SESSIONAL PAPER No. 18 Intelligence to them, to the great Prejudice and Hazard of Our said plantations; You are therefore by all possible Methods, to endeavour to hinder such Trade and Correspondence in time of War 70. And You are to Report to Us, by one of Our principal Secretaries of State; What is the Nature of the Soil and Climate of the province under your Government, if it differs in those Circumstances from Our other Northern Colonies, in what that Difference consists, and what beneficial Articles of Commerce the different parts of it are capable of producing ?- What Rivers there are, and of what extent and convenience to the planters? What are the principal Harbours, how situated, of what extent, and what is the Depth of Water and Nature of the Anchorage in each of them? What Quantity of Land is now under actual Improvement and Settlement? what are the chief Articles of produce and Culture, the annual amount of the Quantity of each, and upon what Terms and Conditions the Inhabitants hold their Lands, either of Cultivation Rent, or personal Service?— What is the Quantity, Nature and property of the Land uncultivated, how much of it is capable of Culture, and what part thereof is private property? What is the number of Inhabitants, Whites and Blacks distinguishing each; what number of the former is capable of bearing Arms, and what number of the latter is annually necessary to be supplied in proportion to the Land Cultivated. What was the nature, form and Constitution of the Civil Government; what Judicatures were there Established, and under the Regulations did the french Inhabitants carry on their Commerce; and You are to transmit a Duplicate of such Account to Our Commissioners for Trade and plantations for their Information. 71. You are from time to time to send unto Us by One of Our principal Secretaries of State as aforesaid; An account of the Increase and Decrease of the Inhabitants, Whites and Blacks; And also an Account of all persons, Born, Christened and Buried and You are to Transmit duplicates of such Accounts to Our Commissioners for Trade and plantations for their Information. 72.- Whereas it is absolutely necessary that We be exactly Informed of the State of Defence of all our plantations in America, as well in Relation to the Stores of War that are in each plantation, as to the Forts and Fortifications there, and what more may be necessary to be built for the Defence and Security of the same, You are as soon as possible to prepare an Account thereof with Relation to Our said province in the most particular manner, and You are therein to Express the present State of the Arms, Ammunition, and other Stores of War, belonging to the said Province, either in publick Magazines, or in the Hands of private persons; together with the State of all places, either already forfeited or that you Judge Necessary to be forfeited for the Security of Our said province; and You are to transmit the said Accounts to Us by One of Our Principal Secretaries of State, and also Duplicates thereof to Our Commissioners for Trade and Plantations, for their Information, and also a Duplicate thereof to Our Master General or Principal Officers of Our Ordnance ; which Accounts are to Express the particulars of Ordnance, Carriages, Balls, Powder, and other Sorts of Arms, and Ammunition in Our publick Stores, and so from time to time of what shall be sent to you, or bought with the publick Money, and to Specify the time of the disposal and the Occasion thereof; and You are half yearly to transmit a General Account of the State of the Fortifications and Warlike Stores, specified in the manner above mentioned 73. You are from time to time to give an Account what Strength your Neighbours have by Sea and Land, and of the Condition of their plantations, and what Correspondence You keep with them 74. And in Case of any Distress of any other of Our plantations, You shall, upon application of the respective Governors thereof unto you, assist them with what aid the Condition and Safety of Our province under Your Government can spare. 75. If any thing shall happen which may be of advantage or Security to Our province under Your Government, which is not herein, or by Your Commission provided for, We do hereby allow unto You with the Advice and Consent of Our Council, 18-3-15 6-7 EDWARD VII., A. 1907 to take Order for the present therein, giving unto Us by One of Our principal Secretaries of State Speedy Notice thereof, that You may receive Our Ratification, if We shall approve the same; Provided always that You do not, by Colour of any power or Authority hereby given You, Commence or Declare War without Our Knowledge and particular Commands therein; and you are also to Transmit duplicate of such Notice, as aforesaid, to Our Commissioners for Trade and plantations for their Information 76. And Whereas We have by the first Article of these Our Instructions to You directed and Appointed, that Your Chief Residence shall be at Quebec, You are nevertheless frequently to Visit the other parts of Your Government, in Order to Inspect the Management of all publick Affairs and thereby the better to take care, that the Government be so administered, that no disorderly practice may grow up contrary to Our Service and the welfare of Our Subjects 77.