6-7 EDWARD VII., A. 1907 early in 1767,' in which, and indeed in all my political letters, I had a war of this sort constantly in view, as your Lordship may perceive upon perusal, and have not now the least reason to change my opinion of these matters.

The second division of the Brunswick Troops" is arrived, except about half the Regiment of Speckt, in the Vriesland Transport. They are on their march, and I expect their last Division will arrive at St. Johns about the middle of October.

I received by Captain Le Maistre, who arrived here with General Burgoyne in the Apollo the 6th instant, your Lordship's several Dispatches from N°. 3. to No. 7. inclusive, Your seperate Letter of 26th March last, and the others from N° 9 to No. 16 inclusive, with the annexed Papers.*

Inclosed herewith, I now transmit to Your Lordship the Ordinances, that have passed in the Session of His Majesty's Council, held here this last Winter these Ordinances have been framed upon the Principle of securing the Dependence of this Province upon Great Britain, of suppressing that Spirit of Licentiousness and Independence, that has pervaded all the British Colonies upon this Continent, and was making, through the Endeavours of a turbulent Faction here, a most amazing Progress in this Country; and in the Hopes of rendering Canada of Use to Great Britain by it's Military Strength, as well as by it's Commerce.

There is no Doubt, but the Canadians may again be reduced to that state of Deference and Obedience, which they formerly paid their ancient Government, tho' it must necessarily be the work of some time; untill it is firmly accomplished, it will require a Military Force to support the Civil Authority; the Noblesse, Clergy, and greater Part of the Bourgeoisie, in the Course of the present Troubles, have given Government every Assistance in their Power, and will greatly help in restoring a proper 1 Referring to his letter of 15th Feb., 1767. See p. 195. This is to much the same purpose as that to Hillsborough in Nov. 1768.

2 In a note from George III. to Lord North, 12th Nov., 1775, referring to the distribution of the German mercenaries to be employed in the colonies, the King says, "The Troops of the Duke of Bruns wick shewed so much want of courage last war, that Carleton, who can have but a small number of British Troops, ought to have the Hessians." Letters of George III. to Lord North, in Lord Brougham's "Statesmen of the Time of George III." Vol. 1, p.93.

3 Canadian Archives, Q 13, p.96.

+ These despatches refer almost entirely to military matters. They will be found as follows: Nos. 3 to 7 in Q 12 pp. 84, 86, 88, 90, 92; Nos. 9 to 16 in Q13, pp. 80, 81, 82, 83, 85, 87, 90 & 93. The separate letter of 26th March gives instructions as to the disposal of the troops sent to Quebec. Three thousand were to be retained in the Province and the remainder sent on two expeditions, one under Burgoyne and the other under St. Leger. That under Burgoyne was the famous expedition which met with disaster at Saratoga.

5 See list of Ordinances given below, p. 463.

SESSIONAL PAPER No. 18

subordination,' without which all Regulations are vain; but this depends still more on Your Lordship's Office, and the King's confidential Servants at Home, without whose steady concurrence, all the Efforts of a Provincial Administration, for many years, must come to nothing.

Some of the British Traders here having taken up the Idea of a Chamber of Commerce, in place of Juries, a Plan was accordingly drawn up, which is herewith inclosed; the Militia Ordinance is to continue only for two Years by Way of Trial, and as an Essay towards training the Canadians to Obedience by Degrees, untill we have time to perfect a more solid and permanent system, if our present Tranquility continues uninterrupted, we shall be able next Session, I hope, to make a further Progress in the settlement of this extensive Province.?

With these Ordinances your Lordship will receive a Proclamation, prohibiting the Exportation of Cattle and live Stock for this Year, and of Corn, Flour, and Biscuit, untill our Victuallers arrive, and we can hear how His Majesty's Forces to the Southward, under the Command of Sir William Howe, are supplied.

We have no Parchment in the Province, or the Ordinances should have been transcribed thereon.

1 There are numerous references in the documents of the period, to the strong objections which the general body of the French Canadians manifested at being subjected once more to the feudal control of the noblesse. Gen. Burgoyne, in a letter to Lord Germain, May 14th, 1777, says he finds it impossible to obtain much assistance from the Canadians, and this he attributes to two causes; "I believe particularly to the unpopularity of their Seigneurs, & to the poison which the Emissaries of the rebels have thrown into their minds." Q13, p.108. Having made further complaints on the same score to Carleton and Germain, Carleton answers him, on the 29th May, in the following manner:-"The Desertion you give me Notice of in your Letter of 26th instant does not surprise me, it has been the same here, and was no more than what I expected; if Government laid any great Stress upon Assistance from the Canadians, for carrying on the present war, it surely was not upon Information proceeding from me, Experience might have taught them, and it did not require that to convince me, these People had been governed with too loose a Rein for many years, and had imbibed too much of the American Spirit of Licentiousness and Independence administered by a numerous and turbulent Faction here, to be suddenly restored to a proper and desirable Subordination.' Q 13, p.222.

