6-7 EDWARD VII., A. 1907 (N°. 1.) Duplicate. MY LORD! CARLETON TO DARTMOUTH.1 QUEBEC 23 Sept 1774. 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 Regulation 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 EXTRACT OF A LETTER FROM GENERAL GAGE TO GENERAL "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 52 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 "apprehended 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 52 Regiments to embark without Delay on board the Trans'ports, for you will think with me they will have no Time to spare in coming down "the River St. Laurence. 66 "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 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 Sept 4th 1774. In Governor Carleton's of the 23rd Sept' N° 1 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. SESSIONAL PAPER No. 18 EXTRACT OF GENERAL CARLETON'S ANSWER TO GENL GAGE DATED QUEBEC 20TH SEPTR 1774.' "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”– 66 "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)* "'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" Endorsed-Extract of General Carleton's Answer to General Gage dated Quebec 20th Sept 1774. of the 23d Sepr. N° 1 G. C. DARTMOUTH TO CARLETON.3 WHITEHALL 10th Dec 1774 GOVERNOR CARLETON SIR, I have received your Dispatch of the 23 of Sept 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 Judicature' that 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. 195. Also his letter to Shelburne of Nov. 25th, 1767; p. 196. 3 Canadian Archives, Q10, p. 125. 66 4 It was apparently 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 & some how 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 apparently 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." However, the troubles in America, including Canada, which soon followed the passing of the Quebec Act, arrested the execution of this arrangement, and when, in 1777, the first ordinances were passed in Quebec for the establishing of courts of civil and criminal jurisdiction, the plan was greatly modified from the earlier draught. 6-7 EDWARD VII., A. 1907 to be established are well known, prejudices which popular Clamour has excited, will sease, and that His Majesty's Subjects of every description will see and be convinced of te 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 ojects His Majesty's gracious approbation of the Affection and Respect they have shewn for His Government, to en leavour 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 Ciaims and moderate. Wishes of the Canadians, but in the opening to the British Merchant, by an Extension of the Province, 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 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 Arrangements 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. Gov Colden, with Directions to him to see them conveyed to you from New York by a proper Messenger and with all possible Dispatch. 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, notwithstanding 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 continue 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 adopted 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: Certain it is however, that shortly after the said Congress had published in all the American Papers their approbation of the 1 Wm. Hey returned to Canada as Chief Justice in April 1775. * Canadian Archives, Q 11, p. 11. SESSIONAL PAPER No. 18 Suffolk County Resolves' in the Massachusets, 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, ahd 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," 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 Continuance of their zealous Endeavours in so good a Cause ; they intend a handsome 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, but of all this I speak doubtfully, as they have taken uncommon Pains to keep their whole Proceedings from my knowledge. 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 1 These were adopted on Sept. 9th, 1774. 2 The chief documents dealing with the Walker outrage are given in the "Report on Canadian 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's "Debates" &c. Preface, p. IV. These petitions were presented and are given immediately following this despatch. 6-7 EDWARD VII., A. 1907 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, 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 Earl of Dartmouth One of His Majesty's Principal Secretaries of State. GUY CARLETON 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 Proclamation bearing Date the Seventh Day of October which was in the Year of Our Lord One thousand vin Hundred and Sixty three Did come and Settle ourselves in the said Province purchasing House and Lands and carrying on extensive Trade Commerce and Agricul Ture 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 mry 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 Franchises granted by Your Majesty's Royal Predecessors and by us inherited from our Forefathers THAT We have lost the Protection of the English Laws nesreally admired for their Wisdom and Lenity and which we have ever held in the hight at Veneration and in their Stead the Laws of CANADA are to be introduced to which wh are utter Strangers disgraceful to us as Britons and in their Consequences ruinous From Properties as we thereby lose the invaluable Privilege of TRIAL by JURIES. THAT +anadian Archives, Q 11, p. 98. This is also given in Maseres' "An Account of the Proceedings " &c. Only the petition to the King is given in the State Papers, but those to the Lords and Commons gch by Maseres, The British element in the Province, for the most part, on learning the nature dmerias Act, which deprived them of the protection of the writ of Habeas Corpus and of trial by jury. tord French Law, set about procuring petitions for its repeal or amendment. They formally #ygen and Macbres as their agent in London, and to him they sent the three petitions to the King, Lords, **These petitions were received by Mr. Maseres about the 12th or 13th of last January, and the first of them, that to the King's majesty, was delivered by him to the Earl of Dartmouth, may by kerrietary of state for America, on the 18th of the same month; and those to the House of Erland Homes of Commons were some time after delivered to the lord Camden and Sir George Savile, whapgading the contents of them, undertook to present them to their respective houses of parliament." Au Atomt if the Proceedings " &c. p. 238. |