-And Whereas great Prejudice may happen to Our service, and the security of the Province by Your absence from those parts, You are not upon any pretence whatsoever to come into Europe, without having first obtained leave for so doing from Us under Our Sign Manual and Signet or by Our Order in Our privy Council; Yet nevertheless in Case of Sickness, You may go to South Carolina, or any other of Our Southern plantations, and there Stay for such Space as the Recovery of Your Health may absolutely require 78. And Whereas We have thought fit by Our Commission to direct, that in Case of Your Death or absence from Our said province, and in Case there be at that time no person within Our said province Commissionated or Appointed by Us to be Our Lieutenant Governor or Commander in Chief that the Eldest Councillor, who shall be at the time of Your Death or absence residing within Our said Province under Your Government, shall take upon him the Administration of Government, and execute our said Commission and Instructions, and the several powers and Authorities therein directed-It is nevertheless Our Will and Pleasure that in such Case the said President shall forbear to pass any Act or Acts but what are immediately necessary for the peace and Welfare of the said Province, without our particular Orders for that purpose, and that he shall not remove or Suspend any of the Members of Our Council, nor any Judges, Justices of the peace, or other Officers Civil or Military, without the advice and consent of at least Seven of the Members of Our said Council, nor even then without good and sufficient Reasons for the same which the said President is by the first Opportunity to transmit Signed by himself and the rest of Our said Council, to Us by One of Our principal Secretaries of State, and he is also to transmit a Duplicate of such Reasons to Our Commissioners for Trade and plantations for their Information- 79 And Whereas We are willing in the best manner to provide for the Support of the Government of Our Province aforesaid, of which You are Governor, by setting apart sufficient allowances to such as shall be Our Governor or Commander in Chief residing for the time being within the same, Our Will and Pleasure is, that when it shall happen, that You shall be Absent from Our said Province, One full Moiety of the Salary and all perquisites and Emoluments whatsoever, which would otherwise become due unto you, shall during the time of Your absence, be paid and satisfied unto Our Commander in Chief, who shall be resident within our said province for the time being, which we do hereby Order and allct to him for his Maintenance and for the better Support of the Dignity of that Our Government. 80. And You are upon all Occasions to send unto Us by One of Our principal Secretaries of State a particular Account of all Your proceedings, and of the Condition of for Affairs within Your Government, and also a Duplicate thereof to Our Commissioners Trade and plantations, for their Information, except in cases of a Secret Nature MEMORANDUM-The Instructions relative to the Acts of Trade and Navigation for Gov Carleton are the same with those given to Gov Shirley for the Bahama Islands the Plantation Book, 1767-1771 Privy C. O. Quebec. General Instructions, Gov. Carleton, approved by His Majesty in Council 1768. day of The proper support and encouragement to be given to the Church of England as well as the necessary toleration to be allowed to His Majesty's new subjects in the exercise of the Roman Catholic Religion, will be matters of serious attention in the consideration of the general regulations for the Colony of Quebec, which important business is, I trust, now drawing near to some conclusion. In the mean time His Majesty does not doubt that you will give all necessary protection to the new subjects in the exercise of their religion; and is pleased to recommend it to you particularly to countenance the established Church, and to take care that the Offices of it are administered with a decency corresponding to the purity of its principles. * * * * * I am &c. HILLSBOROUGH CARLETON TO HILLSBOROUGH.2 Secret Correspondence QUEBEC NOV 20th 1768. MY LORD Since my arrival in this province, I have not been able to make any discovery, that induces me to give credit to the paper of intelligence inclosed in your Lordships letter of the 14th of May last; nor do I think it probable the Chiefs of their own free motion in time of peace, dare assemble in numbers, consult, and resolve on a revolt; or that an assembly of military men should be so ignorant, as to fancy they could defend themselves by a few fireships only, against any future attack from GreatBritain, after their