new Subjects, these same fifteen Jurors, with the assistance of the Lawyers have proscribed us as unfit, from differences of Religion, for any office in our country; even Surgeons and Apothecaries (whose professions are free in all countries) being among the number. Who are those who wish to have us proscribed? About thirty English merchants, of whom fifteen at the most, are settled here. Who are the Proscribed? Ten thousand Heads of Families who feel nothing but submission to the orders of Your Majesty, and of those who represent you, who do not recognize as such this socalled Liberty with which the other party desire to incite them to opposition to all the Regulations which might be to their advantage, and who have enough intelligence to see, that these persons are guided by their own Interest rather than the public good. And in fact what would become of the general prosperity of the Colony, if those who form the principal section thereof, become incapable members of it through difference of Religion? How would Justice be administered if those who understand neither our Language nor our Customs should become our Judges, through the Medium of Interpreters. What confusion, what Expenditure of Moey would not result therefrom? Instead of the favoured Subjects of Your Majesty, we should become veritable Slaves; a Score of Persons whom we do not know would become the Masters of our Property and of our Interests; We should have no further Redress from those equitable Men, to whom we have been accustomed to apply for the settlement of our Family Affairs, and who if they abandoned us, would cause us to prefer the most barren country to the fertile land we now possess. It is not that we are not ready to submit with the most respectful obedience to all the Regulations which may be made for the Wellbeing and Prosperity of the Colony, but the favour which we ask is that we may be allowed to understand them. Our Governor and his Council have instructed us concerning those which have been already issued. They are for the good of the Colony, we have shown our Gratitude for the same, and yet now we are made to represent as a hardship by those who are speaking in our name, what we have found to be a benefit. That we may not further encroach upon Your Majesty's Precious Time, we conclude by assuring You, that without knowing the English Constitution we have during the past four years, enjoyed the Beneficence of the Government, and we should still enjoy it, if Mess's the English Jurors were as submissive to the wise decisions of the Governor and his Council, as we are; if they were not seeking by new regulations, by the introduction of which they hope to make us their slaves, to change at once the order and administration of Justice, if they were not desirous of making us argue our Family Rights in a foreign tongue, and thereby depriving us of those Persons, who from their knowledge of our Customs, can understand us, settle our differences, and administer Justice at slight expense; using every effort, on the plea of the difference of Religion, to prevent them even from acting as Counsel for their fellow countrymen. This we can only regard as due to the base anxiety for their own interests of those who have suggested such Principles. 6-7 EDWARD VII., A. 1907 We entreat Your Majesty with the deepest and most respectful submission to confirm the system of Justice which has been established for the French, by the deliberations of the Governor and Council, as also the Jurors and all others of different professions, to maintain the Notaries and advocates in the exercise of their functions, to permit us to transact our Family Affairs in our own tongue, to follow our customs, in so far as they are not opposed to the general Wellbeing of the Colony, and to grant that a Law may be published in our Language, together with the Orders of Your Majesty, whose most faithful Subjects, we do, with the most unalterable Respect, hereby declare Ourselves. The most faithful Subjects ORDINANCE OF NOV. 6th 1764.1 An ORDINANCE, For quieting People in their Possessions, and fixing the Age of Maturity. WHEREAS it appears right and necessary, to quiet the Minds of the People, in Regard to their Possessions, and to remove every Doubt respecting the same, which may any Ways tend to excite and encourage vexatious Law-Suits; and until a Matter of so serious and complicated a Nature, fraught with many and great Difficulties, can be seriously considered, and such Measures therein taken, as may appear the most likely to promote the Well-fare