2 In another letter, of July 10th, 1777, to Germain, Carleton throws further light on this subject :— "That in the Beginning, I might not have the Disobedience of great Numbers to contend with, under many Disadvantages, a small Force in Arms was demanded of the Province for this Season, and agreable to their former Plan of Service; in Order to reconcile them by Degrees, to what under the French Government was deemed an indispensable Duty." He then refers to the more successful effort to raise an additional force by the volunteer system, and, in response to Burgoyne's request and Germain's expectation, he had ordered a Corvée of 500 men to follow the army. Nevertheless Your Lordship will be pleased to observe, that these services are a considerable Burthen upon the People, and that after the Disuse of them for many years, it is not surprising, they should forget the Duty, to which they were bound by the Tenure of their Lands, and their original Government, Nor is it a Matter of Wonder, that after so many concurring Circumstances to destroy that Obedience, for which they formerly were remarkable, and to encourage all Kind of Disrespect to the King's Authority in this Province, that I should meet with Difficulties in restoring these ancient Usages, without either Laws, Strength in Government, or even Your Lordship's Countenance as Minister, to assist me ; Q 13, p.333.

6-7 EDWARD VII., A. 1907

PLAN FOR THE ESTABLISHMENT OF A CHAMBER OF COMMERCE FOR THE CITY & DISTRICT OF QUEBEC.1

Art. 1st.

The chamber of commerce to be composed of all the merchants and traders in this city & district, willing to become members thereof, french & english without distinction.

Art. 2nd

Every member of the chamber of commerce shall pay on his admission the sum of eight spanish dollars towards the support thereof, and continue to pay yearly, so long as he may chuse to remain a member, his proportion of what may be thought sufficient, by a majority of the subscribers, to defray the annual expences of the chamber.

Art. 3rd

Twenty five directors, including a president, vice-president, treasurer, and clerk, shall be elected, without delay, by a majority of the subscribers; and they shall be deemed a full board for the space of one year, and any five or more of the directors, but not less, shall have power to sit and do business.

Art. 4th

At the expiration of every year, the same number of directors shall be chosen, in the same manner, from the list of subscribers, for an equal space of time, so that all the members may serve in their turn, if elected by the majority.

Art. 5h

The directors of the chamber of commerce, so established, to be a board of arbitrators, authorised to decide, to the best of their knowledge and judgment, all commercial matters, in controversy, that may be brought before them, by mutual consent of parties; the award of a majority of five or more sitting directors, on any point in dispute, when made in writing, within a limited time, to be final in all matters not exceeding £50. hfx currency; but when the same shall exceed that sum, either of the contending parties shall have liberty to appeal to a full board, every member whereof shall be summoned for that purpose; and the said full board shall not consist of less than a majority of the whole twenty five directors, and the decision of the said full board, or the major part thereof, shall be final, without appeal.

Art. 6th

The directors of the chamber of commerce for the time being, may frame, to the best of their judgments, rules and regulations for the general benefit of trade subject nevertheless to the concurrence, or disapprobation of the whole body of members, at meetings to be held every three months, or oftener if necessary, and such rules and regulations, when approved of by a majority of subscribers, and requiring the sanction of law, shall be laid before the legislature of the province for the time being, for their consideration, and, if by them also approved of, prayed for, in order to be past into a

law.

1 Enclosed in the foregoing despatch of May 9th. Canadian Archives, Q13,p.99. The object of this plan was to avoid bringing commercial matters into the regular courts where, under the Quebec Act, the French and not the English civil law was made the basis of decision. The virtual effect of the plan. had it been authorized, would have been to set up a legislative, executive, and judicial system within the Province to govern the trade relations of the members of the Chamber; and this in time must have involved the trade of others dealing with them. Another method however was sought to partially effect the same object, as subsequent documents will show.

SESSIONAL PAPER No. 18

Art. 7th

The chamber of commerce to be made a body corporate, capable of suing and of being sued in any court of record in this province, to hold funds, to receive donations. and endowments, and to give premiums for the encouragement of trade and agriculture.

Art. 8th

The majority of the subscribers to the chamber, to have power to form rules and bye-laws for the better government, and good order of the members, consistent nevertheless with the laws of the province; and to keep books wherein shall be recorded the proceedings of the chamber at large.

Art 9th

The corporation to have power to publish any rules and regulations not requiring the sanction of law, which they may make from time to time, by virtue of their charter, for the benefit of trade, in order that the same may be publickly known throughout the province.

Council Office

3rd April 1777

a copy.

J. WILLIAMS.

ORDINANCES PASSED IN THE SESSION OF THE LEGISLATIVE COUNCIL OF QUEBEC THAT WAS HELD IN JANY,

FEBY, MARCH, & APRIL 1777-1

1. For Establishing Courts of Civil Judicature in the Province of Quebec.

2. To regulate the Proceedings in the Courts of Civil Judicature in the Province of Quebec.

3. For ascertaining Damages on protested Bills of Exchange, and fixing the Rate of Interest in the Province of Quebec.

4. For regulating the Markets of the Towns of Quebec and Montreal.

5. For establishing Courts of Criminal Jurisdiction in the Province of Quebec.

6. Declaring what shall be deemed a due Publication of the Ordinances of the Province.

7. To prevent the selling of strong Liquors to the Indians in the Province of Quebec, as also to deter Persons from buying their Arms or Cloathing, and for other Purposes relative to the Trade and Intercourse with the said Indians.