experience in fifty nine. Notwithstanding this, and their decent and respectful obedience to the Kings government hitherto, I have not the least doubt of their secret attachments to france, and think this will continue as long as they are excluded from all employments under the Brittish Government, and are certain of being reinstated, at least in their former Commissions under that of france, by which chiefly they supported themselves, and families. When I reflect that france naturally, has the affections of all the people; that, to make no mention of fees of Office & the vexations of the Law, we have done nothing to Gain one man in the province, by making it his private interest to remain the King's Subject; and that the interests of many would be greatly promoted by a revolution; I own, my not having discovered a treasonable correspondence, never was proof sufficient to convince me, it did not exist in some degree, but I an inclined to think, if such a message has been sent, very few were entrusted with the secret perhaps the Court of france, informed a year past by Mons' de Chatelet, that the King purposed raisign a Regiment of His new subjects, caused this piece of intelligence to be communicated, to create a jealousy of the Canadians, and prevent a measure that might fix their attachments to the Brittish government, and probably, of those Savages who have always acted with them however that be, on receiving this news from france last Spring, most of the Gentlemen in the province applied to me, and begged to be admitted into the 1 Canadian Archives, Q 5-2, p. 756. The portions omitted refer to the appointment of two ministers of the Church of England to the parishes of Quebec and Three Rivers, and the objections of Carleton to one of them, formerly a French Jesuit. 2 Canadian Archives, Q 5-2, p. 890. 3 This letter does not appear among the State Papers in the Canadian Archives. 18—3--15 6-7 EDWARD VII., A. 1907 King's Service, assuring me they would take every opportunity to testify their zeal, and gratitude for so great a anark of favour & tenderness, extended, not only to them, but to their posterity. When I consider further; that the Kings dominion here is maintained here but by a few troops, necessarily dispersed, without a place of security for their magazines, for their Arms, or for themselves; amidst a numerous military people, the Gentlemen all Officers of experience, poor, without hopes that they or their descendants will be admitted into the service of their present Sovereign, I can have no doubt that france, as soon as determined to begin a war will attempt to regain Canada, should it be intended only to make a diversion, while it may reasonably be undertaken with little hazard, should it fail, and where so much may be gained, should it succeed. But should france begin a War in hopes the Brittish-colonies will push matters to extremities, and she adopts the project of supporting them in their independent notions, Canada, probably, will then become the Principal scene, where the fate of America may be determined. Affairs in this situation, Canada in the hands of france would no longer present itself as an enemy to the Brittish colonies, but as an ally, a friend, and a protector of their Independency. Your Lordship must immediately perceive the many disadvantages Great Britain would labour under in a war of this nature; and on the other hand, how greatly Canada might for ever Support the Brittish interests on this Continent, for it is not united in any common principle, interest, or wish with the other Provinces, in opposition to the Supreme-seat of Government, was the King's dominion over it only strengthened by a Cittadel, which a few national troops might secure, and the natives attached, by making it their interest to remain His Subjects. My letters to the Earl of Shelburne No- 20, 23, 24, 25, & 26,' contain more fully my humble opinion of the measures necessary to obtain this desirable End, convinced, that the affections of the Canadians, or a great force, is necessary to secure this province in time of War, or, at least, till the marine of france is thoroughly subdued: to those letters I refer your Lordship for further particulars, and am, with great regard, and esteem, Your Lordships most Obedient & most humble Serv To the Earl of Hillsborough GUY CARLETON A DRAUGHT of An Intended Report of the Honourable the Governor in May it please your Majesty, In humble obedience to your Majesty's order in council, of the 28th day of August 1767,3 wherein your Majesty is please to order that we should report to your Majesty, First. Whether any, and wha', defects are now subsisting in the present state of Judicature in this your Majesty's province of Quebec : And Secondly. Whether the Canadians are, or think themselves, aggrieved according to the present administration of justice: wherein, and in what respects; together with our opinions of any alterations or amendments that we can propose for the general benefit of the said province; and that such alterations and amendments, for the clearer apprehension thereof, be trans 1 For Nos. 20, 23 & 26, see pp. 196, 201, 205. No. 24 is Carleton to Shelburne Jan. 18th, 1768, enclosing Minutes of Council from Oct. 1st to Dec. 31st, 1767. See Q 5-1, p. 351. No. 25 is Carleton to Shelburne, Jan. 19th, 1768, enclosing petition of merchants with reference to bankruptcy law. See Q 5-1, p. 365. 