and Prosperity of the Province in general, His Excellency, by and with the Advice and Consent of His Majesty's Council, Doth hereby Ordain and Declare, That until the tenth Day of August next, the Tenures of Lands, in Respect to such Grants as are prior to the Cession thereof, by the definitive Treaty of Peace, signed at Paris the tenth Day of February, One Thousand Seven Hundred and Sixty-three, and the Rights of Inheritance, as practised before that Period, in such Lands or Effects, of any Nature whatsoever, according to the Custom of this Country, shall remain to all Intents and Purposes the same, unless they shall be altered by some declared and positive Law; for which Purpose the present Ordinance shall serve as a Guide and Direction in all such Matters, to every Court of Record in this Province: Provided that nothing in this Ordinance contained shall extend, or be construed to extend to the Prejudice of the Rights of the Crown, or to debar His Majesty, His Heirs or Successors from obtaining, by due Course of Law, in any of His Courts of Record in this Province, according to the Laws of Great Britain, any Lands or Tenements, which at any Time hereafter may be found to be vested in His Majesty, his Heirs or Successors, and in the Possession of any Grantee or Grantees, his, her, or their Assigns, or such as claim under them, by Virtue of any such Grants as aforesaid, or under Pretence thereof, or which hereafter may be found to have become forfeited to His Majesty, by Breach of all or any of the Conditions in such Grants respectively mentioned and contained. And be it Ordained and Declared, by the Authority aforesaid, That from and after the first Day of January, One Thousand Seven Hundred and Sixty-five, every Person arrived at the Age of Twenty-one compleat Years, shall be deemed for the future of full Age and Maturity agreeable to the Laws of England, and shall be entituled to take full Possession from that Time of every Estate or Right to him belonging; in Consequence thereof to sue for the same, or bring to Account the Guardians, or other Persons who may have been entrusted therewith. GIVEN by His Excellency the Honorable JAMES MURRAY, Esq; Captain General and Governor in Chief of the Province of QUEBEC, and Territories thereon depend ing in America, Vice Admiral of the same, Governor of the Town of Quebec, Colonel Commandant of the Second Battalion of the Royal American Regiment, &c. &c. In Council, at Quebec, the 6th Day of November, Anno, Domini, 1764, and in the Fifth Year of the Reign of our Sovereign Lord GEORGE the III. by the Grace of GOD, of GreatBritain, France and Ireland, KING, Defender of the Faith, &c. &c. By Order of His EXCELLENCY in Council, H: KNELLER, D:C:C: JA: MURRAY. "Ordinances, made for the Province of Quebec, by the Governor and Council, &c." Que. 1767. p. 18. SESSIONAL PAPER No. 18 MY LORDS GOVERNOR MURRAY TO THE LORDS OF TRADE.1 QUEBEC 29th Oct 1764 The inclosed papers will shew you the situation of affairs here and how necessary it is for me to send M' Cramahe to London' that your Lordships may have the most Minute and Clearest Acc' of every thing relating to this Province. An immediate Remedy seems necessary. To any thing I can write doubts may arise and misrepresentations may be made (which I find too frequently to be the case) the necessary delay to clear up such Doubts and misrepresentations by letters, may be dangerous. M' Cramahé will answer every purpose, if properly attended too, he is thoroughly informed of all I know, no Man has the good of this Colony more at heart, no Man is more zealous for the Kings service and certainly there doth not exist a Man of more Integrity and Application. Little, very little, will content the New Subjects but nothing will satisfy the Licentious Fanaticks Trading here, but the expulsion of the Canadians who are perhaps the bravest and the best race upon the Globe, a Race, who cou'd they be indulged with a few priveledges wch the Laws of England deny to Roman Catholicks at home, wou'd soon get the better of every National Antipathy to their Conquerors and become the most faithful and most useful set of Men in this American Empire. I flatter myself there will be some Remedy found out even in the Laws for the Relief of this People, if so, I am positive the populer clamours in England will not prevent the Humane Heart of the King from following its own Dictates. I am confident too my Royal Master will not blame the unanimous opinion of his Council here for the Ordonnance establishing the Courts of Justice, as nothing less