8. For regulating the Militia of the Province of Quebec, and rendering it of more general Utility, towards the Preservation and Security thereof.

9. For regulating the Currency of the Province.

10. Concerning Bakers of Bread in the Towns of Quebec and Montreal.

11. For repairing and amending the public Highways and Bridges in the Province

of Quebec.

12. Empowering the Commissioners of the Peace to regulate the Prices to be paid for the Carriage of Goods, and the Passage of Ferries in the Province of Quebec. 13. For Preventing Accidents by Fire.

14. For preventing Persons leaving the Province without a Pass.

15. To empower the Commissioners of the Peace to regulate the Police of the Towns of Quebec and Montreal for a limited Time.

16. Concerning the Distribution of the Estates and Effects of Persons leaving the Province without paying their Deḥts.

1 This list of Ordinances---the first passed after the Quebec Act-was also enclosed in Carleton's letter of May 9th. Canadian Archives, Q13, p.103. Nos. 1, 2, & 5 are given in full below, pp. 464 et seq.

6-7 EDWARD VII., A. 1907

Preamble.

(Copy.)

AN ORDINANCE FOR ESTABLISHING COURTS OF CIVIL
JUDICATURE IN THE PROVINCE OF QUEBEC.1

Whereas it is necessary to establish Courts of Civil Judicature for the speedy Administration of Justice within this Province; It is therefore Ordained and Enacted by His Excellency the Captain General, and Governor in Chief of this Province, by and with the Advice and Consent of the Legislative Council of the same, That,

Art. 1. For the Ease and Convenience of His Majesty's subjects Division of the residing in different Parts of this Province, the same shall be and hereby is Province into divided into Two Districts, to be called and known by the names of Quebec and Montreal, which said Districts shall be divided and bounded by the River Godfroy on the South, and by the River S Maurice on the North side of the River St Lawrence..

Two Districts.

* Establishment of a

Court of Com

at least in

Art 2. A Court of Civil Jurisdiction, to be called the Court of Common Pleas, shall be, and hereby is erected, constituted, and established for mon Pleas for each of the said Districts, the one whereof shall sit at the City of Quebec, each District; and the other at the City of Montreal, at least one Day in every week, for to sit one day the decision of Causes in which the Value of the matter in Dispute shall every Week, exceed Ten Pounds Sterling; and another Day in every week for the in matters ex- Decision of Causes in which the matter in Dispute shall be of or under the ceeding £10 Value of Ten Pounds Sterling, and shall so continue their Sittings throughSterling, & another day in out the whole Year, excepting Three Weeks at Seed Time, a Month at matters of or Harvest, and a Fortnight at Christmas and Easter, and except during such Sum; except Vacations as shall be appointed by the Judges for making their Circuits Twice

under that

in Vacation Times.

Rule of
Decision

necessary to

Every Year through their separate Districts. The said Courts shall have full Powers, Jurisdiction, and Authority, to hear and determine all matters of Controversy relative to Property and Civil Rights, according to the Rules prescribed by an Act of Parliament made and passed in the Fourteenth Year of the Reign of His Present Majesty, intituled, “An Act "for making more effectual Provision for the Government of the Province "of Quebec, in North America," and such Ordinances as may hereafter be Two Judges passed by the Governor and Legislative Council of the said Province. Art 3. In matters above the Value of Ten Pounds Sterling, the Premake a Court. Their Decision sence of Two Judges shall be necessary to constitute a Court of Common to be final in Pleas; the Decision of which Court shall be final in all cases where the matters under matter in Dispute shall not exceed the Value of Ten Pounds Sterling, except £10 Sterling except in cer- in matters which may relate to taking or demanding any Duty payable to tain Cases: His Majesty, or to any Fee of Office, or Annual Rents, or other such like In which ex- matter or Thing, where the Rights in future may be bound, in which Cases, and in matters and also in all Matters that exceed the said Value of Ten Pounds sterling, above that an Appeal shall lie to the Governor and Council; provided Security be duly value, Appeal given by the Appellant, that he will effectually prosecute the same, and Governor and answer the Condemnation; as also pay such Costs and Damages as shall be awarded, in case the Judgment or Sentence of the Court of Common Pleas shall be affirmed.

cepted Cases,

to be to the

Council.

Giving good security.

Art 4. The Governor and Council are hereby erected and constituted The Governor and Council a Superior Court of Civil Jurisdiction (whereof in the absence of the made a Court Governor and Lieutenant Governor, the Chief Justice shall be President) of Appeals. for hearing and determining all Appeals from the inferior Courts of Civil

1 Canadian Archives, Q 62 A-2, p.586. This and the two following ordinances are framed in accordance with the 14th and 15th articles of the instructions to Governor Carleton, 1775. See pp. 423 & 424.