2 From A Collection of Several Commissions, and other Public Instruments, Proceeding from hi Majesty's Royal Authority, Relating to the Province of Quebec. Collected by Francis Maseres, Attorney General of the Province. London; 1772, p. 1. Given also in Canadian Archives, Q 56-2. * See p. 199. SESSIONAL PAPER No. 18 The laws of province. The commission of the mitted to your Majesty in the form of ordinances, but not passed as such; and that such report be returned, signed by your Majesty's governor, or his locum tenens, the chief justice, and attorney general of the said province; but that, if they should not concur, the person or persons differing in opinion should be required to report the difference of his opinions, together with his reasons for such difference of opinion, fully and at large : We lay before your Majesty the following view of the laws and customs which at present prevail in this province, and of the rules of decision observed by your Majesty's courts of judicature in the administration of justice, together with such observations on these heads as the experience we have had in our respective offices since we have had the honour to serve your Majesty in this province has enabled us to make. In the first place, we beg leave to observe to your Majesty, that the laws England are of England are generally supposed to be in force in this province. All generally thought to be criminal proceedings have been carried on according to these laws and in in force in this civil matters no other laws are cited, or appealed to, or allowed to be of any weight in the courts of justice; though in one or two causes certain customs that prevailed here in the time of the French government have been admitted as the grounds of the decisions, because the causes of action in those litigations had arisen either in the time of the French government, or during your Majesty's government of this province by your military commanders, during which period the ancient laws and usages of the country were supposed to be in force. But since the establishment of civil government your Majesty's chief justice of the province has acted by virtue of a chief justice commission' that commands him to decide all matters that come before refers to them. him according to the laws and customs of that part of your Majesty's kingdom of Great Britain called England, and the laws, ordinances, rules, and regulations of your Majesty's province of Quebec hereafter in that behalf to be ordained and made: so that he is not at liberty to allow of any other laws or customs but those of England, unless they are expressly introduced or revived by some of the ordinances of the province made since the establishment of the civil government. And further, besides this commission, there is an express ordinance of the province which obliges both your Majesty's chief justice and the other judges of the province to follow the same rule of judgment. This is the ordinance of the 17th of September 1764,2 passed by the governor and council of the province upon the introduction of the civil government, to erect and constitute the courts of justice by which the said civil government was to be carried on. This ordinance erects, in the first place, one superior court of judicature, called the King's Bench, in which it directs that your Majesty's chief justice of the province shall preside, with power and authority to hear and determine all criminal and civil causes, agreeable to the laws of England and to the ordinances of this province: and, in the second place, an inferior court of judicature, called the Court of Common Pleas, with power and authority to determine all property above the value of ten pounds, with a liberty to either party to appeal to the superior court, or court of King's Bench, where the matter in contest is of the value of twenty pounds, or upwards; and directs that the judges in this court shall determine the matters before them agreeable to equity, having regard nevertheless to the laws of England as far as the circumstances and situation of things will permit, until such time as proper ordinances for the information of the people can be established by the governour and council, agreeable to the laws of England; and it farther directs. that the French laws and customs shall be allowed and admitted in all causes in this court between the natives of this province, where the cause of action arose before the 1st day of October 1764. It then, in the third place, gives So does the ordinance of the 17th of September 1764. Purport of this ordin ance. |