cou'd be done to prevent great numbers from emigrating directly, and certain I am, unless the Canadians are admitted on Jurys, and are allowed Judges and Lawyers who understand their Language his Majesty will lose the greatest part of this Valuable people. I beg leave further to represent to your Lordship that a Lieu' Governor at Montreal is absolutely necessary, that Town is in the Heart of the most populous part of the Province, it is surrounded by the Indian Nations and is one Hundred and Eighty miles from the Capitol, it is there that the most opulent Priests live, and there are settled the greatest part of the French Nobless, consequently every intrigue to our disadvantage will be laid and hatched there, The expence of a Lieut Governor will be a Trifle, I am positive for some years it will not exceed what will be necessary to procure intelligence in that District, This will be saved if a Man of Authority, Diligence and Observation is at the Head of it on the Spots and I do from the Zeal I have for his Majestys Service and the conviction of my heart, declare, that M' Cramahé is the fittest man I know to fill that place; I am at least certain no body can be appointed who will be more agreeable to the new Subjects I have the Hon' to be with the greatest truth & regard. The Lords of Trade & Plant". (Signed) My Lords, Y Lordships' mo: Obt &ca JA: MURRAY P.S. I have been informed that Mess's Will Mackenzie Alex' Mckenzie and Will Grant have been solliciting their Friends in London to prevail upon your Lordships to get them admitted into his Majestys Council of this Province. I think it my 1 Canadian Archives; vol. 2, p. 233. 2 Mr. H. T. Cramahe had been Civil Secretary for the District of Quebec, from the time that Gen. Murray had been appointed Lt. Governor, after the Conquest. When Canada, following the example of the older colonies, desired to appoint an agent in London, Mr. Cramahé was nominated for the position, in Feb. 1764. The appointment, however, was apparently not made. When civil government was established, in Aug. 1764, Mr. Cramahé became a member of the first Council of the Province. This letter and the following petitions incidentally reveal the very strained relations, extending to personal bitterness, which existed between Governor Murray and the British commercial element in the colony, and which led to the Governor's recall. 4 The ordinance of Sept. 17th, 1764. See p. 149. 6-7 EDWARD VII., A. 1907 Duty to acquaint your Lordships that the first of these Men is a notorious smugler and a Turbulent Man, the second a weak Man of Little character and the third a conceited Boy. In short it will be impossible to do Business with any of them The Lords of Trade & Plantations (signed) JA: MURRAY PETITION OF THE QUEBEC TRADERS.1 To the King's Most Excellent Majesty The Humble Petition of Your Majesty's most faithful and loyal Subjects, British Merchants and Traders in behalf of themselves and their fellow Subjects, Inhabitants of your Majesty's Province of Quebec MAY IT PLEASE YOUR MAJESTY. Confident of Your Majesty's Paternal Care and Protection extended even to the meanest and most distant of your Subjects, We humbly crave your Majesty's Gracious Attention to our present Grievances and Distresses We presume to hope that your Majesty will be pleased to attribute our approaching your Royal Throne with disagreeable Complaints, to the Zeal and Attachment we have to your Majesty's Person and Government, and for the Liberties & Priviledges with which your Majesty has indulged all your Dutifull Subjects. Our Settlement in this Country with respect to the greatest part of us; takes it's date from the Surrender of the Colony to your Majestys Arms; Since that Time we have much contributed to the advantage of our Mother Country, by causing an additional Increase to her Manufactures, and by a considerable Importation of them, diligently applied ourselves to Investigate and promote the Commercial Interests of this Province and render it flourishing To Military Government, however oppressive and severely felt, we submitted without murmur, hoping Time with a Civil Establishment would remedy this Evil With Peace we trusted to enjoy the Blessings of British Liberty, and happily reap the fruits of our Industry: but we should now despair of ever attaining those desirable ends, had we not Your Majesty's experienced Goodness to apply to. The Ancient Inhabitants of the Country impoverished by the War, had little left wherewith to purchase their common necessaries but a Paper Currency of very doubtfull Value: The Indian War has suspended our Inland Trade for two years past, and both these Causes united have greatly injured our Commerce. For the redress of which we repose wholly on your Majesty, not doubting but the Wisdom of your Majesty's Councils will in due time put the Paper Currency into a Course of certain and regular Payment, and the Vigour of Your Majesty's Arms ter minate that War by a peace advantageous and durable. We no less rely on your Majesty for the Redress of those Grievances we suffer from the Measures of Government practised in this your Majesty's Province, which are The Deprivation of the open Trade declared by your Majesty's most gracious Proclamation, by the Appropriation of some of the most commodious Posts of the Resort of the Savages, under the Pretext of their being your Majesty's private Domain. The Enacting Ordinances Vexatious, Oppressive, unconstitutional, injurious to civil Liberty and the Protestant Cause. Suppressing dutifull and becoming Remonstrances of your Majesty's Subjects against these Ordinances in Silence and Contempt. 1 Canadian Archives; vol. B 8, p. 6. 2 This paper currency was issued by the Intendants under the French Regime, and especially by the last of them, the notorious Bigot. Its redemption by the French Government was at this time the subject of special negotiations. 3 Pontiac's Rebellion. For the previous condition of these posts, see Murray's Report of 1762, p. 42. SESSIONAL PAPER No. 18 The Governor instead of acting agreeable to that confidence reposed in him by your Majesty, in giving a favorable Reception to those of your Majesty's Subjects, who petition and apply to him on such important Occasions as require it, doth frequently treat them with a Rage and Rudeness of Language and Demeanor, as dishonorable to the Trust he holds of your Majesty as painful to those who suffer from it. His further adding to this by most flagrant Partialities, by formenting Parties and taking measures to keep your Majesty's old and new Subjects divided from one another, by encouraging the latter to apply for Judges of their own National Language. His endeavouring to quash the Indictment against Claude Panet (his Agent in this Attempt who laboured to inflame the Minds of the People against your Majesty's British Subjects) found by a very Worthy Grand Inquest, and causing their other judicious and honest Presentments to be answered from the Bench with a Contemptuous Ridicule. This discountenancing the Protestant Religion by almost a Total Neglect of Attendance upon the Service of the Church, leaving the Protestants to this Day destitute of a place of Worship appropriated to themselves. The Burthen of these Grievances from Government is so much the more severely felt, because of the natural Poverty of the Country; the Products of it been extremely unequal to support its Consumption of Imports. Hence our Trade is miserably confined and distressed, so that we lye under the utmost Necessity of the Aids and Succours of Government, as well from Our Mother Country as that of the Province, in the Place of having to contend against Oppression and Restraint. We could enumerate many more Sufferings which render the Lives of your Majesty's Subjects, especially your Majesty's loyal British Subjects, in the Province so very unhappy that we must be under the Necessity of removing from it, unless timely prevented by a Removal of the present Governor. Your Petitioners therefore most humbly pray your Majesty to take the Premises into your gracious Consideration, and to appoint a Governor over us, acquainted with other maxims of Government than Military only; And for the better Security of your Majesty's dutiful and loyal Subjects, in the Possession and Continuance of their Rights and Liberties, we beg leave also most humbly to petition that it may please your Majesty, to order a House of Representatives to be chosen in this as in other your Majesty's Provinces; there being a number more than Sufficient of Loyal and well affected Protestants, exclusive of military Officers, to form a competent and respectable House of Assembly; and your Majesty's new Subjects, if your Majesty shall think fit, may be allowed to elect Protestants without burdening them with such Oaths as in their present mode of thinking they cannot conscientiously take. We doubt not but the good Effects of these measures will soon appear, by the Province becoming flourishing and your Majesty's People in it happy. And for Your Majesty and your Royal House your Petitioners as in Duty bound shall ever pray &ca &ca |